2-3. MASTER MAINT SPEC -TOC SECTIONS 1-2.docx

MASTER MAINTENANCE SPECIFICATIONS – TOC SECTIONS 1-2

Table of Contents

SPECIAL PROVISIONS

EXHIBIT A

EXHIBIT B

EXHIBIT C

SPECIFICATIONS

SECTION 1 GENERAL CONDITIONS OF THE AGREEMENT

SECTION 2 MAINTENANCE SPECIFICATIONS

GENERAL CONSTRUCTION OPERATIONS

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

SECTION 1 GENERAL CONDITIONS OF THE AGREEMENT

1.1. DEFINITIONS

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

1.1.2. AGREEMENT: Sets forth the conditions of the contractual relationship between the CONTRACTOR and the COUNTY. All CONTRACT DOCUMENTS are a part of the AGREEMENT just as if incorporated therein.

1.1.3. APPLICATION FOR PAYMENT: The request made for PROGRESS PAYMENT to the ENGINEER by the CONTRACTOR. APPLICATION FOR PAYMENT may be made no more often than monthly and the amount of the requested payment shall be for one or more full months and only for each work location that has been completed, inspected, and accepted by the COUNTY. The amount requested shall be shown as the remainder resulting from a showing of the total estimated value of work completed by the date of the Applications less previous PROGRESS PAYMENTS, RETAINAGE, and any LIQUIDATED DAMAGES as specified in the CONTRACT DOCUMENTS. CONTRACTOR shall use PAY REQUEST FORM as provided in these CONTRACT DOCUMENTS when making application for payments.

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

1.1.5. CHANGE ORDERS: Extend the CONTRACT TIME or increase/decrease the CONTRACT SUM or modify the work to be performed after the execution of the AGREEMENT. The PROJECT NUMBER applicable to all of the WORK contemplated by these CONTRACT DOCUMENTS is given in the Notice to Bidders. CHANGE ORDERS, if any, will bear the Project Number and shall be sequentially numbered.

1.1.6. CONTRACT DOCUMENTS include Instructions to Bidders; Completed Bid Form; Special Provisions; AGREEMENT; General Conditions, Specific Conditions; DRAWINGS; SPECIFICATIONS; ADDENDA; CHANGE ORDERS; FIELD ORDERS and/or INTERPRETATIONS which may be issued. All CONTRACT DOCUMENTS are identified by a Project Title, Project Number and Date.

1.1.7. CONTRACT SUM: Stated in the AGREEMENT and is the total amount payable by the COUNTY to the CONTRACTOR for the complete performance of the WORK contemplated by the CONTRACT DOCUMENTS.

1.1.8. CONTRACT TIME: Time established in the AGREEMENT by which the CONTRACTOR must complete all WORK contemplated by the CONTRACT DOCUMENTS.

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

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

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

1.1.12. DRAWINGS: Listed by sheet number and title in the SPECIAL CONDITIONS of the AGREEMENT, show the location, scope and details of the WORK, which is the subject of the AGREEMENT. The DRAWINGS which are a part of these CONTRACT DOCUMENTS, are included in Exhibits A and B as applicable.

1.1.13. ENGINEER: The County Engineer of Marion County, Florida, or the person or persons he may designate as his authorized agent.

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

1.1.15. FIELD ORDERS: Instruct the CONTRACTOR of those minor changes to the CONTRACT DOCUMENTS which are not considered as being a subject of renegotiation and AGREEMENT.

1.1.16. FINAL INSPECTION: That inspection made by the ENGINEER after notification by the CONTRACTOR that all WORK has been completed.

1.1.17. FINAL PAYMENT: The payment to the CONTRACTOR of the CONTRACT SUM after the FINAL INSPECTION is completed and all WORK has been completed.

1.1.18. INTERPRETATIONS of the CONTRACT DOCUMENTS by the ENGINEER serve to clarify and explain the intent of the CONTRACT DOCUMENTS to the CONTRACTOR.

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

1.1.20. LIQUIDATED DAMAGES: In the event of failure of the CONTRACTOR to complete the WORK within the CONTRACT TIME or any EXTENSION OF TIME, CONTRACTOR shall pay to the COUNTY LIQUIDATED DAMAGES in the amount specified in the AGREEMENT for each calendar day of delay of final acceptance. Any accrued amount of LIQUIDATED DAMAGES shall be withheld from any PROGRESS or FINAL PAYMENT once the CONTRACT TIME has expired.

1.1.21. MONUMENTS: shall mean a man-made or natural object that is permanent or semi-permanent and used or presumed to occupy any real property corner, point on a boundary line or reference point.

All monuments set or replaced shall conform to the provisions of 21HH‑6 (F.A.C.) and conform to the additional specifications as indicated below:

1) Rods or pipes shall have a minimum cross-sectional area of 0.3 sq. in.

(5/8" rebar or 1/2" ID pipe) with a minimum length of 18".

2) Concrete monuments shall have a minimum cross-section of 16 sq. in.

(4" square or 4.5" diameter "round").

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

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

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

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

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

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

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

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

1.1.29. SPECIAL PROVISIONS: Supplement the General Conditions by including specific requirements and information. When conflict occurs between the SPECIAL PROVISIONS of the AGREEMENT and the General Conditions of the AGREEMENT, the SPECIAL PROVISIONS of the AGREEMENT shall govern.

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

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

1.1.32. SUBSTANTIAL COMPLETION: “Substantial Completion” shall refer to the completion of all work identified for locations in Exhibit A.

1.1.33. TRADE, BRAND AND MANUFACTURED NAMES: Proprietary names for materials, equipment or furnishings as may appear in the CONTRACT DOCUMENTS are used to establish a basis of quality and performance and not to imply the exclusion of other materials, equipment or furnishings for which the CONTRACTOR may request and receive approval if found by the ENGINEER to be equal in all respects to the specified materials, equipment or furnishings. It shall be concluded that the CONTRACTOR's bid was based on materials, equipment and furnishings as specified and he is prepared to comply therewith.

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

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

1.3. EXECUTIVE AND REPRESENTATION, INTENT, AND INTERPRETATIONS

1.3.1. EXECUTION of the AGREEMENT shall be in not less than duplicate. By EXECUTION of the AGREEMENT, the CONTRACTOR represents that he has inspected the construction site, familiarized himself with the local conditions under which the WORK is to be performed and understands the provisions of the CONTRACT DOCUMENTS.

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

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

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

1.5. THE ENGINEER

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

1.5.2. Inspections of the WORK in preparation and progress shall be made by the ENGINEER as necessary to satisfy himself as to the quality of the WORK and to determine if the WORK is proceeding in accordance with the provisions of the CONTRACT DOCUMENTS. The CONTRACTOR shall coordinate the schedule with the Project Manager to permit quality control testing as needed. If any of the WORK is covered prior to inspection and acceptance of the ENGINEER, it shall, if required by the COUNTY or the ENGINEER, be uncovered for the ENGINEER'S inspection and shall be properly replaced at the CONTRACTOR'S expense without change in the CONTRACT TIME. Areas determined not meeting specification shall be re-worked at no additional cost to the COUNTY. Areas requiring re-work will not relieve the CONTRACTOR from time frames set forth by the contract.

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

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

1.5.5. Non-Conforming Work: The ENGINEER shall have the authority to reject WORK which does not conform to the CONTRACT DOCUMENTS.

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

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

1.6. LAND SURVEYING SERVICES

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

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

1.6.1.2. The CONTRACTOR shall be responsible for the protection, referencing and/or resetting of any section corner monuments and property corners affected by the construction operations whether by design or accident. Any monument or property corner which is disturbed by the CONTRACTOR shall be replaced by a Professional LAND SURVEYOR, licensed in the State of Florida, at the CONTRACTOR's expense.

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

1.7. THE CONTRACTOR

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

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

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

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

1.7.4. Discipline and Good Order within the PROJECT LIMITS shall at all times be enforced by the CONTRACTOR. He shall not employ on the WORK site any unfit person or persons not skilled in the task assigned to him. The acts and omissions of all employees of the CONTRACTOR and his SUBCONTRACTORS, and their agents and employees, and all other persons performing any of the WORK, shall be the responsibility of the CONTRACTOR.

1.7.5. WARRANTY: The Contractor warrants to the Owner that all labor furnished to progress the Work under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the Work will be of good quality, free from faults and defects and in strict conformance with this Contract. All work not conforming to these requirements may be considered defective. When not specifically identified in the bid documents, the warranty shall commence upon release of final retainage by the Owner and shall be for a period of one (1) year.

1.7.6. TAXES AND PERMITS: The CONTRACTOR shall pay all taxes and fees charged by the governmental agency having jurisdiction unless he is specifically relieved of such payment by the CONTRACT DOCUMENTS. The CONTRACTOR shall obtain and pay for all permits and licenses required by any governmental agency having jurisdiction unless specified otherwise in the CONTRACT DOCUMENTS. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, codes, regulations and orders of any governmental agency having jurisdiction. The CONTRACTOR shall immediately report to the ENGINEER any variances between the CONTRACT DOCUMENTS and the laws, ordinances, rules, codes, regulations and orders of any governmental agency having jurisdiction before proceeding with the affected WORK.

1.7.7. SUPERVISION: The CONTRACTOR shall employ a competent superintendent and, when necessary, an assistant superintendent, one of which shall at all times be within the PROJECT LIMITS while construction or inspection is in process. The selection of the superintendent shall be subject to approval of the ENGINEER. The superintendent shall represent the CONTRACTOR insofar as authority. Communication between the superintendent and the ENGINEER shall be as binding as if made between the CONTRACTOR and the ENGINEER.

1.7.7.1. CONTRACTOR shall supply day and night phone numbers of superintendent assigned to the PROJECT. The superintendent is required to be a supervisory position whose main job function is to oversee timely completion of the WORK. Any other function of the superintendent is to be considered an ancillary function and timely progress of the job should not depend on his performance of the ancillary functions. So long as the individual(s) named remain actively employed or retained by the CONTRACTOR, they shall perform as stated unless the ENGINEER agrees to the contrary in writing.

1.7.8. REPORTING: The CONTRACTOR will supply documentation of work performed in the format specified by the COUNTY. The record will be submitted to the Project Manager for verification at the end of each work day or as requested.

1.7.9. PROSECUTION OF THE WORK: ALL necessary documents shall be submitted within seven (7) calendar days of the date of NOTICE OF AWARD of Bid. The CONTRACTOR shall begin WORK within fourteen (14) calendar days of the date of the NOTICE TO PROCEED. ALL WORK contemplated by the CONTRACT DOCUMENTS shall be completed within the number of calendar days from the date of NOTICE TO PROCEED as stated in the Bid Proposal. See Section 1.7.10. for additional requirements.

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

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

1.7.12. FIELD WORK DRAWINGS: One (1) set of drawings, plans, exhibits, and specifications shall be kept by the superintendent upon which changes to the WORK permitted by CHANGE ORDER, FIELD ORDER or INTERPRETATION shall be carefully and neatly marked. Upon final acceptance of the WORK, the modified drawings, plans, exhibits, and specifications shall be signed and dated by the superintendent and given to the ENGINEER.

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

1.7.14. COORDINATION WITH UTILITIES: The CONTRACTOR is responsible for notifying Sunshine State One Call of Florida prior to any type of excavation work unless exemption is listed in Florida Statutes, ss.556.108. The CONTRACTOR is also responsible for contacting owners of any overhead utilities that could represent a conflict or unsafe condition. In addition, the CONTRACTOR is responsible for coordinating the relocation of utilities that may be required to resolve a conflict. Finally, the CONTRACTOR shall pay the service charges and installation costs for all temporary facilities used for the WORK.

1.7.15. COORDINATION WITH PROPERTY OWNERS: CONTRACTOR will contact adjacent property owners and coordinate work with them if work affects their access, requires removal of owner’s property from the right-of-way, or otherwise affects the adjacent property.

1.7.16. QUALITY CONTROL: Testing as required by the CONTRACT DOCUMENTS will be contracted for by the COUNTY using a soil consultant designated by the COUNTY. However, it shall be the sole responsibility of the CONTRACTOR to coordinate all quality control testing with the COUNTY and the testing consultant. The CONTRACTOR shall provide a minimum of twenty four (24) hours advance notification to the COUNTY when a test is required

Any retesting due to failed tests on any materials shall be charged to CONTRACTOR for the actual cost of the re-test as billed by the consultant doing the testing. Copies of field reports will be supplied to the CONTRACTOR upon request as soon as the reports are available from the testing company.

1.7.17. MAINTENANCE OF TRAFFIC PLAN: Maintenance of traffic (MOT) shall be the responsibility of the CONTRACTOR. Roadway shall be kept accessible for local traffic and for emergency vehicles at all times and shall be left in a safe condition during non-working hours. All maintenance of traffic facilities, detours and devices shall be kept in good repair by the CONTRACTOR.

Maintenance of Traffic Plan: The CONTRACTOR shall submit a Maintenance of Traffic (MOT) plan for each work location for approval by the COUNTY no less than ten (10) working days prior to use.

Minimum traffic control standards shall conform to the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD). For work requiring MOT, the CONTRACTOR shall have at least one person on site responsible for MOT. This person must possess a FDOT MAINTENANCE of TRAFFIC Intermediate Level training certificate and have such certificate available for inspection on job site.

Flagging control; ‘High Visibility Clothing’ The flagger’s vest, shirt, or jacket shall be “orange” or “lime green” in color or a fluorescent version of that color meeting requirements of ANSI-ISEA 107-2004 or 107-2010 class 2 for daytime activities and class 3 for nighttime activities or superseding standard.

All workers within the clear zone located in the Right-of-Way must wear ‘High Visibility Clothing’. The worker’s vest, shirt, or jacket shall be “orange” or “lime green” in color or a fluorescent version of that color meeting requirements of ANSI-ISEA 107-2004 or 107-2010 class 2 or superseding standard.

Flag personnel shall be equipped with 2 way radios when visual contact between flaggers is not possible.

Any equipment left on the right-of-way overnight shall be parked outside the clear zone as near to the right-of-way line as possible, except in medians where no equipment will be permitted to be parked overnight.

All service and supply operations shall be conducted between the travel way and the right-of-way line and be outside the clear zone. No supply vehicles shall enter the median for any purpose. No service vehicle shall enter the median except when necessary to repair or remove inoperable equipment.

The foregoing requirements are to be considered as minimum and the CONTRACTOR’s compliance shall in no way relieve the CONTRACTOR of final responsibility for providing adequate traffic control and devices for the protection of the public and CONTRACTOR’s employees throughout the work area.

1.7.18. SAFETY: All safety equipment and lighting required by State, OSHA, ADA, or other Federal regulations must be provided. All safety devices shall be properly installed and maintained in good working order at all times. In addition, as a minimum, all mobile equipment used on the COUNTY right-of-way shall be equipped with a slow moving vehicle sign, amber flashing lights or white strobe lights, and all safety devices installed by the manufacturer.

Notwithstanding any review by Marion COUNTY personnel, the CONTRACTOR shall be responsible for compliance with all relevant federal, state, or other safety codes and requirements and for exercising appropriate practices to safeguard the public and employees working on this project.

1.7.19. EQUIPMENT: All equipment may be inspected by the Project Manager before it is placed in service. If at any time, the Project Manager determines that the equipment is deficient, poses a threat to public safety or the environment, or degrades the quality of product, the CONTRACTOR shall remove the equipment from service immediately, and the equipment shall remain out of service until the deficiency is corrected. Inspection and approval of the CONTRACTOR’s equipment by the Project Manager will not relieve the CONTRACTOR of responsibility or liability for injury to persons or damage to property caused by the operation of the CONTRACTOR’s equipment, nor will it relieve the CONTRACTOR of the responsibility to meet the established time schedules previously agreed upon.

In the event the CONTRACTOR’s choice of equipment does not produce a satisfactory final product, as determined by the Project Manager, then the COUNTY may require the CONTRACTOR to utilize an alternative piece of equipment to achieve contract specification compliance. No extra costs will be incurred by the COUNTY for the substitution of equipment found to be unacceptable for the work being performed.

CONTRACTOR shall use drip pans when equipment is parked or stored in COUNTY right-of-ways and drainage retention areas.

1.7.20. USE OF SITE: The CONTRACTOR shall confine his storage and operations to the PROJECT LIMITS unless specific instructions for storage and operations are specified in the CONTRACT DOCUMENTS. Materials, tools, and construction equipment shall be stored in a neat and reasonable manner as not to unduly hamper progress and safety. Waste materials and debris shall not be allowed to accumulate and shall be disposed of on a regular basis by the CONTRACTOR at his expense. Upon completion of the WORK and prior to the FINAL INSPECTION and final acceptance, all surplus materials, tools, construction equipment, rubbish and debris shall be removed from the PROJECT LIMITS. The WORK shall be entirely cleaned and ready for service, and all installed equipment shall be tested and operational.

1.7.21. SCHEDULING OF SUCCESSIVE OPERATIONS: At the Pre-Construction Conference, CONTRACTOR shall submit a schedule for performing the work. The schedule shall be within the contract time allotted for this project and shall include tentative dates of performance. CONTRACTOR shall not be allowed to work in more than one work location at a time unless CONTRACTOR demonstrates that he has a second crew with equipment or CONTRACTOR has reached substantial completion and has been authorized by COUNTY Project Manager to move to the next scheduled work location.

1.7.22. HOURS OF OPERATION AND OVERTIME: For overtime purposes, the COUNTY’s working schedule is from 8:00 A.M. to 5:00 P.M., Monday thru Friday, eight (8) hours per day/forty (40) hours per week except on holidays. Overtime for the COUNTY inspector will be back charged to the CONTRACTOR. The rate of charge shall be at 1.5 times the hourly rate of the inspector assigned.

1.7.23. WORK DAY: All operations shall begin no earlier than one half hour before sunrise and be discontinued one half hour after sunset. Approved signing shall be maintained throughout the work day.

1.7.24. EMERGENCY CONTACT: In an emergency situation CONTRACTOR shall respond no more than two (2) hours after notification. Failure to comply will result in back charges to be paid directly by the CONTRACTOR for all COUNTY costs that are incurred.

1.7.25. LIMITATION OF EXPOSURE OF ERODIBLE EARTH: The Project Manager may limit the surface areas of unprotected, erodible earth exposed by the construction operation and may direct the CONTRACTOR to provide erosion or pollution control measures to prevent contamination of any river, stream, lake, tidal waters, reservoir, canal, or other water impoundments or to prevent detrimental effects on property outside the project right-of-way or damage to the project. CONTRACTOR shall limit the area in which excavation and filling operations are being performed so that it does not exceed the capacity to keep the finish grading, grassing, sodding, and other such permanent erosion control measures current in accordance with the accepted schedule.

1.7.26. STORMWATER: For any work that affects the stormwater drainage pattern, may cause erosion or sedimentation, or may cause water pollution the CONTRACTOR shall:

Unless otherwise directed, ensure that the existing stormwater drainage patterns are maintained.

Ensure that erosion and sediment controls are properly installed and maintained throughout the construction process. All best management practices (BMPs) used for erosion and sediment control must be regularly inspected and maintained in a manner consistent with Federal, State and COUNTY requirements. The CONTRACTOR shall also ensure that all additional measures to dispose of, control, or prevent the discharge of solid, hazardous, and sanitary wastes to surface waters of the State will be employed in a manner consistent with Federal, State and COUNTY requirements.

1.7.27. PROTECTION OF LAND AND WATER RESOURCES: The CONTRACTOR shall not discharge or permit the discharge, directly or indirectly, of any fuels, oils, bitumen, calcium chloride, acids, insecticides, herbicides, wastes, toxic or hazardous substances, or other pollutants or harmful materials, onto any lands or into any surface or ground waters, including, but not limited to, streams, lakes, rivers, canals, ditches, or reservoirs. The CONTRACTOR shall comply with all applicable federal, state, and COUNTY laws concerning toxic wastes, hazardous substances, and pollution of surface and ground waters. If any waste, toxic or hazardous substance, or other material that can cause pollution, as defined in section 403.031, Fla. Stat., is dumped or spilled in unauthorized areas, the CONTRACTOR shall immediately notify the COUNTY and appropriate regulatory authorities and thereafter shall remove the material and restore the area to its original condition. If necessary, contaminated ground shall be excavated and properly disposed of and replaced with suitable fill material, compacted and finished with topsoil, and planted as required to re-establish vegetation. All cleanup and disposal costs shall be borne by the CONTRACTOR. The CONTRACTOR shall demonstrate proper disposal of contaminated material.

1.7.28. SUBCONTRACTORS: Within seven (7) days after receipt of the NOTICE OF AWARD and prior to execution of the AGREEMENT, the successful bidder shall furnish to the ENGINEER a written list of all superintendents, SUBCONTRACTORS, the LAND SURVEYOR in responsible charge, and all other persons or organizations who are proposed to provide services, materials, or specially designed equipment for the principal portions of the WORK. Prior to the execution of the AGREEMENT, the ENGINEER shall notify the successful bidder in writing if the COUNTY, after due investigation, has reasonable objection to any person or organization on such list. Failure of the COUNTY to make an objection to any person or organization on the list prior to the award shall constitute acceptance of such person or organization. If, prior to the execution of the AGREEMENT, the COUNTY or ENGINEER has a reasonable and substantial objection to any person or organization on such list, and refuses in writing to accept such person or organization, the successful bidder may, prior to the execution of the AGREEMENT, withdraw his bid without forfeiture of bid security. If the successful bidder submits an acceptable substitute with an increase in his bid price to cover the difference in cost occasioned by such substitution, the COUNTY may, at their discretion, accept the increased bid price or they may disqualify the bid. If, after the execution of the AGREEMENT, the COUNTY refuses to accept any person or organization on such list, the CONTRACTOR shall submit an acceptable substitute and the CONTRACT SUM shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate CHANGE ORDER shall be issued; however, no increase in the CONTRACT SUM shall be allowed for any such substitution unless the CONTRACTOR has acted promptly and responsively in submitting a name with respect thereto prior to the award. The CONTRACTOR shall not contract with any SUBCONTRACTOR proposed for the principal portions of the WORK who has not been accepted by COUNTY. If the COUNTY requires a change of any SUBCONTRACTOR or person or organization previously accepted by them, the CONTRACT SUM shall be increased or decreased by the difference in cost occasioned by such change and an appropriate CHANGE ORDER shall be issued. The CONTRACTOR shall not make any substitution for any SUBCONTRACTOR or person or organization that has been accepted by the COUNTY unless the substitution is acceptable to the ENGINEER. All WORK performed for the CONTRACTOR by a SUBCONTRACTOR shall be pursuant to an appropriate agreement between the CONTRACTOR and the SUBCONTRACTOR (and where appropriate between SUBCONTRACTORS and sub-SUBCONTRACTORS) which shall contain provisions that:

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

1.7.28.2. require that such WORK be performed in accordance with the requirements of the CONTRACT DOCUMENTS;

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

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

1.7.28.5. waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance except such rights as they may have to the proceed of such insurance held by the COUNTY as trustee;

1.7.28.6. obligate each SUBCONTRACTOR specifically to consent to the provisions that the CONTRACTOR shall pay each SUBCONTRACTOR, upon receipt of payment from the COUNTY an amount equal to the percentage of completion allowed to the CONTRACTOR on amount of such SUBCONTRACTOR's work. The CONTRACTOR shall also require each SUBCONTRACTOR to make similar payments to his SUBCONTRACTORS. If the ENGINEER fails to issue a Certificate for Payment for any cause which is the fault of the CONTRACTOR and not the fault of a particular SUBCONTRACTOR, the CONTRACTOR shall pay that SUBCONTRACTOR on demand, made at any time after the Certificate for Payment should otherwise have been issued, for his WORK to the extent completed less the retained percentage.

1.7.29. PROPERTY INSURANCE shall not be provided by COUNTY.

1.7.30. ROYALTIES AND PATENTS: The CONTRACTOR shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights or copy rights and shall save the COUNTY harmless from loss on account thereof, except that the COUNTY shall be responsible for all such loss when a particular design, process, or the product of a particular manufacturer or manufacturers is specified, but if the CONTRACTOR has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the ENGINEER.

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

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

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

1.7.33. AS-BUILT SURVEY AND AS-BUILT DRAWINGS: The COUNTY shall provide the CONTRACTOR with a digital copy and one (1) set of reproducible DRAWINGS of the WORK. The CONTRACTOR's LAND SURVEYOR shall perform an AS-BUILT SURVEY and depict the results of said survey on the reproducible DRAWINGS. Each reproducible sheet of the DRAWINGS used by the surveyor shall be identified as "AS-BUILT SURVEY" and a copy shall be certified by the LAND SURVEYOR in responsible charge as meeting the Minimum Technical Standards set forth by the Florida Board of Land Surveyors pursuant to Chapter 472, Florida Statutes and Chapter 21HH-6, Florida Administrative Code. AS-BUILT SURVEYS shall document field measurements of vertical and horizontal dimensions, so that the constructed WORK can be delineated in such a way that the ENGINEER may determine the substantial accuracy of the location of the construction. The AS-BUILT survey will include Cross Sections taken in the field at the same increments and stationing as depicted on the design plans. This information will be based on the same vertical datum as the design plans with sufficient information to determine volumes to within five percent (5%) of actual excavation. This information will be recorded in a Field Book and/or digitally in a form pre-approved by the ENGINEER.

The information shown on the AS-BUILT DRAWINGS will be sufficient to compare the planned design against the finished construction. The AS-BUILT DRAWINGS will show constructed information at the same increments and stationing as depicted on the design plans. This information will be plotted on the reproducible drawings supplied to the CONTRACTOR. The constructed information will be shown in the correct horizontal locations with the finished elevations. This information will be denoted with a (*) on the AS-BUILT DRAWINGS.

This survey shall include, but not limited to inverts of pipes, pavement radius, reestablish control points, locations of traffic control devices, verification of 5-point cross section and pavement width taken at the same increments and stationing as depicted on the design plans, and it shall be based on the same vertical datum.

The AS-BUILT DRAWING submitted by the LAND SURVEYOR shall clearly show by symbols, notations, or delineation, the constructed work located by the field survey. All As-Built information shall be denoted with (*).

The horizontal accuracy of the AS-BUILT SURVEY shall be such that it may be determined where the constructed work is placed on the property, in rights-of-way, or in easements as compared to the original design. The vertical and horizontal information shall be such that it may be determined by the ENGINEER whether the work was constructed with substantial accuracy. Original field notes used in establishing horizontal and vertical information shall be submitted with all "As-Built" plans.

On the cover sheet of the AS-BUILT DRAWINGS, in a conspicuous place, there shall be a note stating the following: "Additions or deletions to this survey drawing by other than the signing party or parties are prohibited without the written consent of the signing party or parties". The AS-BUILT DRAWINGS shall bear the name, firm or resident address, city, and certificate number, of the LAND SURVEYOR in responsible charge and date of the field survey as set forth in Chapter 472, Florida Statutes. The LAND SURVEYOR through the CONTRACTOR shall provide the COUNTY with three (3) copies of the AS-BUILT DRAWINGS in addition to the reproducible drawings and the digital copy. Copies of the AS-BUILT DRAWINGS shall have the original signature and a raised embossed seal of the LAND SURVEYOR in responsible charge.

1.8. SEPARATE CONTRACTS: The COUNTY reserves the right to award other contracts in connection with other portions of the PROJECT under these or similar conditions of the AGREEMENT. When separate contracts are awarded for different portions of the PROJECT, "the CONTRACTOR" in the CONTRACT DOCUMENTS in each case shall be the CONTRACTOR who signs each separate AGREEMENT. The CONTRACTOR shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their WORK, and shall properly connect and coordinate his WORK with theirs. If any part of the CONTRACTOR's WORK depends for proper execution or results upon the work of any other separate contractor, the CONTRACTOR shall inspect and promptly report to the ENGINEER any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the CONTRACTOR to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his work, except as to defects which may develop in the other separate contractor's work after the execution of the CONTRACTOR's WORK.