SECTION A – GENERAL CONTRACT SPECIFICATIONS

1. SCOPE OF WORK

1.1 Furnish all labor, materials, equipment, supervision, and incidentals required to perform roadway milling, resurfacing, pavement marking, miscellaneous pavement repair activities, roadway construction and maintenance and maintenance of traffic 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 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 including installed quantities; 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 Florida Department of Transportation (FDOT) Pay Items for work under this Contract shall include the furnishing of all labor, materials, equipment, and incidentals necessary to perform each 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: Pavement Resurfacing and Repair Services Contract. The entire binding agreement between County and Contractor. The Contract Documents form the Contract between County and 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. Contractor: The individual, firm or company contracting directly with County to perform the work described in the Pavement Resurfacing and Repairs 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 Pavement Resurfacing and Repairs

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 (Pavement Resurfacing and Repairs 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 eminent threat to public health, welfare, safety, property, or other substantial loss to 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 County that authorizes Contractor to commence permitting or work.

2.11. Project Manager: County Project Manager who has been designated by the Contract Administrator to be responsible for the day-to-day administration of the Contract and ensuring that 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

Contractor, conveying acceptance of Contractor’s proposal. It is the budgetary authorization that assures that the funds have been encumbered within County’s accounting system for reimbursement to Contractor after completion of the work included in the PO.

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 Highway and Bridge Maintenance Director to be responsible for administering construction and maintenance projects and provides on-site technical assistance and support.

3. GENERAL CONDITIONS FOR INDIVIDUAL PROJECTS

3.1. Projects shall include delivery and installation at locations countywide. Contractor’s bid shall account for the fact that there are no minimum or maximum quantities assumed for each individual project.

Contractor shall furnish all materials, equipment, labor, and services that may be required for each individual project. All material and parts provided by Contractor shall be new.

3.2. Contractor agrees to cooperate and work with all Broward County divisions in scheduling work.

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. Contractor is responsible for estimation of all materials necessary for completion of any project designated by 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 County rights-of-way as a result of being awarded this Contract.

3.5. It is the intent of 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 Contractor whether specifically called for. 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 references 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 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. County’s duties and obligations are expressly set forth within the Contract Documents.

3.10. 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. 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 Contractor by the Project Manager.

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

4.3. For non-emergency repair work, Contractor shall meet with the Engineer and/or Project Manager at the job site within three business days of initial contact for a new project. 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, 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. 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 Contractor’s own forces, or with the participation of its subcontractors.

4.6. County expects to confer with Contractor to resolve perceived problems with any specific Purchase

Order. Contractor shall not decline a Purchase Order issued under this Contract, nor delay the resolution of any problems concerning a Purchase Order.

4.7. Contractor shall assist County in preparing the Project Scope, upon request, by proposing repair methods or reviewing and commenting on repair methods proposed by County. Contractor shall attend a preconstruction scope definition 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 Contractor starts the work at the project site. 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.

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, 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. Contractor shall, at all times, enforce strict discipline and good order among its personnel and 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 Contractor’s personnel and subcontractors is required by 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. 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 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 is approved by the Project Manager.

7. SUPERINTENDENCE AND SUPERVISION

7.1. The orders of County are to be given through the Project Manager, whose instructions are to be strictly and promptly followed in every case. Contractor shall keep on the project 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 Contractor and ceases to be in its employment. The superintendent shall represent Contractor and all directions given to the superintendent shall be binding as if given to Contractor. Verbal directions given to Contractor will be confirmed in writing by the Project Manager upon request of Contractor.

7.2. Daily, 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 County or 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 County.

7.3. Contractor and the Project Manager shall meet at least every two 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 weeks. The Project Manager shall publish, keep, and distribute minutes and any comments of each such meeting.

7.4. If 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 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 a discovery, until authorized, will be done at Contractor’s sole risk.

7.5. 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. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

8. LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS

8.1. Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor’s operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, 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 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 Contractor pursuant to this Contract shall be secured and paid for by Contractor. 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. It is Contractor’s responsibility to 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.

9.2. Impact fees levied by any municipality shall be paid by Contractor. 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 Contractor in no event shall include profit or overhead of Contractor.

10. CONTRACTOR TO CHECK PLANS, SPECIFICATIONS AND DATA

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 business days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by the Project Manager. Contractor shall not be liable for damages resulting from errors, omissions, or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to the Project Manager.

11. PLANS AND WORKING DRAWING

11.1. County shall have the right to modify and supplement the Project Scope with additional plans, drawings, or additional information as the work proceeds, all to 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 that may be required, supplementary drawings, with specifications, will be prepared by the Project Manager.

11.3. The supplementary drawings shall be binding upon 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 execution, providing the field order does not change the project price or the project 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, provided such supplemental instructions involve no change in the project price or the project time.

13. SHOP DRAWINGS

13.1. 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. Contractor shall thoroughly review and check the shop drawings, and every copy shall show this approval thereon.

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

13.4. The Project Manager shall review and approve or reject shop drawings within 21 calendar days from the date received. The Project Manager's approval of shop drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the drawings. No work called for by shop drawings shall be performed until the drawings have been approved by the Project Manager. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort 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 Contractor’s responsibility to assemble the shop drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to County along with its 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. 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. 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 Contractor. When the Project Manager requires record drawings, 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 are sealed by a Professional Surveyor. 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. 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. County personnel shall always have access to the work, and 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, 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 County, timely notice shall be given of the date fixed for such testing. Testing shall be done promptly, and, where practicable, at the source of supply. If any of the work should be 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 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 ordered, the work must be uncovered by Contractor.

If such work is found to be in accordance with the Contract Documents, County shall pay the cost of reexamination and replacement. If such work is not in accordance with the Project Manual, Contractor shall pay such costs.

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 Contract 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 Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract.

15.4. Projects shall pass Broward County Traffic Engineering Inspections.

16. DEFECTIVE WORK

16.1. The Project Manager shall have the authority to reject or disapprove of work that the Project Manager finds to be defective. If required in writing by the Project Manager, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non-defective work.

Contractor shall bear all direct, indirect, and consequential costs of such removal or corrections including costs of maintenance of traffic, testing laboratories and personnel.

16.2. Should Contractor fail to 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 Contractor’s expense. Any expense incurred by County in making such removals, corrections, or repairs, must, at County’s election, be paid out of any monies due or which may become due to Contractor, or charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, County may declare Contractor in default.

16.3. If, within one 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, Contractor, after receipt of written notice from County, shall promptly correct such defective or nonconforming work within the time specified by County, without cost to County. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation 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 a defect is discovered.

17. SUBCONTRACTS

17.1. Each subcontractor must possess certificates of competency and licenses required by law.

Contractor shall have a continuing obligation to notify the Project Manager of any change in subcontractors.

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

17.3. 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 its Subcontractors may be liable to the same extent that 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 County or any obligation on the part of County to pay or to see the payment of any monies due to any subcontractor. County may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed.

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

18. SEPARATE CONTRACTS

18.1. The County has the right to enter into contracts with other parties in connection with this Contract.

Contractor shall afford other persons 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 Contractor’s work depends for proper execution or results upon the work of any third party, 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 Contractor’s work. Contractor’s failure to inspect and report shall constitute an acceptance of the third party’s work as fit and proper for the performance of Contractor’s work, except as to defects which may develop in the third parties’ work after the execution of Contractor’s work.

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

18.4. To ensure the proper execution of subsequent work, 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

Whenever work being done by 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. County has the right at its sole option to take possession of and use any completed or partially completed portions of the project. 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, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as approved by the Project Manager.

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

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

20.2.2. 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 Contractor to correct and the allowable time to have the corrections made.

20.2.4. 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 County decides 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 County and 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 Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld.

21. LANDS FOR WORK

21.1. 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 County for the use of Contractor.

21.2. Contractor shall obtain, at Contractor’s own expense and without liability to County, any additional land and access thereto that may be required for temporary construction facilities, temporary easements, or for storage of equipment and materials. Contractor shall furnish to County copies of written permission obtained by 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, Contractor, if notified to do so by County, shall promptly remove Contractor’s equipment and supplies from County property and the public right of way. If Contractor’s equipment and supplies are not removed, County shall have the right to remove such equipment and supplies at the expense of Contractor.

23. SAFETY AND PROTECTION

23.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the project. 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, irrigation, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement during construction.

23.2. Contractor shall comply with all applicable law 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. 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 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 remedied by Contractor. 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. 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 Contractor’s superintendent unless otherwise designated in writing by Contractor to County.

24. CONTRACTOR’S RESPONSIBILITY FOR DAMAGES AND ACCIDENTS

24.1. Contractor shall accept full responsibility for the work against all loss or damage of whatsoever nature sustained until final acceptance by County. Contractor shall promptly repair any damage done from any cause whatsoever.

24.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the project.

In the event any materials, equipment or supplies are lost, stolen, damaged or destroyed prior to final acceptance by County, Contractor shall replace same without cost to County.

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

25.1. County does not represent or guarantee that all existing utility lines are shown in the Project Documents, or that the ones indicated are in their true location. Contractor must identify and locate all underground and overhead utility lines or equipment affecting or affected by the project.

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. Contractor shall notify each utility company with facilities at the project site 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 Contractor shall be paid by Contractor. All charges by utility companies for temporary support of their utilities shall be paid for by Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved.

Contractor will not be entitled to any additional payment or extension of time for utility relocations, regardless of reason for relocation.

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

25.4. Contractor shall protect all overhead, surface or underground structures and utilities from damage or displacement. Contractor will promptly and completely repair all damage to such structures within a reasonable time. All repairs are to be inspected by the utility owner prior to backfilling. County reserves the right to remedy such damage by making such repairs to be made at the expense of Contractor. County’s expense in causing such repairs shall be deducted from Contractor’s next Application for Payment.

26. PROJECT SCHEDULE

26.1. Prior to starting work, Contractor shall submit a project schedule showing the order in which 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 reviewing time of shop drawings and submittals and procurement and delivery of materials and equipment when the duration exceeds seven 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 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 Portable Document Format (PDF). Every schedule update shall show the actual start and completion dates of activities that have commenced or completed.

26.8. Contractor shall provide a schedule summary with the schedule update. The schedule summary shall discuss Contractor’s progress on the project and provide a recovery plan if the project is more than seven 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. All invoices shall include an updated project schedule.

27. CONSENT OF SURETY

Contractor shall submit with each invoice a consent of surety and updated project schedule. Without these documents the invoice cannot be processed.

28. CONTINUING THE WORK

Contractor shall carry on the work and adhere to the progress schedule during all disputes or disagreements with 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 form Contractor that all project work has been completed, the Project Manager will inspect for acceptance. The inspection will be conducted within five business days of receiving notification.

29.2. If the Project Manager finds that all work has been satisfactorily completed, 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 Contractor.

29.4. 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, County will submit a Construction Completion Certificate to 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 Contractor fails to complete the project within the time stipulated in the Project Documents or within extra time County may have granted, Contractor shall pay to County not as a penalty but, as liquidated damages per calendar day, the amount listed in Section 8-10.2 of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, July 2021, corresponding to the amount of the Purchase Order for the project. Contractor agrees that the amount has been agreed upon due to the difficulty in determining the actual damages that will be suffered by County in the event of failure completing the Project on time.

30.2. County is authorized to deduct liquidated damages amount from the monies due to Contractor for the work under this Contract, or as much thereof as County may, at its own option, deem just and reasonable.

30.3. County considers the project complete when Contractor has completed all work and 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 be commenced on the date stated in the Notice to Proceed, which will not be issued until receipt of all required documents.

30.5. The work shall be completed and ready for final payment per schedule identified in the Notice to

Proceed and mutually agreed upon by County and Contractor.

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

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 but less than $20,000,000. $5,021

$20,000,000 but less than $40,000,000. $7,442

$40,000,000 and over. $10,224 plus 0.00005 of any amounts over $40 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 Contractor must be in writing by 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 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 rains, other inclement weather conditions, or related adverse soil conditions prevent Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in:

31.1.1. 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. 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 Contractor, and providing that 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 to the Project Manager within five calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Within seven calendar days of the termination of the event giving rise to the claim, Contractor shall submit written notice of the extent of the claim with supporting information and documentation. Such notice shall be accompanied by a written certified statement that the adjustment claimed is the entire adjustment to which Contractor has reason to believe it is entitled to as a result of the occurrence of said event.

32.2. All claims for changes in the project time or project price shall be determined by the Contract

Administrator if the Project Manager and Contractor cannot otherwise agree. IT IS EXPRESSLY AND

SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE PROJECT TIME

OR PROJECT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH

THE REQUIREMENTS OF THIS SECTION.

32.3. The Project’s time will be extended in an amount equal to time lost on critical work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is as provided in Section 31.1. Such delays shall include, but are not limited to, acts, omissions neglect by any other contractor employed by County, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God.

33. NO DAMAGES FOR DELAY

33.1. No claim for damages or any claim, other than for an extension of time, shall be made or asserted against County by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Project’s price or compensation of any kind from County for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising from delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, avoidable or unavoidable. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith, or active interference on the part of County.

34. EXCUSABLE DELAY

34.1. Excusable delay. Delay that extends the completion of the work, that is caused by circumstances beyond the control of Contractor, or its subcontractors, suppliers or vendors are excusable delays.

34.2. Contractor is entitled to a time extension of the allowable project time for each day the work is delayed due to excusable delay. Contractor shall document its claim for any time extension as provided in Article 32.

35. DIFFERING SITE CONDITIONS

35.1. If during the progress of the work, Contractor encounters subsurface or concealed conditions at the project site that differ materially from those indicated in the Project Documents or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Project Documents, are encountered at the site, Contractor, without disturbing the conditions and before performing any work affected by such conditions, shall, within 24 hours of their discovery, notify Project Manager in writing of the existence of the aforesaid conditions.

35.2.