252754FB_General_Conditions.pdf

SECTION 7

GENERAL

CONDITIONS

Rev. 12/22/11 GC-Page 1 of 48 General Conditions

INDEX

GENERAL CONDITIONS

ARTICLE SUBJECT PAGE

1.0 Definitions and Terms 4

1.1 General

2.0 Contractor Requirements 7

2.1 General

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 Pre-Construction 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/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 Area(s)

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 Construction/Progress Schedule

5.10 As-Built Documents

5.11 Permits, Licenses, Taxes, and Laws and Regulations

5.12 Work within the County/State Rights-of-Ways

5.13 Open Excavations

5.14 Erosion Control

5.15 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

Rev. 12/22/11 GC-Page 2 of 48 General Conditions

5.24 Salvaged Equipment and Materials

5.25 Clean-Up and Disposal

6.0 County’s Rights 22

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 County May Terminate for Cause

6.7 County May Terminate for Convenience

6.8 Partial Utilization

6.9 Project Audit

7.0 Contractor’s Rights and Responsibilities 25

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

8.0 County’s Responsibilities and Duties 29

8.1 Status of the Construction 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/Inspector

8.7 Right to Reject Defective Work

8.8 Shop Drawings, Product Data, and Samples

8.9 “Or Equal” and Substitutions

8.10 Claims

8.11 Recommendation of Substantial Completion and Final Payment

8.12 Cooperation

8.13 Availability of Lands for Work

8.14 Survey/Project Controls

9.0 Work by Others 34

9.1 Construction by the County or by Separate Contractors

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10.0 Cost of the Work 35

10.1 Lump Sum Work

10.2 Unit Price Work

10.3 Allowances

11.0 Changes, Delays, and Time Extensions 36

11.1 Changes in the Work

11.2 Interim Field Change Agreement (IFCA)/Contract Amendment

11.3 Change in Contract Price

11.4 Change in Contract Times

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 Form

12.4 Claims for Contract Price and Contract Times 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 Prompt Payment

13.9 Substantial Completion

13.10 Final Inspection

13.11 Final Acceptance

13.12 Release of Liens

13.13 Final Payment

13.14 Final Completion Delayed

14.0 Manufacturer's Instructions and Services 46

14.1 Manufacturer’s Instruction, Service and Parts Manual

14.2 Manufacturer’s Supervision

15.0 Warranty and Guarantee Provisions 46

15.1 Warranty and Guarantee 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

Rev. 12/22/11 GC-Page 4 of 48 General Conditions

GENERAL CONDITIONS

1.0 DEFINITIONS AND TERMS

1.1 GENERAL: Wherever used in the Contract Documents 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 Documents 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 staff person acting as the County’s authorized representative, responsible for 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.

CLAIM: A written demand or assertion by the County or the Contractor seeking an adjustment of Contract Price or Contract Times, 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, completed bid form, Performance and Payment Bond, Insurance Certificate(s), and other forms 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 sequentially numbered as to be readily identifiable as copies of the authentic Contract Documents.

CONSTRUCTION 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/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.

CONSTRUCTION/PROGRESS SCHEDULE: A time schedule prepared and submitted by the Contractor in an approved form and in a Primavera compatible approved format, describing the sequence and duration of activities comprising the Contractor’s plan to accomplish the Work within the prescribed Contract Times.

CONSTRUCTION PROJECT MANAGER: Authorized County representative with specific responsibilities and duties as defined by the County for management of specified portions of the Contract.

CONTRACT: The totality of the Contract Documents.

CONTRACT AMENDMENT: A form of Contract Modification requiring formal Sarasota County Commission approval.

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

CONTRACT MODIFICATION: A document signed by the County and the Contractor authorizing an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract.

Rev. 12/22/11 GC-Page 5 of 48 General Conditions

CONTRACT PRICE: The Contractor’s bid price accepted by the County, including or excluding additive or deductive alternates, as stipulated in Article II of the Construction Contract.

CONTRACT TIMES: The number of calendar days stipulated in Article VIII of the Construction Contract provided to the Contractor to achieve Milestones (as stipulated), Substantial Completion, and Final Completion of the Work, as defined herein.

CONTRACTOR: The person, firm, or corporation who executed the Construction Contract with the County, and who is responsible for the completion of the Work.

COUNTY: Political subdivision of the State of Florida including the SARASOTA COUNTY COMMISSION, the entity with whom the Contractor has entered into the Contract and for whom the Work is to be performed, including the County Engineer or designated representative.

DAY: The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

EFFECTIVE DATE OF THE CONTRACT: The date the Construction Contract is approved and signed by the County, on which date the Contract becomes effective.

ENGINEER/ARCHITECT OF RECORD: The person, firm or corporation registered in the State of Florida as a Professional Engineer/Architect, or Professional Engineering/ Architectural Company, responsible for the preparation and approval of 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. The Engineer/Architect of Record may be one or more persons, firms or corporations.

FIELD ADJUSTMENT: A minor modification to the Construction Plans/Drawings directed by the County, which may involve 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 COMPLETION AND ACCEPTANCE: The date when the Work is completed and approved by the County and the Contractor, including completion of all punch list items, submittal of approved as-built drawings, and completion of all other project close-out requirements, all as defined in the Contract Documents. Evidence witnessing this date will be issued in the “Final Completion and Acceptance Certificate”.

INTERIM FIELD CHANGE AGREEMENT (IFCA): A form of Contract Modification within the general scope of the Contract, which does not result in the Contract Price exceeding the amount stipulated in the Construction Contract. This Contract document, approved and signed by the County and the Contractor, authorizes an addition, deletion, or revision in the Work or an allocation of the Contract contingency or adjustment to the Contract Times, issued on or after the Effective Date of the Contract.

JOBSITE: Lands or areas indicated in the Contract Documents as being furnished by the County upon which the Work is to be performed, including rights-of-ways and easements for access thereto, and such other lands indicated by the County which are designated for the use of the Contractor.

MILESTONE: A principal event or Work item, specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

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

Rev. 12/22/11 GC-Page 6 of 48 General Conditions

NOTICE TO PROCEED: A written notice given by the County to the Contractor fixing the date on which the Contract Times will commence to run and on which date the Contractor shall start to perform the Work under the Contract. The Notice to Proceed will fix the dates of Milestones, where applicable, Substantial Completion, and Final Completion of the Contract, based on the stipulated Contract Times.

“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 followed by the term “or equal”.

PROJECT: The entire construction or installation to be performed which the Work under this Contract may be the whole or part.

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

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

SCHEDULE OF VALUES: A cost schedule prepared and maintained by the Contractor, allocating portions of the Contract 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 illustrate some portion of the Work.

SUBCONTRACTOR: An individual or entity having a direct 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 Contract Documents, 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.

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

SURETY: Any person, firm, or corporation that has executed as Surety the Contractor's Bid Bond and/or Performance and Payment Bond securing the performance of the Construction Contract.

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 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.

WORK: The entire construction required to be provided under the Contract. 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 Documents.

Rev. 12/22/11 GC-Page 7 of 48 General Conditions

2.0 CONTRACTOR REQUIREMENTS

2.1 GENERAL: 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 his own organization work amounting to not less than fifty one percent (51%) of the total Contract Price.

3.0 CONTRACT DOCUMENTS

3.1 CONTRACT DOCUMENTS: Refer to Article III of the Construction Contract for the list of

Contract Documents included in the Contract. The Contract Documents comprise the entire Contract between the County and Contractor.

3.2 INTENT:

A. It is the intent of the Contract Documents to describe the Work (or part thereof) to be constructed by the Contractor, which results in a complete and functional product. 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 several parts of the Contract are intended to be complimentary in describing the Work and the responsibilities of the Contractor and the County and any requirements stipulated in one part 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. IFCA and Contract Amendments

2. Construction Contract

3. Special Conditions

4. Supplemental General Conditions

5. General Conditions

6. Technical Specifications

7. Construction Plans/Drawings

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. No verbal agreement or conversation with any agent or employee of the County, Construction Project Manager or the Engineer/Architect of Record either before or after the execution of the Construction Contract shall affect or modify any of the terms or obligations contained in the Contract.

Rev. 12/22/11 GC-Page 8 of 48 General Conditions

3.3 CONFORMED CONTRACT DOCUMENTS: Following award of the Contract, the County will prepare the Conformed Contract Documents, providing one (1) originally signed and executed set to the Contractor. Up to three (3) additional copies of the Conformed Contract Documents will be 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. Refer to Article III of the Construction Contract for the list of Construction Plans/Drawings.

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 as so defined.

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 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 (IFCA), or a Contract Amendment.

B. The requirements of the Contract 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 employ-ees from those set forth in the Contract. No such provision or instruction shall be effective to assign to the County or any of their 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.

Rev. 12/22/11 GC-Page 9 of 48 General Conditions

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:

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 of 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 PRE-CONSTRUCTION CONFERENCE:

A. Following award of the Contract, the County may schedule a pre-construction conference. Attendees of the conference shall be the Contractor and the Contractors proposed superintendent, the County and authorized representative(s), utility company representatives, and other interested parties.

B. The pre-construction conference is intended to establish a working understanding among the parties, and to review work schedules, procedures for handling shop drawings and other submissions, processing of progress payments, and such other matters as may be pertinent to the Work. The Contractor shall submit, for approval by the County, a summary of the proposed work approach, a preliminary Schedule of Values, a preliminary Submittals Schedule, a preliminary Construction/Progress Schedule, emergency contact phone numbers, Labor and Equipment Rate Schedule (excluding overhead and profit), and any other information as required for the pre-construction conference.

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 Contract 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 Construction/Progress Schedule, provides for the review and acceptance of the Contractor’s submittals required by the Contract Documents, and must provide sufficient time for the County review so as to comply with the Contract Times.

2) This schedule shall also include any Contractor proposed substitutions/”or equal” products requiring review by and approval of the County. The Contractor shall provide sufficient time in the Construction/Progress Schedule for such product review.

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3) The Contractor’s schedule of submittals will be acceptable to the County if it provides for a workable arrangement for reviewing and processing the required submittals as shown on the Progress Schedule.

C. CONSTRUCTION/PROGRESS SCHEDULE:

1) This construction schedule, prepared in Primavera compatible critical path format, indicating the times (numbers of days or dates) for starting and completing the various items and stages of the Work, including the scheduling of any Milestones specified in the Contract Documents, Substantial Completion, and Final Completion.

The initial submittal shall, at a minimum, indicate the late start dates and late finish dates required to meet the Contract Times.

2) The Contractor’s Progress Schedule will be acceptable to the County if it provides for an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on the County responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve the Contractor from the Contractor’s full responsibility therefore.

D. The County will provide the Contractor with its comments to the above schedules. No Progress Payment will be made to the Contractor until acceptable schedules are submitted to the County.

4.3 NOTICE TO PROCEED: A written Notice will be provided to the Contractor by the County affirming the date on which the Contract Times will commence to run. The date of the Notice to Proceed generally begins the Contract Times 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 this Contract. This Notice to Proceed will also set the completion dates for Milestones (where applicable), Substantial Completion, and Final Completion of the Work. No work shall commence at the Jobsite prior to the date on which the Contract Times commence to run.

4.4 EARTH MOVING 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 rights-of-ways, 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 (5) days advanced written notice of the date scheduled to commence Work under this Contract 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 the utility companies and agencies well ahead of the proposed Work. The Contractor shall cooperate with all affected utility companies and provide schedules, etc., when requested.

C. Emergency Vehicle 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.

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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 (5) 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-video record in digital video 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 review and acceptance of the digital video’s covering the Work area(s) by the County.

The County shall have the authority to reject all or any portion of the audio-video recordings 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-video coverage. The audio-video recordings shall not be made more than thirty days prior to construction start. All audio/video recordings and written records related to the recordings shall become property of the County. Submittals of pre and post Construction digital video recordings will be as specified in the Contract Documents.

4.7 COMMUNICATIONS/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 separate contractors shall be through the County.

B. Notices: All forms of notices given by the Contractor or the County 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 written 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. Time limits stated in the Construction Contract are of the essence of the Contract. By executing the Contract, the Contractor confirms that the Contract Times stated in the Construction Contract are reasonable periods 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 current Construction/Progress 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 Contract Times.

5.2 SEQUENCE OF WORK:

A. The Contractor shall schedule the Work as set forth in the Contract Documents, and where shown, perform the Work in stages as indicated in the Contract Documents.

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

C. Special conditions, restrictions and allowances may be required to minimize inconvenience to the general public and to expedite the restoration efforts.

5.3 TEMPORARY FACILITIES/STAGING AND STORAGE AREA(S):

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

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 governing authorities 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 storm water drainage from the Work area.

3) Enforce strict discipline in the use of utility services. Limit availability to essential uses, so as to minimize waste. Do not allow the installations to be abused or endangered.

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 shall be responsible for locating, securing, and paying for staging and storage areas located outside of the County owned property and rights-of-ways.

2) The Contractor’s attention is directed to the County requirements involving permitting for Earth Moving activities. (See Article 4 – Pre-Construction Activities).

E. Storage of Materials:

1) All materials, supplies and equipment, including the 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 occurrence, and shall be responsible for damage resulting there from. 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 for disposal as called for in the Contract Documents or directed by the County, shall be performed in a legal manner in conformance with all local, State, and Federal laws and regulations.

Rev. 12/22/11 GC-Page 13 of 48 General Conditions

5.4 USE OF JOBSITE AND OTHER AREAS:

A. The Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Jobsite and other areas permitted by laws and regulations, and shall not unreasonably encumber the Jobsite and other areas with construction equipment or other materials or equipment. The Contractor shall allow use of the Jobsite by other contractors, by the County, and by the public, as applicable.

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.

5.6 WORK HOURS:

A. Regular working hours are defined as up to ten (10) hours per day, Monday through

Friday, beginning no earlier than 7:00 A.M. and ending no later than 5:00 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. Periodic unscheduled work hours on weekdays will be permitted provided that two hours 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 prevailing staff rates; and Sunday and holiday rates will be at 2 times the prevailing staff rates.

5.8 PROGRESS MEETINGS:

A. On days and at a location mutually agreed upon at the pre-construction conference, regular progress meetings shall be held at the Jobsite, at the County’s designated office, or at the Contractor’s project office, 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 CONSTRUCTION/PROGRESS SCHEDULE:

A. The Contractor shall adhere to the currently accepted Construction/Progress 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 Contract Times: The Contractor shall submit to the County for acceptance, proposed adjustments in the Construction/Progress Schedule that will not result in changing the Contract Times. Such adjustments, if accepted, shall be incorporated into a revised Progress Schedule which will be submitted with the Contractor’s next progress payment application.

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2) Proposed schedule adjustments with a change in Contract Times: Proposed changes to the Construction/Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11.

Adjustments in Contract Times may only be modified by an IFCA or Contract Amendment.

5.10 AS-BUILT DOCUMENTS:

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

B. All approved shop drawings, product data sheets, and samples, are to be made available to the County at all times 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.

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 (2) point swing-ties taken from permanent, readily identifiable reference points, such as building walls and corners, columns, utility poles, hydrants, valves, etc. All depths or elevations are to be taken from finished floors, finished grades, or from permanent bench marks shown on the Construction Plans/Drawings.

E. Prior to approval of the Contractor’s monthly payment applications, the County shall review the as-built drawings 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 have not been properly maintained.

F. Upon completion of the Work, and as a pre-requisite to Final Completion and Acceptance, these as-built drawings 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.

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 RIGHTS-OF-WAYS:

A. The Contractor shall refer to the latest revised editions of the Sarasota County Mobility standards, and the Florida Department of Transportation specifications and regulations for all work within the County and State rights-of-ways.

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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.

C. All private and public right-of ways, which are used or affected by the Work, will be maintained and preserved 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 the Florida Trench Safety Act. the Contractor shall comply with all OSHA regulations referenced in the Florida Trench Safety Act, and applicable to the construction of the Work.

C. The Contractor shall, at his own expense, provide suitable and safe bridges and other crossings for accommodating travel by vehicles, pedestrians and workmen.

D. If the excavation becomes a hazard, or if it excessively restricts traffic at any point, the County may require special construction procedures such as limiting the length of open trench and prohibiting stacking excavated material in the street.

E. Access to driveways must be maintained and, if disturbed or damaged, restored as soon as practical by the Contractor.

F. The maximum length of open trench shall be forty (40) feet at any one time. Trenches shall not remain open overnight.

G. The Contractor shall take precautions to prevent injury to the public due to open trenches. All trenches, excavated material, equipment, or other obstacles which could be dangerous to the public shall be barricaded and well lighted at all times when construction is not in progress.

H. All costs in connection with open excavations shall be included in the Unit Price and/or Lump Sum prices.

5.14 EROSION CONTROL:

A. The Contractor shall develop and maintain a plan to control erosion at the Jobsite, and submit the plan to the County for approval prior to the start of construction. The plan shall incorporate best management practices in the use of erosion control methods, be complete and in place prior to the start of construction in accordance with the Contract Documents, and as directed by the County.

B. The Contractor shall not commence clearing, grubbing, grading, or other construction activities which may cause erosion until the erosion control plan is in place, and approved by the County.

C. Where certain thresholds are met relative to the amount of area disturbed by the Work, a National Pollutant Discharge Elimination System (NPDES) permit will be required to be obtained by the Contractor, in accordance with the Contract Documents.

D. The Contractor shall regularly inspect, maintain, and repair or replace damaged components of the erosion control system. The Contractor shall maintain the erosion control system until final acceptance, and thereafter, remove the temporary erosion and sediment control system promptly.

5.15 MAINTENANCE OF TRAFFIC (MOT):

A. The Contractor shall be responsible for the design, submittal, and approval by the proper reviewing agencies, of maintenance of traffic (MOT) plans for each stage of the Work. It will be the Contractor’s responsibility to set up and maintain the MOT according to State and local transportation agency regulations. All MOT work shall conform to the requirements of the Sarasota County Mobility standards.

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B. The Contractor’s work under this section includes preparing, constructing, and maintaining of approved ingress and egress features at the temporary storage/staging facility to reduce/eliminate tracking of mud, silt, and dust onto public and private residential streets.

C. The Contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work, and to insure the protection of persons and property, in a manner satisfactory to the County.

D. The Contractor may not begin work until the maintenance of traffic (MOT) plan is approved in writing by Sarasota County Mobility. Any modification to the MOT plan requires Sarasota County Mobility written approval.

E. All spills caused by the Contractor’s operation will be cleaned up immediately.

F. All public and private streets affected by the Contractor’s hauling operations, shall be cleared of dust, debris, and minor drippings at the end of each work day.

G. Unless otherwise provided in the Bid Form, all costs in connection with the maintenance of traffic work shall be included in the Unit Price and/or Lump Sum prices.

5.16 SUBSURFACE AND PHYSICAL CONDITIONS:

A. Geotechnical Reports and Soil Borings: Technical data, such as reports and explorations and tests of subsurface conditions at or contiguous to the Jobsite are included, if applicable, in the Contract Documents, and were used by the Engineer/Architect of Record in preparing the Construction Drawings.

B. Limited Reliance by the Contractor on Technical Data: The Contractor may rely upon the general accuracy of the technical data contained in such reports. Except for such reli-ance on such technical data, the Contractor may not rely upon or make any claim against the County or the Engineer/Architect of Record, or any of their representatives or agents with respect to:

1) The completeness of such reports for the Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, and safety precau-tions and programs incident thereto; or

2) Other data, interpretations, opinions, and information contained in such reports;

or

3) Any Contractor interpretation of or conclusion drawn from any technical data or any such other data, interpretations, opinions, or information.

C. Differing Subsurface or Physical Conditions:

1) Immediately upon discovery by the Contractor of substantially differing subsurface and physical conditions than those shown in the Contract Documents, or unusual from conditions normally expected at Jobsites of this type, the Contractor shall promptly notify the County to obtain a determination on how to proceed with the Work. Except in an emergency, the Contractor shall not further disturb the Jobsite until the County investigates the conditions, provides further testing where required, resolves the issue, and directs the Contractor to proceed with the Work.

2) Should the County determine the conditions…