20-IFB-26-00399 Special Conditions.pdf

SPECIAL CONDITIONS

MISCELLANEOUS PARKING LOT REPAVING SERVICES

TERM CONTRACT B

SECTION 1- GENERAL

1.01 SCOPE:

It is anticipated that the work to be performed under this Contract will be for the restoration of the pavement surfaces and parking elements for parking lots of Hillsborough County facilities and park sites.

- Milling of existing asphalt.

- Overlaying existing asphalt parking lots.

- Application of emulsified asphalt sealer.

- Installation or replacement of wheel stops and traffic signs.

- Installation or replacement of pavement markings and striping.

1.01.1 The Contractor shall furnish all labor, materials and equipment for the accomplishment of all work as described in the Specifications, as shown on Plans if provided, and as directed by the Project Manager in accordance with the expressed or obvious intent of the Contract.

1.02 PURPOSE AND INTENT: The purpose of these specifications is to describe the requirements of the Hillsborough County Facilities Management & Real Estate Services Department, for a competitively bid, undefined quantity, term contract for MISCELLANEOUS PARKING LOT REPAVING SERVICES TERM CONTRACT B as described herein. Any work authorized under this term contract will be ordered only on an "as needed" basis.

1.02.1 It is the intent of the County to award a contract for a term of four (4) years. The Contractor will perform work under Work Orders which will generally range from $50,000 to $150,000 in value. Notwithstanding these thresholds, the County may require the Contractor to perform Work Orders, or revisions thereof, under $50,000 or in excess of $150,000.

1.03 BASIS FOR AWARD AND CONTRACT PRICE: Award will be made to the responsive and responsible bidder meeting all technical specifications and qualifications that submits the lowest total bid price, based on the estimated quantities included herein. Bidders are required to submit prices for all items included in the Bid Proposal.

1.03.1 Failure to bid on all items will cause the bidder’s bid to be non-responsive.

1.03.2 The County may select one (1) qualified contractor for award on this solicitation for $6,000,000.

1.03.3 If the recommended bid is greater than the award amount, authorized work (and bid estimated quantities) will be reduced accordingly.

1.03.4 The amount of award referenced in the above statements is defined as the upper dollar limit beyond which no further work may be authorized without additional approval of the Board of County Commissioners.

Specifically, the amount of award shall not be construed as indicating the actual value of work anticipated by the County under this Contract. To the contrary, the actual value of work to be authorized will not be determined until the time of need for that work occurs and may be significantly less than the amount indicated in the award.

1.03.5 Any references in this bid package to "Contractor" or "Contract" shall be construed to apply individually to the selected contractor and/or the respective contract to which it is a party.

1.03.6 The County does not guarantee awarding a contract. Additionally, the County reserves the right to reject any or all bids where, in the opinion of the County, the proposed bid item(s) are excessively high or otherwise where award would not be in the County's best interest.

1.04 BID PRICE: The Contractor’s bid prices must contain all cost items in amounts deemed sufficient by the Contractor for all overhead, profit, taxes (including sales taxes), performance & payment bonds, insurance, minimal design, shop drawings, estimating, engineering and drafting support, administrative support, superintendent, maintenance of traffic, progress meeting expenses, contract start up and closeout costs, required computer equipment/supplies, Jessica Lunsford Act screenings, software subscriptions or licenses, warranties/guarantees and all contingencies and risks associated with this contract. The contractor is hereby notified that no other amounts will be paid in excess of the bid price provided with the Bid Proposal. There will be no reimbursement for Performance and Payment Bond or Insurance Requirements.

1.05 UNBALANCED BIDS AND/OR EXCESSIVE UNIT BID PRICES:

The COUNTY reserves the right to reject any bid in which unit prices, in the sole opinion of the COUNTY, are unbalanced. In addition, where the COUNTY has decided to make an award, it further reserves the right to non-utilize a particular line item that in the sole opinion of the COUNTY is excessively priced and reserves the right to obtain that item from another source.

1.06 AUTHORIZATION OF WORK: No work may be authorized against this term contract except as authorized by a Work Order issued by the Director or designated representative of the Facilities Management & Real Estate Services Department or by the Director or designated representative of the Department initiating/managing the project which is the subject of the Work Order. Work Orders will be issued on an as-needed basis.

1.06.1 Work Order may include work at various locations. The Contractor is expected to work on multiple Work Orders concurrently. Therefore, Contractor must provide proper staffing and supervision to meet the quality and schedule requirements of multiple locations and multiple Work Orders.

1.07 WORK ORDER AUTHORIZATION PERIOD: The Work Order Authorization Period (period during which the County is entitled to issue Work Orders) will commence on the date specified in the Contract Commencement Notice (see Exhibit A, attached). The Work Order Authorization Period will expire on the fourth anniversary of the Contract Commencement Notice or when the actual authorized work equals the awarded Contract amount, whichever occurs earlier. The Contract itself will expire upon the completion of all authorized work.

1.07.1 The Contract itself will expire upon the completion of all authorized work.

1.08 SIMILAR WORK BY OTHER CONTRACTORS: Award of this term contract to a contractor shall impose no obligation on the County to utilize that contractor for all work of this type which may develop during the period of this contract. This is not an exclusive contract. The County specifically reserves the right to concur-rently contract with other companies for similar work if it deems such to be in its best interest.

1.09 DEFINITION OF WORK ORDER WORK: Work Order Work is defined as all work required to be performed pursuant to the terms of this contract and a Work Order issued in accordance with these Contract Documents.

1.10 AUTHORIZED CONSTRUCTION DAYS: It is anticipated that this contract may include projects (Work Orders) of both shorter and longer duration. Prior to issuance of a Work Order, the Project Manager and the Contractor will mutually agree as to a fair and reasonable anticipated number of days necessary to complete the pending Work Order. Once this number of days has been determined and mutually agreed to, it will be indicated within the Work Order. Failure by the Contractor to complete the Work Order work by the respective milestones as indicated in the Work Order, excluding circumstances that are beyond the control of the Contractor, shall entitle the County to assess liquidated damages per calendar day of delay, as indicated in the following article.

1.11 PRICING OF WORK ORDERS: The Contractor's bid prices provided with the Bid Proposal, shall serve as the basis for establishing the value of the work to be performed on a unit price basis.

1.11.1 Pricing of Work Orders shall be accomplished by multiplying the appropriate unit prices times the quantities of each line item required for the work order, to arrive at a pay quantity for that line item, then adding all such line item pay quantities to arrive at the work order cost. It shall be the CONTRACTOR'S responsibility to advise the COUNTY and obtain prior approval for additional quantities to be utilized beyond those specified in the work order. Prior approval shall be granted by way of a revised work order.

1.12 PROCEDURE FOR DEVELOPMENT OF PRICE PROPOSAL/EVALUATION OF PROPOSAL AND

ISSUANCE OF WORK ORDERS:

1.12.1 Upon identifying the need for work or a project to be performed under this contract, the Project Manager and the Professional, if any, or other designated staff person, will notify Contractor for scheduling an on-site visit to review and finalize the scope of work.

1.12.2 If required, Contractor may request for additional on-site visits for obtaining Contractor’s subcontractor(s) pricing.

1.12.3 Contractor shall submit to the Project Manager a preliminary Work Order proposal to the Project Manager, or designated representative. The Contractor’s bid prices shall serve as the basis for establishing the value of the work to be performed on a unit price basis.

1.12.4 After the detailed proposal (or revised detailed proposal) is found to be acceptable by the Project Manager, the Professional (if any) and the Department, a Work Order (Exhibit B) and Purchase Order may be processed for issuance to the Contractor, subject to approval by the appropriate authority. The Project Manager shall issue a Notice to Proceed with Work Order to the Contractor only after issuance of the Work Order and Purchase Order.

1.12.5 Costs for the preparation of Work Order proposals and supporting documentation will not be paid by the County.

1.12.6 The amount specified on an individual Work Order constitutes the total compensation payable to the Contractor for performing the specified work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Work Order price. The Work Order price may only be changed by written revision to the Work Order previously authorized. After a Work Order has been issued to the Contractor, it may be revised only for increase or decrease in work (or changes in scope) beyond that shown in the original Work Order scope and construction documents, as determined by the Project Manager. If, in the Project Manager's opinion, increase or decrease in work or changes to scope and/or time are required the Contractor must provide a proposal for the same. The format for such proposal shall be in accordance with the original Work Order proposal. The Project Manager will review the Contractor's proposal and will process a revision to the Work Order, after review and approval by the Department.

1.12.7 If the Contractor desires to make a claim for a change in the price or time of an authorized Work Order, then any such claim shall be in writing and delivered to the Project Manager within fifteen (15) days of the occurrence of the event giving rise to the claim. All claims for adjustment in the Work Order price or time shall be subject to review by the Project Manager and the Department. Changes in the Work Order price or time can only be approved by an authorized revision to the Work Order.

1.13 DISPUTES REGARDING WORK ORDERS:

1.13.1 In the event the County and Contractor are unable to agree on a proposal, the County may reject the Contractor's proposal and not issue a Work Order or may issue a Work Order to another Contractor.

Alternatively, the County may issue a Work Order adjusting the Contractor's proposal based on the County's evaluation of scope and quantities represented in the Contractor's proposal. If, in the Project Manager's opinion, additional unit price items or quantities are required to complete the project, a revised Work Order detailing the additional work will be processed. It shall be the Contractor's responsibility to notify the Project Manager, or his designated representative, if the additional quantities are likely to exceed the Work Order limit and obtain prior approval for the additional work.

1.13.2 In the event the County desires to change the scope of a Work Order and if the County and the Contractor do not arrive at a mutually acceptable increase or decrease in the Work Order price and/or schedule, the Project Manager may process a revision to the Work Order based on the County's evaluation of scope and quantities.

If, in the Project Manager's opinion, additional unit price items or quantities are required to complete the project, a further revision to the Work Order detailing the additional work will be issued. The Contractor shall not use the lack of agreement on the revised price and/or schedule as a basis or cause to stop or otherwise delay the progress or completion of any of the work required pursuant to the Work Order or revisions thereof.

All work shall be executed under the applicable conditions of the Contract Documents; however, the Contractor may reserve its rights to make a claim in accordance with CHANGES IN THE WORK;

CHANGE OF CONTRACT PRICE; and CHANGE OF CONTRACT TIME of the Contract Terms and Conditions of the Contract.

1.13.3 If, after issuance of a Work Order, the Contractor refuses or otherwise fails to perform the Work Order work, the County reserves the right to take any or all the following actions:

1.Obtain the work order services from another contractor; and/or 2.Terminate the contract; and/or 3.Debar the Contractor from bidding for a period of up to 24 months; and/or

4.File a claim against the performance bond.

If the Contractor believes there is good cause for not performing the requested Work Order work, the Contractor shall submit such information in writing along with its refusal to perform the work and may appeal an adverse decision to the Director of Facilities Management & Real Estate Services Department.

1.14 TIMELINESS OF SERVICES: Since the primary goal of work order contracting is the speedy acquisition of construction services, Contractor responsiveness in providing Work Order proposals and completing work under the terms of this contract is paramount. Because time is of the essence, failure by the Contractor to provide the proposal within a reasonable time as determined by the Project Manager (generally 2 weeks) shall be sufficient cause for the County to rescind the proposal request and assign it to a different Contractor or contract.

1.14.1 Upon receipt of a Work Order, the Contractor must commence the work and proceed in accordance with the Work Order schedule. The Work Order completion time shall not exceed the time specified in the Work Order Notice to Proceed.

1.14.2 In addition to assessment of Liquidated Damages, in the event of failure to provide timely services, the County reserves the right to obtain the work order services from another contractor; and /or terminate the Contract; and/or debar the Contractor from bidding for a period of 24 months; and/or file a claim against the performance bond. In addition, such failure by the Contractor may be considered when evaluating the Contractor for assignment of future work order proposals or award on future contracts of this type.

1.15 ALLOWANCE TIME and WORK: Allowance Time, as referenced in the Contract Terms and Conditions, is not applicable to this Contract. Disregard any references in the Contract Documents to allowance time.

1.16 WORKING HOURS/WORK STOPPAGE:

1.16.1 Working Hours: Normal working hours are Monday through Friday, from 7 AM to 6 PM. The Contractor may be required to work weekends, early morning or evening hours in order to complete the Work Order work within schedule and/or to preclude disruption of the functioning of the building/ facility. Work performed outside of the normal working hours indicated above shall be coordinated in advance with the Project Manager and the facility user. The Contractor shall not be entitled to any type of monetary compensation, damages, claims, overhead, personnel costs, materials, equipment or expenses covering weekend, early morning or evening work.

1.16.2 Work Stoppage for Irritants: In addition to other reasons for work stoppage as indicated in the Contract Terms and Conditions, the Project Manager may stop the Work due to noise, fumes, dust pollution or other forms of irritants that may cause interference with the operations of the facility. The Contractor shall not be entitled to additional compensation due to stoppage of the Work

1.17 OVERTIME WORK: The Work Order will establish the milestone dates for the Work Order completion.

The Contractor is responsible to complete the Work within the required milestone dates, using overtime work if necessary, at no additional cost to the County.

1.17.1 In the event, the County requires an unusually compressed schedule for a Work Order (as determined by the County), requiring mandatory overtime work, Contractor may be compensated for overtime labor, but only if negotiated and pre-approved by the County.

1.18 EMERGENCY/URGENT WORK: In the event of an emergency or urgent work, as identified by the Project Manager, the Contractor will be required to respond to the request of the Project Manager and mobilize within 24 hours of verbal notification, including weekends. In the Failure to meet this contract requirement, the County reserves the right to obtain the work order services from another contractor; and /or terminate the Contract; and/or debar the Contractor from bidding for a period of 24 months; and/or file a claim against the performance bond.

1.18.1 The Contractor may be paid up to a maximum of an additional ten percent (10%) of the total Work Order amount for all emergency/urgent work. Only work specified by the Project Manager, prior to issuance of the Work Order, as being emergency/urgent work will be subject to payment for the additional amount.

Emergency/urgent work must be identified as such on the approved Work Order.

1.18.2 Any work performed by the Contractor which is not specified as emergency/urgent work by the Project Manager and not identified as emergency/urgent work on the Work Order, will be considered standard work and only the Contractor's submitted bid pricing shall be applied.

- END OF SECTION 1 –

SECTION 2- SUPPLEMENTARY SPECIAL CONDITIONS

2.01 CONTRACTOR QUALIFICATION/EXPERIENCE/LOCATION/PRODUCT APPROVAL:

2.01.1 During bid review, at the request of Procurement Services, the Contractor must provide the County appropriate documentation pertaining to its, qualification, experience, licensing compliance, superintendent, office location, etc., to demonstrate compliance with the requirements stated herein. Information that is inconsistent or is not verifiable will not be considered.

The Contractor shall be a General Contractor or Building Contractor who has satisfied all state and local requirements to be actively engaged in contracting. At the time of the bid opening, Contractor must be certified with the Florida Construction Industry Licensing Board and/or Hillsborough County prior to issuance of Notice of Commencement of the contract. The Contractor’s license must remain current throughout the performance of the contract. A copy of the license may be provided with its bid. For each Work Order, the Contractor and its intended subcontractor(s) must be licensed appropriately to perform the work.

The Contractor shall specialize in asphalt paving and have their own equipment related to this type of work, to include wheeled or tracked asphalt paver machines, screeds, roller, compactors, cold planer and trucks/vehicles. The Contractor/Bidder shall demonstrate successful experience in work similar in scope and magnitude to this contract. This work must be non-residential, commercial or institutional in nature. The representative jobs must be at least between $10,000.00 and $500,000.00 each in value. Evidence of such experience must be submitted with the Bid Proposal for review.

Note: Individual experience of the Contractor’s/Bidder’s present or past personnel cannot be used to fulfill the Contractor’s experience or license requirements.

The Contractor shall provide a qualified superintendent with related experience for each Work Order. The superintendent shall be present at all times when construction work is being performed. Contractor's superintendent is not precluded from performing construction work, provided that this does not interfere with his supervisory responsibilities. Superintendent shall have authority to act in the Contractor’s behalf.

In order to execute multiple Work Orders efficiently and to provide expeditious responses for construction issues, the Contractor or Installer must maintain a properly staffed local office. The term “local” as applied herein means Hillsborough County and the four (4) adjacent counties, i.e., Pinellas, Pasco, Polk and Manatee.

2.01 CONTRACTOR’S SUPERINTENDENT/SUPERVISION OF WORK:

2.02.1 The Contractor shall be responsible for coordinating all the work of the contract. For each Work Order, Contractor shall always have a qualified superintendent present when construction work is being performed.

The superintendent shall be an employee of the Contractor and shall have the authority to make decisions on behalf of the Contractor when needed. Contractor shall identify its superintendent to the Project Manager as part of their Work Order Proposal and any changes of Contractor’s superintendent will be subject to approval by the Project Manager.

2.02.2 Contractor’s superintendent shall be capable of effectively communicating with the Project Manager or Construction Inspector to immediately address concerns or questions relating to all work. All Subcontractors of the Contractor shall always be properly supervised.

2.02.3 If, in the Project Manager’s opinion, the Contractor or Superintendent is not supervising work as required by this contract, Director of Facilities Management & Real Estate Services Department will have the option of suspending further issuance of work orders to the Contractor.

2.03 CONTRACTOR'S INPUT DURING DESIGN: At the request of the Project Manager, the Contractor shall provide input during the design process and assist in determining the best and most appropriate materials and methods to meet the needs of the County and the individual project.

2.04 CONTRACTOR'S REVIEW OF SCOPE OF WORK: Contractor shall review and understand the construction documents and all conditions of work thoroughly prior to providing a Work Order Proposal.

The work shall be fully integrated and coordinated as a whole in order to provide a complete operational project. All questions or perceived inconsistencies in the work shall be brought to the attention of the County in writing by the Contractor prior to providing the Proposal.

2.05 CONTRACTOR'S INSPECTION OF EXISTING CONDITIONS:

2.05.1 Prior to submitting a Work Order Proposal, the Contractor is required to visit the site. It is the Contractor's responsibility to carefully examine the site of the work and to make all investigations to thoroughly inform themselves to all difficulties involved in the completion of all work required for the specific Work Order.

No pleas of ignorance of conditions or difficulties that may exist prior to issuance of a Work Order or of conditions or difficulties that may be encountered in the execution of the work pursuant to a Work Order as a result of the Contractor's failure to make necessary and reasonable examinations and investigations will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all of the requirements of the Work Order, nor will they be accepted as a basis for any claim for extra compensation or for any extension of time.

2.05.2 The construction documents to be provided to the Contractor for Work under this Contract will generally describe the new construction work required. The construction documents are not intended to describe or reflect existing constraints and site conflicts which the Contractor must work around. It will be the Contractor's responsibility to determine these conditions through site inspections and investigations.

2.05.3 The Contractor will be provided access to the site(s) prior to submittal of its proposal(s). Prior to submitting its proposal(s) the Contractor must bring to the Project Manager's attention any questions that the Contractor may have regarding the site conditions.

2.06 COUNTY OCCUPANCY/RESTRICTION OF CONTRACTOR'S ACCESS:

2.06.1 Full Occupancy: Generally, the County will occupy the site during the entire construction period. The Contractor shall cooperate with the County and the users during construction operations to minimize conflicts and facilitate County usage. The Contractor must notify the Project Manager in writing of any work or activity that would affect the site operations.

2.06.2 Use of Site: The Contractor shall confine its activities to the area made available for construction in the vicinity of the existing site. The Contractor must not block any driveway access or parking for the facility on the site. Use of building interiors for purpose of storing and transferring of construction material will generally not be permitted. Any outside staging/storage area for use by the Contractor must be approved in advance by the Project Manager.

2.07 COORDINATION/SEQUENCE OF WORK:

2.07.1 The Contractor shall schedule and perform the work in such a manner as to result in the least possible disruption to normal operation of existing facilities.

2.07.2 The Contractor shall coordinate all of its work and the work of its suppliers and subcontractors. The Contractor shall also coordinate the work with the existing facility's utility, electrical, mechanical, life safety, structural systems and with any other contractor performing work in the facility.

2.07.3 The Contractor shall also coordinate the work with the Project Manager, and all building Users.

2.08 PROTECTION OF EXISTING FACILITIES/REPAIR AND RESTORATION OF ALL

DISTURBED WORK:

2.08.1 Contractor shall be responsible for protecting the site, its contents and components from any damages associated with the work throughout the period of construction. The Contractor shall take all necessary precautions to protect the site, its occupants, and the public during the construction period. The Contractor shall protect all existing surfaces and material from damage by weather and construction activities.

2.08.2 Contractor shall be responsible for the repair and restoration of all surfaces, materials or equipment items including, but not limited to pavement, landscaping, grass, exterior building items, mechanical/electrical items, etc., which may be disturbed or moved by the Contractor during construction. The items must be restored to their pre-construction condition and to the satisfaction of the Project Manager and at no additional cost to County.

2.08.3 The sites will generally be fully occupied during the entire project; therefore, the Contractor is to take proper precautions during the entire project duration.

2.08.4 It shall be the Contractor's responsibility to ascertain the actual location of all existing utilities and other improvements that will be encountered during construction and to ensure that such utilities or other improvements are adequately protected from damage due to such construction operations. Contractor shall take all possible precautions to insure uninterrupted utility service. Any damage caused by work of Contractor or its subcontractor shall be repaired by the Contractor at no cost to the county.

2.09 SAFETY/SECURITY:

2.09.1 Job site safety is the Contractor's responsibility. Appropriate first aid facilities and supplies shall be kept and maintained by the Contractor at the site of the work. All persons within the construction area shall be required to wear protective helmets. In addition, all employees of the Contractor and its subcontractors shall be provided with, and required to use, personal protective and lifesaving equipment as set forth in Subpart E of the OSHA Standards for Construction (29 CFR 1926).

2.09.2 The Contractor shall enforce strict discipline on activities related to generation of wastes and noise, pollution of air/water/soil, and similar harmful or deleterious effects which might reasonably irritate persons or violate regulations at or in vicinity of project site.

2.09.3 It is the Contractor's responsibility to schedule all work around the above parameters. Any variation must be requested, in writing, 48 hours in advance and approved, in writing, by the Project Manager.

2.09.4 The Contractor must take all precaution to provide for security of its materials and equipment from possible damage/ theft and to protect the public and building occupants from construction related activities. It is the Contractor's responsibility to provide suitable barricades to protect the occupants from possible hazards related to the construction process. No additional cost will be paid to the Contractor for the provision of safety and security measures.

2.10 ENVIRONMENTAL CONTROLS:

2.10.1 Noise/Dust Environmental Pollution: The Contractor shall keep the generation of noise sources to a minimum. In cases where the Contractor will generate dust or other pollutants, adequate barriers and ventilation are to be provided to minimize their dispersion. The Contractor shall keep the Project Manager advised of work to be done and the amount of pollution to be expected. Contractor shall ensure that proper ventilation equipment be utilized during the application of any paint or noxious cover material and that such application shall take place in a safe manner and, if necessary, outside of normal working hours.

2.10.2 Trash Removal: The Contractor shall be responsible for removing daily all his construction related trash from the building or clean-up prior to next business hours for occupied areas in keeping with safe construction site practices. Existing trash dumpsters for the building(s)/facilities solid waste shall not be used for Contractor’s construction debris.

2.11 TEMPORARY UTILITIES/FACILITIES:

2.11.1 The Contractor may use existing electrical power and water for construction, if available. Contractor shall coordinate with County Project Manager and on-site user representative for use of any utilities. If on-site power and water is not available, the Contractor shall be responsible for providing and paying for all such temporary utilities. Contractor shall be responsible for making all necessary connections to temporary utilities in a safe and proper manner and for returning all utilities to their original state.

2.11.2 The County will generally allow the Contractor the use of its rest rooms within existing buildings, if available.

Any area used by Contractor shall be maintained clean and free from any construction debris or dust and in a sanitary condition. The Contractor shall clean all surfaces used by the Contractor, his suppliers and subcontractors, otherwise cost of cleaning shall be passed on to the Contractor. If on-site rest rooms are not available, Contractor shall be responsible for making arrangements for temporary rest rooms for its personnel.

2.11.3 Telephone/Communications: During the entire Work Order Authorization Period, the Contractor and his superintendent shall be available for communication by telephone or cellular telephone. Contractor's business office shall be available at all times for communication by telephone, e-mail and FAX.

2.11.4 The Contractor shall coordinate with the Project Manager and existing building occupants the locations for its parking during construction. If parking is not available on site, the Contractor shall pay for and make its own arrangements for parking during construction.

2.11.5 Contractor shall make arrangements for its own storage as necessary. County will not generally identify any storage area within the building for the Contractor's use. During pre-construction meeting, the County may identify outside and inside limited storage areas for Contractor's use.

2.11.6 Storage conditions shall be acceptable to the County for all materials and equipment not incorporated into the work but included in Application for Payment. Such storage arrangements and conditions shall be presented in writing for County's review and approval and shall afford adequate and satisfactory security and protection. Off-site storage facilities shall be accessible to the Project Manager. The stored materials shall be insured for full value. Certificates of liability insurance coverage must be submitted to the Project Manager with the request for payment by the Contractor. All arrangements and cost for storage facilities shall be paid by the Contractor.

2.12 TESTING:

Unless specifically stated otherwise in the scope of work for a Work Order, all testing required to establish compliance with the contract documents will be made by Contractor, or if required by the construction documents, by a qualified independent testing agency retained and paid by the Contractor and approved by the County.

2.13 QUALITY CONTROL:

2.13.1 Site Investigation and Control

i) Contractor shall check and verify all dimensions and conditions in the field continuously during construction. Contractor shall be solely responsible for any inaccuracies built into the work due to Contractor's failure to comply with this requirement.

ii) Contractor shall inspect related and appurtenant work and report in writing to Project Manager any conditions which will prevent proper completion of the work. Failure to report any such conditions and any required removal, repair, or replacement caused by unsuitable conditions shall beperformed by the Contractor solely and entirely at Contractor's expense.

2.13.2 Inspection of the work

i) All work performed by the Contractor shall be inspected by the Contractor and nonconforming work shall be noted and promptly corrected. The Contractor is responsible for the work conforming to the Construction Documents.

ii) The work shall be conducted under the general observation of the Project Manager and is subject to inspection by representatives of the County to ensure compliance with the requirements of the Construction Documents. Such inspection may include mill, plant, shop, or field inspection as required. The Project Manager, Professional, or any inspector(s) shall be permitted access to all parts of the work, including plants where materials or equipment are manufactured or fabricated.

iii) The presence of the Project Manager, Professional, or any inspector(s), however, shall not relieve the Contractor of the responsibility for the proper execution of the work in accordance with all requirements of the Construction Documents. Compliance is the responsibility of the Contractor. No act or omission on the part of the Project Manager, Professional or any inspector(s) shall be construed as relieving Contractor of this responsibility. The County may accept non-conforming work when adequate compensation is offered and it is in the County's best interest as determined by the County.

2.13.3 Time of Inspection and Tests

i) Sample and test specimens required under the Construction Documents shall be furnished and prepared for testing in ample time for the completion of the necessary tests and analyses before said articles or materials are to be used. Performance of the required tests will be by an independent testing company approved by the County and all costs therefore will be borne by the Contractor. Whenever the Contractor is ready to cover, or otherwise hide any work, the Project Manager shall be notified not less than 24 hours in advance with a request for inspection.

No such work of covering shall begin before the 24 hours in advance of any required inspections shall be reasonable cause for the Project Manager to order sufficient delay in the Contractor's schedule to allow time for such inspection. The costs of any remedial or corrective work required, and all costs of such delays, including its impact on other portions of the work, shall be borne by the Contractor. work performed by the Contractor shall be inspected by the Contractor and nonconforming work shall be noted and promptly corrected. The Contractor is responsible for the work conforming to the Construction Documents.

2.13.4 Sampling and Testing

i) When not otherwise specified, all sampling and testing shall be in accordance with the methods prescribed in the current standards of the ASTM, as applicable to the class and nature of the article or materials considered. However, the Project Manager reserves the right to use any generally accepted system of inspection which, in the opinion of the Project Manager will ensure the Project Manager that the quality of the workmanship is in full accord with the Contract Documents.

ii) The County shall reserve the right to make independent investigations and tests as specified in the following paragraph and failure of any portion of the work to meet any of the qualitative requirements of the Contract Documents, shall be reasonable cause for the County to require the removal or correction and reconstruction of any such work.

iii) In addition to any other inspection or quality assurance provisions specified by the County, additional test specimens of tests and analyses may be considered by the County to determine compliance with the applicable specifications for the materials so tested or analyzed provided that wherever any portion of the work is discovered, as a result of such independent testing or investigation by the Project Manager, which fails to meet the requirements of the Contract Documents, all costs of such independent inspection and investigation and all costs of removal, correction, reconstruction, or repair of any such work shall be borne by the Contractor.

2.13.5 Right of Rejection:

i) The Project Manager or designated representative, acting for the County, shall have the right at all times and places to reject any articles or materials to be furnished hereunder which, in any respect, fail to meet the requirements of the Contract Documents regardless of whether the defects in such articles or materials are detected at the point of manufacture, delivery, or erection.

ii) Contractor shall promptly remove or replace rejected articles or materials from the site of the work after notifications of rejections.

2.14 PRODUCTS DELIVERY, STORAGE, & HANDLING:

2.14.1 Contractor shall deliver, store and handle products in accordance with the manufacturer's recommendations, using means and methods that will prevent damage, deterioration and loss, including theft. Contractor shall submit to the Project Manager copies of all manufacturers' written recommendations regarding the same.

Delivery schedules shall be controlled to minimize long-term storage at the site. In particular, Contractor shall provide delivery/installation coordination to ensure minimum holding time for items that are easily damaged, or sensitive to deterioration.

2.15 PERMITS/UTILITY FEES:

2.15.1 The Contractor shall be responsible for obtaining and paying for 100% of all permits, utility fees, or licenses required for performing the work of the contract. Contractor shall coordinate with the appropriate regulatory agency in obtaining the necessary permits and approvals. The Contractor shall conduct their operations to conform to the requirements of the permits.

2.15.2 Where permits require that certain work is to be performed only in the presence of a representative of the permitting entity, the Contractor shall provide all coordination and notification required to assure that permit conditions are not violated.

2.15.3 The Contractor shall provide to the Project Manager proof that all final inspections have been approved and all permits closed-out.

2.16 SALVAGE BY THE COUNTY:

2.16.1 Notwithstanding any other provision stated elsewhere, the County reserves the full right to salvage and take possession of any item within the work areas designated for demolition. Contractor shall have no claim to any item which the County may wish to salvage and take possession of, nor shall the Contractor have any right to compensation for any such item salvaged by the County

2.17 CONTRACTOR'S SUBMITTALS:

During Pre-Construction meeting, but no later than 10 days after issuance of a Work Order, the Contractor shall submit the following to the Project Manager for review and acceptance:

1.Construction Schedule reflecting the actual Work Order time and dates.

2.Schedule of Shop Drawing submittals, highlighting long lead items and items on the critical path.

3.Permit Schedule.

4.Schedule of Values.

5.List of subcontractors and major suppliers.

2.18 CONSTRUCTION SCHEDULE:

2.18.1 When requested by the Project Manager, as part of its Work Order Proposal, the Contractor shall submit, for the Project Manager's acceptance, a Construction Schedule in the form of a Bar Chart reflecting the sequence of work as applicable. Activities shall be broken down in sufficient detail, as determined by the Project

Manager, to show all the work listed from top to bottom in a logical manner and indicating permitting, shop drawing submittals, long lead procurement items and the detailed amount of work to be undertaken in each area. The schedule shall not be larger than 11" x 17"

2.18.2 After a Work Order has been issued, the Contractor shall complete the work of the Work Order in accordance with the accepted Construction Schedule. The schedule shall be updated by the Contractor whenever requested by the Project Manager. The schedule update shall indicate the completed work up to date and the anticipated completion for the other items, with schedule recovery, if slippage occurs.

2.18.3 The Project Manager shall, if appropriate, assign and release specific work areas in the order of their priority.

This shall be reflected in the construction schedule or revised schedule.

2.19 SCHEDULE OF VALUES:

2.19.1 Contractor's Schedule of Values shall be submitted by the Contractor as per Contract Terms and Conditions and these Special Conditions. The Schedule of Values shall be in the County's form.

2.19.2 The Contractor shall submit a balanced Schedule of Values which does not provide for overpayment to the Contractor on activities which would be performed first. The Schedule shall be a true and balanced representation of the Work Order amount. The Schedule shall be revised and resubmitted until acceptable to the Project Manager. Once the Schedule has been approved by the Project Manager, the County reserves the right throughout the Work Order time (at its option), to require that the Contractor maintain a particular price contained in the Schedule of Values, for the purpose of negotiating Work Order revisions and Allowance Authorization Releases.

2.20 RECORD DRAWINGS:

2.20.1 Contractor shall maintain a set of prints at the job for the purpose of marking changes to the Contract Documents occurring due to field changes and Change Orders.

2.20.2 Prior to Final Completion, the Contractor shall transfer all information on marked drawings set to electronic files utilizing a program and format acceptable to the County. The Professional or Project Manager shall review and approve the resulting electronic record. A printed copy will then be furnished with the approved electronic record on (2ea) flash drives by the Contractor to the County. All changes will be clouded and notations of any deviation from the original documents.

2.21 REFERENCE AND SPECIFICATIONS:

2.21.1 The Contractor shall perform his work in accordance with Florida Building Codes, and all local applicable codes, regulations, Contract Documents, drawings and Specifications. The Contractor shall execute all work in accordance with the materials' label directions

2.22 MEETINGS AND CONFERENCES:

2.22.1 Pre-construction Meeting

1. A Pre-Construction meeting to discuss the work and coordination with the Project Manager, Professional, Users and other agencies, will be held before or after issuance of a Work Order, as appropriate.

2. The Contractor shall bring to the Pre-Construction meeting a schedule for each of the following:

a) Construction Schedule reflecting the actual Work Order time

b) Schedule of Shop Drawing submittals, highlighting long lead items and items on the critical path

c) Permit Schedule

d) Schedule of Values

e) List of subcontractors and major suppliers

2.22.2 Progress Meetings

Subsequent meetings will be held throughout the duration of the project. Progress Meetings shall be held weekly, if necessary, and at least twice a month. Project schedule shall be discussed for past work, current work and future work. Additional meetings shall be held as required to expedite the work or resolve any unexpected problems.

2.23 PROJECT SIGN: Project signs shall be provided by the Hillsborough County Communication Department as appropriate to the Work Order. At no cost to the County, the Contractor shall install the project sign and remove and dispose of signs at the completion of the project or when directed by the Project Manager.

2.24 CLOSE-OUT/CLOSE-OUT DOCUMENTS: The Contractor shall comply with the close-out procedures as described in the Contract Terms and Conditions. Specifically, Substantial Completion procedures and Final Completion requirements along with proof submitted to the Project Manager that all final inspections have been approved and permits closed-out. Close-out documents shall be provided to the Project Manager before issuance of Final Completion Certificate. Close-out documents shall be in the form of: (2 each) electronic copies of all product submittals, manuals, warranties, etc. on (2ea) flash drives.

2.25 WARRANTIES:

2.25.1 The Contractor shall provide warranties/guarantees in accordance with the Contract Documents and the Technical Specification, including manufacturer's standard warranties on products and special or extended warranties. Manufacturers' disclaimers and limitations on product warranties will not relieve the Contractor of the warranty on the work that incorporates the products. Written warranties made to the County are in addition to the implied warranties and shall not limit the duties, obligations, rights and remedies otherwise available under the law.

2.25.2 If required by the Construction Documents or by the manufacturer(s), Contractor or its subcontractors shall be certified or otherwise approved by manufacturers of products or equipment. All warranty work shall also be achieved by approved/certified entities.

2.25.3 Warranty/guarantee periods shall commence with Substantial Completion (or beneficial occupancy, if applicable). Contractor shall provide Contractor’s Warranty in lieu of all other warranties that all work performed, and materials furnished will be free from defects due to defective materials or workmanship for a period of twelve (12) months from the Date of Substantial Completion.

2.25.4 Contractor shall respond promptly to warranty requests. Replace or rebuild failed/defective work to an acceptable condition complying with the requirements of the Contract Documents and Construction Documents.

- END OF SPECIAL CONDITIONS-

SPECIAL CONDITIONS