12-Specification and Requirements - OPN2131278B1 - Guardrail, Fence Furnish and Install.pdf

SPECIFICATIONS AND REQUIREMENTS

GUARDRAIL, FENCE AND ACCESSORIES FURNISH AND INSTALL

SECTION A – GENERAL CONTRACT SPECIFICATIONS

1. SCOPE OF WORK

1.1. Furnish all labor, materials, equipment, supervision and incidentals required to perform guardrail installation, fence installation, guardrail repair activities, maintenance of traffic, miscellaneous guardrail and/or fence maintenance activities, installation of miscellaneous asphalt under guardrail and furnishing and delivering guardrail and/or fencing materials in a competent and professional manner in compliance with all applicable building, safety, technical and related codes and laws.

1.2. This is an open-end Contract, which means that it requires flexibility in order to have work done in any order, any quantity, at any time and at any location where roadway or bridge maintenance is needed.

1.3. The services to be provided under this Contract are essential to the function of Broward County and shall be available 24 hours a day, seven days a week, 365 days per year.

1.4. Services under this Contract can be issued anywhere within Broward County. There are no guarantees of minimum or maximum quantity or amount for a Purchase Order.

1.5. The Contractor will be required to: contribute to the planning of the Work; provide or contribute to Maintenance of Traffic planning; make brief written reports on work completed; and to work from informal instructions where these will suffice. Costs of such contributions are to be included in the unit prices and will not be measured separately for payment nor will there be any allowance provided. The individual FDOT Pay Items for work under this Contract shall include the furnishing of all labor, materials, equipment, and incidentals necessary to perform the task. Refer to each individual task for additional information.

2. DEFINITIONS

The following terms, when used in these Specifications, have the meaning described below. Additional definitions can be found in the Broward County Procurement Code, as amended.

2.1. Approved Equal and Approved Equivalent: A product determined by the Contract Administrator or his/her delegate to be greater or equal to the product specified in quality and performance.

2.2. Contract: Guardrail, Fence and Accessories Furnish and Install Contract. The entire binding agreement between the County and the Contractor. The Contract Documents form the Contract between the County and the Contractor setting forth the obligations of both parties, including, but not limited to, the performance of the work and the basis of payment.

2.3. The Contractor: The individual, firm or company contracting directly with the County to perform the work described in the Guardrail, Fence and Accessories Furnish and Install Contract, Contract Documents.

2.4. The Contract Administrator: The Director of the Broward County Highway and Bridge Maintenance Division as empowered by the Broward County Board of County Commissioners.

2.5. Contract Documents: The official documents that make up the Guardrail, Fence and Accessories Furnish and Install Contract, setting forth bidding information, bidding requirements, and contractual obligations. The Contract Documents include the Solicitation, Contractor’s Bid Proposal, Standard Instructions for Vendors, General Conditions (Quotation Requests and Invitations for Bids), Special Instructions for Vendors, all Certification Forms, Specifications (Guardrail, Fence and Accessories Furnish and Install Contract), Addenda, Exhibits, Record of Award by the Board, and Bond Documents. Where the Contract Documents reference any other standard, specifications or rule the applicable sections of those documents shall also be considered a Contract Document.

2.6. County: The Broward County Board of County Commissioners

2.7. Emergency: An imminent threat to public health, welfare, safety, property, or other substantial loss to the County.

2.8. Inspector: The individual assigned by the Project Manager to be responsible for field supervision of the work.

2.9. Maintenance of Traffic (MOT): Encompasses the planning, design, and implementation of temporary traffic control plans for the safe accommodation of vehicles, pedestrians, bicyclists, transit users, and construction workers through, and within, a roadway construction work zone or emergency incident area.

2.10. Notice to Proceed (NTP): The administrative directive from the County that authorizes the Contractor to commence permitting or work.

2.11. Project Manager: The County Project Manager who has been designated by the Contract Administrator to be responsible for the day-to-day administration of the Contract and ensure that the Contractor completes the project work assignment in a timely and efficient manner, in accordance with the Contract requirements. the Project Manager may delegate or designate authority to other County personnel when necessary.

2.12. Project Documents: The official documents describing and regulating the work to be performed for an individual project. Project Documents may include the Purchase Order, Project Scope, Notice to Proceed and Project Schedule.

2.13. Purchase Order (PO): A Purchase Order is issued to formalize a purchase transaction with the Contractor, conveying acceptance of the Contractor’s proposal. It is the budgetary authorization that assures that the funds have been encumbered within the County’s accounting system for reimbursement to the Contractor after completion of the work included in the Purchase Order.

2.14. Project Scope: A work summary issued for each project or group of projects/tasks, which may include formal plans/drawings and provisions, sketches, or brief handwritten instructions. This will identify the type, location, description, procedures, materials, and amount of work to be accomplished for the project/task.

2.15. Consultant: Architect or Engineer who has contracted with County, or who is an employee of County, to provide professional services for this Contract.

2.16. Construction: The process of building, altering, repairing, improving, or demolishing any public roadway, structure or building, or other public improvements of any kind to any public real property owned or under the control of Broward County. It does not include the routine operation, repair, or maintenance of existing roadways, structures, buildings, or other real property.

2.17. Engineer: The individual assigned by the Contract Administrator be responsible for managing the work.

2.18. Substantial Completion: Means that date, as finally determined by the Contract Administrator in the Contract Administrator’s sole discretion and set forth on a Certificated of Substantial Completion, on which the Work, or apportion thereof, is at a level of completion in substantial compliance with the Contract Documents such that all conditions of permits and regulatory agencies have been satisfied and County or its designee can enjoy use or occupancy and can use or operate it in all respects for its intended purpose. A Certificate of Occupancy (or a Temporary Certificate of Occupancy (“TCO”) or other alternate municipal/county authorization for limited or conditional occupancy acceptable to the Contract Administrator) must be issued for Substantial Completions to be achieved; however, the issuance of a Certificate of Occupancy will not, by itself, constitute the achievement of date of Substantial Completion.

3. GENERAL CONDITIONS FOR INDIVIDUAL PROJECTS

3.1. Projects shall include delivery and installation at locations countywide. The Contractor’s bid shall account for the fact that there are no minimum or maximum quantities assumed for each individual project. The Contractor shall furnish all materials, equipment, labor, and services that may be required for each individual project. All material and parts provided by the Contractor shall be new.

3.2. The Contractor agrees to cooperate and work with all Broward County divisions in scheduling work. The Contractor will be notified approximately ten (10) calendar days in advance of start date of a project, except during emergencies.

3.3. The work shall commence only when sufficient materials, equipment, personnel, and other necessities are available; the work will be carried out regularly, uninterrupted, and completed without delay. The Contractor is responsible for estimation of all materials necessary for completion of any project designated by the County.

3.4. The successful bidder will be required to obtain an annual Permit of Record from the Broward County Engineering Division (no fee/no additional security required) to cover all work performed within the County rights-of-way as a result of being awarded this Contract.

3.5. It is the intent of the County to describe in the Project Documents a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by the Contractor whether specifically called for. The County shall have no duties other than those duties and obligations expressly set forth within the Contract Documents.

3.6. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning.

3.7. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, whether such reference be specific or by implication, shall mean the latest standard specification, manual, or code in effect at the time of the bid submittal deadline and the Contractor shall comply therewith.

3.8. In any event, when any codes, specification, drawings, or other referenced document conflict, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the Project Manager for clarification and direction prior to commencing work or ordering materials.

3.9. The County’s duties and obligations are expressly set forth within the Contract Documents.

3.10. The Contractor shall comply with all referenced standard specifications, manuals, or codes of any technical society, organization, or association, whether such reference be specific or by implication. If the specific edition or year of the standard is not specified, the latest standard specification, manual, or code in effect at the time of the bid submittal deadline shall be used.

3.11. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by the Project Manager. The Contractor shall not proceed when in doubt as to any dimension or measurement but rather shall seek clarification from the Project Manager.

4. PURCHASE ORDER ISSUANCE AND ACCEPTANCE

4.1. The Work issued under this Contract will be assigned as individual projects/tasks. A project will be used to represent a repair task or a group of repair tasks to be accomplished at a location or locations. For each project or group of projects, a Purchase Order will be issued to the Contractor by the Project Manager.

4.2. Work shall only commence after the Purchase Order and NTP are issued in writing by the County and acknowledged in writing by the Contractor.

4.3. For non-emergency repair work, the Contractor shall meet with the Engineer and/or Project Manager at the job site within three (3) business days of initial contact for a new project. The Contractor shall send a qualified superintendent to attend a field review meeting. This superintendent shall be the same person who will be supervising the construction work to completely understand the scope of work.

4.4. By accepting the Purchase Order, the Contractor agrees that they have reviewed the Project Documents and will complete the project in the allowable time unless an excusable delay extends the project duration.

4.5. The Contractor shall be prepared to accept a Purchase Order for any of the work tasks of this Contract in any quantity, at any location in Broward County, to be performed with the Contractor’s own forces, or with the participation of its subcontractors.

4.6. The County expects to confer with the Contractor to resolve perceived problems with any specific Purchase Order. The Contractor shall not decline a Purchase Order issued under this Contract, nor delay the resolution of any problems concerning a Purchase Order.

4.7. The Contractor shall assist the County in preparing the Project Scope, upon request, by proposing repair methods or reviewing and commenting on repair methods proposed by the County. The Contractor shall attend a preconstruction scoping meeting, if requested. Costs for these efforts will be considered incidental to the work being performed and are included in the unit prices.

5. PRELIMINARY MATTERS

5.1. The Project Manager will schedule a preconstruction meeting before the Contractor starts the work at the project site. The Contractor shall send a qualified representative to attend the meeting who has full decision-making authority for the project and who will be assigned to the project full time, as well as a qualified representative from all subcontractors to be used on the project.

5.2. The preconstruction meeting is held to establish a working understanding of the Project Scope and to discuss the project schedule, procedures for shop drawing submittal, project submittals and applications for payment.

6. LABOR AND MATERIALS

6.1. Unless otherwise stated herein, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, 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.

6.2. The Contractor shall at all times enforce strict discipline and good order among its personnel, and subcontractors’ personnel, subcontractors, and subconsultants at the job site, and shall provide personnel that are fit and skilled in the work to which they are assigned. Professional conduct and behavior of the Contractor’s personnel and subcontractors is required by the County at all times.

6.3. Any personnel considered to be conducting themselves in a manner contrary to this Contract will, at the sole discretion of the Project Manager with approval from the Contract Administrator, be asked to leave the job site. The Contractor will be required to provide an immediate replacement for which no additional compensation for time, materials, or any other damages will be permitted.

6.4. Any of the Contractor’s or subcontractor’s personnel removed from service under this Contract shall be replaced by other qualified and experienced personnel as per the terms of this Contract. Failure to provide a replacement shall result in suspension of work, that would have otherwise been performed by the personnel, until the replacement personnel are approved by the Project Manager.

7. SUPERINTENDENCE AND SUPERVISION

7.1. The orders of the County are to be given through the Project Manager, whose instructions are to be strictly and promptly followed in every case. The Contractor project construction activities shall be managed by a full-time competent English-speaking superintendent and any necessary assistants, all satisfactory to the Project Manager. The superintendent shall not be changed except with the written consent of the Project Manager, unless the superintendent proves to be unsatisfactory to the Contractor and/or ceases to be in its employment. The superintendent shall represent the Contractor and all directions given to the superintendent shall be binding as if given to the Contractor and will be confirmed in writing by the Project Manager at the written request of the Contractor. Contractor shall give efficient supervision to the work, using its best skill and attention.

7.2. Daily, the Contractor’s superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the project site; visitors to the project site, including representatives of the County, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by the County. An electronic daily log will also be acceptable.

7.3. The Contractor and the Project Manager shall meet at least every two (2) weeks or as determined by the Contract Administrator, during the course of the work to review and agree upon the work performed to date and to establish the controlling items of work for the next two (2) weeks. The Project Manager shall publish, keep, and distribute minutes and any comments thereto of each such meeting.

7.4. If the Contractor, in the course of prosecuting the work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be the Contractor’s duty to immediately inform the Project Manager, in writing, and the Project Manager will promptly review the same. Any work done after such discovery, until authorized, will be done at the Contractor’s sole risk.

7.5. The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Project Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

8. LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS

8.1. The Contractor shall conform to and obey all applicable laws, regulations, or ordinances regarding labor employed, hours of work and the Contractor’s general operations. The Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railways, highways, or waterways, without the written consent of the proper authorities.

8.2. Due to maintenance of traffic considerations, work shall primarily be between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday (referred to as business hours).

8.3. When non-business hours work is required, work hours will be established by the Project Manager.

8.4. No additional compensation shall be given to the Contractor or its subcontractors for work during non-business hours.

9. PERMITS, LICENSES, AND IMPACT FEES

9.1. All permits and licenses required by federal, state, or local laws, rules, and regulations necessary for the prosecution of the work undertaken by the Contractor pursuant to this Contract shall be secured and paid for by the Contractor. The Contractor shall be reimbursed only for the actual amount of the permit and/or licenses fee(s) as evidenced by an invoice or other acceptable documentation issued by the permitting agency.

Contractor shall have and maintain appropriate Certificate(s) of Competency, valid for the work to be performed and valid for the jurisdiction in which the work is to be performed, for all persons working on the Project for whom a Certificate of Competency is required. Certificates of Competency for all subcontractors performing work on the project shall be submitted to the Project Manager at the start of the project.

9.2. Contractor shall pay all impact fees levied by any municipality. The Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to the Contractor in no event shall include profit or overhead of the Contractor.

10. CONTRACTOR TO CHECK PLANS, SPECIFICATIONS AND DATA

10.1. The Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from the Project Manager, and shall notify the Project Manager of all errors, omissions and discrepancies found therein within three (3) business days of discovery. The Contractor will not be allowed to take advantage of any error, omission, or discrepancy to not stop or delay work, because the Project Manager will advise the Contractor how to proceed to avoid stoppage or delay of work. The Contractor shall not be liable for damages resulting from errors, omissions, or discrepancies in the Contract Documents unless the Contractor recognized such error, omission, or discrepancy and failed to report it to the Project Manager.

11. PLANS AND WORKING DRAWING

11.1. The County shall have the right to modify and supplement the Project Scope with additional plans, drawings, or additional information as the work proceeds, all of which shall be considered as part of the Project Documents. In case of disagreement between the written and graphic portions of the Project Documents, the written portion shall govern.

11.2. When, in the opinion of the Project Manager, it becomes necessary to explain the work to be done more fully, to illustrate the work further, or to show any changes which may be required, supplementary drawings, with specifications, will be prepared by the Project Manager.

11.3. The supplementary drawings shall be binding upon the Contractor with the same force as the Project Documents. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made.

12. FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS

12.1. The Project Manager shall have the right to approve and issue field orders setting forth written interpretations of the intent of the Project Documents and ordering minor changes in work. Field Orders may not change the Contract requirements, price or contract time.

12.2. The Project Manager shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning the Project Documents or performance of the work.

Supplemental instructions may not change the requirements.

13. SHOP DRAWINGS

13.1. The Contractor shall submit shop drawings as required by the Contract Documents. The purpose of the shop drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, dimensions of the item and evidence of its compliance or noncompliance with the Contract Documents.

13.2. The Contractor shall thoroughly review and check the shop drawings and shall approve each and every copy by initialing same and shall transmit a letter of approval to the Project Manager.

13.3. If the shop drawings show or indicate departures from the contract requirements, the Contractor shall specify such departures and make specific mention thereof in its letter of transmittal to the Project Manager. Failure to point out such departures shall not relieve the Contractor from its responsibility to comply with the Contract Documents.

13.4. The Project Manager shall review and approve shop drawings within twenty-one (21) calendar days after the date received, unless said shop drawings are rejected by the Project Manager for material reasons. The Project Manager's approval of shop drawings will be general and shall not relieve the Contractor of responsibility for the accuracy of such shop drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents but not indicated on the shop drawings. No work called for by shop drawings shall be performed until the said shop drawings have been approved by the Project Manager. Approval by the Project Managers shall not relieve the Contractor from responsibility for errors or omissions of any sort on the shop drawings. The County will not be responsible for any additional costs resulting from errors or omissions on the shop drawings.

13.5. No approval will be given to partial submittals of shop drawings for items that interconnect or are interdependent where necessary to properly evaluate the design. It is the Contractor’s responsibility to assemble the shop drawings for all such interconnecting or interdependent items, check such items, and then make one submittal to the County along with the Contractor’s comments as to compliance, noncompliance, or features requiring special attention.

13.6. If catalog sheets or prints of manufacturers' standard drawings are submitted as shop drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink.

13.7. The Contractor shall submit the number of copies required by the Project Manager. Resubmissions of shop drawings shall be made in the same quantity until final approval is obtained.

13.8. The Contractor shall keep one set of shop drawings marked with the Project Manager approval at the job site at all times.

14. FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS

14.1. The entire responsibility for establishing and maintaining line and grade in the field lies with the Contractor.

When the Project Manager requires record drawings, the Contractor shall maintain an accurate and precise record of the location and elevation of all pipelines, conduits, structures, maintenance access structures, handholes, fittings and the like, and shall prepare record or "as-built" drawings of the same, which must be sealed by a Professional Surveyor. The Contractor shall deliver these records in good order to the Project Manager as the work is completed. All record drawings shall be made on reproducible paper and shall be delivered to the Project Manager prior to, and as a condition of, final payment.

14.2. The Contractor shall maintain in a safe place at the project site one record copy of all drawings, plans, specifications, addenda, written amendments, field orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a copy of all approved shop drawings shall be available at all times to the Project Manager for reference. Upon final completion of the project and prior to final payment, these record documents, samples, and shop drawings shall be delivered to the Project Manager.

15. INSPECTION OF WORK

15.1. The County personnel shall at all times have access to the work, and the Contractor shall provide access for inspecting, measuring, and testing.

15.1.1. Should the Project Manual, the Project Manager's instructions, any laws, ordinances, or any public authority require any of the work to be specially tested or approved, the Contractor shall give the Project Manager timely notice of readiness of the work for testing. If the testing or approval is to be made by an authority other than the County, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the work is covered up without approval or consent of the Project Manager, it must, if required by the Project Manager, be uncovered for examination, and properly restored at the Contractor’s expense.

15.1.2. Reexamination of any of the work may be ordered by the Project Manager with prior written approval by the Contract Administrator, and if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the County shall pay the cost of reexamination and replacement. If such work is not in accordance with the Project Manual, the Contractor shall pay such cost.

15.2. Inspectors shall have no authority to permit deviations from, or to relax or waive, any of the provisions of the Contract Documents, or to delay the project by failure to inspect the materials and work with reasonable promptness, without the written permission or instruction of the Project Manager.

15.3. The payment of any compensation, the giving of any gratuity, or the granting of any favor, of any character or form, by the Contractor to any inspector or Project Manager, directly or indirectly, is strictly prohibited, and any such act on the part of the Contractor will constitute a breach of this Contract.

15.4. Projects shall pass Broward County Traffic Engineering Inspections, if applicable.

16. DEFECTIVE WORK

16.1. The Project Manager shall have the authority to reject or disapprove work that he finds to be defective. If required in writing by the Project Manager, the Contractor shall promptly either correct all defective work or remove such defective work and replace it with non-defective work. The Contractor shall bear all direct, indirect, and consequential costs of such removal or corrections including cost of testing laboratories and personnel.

16.2. Should the Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the Project Manager, the Contract Administrator shall have the authority to cause the defective work to be removed or corrected or make such repairs as may be necessary at the Contractor’s expense. Any expense incurred by the County in making such removals, corrections, or repairs, shall be paid for out of any monies due or which may become due to the Contractor, or charged against the Performance Bond. In the event of failure of the Contractor to make all necessary repairs promptly and fully, the County may declare the Contractor in default.

16.3. If, within one (1) year after the date of final acceptance or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Project Documents, or by any specific provision of the Project Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor, after receipt of written notice from the County, shall promptly correct such defective or nonconforming work within the time specified by the County, without cost to the County. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation that the Contractor might have under the Project Documents.

16.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered.

17. SUBCONTRACTS

17.1. Each subcontractor must possess certificates of competency and licenses required by law. The certificates of competency shall be submitted to the Project Manager at the start of the project. The Contractor shall notify the Project Manager of any change in subcontractors.

17.2. The Contractor shall not employ any subcontractor against whom the County may have a reasonable objection. The Contractor shall not be required to employ any subcontractor against whom the Contractor has a reasonable objection.

17.3. The Contractor shall be fully responsible for all acts and omissions of its subcontractors, persons directly or indirectly employed by its subcontractors, persons for whose acts any of its subconsultants may be liable to the same extent that the Contractor is responsible for the acts and omissions of persons directly employed by

it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and the County or any obligation on the part of the County to pay or to see the payment of any monies due to any subcontractor. The County may furnish to any subcontractor evidence of amounts paid to the Contractor on account of specific work performed.

17.4. The Contractor shall bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the County.

18. SEPARATE CONTRACTS

18.1. The County has the right to enter into contracts with other parties in connection with this Contract. The Contractor shall afford such other parties’ reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this work with theirs.

18.2. If any part of the Contractor’s work depends for proper execution or results on the work of any third parties, the Contractor shall inspect and promptly report to the Project Manager any defects in such work that render it unsuitable for such proper execution and results of the Contractor’s work. The Contractor’s failure to so inspect and report shall constitute an acceptance of the third party’s work as fit and proper for the performance of the Contractor’s work, except as to defects which may develop in the third party’s work after the execution of the Contractor’s work.

18.3. The Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the work so as to not interfere with or impact any other Contractor on the site. Should such interference or impact occur, the Contractor shall indemnify County from a liability to the affected Contractor related to such interference or impact.

18.4. To ensure the proper execution of subsequent work, the Contractor shall inspect the work already in place and shall immediately report to the Project Manager any discrepancy between the executed work and the requirements of the Project Documents.

19. RIGHTS OF VARIOUS INTERESTS

19.1. Whenever work being done by the County's forces or by other Contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony.

20. USE OF COMPLETED PORTIONS

20.1. The County shall have the right at its sole option to take possession of and use any completed or partially completed portions of the project (“Designated Area”). Such possession and use shall not be deemed an acceptance of any of the work not completed in accordance with the Project Documents. If such possession and use increase the cost of or delays the work, the Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as approved by the Project Manager.

20.2. In the event the County decides to take possession of any completed or partially completed portions of the project, the following shall occur:

20.2.1. The County shall give notice to the Contractor in writing at least thirty (30) calendar days prior to the County's intended occupancy of a designated area.

20.2.2. The Contractor shall complete work in the designated area and request partial acceptance of the project for the designated area.

20.2.3. The Project Manager shall inspect or cause to have inspected the designated area and either issue partial acceptance of the project for the designated area or issue a written punch-list with items for the Contractor to correct and the allowable time to have the corrections made.

20.2.4. The Contractor shall complete all punch-list items and request final inspection within the time specified by the Project Manager. Upon completion of the final inspection, the Project Manager shall issue partial acceptance of the project for the designated area.

20.2.5. If the County finds it necessary to occupy or use a portion or portions of the work prior to Partial Acceptance, such occupancy or use shall not commence prior to a time mutually agreed upon by the County and the Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

21. LANDS OF WORK

21.1. The County shall provide, as may be indicated in the Project Documents, the lands upon which the work is to be performed, rights-of-way and easements for access thereto, and such other lands as are designated by the County for the use of the Contractor.

21.2. The Contractor shall obtain, at the Contractor’s own expense and without liability to the County, any additional rights to land and access thereto that may be required for temporary construction facilities, temporary easements, or for storage of materials. The Contractor shall furnish to the County copies of written permission obtained by the Contractor from the owners of such land.

22. REMOVAL OF EQUIPMENT

22.1. In case of termination of the Contract before completion for any cause whatsoever, the Contractor, if notified to do so by the County, shall promptly remove any part or all of the Contractor’s equipment and supplies from the property of the County and the public right of way, failing which the County shall have the right to remove such equipment and supplies at the expense of the Contractor.

23. SAFETY AND PROTECTION

23.1. The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the project. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

23.1.1. All employees on the work site and other persons who may be affected thereby.

23.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and

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

23.2. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect person or property from damage, injury or loss, and Contractor shall erect and maintain all necessary safeguards for such safety and protection.

The Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury, or loss to any property caused directly or indirectly, in whole or in part, by the Contractor, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be repaired or remedied by the Contractor. The Contractor’s duties and responsibilities for the safety and protection of the work shall continue until such time as all the work is completed and final acceptance has been issued.

23.3. The Contractor shall designate a responsible member of its organization at the work site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated in writing by the Contractor to the County.

24. CONTRACTOR’S RESPONSIBILITY FOR DAMAGES AND ACCIDENTS

24.1. The Contractor shall accept full responsibility for the completed work against all loss or damage of whatsoever nature sustained until final acceptance by the County and shall promptly repair any damage done from any cause whatsoever at no additional cost to the County.

24.2. The Contractor shall be responsible for all materials, equipment and supplies pertaining to the project. In the event any such materials, equipment or supplies are lost, stolen, damaged or destroyed prior to final acceptance by the County, the Contractor shall replace same without cost to the County.

25. LOCATION AND DAMAGE TO EXISTING FACILITIES, EQUIPMENT OR UTILITIES

25.1. The County does not represent or warrant that all lines are shown in the Project Documents, or that the ones indicated are in their true location. The Contractor must identify and locate all underground and overhead utility lines or equipment affecting or affected by the project. The Contractor will not be entitled to any additional payment or extension of time due to discrepancies between actual location of utilities and plan location of utilities.

25.2. The Contractor shall notify each utility company with facilities in the project site, at least thirty (30) calendar days prior to the start of construction, to arrange for positive underground location, relocation, or support of its utility where that utility may be in conflict with or endangered by the work. The cost of relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. The Contractor will not be entitled to any additional compensation or extension of time for any delay associated with utility location or support.

25.3. The Contractor shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with all public and private utility providers occupying the right-of-way. The Contractor will not be entitled to any additional compensation or extension of time for delay associated with utility relocation or support.

25.4. The Contractor shall protect all overhead, surface or underground structures and utilities from damage or displacement. The Contractor will promptly and completely repair all damage to such structures within a reasonable time. All damage to such structures is to be completely repaired within a reasonable time;

needless delay will not be tolerated. The County reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling.

26. PROJECT SCHEDULE

26.1. Prior to starting work, the Contractor shall submit a project schedule showing the order in which the Contractor proposes to complete the work. The schedule shall identify all major items of work as separate activities and provide the start date, completion date and estimated duration for each activity.

26.2. The schedule shall follow the Gantt format and clearly indicate the critical path, and all activities associated with it. All activity relationships and dependencies shall be clearly legible.

26.3. Include activities for review time of shop drawings and submittals and procurement and delivery of materials and equipment when the duration exceeds 7 calendar days.

26.4. Include time after completion of the work for submittal and review of the final project invoice.

26.5. No work activity in the schedule will have a duration greater than 30 calendar days unless previously approved by the Project Manager.

26.6. The project schedule shall be presented with the Contractor’s estimate. Schedule updates shall be submitted monthly or sooner if significant impacts to the schedule occur.

26.7. The construction schedule shall be submitted as a PDF. Every schedule update shall show the actual start and completion dates of activities that have commenced or completed.

26.8. The Contractor shall provide a schedule summary with the schedule update. The schedule summary shall discuss the Contractors progress on the project and provide a recovery plan if the project is more than 7 calendar days behind schedule. The schedule summary shall discuss any changes in dependencies or duration for activities that have not been completed.

26.9. Any request for a time extension shall include an updated project schedule.

26.10. Any invoice shall include an updated project schedule.

27. CONSENT OF SURETY

27.1. Contractor shall submit with each invoice, a consent of surety and updated project schedule. The invoice shall not be processed without these documents.

28. CONTINUING THE WORK

28.1. The Contractor shall carry on the work and adhere to the progress schedule during all disputes or disagreements with the County. The work shall not be delayed or postponed pending resolution of any disputes or disagreements.

29. FINAL ACCEPTANCE

29.1. Upon submittal of written notification from the Contractor that all project work has been completed, the Project Manager will inspect for acceptance. The inspection will be made within five (5) business days of receiving notification.

29.2. If the Project Manager finds that all work has been satisfactorily completed, the County will consider such inspection as the final inspection.

29.3. If any of the Work is found to be unsatisfactory, the Project Manager will detail the remedial work required to achieve acceptance in a punch list and submit the written punch list to the Contractor.

29.4. The Contractor will immediately perform the remedial work and submit written notification to the Project Manager when the remedial work is completed.

29.5. Upon satisfactory completion of the work, the County will submit a written notice of final acceptance to the Contractor.

29.6. Project time will continue after final acceptance until the final project invoice is submitted and approved.

30. LIQUIDATED DAMAGES

30.1. If the Contractor fails to complete the project within the time stipulated in the Project Documents or within extra time the County may have granted, the Contractor shall pay to the County not as a penalty but, as liquidated damages per calendar day, the amount listed in Table 1 corresponding to the amount of the Purchase Order for the project and stated in each Purchase Order for the project. The Contractor agrees that the amount has been agreed upon due to the difficulty in determining the actual damages that will be suffered by the County in the event of failure to complete the Project on time.

30.2. The County has the right to apply, as payment on such liquidated damages, any money the County owes the Contractor.

30.3. The County considers the project complete when the Contractor has completed all work, and the County has accepted the work in accordance with Article 29 “Final Acceptance.”

30.4. The work to be performed under this Contract for each individual project shall commence on the date stated in the Notice to Proceed, which will not be issued until receipt of all required documents.

30.5. The work for each project shall be completed and Final Accepted within the allowable time listed in the Project Documents. Allowable time will be measured from the Notice to Proceed date for the project.

30.6. Upon failure of the Vendor to complete a project awarded pursuant to this Contract within the specified period of time (plus approved extensions, if any) the Vendor shall pay to County the sums listed in Table 1 for each calendar day (plus approved extensions) after the time specified for completion and readiness for final payment.

Table 1: Liquidated Damages Amounts

INDIVIDUAL PROJECT AMOUNT DAILY CHARGE PER CALENDAR DAY

$299,999 and under $904

$300,000 but less than $2,000.000 $1,685

$2,000,000 but less than $5,000,000 $2,667

$5,000,000 but less than $10,000,000 $3,813

$10,000,000 and over $5,021 plus 0.00005 of any amounts over $10 million (Round to nearest whole dollar)

30.7. PEAK-HOUR LANE CLOSURES: Peak-hour Lane closures will be prohibited unless all viable alternatives have been explored and reasons for the closures are warranted, justified, and documented. Peak-hour Lane closures proposed by the Contractor must be in writing by the County, otherwise they are expressly prohibited.

Failure of a Contractor to comply with this requirement will result in assessment of liquidated damages in the amount of $400.00 for each occurrence of a prohibited peak-hour lane closure plus $120.00 for each ensuing thirty (30) minute interval. The maximum amount of Liquidated Damages per day for peak-hour lane closures shall not exceed the values listed in Table 1.

31. WEATHER

31.1. Extensions to the Contract time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract time. Time extensions are justified only when rain or other inclement weather conditions, or related adverse soil conditions prevent the Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in:

31.1.1. The Contractor being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or

31.1.2. The Contractor must make major repairs to the work damaged by weather. Providing the damage was not attributable to a failure to perform or negligence by the Contractor, and providing that the Contractor was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates.

32. NOTIFICATION AND CLAIM FOR CHANGE OF PROJECT TIME OR PROJECT PRICE

32.1. Any claim for a change in the project time or project price shall be made by written notice by Contractor to the Project Manager within five (5) business days of the commencement of the event giving rise to the claim or Contractor’s knowledge of the claim and the notice shall state the general nature and cause of the claim.

Thereafter, within seven (7) business days after the termination of the event giving rise to the claim or the

Contractor’s knowledge of the claim, the Contractor shall submit written notice of the extent of the claim with supporting information…