request for qualifications rfqu# 19/20-11 for general ... · palm beach state college seeks to...

Prequalification of General Contractors Palm Beach State College

RFQu 19/20-11 of 62

Request for Qualifications RFQu# 19/20-11

for General Contractors

For single projects under $1,000,000

Prepared By: David Chojnacki, CPPP

Assistant Director, Procurement Department 4200 Congress Avenue, PS#101 Lake Worth, Florida 33461-4796

[email protected]


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TABLE OF CONTENTS

Title Page

Notice to Applicants 3

Background 4

Intent 4

Scope of Work 5

Application Submission Deadline 6

Administrative Information 7

Instructions for Preparation of Applications 10

Evaluation and Award (Criteria) 10

General Requirements 12

Additional Information 15

Ruling Order of Documents 17

Questionnaire 18

Certification Form 20

Reference Check Form 21

E-Verify Form 22

Drug-Free Form 23

Contractor Code of Ethics Form 24

Consultant Verification Form 25

Non-collusion Affidavit 26

Checklist 27

Appendix A - Insurance Requirements 28

Appendix B - PBSC General Conditions for Construction Contracts

30


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NOTICE TO ALL APPLICANTS:

To ensure fair consideration is given for all Applicants, it must be clearly understood that upon release of the application and during the application process, General Contractors and their employees of related companies as well as paid or unpaid personnel acting on their behalf shall not contact or participate in any type of contact with College employees, department heads or elected officials, up to and including the Palm Beach State College District Board of Trustees. The “cone of silence” is in effect for this solicitation from the date the RFQu is advertised on DemandStar, until the time an award decision has been approved by the Palm Beach State College District Board of Trustees and fully executed by all parties. Such contact may result in the vendor being disqualified. All contact must be coordinated through Mr. David Chojnacki for the procurement of these services.

All questions regarding this RFQu or Solicitation are to be submitted in writing to David Chojnacki, Assistant Director, Procurement via e-mail [email protected], or by phone 561-868-3465. Please reference the RFQu/Solicitation number on all correspondence to the College.

All questions, comments and requests for clarification must reference the RFQu / Solicitation number on all correspondence to the College. Any oral communications shall be considered unofficial and non-binding.

Only written responses to written communication shall be considered official and binding upon the College. The College reserves the right, at its sole discretion, to determine appropriate and adequate responses to the written comments, questions, and requests for clarification.

*NOTE: All addendums and/or any other correspondence (general information, question and responses) tothis RFQu will be made available exclusively through the DemandStar and the College’s website forretrieval. Applicants are solely responsible for frequently checking this website for updates to this RFQu.


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READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. APPLICANTS ARE RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS.

1.0 BACKGROUND

Palm Beach State College seeks to prequalify a pool of General Contractors for Palm Beach State College Projects. This document contains the information and application requirements for interested General Contractors.

The purpose of this Request for Qualifications (RFQu) is to review applications from General Contractors and to select a pool of contractors to provide General Contracting Services for various construction, remodeling, renovations, mechanical, electrical, and plumbing maintenance, and other campus civil and environmental upgrades to Palm Beach State College.

2.0 INTENT

The intent of selecting a prequalified pool of licensed contractors is to efficiently solicit bids for projects, and to execute projects with a cost under $1,000,000. Each qualified general contractor will be invited to submit bids on each project, with the low bidder being selected. General contractors that are not prequalified will not be permitted to bid on projects.

Projects posted for bid to this pool will not exceed one million dollars ($1,000.000.00) per project.

Selected qualified General Contractors would be evaluated annually for renewal over a five-year period.

Projects to be bid may be located on any of the campuses of Palm Beach State College located in Palm Beach County, Florida. The College currently has facilities in the following locations:

• Lake Worth• Boca Raton• Palm Beach Gardens• Belle Glade• Loxahatchee Groves• West Palm Beach

The selected General Contractors will be required to work under the direction of the College District Facilities Planning and Construction Departments and the College’s Building Code Official.

Complete project specifications will be developed by the College’s Architectural and Engineering firms under contract with the College or from within the Colleges Facilities Planning Department. It will not be the responsibility of the Prequalified General Contractors to hire firms for these professional services.

Selected General Contractors will be bidding on work on that may include but not be limited to:

• Building Remodeling, Renovations, Additions and Expansions• Classroom and Office Renovations• Recreation Facilities Upgrades• Restroom Renovations• Deferred Maintenance Projects for Building Maintenance, Mechanical, Electrical and Plumbing Systems• Lighting Upgrades (Interior, Theater, Exterior, Street, Signage, Athletic Fields)• Streets, Parking Lots, Walkways• Site Development Projects including Landscaping, Irrigation, Underground Utilities


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To demonstrate capability for performance of the required contracting services, applicants must reply to this solicitation and the instruction contained herein. NOTE: The College may not accept applications from General Contractors, that have had adversarial relationships with the College or General Contractors that have represented entities that have had adversarial relationships with the College. This includes the General Contractor, employees and financial or legal interests.

REQUEST FOR APPLICATIONS

Through this RFQu #19/20-11 Request for Qualifications for General Contractors, the Applicant agrees to perform all work pursuant to individual project bid requests and all deliverables for the projects to be bid. Palm Beach State College is seeking general contracting services from qualified companies for projects as defined and specified by our Facilities Department. This RFQu expresses the Colleges’ application requirements that must be followed by any individual or entity (hereinafter referred to as the “Applicant”) desiring to present an application. The College will consider all qualified responses to this RFQu and will evaluate each application based on the qualifications as set forth herein. The applications from interested, qualified individuals or General Contractors for RFQu #19/20-11 must be received by the Procurement Department of Palm Beach State College, 4200 Congress Avenue, PS #101, Lake Worth, Florida 33461-4796, no later than Tuesday, July 7, 2020 @ 2:00PM(ET). 3.0 SCOPE OF WORK

Scope of Work is determined by individual projects placed out to bid to the qualified pool. 4.0 APPLICATION SUBMISSION

The submission of applications may be submitted electronically through DemandStar by General Contractors responding to this RFQu. All applications must be compatible with Microsoft Office 2007. The Applicant can only view/submit his/her application and will not have access to any other applications. The Applicant’s E-Application may be changed at the Applicant’s discretion until the RFQu Due Date and Time is reached. The Applicant will no longer be allowed to change or have access to the application submittal after the RFQu Due Date and Time as the College will open all applications on said date. Any Applicant who is submitting an E-Application for the first time is strongly encouraged to contact DemandStar by e-mailing questions to [email protected].

All applications shall be submitted by completing all required documents. The forms needing signature should be printed and signed in blue ink and then scanned into your package. All applications are required to be electronic and be contained in one (1) file through demandstar.com. No hard copies will be accepted.

A. Request for Qualifications (RFQu) Specifications, #19/20-11.

B. Download the Application Reply and save to your hard drive, program is in Word 2007 Professional.

C. Electronically sign the Application Reply where indicated. D. Upload in one file and in the following order the Application Reply for RFQu# 19/20-11, application

response formatted as instructed on Pages 10, and 27.

E. The Submit button at the bottom of the page must be selected to send the documents.

mailto:[email protected]


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*** Only electronic replies are required. No hard copies will be accepted. Please limit entire application to no more than 1.5 mb ***

NOTE: The College may not accept applications from General Contractors, that have had adversarial relationships with the College or General Contractors that have represented entities that have had adversarial relationships with the College. This includes the General Contractor, employees and financial or legal interests. The College will not enter into a contract or conduct business with any General Contractor or any personnel that is listed on the Federal, State, or other local government agencies' Excluded Parties List, Suspended List or Debarment List. CAUTION It is the sole responsibility of the Applicant to assure that his or her application is uploaded to DemandStar on or before the RFQu Due Date and Time. The College shall in no way whatsoever be responsible for any delays caused by any power outages or internet failures. No exceptions will be made.

NOTICE OF APPLICATIONS BEING PUBLIC RECORDS Any material that is submitted in response to this RFQu, may become a public document pursuant to Chapter 119 of the Florida Statutes. If information submitted in response to a procurement is believed to be confidential, proprietary or trade secret information, the responding entity should identify the information as such in writing and submit it in a separate responsive package. Palm Beach State College will comply with all public record laws, including those exempting disclosure of trade secret information pursuant to Florida law. Applicant is solely responsible for all cost and actions associated with any litigation or challenge as to the exemption of any materials submitted.

5.0 APPLICATION SUBMISSION DEADLINE Applications shall be submitted no later than the Application Deadline time and date. Applicants shall respond to this written RFQu and any exhibits, attachments, or amendments. An Applicant’s failure to submit an application as required before the deadline shall cause their application to be disqualified. Under no circumstances shall applications delivered to or received by the College after the RFQu Due Date and Time be accepted or considered. Late applications will be returned to the Applicant unopened. It is the sole responsibility of the Applicant to ensure that the application reaches the Procurement Department or DemandStar.com on or before the RFQu Due Date and Time. The College shall in no way be responsible for any delays arising from or caused by any occurrence whatsoever in its receipt of any applications after the RFQu Due Date and Time. No exceptions will be made. 5.1 Application Due Date

Tuesday, July 7, 2020 @ 2:00PM (ET). Responses are required to be uploaded into Demandstar.com. See Section 4.0 for instructions.

5.2 Pre-Application Conference

The College will hold one Pre-Application Conference: Tuesday, June 16, 2020@ 10:00AM (ET) via Skype. If you wish to participate, you must submit your email address by Monday June 15, 2020 to [email protected] or to [email protected].

Attendance at the Pre-Application Skype meeting is voluntary and not a pre-requisite to submitting an Application; however, it is strongly encouraged that all potential Applicants participate.



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TENTATIVE SCHEDULE

The following projected timetable should be used as a working guide for planning purposes. The College reserves the right to adjust this timetable as required during the course of the RFQu process.

It is the intent of the College to have this selection completed within a limited time frame. Therefore, priority will be given to General Contractors who recognize and display the ability to work within the restrictions of the following tentative schedule:

REVIEW AND SELECTION PROCESS

ACTION DATE TIME

Release Date Monday, June 8, 2020

Pre-Application Conference Tuesday, June 16, 2020 10:00AM (EST)

Questions Due from General Contractors Friday, June 19, 2020 5:00PM (EST

Answers Posted on DemandStar and College Website Wednesday, June 24, 2020 5:00PM (EST)

Applications/Responses Due on Demandstar.com Tuesday, July 7, 2020 2:00 PM (EST)

Evaluation Committee Meeting* TBD TBD

Applicant Notifications TBD TBD

** Approval by PBSC District Board of Trustees Tuesday, August 11, 2020 4:00PM (EST)

* Evaluation Committee will meet virtually. **District Board of Trustee Meetings are held at 4:00PM once per month, location varies. Please check College’s website to confirm time and location. Qualified applicants are not required to attend. 6.0 APPLICATION QUESTIONS

All questions related to the RFQu must be directed to David Chojnacki, Assistant Director in the Procurement Department. All communication should be in writing. Any oral communications shall be considered unofficial and non-binding. Written comments, including questions and requests for clarification, must reference the RFQu number. Questions may be emailed to [email protected].

6.1 Questions Due Date Friday June 19, 2020 @ 5:00PM (EST) Late questions will not be accepted or answered.

6.2 Answers Posted in DemandStar.com Wednesday June 24, 2020 @ 5:00PM (EST)

7.0 ADMINISTRATIVE INFORMATION Incorporation of Application into projects: The contents of this application and the selected Applicant’s response will be considered as incorporated in the bid for future facilities projects.

7.1 RFQu Facilitator: The main point of contact for this RFQu shall be: David Chojnacki, CPPP

Assistant Director, Procurement 4200 Congress Avenue, PS #101 Lake Worth, Florida 33461-4796 E-mail: [email protected]




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The main point of contact shall hereinafter be referred to as the RFQu Facilitator.

7.2 Communications Regarding the RFQu:

7.2.1 Communications Paragraph / Restrictive

During the application process, General Contractors shall not contact College staff. Additionally, General Contractors and their employees of related companies as well as paid or unpaid personnel acting on their behalf shall not contact or participate in any type of contact outside the College offices with College employees, including District Board of Trustee members. Such contact may result in the vendor being disqualified. All contact must be coordinated through David Chojnacki, RFQu Facilitator, for this procurement.

7.2.2 Upon release of this RFQu, all applicant communications concerning this procurement must be

directed to the RFQu Facilitator. All communication should be in writing to the RFQu Facilitator. Any oral communications shall be considered unofficial and non-binding. Written comments, including questions and requests for clarification, must reference the RFQu number and should be submitted no later than Friday June 19, 2020 @ 5:00PM (EST).

7.2.3 The College shall respond in writing to written communications. Such response shall constitute an addendum to the RFQu. Only written responses to written communication shall be considered official and binding upon the College. The College reserves the right, at its sole discretion, to determine appropriate and adequate responses to the written comments, questions, and requests for clarification.

7.3 Application Preparation Costs:

The College shall not be responsible or liable for any costs associated with the preparation, application, presentation, or other costs incurred by participating in this procurement process.

7.4 Application Withdrawal: A proposing General Contractor may withdraw their Application by submitting a written request for its withdrawal, such request having the signature of an authorized company representative, to the College RFQu Facilitator at any time prior to the submission deadline. The General Contractor may thereafter submit a new Application prior to the deadline. Modifications offered after the deadline will not be considered.

7.5 Application Amendment: The College shall not accept any amendments, revisions, or alterations to applications after the deadline for application unless such is formally requested in writing.

7.6 Ambiguity, Conflict or Errors in RFQu:

Due care and diligence have been used in the preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the applicant.


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If a General Contractor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFQu, he shall immediately notify the College of such error in writing and request modification or clarification of the document. Any modification made to this RFQu will be issued as an addendum. Written notice will be given to all parties who have been furnished with the RFQu without divulging the source of the request.

If a General Contractor fails to notify the College prior to the date and time fixed for submission of an error or ambiguity in the RFQu known to him, or an error or ambiguity that reasonably should have been known to him, he shall not be entitled to additional time by reason of the error/ambiguity or its late resolution.

The College may also modify the RFQu prior to the date and time fixed for submission of applications by issuance/posting of an addendum. All addenda will be numbered consecutively beginning with 1.

7.7 Application Acceptance Period:

Each application shall be valid for a period of one hundred twenty (120) days after the RFQu submission deadline date to allow time for evaluation, selection, and any unforeseen delays. The one hundred twenty (120) days may be extended upon agreement of the parties.

7.8 Right to Rejection:

7.8.1 The Palm Beach State College reserves the right, at its sole discretion, to reject any and all applications or to cancel this RFQu entirely if determined to be in the best interest of the College. Any General Contractor who is currently involved, either directly or indirectly with any litigation against or involving the College, which, as determined by the Palm Beach State College District Board of Trustees majority vote, may not be in the best interest of the College may be disqualified and/or not considered for an award

7.8.2 Any application received which does not meet the requirements of this RFQu may be considered

non-responsive, and the application may be rejected. Applicants must comply with all the terms of this RFQu and all applicable federal, state and local laws and regulations. The College may reject any application that does not comply with all the terms, conditions, and performance requirements of this RFQu.

7.8.3 The College reserves the right, at its sole discretion, to waive any technicality in applications provided

such action is in the best interest of College. Where the College waives minor technicalities in application, such waiver does not modify the RFQu requirements or excuse the applicant from full compliance with the RFQu. Notwithstanding any minor technicalities, the College may hold any applicant to strict compliance with the RFQu.

7.9 Implied Requirements: Products and services not specifically mentioned in this RFQu, but which are necessary to provide the service

described by this RFQu, shall be included in the application. It is intended that this RFQu describe the requirements and response format in sufficient detail to secure comparable applications.

7.10 Application of Additional Services:

If an applicant indicates an offer of services in addition to those required by and described in this RFQu, these additional services may be procured by the College under separate solicitations.


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8.0 INSTRUCTIONS FOR PREPARATION OF APPLICATIONS A. Qualification Information. The submitted response to the RFQu must contain detailed and concise qualifications of

the General Contractor and personnel. Applicants should respond in enough detail so that the specific guidelines and purpose are clearly represented. The response to the RFQu must include information as described below and as addressed in criteria. All applications are required to be electronic and be contained in one (1) file through demandstar.com. No hard copies will be accepted.

B. Organization. Such materials should be organized in the following format:

1. Table of contents. 2. Cover letter including name, address, phone number, date of submission, name and number of this solicitation.

(Not to exceed one (1) page.) 3. Completed Questionnaire (begins on page 18 of this RFQu). 4. Completed Questionnaire Certification (Immediately follows the Questionnaire) 5. References: Use the Reference Check Form (on page 21). The form should be sent to your references for

completion. It is your responsibility to return completed forms with your application. See more information about your references in the Questionnaire #13. Note: Palm Beach State College “may not” be used as a reference if you are currently doing business with the College.

6. Completed State of Florida E Verification Utilization Form (page 22). 7. Completed Drug Free Workplace Form (page 23). 8. Completed Contractor Code of Ethics Form (page 24). 9. Completed General Contractor Verification Form (page 25) NOTE: Attach copies of all applicable State of

Florida Licenses. 10. Completed Non-Collusion Affidavit Form (page 26). 11. Submit a current W-9 tax form. 12. A notarized letter from an approved State of Florida surety insurer which states your aggregate limit and per

project bonding capacity. 13. Comprehensive Financial Statements

Financial Statements: Applicant will provide annual financial statements for the last two (2) calendar years for

your organization. Independently audited statements are preferred. Statements should include the company’s assets, liabilities, and net worth. At a minimum, include the Balance Sheet (Statement of Financial Positions), Income Statement (Statement of Operations), Retained Earnings and Cash Flow Statement. The College acknowledges that privately held corporations and other business entities are not required by law to have audited financial statements. In the event the Applicant is a privately held corporation or other business entity whose financial statements are audited; such audited statements shall be provided. If the privately held corporation or other business entity does not have audited financial statements, then un-audited statements or other financial documentation sufficient to provide the same information as is generally contained in an audited statement, and as required above, shall be provided.

9.0 EVALUATION AND AWARD

The Evaluation Committee will review all applications and qualify General Contractors as solely determined by the College. Application review will be objective in nature. The pool of qualified applicants accepted may not have a numerical limit as the College recognizes that a large pool of preapproved General Contractors bidding on future College facility projects and bids promotes inclusion, competition and fair market value of projects.


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The Procurement Department reserves the right to request any additional information needed for clarification from any applicant for evaluation purposes.

EVALUATION COMMITTEE COMPOSITION The RFQu Evaluation Committee will be comprised of three (3) committee seats as recommended by Facilities Management and Procurement as follows:

1. Assistant Director, Facilities Planning and Construction 2. Safety and Risk Manager 3. Assistant Comptroller

9.1 The evaluation process is designed to be objective.

Step One: Applications will be evaluated by an Evaluation Committee. For clarification purposes, the College may request additional information from some or all the responding General Contractors. The committee will evaluate all applications for completeness as outlined. Incomplete applications, as determined by the Committee, will disqualify the application and the General Contractor will not be recommended for prequalification to the Palm Beach State College District Board of Trustees. Step Two: Upon direction/approval and consensus of the Evaluation Committee, the applications meeting the standards as defined herein shall be presented to the Palm Beach State College District Board of Trustees (DBOT) for final approval. Note: The College at its discretion reserves the right to contract with the top-ranking applicant(s) as it meets the needs of the taxpayers and fulfills the requirements as outlined in this Request for Qualifications. Those contracts will be the result of future project bid specifications, awarded bids, and the issuance of a College Purchase Order.

9.2 The RFQu Facilitator shall manage the application evaluation process and maintain application

evaluation records. An Evaluation Committee will independently evaluate each application. 9.3 All applications shall be reviewed by the RFQu Facilitator to determine compliance with basic

application requirements as specified in this RFQu. 9.4 The College reserves the right, at its sole discretion, to request clarifications or conduct discussions

for clarification with any or all Applicant’s. The purpose of any such discussions shall be to ensure full understanding of the application. If clarifications are made as result of such discussion, the offeror shall put such clarifications in writing. All communication (written or oral) with the Evaluation Committee will be coordinated by the RFQu Facilitator. Applicants are prohibited from contacting the Evaluation Committee members directly.

9.5 Contract Award Process:

9.5.1 The RFQu Facilitator shall forward results from the application evaluation process and award

recommendation to College Council for their approval. 9.5.2 The College reserves the right to make a recommendation without further discussion of any

application submitted. There shall be no best and final offer procedure.


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10.0 General Requirements

10.1 Request for Application - All requirements contained in the Request for Qualifications are hereby incorporated in subsequent facilities project contracts.

10.2 Collusion - The College reserves the right to disqualify future bids, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the General Contractor. More than one (1) future project bid from an individual, partnership, corporation, association, General Contractor, or other legal entity under the same or different names will not be considered. Any or all future project bids will be rejected if there is any reason to believe that collusion exists among the General Contractors that are prequalified under this RFQu process.

10.3 Public Entity Crime Statement - All solicitations as defined by Section 287.012(11), Florida Statutes, requests for bids as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.”

10.4 Cooperative Purchasing Agreement - This Application may be expanded to include other governmental agencies provided a cooperative Purchasing Agreement exists or an Inter-Local Agreement for joint purchasing exists between the Palm Beach State College and other public agencies. Provider may agree to allow other public agencies the same items at the same terms and conditions as this Application, during the period that this Application is in effect. Each political entity will be responsible for execution of its own requirements with the selected Applicant.

With the consent and agreement of the successful applicant, purchases may be made under this RFQu by other colleges, universities, school boards, political subdivisions, or state agencies. Such purchases shall be governed by the same terms and conditions stated in the solicitation as provided in the State Board of Education Rule 6A-14-0734 (2) (d).

10.5 Anti-Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

The non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations provided by the Secretary of Labor are incorporated herein.

10.6 Permits – The selected Applicant shall be responsible for obtaining all permits, licenses, certifications, etc., required by federal, state, county, and municipal laws, regulations codes, and ordinances for the performance of the work required in these specifications and to conform to the requirements of said legislation.

10.7 Familiarity with Laws - The selected Applicant is assumed to be familiar with all Federal, State and local laws, ordinances, rules and regulations that may affect the work. Ignorance on the part of the Applicant will in no way


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relieve him from responsibility. The selected Applicant will submit all applications in compliance with the 28 C.F.R. § 35.151.

10.8 Public Record Law - Any material submitted in response to this Solicitation will become a public document pursuant to Section 119.07, F.S. This includes material which the responding applicant might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07, Contractor’s refusal to comply with this provision shall constitute sufficient cause for termination of the project contracts resulting from this Solicitation.

Respondent acknowledges that all information contained within their bids on projects is part of the public domain as defined by the State of Florida Sunshine and Public Record Laws.

10.9 Retention of Records - Contractor agrees to retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertaining to any project contract resulting from this Solicitation for a period of five (5) years. Copies of all records shall be made available to the College upon request. All invoices and documentation must be clear and legible for audit purposes. Documents must be retained by contractor within the State of Florida at an address to be provided, in writing, to the College within 30 days of the contract execution. Any records not available at the time of an audit will be deemed unavailable for audit purposes. The contractor will cooperate with the College to facilitate the duplication and transfer of any said records or documents during the required retention period. The contractor shall inform the College of the location of all records pertaining to the project contracts resulting from this Solicitation and shall notify the College by certified mail within ten (10) days if/when the records have been moved to a new location.

10.10 Governmental Restrictions - In the event any governmental restrictions may be imposed that necessitate alteration of material, quality, workmanship or performance of the items offered in future project bids prior to their delivery, it shall be the responsibility of the successful applicant to notify the College at once, indicating in their letter the specific regulation which required an alteration. The College reserves the right to accept and or reject any such alteration, including any price adjustments occasioned thereby, or to cancel the project at no expense to the College.

10.11 Legal Requirements - Applicable provision of all Federal, State, county and local laws, and of all ordinances, rules, and regulations shall govern development submittal and evaluation of all future project bids and shall govern any and all claims and disputes which may arise between person(s) submitting a future project bid and the College by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof.

10.12 Governing Law - This solicitation, and any award(s) resulting from same, shall be governed by and construed under the laws of the State of Florida and must have venue established in Palm Beach County, Florida or the United States Court of the Southern District of Florida.

10.13 Default and Litigation Costs - In the event of a default on future College facility project contracts, the defaulting party shall pay all attorney’s fees and court costs incurred by the non-defaulting party, at both the trial and appellate levels, in any action brought to enforce and collect damages arising from the default as allowable by law.

10.14 Liability - The vendor shall hold harmless the College, its officers, agents and employees from liability of any kind in the performance of future College projects.

10.15 Employment of Alien Workers - The College will comply with all aspects of Section 274A of the Immigration and Nationality Act. We will not knowingly engage with a company that does not adhere to these regulations and it is the obligation of the applicant to disclose any violation of such law to the College.


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10.16 Protection of Work, Property and Personnel - The awardee shall always guard against damage and/or loss to the property of the College and shall replace and/or repair any loss or damages unless such is caused by the College. The College may withhold payment or make such deductions, as it might deem necessary to insure reimbursement for loss and/or damages to the property through negligence of the awardee. The awardee shall take the necessary safety precautions to protect both personnel and property while the work is in progress simultaneously adhering to future project schedules.

10.17 Discriminatory Vendor’s List - Any entity or affiliate who has been placed on the Discriminatory Vendors List as maintained by Florida Department of Management Services may not submit a bid to provide goods or services to a public entity, may not be awarded a contract or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity and may not transact business with any public entity.

10.18 Americans with Disabilities Act - The contractor shall comply with the Americans with Disabilities Act. In the event of the contractor’s non-compliance with the non-discrimination clauses of the Americans with Disabilities Act, or with any other such rules, regulations or orders, any contract resulting from this Solicitation may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts

10.19 State Licensing Requirement - All entities defined under Chapters 607, 617 or 620, Florida Statutes, seeking to do business with the College shall be on file and in good standing with the State of Florida’s Department of State.

10.20 Insurance Requirements - When performing a service, construction work or any type of installation is required on College property, the successful vendor is required to supply a Certificate of Insurance naming Palm Beach State College and its District Board of Trustees as additional insured evidencing coverage during the period the vendor is providing services per the following: 1. Workers compensation and employee's liability in accordance with the laws of the State of Florida. 2. General Liability, minimum of $1,000,000 per Occurrence and $2,000,000 Aggregate. 3. Property damage liability, minimum of $1,000,000 per occurrence and $2,000,000 aggregate. 4. Umbrella liability with limits of not less than $2,000,000 per occurrence and $2,000,000 aggregate. 5. Contingent coverage for sub-contractors for liability at the site. The bidder must list any sub-contractor that will perform work under this bid. The Certificate of Insurance must be provided to the College prior to the commencement of any work.

10.21 Withdrawal of Application - A Applicant may withdraw his/her application without prejudice no later than the day and hour set in the E-Bid by removing all documents from DemandStar.

10.22 Force Majeure, Notice of Delay, and No Damages for Delay (Future Awarded Projects) - The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the College in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages or additional charges, other than for an extension of time, shall be asserted against the College. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the College agrees to, in writing, to any modification of the contract terms.

Note: Insurance requirements will vary based on the type of products and services provided under the facilities project.


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11.0 Additional Information

11.1 PROTESTING OF CONDITIONS/SPECIFICATIONS. Any person desiring to protest the conditions/specifications in this solicitation, or any Addenda subsequently released thereto, shall file a notice of protest, in writing, within 72 consecutive hours after the receipt of the solicitation or Addenda and shall file a formal written protest within ten calendar days after the date the notice of protest was filed. The time provided for filing a notice of protest shall be based upon whenever a person receives this solicitation, or any Addenda released thereto. Receipt of a copy of this solicitation, or any Addenda released thereto, which is received in accordance with Chapter 119, Florida Statutes, or College Policy, as currently enacted or as amended from time to time, shall not be used as a basis for filing a notice of protest as described herein. Saturdays, Sundays, legal holidays or days during which the College administration is closed, shall be excluded in the computation of the 72 consecutive hours. If the tenth calendar day falls on a Saturday, Sunday, legal holiday or days during which the College administration is closed, the formal written protest must be received on or before 5:00 p.m. (ET) local time of the next calendar day that is not a Saturday, Sunday, legal holiday or days during which the College administration is closed. Section 120.57(3)(b), Florida Statutes, as currently enacted or as amended from time to time, states that “The formal written protest shall state with particularity the facts and law upon which the protest is based”. a. Failure to file a notice of protest or to file a formal written protest within the time prescribed shallconstitute a waiver of proceedings under Chapter 120, Florida Statutes or this solicitation. Notices of protest, formal written protests, must be filed with the required bonds as noted herein shall be filed at College, Purchasing Department MS 27, 4200 Congress Avenue, Lake Worth, FL 33461. Fax filing will not be acceptable for the filing of bonds. PROTESTING OF AWARD RECOMMENDATIONS/TABULATIONS. Award Recommendations and Tabulations will be posted in the Purchasing Department on the date and time stipulated on the solicitation and will remain posted for 72 consecutive hours. Any change to the date and time established herein for posting of solicitation Award Recommendations shall be posted in the Purchasing Department and on the departmental web site. In the event the date and time of the posting of Award Recommendation is changed, it is the responsibility of each respondent to ascertain the revised date of the posting of Award Recommendation. Any person desiring to protest the intended decision shall file a notice of protest, in writing, within 72 consecutive hours after the posting of the Award Recommendation (or receipt of written notice of intended decision) and shall file a formal written protest within ten calendar days after the date the notice of protest was filed. A written notice of intended decision shall only apply when the Purchasing Department gives notice of an intended decision about this solicitation. A written notice of intended decision received in accordance with Chapter 119, Florida Statutes, or College Policy, as currently enacted or as amended from time to time, shall not be used as a basis for filing a notice of protest as described herein. Saturdays, Sundays, legal holidays and days during which the College administration is closed shall be excluded in the computation of the 72 consecutive hours. If the tenth calendar day falls on a Saturday, Sunday, legal holiday or days during which the College administration is closed, the formal written protest must be received on or before 5:00 p.m. (ET) local time of the next calendar day that is not a Saturday or Sunday, legal holiday or days during which the College administration is closed. No submissions made after the bid opening amending or supplementing the bid shall be considered. Section 120.57(3)(b), Florida Statutes, as currently enacted or as amended from time to time, states that “The formal written protest shall state with particularity the facts and law upon which the protest is based”. Any person who files an action protesting an intended decision shall post with the College, at the time of filing the formal written protest, a bond, payable to College, in an amount equal to one percent (1%) of the College's estimate of the total value of the contract. The College shall provide the estimated contract amount to the contractor within 72 hours, excluding Saturdays, Sundays and other days during which the College administration is closed, of receipt of notice of intent to


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protest. The estimated contract amount shall be established on the award recommendation as the "contract award amount". The estimated contract amount is not subject to protest pursuant to Section 120.57(3), Florida Statutes. The bond shall be conditioned upon the payment of all costs which may be adjudged against the protestant in an Administrative Hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, the College may accept a cashier's check, official bank check or money order in the amount of the bond. If, after completion of the Administrative Hearing process and any appellate court proceedings, the College prevails, and then the College shall recover all costs and charges which shall be included in the Final Order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney's fees. If the protestant prevails, then the protestant shall recover from the College all costs and charges which shall be included in the Final Order or judgment, excluding attorney's fees. a. Failure to file a notice of protest or to file a formal written protest within the time prescribed shall constitute a waiver of proceedings under Chapter 120, Florida Statutes or this solicitation. Notices of protest, formal written protests, and the required bonds, shall be filed at College, at Purchasing Department MS 27, 4200 Congress Avenue, Lake Worth, FL 33461. Fax filing will not be acceptable for the filing of bonds. 11.2 Preference to Florida Business - In accordance with Florida Statute 287.084, if this solicitation is for personal property, then a preference of at least five percent (5%) (see below) must be provided to businesses that have a principle place of business in the State of Florida. Vendors whose principal place of business is outside the State of Florida must submit a written opinion of an attorney as required in 287.084(2). The written opinion is only required if this solicitation is for personal property. The statute is reprinted here for your convenience: 287.084 Preference to Florida businesses. — (1)(a) When an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, application, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the agency, university, college, school district, or other political subdivision of this state shall award a preference to the lowest responsible and responsive vendor having a principal place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5 percent. (b) Paragraph (a) does not apply to transportation projects for which federal aid funds are available. (c) As used in this section, the term “other political subdivision of this state” does not include counties or municipalities. (2) A vendor whose principal place of business is outside this state must accompany any written bid, application, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. (3)(a) A vendor whose principal place of business is in this state may not be precluded from being an authorized reseller of information technology commodities of a state contractor as long as the vendor demonstrates that it employs an internationally recognized quality management system, such as ISO 9001 or its equivalent, and provides a warranty on the information technology commodities which is, at a minimum, of equal scope and length as that of the contract. (b) This subsection applies to any renewal of any state contract executed on or after July 1, 2012.


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12.0 RULING ORDER OF DOCUMENTS

This RFQu and the application response documents submitted shall be incorporated into the final individual project

contracts by reference. Therefore, all requirements in this RFQu not specifically addressed in an exception statement

in the contract documents, shall stand as contractual responsibilities of the application respondent. The future facilities

contract bid and award shall be the controlling document on the project, followed by the Application response to this

RFQu and this RFQu.


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QUESTIONNAIRE RFQu #19/20-11

It is understood and agreed that the following information is to be used by the College to determine the qualifications of Applicants to perform the work required.

The undersigned attests to the truth and accuracy of all statements made on this questionnaire. Also, the undersigned hereby authorizes any public official, consultant, surety, bank, manufacturer, distributor, corporation, or any person or organization requested by Palm Beach State College to furnish the College any pertinent information deemed necessary to verify the information on this questionnaire.

Dated this __________ day of ______________________________, 2020.

____________________________________________________________ Name of Organization / Applicant

By: _______________________________________________________ Name and Title

(If more space is needed, please attach additional sheets.)

1. Is your General Contracting company a Corporation, Partnership, Joint Venture, Individual or other?_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. General Contractor's name and main office address, telephone and fax number, e-mail:_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. General Contractor's previous name (if any).____________________________________________________________________________________________

4. How many years has your company been in business of providing General Contracting Services? __________

5. Number of years in Florida as a General Contractor? ________________________

6. Please list the last three (3) projects completed by your company for an educational institution, municipal governmentagency, and/or private entities.

Agency Project Contact Name & Telephone Contact E-mail Address

1.

2.

3.


RFQu 19/20-

7. List all projects in the past five (5) years where your company was awarded the project but did not complete theproject and provide the reason for the incompletion. List the name or the entity, location, date and reasons.

8. H

9. Di

10. Ip

11. HLf

12. L

13. D

14. PsFw

ADDENDincluded

AGREEM

11 of 62

ow many projects does your company currently have under contract?

oes your company have, and can it name as additionally insured through a Certificate of Insurance, the minimumnsurance coverage requirements as outlined in this document’s Appendix A, on page 28?

s your company currently prequalified as a General Contractor with any other agency in the State of Florida? If so,lease provide the names of those agencies.

as your company been involved in any prior litigation, arbitration, or professional claims with contracted projects?ist all performance related legal claims, litigation, demands, contracts terminated due to non-performance, lawsuits

iled, threatened, pending and settlements involved in over the last five (5) years.

ist adverse actions sanctioned by any regulatory authorities over the last five (5) years.

oes your company have any pending agreements to merge or sell your company?

rovide three (3) references for contracting projects that your company completed. The projects are preferred to beimilar to the Palm Beach State College projects as forecasted in this solicitation. Please use the Reference Checkorm on page 27. Make 3 copies and return the fully completed (by your references) Reference Check Formsith your application.

UM ACKNOWLEDGMENT - Consultant acknowledges that the following addenda have been received and are in his/her application. Check the PBSC Purchasing Website for any and all addenda issued:

Addendum Number Date Issued

ENT - Consultant agrees to comply with all requirements stated in the specifications for this RFQu.


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QUESTIONNAIRE CERTIFICATION:

This RFQu Application is submitted by: Name (print) _______________________________________ who is an officer of the above General Contractor duly authorized to sign applications and enter into contracts. I certify that this RFQu #19/20-11 is made without prior understanding, agreement, or connection with any corporation, General Contractor, or person submitting an application for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud.

I have read the PBSC General Conditions of the Contracts for Construction, Appendix B of this document and agree to abide by these terms when contracting for projects with Palm Beach State College.

I agree to attend mandatory pre-bid meetings (site scope meetings), when requested to do so, prior to submitting bids for PBSC projects.

The applicant understands that information contained in this Application Reply will be relied upon by College in awarding the Prequalification and such information is warranted by the applicant to be true. The undersigned applicant agrees to furnish such additional information, prior to acceptance of any application relating to the qualifications of the applicant, as may be required by the College.

I certify that the information and responses provided on this Application Reply are true, accurate and complete. The College may contact any entity or reference listed in this Application Reply. Each entity or reference may make any information available to the College.

I agree to abide by all conditions of this RFQu.:

_________________________________ ________________________ Signature Title

If a corporation renders this RFQu-Application, the corporate seal attested by the secretary shall be affixed below. Any agent signing this RFQu-Application shall attach to this form evidence of legal authority.

Witnesses: If Partnership:

_________________________ ______________________________________ Print name Print Name of General Contractor _________________________

By: ___________________________________ _________________________ (General Partner) Print name _________________________ If Corporation:

_______________________________________ If Individual: Print Name of Corporation

_________________________ By: _____________________________________ Signature (President) _________________________ Attest: __________________________________ Print Name (Secretary)


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Palm Beach State College 4200 Congress Avenue, PS #101 Lake Worth, Florida 33461-4796 561-868-3460 (Fax)

REFERENCE CHECK FORM Applicant Instructions: Fill out top portion only.

(Please print or type)

RFQu Number: 19/20-11 Title: General Contractors PrequalificationsApplicant/Respondent: __________________________________________________________

Reference: _____________________________________________ Fax #: _____________ Email: ____________________________ Telephone #: ___________________________ Person to contact: _______________________________________________________________

Reference Instructions: The above Applicant has given your name to the College as a reference. Please complete the information below.

Describe the scope of work of the contract awarded by your entity. What type of General Contractor services were performed?

What type of agency and what services are provided through your organization?

Did the consultant complete the scope of General Contractor services on time and within the specifications of the project(s)?

What problems, if any were encountered (claims) during the project/contract?

How would you rate the General Contractor on a scale of low (1) to high (10) for the following?

Professionalism _______________ Final Project ______________ Qualifications ________________ Cooperation _______________ Project Budget Control _________ Reliability _________________

Would you contract with this General Contractor again? Yes [] No [] Maybe [] Comments:

Thank you.

Note: All references must be submitted “complete” within the RFQu Application by the submittal deadline.


RFQu 19/20-11 of 62

STATE OF FLORIDA E-VERIFY Utilization

Palm Beach State College RFQu #19/20-11

General Contracting Services

Contract No: __________________________________________________________________

Financial Project No(s): __________________________________________________________

Project Description: _____________________________________________________________

_____________________________________________________________________________

Vendor/Consultant acknowledges and agrees to the following:

Vendor/Consultant:

1. Shall utilize the U.S. Department of Homeland Security’s E-Verify system toverify the employment eligibility of all new employees hired by theVendor/Consultant during the term of the contract; and

2. Shall expressly require any subcontractors performing work or providingservices pursuant to the state contract to likewise utilize the U.S.Department of Homeland Security’s E-Verify system to verify theemployment eligibility of all new employees hired by the subcontractorduring the contract term.

Company/General Contractor: ________________________________________________________________

Authorized Signature: ___________________________________________________________

Title: ________________________________________________________________________

Date: ________________________________________________________________________


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DRUG-FREE WORKPLACE FORM RFQu #19/20-11


The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that ____________________________________________does: (Name of Business)

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be takenagainst employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, andthe penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are under applicationa copy of the statement specified in subsection (1).

4. In the statement specified in subsection (1), notify the employees that, as a condition of working on thecommodities or contractual services that are under application, the employee will abide by the terms of thestatement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violationof Chapter 893 Florida Statutes or of any controlled substance law of the United States or any state, for aviolation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitationprogram if such is available in the employee's community, by any employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this General Contractor complies fully with the above requirements.

________________________________ Applicant’s Signature

________________________________ Date


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CONTRACTOR CODE OF ETHICS

RFQu #19/20-11 General Contracting Services

The Palm Beach State College (“College), through its Procurement Department (“PD”) is committed to a procurement process that fosters fair and open competition, is conducted under the highest ethical standards and enjoys the complete confidence of the public. To achieve these purposes, PBSC requires each Contractor who seeks to do business with the College to subscribe to this Contractor Code of Ethics.

A Contractor’s bid or application will be competitive, consistent and appropriate to the bid documents.

A Contractor will not discuss or consult with other Contractors intending to bid on the same contract or similar College contract for limiting competition. A Contractor will not make any attempt to induce any individual or entity to submit or not submit a bid or application.

Contractor will not disclose the terms of its bids or application, directly or indirectly, to any other competing Contractor prior to the bid or application closing date.

Contractor will completely perform any contract awarded to it at the contracted price pursuant to the terms set forth in the contract.

Contractor will submit timely, accurate and appropriate invoices for goods and/or services performed under the contract.

Contractor will not offer or give any gift, item or service of value, directly or indirectly, to a College employee, College official, employee family member or other vendor contracted by the College.

Contractor will not cause, influence or attempt to cause or influence, any College employee or College Official, which might tend to impair his/her objectivity or independence of judgment; or to use, or attempt to use, his/her official position to secure any unwarranted privileges or advantages for that Contractor or for any other person.

Contractor will disclose to the College any direct or indirect personal interests a College employee or College official holds as it relates to a Contractor contracted by the College.

Contractors must comply with all applicable laws, codes or regulations of the countries, states and localities in which they operate. This includes, but is not limited to, laws and regulations relating to environmental, occupational health and safety, and labor practices. In addition, Contractors must require their suppliers (including temporary labor agencies) to do the same. Contractors must conform their practices to any published standards for their industry. Compliance with laws, regulations and practices include, but are not limited to the following:

o Obtaining and maintaining all required environmental permits. Further, Contractor will endeavor to minimize natural resourceconsumption through conservation, recycling and substitution methods.

o Providing workers with a safe working environment, which includes identifying and evaluating workplace risks and establishingprocesses for which employee can report health and safety incidents, as well as providing adequate safety training.

o Providing workers with an environment free of discrimination, harassment and abuse, which includes establishing a writtenantidiscrimination and anti-bullying/harassment policy, as well as clearly noticed policies pertaining to forced labor, child labor,wage and hours, and freedom of association.

Name of Organization/Applicant_______________________________________

Signature ________________________________________________________

Printed Name and Title _____________________________________________

Date ______________________

DISCLAIMER: This Code of Ethics is intended as a reference and procedural guide to Contractors. The information it contains should not

be interpreted to supersede any law or regulation, nor does it supersede the applicable Contractor contract. In the case of any discrepancies

between it and the law, regulation(s) and/or Contractor contract, the law, regulatory provision(s) and/or Contractor contract shall prevail.


RFQu 19/20-11 of 62

PALM BEACH STATE COLLEGE RFQu #19/20-11


GENERAL CONTRACTOR VERIFICATION FORM

THE FOLLOWING IS TO BE COMPLETED BY APPLICANT:

Name of General Contractor: _____________________________________________________________

Corporate Title: ____________________________________________________________

Address: _________________________________________________________________

_________________________________________________________________ (Zip Code)

By: ______________________________________________________________________ (Print name) (Print title)

______________________________________________ (Authorized Signature)

Telephone: ( ) _______________________________

Fax: ( ) _______________________________

State General Contracting License # _____________________________________ (ATTACH COPY)

County License # (if applicable) _____________________________________ (ATTACH COPY)

Attach All Applicable Sub-Trade Licenses Held


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NON-COLLUSION AFFIDAVIT RFQu#19/20-11


State of ______________________________}

County of ____________________________}

_________________________________________, being first duly sworn, disposes and says that: (Name/s)

1. They are ____________________of ________________________________ the Applicant that (Title) (Name of Company)

has submitted the attached bid/APPLICATION;

2. He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstancesrespecting such Bid/APPLICATION;

3. Such Bid/Application is genuine and is not a collusive or sham Bid/Application;

4. Neither the said Applicant nor any of its officers, partners, owners, agents, representatives, employees or parties ininterest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any otherApplicant, General Contractor or person to submit a collusive or sham Bid in connection with the contract for which theattached bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly orindirectly, sought by agreement or collusion or communication or conference with any other Applicant, General Contractor orperson to fix the price or prices in the attached Application or of any other Applicant, or to secure through any collusion,conspiracy, connivance or unlawful agreement any advantage against the College or any person interested in the appliedContract; and

5. The price or prices quoted (if applicable) in the attached Application are fair and proper and are not tainted by anycollusion, conspiracy, connivance or unlawful agreement on the part of the Applicant or any of its agents, representatives,owners, employees, or parties in interest, including this affiant.

(Signed) ________________________________________

(Title) ________________________________________ STATE OF FLORIDA } COUNTY OF PALM BEACH} SS:

The foregoing instrument was acknowledged before me this______________________________ (Date) by: _______________________________ who is personally known to me or who has produced

______________________________________ as identification and who did (did not) take an oath.

________________________________________________ Notary (print & sign name)

Commission No. _________________________________


RFQu 19/20-11 of 62

CHECKLIST

RFQu #19/20-11 General Contractors – Prequalification Application

This checklist is provided to assist Applicants in the preparation of their application response. Included in this checklist are important requirements that are the responsibility of each Applicant to submit with their response to make their application response fully compliant. This checklist is only a guideline -- it is the responsibility of each Applicant to read and comply with the Request for Qualifications in its entirety.

Documents uploaded in one (1) .pdf file and in order as instructed in Section 8.0 Instructions for Preparation of Applications for RFQU- #19/20-08; Certified Minority Business Certificate (if applicable), Local preference documents (if applicable) W9, current Certificate of Insurance and bond ability document, current License, five (5) reference forms / and completed reference letters, E-Verify Statement, Drug Free and Check list onto Demandstar by the due date and time. Materials shall be organized in the following order:

1. Table of contents.2. Cover letter including name, address, phone number, date of submission, name and number of this solicitation.

(Not to exceed one (1) page.)3. Completed Questionnaire (begins on page 18 of this RFQu).4. Completed Questionnaire Certification (Immediately follows the Questionnaire)5. References: Use the Reference Check Form (on page 21). The form should be sent to your references for

completion. It is your responsibility to return completed forms with your application. See more informationabout your references in the Questionnaire #13. Note: Palm Beach State College “may not” be used as areference if you are currently doing business with the College.

6. Completed State of Florida E Verification Utilization Form (page 22).7. Completed Drug Free Workplace Form (page 23).8. Completed Contractor Code Of Ethics Form (page 24).9. Completed General Contractor Verification Form (page 25) NOTE: Attach copies of all applicable State of

Florida Licenses.10. Completed Non-Collusion Affidavit Form (page 26).11. Submit a current W-9 tax form.12. A notarized letter from an approved State of Florida surety insurer which states your aggregate limit and per

project bonding capacity.13. Comprehensive Financial Statements

Financial Statements: Applicant will provide annual financial statements for the last two (2) calendar years for your organization. Independently audited statements are preferred. Statements should include the company’s assets, liabilities, and net worth. At a minimum, include the Balance Sheet (Statement of Financial Positions), Income Statement (Statement of Operations), Retained Earnings and Cash Flow Statement. The College acknowledges that privately held corporations and other business entities are not required by law to have audited financial statements. In the event the Applicant is a privately held corporation or other business entity whose financial statements are audited; such audited statements shall be provided. If the privately held corporation or other business entity does not have audited financial statements, then un-audited statements or other financial documentation sufficient to provide the same information as is generally contained in an audited statement, and as required above, shall be provided.

All applications are required to be electronic and be contained in one (1) file through demandstar.com. No hard copies will be accepted.


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Appendix A Insurance Requirements of the College

Workers’ Compensation Insurance & Employer’s Liability: The Provider shall agree to maintain Workers' Compensation Insurance & Employers' Liability in accordance with Section 440, Florida Statutes. Employers’ Liability and must include limits of at least $100,000.00 each accident, $100,000.00 each disease/employee, $500,000.00 each disease/maximum. A Waiver of Subrogation endorsement shall be provided. Coverage shall apply on a primary basis. Should scope of work performed by Provider qualify its employee for benefits under Federal Workers’ Compensation Statute (example, U.S. Longshore & Harbor Workers Act or Merchant Marine Act), proof of appropriate Federal Act coverage must be provided.

Commercial General Liability Insurance: The Provider shall agree to maintain Commercial General Liability insurance issued under an Occurrence form basis, including Contractual liability, to cover the hold harmless agreement set forth herein, with limits of not less than:

Each occurrence $1,000,000 Personal/advertising injury $1,000,000 Products/completed operations aggregate $2,000,000 General aggregate $2,000,000 Fire damage $100,000 any 1 fire Medical expense $10,000 any 1 person

Additional Insured: An Additional Insured endorsement must be attached to the certificate of insurance (should be CG2026) under the General Liability policy. Coverage is to be written on an occurrence form basis and shall apply as primary. A per location aggregate limit endorsement should be attached. Defense costs are to be in addition to the limit of liability. A waiver of subrogation shall be provided in favor of the College. Coverage shall extend to independent Provider and fellow employees. Contractual Liability is to be included. Coverage is to include a cross liability or severability of interests’ provision as provided under the standard ISO form separation of insurers clause.

Except as to Workers' Compensation and Employers' Liability, said Certificate(s) and policies shall clearly state that coverage required by the Contract has been endorsed to include Palm Beach State College and Palm Beach State College District Board of Trustees, a college in the State of Florida, its officers, agents and employees as Additional Insured added to its Commercial General Liability policy and Business Auto policy. The name for the Additional Insured endorsement issued by the insurer shall read "Palm Beach State College and Palm Beach State College District Board of Trustees, a public college in the State of Florida, its officers, employees and agents and shall be listed as additionally insured.”. The Policy shall be specifically endorsed to provide thirty (30) day written notice to the College prior to any adverse changes, cancellation, or non-renewal of coverage thereunder. In the event that the statutory liability of the College is amended during the term of this Contract to exceed the above limits, the Provider shall be required, upon thirty (30) days written notice by the College, to provide coverage at least equal to the amended statutory limit of liability of the College. Copies of the Additional Insured endorsements shall be attached to the Certificate of Insurance. All contractors, subcontractor, and independent contractors utilized in this project shall furnish a Certificate of Insurance to the College in accordance with the same requirements set forth herein.

Automobile Liability Insurance: The Provider shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000.00 each accident covering any auto, owned, non-owned and hired automobiles. In the event, the Provider does not own any automobiles; the Business Auto Liability requirement shall be amended allowing Provider to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto Coverage form. Certificate holder must be listed as additional insured. A waiver of subrogation shall be provided. Coverage shall apply on a primary basis.


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Professional Liability: Provider shall ensure the consultant(s) maintain, throughout the term of this Agreement, Professional Liability Insurance, covering acts and omissions of the consultant(s), in the minimum annual coverage limit of liability not less than $2,000,000 claim and $2,000,000 aggregate, with an insurance company reasonable satisfactory to the College. Provider will require the consultant(s) to notify Provider immediately in the event he or she does not have the required coverage and will promptly remove and replace such consultant(s) with another qualified consultant(s). Provider shall provide College proof of all such Professional Liability Insurance covering consultant(s). Before Agreement execution, Provider shall provide College proof of all such Professional Liability Insurance, including Liability Insurance Provider maintains on its own behalf. All costs associated with maintaining Liability Insurance, shall be borne by Provider of the professional services. When a self-insured retention (SIR) or deductible exceeds $10,000 the College reserves the right, but not the obligation, to review and request a copy of the Provider’s most recent annual report or audited financial statement. For policies written on a “Claims-Made” basis, the Provider warrants the retroactive date equals or precedes the effective date of this Contract. In the event the policy is canceled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this Contract, Provider shall agree to purchase a SERP with a minimum reporting period not less than five (5) years. If policy contains an exclusion for dishonest or criminal acts, defense coverage for the same shall be provided.

Pollution Liability: If the Provider utilizes a medical waste disposal company, Provider shall ensure the contractor maintains Pollution Liability Insurance for Environmental Waste Disposal and Transportation, in limits not less than $1,000,000 per occurrence, $2,000,000 aggregate. The college must be listed as an additional insured. A waiver of subrogation shall be provided in favor of the College. Coverage shall apply on a primary basis.

Cyber Liability: Provider shall agree to maintain Cyber Liability in limits not less $1,000,000 Per Occurrence for direct loss, legal liability and consequential loss resulting from cyber security breaches. Coverage to include coverage for Privacy & Security Liability, Security Breach Response / Customer Breach Notice Expense, Cyber Extortion and Electronic Media Liability. Palm Beach State College and Palm Beach State College District Board of Trustee must be listed as an additional insured. A waiver of subrogation shall be provided in favor of the College. Coverage shall apply on a primary basis.

Waiver of Subrogation: The Provider shall agree by entering into this Contract to a Waiver of Subrogation for each required policy. When required by the insurer or should a policy condition not permit an Insured to enter into a pre-loss Contract to waive subrogation without an endorsement then Provider shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy where a condition to the policy specifically prohibits such an endorsement, or voids coverage should Provider enter into such a Contract on a pre-loss basis.

Deductibles: All deductible amounts shall be paid for and be the responsibility of the Provider for any and all claims under this Contract. Where an SIR or deductible exceeds $5,000, the College reserves the right, but not obligation, to review and request a copy of the bidder’s most recent annual report or audited financial statement. It shall be the responsibility of the Provider to ensure that all contractors, independent contractors, and subcontractors comply with the same insurance requirements referenced above.

The Provider may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, Professional Liability or Employers’ Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, Professional Liability, or Employers’ Liability. When required by the insurer, or when Umbrella or Excess Liability is written on Non-Follow Form," the College shall be endorsed as an "Additional Insured."


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Appendix B PBSC – PALM BEACH STATE COLLEGE

GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS ARTICLE 1 CONTRACT DOCUMENTS 1.1 DEFINITIONS 1.1.1 The Contract Documents consist of the Owner-General Contractor Agreement, these General Conditions for Construction Contracts (“GCCC”), the applicable solicitation and the Service Provider’s response thereto (including all addenda corrections, answers, clarifications, amendments or official statements or responses issued by the appropriate College Department), the Drawings, the Specifications, and all Addenda issued prior to and all Modifications issued after execution of the Contract. A Modification is (1) a written agreement to the Contract signed by both parties, (2) a Change Order signed by both parties, (3) a written interpretation issued by the Architect pursuant to the terms contained herein (4) a written order for a minor change in the Work issued by the Architect pursuant to the terms contained herein, providing it does not change the intent or scope of the project or result in a loss in the integrity of the facility for its intended use. Contract Documents shall also include all items listed in 7.10. These items must be provided by the Service Provider and approved by the Owner prior to execution of the contract. 1.1.2 The Contract Documents form the Construction Contract. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements either written or oral. The contract may be amended or modified only by a Modification as defined in Subparagraph 1.1.1. Nothing contained herein shall create any contractual relationship of any kind between the Architect and the General Contractor nor the Owner or any subcontractor or sub- subcontractor of any Service Provider or third-party beneficiaries exist or are created as a result of any contract between the Owner and any Service Provider. 1.1.3 The term "Work" comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction and all materials and equipment incorporated or to be incorporated in such construction. 1.1.4 The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 By executing the contract or agreement to provide a construction related service to the Owner, the Service Provider acknowledges that they have read and agreed to be bound by the terms and conditions in this GCCC. 1.2.2 By executing the applicable Service Provider Agreement, the Service Provider, the PBSC General Conditions for Construction Contracts_Feb2018 General Contractor represents that it has visited the site, familiarized themselves with the local conditions under which the Work is to be performed and correlated their observations with the requirements of the Contract Documents. 1.2.2.1 The Service Provider also acknowledges they have familiarized themselves with all pertinent local conditions including but not limited to the local labor market, utilities and other governmental regulations relating to the job site.


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1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. Contract Documents are complimentary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract documents will not be required unless it is consistent and reasonably inferable by the Work. Words and abbreviations which have well-known, technical or trade meanings may be used in the Contract Documents in accordance with such recognized meanings. Service Provider is responsible for interpreting the Contract Documents consistent with the regulation’s recognized meaning. 1.2.4 The organization of the Specifications into divisions, sections and articles, and the arrangement of Drawings shall not control the Service Provider in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.3 OWNERSHIP, USE OF DOCUMENTS, AND COPIES FURNISHED 1.3.1 Drawings, Specifications and any and all other documents and instruments prepared by the Architect shall, upon receipt and approval by the Owner, become and remain the property of the Owner whether the Project for which they are made is executed or not. ARTICLE 2 ARCHITECT 2.1 DEFINITION 2.1.1 The Architect is the person, profession or association or whatever other legal entity lawfully licensed to practice architecture in the State of Florida at the location of the project, including, his or her authorized representatives. 2.2 ADMINISTRATION OF THE CONTRACT 2.2.1 The Architect will provide administration of the Work including performance of the functions as hereinafter described. 2.2.2 The Architect will be a representative of the Owner during construction and shall advise and consult with the Owner as appropriate. Instructions to the General Contractor shall be forwarded through the Architect. The Architect will have authority and obligation, to act on behalf of the Owner to the extent authorized in the Contract Documents unless PBSC General Conditions for Construction Contracts_Feb2018 otherwise modified by written instrument in accordance with Paragraph 2.2.14. At the time this Agreement is executed, the Architect will designate in writing to the Owner the name of one employee or principal of the Architect who is authorized to act, and who will act, as the Architect's representative with respect to any and all communications by and between the Architect and the Owner. The Architect is required to maintain a file of all written communications by and between the Architect and the General Contractor, and all other documents and things in possession or control of the Architect which in any manner relate to the Project or Work. Architect is required to provide this information to the Owner upon request. 2.2.3 The Architect will inspect the site as necessary to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. The Architect will keep the Owner informed of the progress and quality of the Work, and will guard the Owner against defects and deficiencies in the Work of the General Contractor. 2.2.4 The Architect will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures or for safety precautions or programs of the General Contractor. 2.2.5 The Architect will at all times have access to the Work wherever it is in preparation and progress. The General Contractor shall provide facilities for such access so that the Architect may perform his function under the Contract Documents. 2.2.6 Before issuance of the initial Certificate for Payment, the Architect will have reviewed and approved for reasonableness the General Contractor’s Schedule of Values.


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The Architect will determine the amounts owing to the General Contractor based on site inspections and evaluations of the General Contractor’s Applications for Payment, and the quality, quantity and timeliness of General Contractor’s performance as measured against the approved Schedule of Values. The Architect should consider any other relevant facts or circumstances known to the Architect, and shall approve Certificates for Payment in the appropriate pro rata amounts, based on the Contract Documents. 2.2.7 The Architect will be the interpreter of the performance requirements of the Contract Documents and the judge of the performance thereunder by the General Contractor. The Architect will render all written or graphic interpretations necessary for the proper execution or progress of the Work with reasonable promptness upon receipt of written request from either the Owner or the General Contractor. The Architect will also render written decisions, within a reasonable time, on all claims, disputes and other matters in question between the Owner and the General Contractor relating to the execution or progress of the Project or Work. 2.2.8 The Architect's decisions in matters relating to artistic effect will be final when prior approval has been received from the Owner. 2.2.9 The Architect will have authority to reject Work which does not conform to the PBSC General Conditions for Construction Contracts_Feb2018 Contract Documents. The Architect will have the further authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work has already been fabricated, installed, or completed. 2.2.10 The Architect will review and approve or take other appropriate action upon the General Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for conformance with design concept of the Work and with the information given in the Contract Documents. Such action will be taken with reasonable promptness so as to cause no delay. The Architect's approval of a specific item shall not indicate approval of the assembly of which the item is a component, and approval of submittals shall in no manner whatsoever relieve or release the General Contractor from its duty to fully perform all requirements of the Contract Documents in compliance with the terms and conditions of same. 2.2.11 The Architect will prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents, and, with the Owner's approval, will have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time. 2.2.12 The Architect will conduct inspections to determine the date of Substantial Completion, will receive and forward to the Owner for the Owner's review releases of lien, written guarantees and warranties, instructional operational manuals, and related documents required by the Contract and assembled by the General Contractor, and will complete the Architect's Section of State Department of Education Form OEF110, Request For Occupancy Inspection, requesting a final inspection and approval by representatives of the State Department of Education and will issue a Certificate of Final Inspection and a final Certificate for Payment upon verifying General Contractor’s compliance with requirements of Paragraph 9.8. 2.2.13 If the Owner and Architect agree, the Architect will provide one or more Project Representatives to assist the Architect in carrying out his responsibilities at the site. The duties, responsibilities and limitations of authority of any such Project Representative must be in writing and incorporated in the Service Provider’s contract. 2.2.14 The duties, responsibilities and limitations of authority of the Architect as the Owner's representative during construction as set forth in the Contract Documents will not be modified or extended without written consent of the Owner and Architect with notice of


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any change to the General Contractor. 2.2.15 In case of the termination of the employment of the Architect, the Owner shall appoint an Architect whose status under the Contract Documents shall be that of the former Architect. ARTICLE 3 PBSC General Conditions for Construction Contracts_Feb2018 OWNER 3.1 DEFINITION 3.1.1 The Owner is the District Board of Trustees of Palm Beach State College identified as such in the Owner-General Contractor Agreement and the Owner Architect Agreement. The term Owner as used herein means the District Board of Trustees or its authorized representatives. 3.2 INFORMATION AND SERVICES PROVIDED BY THE OWNER 3.2.1 The Owner shall furnish all surveys describing the physical characteristics, legal limitations and utility locations for the site of the Project and a legal description of the site. 3.2.2 Except as provided in Subparagraph 4.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 3.2.3 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Work. 3.2.4 Unless otherwise provided in the Contract Documents, the General Contractor will be furnished, free of charge, two (2) Owner-stamped, complete Permit Sets of Drawings & Specifications, plus one (1) electronic.pdf file of the same documents for the execution of the Work. Additional sets as may be reasonably required will be furnished at the cost of reproduction as a reimbursable expense. 3.2.5 Except in the event of an emergency, the Owner shall issue and forward all instructions to the General Contractor through the Architect. 3.2.6 The foregoing are in addition to other reasonable duties and responsibilities of the Owner as enumerated in the Contract Documents. 3.3 OWNER'S RIGHT TO STOP THE WORK 3.3.1 If the General Contractor fails to correct defective work as required in Paragraph 13.2 or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner by a written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the General Contractor to stop the Work or any portion thereof until the cause for such order has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right to the benefit of the General Contractor or any other person or entity. 3.4 OWNER'S RIGHT TO CARRY OUT THE WORK PBSC General Conditions for Construction Contracts_Feb2018 3.4.1 If the General Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) days after receipt of written notice from the Owner to commence and continue corrections of such default or neglect with diligence and promptness, the Owner may make good such deficiencies and charge General Contractor accordingly. In such case an appropriate Change Order shall be issued deducting from the payments then and thereafter due the General Contractor the cost for correcting such deficiencies, including compensation for the Architect's additional services made necessary by such default, neglect or failure. If payments then or thereafter due the General Contractor are not sufficient to cover such amount, the General Contractor shall pay the difference to the Owner. 3.5 INSPECTIONS 3.5.1 The Owner will designate a certified Building Code Inspector for the Project. The


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Architect is not released from his responsibility for inspections. 3.5.2 INSPECTION PROCEDURES 3.5.2.1 All Work shall be of the highest quality and substandard work will not be accepted. 3.5.2.2 No Work shall be concealed or rendered inaccessible until it has been inspected and approved by the inspectors. 3.5.2.3 It shall be the responsibility of the General Contractor to receive confirmation from the inspector one full working day prior to the date of the requested inspection. 3.5.2.4 The General Contractor shall give exact location, trade involved and specified date and time for inspection. 3.5.2.5 The General Contractor shall have supervisors representing the trades present and all necessary test equipment, ladders, gauges, etc. available for the inspector at the prescribed time for inspection. 3.5.2.6 The inspector shall indicate in his log and notify the General Contractor’s superintendent whether the Work has been accepted or rejected. It shall be the responsibility of the General Contractor’s superintendent to have non-conforming or rejected work corrected and to ensure that a successful reinspection by the inspector is made. 3.5.2.7 Work that has been concealed or rendered inaccessible without acceptance by the inspector shall be uncovered by the General Contractor at no expense to the Owner. 3.5.3 The General Contractor shall cause all required final inspections, acceptances, safety check-outs, performance tests, etc. to be made in the presence of the inspectors to ensure that the Work has been installed in accordance with the Contract Documents. The General Contractor shall provide all instruments, special apparatus, personnel and experts PBSC General Conditions for Construction Contracts_Feb2018 to make all necessary and required tests. 3.5.4 Approval or acceptance of Work by the inspectors shall not relieve the General Contractor of liabilities and responsibilities for Work not conforming to the Contract Documents. 3.5.5 Payment shall not be made for Work that has not been approved by the inspectors. 3.5.6 No payment on Change Order Work shall be made until said Work has complied with all requirements and inspections set forth in the Contract Documents. 3.5.7 Final Inspection shall be set up through the Architect, with the Owner, at least four (4) working days in advance to ensure that all necessary personnel can be made available. The Architect shall determine if the project is ready for Final Inspection. 3.6 DECLARATION OF DEFAULT 3.6.1 The failure of the General Contractor to supply enough properly skilled workmen or materials or to make prompt payment to Subcontractors or for materials or labor, or to obey laws, ordinances, rules, regulations or orders of public agencies having jurisdiction, or to comply with the Contract Documents, shall be sufficient grounds for the Architect to find the General Contractor in substantial default and to certify to the Owner that sufficient cause exists to terminate the Contract and to withhold payment or any part thereof until the cause or causes giving rise to the finding of default has been eliminated by the General Contractor and approved by the Architect and Owner. If a finding of default is made, the General Contractor shall remain responsible for performance of the requirements of the Contract Documents unless and until the Owner terminates the Contract. Upon a finding of default, a reasonable time shall be set within which the General Contractor shall eliminate the cause or causes of default. When the basis for a finding of default no longer exists, the Architect shall notify the General Contractor and Owner in writing that the default has been corrected and that the General Contractor is no longer in default. If the General Contractor fails to correct the default within the time allowed, the Owner may terminate the Contract and the employment of the General Contractor pursuant to Paragraph 14.2.


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ARTICLE 4 GENERAL CONTRACTOR 4.1 DEFINITION 4.1.1 The General Contractor is the person or entity so identified, licensed and insured to perform the services of a general contractor in the State of Florida at the location of the project. 4.2 REVIEW OF CONTRACT DOCUMENTS PBSC General Conditions for Construction Contracts_Feb2018 4.2.1 The General Contractor shall carefully study and compare the Contract Documents and shall at once report to the Architect any error, inconsistency or omission discovered. The Owner shall not be liable to the General Contractor for any damage resulting from any such errors, inconsistencies or omissions which are observed by the General Contractor or which upon reasonable examination of the Contract Documents should have been observed by the General Contractor. The General Contractor shall perform no portion of the Work at any time without fully executed Contract Documents or, where required, approved Shop Drawings, Product Data or Sample for such portion of the Work. 4.2.2 If the General Contractor observes that any of the Contract Documents are in variance with applicable laws, statutes or building codes in any respect, he shall promptly notify the Architect in writing and any necessary changes shall be accomplished by appropriate Modification. 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES 4.3.1 The General Contractor shall at all times supervise and direct the Work, using his best skill and attention. He shall be solely responsible for all construction means, methods, technique, sequences and procedures and for coordinating all portions of the Work under the Contract. 4.3.2 The General Contractor shall be responsible at all times to the Owner for the acts and omissions of his employees, Subcontractors and their agents and employees and any other persons performing any of the Work under a contract with the General Contractor. 4.4 LABOR AND MATERIALS 4.4.1 Unless otherwise provided in the Contract Documents, the General Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 4.4.1.1 The General Contractor shall provide, in addition to supervision and layout, a written statement setting forth the portion of the Work he shall provide. Once approved, no changes shall be made to this written statement without prior written approval of the Owner. 4.4.2 General Contractor shall at all times enforce strict discipline and good order among his employees and sub-contractors and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. 4.5 WARRANTY 4.5.1 The General Contractor unconditionally warrants and guarantees to the Owner and the Architect that all materials and equipment furnished and incorporated under this PBSC General Conditions for Construction Contracts_Feb2018 Contract will be new unless otherwise specified and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements including substitutions not properly approved by the Architect and the Owner and authorized may be considered defective. If required by the Architect or the Owner, the General Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment being used.


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The warranty provided in this paragraph 4.5 shall be in addition to and not in limitation of any other warranty or remedy required by law or by the Contract Documents and is not limited to provisions of paragraph 13.2. 4.6 TAXES 4.6.1 The General Contractor shall pay all sales, consumer, use and other similar taxes required by law. 4.6.2 The Owner is a tax-exempt entity and encourages the purchase within the construction contract of significant materials for which a sales tax may be saved and credited back to the Owner as a deductive change order at contract completion. 4.6.3 The General Contractor shall provide an estimate of sales tax savings within his initial GMP Construction Cost Estimate for review and approval by the Owner prior to execution of the final construction contract. 4.6.4 The General Contractor shall work diligently with the Owner’s Purchasing & Procurement Department on the Direct Owner Purchase program for each contract. 4.7 PERMITS, FEES AND NOTICES 4.7.1 All construction projects shall be permitted, pursuant to Florida Statutes, Sections 553.79 & 553.80. The Owner is the enforcing agency for construction, as a self-permitting authority, and will issue a general building permit for the project. At this time, there is no fee adopted by the enforcing agency and the Owner permit will be issued at no cost to the General Contractor. The General Contractor shall secure and pay for all other necessary permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. 4.7.2 The General Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations and lawful orders of any public authority bearing on the performance of the Work. The General Contractor shall also comply with all provisions of SREF- 2014, State Requirements for Educational Facilities or latest adopted edition, Florida Administrative Code, which the Owner must comply with and enforce. 4.7.3 If the General Contractor performs any Work knowing it is to be contrary to such laws, ordinances, rules and regulations and without such notice to the Architect, he shall PBSC General Conditions for Construction Contracts_Feb2018 assume full responsibility therefore and shall bear all costs attributable thereto including but not limited to the provisions of SREF-2014 or latest adopted edition, Florida Administrative Code. 4.8 ALLOWANCES 4.8.1 General Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by these allowances shall be supplied for such amounts and by such persons as the Owner may direct, but the General Contractor will not be required to employ persons against whom he makes a reasonable objection. 4.8.2 Unless otherwise provided in the Contract Documents: 4.8.2.1 These allowances shall cover the costs to the General Contractor, less any applicable trade discount, of materials and equipment required by the allowance delivered at the site, and all applicable taxes; 4.8.2.2 The General Contractor’s cost for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contract Sum and not in the allowance; 4.8.2.3 Whenever the cost is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order, the amount of which will recognize changes, if any, in handling costs on the site, labor, installation cost, overhead, profit and other expenses. 4.9 SUPERINTENDENT


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4.9.1 The superintendent shall represent the General Contractor and shall by the General Contractor’s authorized agent and all communications given to the superintendent shall be as binding as if given to the General Contractor. On request of the Owner, communications from the superintendent to the Owner shall be confirmed in writing by the General Contractor. 4.9.1.1 The superintendent and necessary assistants shall be approved by and remain acceptable to the Owner and shall not be changed without the consent of the Owner unless the superintendent or assistant is no longer employed by the General Contractor. The General Contractor will also provide to the Owner resumes for each superintendent and necessary assistants employed by him on the Project. 4.9.1.2 The superintendent and necessary assistants shall be in continuous attendance each working day at the Project and until all Work including the final punch list has been completed. 4.9.1.3 For non-compliance with Subparagraph 4.9.1.2, the Owner may take a credit in an amount equal to the daily pay rate of the absent personnel. PBSC General Conditions for Construction Contracts_Feb2018 4.10 PROGRESS SCHEDULE 4.10.1 The progress schedule shall use Critical Path Method (CPM) or the Program Evaluation Review Technique (PERT) unless another method or technique is specified or previously approved by the Owner. 4.10.2 This progress schedule shall be submitted in a form approved by the Owner and shall indicate the date for the starting and completion of each subdivision of the Work. 4.10.3 The General Contractor shall submit to the Owner and Architect, with each Application for Payment, a copy of the approved progress schedule marked to show the percentage completed for each subdivision of the Work. The monthly submission shall also state the estimated total number of days ahead of or behind the Contract Completion Date. Should the General Contractor fail to meet the approved schedule, documentation acceptable to the Owner and Architect shall be required of the General Contractor to show just cause for the delays. Failure to comply with this subparagraph shall be sufficient grounds for the Owner or Architect to find the General Contractor in substantial default and certify that sufficient cause exists to terminate the Contract or to withhold payment to the General Contractor until an updated progress schedule acceptable to the Owner and Architect is submitted. Such failure shall not be cause for additional time. 4.11 DOCUMENTS AND SAMPLES AT THE SITE 4.11.1 General Contractor shall maintain at the site for the Owner, two record copies of all Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record all changes made during construction. The General Contractor is also required to maintain all approved Shop Drawings, Product Data and Samples. These shall be readily available to the Architect and Owner and shall be delivered to the Architect and shall become "as-built" documents for the Owner upon completion of the Work. 4.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 4.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the General Contractor or any Sub-contractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. 4.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the General Contractor to illustrate a material, product or system for some portion of the Work. 4.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 4.12.4 The General Contractor shall review, approve and submit to the Architect and the


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PBSC General Conditions for Construction Contracts_Feb2018 Owner’s Building Department with reasonable promptness and in such orderly sequence as to cause no delay in the Work or in the Work of the Owner or any separate contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. 4.12.4.1 At the time of submission, the General Contractor shall inform the Architect and Owner’s Building Department in writing if the Shop Drawings, Product Data, or Samples deviate from the requirements of the Contract Documents. The General Contractor shall submit electronic pdf files to the Architect and the Owner’s Building Department for approval. Upon approval of the electronic submittals by the Architect and the Owner’s Building Department, the General Contractor shall supply revised electronic pdf files, plus five (5) corrected hard copies to the Architect for record copies. All submittals shall be accompanied by a transmittal letter identifying all attachments. Shop drawings and samples shall be properly identified as specified, or as the Architect may require. At the time of submission the General Contractor shall inform the Architect in writing of any deviation in the Shop Drawing or Samples from the requirements of the contract documents. 4.12.5 By approving and submitting Shop Drawings, Product Data and Samples the General Contractor represents that he has determined and verified all materials, field measurements, and field construction criteria related thereto, and that he has checked and coordinated the information contained within such submittals with the requirements of the Work and the Contract Documents. 4.12.6 The General Contractor shall not be relieved from responsibility for errors or omission in the Shop Drawings, Product Data or Samples by the Architect's approval thereof. 4.12.7 The General Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings. Product Data or Samples to revisions other than those requested by the Architect on previous submittals. 4.12.8 No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be commenced until the submittal has been approved by the Architect as required by the Contract Documents. All such portions of the Work shall be in accordance with Architect approved submittals. 4.12.9 The Architect will review and accept Shop Drawings and Samples with reasonable promptness, so as to cause no delay, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Concurrently, all submittals shall be reviewed and commented upon by the Owner’s Building Department, and transmitted to the Architect for final documentation and distribution. The Architect's acceptance of a separate item shall not indicate acceptance of an assembly in which the item functions. 4.12.10 The Architect's acceptance of Shop Drawings or Samples shall not relieve the General Contractor of responsibility for any deviation from the requirements of the Contract PBSC General Conditions for Construction Contracts_Feb2018 Documents unless the General Contractor has informed the Architect in writing of such deviation at time of submission and the Architect has given written acceptance to the specific deviation, nor shall the Architect's acceptance relieve the General Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. 4.13 USE OF THE SITE 4.13.1 The General Contractor shall confine operations at the site to areas permitted by law, ordinance, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. 4.14 CUTTING AND PATCHING OF WORK 4.14.1 The General Contractor shall be responsible for all cutting, fitting or patching that


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may be required to complete the Work or to make its several parts fit together properly. 4.14.2 The General Contractor shall not damage or endanger any portion of the Work or the work of the Owner or any separate General Contractors by cutting, patching or otherwise altering any work, or by excavation. The General Contractor shall not cut or otherwise alter the Work of the owner or any separate General Contractor except with the written consent of the owner and of such separate General Contractor. The General Contractor shall not unreasonably withhold from the owner or any separate contractor his consent to cutting or otherwise altering the Work. 4.15 CLEANING UP 4.15.1 The General Contractor at all times shall keep the Project and surrounding areas free from accumulation waste materials or rubbish caused by his operations. At the completion of the Work, he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and have the Work "broom clean" or its equivalent, except as otherwise specified. No items listed above are to be buried on the construction site or premises of owner. 4.15.2 If the General Contractor fails to clean the project and the project site to the satisfaction of the Architect and Owner, the Owner may do so and the cost thereof shall be charged to the General Contractor. 4.15.3 Prior to the beginning of construction, the Owner will determine what portion of the salvage resulting from clearing, grubbing, grading, draining, remodeling or altering any existing facilities on the site that will be the property of the Owner. This material shall be piled or stocked on the site. 4.16 COMMUNICATIONS 4.16.1 The General Contractor shall forward all communications to the Owner through the Architect. PBSC General Conditions for Construction Contracts_Feb2018 4.17 ROYALTIES AND PATENTS 4.17.1 The General Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss of account thereof, except that the Owner shall be responsible for all such losses when a particular design, process or the product of a particular manufacturer or manufacturers is specified, but if the General Contractor has a reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Architect. 4.18 INDEMNIFICATION 4.18.1 The General Contractor shall indemnify and hold harmless the Owner and the Architect and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees for any claim, damage, loss or expense 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 which was caused in whole or in part by any negligent act or omission of the General 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. 4.18.2 The General Contractor further indemnifies and holds harmless the Owner or the Architect or any of their agents or employees from any claim or cause of action brought, filed or pursued by any employee of the General Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone from whose act any of them may be liable. 4.18.3 The obligations of the General Contractor under this Paragraph 4.18 shall not


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extend to a liability of the Architect, his agent or employees arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications or (2) the giving of or failure to give directions or instructions by the Architect, his agents or employees providing such giving or failure to give is the primary cause of the injury or damage. 4.18.4 The General Contractor’s Liability Policy shall provide a "Hold Harmless" rider to cover the provision of Paragraph 4.18 and this shall be so noted on the General Contractor’s Certificate of Insurance. The General Contractor hereby acknowledges receipt of ten dollars and other good and valuable consideration from the Owner in exchange for giving the Owner and the Architect, respectively, the indemnification provided above in accord with Article 4.18 of the General Conditions which form a part of the Contract Documents. 4.19 APPRENTICESHIP PROGRAMS PBSC General Conditions for Construction Contracts_Feb2018 4.19.1 All General Contractors must work in accordance with Section 446.101, Florida Statutes, the Public Works Compliance Act. 4.20 COMPLETENESS OF BID 4.20.1 The General Contractor is to assume that the Contract is complete as to all necessary parts and shall bid accordingly. The General Contractor shall supply and install all necessary devices and equipment to ensure a safe and workable system. Omissions from the plans and specifications of any equipment, device, etc. required by applicable codes and standards shall not relieve the General Contractor of any responsibility to furnish and install same at no cost to the Owner. Should any omission be discovered in the plans it must be in writing and brought to the attention of the Owner and Architect prior to the opening of bids. 4.21 EXISTING UNDERGROUND LINES 4.21.1 The General Contractor shall take particular care to note and locate all existing lines in the area of work and shall not disturb these lines unless directed otherwise by the Architect. All costs for repairs of damage to existing lines are to be borne by the General Contractor. 4.22 DAMAGE TO OTHER WORK 4.22.1 The General Contractor shall be responsible for and shall be required to repair at his expense damage to the Owner's property caused by him. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITION 5.1.1 A Subcontractor is a person or an entity who has a direct contract with the General Contractor to perform a portion of the General Contractor’s work. The term Subcontractor does not include any separate General Contractor or its respective subcontractors. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Subcontractor’s work. 5.1.3 Nothing contained in the Contract Documents shall create third party beneficiaries of or any contractual relationship between the Owner and any Subcontractor or Sub-subcontractor. 5.1.4 All Subcontractors and Sub-subcontractors shall be licensed and insured to work at the location of the Work and must have all a Certificates of Competency for those trades PBSC General Conditions for Construction Contracts_Feb2018 which require such certificates. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise required by the Contract Documents or the Bidding Documents the General Contractor at the bid opening shall furnish to the Owner and Architect Form


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00420, a written list of the major Subcontractors; Site Utilities, Structural Concrete, Masonry, Structural Steel & Steel Joists, Plumbing, HVAC, Electrical and Roofing, who he proposes to use on this work. Within 24 hours of the opening of the bid, the apparent low bidder will submit Form 00430, to the Owner and Architect his full and complete list of Subcontractors or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principle portions of the work. The Architect will provide reasonable notice to the General Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any Subcontractor or entity. 5.2.2 The General Contractor shall not contract with any such proposed person or entity to whom the Owner or the Architect has made reasonable objection. The General Contractor shall not be required to contract with anyone to whom he has a reasonable objection. 5.2.3 If the Owner or the Architect has reasonable objection to any such proposed person or entity, the General Contractor shall submit a substitute to whom the Owner and the Architect have no reasonable objection. 5.2.4 The General Contractor shall make no substitution for any Subcontractor, person or entity previously selected without Owner's and Architect's prior approval. "Bid shopping" or negotiating prices with other subcontractors after bids have been opened and prior to the bid award is prohibited and may be cause for rejecting the General Contractor’s bid. The request for a subcontractor substitution must be in writing to the architect and must be accompanied by a letter from the subcontractor stating the specific reason and justification for withdrawing from the project. The Owner will consider only substantive reasons and justifications beyond the subcontractor’s control. General Contractor may be required to honor the Sub-Contractor’s bid price. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By an appropriate written agreement, the General Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the General Contractor by the terms of the Contract Documents and to assume toward the General Contractor all the obligations and responsibilities which the General Contractor, by these Documents, assumes toward the Owner and the Architect. Said agreement shall preserve and protect the rights of the Owner and the Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor. Where appropriate, the General Contractor shall require each Subcontractor to enter into PBSC General Conditions for Construction Contracts_Feb2018 similar agreements with his Sub-subcontractors. The General Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to his Sub-subcontractors. The General Contractor shall not act as a conduit for claims by Subcontractors against the Owner, and any provision in any contract between the General Contractor and any Subcontractor pursuant to which the General Contractor agrees to present to the Owner any claim or benefit of any Subcontractor shall be invalid. Furthermore, General Contractor shall furnish Owner, upon Owner's request, copies of all Subcontracts and supplier agreements entered into by General Contractor with respect to the Project. 5.4 PAYMENTS TO SUBCONTRACTORS MATERIALMEN or SUPPLIERS 5.4.1 The General Contractor shall pay each subcontractor, materialmen or supplier upon receipt of payment from the Owner, an amount equal to the percentage of completion of such Subcontractor's Work approved by the Owner or Architect. The General Contractor shall also require each Subcontractor to make similar payments to his subcontractors, materialmen or suppliers.


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5.4.2 The risk that contractor isn't paid for work the subcontractor claims was provided is to be born by the subcontractor no matter the reason or cause. 5.4.3 The General Contractor shall pay each Subcontractor a just share of any insurance moneys received by the General Contractor under Article 11, and he shall require such Subcontractor to make similar payments to his sub-subcontractors. 5.4.4 The Architect may, on request and at his discretion, furnish to any subcontractor, if practicable, information regarding percentages of completion certified to the General Contractor on account of Work done by such Subcontractors. 5.4.5 Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any moneys to any Subcontractor except as may otherwise be required by law. ARTICLE 6 WORK BY OWNER OR BY SEPARATE GENERAL CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform Work related to the Project but outside of the scope of the work of the GC with his own forces, and to award separate contracts in connection with other portions of the Project or other work on the site under these or similar Conditions of the Contract. If the General Contractor claims that delay or additional costs are involved because of such actions by the Owner, he shall make such claims as provided elsewhere in the Contract Documents. PBSC General Conditions for Construction Contracts_Feb2018 6.1.2 When separate contracts are awarded for different portions of the Project or other work on the site the term General Contractor in the Contract Documents in each case shall mean the General Contractor that executes each separate Owner-General Contractor agreement. 6.1.3 The Owner will provide for the coordination of the work of his own forces and of each separate General Contractor with the Work of the General Contractor, who shall cooperate therewith as provided in Paragraph 6.2. 6.1.4 Notwithstanding any other provision of the Contract Documents, should the General Contractor sustain loss or be damaged by act or omission of a separate Contractor, the Owner shall not be liable for any such loss or damage and the General Contractor shall not be entitled to obtain any monetary relief from the Owner to compensate for any such loss or damage, but shall be limited to such recovery as is otherwise available at law from persons and/or entities other than the Owner. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The General Contractor shall afford the Owner and separate General Contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate his Work with theirs as required by the Contract Documents. 6.2.2 If any part of the General Contractor’s Work depends for proper execution or results upon the work of the Owner or any separate General Contractor, the General Contractor shall, prior to proceeding with the Work, promptly report to the Architect in writing any apparent discrepancies or defects in such the other’s work that render it unusable for the General Contractor is to deliver results in compliance with the Contract Documents. Failure of the General Contractor to timely report shall constitute an acceptance of the Owner's or separate General Contractors’ work as fit and proper to be included in the General Contractor’s Work except as to defects which could not have been known or detected by the General Contractor and subsequently become apparent in such work by others. 6.2.3 Any costs caused by defective or ill-timed work shall be borne by the party responsible. These are in addition to liquidated damages.


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6.2.4 Should the General Contractor wrongfully cause damage to the work or property of the Owner or to other work on the site, the General Contractor shall promptly repair or replace the damaged work as determined and agreed to by the Owner. 6.2.5 Should the General Contractor wrongfully cause damage to the Work or property of any separate General Contractor or Owner, the General Contractor shall, upon due notice, promptly attempt to settle with such other party by agreement or otherwise to resolve the dispute. PBSC General Conditions for Construction Contracts_Feb2018 ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 GOVERNING LAW 7.1.1 The Contract shall be governed by the laws of the State of Florida. 7.2 SUCCESSORS AND ASSIGNS 7.2.1 The Owner and the Service Provider each binds themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representative of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. The General Contractor shall not assign the Contract as a whole or in part without the written consent of the Owner, nor shall the General Contractor assign any moneys due or to become due without the prior written consent of the Owner. 7.3 WRITTEN NOTICE 7.3.1 Written notice pursuant to or asserting a claim under the Contract must be in writing, sent by mail or fax. Nothing will be deemed delivered on the date shown on the return receipt of the courier containing the signature of the authorized representative noted herein or upon the date shown on the fax confirmation to said representative’s business or corporate office or headquarters. Copies of all notices served on the Owner shall be delivered in person or sent by certified mail to the Architect. 7.4 CLAIMS FOR DAMAGES 7.5 PERFORMANCE BOND, LABOR BOND AND MATERIAL PAYMENT BOND 7.5.1 When required by the Owner, the General Contractor shall furnish bonds covering the faithful performance of the Contract and the payment of obligations arising thereunder. These shall be submitted on forms provided by the Owner and in amounts not less than the total contract amount. The General Contractor shall deliver the required bonds to the Architect for review and approval prior to the commencement of any work at the site. SREF-2014 requires bonds for all projects exceeding $300,000.00. Projects under $300,000.00 shall be evaluated by the Owner and assessed on a case-by-case basis for bond requirements. 7.5.1.1 All bonds shall be written through a reputable and responsible surety bond agency authorized to do business in the State of Florida which shall be in conformance with appropriate Florida Statutes and shall: 7.5.1.1.1 be rated as "A" or better in management and "10" or better in PBSC General Conditions for Construction Contracts_Feb2018 strength by Best Insurance Guide published by Alfred M. Best Company. 7.5.1.1.3 be subject to approval by the Owner. Surety companies may be rejected by the Owner without cause. 7.5.1.1.4 attach to the bond a certified copy of the authorization for the power-of-attorney to sign said bond. The certificates must state that on the date the bond was executed the power-of-attorney was in full force and effect and the attorney in-fact was a resident in the State of Florida. 7.5.2 No Bid Bonds will be required unless specifically stipulated by the Owner. 7.5.3 If, at any time after the execution of this Contract and the furnishing of a Performance or payment Bond, the Owner deems the surety(ies) unsatisfactory, or if, for


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any reason in Owner's sole judgment such bond ceases to be adequate to cover performance of the Work, the General Contractor shall at his expense, be required to increase the bond amount by furnishing a bond in such form, and with such surety as shall be satisfactory to the Owner. 7.5.4 The Owner shall have the right to reject the bid or annul the award if these requirements are not met. 7.6 RIGHTS AND REMEDIES 7.6.1 The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 7.6.2 No action or failure to act by the Owner, Architect or General Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract or the law, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder except as may be specifically agreed in writing. 7.7 TESTS 7.7.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any portion of the Work to be inspected, tested or approved, the General Contractor shall give the Architect and Owner immediate notice, not less than of the date, time, location and portion of the work to be tested. 7.7.1.1 Inspections, tests, observations or approvals shall not relieve the General Contractor from its obligation to perform the Work in accordance with the Contract Documents. 7.7.2 If the Owner or Architect determines that any Work requires special inspections, testing or approval, the Architect will, upon written authorization from the Owner, instruct PBSC General Conditions for Construction Contracts_Feb2018 the General Contractor to order such special inspection, testing or approval and the General Contractor shall give notice as provided in Subparagraph 7.7.1. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, or the laws, ordinances, rules, regulations, or orders of any public agency having jurisdiction, the General Contractor shall bear all costs thereof including testing, retesting and compensation for the Architect's additional services made necessary by such failure. If the Work passes inspection the Owner will bear the cost of the inspection or test. 7.7.3 Required certificates of inspection, testing or approval shall be secured by the General Contractor and promptly delivered to the Owner and Architect. 7.7.4 If the Architect is to observe the inspection, test or approvals required by the Contract Documents, he will do so promptly, and where practical, at the source of supply. 7.8 ARBITRATION 7.8.1 Nothing arising under the Contract Documents or in connection with the performance of the Work or Project shall be subject to arbitration. Nor shall any attempts at arbitration be binding on the Owner. 7.9 DISTRICT BOARD OF TRUSTEES PALM BEACH STATE COLLEGE MEETINGS 7.9.1 Any item relating to the Work that requires action by the District Board of Trustees such as Change Orders, including Extension of Contract Time, shall be submitted in writing to the Architect at least sixty (60) days prior to a regularly scheduled board meeting in order that it may be placed on the Agenda. 7.10 PRE-AWARD SUBMITTALS AND PRE-CONSTRUCTION MEETING 7.10.1 Pre-Award Submittals: Before the Contract is awarded the apparent awardee shall provide the following information to the Owner. 1. A copy of the General Contractor’s current County and State of Florida


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General Contractor’s License. 2. Three copies of the Owner-General Contractor Agreement executed by theGeneral Contractor and bearing original signatures and seals.7.10.2 Pre-Construction meeting: Within ten (10) business days after the award of thecontract, the General Contractor shall meet with the Owner, Architect and Subcontractorsthat the Owner may designate. This meeting shall be at a location, time and placedesignated by the Owner. The General Contractor shall provide the following to theOwner.PBSC General Conditions for Construction Contracts_Feb20181. The name and resume with qualifications of the superintendent and necessaryassistants, as defined in Subparagraph 4.9.1, whom the General Contractor shalluse on the Project.2. A written list of all Subcontractors, material men and suppliers with suchinformation as requested by the Owner or Architect.3. A written statement indicating the Work to be performed by the GeneralContractor as required.4. A complete progress schedule as required.5. The schedule of values.6. Certificates of Insurance.7. Schedule of Progress Payments (Draws)7.11 CONSTRUCTION WATER7.11.1 On new Projects, the General Contractor shall furnish and pay for all waternecessary for construction of the Project and the testing of all systems. The GeneralContractor shall provide all plumbing required and make all connections, install a meter,take out and pay for all permits necessary, do all piping necessary for construction waterand clear away all evidence of same after the Work is completed. For additions andremodeling, a reasonable amount of water, if available, will be furnished by the Owner butthe necessary plumbing and installation from the source of the water is to be furnished,installed and paid for by the General Contractor and shall be restored to its originalcondition.7.12 TEMPORARY TOILETS7.12.1 The General Contractor shall furnish adequate toilet facilities during constructionfor all workers. These facilities shall be maintained in a clean and sanitary manner.7.13 CONSTRUCTION ELECTRICITY AND LIGHTING7.13.1 The General Contractor shall furnish and pay for light and power necessary andadequate for new construction Projects and the testing of all systems. The GeneralContractor is to make all the necessary arrangements for this service and perform allwork required, including, but not limited to, temporary connections, wiring and devices.On additions, and remodeling, a reasonable amount of electricity will be furnished by theOwner.7.14 USE OF OWNER'S FACILITIESPBSC General Conditions for Construction Contracts_Feb20187.14.1 The Owner's facilities shall not be used by any personnel connected with theProject specified in the Contract Documents, unless otherwise authorized by the Owner inwriting.7.15 REPAIRS7.15.1 The General Contractor shall restore all damage to existing facilities andimprovements occurring during the work to equal or better condition than that whichexisted prior to the damage.7.16 PROGRESS MEETINGS7.16.1 A monthly progress meeting shall be held each month with the Owner, Architect


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and General Contractor until full and final completion to review the previous month’s progress and the project schedule for the following month. The Owner may require weekly or bimonthly progress meetings at the Owner's option. 7.17 FIELD OFFICE 7.17.1 Based upon the size and scope of construction projects, the General Contractor may provide a Contractor’s Field Office. Scope of work, number of subcontractors and project duration will be by the Owner before determining the necessity and location of a Field Office. ARTICLE 8 TIME 8.1 DEFINITION 8.1.1 Unless otherwise provided, the Contract Time is the period of time allotted in the Contract Documents for Substantial Completion of the Work. 8.1.1.1 The Contract time will begin on the date established in the Notice to Proceed issued by the Owner or Architect after the award by the Owner which is the official action taken by the Board of Trustees. 8.1.1.2 Work on the site will not commence until: a. Performance and Payment Bond (If required, refer to 7.5.1)b. Insurance inclusive of the following coverages:Fire 100% of the value of the WorkVandalism 100% of the value of the WorkMalicious Mischief 100% of the value of the WorkExtended Coverage 100% of the value of the WorkWorkmen’s Compensation in compliance with applicable lawPublic Liability InsurancePBSC General Conditions for Construction Contracts_Feb2018(200K/300K Bodily and P.I. and P.D.)

Flood Insurance (if required) in an amount to be determined at thetime of entering the Contract are received and approved by theArchitect and the Owner. The General Contractor shall purchaseand maintain said insurance and the District Board of Trusteesshall be named as an additional insured. Said insurance shall beprimary and shall apply from first dollar of any loss. All of theabove shall be furnished by General Contractor prior to theissuance of the Notice to Proceed. The General Contractor shallcarry the Work forward expeditiously with adequate forces andachieve Substantial Completion within the Contract time. TheContract time contained in each bidder's proposal shall includesuch time as necessary to allow for processing and approval ofthese documents. This required period of time will not beconsidered sufficient cause for an extension of time for thecontract.8.1.1.3 The Final Completion Date of the Project is the date the Board of Trusteesaccepts the project.8.1.2 The Date of Actual Substantial Completion of the Work is the date certified by theArchitect, and agreed to by the Owner, when construction is sufficiently complete inaccordance with the Contract Documents, so the Owner can occupy or utilize the Projectfor its intended purpose. All warranties and guarantees shall begin the next day.8.1.3 The term day as used in the Contract Documents shall mean calendar day unlessotherwise specifically designated.8.2 PROGRESS AND COMPLETION


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8.2.1 All time limits stated in the Contract Documents are of the essence to the Contract. 8.2.2 The General Contractor shall begin the Work on the date of commencement as defined in Subparagraphs 8.1.1.1 and 8.1.1.2 and shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. 8.2.3 General Contractor’s request for Final Inspection to establish a punch list shall mean that all Work is complete and properly installed. If, at this time, the Architect indicates that the job is not ready or is incomplete, the inspection will be canceled and rescheduled. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the General Contractor is delayed at any time in the progress of the Work by neglect of the Owner or the Architect, or by any separate General Contractor employed by the Owner, or by changes ordered in the Work or by labor disputes, fire, or by any PBSC General Conditions for Construction Contracts_Feb2018 other cause which the Architect determines may justify the delay, then the Contract time shall be extended by Change Order for such reasonable time as the Architect may determine. An extension of Contract time will not be given due to weather conditions, unless such weather conditions (wind or rain) for any thirty (30) day period are on the average of for the thirty (30) days more severe than the average for the same thirty (30) day period for the previous ten (10) years and caused a delay. In requesting an extension of time for weather conditions, General Contractor shall present to the Architect for review and approval of the Owner complete records and averages referred to above, and such requests shall document how the weather conditions delayed the progress of the Work. The General Contractor expressly agrees not to make, and hereby waives, any claim for damages on account of any delay, obstruction or hindrance for any cause whatsoever, including, but not limited to, the aforesaid causes, and agrees that its sole right and remedy in the case of any delay, obstruction or hindrance shall be an extension of the Contract Time. 8.3.2 Any claim for extension of time shall be made in writing to the Architect not more than twenty (20) days after the commencement of the delay (including subcontractors); otherwise it shall be waived. In the case of a continuing delay only one claim is necessary. The General Contractor shall provide an estimate of the probably effect of such delays on the progress of the Work. 8.3.3 A claim for extension of time due to delay associated with a request for information or interpretation of the Architect will be allowed unless a time frame is stated or agreed to in the request. If no agreement is made stating the dates upon which interpretations as provided in subparagraph 2.2.8 shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen (15) days after written request is made for them, and not then unless such claim is reasonable. 8.3.4 The District Board of Trustees of Palm Beach State College may grant or deny requests for extensions of time in the exercise of its reasonable judgment after considering recommendations of the Architect and the President or her designee. 8.4 LIQUIDATED DAMAGES 8.4.1 Failure to complete the Project within the time fixed in this Agreement will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is hereby agreed that, if the Project is not substantially completed, according to the definition of "Substantial Completion" in Subparagraph 8.1.2 of the General Conditions, within the time fixed or within such further time, if any, as may be authorized in accordance with the Contract Documents, the General Contractor shall pay to the Owner liquidated damages of, _________________Dollars ($_________), which is not a penalty for each and every calendar day elapsing between the date fixed for Substantial Completion in the Contract


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and the date such Substantial Completion shall have been fully accomplished. If a dollar amount is not stated, the amount in 8.4.3 shall apply. It is also hereby agreed that, if after Substantial Completion this Project is not fully and finally completed in accordance with PBSC General Conditions for Construction Contracts_Feb2018 the requirements of the Contract Documents, the General Contractor shall pay to the Owner as liquidated damages, and not as a penalty, for such delay, one-fourth (1/4) of the rate previously indicated. These liquidated damages is an amount separate and apart from any amount due from the General Contractor to the Owner pursuant to the terms of the Contract Agreement. This provision of liquidated damages for delay shall in no manner affect the Owner's right to terminate the Contract. The Owner's exercise of the right to terminate shall not release the General Contractor from his obligation to pay liquidated damages. It is further agreed that the Owner may deduct from the balance of the Contract Sum held by the Owner the liquidated damages stipulated herein or such portions as said balance will cover. 8.4.2 The General Contractor recognizes and agrees that damages for delay due to failure of the General Contractor to complete the Work in the scheduled completion time are difficult to estimate and/or prove. The General Contractor consents and agrees that it is not necessary for the Owner to prove monetary loss or damages suffered by reason of such delay and agrees that liquidated damages as stated herein would be an appropriate remedy for the Owner and is not a penalty. 8.4.3 The General Contractor agrees to fully do and perform this contract and to provide sufficient labor and schedule receipt of materials to execute and complete the same on or before the date of scheduled completion, and should fail to do so, General Contractor will pay the Owner for each and every day of such delay beyond the date of completion the sums specified below as agreed upon, liquidated damages, and not by way of penalty, in accordance with the schedule shown: CONTRACT SUM LIQUIDATED DAMAGES $0- to $100,000 $150.00 per day $100,001 to $250,000 $200.00 per day $250,001 to $500,000 $300.00 per day $500,001 to $1,000,000 $400.00 per day $1,000,001 to $2,500,000 $600.00 per day $2,500,001 and over $750.00 per day ARTICLE 9 PAYMENT AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Owner-General Contractor Agreement and, including authorized adjustments thereto, is the total amount payable by the Owner to the General Contractor for the performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES PBSC General Conditions for Construction Contracts_Feb2018 9.2.1 The schedule of values shall be submitted within ten (10) days to the Architect on AIA Documents, G703, Certificate for Payment Continuation Sheet. Each line item of the Work shall separately show the value of labor and materials in a ration consistent with generally recognized estimating guides and supported by such data necessary to substantiate its accuracy. The Architect may require additional data to substantiate its accuracy and this shall be provided by the General Contractor. 9.3 APPLICATION FOR PAYMENT 9.3.1 On the 25th day of each month or as mutually agreed upon by the Owner, the General Contractor shall submit to the Architect six (6) notarized copies of his Application For Payment, on AIA Form G702 and the information required by Subparagraph 4.10.3


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supported by such data substantiating the General Contractor’s right to payment as the Owner or the Architect may require, and reflecting retaining as provided elsewhere in the Contract Documents. 9.3.2 Unless otherwise provided in the Contract Documents, payments will be made on account of materials or equipment incorporated in the Work and/or delivered and suitably stored at the site and, if approved in advance by the Owner, payments may similarly be made for materials or equipment suitably stored in a bonded warehouse approved by the Architect and the Owner. Payments for materials or equipment stored on site or in a bonded warehouse shall be conditioned upon the submissions by the General Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest, including warehouse bond, applicable insurance and transportation to the site of those materials and equipment stored off the site in a bonded warehouse. 9.3.3 The General Contractor warrants that title to all Work, materials and equipment covered by the application for payment will pass to the Owner either by incorporation in the construction or upon the receipt of payment by the General Contractor, whichever occurs first, free and clear of all liens, claims, security interest or encumbrances, hereinafter referred to in this Article 9 as "liens"; and that no Work, materials or equipment covered by Application for Payment will have been acquired by the General Contractor, or by any other person performing Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the General Contractor or such other person. 9.3.3.1 Following receipt of the first payment and prior to the receipt of each subsequent payment, the General Contractor shall furnish the Owner with satisfactory evidence that all labor and materials furnished through the date of the preceding requisition for payment have been fully paid, less the retained percentage. At any time the Owner may require proof of payment to the Subcontractors and suppliers in a form acceptable to the Owner be submitted by the General Contractor. If any Subcontractor or supplier is not paid, the General Contractor shall supply written explanation for such PBSC General Conditions for Construction Contracts_Feb2018 nonpayment, with the Application for Payment. 9.3.4 The amounts noted in F.S. 255.078 shall be retained from each Requisition For Payment by the Owner until the applicable percentage of Work is completed in accordance with the Contract Documents and that portion of the Project is accepted by the Owner and the local billing department and or authority with jurisdiction. 9.4 CERTIFICATE FOR PAYMENT 9.4.1 The Architect shall with reasonable promptness, but no more than within seven (7) Owner business days after the receipt of the General Contractor’s Application For Payment, either issue a Certificate For Payment to the Owner, with a copy to the General Contractor, for such amount as the Architect and Owner determine is properly due, or notify the General Contractor in writing the reasons for withholding a Certificate as provided in Paragraph 9.6. 9.4.2 The issuance of a Certificate For Payment will constitute a representation by the Architect to the Owner, based on his observation and inspections at the site as provided in Subparagraph 2.2.3 and the data on the Application For Payment, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with Contract Documents. General Contractor is entitled to payment in the amount certified. 9.5 PROGRESS PAYMENTS 9.5.1 After the Architect has issued a Certificate For Payment, the Owner shall make


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payment, less the applicable retainage within ten (10) Owner business days from receipt of the Approved Certificate of Payment. 9.5.2 The General Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the General Contractor on account of such Subcontractor's Work, the amount to which said Subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the General Contractor on account of such Subcontractor's Work. The General Contractor shall, by an appropriate agreement with each Subcontractor, require each Subcontractor to make payments to his Sub-subcontractors in similar manner. 9.5.3 Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any moneys to any Subcontractor. Subcontractor is not a third party beneficiary to the Contract between the Owner and the General Contractor. Subcontractor must look solely to the General Contractor for payment. 9.5.4 No Certificate For Payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents. PBSC General Conditions for Construction Contracts_Feb2018 9.6 PAYMENTS WITHHELD 9.6.1 The Architect may decline to certify payment and may withhold certifying the General Contractor’s payment application in whole or in part, to the extent necessary to reasonably protect the Owner if the Architect is unable to make representations to the Owner as provided in Subparagraph 9.4.2. The Architect is will notify the General Contractor as provided in Subparagraph 9.4.1. If the General Contractor and the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate For Payment for the amount for which he is able to make such representations to the Owner. The Architect may also decline to certify payment or, because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part of any Certificate For Payment previously issued, to such an extent as may be necessary in his opinion to protect the Owner from loss because of: 9.6.1.1 Defective Work, not remedied; 9.6.1.2 Claims filed or reasonable evidence indicating probable filing of such claims; 9.6.1.3 Failure of the General Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; 9.6.1.4 Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 9.6.1.5 Damage to the Owner or another General Contractor; 9.6.1.6 Reasonable evidence that the Work will not be completed within the Contract Time; 9.6.1.7 Persistent failure to carry out the Work in accordance with the Contract Documents; or 9.6.1.8 Failure of the General Contractor to submit the information required by Subparagraphs 4.10.3 and 9.3.3.1. 9.6.2 When the above noted impediments to payment have been resolved, payment shall be made for amounts withheld because of them. 9.7 SUBSTANTIAL COMPLETION 9.7.1 When the General Contractor considers that the Work is substantially complete as defined in Subparagraph 8.1.2, the General Contractor shall notify the Architect and Owner in writing. If the Architect and Owner on the basis of an inspection determine that the Work and the requirements of the Contract Documents are substantially complete, the Architect will then prepare a Certificate of Substantial Completion which shall


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PBSC General Conditions for Construction Contracts_Feb2018 establish the Date of Substantial Completion. Time involved in obtaining Substantial Completion beyond the date established in the Contract Documents shall be subjected to the assessment of Liquidated Damages. 9.7.2 The Architect, Owner and the General Contractor will inspect the Project. If it is apparent that many items of the Work and the requirements of the Contract Documents are not complete, no further inspection will be made. If the Project is ready for final "punch" inspection the Architect shall prepare a written punch list incorporating items designated by all parties. The failure to indicate any items on this list does not alter the responsibility of the General Contractor to complete all Work in accordance with the Contract Documents. All punch list items shall be fully and finally completed prior to the date established in the Contract Documents. Time involved in correcting punch list items beyond this date shall be subjected to the assessment of liquidated damages. The Architect shall determine the date when the Work and the requirements of the Contract Documents are fully and finally completed and shall submit a letter to the Owner certifying the date. 9.7.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the General Contractor, and the Architect so confirms, the Owner shall, upon certification by the Architect, and without terminating the Contract, make payment the balance due for that portion of Work as if fully completed and accepted. If the remaining balance for the Work not fully completed or corrected is less than the retainage stipulated in the Agreement, the written consent of surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the General Contractor to the Architect prior to certification of 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. 9.8 FINAL COMPLETION AND FINAL PAYMENT 9.8.1 After the Work and the requirements of the Contract Documents are fully and finally completed, including punch list items, the Architect shall certify Final Completion to the Owner, and after Board acceptance the owner shall make final payment to the General Contractor. 9.8.2 The final payment shall not be due until the General Contractor submits to the Architect (1) a notarized affidavit that all Subcontractor payrolls, bills for materials and equipment, and other indebtedness connected with the Work, have been paid or otherwise satisfied, (2) consent of surety to final payment, and (3) if required by the Owner, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of claims arising out of the Contract, to the extent and in such form as may be designated by the Owner. If any Subcontractor refuses to furnish a release or waiver required by the Owner, the General Contractor may furnish a bond satisfactory to the Owner to indemnify him against any such claims. If any such lien or claim remains unsatisfied after all payments are made, the General Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging PBSC General Conditions for Construction Contracts_Feb2018 such claims, including all costs and reasonable attorney's fees. 9.8.3 The Owner retains the right to assert the following claims after final payment: 9.8.3.1 unsettled liens or claims, 9.8.3.2 faulty or defective work, 9.8.3.3 failure of the work to comply with the requirements of the Contract Documents, or 9.8.3.4 terms of any such special warranties required by the Contract Documents. 9.8.4 The acceptance of final payment shall constitute a waiver of all claims by the


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General Contractor except those previously made in writing and identified by the General Contractor as unsettled at the time of final Application For Payment. 9.9 WRITTEN GUARANTEE 9.9.1 The General Contractor shall and does hereby guarantee the Work and shall remedy any defects due to faulty materials or workmanship which appear within one year, unless a longer period is specified in the Contract Documents, from the date specified in Subparagraph 8.1.2. Neither the final payment nor any provisions in the Contract Document shall relieve the General Contractor of the responsibility for negligence, defects of manufacture, faulty materials, or workmanship to the extent within the period provided by law and upon written notice they shall remedy any defects due thereto and pay all expenses for any damages to other work resulting therefrom. 9.10 DATA FURNISHED BY THE CONTRACTOR 9.10.1 During the Work and prior to receiving final payment, the General Contractor shall furnish to the Architect two complete sets of "as built" drawings acceptable to the Architect and Owner, indicating all construction modifications, additions, deletions, etc. which are at variance with the original drawings, including but not limited to changes in general construction, plumbing, electrical, heating and air conditioning. 9.10.2 At the completion of the Work and prior to receiving final payment the General Contractor shall furnish to the Architect for delivery to the Owner all bonds, warranties, guarantees, manuals and operating instructions and a complete list of equipment installed in the Project showing manufacturer and model numbers and cost. 9.10.3 At completion of the Work and prior to receiving final payment, the General Contractor shall furnish to the Architect a schedule of maintenance, stating frequency and type of service for each piece of equipment. 9.10.4 At the completion of the Work and prior to receiving final payment, the General PBSC General Conditions for Construction Contracts_Feb2018 Contractor shall instruct the Owner how to use all equipment and systems in the Project. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The General Contractor shall be responsible for initiating, continuously maintaining and supervising all safety precautions and programs in connection with the Work. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The General Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: 10.2.1.1 all employees on the Work and all other persons who may be affected thereby: 10.2.1.2 all the Work and all the materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the General Contractor or any of his Subcontractors or Sub-subcontractors; and 10.2.1.3 other property at the site and adjacent thereto, including trees, shrubs, lawns, walks, pavement, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The General Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property for their protection from damage, injury or loss. 10.2.3 The General Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, including safety regulations and notifying owners and users of adjacent utilities. 10.2.4 If the use or storage of explosives or other hazardous materials or equipment is


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necessary for the execution of the Work, the General Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 10.2.5 The General Contractor shall promptly remedy all damages or loss to any property referred to in Subparagraph 10.2.1.2 and 10.2.1.3 caused in whole or in part by the General Contractor, any Subcontractor, any Sub-subcontractor, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable and for which the General Contractor is responsible under Subparagraph 10.2.1.2 PBSC_General Conditions for Construction Contracts_Feb2018 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them or by anyone by whose acts either of them may be liable and not attributable to the fault or negligence of the General Contractor. The foregoing obligations of the General Contractor are in addition to his obligations under Paragraph 4.18. 10.2.6 The General Contractor shall designate a responsible member of his organization at the site whose duty shall be prevention of accidents. This person shall be the General Contractor’s superintendent unless otherwise designated by the General Contractor in writing to the Owner and the Architect. 10.2.7 The General Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In any emergency affecting the safety of persons or property, the General Contractor shall act at his discretion, to prevent threatened damages, injury or loss. Any additional compensation or extension of time claimed by the General Contractor on account of emergency work shall be determined as provided in Article 12 for Changes in the Work. ARTICLE 11 INSURANCE 11.1 CONTRACTORS LIABILITY INSURANCE 11.1.1 The General Contractor shall purchase and maintain such insurance that will protect it from claims set forth below which may arise from the General Contractor’s operations under the Contract, whether such operations are solely or jointly pursued by the General Contractor or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 11.1.1.1 Claims under workers' compensation, disability benefits or other similar employee benefit acts in compliance with Chapter 440, Florida Statutes, or any other law to the full statutory limit. 11.1.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of General Contractor’s employees; 11.1.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than General Contractor’s employees; 11.1.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of any offense directly or PBSC_General Conditions for Construction Contracts_Feb2018 indirectly related to the employment of such person by the General Contractor, or (2) by any other person;11.1.1.5 Claims for damages, other than to the Work itself because of injury to ordestruction of tangible property, including loss of use resulting therefrom; and11.1.1.6 Claims for damages because of bodily injury or death if any person orproperty damage arises out of ownership, maintenance or use of any motorvehicle.


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11.1.2 The insurance required by Subparagraph 11.1.1 shall name the Owner as an additional insured and be written for not less than $1,000,000 or any limits required by law, whichever is greater. 11.1.3 The insurance required by Subparagraph 11.1.1 shall provide a "Hold Harmless" and "Indemnification" Rider to cover the provisions of Paragraph 4.18 and shall be so noted on the General Contractor’s Certificate of Insurance. The General Contractor hereby acknowledges receipt of ten dollars ($10.00) and other good and valuable consideration from the Owner and Architect in exchange for giving the Owner and Architect the Indemnification provided in accord with Paragraph 4.18. 11.1.4 The Certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least thirty (30) days prior written notice has been given to the Owner. 11.1.5 The General Contractor shall purchase and maintain comprehensive general liability insurance including contractual liability and products and completed operations insurance. The Owner shall be named as an additional insured. Coverage shall be for bodily and personal injury and broad form property damages. Limits of liability of the Owner shall be set at $100,000 per claimant, $1,000,000 per incidence or occurrence. Broad Form Property Damage is required so that completed operations coverage extends to work performed by the General Contractor. 11.1.6 Owner's and General Contractor’s protective liability insurance issued in the name of the Owner and by the same company issuing the comprehensive general and automobile liability protection indicated in Paragraph 11.1.5 above shall be carried by the General Contractor. The Architect shall be named as an additional insured. 11.2 PROPERTY INSURANCE 11.2.1 Board of Trustees policy number 6Hx-18-4.65 requires Builder’s Risk Insurance for all construction projects. The General Contractor shall coordinate with the Owner’s representative on the levels of coverage required for Builders Risk Insurance or if the Owner will increase current levels of coverage to include Builder’s Risk for a specific project. If required for the project, the General Contractor shall purchase and maintain Builders Risk Insurance upon the entire Work at the site to the full insurable value PBSC General Conditions for Construction Contracts_Feb2018 thereof. This insurance shall include the interest of the Owner, General Contractor, Subcontractors, and Sub-subcontractors in the Work and shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss or damage including, without duplication of coverage, theft, vandalism and malicious mischief. If not covered under the "all risk" insurance or otherwise provided in the Contract Documents, the General Contractor shall effect and maintain similar property insurance on portions of the Work stored off the site or in transit when such portions of the Work are to be included in an Application for Payment under Subparagraph 9.3.2. 11.2.2 The General Contractor shall purchase and maintain such boiler and machinery insurance as may be required by the Contract Documents or by law. This insurance shall include the interest of the Owner, General Contractor, Subcontractors and Sub-subcontractors in the Work. 11.2.3 Any loss insured under Subparagraph 11.2.1 is to be adjusted with the General Contractor and Owner and made payable to the Owner as trustee for the insured, as their interest may appear, subject to the requirements of Subparagraph 11.2.8. The General Contractor shall pay each Subcontractor a just share of any insurance money received by the General Contractor and by appropriate agreement, written where legally required for validity, shall require each Subcontractor to make payment to his Sub-subcontractors in similar manner. 11.2.4 Certificates of insurance and a copy of all policies acceptable to the Owner shall be


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filed with the Owner by the General Contractor prior to commencement of the Work. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least thirty (30) days prior written notice has been given to the Owner. The Owner shall accept binders evidencing coverage pending issuance and delivery of said certificates and policies. 11.2.5 If the Owner requests in writing that insurance for risks other than described in Subparagraph 11.2.1 and 11.2.2 or other special hazards be included in the property insurance policy, the General Contractor shall, if possible, include such insurance, and the cost thereof shall be charged to the Owner by appropriate Change Order. 11.2.6 The Owner and General Contractor waive all rights against (1) each other and the Subcontractors, Sub-subcontractors, agents and employees each of the other, and (2) the Architect and separate General Contractor, if any, and their Subcontractors, Sub-subcontractors, agents and employees, for damages to the extent covered by insurance obtained pursuant to this Paragraph 11.2 or any other property insurance applicable to the Work except such rights as they may have to the proceeds of such insurance held by the Owner as trustee. The foregoing waiver afforded the Architect, his agents and employees shall not extend the liability imposed by Paragraph 4.18.3. The Owner or the General Contractor, as appropriate, shall require of the Architect, separate General Contractors, Subcontractors and Sub- subcontractors by appropriate agreements, written where legally required for validity, similar waivers each in favor of all other parties enumerated in this Subparagraph 11.2.6. PBSC General Conditions for Construction Contracts_Feb2018 11.2.7 The Owner as trustee shall, upon the occurrence of any insured loss, deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If after such loss no other special agreement is made, replacement of damaged work shall be covered by an appropriate Change Order. 11.2.8 Property insurance shall not be canceled or lapsed on account of partial occupancy or use. ARTICLE 12 CHANGES IN THE WORK 12.1 CHANGE ORDERS 12.1.1 A Change Order is a written order to the General Contractor signed by the Owner and the Architect issued after execution of the Contract, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by a Change Order. A Change Order or Change Order Proposal Request signed by the General Contractor indicates his agreement therewith, including the adjustment in the Contract sum or Contract Time. The number of additional calendar days, if any, required to complete the additional work must be included in the Change Order at the time it is completed. 12.1.2 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by a Change Order, and shall be performed under the applicable conditions of the Contract Documents. 12.1.3 Cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following ways: 12.1.3.1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. The substantiating data to permit evaluation shall consist of the cost of materials, including sales tax incurred and cost of delivery; cost of labor, including social security, old age and


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unemployment insurance and fringe benefits required by an agreement or custom; worker's compensation insurance; bond premium; rental value of equipment and machinery; and the cost of additional supervision and field office personnel directly attributable for the change. 12.1.3.2 by unit prices stated in the Contract Documents or subsequently agreed upon; 12.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon and if the quantities originally contemplated are so changed in a proposed Change Order PBSC General Conditions for Construction Contracts_Feb2018 that application of the agreed unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or General Contractor, the applicable unit prices shall be equitably adjusted. 12.1.5 The total cost allowance per change order for overhead and profit combined, shall not exceed 15% of the net cost based on the following schedule: .1 For the General Contractor, for any work performed by the General Contractor’s own forces, fifteen percent (15%) of the cost. .2 For the General Contractor, for work performed by the General Contractor’s Subcontractor, five percent (5%) of the amount due the Subcontractor. .3 For each Subcontractor, for any work performed by that Subcontractor's own forces, ten percent (10%) of the cost. No percentage for overhead and profit shall be allowed on items of Social Security, old age and unemployment insurance. The amount of credit to be allowed by the General Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum will be the amount of actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 12.2 CONCEALED CONDITIONS 12.2.1 Should concealed conditions be encountered in the performance of the Work below the surface of the ground or should concealed or unknown physical conditions in an existing structure be at variance with the conditions indicated by the Contract Documents, or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for this Contract, be encountered, the Contract may be equitably adjusted by a Change Order upon claim by either party made within twenty (20) days after first observance of the conditions. Claims not made within the time allowed shall be waived. 12.3 CLAIMS FOR ADDITIONAL COST 12.3.1 If the General Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Architect written notice thereof within twenty (20) days after the beginning of the occurrence of the event giving rise to such claims. This notice shall be given by the General Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the General Contractor shall proceed in accordance with Paragraph 10.3. No such claim shall be valid unless so made. The Architect/Engineer shall review the proposed costs for reasonableness and validity and shall recommend the acceptance or rejection of the change order to the Owner. If the Owner and the General Contractor cannot agree on the Contract Sum, it PBSC General Conditions for Construction Contracts_Feb2018 will be determined by the Architect/Engineer. Any change in the Contract sum resulting from such a claim shall be authorized by a Change Order. Claims not made within the


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time allowed shall be waived. 12.3.2 If the General Contractor claims that additional cost is involved because of, (1) any written interpretation pursuant to Subparagraph 2.2.8, (2) any order by the Owner to stop the Work pursuant to Paragraph 3.3 where the General Contractor was not at fault, (3) any written order for a minor change in the Work issued pursuant to Paragraph 12.4, or (4) failure of payment by the Owner pursuant to Paragraph 9.7, the General Contractorshall make such claims as provided in Subparagraph 12.3.1.12.4 MINOR CHANGES IN THE WORK12.4.1 The Architect will have authority to order minor changes in the Work not involvingan adjustment in the Contract Sum or an extension of the Contract Time and notinconsistent with the intent of the Contract Documents. Such changes shall notcompromise the integrity of the project and shall be effected by a written order with copyto Owner, and shall be binding on the Owner and the General Contractor. The GeneralContractor shall carry out such written orders promptly.12.4.2 The President or his representative may authorize any individual Change Order notexceeding $5,000. All Change Orders exceeding $5,000 will be presented for Boardaction prior to work being authorized.12.4.3 FIELD ORDERS12.4.3.1 The Architect may issue written Field Orders, with copy to Owner, whichinterpret the Contract Documents in accordance with subparagraph 12.4 or which orderminor changes in the Work in accordance with Paragraph 12.3 without changing ContractSum or Contract Time. The General Contractor shall carry out such Field Orderspromptly.ARTICLE 13UNCOVERING AND CORRECTION OF WORK13.1 UNCOVERING OF WORK13.1.1 If any portion of the Work should be covered contrary to the request of theArchitect, Owner or to requirements specifically expressed in the Contract Documents, itshall, if required in writing, be uncovered for inspection and shall be replaced at theGeneral Contractor’s expense.13.1.2 If any other portions of the Work have been covered which the Architect or Ownerhas not specifically requested to observe prior to being covered, the Architect or Ownermay request to see such Work and it shall be uncovered by the General Contractor. Ifsuch work be found in accordance with the Contract Documents determined by thePBSC General Conditions for Construction Contracts_Feb2018Architect or Owner, the cost of uncovering and replacement shall, by appropriate ChangeOrder, be charged to the Owner. If such Work be found not in accordance with theContract Documents as determined by the Architect or Owner, the General Contractorshall pay such cost unless it be found that this condition was caused by the Owner or aseparate General Contractor as provided in Article 6, in which event the Owner shall beresponsible for payment of such cost.13.2 CORRECTION OF WORK13.2.1 The General Contractor shall promptly correct all Work rejected by the Architect orOwner as defective or as failing to conform to the Contract Documents whether observedbefore or after Substantial Completion and whether or not fabricated, installed orcompleted. The General Contractor shall bear all costs of correcting such rejected Work,including compensation for the Architect's additional services made necessary thereby.13.2.2 If, within one year after Final Completion Date of the Work or within one year afteracceptance by the Owner of designated equipment or within such longer periods of timemay be prescribed by law or by the terms of any warranties required by the ContractDocuments, any of the Work is found to be defective or not in accordance with the


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Contract Documents, the General Contractor shall correct it promptly after receipt of a written notice from the Architect or Owner to do so. This obligation shall survive termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. This unconditional warranty and guarantee shall guarantee all works against defects in material and workmanship and General Contractor agrees to repair, to replace, or correct any such defects in material or workmanship without cost to the Owner. 13.2.1 The General Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1, and 13.2.2 without cost to the Owner. 13.2.4 If the General Contractor fails to correct defective or non-conforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2 the Owner may correct it in accordance with Paragraph 3.4. 13.2.5 If the General Contractor does not proceed with the correction of such defects or non-conforming Work within a reasonable time fixed by a written notice by the Architect, the Owner may remove it and may store the materials or equipment at the expense of the General Contractor. If the General Contractor does not pay the cost of such removal and storage within ten (10) days thereafter, the Owner may upon the ten (10) additional days written notice sell such Work at an auction or at a private sale and shall account for the net proceeds thereof, after deducting all costs that should have been borne by the General Contractor, including compensation for the Architect's additional services made necessary thereby. If such proceeds of sale do not cover all costs which the General Contractor should have borne, the difference shall be charged to the General Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due PBSC General Conditions for Construction Contracts_Feb2018 the General Contractor are not sufficient to cover such amounts, the General Contractor shall pay the difference to the Owner. 13.2.6 The General Contractor shall bear the cost of making good all work of the Owner or separate General Contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the General Contractor might have under the Contract Documents, including Paragraph 4.5. The establishment of the time period one year after the Final Completion Date or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the General Contractor to correct the Work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the General Contractor’s liability with respect to his obligations other than specifically to correct the Work. 13.3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 If the Owner prefers to accept defective or non-conforming Work he may do so instead of requiring its removal and correction, in which case a Change Order shall be issued to reflect a reduction in the Contract Sum as determined by the Architect or independent "expert" selected by the Owner where appropriate and equitable. Such adjustments shall be effected whether or not final payment has been made. ARTICLE 14 TERMINATION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 If the Work is stopped for a period of thirty (30) days under an order of any court or public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault


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of the General Contractor or a Subcontractor or their agents or employees or any other person performing any of the Work under a contract with the General Contractor, or if the Work should be stopped for a period of thirty (30) days by the General Contractor because the Architect has not issued a Certificate for Payment through no fault of the General Contractor as provided in Paragraph 9.7 or because the Owner has not made payment thereon through no fault of the General Contractor as provided in Paragraph 9.7, then the General Contractor may upon seven (7) additional days written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for all the Work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages. 14.2 TERMINATION BY THE OWNER PBSC General Conditions for Construction Contracts_Feb2018 14.2.1 If the General Contractor is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of violation of a provision of the Contract Documents, then the Owner, upon written certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any right or remedy and after giving the General Contractor and his surety, seven (7) days written notice, terminate the employment of the General Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the General Contractor and may finish the Work by whatever method that he may deem expedient. In such case, the General Contractor shall not be entitled to receive any further payment until the Work is finished. 14.2.2 If the unpaid balance of the Contract Sum exceeds the cost of finishing the Work, including compensation for the Architect's additional services made necessary thereby, such excesses shall be paid to the General Contractor. If such costs exceed the unpaid balance, the General Contractor shall pay the difference to the Owner. The amount to be paid to the General Contractor or to the Owner, as the case may be, shall be certified by the Architect, upon application, in the manner provided in Paragraph 9.4, and this obligation for payment shall survive termination of the Contract. ARTICLE 15 EQUAL EMPLOYMENT OPPORTUNITY 15.1 CONTRACTORS EMPLOYMENT POLICY 15.1.1 The General Contractor and all subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin or age. The General Contractor shall take affirmative actions to insure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, national origin or age. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertisement; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The General Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth its policies and non-discrimination. 15.1.2 The General Contractor and all subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin or age.


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END OF SECTION PBSC General Conditions for Construction Contracts_Feb2018 SUPPLEMENTARY GENERAL CONDITIONS 1.0 GENERAL 1.0.1 The Supplementary General Conditions shall be modifications, additions, deletions, clarifications, etc. to the General Conditions of the Construction Contract for Construction as specified below. 2.0 MODIFICATIONS, ADDITIONS, DELETIONS, CLARIFICATIONS, TO THE GENERAL CONDITIONS OF CONTRACT FOR CONSTRUCTION 2.01 GENERAL CONTRACTOR RESPONSIBLE FOR KNOWLEDGE OF CONTRACT DOCUMENTS. 2.02 The General Contractor herein certifies that they have read each and every clause of the Contract Documents and that: He has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made; and will complete the same in the time specified herein, in accordance with the plans and specifications. All work under this contract shall be done to the satisfaction of the Architect and the Owner. The Architect shall, in all cases, determine the amount, quality, fitness and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to the fulfillment of the Contract on the part of the General Contractor; and its decision thereon shall be final and conclusive, and such determination and decision, in case any questions shall arise, shall be a condition precedent to the right of the General Contractor to receive any money hereunder. Any clause or section of this contract or specification which may, for any reason be declared invalid, may be eliminated therefrom, and the intent of this contract and remaining portion thereof will remain in full force and effect as completely as though such invalid clause or section has not been incorporated therein. 3.0 CONFLICT IN CONTRACT DOCUMENTS; 3.01 In the event of conflict in the provisions of the "Contract Documents", the provisions of the "Agreement" which immediately preceded the signature of the parties shall control over the "General Conditions". The "Supplementary General Conditions" shall control over the "General Conditions of Contract", and the specifications shall take precedence over the drawings. In the case of conflict between the specifications and the drawings, the General Contractor shall not proceed with that part of the work until the discrepancy has been PBSC General Conditions for Construction Contracts_Feb2018 brought to attention of the Architect for clarification. 4.0 ERRORS AND OMISSIONS; 4.01 In the event the General Contractor (or any sub-contractor) believes he has discovered errors and/or omissions in the drawings and/or specifications, he shall notify the Architect for a clarification before signing of the Contract; in the event discovery occurs after the signing of the Contract, the General Contractor shall notify the Architect for a clarification prior to proceeding with any work directly or indirectly involved. 5.0 VERIFYING MEASUREMENTS; 5.1 Before commencing work, the General Contractor shall verify measurements at the building site; any and all differences between actual measurements and those indicated on the drawings shall be submitted to the Architect for consideration and clarification prior to proceeding with the work. In any event any such difference in measurement shall not constitute a basis for extra charge or compensation.


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6.0 PROJECT TIME SCHEDULE; 6.1 The General Contractor shall note the specific dates set-out in the "FORM OF PROPOSAL" for commencing on-site work and ending on-site work. It shall be the responsibility of the General Contractor to place equipment orders and submit shop drawings to the Architect as soon as practicable after award of Contract so that the prescribed time schedule is met. 7.0 GRADES, LINES, LEVEL & BENCH MARKS; 7.1 The General Contractor shall establish, maintain and be responsible for all grades, lines, levels and bench marks. 8.0 PROTECTION OF WORK; 8.1 The General Contractor at all times shall protect all excavations, trenches and the buildings from damage from rain water, ground water, backing up of drains or sewers, broken or damaged water mains and all other sources of water; the General Contractor shall provide, if required, all pumps and related equipment as may be necessary to provide this protection. The General Contractor shall provide all bracing and/or shoring as required for safety and the proper execution of the Contract Work and/or the protection of existing buildings, materials, utilities, etc. 9.0 SUBSTITUTIONS; 9.1 Throughout these specifications various materials, products, or equipment is specified by Trade Name, Manufacturer or Brand. These designations are employed to establish a quality and not to eliminate the use of other products, materials, or equipment PBSC General Conditions for Construction Contracts_Feb2018 equal in quality. Substitutions for Mechanical and Electrical Work shall be in accordance with the provisions set forth in the section of specifications entitled "General Requirements for Mechanical and Electrical Work". Any bidder desiring to use materials, products or equipment other than those used as a basis for quality in these specifications, shall request permission to do so from the Architect, in writing, no less than fourteen days prior to bidding, submitting adequate and proper performance data and samples with his request. Such request, if granted, will be answered by Addendum to all bidders. If any General Contractor is unable to procure written acceptance of any substitution from the Architect, prior to the opening of bids, then he shall base his bid on the exact items specified. 10.0 SEQUENCE AND SCHEDULING OF WORK; 10.1 Where roofing work is indicated on the drawings, the roofing contractor shall limit the removal of existing materials and the installation of new materials to a reasonable amount of roof area which can be completely dried-in and/or the total roofing work completed in any one work day so as to properly and adequately protect the building interiors and contents and adequately protect the building interiors and contents from water damage caused by inclement weather. On days when the weather forecast is doubtful, the roofing contractor should not commence with any roofing work. 11.0 PROTECTION OF EXISTING FACILITIES; 11.1 The existing buildings, landscaping and irrigation systems shall be adequately protected from damage during the course of the work. Plywood barriers, etc. shall be provided as required to prevent damage to these areas. The General Contractor shall provide plywood runways as required to prevent vehicular or equipment tracking in existing landscaping and adjacent areas. The plywood shall be stored at night so as not to interfere with the watering of the existing landscaping. Access to site shall be coordinated with Owner. All existing areas damaged during the course of the work shall be returned to their original condition without additional cost to the Owner.


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