RAINBOW LAKES ESTATES- IVY PLACE ROAD IMPROVEMENT PROJECT

PART 3 – BIDDING SPECIFICATION MANUAL & PLANS

PLEASE NOTE SPECIAL PROVISIONS IN SECTION 202

MARION COUNTY/M.S./ASSESSMENT BIDDING SPECIFICATION

MANUAL FOR CONSTRUCTION & ROAD CONSTRUCTION

CITIZEN STANDARDS FOR ASSESSMENT/M.S. ROAD DESIGN & CONSTRUCTION

(Adopted September 15, 2009)

100 - GENERAL REQUIREMENTS

101 Definitions and Terms 102 Execution and Representation, Intent and

Interpretation 103 Expectations and Responsibilities 104 Execution or Award of Contract 105 Changes in the Work

200 - GENERAL CONSTRUCTION

OPERATIONS

201 General Project Requirements 202 Special Provisions 203 Safety 204 Special Conditions of the Agreement 205 Value Engineering 206 Maintenance of Traffic 207 Mobilization

300 - CLEARING, EARTHWORK AND

RELATED OPERATIONS

301 Clearing and Grubbing 302 Excavation 303 Embankment 304 Borrow 305 Ditch Blocks 306 Driveway Construction

400 - ROAD CONTRUCTION AND

RELATED OPERATIONS

401 General 402 Stabilized Subgrade

403 Base Course 404 Prime Coat 405 Asphaltic Concrete 406 Leveling and Overlaying 407 Concrete Pavement Driveways 408 Concrete Curb and Gutter 409 Road and Shoulder Stabilization 410 Grassing 411 Quality Control 412 Pavement Markings, Signs & Delineators

413 Culverts 414 Fencing 415 Tree Protection

500 - PREVENTION CONTROL AND

ABATEMENT OF EROSION AND WATER

POLLUTION

501 Description 502 Control of Contractors Operations Which

May Result in Water Pollution 503 Engineer Will 504 Contractor Will 505 Construction Requirements 506 Details for Temporary Erosion Control 507 Silt Fence 508 Floating Turbidity Barriers and Staked

Turbidity 509 Rock Bags 510 Artificial Coverings 511 Removal of Temporary Erosion Features 512 Maintenance of Erosion Control Features 513 Protection During Suspension of

Contract Time 514 Method of Measurement 515 Basis of Payment

CITIZENS’ STANDARDS FOR ASSESSMENT/M.S. ROAD

DESIGN & CONSTRUCTION

POLICY NO. 09-01 ADOPTED SEPTEMBER 15, 2009

It is the policy of the Marion County Board of County Commissioners that procedures for “Citizens’ Standards” road improvements for road assessments, M.S. (Municipal Service), and MSBU (Municipal Service Benefit Unit) road projects are as follows:

Consideration will always be given to the desires of the property owners that are paying for improvements in road assessment, M.S. and MSBU projects. Therefore, the property owners’ wishes shall be considered when contemplating design of any proposed project. All design and construction plans must be certified by the design engineer (consultant) to be in substantial conformance with the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways per Florida Statute 336.045. However, a county or municipality may substitute standards and criteria for some or all portions of design, construction and maintenance of the facilities.

Road assessments, M.S.’s and MSBU’s are implemented in accordance with Florida Statutes 125.01, 197.3632, and all applicable laws, along with adopted resolutions and ordinances that are in place.

The final design concept shall be approved by the County Administrator or his designee and project Professional Engineer (P.E.) of record prior to the completion of the design.

CITIZENS’ STANDARD FOR ROAD PAVING & DRAINAGE IMPROVEMENTS

Road standards will consist of:

• 6” limerock based primed LBR 100

• 8” stabilized subgrade LBR 40 (limerock or clay mix)

• 8” stabilized shoulder LBR 25 (limerock and clay mix)

• Minimum of 11/4 “ asphalt Type SP 9.5 with maximum of 15% reclaim mix

• Width of pavement varies to allow flexibility to save trees or to lower costs for very low traffic roads, i.e., 18 ft. vs. 20 ft.

Road materials testing requirements shall be as follows:

• Stabilized Subgrade shall have LBR 40 with no test results less than 35. The density of stabilized subgrade shall not be less than 96% of the maximum density as determined by the latest ASTM standard.

• Limerock Base Course shall have average LBR value of 100 with no test result less than 95.

Density shall not be less than 98% of maximum density as determined by the latest ASTM standard.

• Asphaltic Concrete Surface Course: Extraction and Wash Gradation tests shall be taken on materials placed each day as required by the M.S. Project Coordinator. The design mix shall be submitted to and approved by the Design Engineer prior to the manufacture of the asphaltic concrete.

• Stabilized Roadway shall have LBR of not less than 40 and the field density shall not be less than 96%.

• Stabilized Shoulder shall have LBR of not less than 25. Density of stabilized shoulder shall not be less than 95% of maximum density.

Drainage will be constructed as follows:

• Drainage will be addressed using ditch blocks for water storage and treatment shall be designed for 10 year/24 hour storm event to minimize flooding problems. However, when these standards are not attainable, water management district requirements shall prevail. Culverts will be installed and used where necessary to maintain existing drainage.

• Drainage Retention Areas (DRA’s) will be purchased and constructed only as a final alternative.

STANDARDS FOR RECLAMATION OF EXISTING PAVED ROADS

Standards for reclamation of existing paved roads will consist of:

• Measurement to establish centerline (C/L) and edge of existing pavement Maintain edge of pavement grade to match existing driveways

• Add 4” of limerock 4 ft. wide to centerline (C/L) to maintain 2% grade to edge

• Mix existing asphalt and limerock to a depth of 6” to take out any fracture of limerock

• Finish grade limerock and compact to 98% density

• Prime limerock

• Pave with a minimum of 11/4 “ asphalt Type SP 9.5

• Sod any areas disturbed during construction

• Driveways or paved approaches are not constructed during this process; existing driveways will be matched to pavement edge.

Standards for road construction and drainage improvements on PRIVATE ROADWAYS will consist of:

Citizens’ Standards for roadway improvements as outlined in this policy will be used. Homeowners’ desires will be considered when planning the improvements to meet local conditions to save trees, to make the project affordable as possible, and to match the existing aesthetics of the community.

• Road width may be adjusted to right-of-way width using safety and drainage considerations

• Pavement width may increase or decrease depending on tree location and width of right-of-way.

• Maintain street signage, striping, and speed limits; signs will be replaced or added as necessary per the design. Flexibility for striping should be maintained; minimum double yellow striping shall be 100’ or as dictated by local conditions.

• Sod any areas disturbed during construction.

• Construct paved driveway approaches only to occupied lots in accordance with Policy No.

9302.

• Edge line may be used if requested.

STANDARDS FOR OVERLAYING EXISTING ASPHALT ROADWAYS

Pavement preparation:

• Prior to any overlay of existing pavement, grass or weeds overgrowing the edges of the roadway shall be bladed off to define the edge and cleaned sufficiently to accept the overlay.

• Edge blading will include a proper transition to the shoulder in the absolute minimum distance necessary.

• Material used for filling cracks over ¼” in width will be hot poured. With the approval of the design engineer, a leveling course may also be required.

• Materials resulting from the blading operation will be disposed of by the Contractor offsite of the project only when the Design Engineer or Project Coordinator has determined that such material will not be needed. The roadway will be broomed and all holes and cracks ¼” or greater shall be filled.

• All work mentioned above will be included in the pay item for Pavement Preparation.

• Cracks less than ¼” in width will be filled by the application of RS-1 or RS-2 specified for the tack coat which will be paid for at the contract unit price for that item.

• Milling across the front of driveway will be done in a manner in which the asphalt will match the existing driveway surface. This work, including the removal and disposal of all resulting materials, is included in the pay item of Pavement Preparation.

• Measurement for all aforementioned work will be as per the plan quantity unless a revision in the length of the roadway involved is authorized. Payment for this work which includes filling of cracks ¼” or greater, exposing and cleaning edge of pavement, minimum tapering of the shoulder, milling to match existing driveways and cleaning the entire pavement shall be done at the contract unit price per square yard for Pavement Preparation.

• Asphalt overlay will consist of a minimum of 1¼” asphalt Type SP 9.5 with maximum of 15% reclaim mix.

• Pavement Preparation includes brooming of asphalt, clipping of grass off edge of existing asphalt, crack sealing of cracks ¼” or wider, milling across front of driveways so asphalt will match driveway and removal of milling. Pay item will be per square yard.

VALUE ENGINEERING

• The County (Procurement Director, M.S. Director, M.S. Project Coordinator, and Engineer of Record) will have the authority to work with the contractor to incorporate value engineering on all road assessment, M.S. and MSBU projects as needed.

• Value engineering will be used especially to save costs and where necessary to save trees.

• Value engineering will be used in order to construct the project in such a way as to keep the aesthetics of the neighborhood or area intact.

DRIVEWAY & APPROACH WAY CONSTRUCTION FOR ROAD ASSESSMENT, M.S. & MSBU

PROJECTS FOR NEW CONSTRUCTION ONLY

• Paved approach ways will be installed on occupied lots only.

• If concrete driveways are in place on a particular parcel, the approach way will be installed to match with concrete unless otherwise specified.

• If there is no paved or concrete driveway on site prior to construction commencing, an asphalt approach way will be installed at a minimum width of 10’ on occupied lots.

• If a driveway is on site prior to construction, the existing approach way will match the width and materials that meet at the right-of- way line.

• Driveways cannot be installed on private property.

• No driveway apron improvements shall be installed on a vacant lot unless there is a gate and fence in place or a building permit issued prior to construction bid being accepted; the driveway apron shall match existing approach way. If there is nothing on site, the driveway apron will be paved a maximum of 10’ wide.

• If driveways are requested during construction and are not on site or shown on the plans, the property owner will be responsible to work with the contractor and to pay the contractor directly for any additional driveways that may be desired; no assessment funds will be used for this purpose.

CITIZENS’ STANDARD FOR STABILIZED ROAD MAINTENANCE

Road maintenance standards will consist of:

• Right-of-way width will be determined prior to maintenance being performed to make sure road is within right-of-way and not on private property.

• Right-of-way will be cleared where necessary.

• Ditches will be excavated/cut to maintain water runoff as much as possible.

• Excess materials from excavated ditches will be used to bring roadway back to natural ground;

if necessary, fill will be brought in from offsite.

• Roadway will be mixed with 3” limerock or 3” of clay material to stabilize road way and compacted to 96% density; LBR 40.

• Grade roadway with a minimum 2% or 0.2’ crown for water runoff.

• Ditches will be sodded or seed and mulched (based on type of soils on site) to minimize erosion from water runoff.

• Culverts will be installed where necessary to maintain or improve existing water runoff patterns.

• Ditch blocks will be installed where necessary for water storage in ditch areas and minimize erosion of back slopes and ditches from water runoff.

ADJUSTMENTS TO DESIGN DURING CONSTRUCTION

If any adjustments to design are required during construction, the design engineering firm will be contacted and the issue resolved through a cooperative effort between the M.S. Department, the design engineering firm, and the contractor. If changes are significant, the County Administrator or his designee shall be the approving authority along with the design Professional Engineer (consultant) for such change.

PERMITTING REQUIREMENTS FOR FUTURE DRIVEWAY CONSTRUCTION AND

INSTALLATIONS

• After the completion of an M.S., MSBU or road assessment project, all future driveways permitted for new and existing construction will be in accordance with permitted drainage design approved by the water management district.

• If there are extenuating circumstances that require a culvert to be installed, each circumstance will be evaluated separately to make sure that the approved drainage design completed by a design Professional Engineer is not compromised.

FINAL INSPECTION OF COMPLETED ROAD IMPROVEMENTS, STABILIZED, OR MAINTAINED

ROADWAYS

• A final inspection of the improvements will be completed with the M.S. Project Coordinator and the design Professional Engineer (consultant) to determine that the improvements were completed in accordance with approved plans and specifications.

• As-Built drawings will be submitted to the M.S. Department for future reference on all new road construction projects and/or drainage construction improvements.

MAINTENANCE OF ROAD AND DRAINAGE IMPROVEMENTS AFTER IMPROVEMENTS

CONSTRUCTED AND COMPLETED

• After completion of the improvements in accordance with this policy, final inspection, and completion of contractor’s warranty period, Marion County will assume maintenance of the road and drainage improvements constructed in recorded subdivisions with public rights-of-way or in areas where maintenance has previously been accepted and performed. The final inspection shall be conducted and certified by the project Professional Engineer (consultant) of record.

• Private roads will not be assumed for maintenance unless 100% of the right-of-way is conveyed to Marion County by the property owners and the right-of-way is accepted by official action of the Board of County Commissioners during a regular County Commissioners’ meeting.

• Maintenance may also be assumed through an M.S. or MSBU assessed annually on the property tax bills to all affected properties within a designated area. This will require official Board of County Commission action, a final public hearing, and adoption of a resolution.

100 GENERAL REQUIREMENTS AND COVENANTS

101 DEFINITIONS AND TERMS

ADDENDA: Modify the CONTRACT DOCUMENTS prior to the execution of the AGREEMENT.

AGREEMENT: Sets forth the conditions of the contractual relationship between the CONTRACTOR and the

COUNTY. All CONTRACT DOCUMENTS are a part of the AGREEMENT just as if incorporated therein.

APPLICATION FOR PAYMENT: The request made for a PROGRESS PAYMENT to the ENGINEER by the

CONTRACTOR.

AS-BUILT SURVEY AND AS-BUILT DRAWINGS shall be a survey performed to obtain horizontal and vertical dimensional data so that the WORK may be located and delineated on a survey drawing for the purpose of depicting the results of said survey.

ASTM refers to the latest version of the American Society for Testing and Materials specifications.

AUTHORITY: The COUNTY, ENGINEER, and CONTRACTOR have all privileges and obligations granted to each under the provisions of the CONTRACT DOCUMENTS. The ENGINEER and CONTRACTOR may act through their respective authorized agents after each has advised the other and the COUNTY of the appointment of their agents.

CHANGE ORDERS: Extend the CONTRACT TIME or increase/decrease the CONTRACT SUM after the execution of the AGREEMENT.

CONTRACT DOCUMENTS include Instructions to Bidders; Completed Bid Form; Special Provisions;

AGREEMENT; General Conditions, Special Conditions; DRAWINGS; SPECIFICATIONS; ADDENDA;

CHANGE ORDERS; FIELD ORDERS and/or INTERPRETATIONS which may be issued. All

CONTRACT DOCUMENTS are identified by a Project Title, Project Number and a Date.

CONTRACT SUM: Stated in the AGREEMENT and is the total amount payable by the COUNTY to the

CONTRACTOR for the complete performance of the WORK contemplated by the CONTRACT

DOCUMENTS

CONTRACT TIME: Time established in the AGREEMENT by which the CONTRACTOR must complete all

WORK contemplated by the CONTRACT DOCUMENTS

CONTRACTOR: The individual, individuals, or business entity executing the AGREEMENT and thus assuming the obligation of construction of the WORK.

CONSTRUCTION LAYOUT SURVEY shall mean the measurements made prior to or while construction is in progress, to control elevation, horizontal position and dimensions and configuration of the WORK. The LAND SURVEYOR shall provide construction staking for use by the CONTRACTOR. These stakes must be based on controls established by using the Minimum Technical Standards as defined in Section 21HH-6 Florida Administrative Code. The stakes provided shall be adequate in number, position, and elevation so that the WORK can be constructed from the DRAWINGS as designed and complies with the requirements of the SPECIFICATIONS.

COUNTY: The Board of County Commissioners of Marion County, a political subdivision of the State of Florida.

DRAWINGS: Listed by sheet number and title in the SPECIAL CONDITIONS of the AGREEMENT, show the location, scope and details of the WORK which is the subject of the AGREEMENT.

ENGINEER (EOR): Refers to the Engineer of Record for the Project performing design services for the COUNTY, as appointed by the Board of County Commissioners, or the person or persons he may designate as his authorized agent.

EXTENSION OF TIME: Written authorization from the COUNTY which serves to extend the CONTRACT TIME.

FIELD ORDERS: Instruct the CONTRACTOR of those minor changes to the CONTRACT DOCUMENTS which are not considered as being a subject of renegotiation and AGREEMENT FINAL INSPECTION: That inspection made by the EOR and the M.S./ASSESSMENT DEPARTMENT after notification by the CONTRACTOR that all WORK has been completed FINAL PAYMENT: The payment to the CONTRACTOR of the CONTRACT SUM after the FINAL INSPECTION is completed and all WORK has been completed.

INTERPRETATIONS of the CONTRACT DOCUMENTS by the EOR serve to clarify and explain the intent of the

CONTRACT DOCUMENTS to the CONTRACTOR.

LAND SURVEYOR: Includes the term Professional Land Surveyor and means a person who is registered to engage in the practice of land surveying under Chapter 472, Florida Statutes.

LIQUIDATED DAMAGES: Should the CONTRACTOR fail to substantially complete work under this contract and make the area available for beneficial use on or before the date stipulated for substantial completion (or such later date as may result from extension of the time granted by Owner), he shall pay Owner as liquidated damages, the sum of FIVE HUNDRED DOLLARS ($500.00) for each consecutive calendar day that terms of the contract, which sum is agreed upon as a reasonable and proper measure of damages which owner will sustain per diem by failure of CONTRACTOR that the injury to the owner which would result from a failure of CONTRACTOR to complete on schedule is uncertain and cannot be construed as penalty on the CONTRACTOR. For each consecutive day that the work remains incomplete after the date established for Final completion, the OWNER will retain from the compensation otherwise to be paid to CONTRACTOR the sum of five hundred ($500.00) dollars. This amount is the minimum to complete all remedial work, correct deficient work, clean up the project and other miscellaneous tasks as required to complete all work specified. This amount is in addition to the liquidated damages prescribed above and shall not be construed as a penalty.

MONUMENTS: Shall mean a man-made or natural object that permanent or semi-permanent and used or presumed to occupy any real property corner, point on a boundary line or reference point. All monuments set or replaced shall conform to the provisions of 21HH-6 (F.A.C.) and conform to the additional specification as indicated below:

1) Rods or pipes shall have a minimum cross-sectional area of 0.3 sq. in. (5/8” rebar or 1/2:” ID pipe) with a minimum length of 18”.

2) Concrete monuments shall have a minimum cross-section of 16 sq. in. (4” square or 4.5” diameter “round”).

3) Be detectable with a conventional magnetic detector a commonly used in field survey at a minimum distance of 6”.

NOTICE OF AWARD: Written notification to the successful Bidder advising to execute the AGREEMENT within the time allotted.

NOTICE TO PROCEED: Written notification to the CONTRACTOR to proceed with the WORK. The time allowed for completion is determined from this date.

PROFESSIONAL SUBCONTRACTOR: An individual or individuals or a business entity by separate AGREEMENT with the CONTRACTOR to provide professional services to assist in the construction of the work. These PROFESSIONAL SUBCONTRACTORS may include but not be limited to the following:

Land Surveyor, Professional Engineer, Landscape Architect, or Architect.

PROGRESS PAYMENT: The payment of an approved APPLICATION FOR PAYMENT other than the FINAL

PAYMENT

PROJECT: The total construction contemplated of which the work contemplated by the CONTRACT DOCUMENTS may be the whole or a part.

PROJECT LIMITS: The area shown on the DRAWINGS or described elsewhere in the CONTRACT DOCUMENTS in which all activities under this AGREEMENT are confined.

RETAINAGE: That percentage of PROGRESS PAYMENTS specified in the CONTRACT DOCUMENTS which shall be withheld until the FINAL PAYMENT.

SPECIAL CONDITIONS: Supplement the General Conditions by including specific requirements and information.

When conflict occurs between the SPECIAL CONDITIONS of the AGREEMENT and the General Conditions of the AGREEMENT, the SPECIAL CONDITIONS of the AGREEMENT shall govern.

SPECIFICATIONS: Requirements for selection of and payment for materials, furnishings and equipment together with construction and quality control requirements. Special provisions for the job are given that supplement the SPECIFICATIONS by including specific requirement and information. When conflict occurs between the Special Provisions and the SPECIFICATIONS, the Special Provisions shall govern.

SUBCONTRACTOR: An individual, or individuals or a business entity who, by separate AGREEMENT with the CONTRACTOR, is to construct part of the WORK.

WORK includes the total construction contemplated by the CONTRACT DOCUMENTS and all labor, materials, furnishings and equipment that may be necessary to complete the construction.

102 REPRESENTATION, INTENT, AND INTERPRETATIONS

PLURALITY AND GENDER: Words including COUNTY, ENGINEER (EOR), CONTRACTOR and

SUBCONTRACTOR are referred to throughout the CONTRACT DOCUMENTS as if singular in number and masculine in gender.

INTENT of the CONTRACT DOCUMENT is to include all things for the complete and satisfactory completion of the WORK. The CONTRACT DOCUMENTS are complimentary, and what is required by any one is as binding as if required by all. WORK not included in the CONTRACT DOCUMENTS is not an obligation of the CONTRACTOR unless it can be reasonably inferable from the CONTRACT DOCUMENTS that such WORK is necessary in order to achieve the intended results.

INTERPRETATION: Words which have a well-known technical or trade meaning are used throughout the CONTRACT DOCUMENTS in accordance with such recognized meaning. Written INTERPRETATIONS of the CONTRACT DOCUMENTS, in the form of DRAWINGS or letters, will be issued by the EOR upon request of the CONTRACTOR. The CONTRACTOR shall not proceed with the WORK when he has doubts as to the correct INTERPRETATION.

ORGANIZATION of the CONTRACT DOCUMENTS into divisions, sections, or other arrangement is not intended to represent a division of the WORK among various crafts, trades or suppliers of materials. The specification of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of the AGREEMENT shall not imply that any other, non-specified act, failure, refusal omission, event, occurrence or condition shall be deemed not to constitute a material breach of this

AGREEMENT.

103 EXPECTATIONS AND RESPONSIBILITIES

103.1 THE BIDDER

Required Documents: All specified, required documents, forms and certifications must accompany each bid or alternate bid submitted. Failure of a BIDDER to submit the required, completed documents, forms and certifications with his bid or alternate bid may result in a non-responsive bid, which may be cause for rejection

Governing Laws and Regulations: The BIDDER is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the Work

Bids shall be submitted on the Proposal Bid Form provided herewith except that a computer prepared bid form equal in form and content to the standard form shall be acceptable if approved prior to submittal.

All bids shall conform to the requirements of these instructions.

The Bid shall be as follows: Contract Sum Bid (the sum of item totals of estimated quantities, stated by County, multiplied by the unit price bid by the bidder) and shall be for all work and alternates described in the plans and contract documents.

The BIDDER, through the timely submittal of his bid, acknowledges that he is aware of and is prepared to provide the Performance Bond and Payment Bond and insurance coverage required.

BIDDERS are reminded that to be awarded the bid a contractor must perform with his own organization not less than 50% of the total contract, less the total amount for those contract items designated as “Sublet Work”.

BIDDERS may withdraw or replace bids at any time up until the deadline for submission of bids.

All of the work under this proposal shall be done in accordance with Policy No. 09-01 Citizens’ Standards for

Assessment/M.S. Road Design & Construction, applicable portions of the Marion County Land Development Code; latest edition of the following: Marion County Citizens’ Standards for Assessment/M.S. Design and Construction, Marion County Land Development Code, Manual on Uniform Traffic Control Devices (U.T.C.D.), F.D.O.T. Standard Specifications; together with plans, specifications, and the special provisions for roadway and drainage improvements

Examination of Site Conditions: Each BIDDER, by and through the submission of his Bid, agrees that he shall be held responsible for having therefore examined the site, the location of all proposed work and for having satisfied himself from his personal knowledge and experience or professional knowledge, advise as to the character and location of the site, the nature of the ground, surface and subsurface, the water elevations, location of buried utilities and any other conditions surrounding and affecting the work, any obstructions, the nature of any existing construction, and all other physical characteristics of the job, in order that he may include in the prices which he bids all costs pertaining to the work and thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which may be encountered in doing the proposed work. The BIDDER is expected to examine carefully the site of the proposed work, and the proposal plans, specifications and contract forms for the work contemplated before submitting a proposal. Examination shall also include investigation as to the conditions to be encountered, as to the character, quality and quantity of work to be performed, materials to be furnished, and as to the requirements of all control documents. The BIDDER’S submission of a proposal shall be considered prima facie evidence that he has made the examination as described above and that the CONTRACTOR has not, does not and will not rely upon any representation or warranties by the COUNTY concerning the contract documents as no such representations or warranties have been or are hereby made.

Consideration of Work in Progress: Each BIDDER, in preparing his Bid, shall take into consideration that work by other contractors may be in progress at or near the site during the performance of the work to which the bid relates and that he will be expected, should he be awarded the Project, to avoid interference with work done by such other contractors and to coordinate his work with other contractors at the site.

103.2 THE ENGINEER:

Inspections of the WORK in preparation and progress shall be made by the ENGINEER as necessary to satisfy himself as to the quality of the WORK and to determine if the WORK is proceeding in accordance with the provisions of the CONTRACT DOCUMENTS. If any of the WORK is covered prior to inspection and acceptance of the ENGINEER, it shall, if required by the COUNTY or the ENGINEER, be uncovered for the ENGINEER’s inspection and shall be properly replaced at the CONTRACTOR’S expense without change in the CONTRACT TIME.

Approval of APPLICATIONS FOR PAYMENT submitted by the CONTRACTOR shall be a function of the

ENGINEER.

Claims and Disputes and other matters in question between the CONTRACTOR and the COUNTY relating to the provisions of the CONTRACT DOCUMENT shall be referred initially to the EOR who shall make a recommendation to the COUNTY

Non-Conforming Work: The EOR shall have the authority to reject WORK which does not conform to the

CONTRACT DOCUMENTS.

Shop Drawings and Samples, as submitted by the CONTRACTOR in accordance with the provisions of the CONTRACT DOCUMENTS shall be reviewed by the EOR. Approval of shop drawings and samples denotes apparent compliance with the intent and purpose of the CONTRACT DOCUMENTS but such acceptance does not relieve the CONTRACTOR of the responsibility for quantity and dimensional compliance, operational performance, omissions or conformance with the CONTRACT DOCUMENTS or official modifications thereto by CHANGE ORDER, FIELD ORDER OR INTERPRETATION.

Field Orders: The EOR shall have authority to order minor changes in the WORK not involving an increase in the total CONTRACT SUM or an extension of the CONTRACT TIME and not inconsistent with the intent of the CONTRACT DOCUMENTS. Such changes may be effected by FIELD ORDER. Such changes shall be binding on the COUNTY and the CONTRACTOR.

103.3 THE COUNTY

Land Surveying Services, including references for horizontal and vertical control, building layout dimensions, and other field surveys from which the work is controlled vertically and horizontally, shall be furnished by the CONTRACT DOCUMENTS to the extent that is required to lay out the WORK. Layout of the job and construction surveys remains the responsibility of the CONTRACTOR.

The Board of County Commissioners reserves the right to reject any and all bids and to waive any informality.

103.4 THE CONTRACTOR

The CONTRACTOR shall provide the EOR access to the WORK at all times whenever construction is in preparation or progress. The CONTRACTOR shall provide the EOR with reasonable assistance and facilities for such access so that the EOR may perform his duties as provided herein.

The CONTRACTOR shall take no advantage of any apparent error or omission in the plans or specifications, and the ENGINEER shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the plans and specifications.

The CONTRACTOR shall be responsible for contacting utility companies whose works are in the PROJECT area and shall cooperate in scheduling any changes these companies must make due to the proposed construction.

The CONTRACTOR shall be responsible for maintaining the safe movement of traffic including emergency vehicles throughout the PROJECT. CONTRACTOR will have an F.D.O.T. MOT certified person onsite at all time while construction activity is occurring. A copy of the CONTRACTOR’S proposed traffic control plans shall be submitted to the EOR for approval within seven (7) days of the NOTICE OF AWARD. All details shall be in accordance with the F.D.O.T. Roadway and Traffic Design Standards and those pertinent provisions of the Manual of Uniform Traffic Control Devices (U.T.C.D.).

For all paving operations, the CONTRACTOR shall utilize the correct rollers and equipment suited for the type of work as specified in F.D.O.T. Standard Specifications.

Construction Permits: CONTRACTOR shall perform all work in accordance with approved water management district permits and Marion County Land Development Code.

Land Surveying Services: CONTRACTOR shall be responsible for replacing any property monuments disturbed during the course of construction.

Unless provided in the plans or under separate contract, the CONTRACTOR shall pay the cost of centerline control, which shall be established and referenced PRIOR TO CONSTRUCTION, by a Professional LAND SURVEYOR licensed in the State of Florida.

The CONTRACTOR shall be responsible for the protection, referencing and/or resetting of any section corner monuments and property corners affected by the construction operations whether by design or accident.

Any monument or property corner which is disturbed by the CONTRACTOR shall be replaced by a Professional LAND SURVEYOR, licensed in the State of Florida, at the CONTRACTOR’S expense.

Construction layout (line and grade) or any other land surveying services as may be required by the CONTRACTOR shall be provided by the CONTRACTOR. Said land surveying services shall be performed by a Registered LAND SURVEYOR pursuant to Chapter 472, Florida Statutes and said construction layout or other land surveying services shall be in accordance with Chapter 21HH-6 Florida Administrative Code, Minimum Technical Standards, set forth by the Florida Board of Land Surveyors pursuant to Section 472.027, Florida Statutes and any additional requirements of the CONTRACT DOCUMENTS and SPECIFICATIONS.

The Contract Document shall be carefully studied and compared by the CONTRACTOR so that he will be entirely familiar with the requirements.

Control of the Work, including the selection and coordination of all construction means, methods, techniques, sequences or procedures, shall be the responsibility of the CONTRACTOR.

104 EXECUTIONS OR AWARD OF CONTRACT

Labor, Materials, Furnishings and Equipment: Unless otherwise specifically provided in the CONTRACT

DOCUMENTS, the CONTRACTOR shall, at his own effort and expense, provide for all required labor, materials, furnishings, equipment, tools, construction equipment and machinery, utilities, transportation and other services and facilities necessary for the proper execution and completion of the WORK. All materials, furnishings and equipment provided shall be new unless otherwise specified in the CONTRACT DOCUMENTS. If required by the EOR, the CONTRACTOR shall furnish satisfactory evidence as to kind and quality of materials, furnishings and equipment used or to be used in the WORK.

The COUNTY reserves the right to provide materials for incorporation into the PROJECT without any obligation to adjust CONTRACT SUM at other than the contract unit price bid by the CONTRACTOR.

Discipline and Good Order within the PROJECT LIMITS shall at all times be enforced by the CONTRACTOR.

He shall not employ on the WORK site any unfit person or persons not skilled in the task assigned to him. The acts and omissions of all employees of the CONTRACTOR and his SUBCONTRACTORS, and their agents and employees, and all other persons performing any of the WORK, shall be the responsibility of the CONTRACTOR.

Warranty: The CONTRACTOR warrants to the COUNTY that all materials, furnishings, equipment and workmanship in the WORK shall be of good quality and free from faults and defects for a period of one

(1) year from final payment of the WORK, unless a different period of time is specifically specified.

Manufacturer’s guarantees to the CONTRACTOR for a longer period of time accrue to the COUNTY to the extent that the CONTRACTOR warrants to the COUNTY the same commitments as may appear in said guarantee. When not specifically identified in the bid documents, the warranty shall commence upon release of final retainage by the COUNTY and shall be for a period of one (1) year.

Taxes and Permits: The CONTRACTOR shall pay all taxes and fees charged by the governmental agency having jurisdiction unless he is specifically relieved of such payment by the CONTRACT DOCUMENTS.

The CONTRACTOR shall obtain and pay for all permits and licenses required by any governmental agency having jurisdiction unless specified otherwise in the CONTRACT DOCUMENTS. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, codes, regulations and orders of any governmental agency having jurisdiction. The CONTRACTOR shall immediately report to the EOR any variances between the CONTRACT DOCUMENTS and the laws, ordinances, rules, codes, regulations and orders of any governmental agency having jurisdiction before proceeding with the affected WORK.

Supervision: The CONTRACTOR shall employ a competent superintendent and, when necessary, an assistant superintendent, one of which shall at all times be within PROJECT LIMITS while construction or inspection is in process. The selection of the superintendent shall be subject to the approval of the EOR.

The superintendent shall represent the CONTRACTOR insofar as authority. Communication between the superintendent and the EOR shall be as binding as if made between the CONTRACTOR and the

EOR.

Contractor shall supply day and night phone numbers of superintendent assigned to the PROJECT. The superintendent is required to a supervisory position whose main job function is to oversee timely completion of the WORK. Any other function of the superintendent is to be considered an ancillary function and timely progress of the job should not depend on his performance of the ancillary functions.

So long as the individual(s) named remain actively employed or retained by the CONTRACTOR, they shall perform as stated unless the EOR agrees to the contrary in writing.

Progress Schedule: The CONTRACTOR, within seven (7) days after receipt of the NOTICE OF AWARD and prior to execution of the AGREEMENT, shall prepare and submit for the approval of the EOR an estimated progress schedule for the WORK. The progress schedule shall indicate the starting and completion dates for the various stages of the WORK. Conventional methods shall be used to depict anticipated schedule, define critical activities and identify milestones necessary for timely completion of the PROJECT. The progress schedule shall be revised by the CONTRACTOR when requested or authorized to do so by the EOR. Failure by the CONTRACTOR to strictly comply with the approved progress schedule shall constitute a material breach of this CONTRACT. Beginning of WORK shall not commence until a pre-construction conference has been held. Contact the M.S./ASSESSMENT DEPARTMENT for appointment. All time limits stated in the CONTRACT DOCUMENTS are of the essence of the AGREEMENT. The CONTRACTOR shall begin the WORK upon receipt of the NOTICE TO PROCEED and he shall thereafter expeditiously and continuously proceed with the WORK using adequate forces and facilities. The CONTRACTOR shall complete the WORK within the CONTRACT

TIME.

Drawings and other CONTRACT DOCUMENTS necessary for the construction of the WORK shall at all times be within the PROJECT LIMITS and be available to the EOR

Field Work Drawings shall be required. One (1) set of DRAWINGS and SPECIFICATIONS shall be kept by the superintendent upon which changes to the WORK permitted by CHANGE ORDER, FIELD ORDER or INTERPRETATION shall be carefully and neatly marked. Upon final acceptance of the WORK, the modified DRAWINGS and SPECIFICATIONS shall be signed and dated by the superintendent and given to the EOR.

Shop Drawings and Samples shall be reviewed by the CONTRACTOR and promptly submitted in duplicate to the EOR for approval.

Use of Site: The CONTRACTOR shall confine his storage and operations to the PROJECT LIMITS unless specific instructions for storage and operations are specified in the CONTRACT DOCUMENTS.

Materials, tools, and construction equipment shall be stored in a neat and reasonable manner as not to unduly hamper progress and safety. Waste materials and debris shall not be allowed to accumulate and shall be disposed of on a regular basis by the CONTRACTOR at his expense. Accidental spills shall be addressed within 72 hours of occurrence in accordance with governing agency standards. Upon completion of the WORK and prior to the FINAL INSPECTION and final acceptance, all surplus materials, tools, construction equipment, rubbish and debris shall be removed from the PROJECT LIMITS. The WORK shall be entirely cleaned and ready for service, and all installed equipment shall be tested and operational.

Subcontractors: Within seven (7) days after receipt of the NOTICE OF AWARD and prior to execution of the AGREEMENT, the successful bidder shall furnish to the EOR a written list of all superintendents, SUBCONTRACTORS, the LAND SURVEYOR in responsible charge, and all other persons or organizations who are proposed to provide services, materials, or specially designed equipment for the principal portions of the WORK, including name, address and telephone number.

Prior to the execution of the AGREEMENT, the EOR shall notify the successful bidder in writing if the COUNTY, after due investigation, has reasonable objection to any person or organization on such list.

Failure of the COUNTY to make an objection to any person or organization on the list prior to the award shall constitute acceptance of such person or organization. If, prior to the execution of the AGREEMENT, the COUNTY or EOR has a reasonable and substantial objection to any person or organization on such a list, and refuses in writing to accept such person or organization, the successful bidder may, prior to the execution of the AGREEMENT, withdraw his bid without forfeiture of bid security. If the successful bidder submits an acceptable substitute with an increase in his bid price to cover the difference in cost occasioned by such substitution, the COUNTY may, at their discretion, accept the increased bid price or they may disqualify the bid. If, after the execution of the AGREEMENT, the COUNTY refuses to accept any person or organization on such list, the CONTRACTOR shall submit an acceptable substitute and the CONTRACT SUM shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate CHANGE ORDER shall be issued; however, no increase in the CONTRACT SUM shall be allowed for any such substitution unless the CONTRACTOR has acted promptly and responsively in submitting a name with respect thereto prior to the award. The CONTRACTOR shall not contract with any SUBCONTRACTOR proposed for the principal portions of the WORK who has not been accepted by COUNTY. If the COUNTY requires a change of any SUBCONTRACTOR or person or organization previously accepted by them, the CONTRACT SUM shall be increased or decreased by the difference in cost occasioned by such change and an appropriate CHANGE ORDER shall be issued. The CONTRACTOR shall not make any substitution for any SUBCONTRACTOR or person or organization who has been accepted by the COUNTY unless the substitution is acceptable to the EOR. All WORK performed for the CONTRACTOR by a SUBCONTRACTOR shall be pursuant to an appropriate agreement between the CONTRACTOR and the SUBCONTRACTOR (and where appropriate between SUBCONTRACTORs and SUB- SUBCONTRACTORS which shall contain provisions that:

1) Preserve and protect the rights of the COUNTY under the Contract with respect to the WORK to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights;

2) Require that such WORK be performed in accordance with the requirements of the CONTRACT

DOCUMENTS;

3) Require submission to the CONTRACTOR of APPLICATIONS FOR PAYMENT under each subcontract to which the CONTRACTOR is a party, in reasonable time to enable the CONTRACTOR to apply for payment;

4) Require that all claims for additional costs, EXTENSIONS OF TIME, damages for delays or otherwise with respect to subcontracted portions of the WORK shall be submitted to the CONTRACTOR (via any SUBCONTRACTOR or sub- SUBCONTRACTOR where appropriate) in the manner provided in the CONTRACT DOCUMENTS for like claims by the

CONTRACTOR upon the COUNTY;

5) Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance except such rights as they may have to the proceeds of such insurance held by the COUNTY as trustee;

6) Obligate each SUBCONTRACTOR specifically to consent to the provisions that the CONTRACTOR shall pay each SUBCONTRACTOR, upon receipt of payment from the COUNTY an amount equal to the percentage of completion allowed to the CONTRACTOR an amount of such SUBCONTRACTOR’S work.

The CONTRACTOR shall also require each SUBCONTRACTOR to make similar payments to his SUBCONTRACTORS. If the EOR fails to issue a Certificate for Payment for any cause which is the fault of the CONTRACTOR and not the fault of a particular SUBCONTRACTOR, the CONTRACTOR shall pay that SUBCONTRACTOR on demand, made at any time after the Certificate of Payment should otherwise have been issued, for his WORK to the extent completed less the retained percentage.

Subcontractor Competency: Each Bidder must submit with his Bid/Proposal, or prior to Notice to Proceed, an accompanying letter in which he shall list the names and addresses of his subcontractors together with certification of their competency, qualifications and the services they will supply. These SUBCONTRACTORS will be subject to review as to their competency by the COUNTY prior to Notice to Proceed. After award of Contract no change in SUBCONTRACTORS shall be made unless approved by the COUNTY in writing after a request for such a change has been submitted in writing by the CONTRACTOR which shall include the reasons for such request.

Royalties and Patents: The CONTRACTOR shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights or copyrights and shall save the COUNTY harmless from loss on account thereof, except that the COUNTY shall be responsible for all such loss when a particular design, process, or the product of a particular manufacturer or manufacturers is specified, but if the CONTRACTOR has 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 EOR.

Requirements of Others: If laws, ordinance, rules, regulations or orders of any governmental agency having jurisdiction require any WORK to be inspected, tested or approved, the CONTRACTOR shall give the EOR timely notice of its readiness and of the date arranged so that EOR may observe such inspection, testing or approval. The CONTRACTOR shall bear all costs of such inspections, tests and approvals unless otherwise provided.

Claim for Additional Cost or Time: If the CONTRACTOR wishes to make a claim for an increase in the CONTRACT SUM or an extension in the CONTRACT TIME, he shall give the EOR written notice thereof within seven (7) calendar days, as defined in the specifications, after the occurrence of the event giving rise to such claim. This notice shall be given by the CONTRACTOR before proceeding to execute the WORK, except in an emergency endangering life or property in which case the CONTRACTOR shall proceed. No such claim shall be valid unless so made and properly documented as required by the specifications. Any increase in the CONTRACT SUM or CONTRACT TIME resulting from such claim shall be authorized by CHANGE ORDER. The failure by the CONTRACTOR to give such notice and to give such notice prior to executing the WORK shall constitute a waiver of any claim for additional compensation or extension of CONTRACT TIME.

In Connection with any Claim by the CONTRACTOR against the COUNTY for compensation in excess of the CONTRACT PRICE, any liability of the COUNTY for the CONTRACTOR’S cost shall be strictly limited to direct costs incurred by the CONTRACTOR and shall in no event include indirect costs or consequential damages of the CONTRACTOR. The COUNTY shall not be liable to the CONTRACTOR for claims of third parties, including SUBCONTRACTORS, unless and until liability of the CONTRACTOR has been established therefore in a court of competent jurisdiction.

As-Built Survey and As-Built Drawings: The COUNTY shall provide the CONTRACTOR with one (1) set of reproducible DRAWINGS of the WORK. The CONTRACTOR’S LAND SURVEYOR shall perform an AS- BUILT SURVEY and depict the results of said survey on the reproducible DRAWINGS. Each reproducible sheet of the DRAWINGS used by the survey shall be identified as “AS-BUILT SURVEY” and a copy shall be certified by the LAND SURVEYOR in responsible charge as meeting the Minimum Technical Standards set forth by the Florida Board of Land Surveyors pursuant to Chapter 472, Florida Statutes and Chapter 21HH-6, Florida Administrative Code. AS-BUILT SURVEYS shall document field measurements of vertical and/or horizontal dimensions, so that the constructed WORK can be delineated in such a way that the EOR may determine the substantial accuracy of the location of the construction. The AS-BUILT DRAWING submitted by the LAND SURVEYOR shall clearly show by symbols, notations, or delineation, the constructed work located by the field survey.

The horizontal accuracy of the AS-BUILT SURVEY shall be such that it may be determined whether the constructed work encroaches upon adjoining properties or whether it is properly placed on the property, in rights-of-way, or in easements provided for the WORK. The vertical and horizontal information shall be such that it may be determined by the EOR whether the work was constructed with substantial accuracy. Original field notes used in establishing horizontal and vertical information shall be submitted with all “As-Built” plans.

On the cover sheet…