252720FB_UPC_General_Conditions.pdf

UPC GENERAL

CONDITIONS

Revised 09/23/2019 GC-Page 1 of 48 UPC General Conditions

INDEX

GENERAL CONDITIONS

ARTICLE SUBJECT PAGE

1.0 Definitions and Terms 4

2.0 Contractor Requirements 7

3.0 Contract Documents 7

3.1 Contract Documents

3.2 Intent

3.3 Conformed Contract Documents

3.4 Construction Plans/Drawings

3.5 Amending and Supplementing Contract Documents

3.6 Reference Standards

3.7 Reuse of Documents

4.0 Pre-Construction Activities 9

4.1 Post-Award Conference

4.2 Preliminary Schedules Submission and Acceptance

4.3 Notice to Proceed

4.4 Earthmoving Permit

4.5 Notifications

4.6 Audio-Visual Pre-Construction Record

4.7 Communications and Notices

5.0 Progress and Control of the Work 11

5.1 Timely Performance of the Work

5.2 Sequence of Work

5.3 Temporary Facilities/ Staging and Storage Areas

5.4 Use of Jobsite and Other Areas

5.5 Mobilization

5.6 Work Hours

5.7 Reimbursements to the County for Unscheduled Work Hours

5.8 Progress Meetings

5.9 Project Schedule

5.10 As-Built Documents

5.11 Permits, Licenses, Taxes, and Laws and Regulations

5.12 Work within the County/State Right of Way

5.13 Open Excavations

5.14 Erosion Control

5.15 TEMPORARY TRAFFIC CONTROL/Maintenance of Traffic (MOT)

5.16 Subsurface and Physical Conditions

5.17 Existing Underground Facilities

5.18 Quality Control

5.19 Materials, Equipment, and Workmanship

5.20 Inspection and Testing of Materials and Equipment

5.21 Sanitary Regulations

5.22 Safety and Health Regulations/Protection of Property

5.23 Hazardous Environmental Conditions

5.24 Salvaged Equipment and Materials

5.25 Clean-Up and Disposal

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6.0 County’s Rights 23

6.1 County Access to Work

6.2 County May Stop Work

6.3 County May Correct Defective Work

6.4 Right to Retain Defective Work

6.5 County May Suspend Work

6.6 Termination

6.7 Substantial Completion of a Part of The Work

6.8 Project Audit

7.0 Contractor’s Rights and Responsibilities 26

7.1 General

7.2 Supervision and Superintendency

7.3 Subcontractors and Material Suppliers

7.4 Labor

7.5 Reporting Discrepancies

7.6 Project Layout

7.7 Coordination with Other Contractors

7.8 Emergencies

7.9 Patent Fees and Royalties

7.10 Safety Representative

7.11 Hazard Communication Program

7.12 Risk of Loss

7.13 Protection and Restoration of Public and Private Property

7.14 Protection of Environmental Resources

7.15 Protection of Historic and Archeological Resources

7.16 Florida Power & Light Service

7.17 Utility Services

8.0 County’s Responsibilities and Duties 30

8.1 Status of the Project Manager

8.2 Review and Approval of the Work

8.3 Resolution of Discrepancies

8.4 Recommendation of Progress Payments

8.5 Inspection and Examination of the Work

8.6 Project Representative

8.7 Right to Reject Defective Work

8.8 Shop Drawings, Product Data, and Samples

8.9 Brand Name or Equal and Substitutions

8.10 Cooperation

8.11 Availability of Lands for Work

8.12 Survey/Project Controls

9.0 Work by Others 35

9.1 Construction by the County or by Separate Contractors

10.0 Cost of the Work 35

10.1 Lump Sum Work

10.2 Unit Price Work

10.3 Allowances

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11.0 Changes, Delays, and Time Extensions 36

11.1 Changes in the Work

11.2 Interim Field Change Agreement/Contract

Amendment/Work Assignment Amendment

11.3 Change in Work Assignment Price

11.4 Change in Work Assignment Time

11.5 Delays and Time Extensions

11.6 Notice to Surety

12.0 Claims and Damages 40

12.1 Time of Claim

12.2 Value of Claim

12.3 Claim Process

12.4 Claims for Price and Time Adjustment

12.5 Continuation of the Work

12.6 County’s Action

13.0 Payments to Contractor and Completion 41

13.1 General

13.2 Supporting Documentation

13.3 Progress Payments

13.4 Payment for Stored Materials

13.5 Retainage

13.6 County May Withhold Payments

13.7 Liquidated Damages

13.8 Substantial Completion

13.9 Final Inspection

13.10 Final Acceptance

13.11 Release of Liens

13.12 Final Payment

13.13 Final Completion Delayed

14.0 Manufacturer's Instructions and Services 45

14.1 Manufacturer’s Instruction, Service and Parts Manual

14.2 Manufacturer’s Supervision

15.0 Warranty Provisions 46

15.1 Warranty Provisions

16.0 Miscellaneous 47

16.1 Certified Chemicals

16.2 Fuel Adjustments

16.3 Equipment Maintenance

16.4 Spill Prevention/Containment

16.5 Disposal of Pollutants

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GENERAL CONDITIONS

1.0 DEFINITIONS AND TERMS

Wherever used in the Contract and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural, as well as pronouns used in their place. This list is not meant to be all inclusive, as other terms may be defined elsewhere in the Contract printed with initial capital letters.

ADDENDA: Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the Contract Documents.

ADMINISTRATIVE AGENT: The County employee acting as the County’s authorized representative, responsible for monitoring the performance and Final Acceptance of the Work.

This agent, named in the Contract, has responsibility for Contract Document interpretations, Contractor compliance with the terms of the Contract, and resolutions in cases of Contract Document discrepancies, claims, disputes, and non-compliance.

APPLICATION FOR PAYMENT: The form acceptable to the County which is to be used by the Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract.

BURDENED RATE: Consists of indirect costs associated with Contractor employees, over and above gross compensation or payroll costs. Costs included in the Burdened Rate are payroll taxes, workers' compensation and health insurance, paid time off, training and travel expenses, vacation and sick leave, pension contributions and other benefits. The Burdened Rate does not include overhead and profit.

CLAIM: A written demand or assertion by the Contractor seeking an adjustment of Work Assignment price or Work Assignment time, or both, or other relief with respect to the terms of the Contract.

CONFORMED CONTRACT DOCUMENTS: The formal Contract Documents prepared by the County, incorporating all addenda, Unit Price Schedule, Performance and Payment Bond, Insurance Certificate(s), and other forms or documents required by the Contract into a bound set of final documents which will be exclusively used and recognized during the construction of the Work. Each set of Conformed Contract Documents will be so labeled and be readily identifiable as copies of the authentic Contract Documents.

CONTRACT: The written contract executed by the County and the Contractor for the performance of the Work, which incorporates by reference all Contract Documents.

CONSTRUCTION PLANS/DRAWINGS: A set of drawings prepared and/or approved by the Engineer or Architect of Record, which graphically shows the scope, extent, and character of the work to be furnished and performed by the Contractor. Shop Drawings and other Contractor submittals are not Construction Plans/Drawings, as so defined.

CONTRACT AMENDMENT: A modification to the Contract (not Work Assignment) requiring formal County approval.

CONTRACT DOCUMENTS: All documents listed in Article IV of the Contract.

CONTRACT MODIFICATION: A document signed by the County and the Contractor authorizing an amendment to either the Contract, or a Work Assignment, including an addition, deletion, or revision in the Work or an adjustment in the Work Assignment price or the Work Assignment time.

CONTRACT UNIT PRICE: Unit prices established by the Contract.

CONTRACTOR: The person or entity who executed the Contract, and who is responsible for the completion of the Work.

COUNTY: Political subdivision of the State of Florida including Sarasota County Commission, the entity with whom the Contractor has entered into the Contract and for whom the Work is to be performed.

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DAY: A calendar day of 24 hours measured from midnight to the next midnight.

DOH: Sarasota County Department of Health.

EFFECTIVE DATE OF THE CONTRACT: The date the Contract is approved and signed by the County.

ENGINEER/ARCHITECT OF RECORD: The person, firm or corporation licensed or registered in the State of Florida as a professional engineer or architect responsible for preparing and signing/sealing the Construction Plans/Drawings and Technical Specifications; the permitting of the project with federal, state, and local agencies having jurisdiction over the Work; and for certification that the Work completed was in substantial conformance with the approved plans and specifications, and/or noting and recording exceptions that did not substantially affect the functionality or quality of the Work required for its intended use.

FDEP: Florida Department of Environmental Protection

FIELD ADJUSTMENT: A minor modification to the Construction Plans/Drawings directed by the County, which may involve adjustments such as a structure location or quantity change as may be found desirable to avoid any obstructions, interference with existing structures, or for other reasons that would benefit the Work, without causing or creating a scope change to the Work.

FINAL ACCEPTANCE: The County’s final acceptance of all Work and determination that all Work is completed including all deficiency list items, submittal of approved as-built drawings, and completion of all other project close-out requirements, all as defined in the Contract Documents. The “Final Acceptance Certificate” will include the date Final Acceptance is achieved.

FLORIDA BUILDING CODE: The Florida Building Code, current edition, is a set of standards designed by the state of Florida for buildings.

INTERIM FIELD CHANGE AGREEMENT (IFCA): A Work Assignment modification within the general scope of the Work Assignment, which authorizes an addition, deletion, or revision in the Work or an allocation of the Work Assignment contingency or adjustment to the Work Assignment time. It cannot change the Work Assignment amount.

JOBSITE: Lands or areas upon which the Work is to be performed, including right of way and easements for access thereto, and such other lands indicated by the County which are designated for the use of the Contractor to perform the Work.

NASSCO: National Association of Sewer Services Companies.

NOTICE: A formal written correspondence rendered by the Contractor or the County for the purposes of providing notice to the parties of transmittals, requests for information, conditions discovered, pending actions, claims, and other actions pursuant to the Contract requirements.

NOTICE TO PROCEED: A Notice given by the County to the Contractor establishing the date on which the Work Assignment time will commence, and on which date the Contractor shall start the Work.

“OR EQUAL”/SUBSTITUTION: An item reviewed and approved by the County following the effective date of the Contract based on the Contractor’s submittal of alternates or substitutions for equipment/supplies/materials in response to the Technical Specifications denoting the item by a brand name or equal.

PROJECT: All work to be performed as set forth in each Work Assignment issued under this Contract.

PROJECT MANAGER: Authorized County representative with specific responsibilities and duties, as defined by the County, for management of specified portions of a Work Assignment

PROJECT REPRESENTATIVE (PR): County’s authorized field representative, responsible for periodic oversight of the Work, with specific duties and limitations as outlined in these General Conditions.

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PROJECT SCHEDULE: A time schedule prepared and submitted by the Contractor in an approved form and in a critical path methodology format, describing the sequence and duration of activities comprising the Contractor’s plan to accomplish the Work within the prescribed time, as stated in the Work Assignment.

SCHEDULE OF SUBMITTALS: A schedule of required submittals and the time requirements to support scheduled performance of related Work activities required by the Contract Documents, and prepared and maintained by the Contractor.

SCHEDULE OF VALUES: A cost schedule prepared and maintained by the Contractor, allocating portions of the Work Assignment price to various lump sum items of the Work as defined in the Contract Documents, and used as the basis for reviewing and approving the Contractor’s Application For Payment.

SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for the Contractor and submitted by the Contractor to the County to illustrate some portion of the Work.

STANDARD SPECIFICATIONS: Standard Specifications shall refer to the current edition of the FDOT’s Standard Specifications for Road and Bridge Construction, unless specified herein.

Where FDOT specifications refer to “Department”, “Engineer”, “Engineer of Tests”, or “Division of Tests”, it shall mean the County.

SUBCONTRACTOR: An individual or entity having a contract with the Contractor or with any other Subcontractor for the performance of a part of the Work.

SUBSTANTIAL COMPLETION: Occurs when the Work is sufficiently complete, in accordance with the Work Assignment, so that the Project or specified part of the Project can be utilized for the purpose for which it was intended. The date of Substantial Completion will be evidenced in writing by the “Certificate of Substantial Completion,” approved and signed by the Contractor and the County’s Administrative Agent or authorized representative.

SUPPLEMENTAL GENERAL CONDITIONS: That part of the Contract Documents which amends or supplements these General Conditions.

TECHNICAL SPECIFICATIONS: That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

UNDERGROUND FACILITIES: All underground appurtenances including, but not limited to pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other facilities or attachments, and encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone, or other communications, cable television, water, wastewater, reuse water, storm water, other liquids or chemicals, or traffic or other control systems.

UTILITY SYSTEMS CODE: The Sarasota County Uniform Water, Wastewater and Reclaimed Water Systems Code, latest revision.

WORK: The entire construction required to be provided under the Work Assignment. Work includes and is the result of performing or providing all plant, labor, equipment, tools, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract and Work Assignment.

WORK ASSIGNMENT: A written agreement under this Contract for an individual project, which has its own scope of work, price, liquidated damages, and construction duration and other project-specific requirements, if any.

WORK ASSIGNMENT AMENDMENT: A modification to a Work Assignment that increases the Work Assignment amount.

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2.0 CONTRACTOR REQUIREMENTS

The Work covered by the Contract Documents includes the furnishing of all plant, labor, equipment, tools, materials and performing all operations and construction work, including all appurtenant work, in accordance with the Contract Documents. The Contractor shall perform all operations, construction, and incidentals necessary to complete the Work in a turnkey condition. The Contractor may subcontract a portion of the Work, but shall perform, with its own organization, work amounting to not less than fifty one percent of the total Work Assignment price.

3.0 CONTRACT DOCUMENTS

3.1 CONTRACT DOCUMENTS: Refer to Article IV of the Contract for the list of Contract Documents included in the Contract. The Contract Documents in conjunction with the Contract comprise the entire contract between the County and Contractor.

3.2 INTENT:

A. It is the intent of the Contract to describe the Work (or part thereof) to be constructed by the Contractor, which results in a complete and functional product, as stipulated by each Work Assignment. Any plant, labor, materials, equipment, tools, and services that may be reasonably inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended results will be provided, whether or not specifically called for, at no additional cost to the County.

B. The various parts of the Contract are intended to be complementary in describing the Work and the responsibilities of the Contractor and the County and any requirements stipulated in one of the Contract Documents is as binding on the parties as though occurring in all. In the event there are any conflicting provisions or requirements among the Contract Documents, the provisions and requirements of the Contract Documents shall take the following order of precedence:

1. Contract Amendments

2. Contract, excluding incorporated documents

3. IFCA and Work Assignment Amendment

4. Work Assignment

5. Supplemental General Conditions, if any

6. General Conditions

7. Technical Specifications

8. Construction Plans/Drawings

9. Any other document incorporated by reference in the Contract

In case of discrepancy concerning dimension, quantity, and location, graphic drawings will take precedence over the specifications; explanatory notes on the drawings will take precedence over conflicting drawn indications; and large-scale details will take precedence over smaller scaled drawings. In case of discrepancy concerning quality and/or quantity within the documents, the Contractor shall include the better quality and/or the greater quantity, unless otherwise determined in writing by the County. Interpretations and resolution of discrepancies within the Contract Documents shall be made solely by the County’s Administrative Agent and issued in writing upon receipt of the Contractor’s written request.

C. The Contractor shall fully comply with all requirements of the Contract and Work Assignment. No verbal agreement or conversation with any agent or employee of the County, Project Manager or the Engineer/Architect of Record either before or after the execution of the Contract shall affect or modify any of the terms or obligations contained in the Contract.

3.3 CONFORMED CONTRACT DOCUMENTS: Following award of the Contract, the County will prepare the Conformed Contract Documents, providing one originally signed and executed set to the Contractor. Up to three additional copies of the Conformed Contract Documents will be

Revised 09/23/2019 GC-Page 8 of 48 UPC General Conditions provided to the Contractor at no charge. Additional copies of the Conformed Contract Documents may be obtained from the County upon payment of reproduction costs. One complete set of Construction Plans/Drawings and Technical Specifications shall be maintained at the Jobsite for as-built drawings preparation by the Contractor, and shall be available for review by the County at all times.

3.4 CONSTRUCTION PLANS/DRAWINGS:

A. The Construction Plans/Drawings, when applicable, will be provided with each Work Assignment.

B. The general character and scope of the work is illustrated by the Construction Plans/Drawings. These drawings, which show the scope, extent and character of the Work to be furnished and performed by the Contractor have been prepared and/or approved by the Engineer/Architect of Record and are referred to in the Contract Documents. Shop Drawings are not Construction Plans/Drawings.

C. Checking of Drawings and Dimensions:

1) The Contractor shall check all drawings immediately upon their receipt and shall promptly notify the County in writing of any discrepancies. Anything shown on the drawings and not mentioned in the Technical Specifications or mentioned in the Technical Specifications and not shown on the drawings, shall be of like effect as if shown or mentioned in both.

2) Figures marked on all drawings shall, in general, be followed in preference to scale measurements. Large-scale drawings shall, in general, govern small-scale drawings.

The Contractor shall compare all drawings and verify the figures before laying out the Work and will be responsible for any errors which might have been avoided thereby.

When dimensions on the drawings are affected by the type of equipment selected, the Contractor shall adjust such dimensions as conditions may require, upon written notification and approval of the County.

3.5 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS:

A. The Contract and any Work Assignment may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by an Interim Field Change Agreement, a Work Assignment Amendment or a Contract Amendment.

B. The requirements of a Work Assignment may be supplemented and minor variations and deviations in the Work may be authorized by a written interpretation or clarification, or by a Field Adjustment as directed by the County.

3.6 REFERENCE STANDARDS:

A. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to laws or regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or laws or regulations in effect on the Effective Date of the Contract, except as may be otherwise specifically stated in the Contract.

B. No provision of any such standard, specification, manual, or any instruction of a manufacturer or supplier shall be effective to change the duties or responsibilities of the County or the Contractor or any of their Subcontractors, consultants, agents, or employees from those set forth in the Contract or Work Assignment. No such provision or instruction shall be effective to assign to the County or any of its authorized representatives, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract or Work Assignment.

3.7 REUSE OF DOCUMENTS:

A. The Contractor and any Subcontractor or supplier or other individual or entity performing or furnishing all or any portion of the Work, shall not:

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1) Have or acquire any title to or ownership rights in any of the drawings, specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the Engineer/Architect of Record or the Engineer/Architect of Record’s consultants, including electronic media editions.

2) Reuse any such drawings, specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of the County and the Engineer/Architect of Record and specific written verification or adaption by the Engineer/Architect of Record.

B. The prohibition of this paragraph will survive final payment, or termination of the Contract.

Nothing herein shall preclude the Contractor from retaining copies of the Contract Documents for record purposes.

4.0 PRE-CONSTRUCTION ACTIVITIES

4.1 POST-AWARD CONFERENCE:

A. Prior to issuance of the initial Work Assignment, the County may schedule a post-award conference. Attendees of the conference shall be the Contractor and the Contractor’s proposed superintendent, the County and authorized representative(s), utility company representatives, and other interested parties.

B. The post-award conference is intended to establish a working understanding among the parties regarding the administration of the Contract as a whole, and to review typical work schedules, procedures for handling Shop Drawings and other submissions, processing of progress payments, and such other matters as may be pertinent to all Work Assignments.

The Contractor shall submit, for approval by the County, a summary of the proposed work approach, a preliminary Schedule of Values for any lump sum items, a preliminary Submittals Schedule, emergency contact phone numbers, labor and equipment rate schedule (excluding overhead and profit), and any other information required.

4.2 PRELIMINARY SCHEDULES SUBMISSION AND ACCEPTANCE:

A. Schedule Of Values:

1) This schedule includes quantities and prices for all lump sum bid items, which when added together equal the lump sum price for each such item bid, and subdivides the lump sum items into component parts in sufficient detail to serve as the basis for the review and approval of progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each lump sum item of Work bid.

2) The Contractor’s Schedule of Values will be acceptable to the County as to form and substance if it provides a reasonable allocation of the lump sum Contract prices to component parts of the lump sum item of Work.

B. Submittals Schedule:

1) This schedule, which is incorporated into the Project Schedule, provides for the review and acceptance of the Contractor’s submittals required by the Contract Documents, and must provide sufficient time for County review prior to issuance of any Work Assignment.

2) This schedule shall also include any Contractor-proposed substitutions and ”or equal” products, as defined in Article 8.9, requiring review by and approval of the County.

The Contractor shall provide a minimum of fifteen days in the Project Schedule for such product review.

C. Project Schedule:

1) The Project Schedule, when required, shall be in a critical path format, indicating the duration of activities for starting and completing the various items and stages of the Work, including the scheduling of any milestones specified within the Work Assignment, such as Substantial Completion, and Final Acceptance. The initial submittal shall include the late start and finish dates and early start and finish dates required to meet the Work Assignment time.

2) The Contractor’s Project Schedule will be acceptable to the County if it provides for an orderly progression of the Work to completion within the Work Assignment time. Such

Revised 09/23/2019 GC-Page 10 of 48 UPC General Conditions acceptance will not impose on the County responsibility for the Project Schedule, for sequencing, scheduling, or progression of the Work, nor interfere with or relieve the Contractor from the Contractor’s full responsibility therefor.

D. The County will provide the Contractor with comments to the above schedules. No progress payment will be made to the Contractor until an acceptable schedule is submitted to the County.

4.3 NOTICE TO PROCEED: A Notice will be provided to the Contractor by the County affirming the date on which the Work Assignment time will commence. The date of the Notice to Proceed generally begins the Work Assignment time unless another date is otherwise agreed to by the County and the Contractor and is the date on which the Contractor shall start to perform the Contractor’s obligations under the Work Assignment. This Notice to Proceed will also set the completion dates for milestones (where applicable), Substantial Completion, and Final Acceptance of the Work. No work shall commence at the Jobsite prior to the date on which the Work Assignment time commences. Should the Substantial Completion milestone land on a weekend or County holiday, the milestone will be moved to the next business day. The same will apply to the Final Acceptance milestone and shall be reflected as such in the Notice to Proceed.

4.4 EARTHMOVING PERMIT:

A. Temporary storage and stockpiling of materials resulting from earthmoving activities on private property will require a permit based on the Sarasota County Earthmoving Ordinance. The Contractor is responsible for obtaining an Earthmoving Permit prior to commencing construction, in the event the Contractor plans on storing and stockpiling such materials on private property.

B. Earthmoving activities, such as excavating, hauling, receiving, and stockpiling, performed in connection with a Sarasota County construction or maintenance project, and performed within and upon County-owned property and right of way, is authorized under the Sarasota County Earthmoving Ordinance as an exemption. These activities, however, may be subject to certain submittals per the Earthmoving Ordinance. The Contractor is responsible for determining what, if any, submittals are required in order to comply with the Earthmoving Ordinance.

4.5 NOTIFICATIONS:

A. Notice to the County: The Contractor shall give the County five days advance Notice of the date scheduled to commence Work under the Work Assignment in order that required County actions may be started sufficiently in advance of the Contractor's operations. This Notice to the County shall be given within the time frame of the issuance of the Notice to Proceed.

B. Notification of Utility Companies: The Contractor shall notify utility companies well ahead of the proposed Work. The Contractor shall cooperate with all affected utility companies and shall provide schedules and other relevant information when requested.

C. Emergency Services Notification: The Contractor shall notify the police, fire department, and ambulance services of the proposed construction schedule one week in advance of the proposed Work.

D. Resident Notification: The Contractor will provide notification to all residents affected by and adjacent to the Work. The notification will be delivered no less than one week prior to construction commencement. Notices shall be hand-delivered door to door to the properties first affected by the construction; thereafter properties to be affected within five days of construction shall receive notice thereof. The door hanger format shall be developed by the County for use by the Contractor.

4.6 AUDIO-VISUAL PRE-CONSTRUCTION RECORD: Prior to commencing the Work, the Contractor shall have a continuous color audio-visual recording and/or photos in digital format taken at and around the Jobsite, and along the length of the proposed Work, to serve as a record of pre-construction conditions. No construction shall begin prior to the County’s review

Revised 09/23/2019 GC-Page 11 of 48 UPC General Conditions and acceptance of the digital video(s) and/or photos covering the Work area(s). The County may reject all or any portion of the audio-visual recordings or photos not conforming to the specifications and order that it be redone at no additional charge. The Contractor shall promptly reschedule the re-recording of unacceptable coverage after being notified. The County will designate those areas, if any, to be omitted from or added to the audio-visual coverage. The audio-visual recordings and/or photos shall not be made more than thirty days prior to construction start. All audio-visual recordings, photos and written records related to the recordings shall become property of the County. Submittals of pre-construction and post-construction digital video recordings and photos will be as specified in the Contract Documents. The Contractor shall have preliminary construction survey stakeout completed, center-line of pipe or offsets, and Sunshine One Call locate flags completed prior to any photo or video work to allow the work zone area to be identified with existing and proposed condition locations, if applicable.

4.7 COMMUNICATIONS AND NOTICES:

A. Communications: Except as otherwise provided in the Contract, the County and the Contractor shall endeavor to communicate to each other on matters arising out of or relating to the management of the Work. Communications by and with the County’s consultants shall be through the County. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other County contractors shall be through the County.

B. Notices: All forms of Notices must be in writing and delivered to the other party in the manner of and within the time prescribed by the Contract Documents. If a Notice is not presented in a timely manner, it is presumed not to have been given.

5.0 PROGRESS AND CONTROL OF THE WORK

5.1 TIMELY PERFORMANCE OF THE WORK:

A. By executing the Work Assignment, the Contractor confirms that the Work Assignment time, as stated, is a reasonable period for performing the Work.

B. The Contractor shall execute the Work in such time and with such forces of workers, materials, equipment and tools as are required to complete the Work as contemplated in the Contract Documents and detailed in the Project Schedule. If at any time the workers, materials, equipment and tools used are insufficient or improper for securing the quality of work required or the required rate of progress, the Contractor shall increase its efficiency and improve the quality of its work to comply with the Contract Documents and as is necessary to complete the Work within the Work Assignment time.

C. The Contractor shall provide temporary utility service to any businesses or dwellings affected during the construction of the Project.

5.2 SEQUENCE OF WORK:

A. The Contractor shall schedule the Work and perform the Work in stages as set forth in the Work Assignment.

B. The Contractor shall submit a Work sequence schedule/plan, when required, to the County for review prior to any construction activity. This Work sequencing, once approved, shall be reflected in the Project Schedule. The Contractor shall take into consideration any special conditions, restrictions and allowances identified in the Contract Documents, when developing the sequence schedule/plan and implementing the Work.

C. Special conditions, restrictions and allowances may be required to minimize inconvenience to the general public and to expedite restoration to their original condition, all areas utilized by the Contractor in performance of the Work.

5.3 TEMPORARY FACILITIES/STAGING AND STORAGE AREAS:

A. The Contractor shall provide adequate facilities at every stage of performing the Work.

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B. The types of facilities and utility services required for general temporary use at the Jobsite may include the following (other specific services may be required for specific construction methods or operations):

1) Water service (potable for certain uses).

2) Portable sanitary facilities.

3) Drainage and run-off control facilities.

4) Compressed air service.

5) Electric power service.

C. In setting up temporary facilities, the Contractor shall:

1) Follow all applicable codes and ordinances that may govern the permitting and inspection by authorities having jurisdiction in establishing the temporary facilities.

2) Comply with pollution and environmental protection regulations for the use of water and other services, and for the discharge of wastes and stormwater drainage from the Work area.

3) Enforce strict discipline in the use of utility services. Limit availability to essential uses, to minimize waste.

4) Provide adequate signs, fences, barricades, and flashing lights, and take all necessary precautions for the protection of the Work area and the safety of the public.

D. Staging and Storage Areas:

1) The Contractor’s attention is directed to the County requirements involving permitting for Earth Moving activities.

2) The Contractor shall be responsible for locating, securing and paying for staging and storage areas. Prior to utilization of such area (including proposed areas within the Project limits, County owned property and right of way), Contractor shall submit to the County for review and approval a staging and storage area usage plan including, but not limited to:

a) A detailed site plan outlining all properties that will be utilized. The site plan shall be designed to provide protection of, and minimize disruption to, adjoining properties,

b) A minimum ten foot setback will be maintained along all property boundaries. This area will not be utilized for any project purpose to include driving or parking. This setback also applies along any right of way line.

c) A plan for daily clean up, dust control and regular removal of trash, garbage or any other odor producing material.

d) Identification of all uses on the property (e.g. material locations and proposed heights, equipment staging, and construction trailers),

e) Provide for protection from adverse noise, odor and visual impacts by providing appropriate fencing and/or screening measures.

f) Implement best management practices to prevent sediment transport and erosion due to stormwater runoff from the staging area site.

3) The staging area will be surrounded by a privacy fence. The fence will be a minimum of eight feet high or the height of stored material, whichever is greater. The fence will obstruct the view into the staging area on all sides including along any right of way line, if directed by the County.

4) Hours of operation at the staging area shall be no greater than work hours approved for the Project.

5) Traffic ingress and egress points shall be directed away from residential properties.

6) In the event the County determines the Contractor’s staging area activities have become disruptive to adjoining properties, the Contractor shall immediately take necessary steps to eliminate the disruption. The County may increase minimum requirements specified herein based on specific Project circumstances and information submitted by the Contractor in the site plan.

7) In addition to the site and storage plan required above, the Contractor shall obtain the required County Temporary Use Permit for proposed staging and storage areas not on County-owned property or right of way.

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8) No property may be used as a staging and storage area which abuts a residential property and has been utilized under an approved County Temporary Use Permit at any time within the last thirty-six month period, until the expiration of such period.

E. Storage of Materials:

1) All materials, supplies and equipment, including County-supplied materials, supplies and equipment, intended for use in the Work shall be suitably stored by the Contractor at the Contractor’s expense, to prevent damage from exposure to the elements of nature, mixture with foreign substances, vandalism or theft, or other cause. The Contractor shall take all precautions against any such damage occurring, and shall be responsible for damage resulting therefrom. Delivered materials shall be stored in a manner recommended by the manufacturer or supplier and acceptable to the County before any payment will be made.

2) The County will refuse to accept, or sample for testing, any materials, supplies or equipment that have been improperly stored or have become contaminated in any way. Materials found unfit for use shall not be incorporated in the Work and shall immediately be removed from the Jobsite.

3) All materials removed from the Jobsite as called for in the Contract Documents or directed by the County, shall be disposed of in a legal manner in conformance with all local, state, and federal laws and regulations.

5.4 USE OF JOBSITE AND OTHER AREAS:

A. The Contractor shall confine the storage of materials and equipment to the Jobsite and other areas permitted by law and regulations. The Contractor shall allow use of the Jobsite by other contractors, by the County, and by the public, as directed by the County.

B. The Contractor shall keep the Jobsite free of rubbish and waste materials on a continual basis and shall restore to their original condition those portions of the Jobsite disrupted by the construction.

5.5 MOBILIZATION:

A. The Contractor shall mobilize as required for the proper performance and completion of the Work.

B. Project Sign(s):

1) General: The Contractor shall erect project sign(s), if required and listed on the Work Assignment Unit Price Schedule, conforming to the specifications as listed below. The Contractor shall comply with Chapter 556, F.S., Underground Facility Damage Prevention and Safety Act procedures, as required. The sign(s) shall be the property of the Contractor for the duration of the Project and shall be maintained by the Contractor. The Contractor shall be responsible for the relocation of the sign(s) during the progress of construction, as directed by the County.

2) Project Sign Location: The Project sign(s) shall be placed:

a. At locations designated by the County.

b. Within County right of way.

c. To be highly visible.

d. At a position that will not obstruct pedestrian or vehicular traffic.

e. At a location that will not be a roadside hazard.

3) Project Sign Construction:

a. The project sign(s) shall be constructed of ½ inch (nominal) thick exterior-grade plywood sheeting. Posts shall be 12 feet long, pressure-treated lumber with a nominal 4”x 4” square dimension.

b. The sign face dimensions shall be 5 feet wide by 3 feet high.

c. All sign supports shall be installed in accordance with FDOT Standard Indexes, as applicable.

d. Upon completion of the Work Assignment, the Contractor shall remove the sign(s) and supports and restore the site to the satisfaction of the County.

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4) Project Sign Content: Sign content and details shall be provided by the County at the pre-construction meeting and approved through the Shop Drawing process.

5.6 WORK HOURS:

A. Regular working hours are defined as up to ten hours per day, Monday through Friday, beginning no earlier than 7:00 A.M. and ending no later than 7:00 P.M., excluding Saturdays, Sundays, and Holidays.

B. Whenever the Contractor is performing any part of the Work, with the exception of equipment maintenance and cleanup, inspection of the Work will be required.

C. Requests for approval by the County to work other than regular working hours must be submitted to the County at least 48 hours prior to any proposed weekend work or scheduled extended workweek hours.

D. Unforeseen unscheduled work hours on weekdays will be permitted provided that the work is justified, and a two-hour Notice is provided to the County. Maintenance and cleanup may be performed during hours other than regular working hours.

5.7 REIMBURSEMENTS TO THE COUNTY FOR UNSCHEDULED WORK HOURS: The Contractor shall reimburse the County for additional construction management and/or inspection costs incurred as a result of unscheduled work in excess of regular working hours. At the County's option, unscheduled work costs may either be deducted from the Contractor's monthly payment request or deducted from the Contractor's retainage prior to release of final payment. Construction management/inspection costs shall be as follows: Overtime and Saturday rates shall be at 1.5 times the fully burdened rates of staff; and Sunday and holiday rates will be at 2 times the fully burdened rates of staff.

5.8 PROGRESS MEETINGS: On days mutually agreed upon, regular progress meetings shall be held at an agreed upon location, to review the progress of the Work, identify any utility issues and potential delays or problems, review any required Project submittals, review progress payment applications, and discuss other issues that may arise.

5.9 PROJECT SCHEDULE: The Contractor shall adhere to the Project Schedule as it may be adjusted from time to time, as provided below, and as may be further detailed in the Contract Documents.

1) Schedule adjustments with no change in Work Assignment time: The Contractor shall submit to the County proposed adjustments in the Project Schedule that will not result in changing the Work Assignment time. Such adjustments, if accepted, shall be incorporated into a revised Project Schedule, which will be submitted with the Contractor’s next progress payment application.

2) Proposed schedule adjustments with a change in Work Assignment time: Proposed changes to the Project Schedule that will change the Work Assignment time shall be submitted in accordance with the requirements of Article 11.4, Change in Work Assignment time and may only be made through an IFCA or Work Assignment Amendment.

5.10 AS-BUILT DOCUMENTS:

A. The Contractor shall maintain at the Jobsite one record set of Conformed Contract Documents, IFCAs, Work Assignment Amendments, Contract Amendments, and written interpretations and clarifications in good order and annotated to show changes made during progress of the Work.

B. All approved Shop Drawings, product data sheets, and samples shall be made available at all times to the County during the progress of the Work.

C. During the progress of the Work, the Contractor shall maintain accurate daily written records of the Work performed and conditions of the Work. The Contractor shall maintain, during the progress of the Project, accurate records of the location, length and elevation of all new and existing pipelines and appurtenances. Information to be shown for utility mains shall include the location of all crosses, tees, wyes, bends, valves, curb stops, meter boxes, hydrants, stub-outs, blow-offs, air release valves, etc., by using a two point swing

Revised 09/23/2019 GC-Page 15 of 48 UPC General Conditions measurement from permanent physical features that can readily be found on the drawing and in the field, in a table format.

D. The record set of Construction Plans/Drawings, which will become the as-built drawings, shall be “red-lined” by the Contractor to show all changes in the Work, including approved materials and equipment changes and approved changes in horizontal and vertical alignments made during the course of the Work. All locations and dimensions shall be referenced by two point swing-ties taken from permanent, readily identifiable reference points, such as building walls and corners, columns, utility poles, hydrants, and valves.

All depths or elevations are to be taken from finished floors, finished grades, or from permanent benchmarks shown on the Construction Plans/Drawings. The Contractor shall furnish as-built top of pipe elevations and finish grade for top of trench for all utility mains at maximum intervals of one hundred feet and at all utility crossings, service connections, gravity and vacuum laterals, at all fittings and valves, and all changes in grade and pipe type. For directional drilled utility mains, the as-built top of pipe elevations shall be recorded every rod length change and plotted on the plan and profile drawing sheets. In addition, the Contractor shall reference all new utility mains by the distance to the right of way or property markers.

E. Prior to approval of the Contractor’s monthly payment applications, the County shall review the as-built drawings, videos and/or photos, to ensure that they are up to date and accurate. The County may withhold progress payments should the review reveal that the as-built drawings, videos and/or photos have not been properly maintained.

F. Upon completion of the Work, and as a prerequisite to Final Acceptance, these as-built drawings, videos and/or photos shall be delivered in good condition to the County.

G. The Contractor shall be held responsible for the accuracy of the as-built drawings and shall bear any costs incurred in finding utilities or other concealed or buried Work items, as a result of incorrect data furnished by the Contractor. The review of the as-built drawings by the County does not relieve the Contractor from obligations under the Contract, and for providing the necessary information on Work completed for the Engineer/Architect of Record’s certification.

H. All visible utility features shall be surveyed using conventional and/or GPS equipment at survey grade level and in accordance with Sarasota County Survey/GPS Standards. The recorded/blue booked GPS control monument, recorded benchmark elevation, and the vertical datum used shall be as noted on the Construction Plans/Drawings. Coordinates shall be based on the State Plane, Florida West 1983.

5.11 PERMITS, LICENSES, TAXES, AND LAWS AND REGULATIONS:

A. Unless otherwise provided in the Contract, the Contractor shall obtain and pay for all necessary permits and licenses required by federal, state, and local agencies having jurisdiction over the Work, prior to the start of construction. The Contractor shall adhere to the permit conditions provided in the permits issued by all such agencies and shall post all permits in a conspicuous location at the Jobsite.

B. The Contractor shall pay all sales, consumer use and other similar taxes required by the laws and regulations of the place where the Work is performed.

C. The Contractor shall give all Notices and comply with all laws, ordinances, rules and regulations related to the Work.

5.12 WORK WITHIN THE COUNTY/STATE RIGHT OF WAY:

A. The Contractor shall refer to the latest editions of the Sarasota County Unified Development Code and the Florida Department of Transportation Standard Specifications for Road and Bridge Construction for all work within the County and State right of way.

Any reference to “Department”, “Engineer”, “Engineer of Tests”, or “Division of Tests” in the latter shall mean the County.

B. Contractor shall apply for, pay, and obtain the necessary city, county, and state right of way permit(s) prior to the start of any Work within a public right of way.

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C. All private and public right of way, which are used or affected by the Work, will be maintained and preserved free from damage during the Contractor’s operations and restored to their original or better condition upon completion or cessation of Work.

5.13 OPEN EXCAVATIONS:

A. All open excavations shall be adequately safeguarded by providing temporary barricades, caution signs, lights and other means to prevent accidents to persons, and damage to property.

B. The Contractor shall comply with all provisions of Chapter 553, F.S, the Florida Trench Safety Act,…