8-EXHIBIT F - Special Conditions.pdf

Stormwater Maintenance & Repair Services 1 Special Conditions

EXHIBIT F

RFP 2025-30

Stormwater Maintenance & Repair Services

SPECIAL CONDITIONS

If there are any conflicts between these Special Conditions and the project Special Provisions, the project Special Provisions shall prevail.

SC-1. DESCRIPTION OF THE WORK: Work performed under this Contract will consist of construction, maintenance and repair of stormwater infrastructure including, but not limited to, pipes, drainage structures, open channels, stormwater management facilities, and lagoons within the limits of the Town of Hilton Head Island, South Carolina. The Contractor shall be able to perform construction activities including, but not limited to, repair, replacement, and new installation of drainage structures, pipe removal, repair, and installation for various materials (e.g. RCP, CMP, HDPE, Plastic, HP, Orangeburg, PVC, etc.), masonry structures, outlet control structures/weirs, flood control devices (e.g.

weir gates, flap gates, sluice gates, slide gates), trench drains, earthwork, grading, channel and pond cleaning/excavation/stabilization, use of swamp mats, trimming/removing vegetation, asphalt pavements, concrete curb, gutters, flumes, driveways, sidewalks, pathways, traffic control, pavement markings, guardrails, retaining walls, groundwater control, cofferdam installation/removal and maintenance, fences, erosion and sedimentation controls, protection of all utilities, relocation, repair, and installation of wet utilities, landscaping and irrigation repair, and/or other related construction activities.

The majority of work that will be completed under this Contract will be smaller maintenance and repair work for stormwater infrastructure, which may typically involve sinkhole repairs, shallow (< 6’ deep) and smaller storm pipe installation/repair/replacement (< 36” diameter), installation/replacement/repair of drainage inlets, drainage ditch/lagoon excavation, asphalt/concrete patching, etc.

Work that may be completed under this Contract includes larger construction projects and may typically involve larger storm pipe installation/replacement (≥ 36” diameter), maintenance/repair/replacement of deeper storm drain systems (≥ 6’ deep), lagoon dam repair, and may require the use of temporary shoring walls, trench boxes, diving services for temporary pipe plugs, well-point systems, etc.

The Contractor shall have sufficient resources (e.g. personnel, equipment, etc.)

and availability to work on multiple construction projects simultaneously for the life of the Contract.

The Contractor may be asked to respond to and/or assist with emergency requests.

If the Town is unable to secure the area, the Town would expect the Contractor at a minimum to secure the impacted area/public hazard temporarily (i.e. temporary

Stormwater Maintenance & Repair Services 2 Special Conditions signage, barriers, road plates, lane closures, etc.) at its earliest convenience until such time the Job Order could be issued for a Contractor to perform the construction work. The Town may need emergency assistance after natural disasters, such as emergency sinkhole repairs, pumping, road flooding, etc. The Town would expect the Contractor at a minimum to have a crew and equipment available for emergency assistance after the incident has passed and it is possible to enter the Island with Town-issued incident re-entry passes.

The Town anticipates grouping smaller planned projects together to minimize mobilization for the Contractor, as well as, allowing the Contractor longer performance periods to complete these grouped projects.

The Town may divide larger projects into smaller scopes of work, if it is determined to be advantageous to the Town to do so (e.g. the Town issues a Job Order to one Contractor for major underground stormwater repairs, but issues a separate second Job Order to a different Contractor, or utilizes proper procurement methods, for the paving portion of the project). This is intended to alleviate any Subcontractor coordination issues or delays for the primary Job Order. The Contractor(s) must have the ability to perform, or subcontract, all work associated with the line items listed in the Unit Cost Schedule.

SC-2. GENERAL PROVISIONS: The work on this project is to be performed under the South Carolina Department of Transportation (SCDOT) Standard Specifications for Highway Construction, Current Edition; current SCDOT Supplemental Technical Specifications released by SCDOT at the time the bids for this project were opened; the Federal Highway Administration Manual on Uniform Traffic Control Devices for Streets and Highway (MUTCD), Current Edition; the Plans, Project Specifications, and these Special Conditions.

The Offeror shall show satisfactory evidence of experience and qualifications.

SC-3 DEFINITIONS: A substantial amount of specification language constitutes definitions for terms found in other Contract Documents, including Plans (also may be referred to as drawings) which must be recognized as diagrammatic in nature and not completely descriptive of requirements indicated thereon. Certain terms used in Contract Documents are defined generally in this section.

Definitions in this section are general for the work to the extent not stated more explicitly in another section of Contract Documents.

Whenever the word, "Engineer" appears in these specifications and in the Plans, add the words "or Owner's Representative."

Where not otherwise explained, terms such as: "directed", "requested", "authorized", "selected", "approved", "required", "accepted", and "permitted" shall mean "directed by Engineer/Owner, etc." However, no such implied

Stormwater Maintenance & Repair Services 3 Special Conditions meaning will be interpreted to extend Engineer's/Owner's responsibility into Contractor's area of construction supervision.

Where used in conjunction with Engineer's/Owner's response to submittals, requests, applications, inquiries, reports, and claims by Contractor, the meaning of term "approved" will be held to limitations of Engineer's/Owner's responsibilities and duties as specified in General and Supplementary Conditions. In no case will "approval" by Engineer/Owner be interpreted as a release of Contractor from responsibilities to fulfill requirements of Contract Documents.

The term "install" is used to describe operations at project site, including unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations, as applicable in each instance.

The term "provide" means furnish and install, complete and ready for intended use, as applicable in each instance.

The term "installer" is used to describe the entity (person or firm) engaged by Contractor or its Subcontractor for performance of a particular unit of work at the project site, including installation, erection, application, and similar required operations. It is a general requirement that such Installers be experienced in operations they are engaged to perform.

SC-4. INDUSTRY STANDARDS:

General Applicability of Standards: Applicable standards of construction industry have the same force and effect (and are made a part of Contract Documents by reference) as if copied directly into Contract Documents, or as if published copies were bound herewith.

Reference Standards (referenced directly in Contract Documents or by governing regulations) have precedence over non-referenced standards which are recognized in industry for applicability to work.

Non-referenced Standards recognized in the construction industry are hereby defined, except as otherwise limited in Contract Documents, to have direct applicability to the work, and will be so enforced for performance of the work.

The following abbreviations may be used throughout these specifications.

AASHTO American Association of State Highway and Transportation

Officials.

ANSI American National Standards Institute

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ASTM American Society for Testing and Materials

EJCDC Engineers Joint Contract Documents Committee

FS Federal Specification (General Service Administration)

SCDOT South Carolina Department of Transportation

MUTCD Manual on Uniform Traffic Control Devices for Streets and

Highways

SC-5. CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE: The Contractor shall not commence work under this agreement until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Town, nor shall the Contract allow any Subcontractor to commence work on his subcontract until the insurance required of the Subcontractor has been obtained and accepted.

a) Employer's Liability Insurance: The Contractor shall take out and maintain during the life of the contract the South Carolina statutory Workmen's Compensation and Employer's Liability Insurance for all of his employees to be engaged in work on the project under the contract and, in case any such work is sublet, the Contractor should require the Subcontractor similarly to provide Workmen's Compensation and Employer's Liability Insurance for all the latter's employees to be engaged in such work.

b) General Liability, Bodily Injury and Property Damage Liability Insurance:

The Contractor shall take out and maintain during the life of the contract a General Liability Insurance policy for an amount not less than One Million dollars ($1,000,000.00.) The policy shall include the Bodily Injury Liability and Property Damage Liability Insurance to protect him and any Subcontractor performing work covered by the contract from claims for damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from operations under the contract, whether such operations be by himself or by a Subcontractor or by anyone directly or indirectly employed by either of them and the amount of such insurance should be not less than:

Bodily Injury Liability Insurance, in an amount not less than $1,000,000.00 for injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than $500,000.00 on account of one accident.

Property Damage Insurance in an amount not less than $350,000.00 for damages on account of any one accident, and in an amount not less than $1,000,000.00 for damages on account of all accidents.

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c) Builder's Risk Insurance (Fire and Extended Coverage): The Contractor shall have adequate fire and standard extended coverage, with a company or companies acceptable to the Town, in force on the project.

The provisions with respect to Builder's Risk Insurance shall in no way relieve the Contractor of his obligation of completing the work covered by the Contract.

d) Proof of Carriage of Insurance: Prior to commencing work hereunder, Contractor, at his expense, shall furnish a current insurance certificate showing the certificate holder as Town of Hilton Head Island, One Town Center Court, Hilton Head Island, SC 29928, Attention: Bryan McIlwee, and with a special notation naming The Town of Hilton Head Island as an additional insured on the liability coverage. The Contractor shall furnish the Town with certificates showing the type, amount, class of operations, effective dates and date of expiration of policies. Such certificates shall contain a clause to the effect that the policy shall not be canceled or reduced, restricted, or limited until thirty (30) days after the Town has received written notice, as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcript from the proper office of the insurer, the location, and the operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause.

Contractor shall either:

(a) require each of his subcontractors to procure and maintain during the life of his subcontract, Subcontractor Comprehensive General Liability, Automobile Liability and Property Damage Liability Insurance of the type and in the same amounts as specified in this contract; or

(b) insure the activities of his subcontractors in his own policy.

Certificates of Insurance must be filed at time of proposal opening through the Owner on form provided in specifications or on AIA Document G705, November, 1978 Edition by an insurer authorized to do business in the State of South Carolina by the South Carolina Insurance Commission. All blanks and questions on Certification must be filled out completely. Incomplete or inadequate Certificate will be returned to Contractor as unsatisfactory and commencement of his work will be delayed until satisfactory Certificate is submitted. Such delay will not warrant extension of contract time.

The above section supersedes Article 5.04 in the General Conditions.

SC-6 COMMENCEMENT AND COMPLETION OF WORK: The Contractor shall commence work within 5 days after the start date specified in corresponding Job Order. The Contractor shall complete the work within the performance period specified in the Job Order. Any and all extensions of time shall be in accordance

Stormwater Maintenance & Repair Services 6 Special Conditions with the General Conditions except as otherwise hereinafter provided. The Contractor agrees that time is of the essence for all projects in this Agreement.

If the Contractor fails to prosecute the work with such diligence as will insure the completion of each portion of the work within the time provided in the project Job Order, plus any extensions made in accordance with Article 12 of the General Conditions; and, if the Owner does not exercise his reservations as set forth in Article 13, the Contractor shall continue the work in which event the actual damages for the delay will be impossible to determine. In lieu thereof, liquidated damages will be Job Order specific and may be assessed for each day required to complete the work past the Substantial Completion deadline.

The Contractor shall not be liable for any excess costs, if the failure to perform the Contract arises out of causes beyond the control and without the fault of negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a Subcontractor, and if such default arises out of causes beyond the control of both the Contractor and the Subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the Subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule. Unless weather delays are specifically allowed in this Agreement, they are not cause for excusable delays.

SC-7. DRAWINGS: The work shall conform to the Plans and specifications specific to each Job Order.

SC-8. OBSERVATIONS AND TESTING: Before acceptance of the whole or any part of the work, it shall be subjected to observation and tests to determine that it is in accordance with the plans and specifications. The Contractor will be required to maintain all work in a first-class condition for a 30-day operating period after the same has been completed as a whole and the Owner has notified the Contractor in writing that the work has been finished to his satisfaction. The Contractor shall pay for all testing. He shall engage a mutually acceptable laboratory or qualified individual to conduct the tests in accordance with these specifications. No portion of the work will be accepted until tests prove it has been satisfactorily completed.

The Contractor shall give the Project Engineer or Project Representative a minimum of 48 hours’ notice for all required observations or tests.

SC-9. BONDS: Performance or Payment Bonds may be required for this Contract when

Job Order exceed $100,000, at the sole discretion of the Town.

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SC-10. SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work and Safety Standards Act (PL 91- 54). The regulations are administered by the Department of Labor and the Contractor shall allow access to project to personnel from that Department.

Safety Precautions:

With respect to all work performed under this Contract, the Contractor shall comply with the safety standard provisions of applicable laws, codes, and the requirements of the Occupational Safety and Health Act of 1970. The Contractor shall also meet applicable temporary traffic control sections of the “Manual on Uniform Traffic Control Devices (MUTCD)”, latest edition.

In particular, the Contractor and its employees shall at all times:

• Exercise every precaution for the prevention of accidents and the protection of persons (including employees) and property. Employees shall wear appropriate Personal Protective Equipment for the work and conditions.

• Maintain on all vehicles, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor’s care of persons (including Contractor’s employees), who may be injured on the job site.

• Not be permitted to work at the job site until the Contractor has made a standing arrangement for removal of injured persons to a hospital or a doctor’s care.

Until final acceptance of the work under this Contract, the Contractor shall continuously maintain adequate protection of their work and work in progress from damage, and shall protect machinery, equipment, materials and supplies being handled, from loss or damage arising out of or in connection with the prosecution of their work. The Contractor shall make good any such loss or damage. The Contractor shall adequately protect adjacent private and public property as provided by law and the Contract Documents.

Contractor shall not load or permit any part of any structure to be loaded with a weight that would endanger its safety. It shall be the Contractor's responsibility to verify the acceptable load carrying capacity of any structure the Contractor's equipment or work will affect, unless the load carrying capacity is so stated by the Engineer.

The Contractor shall immediately report in writing, giving full details, to the Owner all accidents which arise out of or in connection with the performance of the work, whether on or adjacent to the site, which cause death, serious personal injury or substantial property damage. In addition, the accident shall be reported immediately by the telephone or messenger to the Engineer. If a claim is made or

Stormwater Maintenance & Repair Services 8 Special Conditions suit is filed by anyone against the Contractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, with a copy to the Owner, giving full details of the claim.

The Contractor shall assume all risks of loss or damage of any kind to any vehicles, machinery, equipment, materials or supplies which the Contractor shall provide in doing the work.

The Contractor shall conduct the work in such a manner as to adequately protect property owned by others on or about the Owner's premises from damage by the construction operations.

The Contractor shall take all necessary precautions for the safety of employees on the work. The Contractor shall comply with all applicable provisions of Federal, State and local safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed.

The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards and barricades for the protection of employees on the work and the safety of others employed near the work and the public. The Contractor shall post danger signs and warning lights warning against the hazards created by such features of the construction.

Traffic Regulations:

The Contractor is responsible for complying with all Federal, State, and local laws and regulations regarding applicable traffic, safety, speed, and weight limits for bridges and roads utilized for transport. Repeated failure of the Contractor to comply with applicable load and traffic regulations will result in suspension of transport operations until the Contractor demonstrates to the satisfaction of the Engineer that the Contractor has taken sufficient steps to ensure compliance with these regulations. The Engineer reserves the right to require the Contractor to suspend or terminate the use of any truck, driver, or related equipment if, in his opinion, the equipment or operator is unsuited for the work or operating in an unsafe or potentially unsafe manner. The Contractor shall notify, and coordinate with, local law enforcement and highway agencies regarding transport activities which shall be undertaken for the work.

SC-11. HOLD HARMLESS CLAUSE: The Contractor agrees to hold harmless, indemnify and defend the Town and his agents, architects, engineers and employees from and against any and all claims, losses, damages, demands, causes of action and any and all related costs and expenses, of every kind and character, growing out of, incidental to, or resulting directly or indirectly from the Contractor's performance of the work described herein, whether such loss, damage, injury, or liability is contributed to by the negligence of the Town, its agents, architects, engineers, or employees, except that the Contractor shall have

Stormwater Maintenance & Repair Services 9 Special Conditions no liability for damages or the costs incidental thereto caused by the sole negligence of the Town, its agents, architects, engineers, or employees.

The Contractor will require any and all Subcontractors to conform with the provisions of this clause prior to commencing any work and agrees to ensure that this clause is in conformity with the insurance provisions of the Contract.

SC-12. CONTRACTOR'S STATUS: It is agreed that the Contractor shall occupy the status of an Independent Contractor and the Contractor's employees are not employees of the Town.

The Contractor will be required to assume sole responsibility for the complete effort, as required by this Agreement. The Town will consider the Contractor to be the sole point of contact with regard to contractual matters.

SC-13. SUBCONTRACTING: If any part of the work covered by this Agreement is to be subcontracted, the Contractor shall identify the subcontracting organization and the contractual arrangements made with same. The Contractor will furnish the corporate or company name and the names of the officers of any Subcontractors. All Subcontractors utilized for this Contract must have a Town Business License, as well as, the insurance and licenses required by the work and the Contract. No Subcontractor may be used under this Contract without prior written approval from the Town. The primary Contractor must perform a majority of the work under this Contract; Subcontractors may not perform more than 50% of the total annual work contracted dollar amount.

All subcontracted work for items not listed in the Unit Cost Schedule shall be paid for by the Town at the Subcontractor’s Cost of Work plus a fee, according to the General Conditions (Exhibit B). Any proposed subcontracted work must be submitted to the Town via an estimate provided by the Subcontractor prior to the subcontracted work being approved in writing by the Town. The Subcontractor costs in the estimate must be inclusive of all direct and indirect costs associated with completing the work, including, but not limited to, mobilization, equipment, labor, and fuel costs.

SC-14. SUBCONTRACTOR REFERENCES: The Contractor shall provide the Town with three (3) references of companies or agencies that have contracted with the Subcontractor within the past three (3) years for similar type construction work using the attached reference forms. The Owner must approve each Subcontractor in writing prior to his engagement by the Contractor.

SC-15. CONTRACTOR'S AFFIDAVIT: Upon completion of the work and prior to final payment and settlement of all sums due hereunder, Contractor will furnish to Town, a Contractor's Affidavit in the usual form submitted by Contractor under the laws of the State of South Carolina to the effect that all bills for labor, materials and services in connection with said Contract have been paid in full, Stormwater Maintenance & Repair Services 10 Special Conditions acknowledging receipt of the Contract price and averring that there are no outstanding claims under said Contract which could become a lien on the real estate arising out of said Contract.

Stormwater Maintenance & Repair Services 11 Special Conditions

STATUTORY AFFIDAVIT

COUNTY OF ___________________________________

STATE OF ___________________________________

FROM ___________________________________

(Contractor)

TO Town of Hilton Head Island

RE: Contract entered into the _____ day of 202_, between the above-mentioned parties.

KNOWN ALL MEN BY THESE PRESENTS:

1. The Undersigned hereby certifies that all work required under the above Contract has been performed in all accordance with the terms thereof, that all material men, subcontractors, mechanics and laborers have been paid and satisfied in full, and that there are not outstanding claims of any character, (including disputed claims or any claim to which the Contractor has or will assert any defense) arising out of the performance of the Contract which have not been paid and satisfied in full except as listed hereinbelow:

(Instruction - Enter the "none" or list the names of claimants and the amount claimed by each.)

2. The Undersigned further certifies that to the best of his knowledge and belief there are not unsatisfied claims for damages resulting from injury or death to any employees, subcontractors, or the public at large arising out of the performance of the Contract, or any suits or claims for any other damage of any kind, nature, or description which might constitute a lien upon the property of the Owner.

3. The Undersigned makes this affidavit as provided by law and for the purpose of receiving final payment in full settlement of all claims against the Owner arising under or by virtue of the Contract, and acceptance of such payment is acknowledged as a release of the Owner from any and all claims arising under or by virtue of the Contract.

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This ___ day of _________________________, 202_.

Signature

Title

Firm

SC-16. RESIDENT PROJECT ENGINEER: The Town reserves the right to furnish a

Resident Project Engineer as deemed necessary to insure the Project quality control and conform to Plans and Specifications, who will act as the Owner's Representative on the Project and will have the authority of the Engineer as set forth in the Contract Documents.

SC-17. BARRICADES, DANGER AND WARNING SIGNS: The Contractor shall at all times follow the requirements of the “Manual on Uniform Traffic Control Devices”, latest edition, and the SCDOT Work Zone Safety Handbook. All traffic control devices shall be in accordance with the "Manual on Uniform Traffic Control Devices" latest edition. The Contractor shall install and maintain barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices and shall take all necessary precautions for the protection of the work and safety of the public. Lanes closed to traffic shall be protected at all times by effective barricades. No night time traffic control is allowed, unless specifically authorized in writing by the Town. Suitable warning signs shall be provided to control, direct traffic and warn pedestrians. Upon completion, all barricades, signs and the like shall be removed.

SC-18. TOOLS, PLANT AND EQUIPMENT: If at any time before the commencement or during the progress of the work, tools, plant or equipment appear to the Engineer to be insufficient, inefficient or inappropriate to secure the quality of the work required or the proper rate of progress, the Engineer may order the Contractor to increase their efficiency, to improve their character, to augment their number, or to substitute new tools, plant, or equipment, as the case may be, and the Contractor must conform to such order; but a failure of the Engineer to demand such increase of efficiency, number, or improvement shall not relieve the

Stormwater Maintenance & Repair Services 13 Special Conditions

Contractor of his obligation to secure the quality of work and the rate of progress necessary to complete the work within the time required by his Contract to the satisfaction of the Town.

SC-19. ACCIDENTS: The Contractor shall provide, at the site, such equipment and medical facilities as are necessary to supply first-aid service to anyone who may be injured in connection with the work. The Contractor must report in writing to the Engineer all accidents whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which causes death, personal injury or property damages, giving full details and statement of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Contractor and any Subcontractor on account of any accident, the Contractor shall promptly report the facts to the Engineer, giving full details in writing of the claim. The Contractor shall advise his superintendent and foreman, who are on the site of the work, the name of hospital and phone number and the name and phone number of the doctor he proposes to use in case of an accident.

SC-20. SANITARY PROVISIONS: The Contractor shall provide temporary sanitary facilities for the use of the workmen during the progress of the work. The sanitary facilities shall conform to the requirements of the South Carolina Department of Health & Environmental Control. All facilities shall be removed at the completion of the Contract.

SC-21. MODIFICATION AND DELETION OF WORK: The itemized quantities in the

Job Order shall be considered by the Contractor as the quantities required to complete the work for the purpose of bidding. Should actual quantities required in the construction of the work be greater or less than the quantities shown on the Job Order items, an amount equal to the difference in quantities at the unit prices for the item will be added to or deducted from the Contract price. Payment will be made according to actual quantities expended.

When itemized quantities are not given in the Proposal, the work shown on the plans or specified shall be considered by the Contractor to be included in his Contract for the lump sum prices proposal.

The Town reserves the right to delete quantities and portions of the work shown on the plans due to access issues and land rights.

SC-22. RESPONSIBILITY REGARDING EXISTING UTILITIES AND

STRUCTURES: The Contractor shall be solely responsible for locating all existing utilities and for any damages to existing utilities while executing a Job Order. The Contractor shall contact South Carolina 811 at 1-888-721-7877, at least 72 hours prior to beginning excavation. The Contractor shall provide the Town copies of the SC811 ticket and number as soon as they receive it and this shall be attached to the Job Order as a submittal. The existence and location of

Stormwater Maintenance & Repair Services 14 Special Conditions underground utilities will be investigated and verified in the field by the Contractor before starting work. The location of all known interferences based on the best information available has been shown on the drawings, but this information may not be complete. The Engineer assumes no responsibility for the accuracy of their location or that all utilities are shown. Existing utilities and obstructions that will be encountered during construction shall be located and their elevations determined in advance of construction. Excavation in the vicinity of existing structures and utilities shall be carefully done by hand. Contractor shall report interferences and discrepancies to the Engineer and the Owner immediately. The Contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. The Contractor is responsible for coordinating with the utility companies for locations, any relocation, adjustment or replacement of utility facilities. Contractor is responsible for removing all utility locate flags at the end of the individual projects.

SC-23. INTERRUPTION OF UTILITY SERVICE: The Contractor's operations shall be so conducted as to interfere as little as possible with utility services. Any proposed interruption by the Contractor must be accepted in advance by the Engineer.

SC-24. OMISSION: The drawings and specifications shall both be considered as a part of the Contract. Any work and material shown in the one and omitted in the other, or described in the one and not shown in the other, or which may fairly be implied by both or either, shall be furnished and performed as though shown in both, in order to give a complete and first class job.

SC-25. MEASUREMENT AND PAYMENT: Measurement and payment shall be made for the units and at the lump sum Contract prices shown on the Unit Cost Schedule, Exhibit E. Direct payment shall only be made for those items or work specifically listed in the proposal and the cost of any other work must be included in the Contract price for the applicable items to which it relates.

The Town will pay the Contractor within thirty (30) working days upon receipt and authorization to pay from the Town's Contract representative of Contractor's invoice for work completed and accepted by the Town. The Town does not pay any late charges.

Progress Payments - Progress payments will be made on monthly estimates, based on the amount of work done or completed. The monthly payments will be approximate, and all payments will be subject to correction in the subsequent estimates and the final payment.

The Town has the right to withhold payment for an invoice or any portion of an invoice where payment is in question. Contractor is still required to complete the remaining portions of the Agreement.

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The amount of payments shall be the total value of the work done to the date of the estimate on the basis of the lump sum price.

Partial payments will also be made for the delivered cost of materials intended to be incorporated in the Work, provided the materials meet the requirements of the Contract Documents when delivered to Project Site and stored in acceptable manner. Payments will be made only if a copy of the invoice from the materials supplier listing the cost of the materials accompanies the payment request.

Retainage - The retainage of 10% shall apply to all payment requests.

The Contractor will be funded at 90% of actual cost until Substantial Completion has been fulfilled whereby the retainage of 10% of the cost, less change orders, will be released.

Payment Application Times - The date for each progress payment is the 25th day of each month. The period of construction work covered by each payment request is the period ending 10 days prior to date for each progress payment, and starting day following end of preceding period.

Submit to the Owner an itemized application for payment (i.e. payment request) at least 10 days before the date of each progress payment (i.e. the 15th day of each month).

Payment Application Forms – Payment must be made on the EJCDC Document C620 Contractor’s Application for Payment, which will be provided to the Contractor.

Application Transmittal - Submit 2 executed copies of each payment application.

Transmit each copy with a transmittal form listing attachments, and recording appropriate information related to application in a manner acceptable to the Owner.

Comply with procedures for submittals specified in SC-37 - Submittals, of this document.

Application Preparation - Except as otherwise indicated, complete every entry provided for on the form, including notarization and execution by authorized persons. Incomplete applications will be returned without action. Listing must include amounts of executed change orders issued prior to last day of the "period of construction" covered by application.

Meeting To Coordinate Pay Requests - Contractor should plan to meet with Owner's Representative the same time every month to coordinate quantities and amounts for that month's pay request.

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Final Payment Application - The administrative actions and submittals which must precede or coincide with submittal of final payment application are summarized but not limited to the following:

a. Completion of final punch list items.

b. Assurance, satisfactory to Owner, that unsettled claims will be settled and that work not actually completed and accepted will be completed without undue delay.

c. Submit Contractor's Statutory Affidavit of Payment of Debts and

Claims furnished in the Special Conditions.

d. Submit waivers of lien from every entity (including Contractor) who could lawfully and possibly file a lien in excess of $100 arising out of Contract and related to work covered by payment.

Submit Contractor's Statutory Affidavit provided in the Special Conditions.

e. Transmittal of required project construction records to Owner.

f. Proof, satisfactory to Owner, that taxes, fees and similar obligations of Contractor have been paid.

g. Removal of temporary facilities, services, surplus materials, rubbish and similar elements.

SC-26. "OR EQUIVALENT," CLAUSE: Although the plans and specifications make reference to particular manufacturers and model numbers for various products, such reference is made only to establish function and quality of such products. If it is desired to use materials or equipment of trade names or of manufacturer's names which are different from those mentioned in the contract documents, information pertaining to such items must reach the hands of the Engineer at least 10 days prior to the date set for the opening of proposals. The burden of proving equality of a proposed substitute to an item designated by trade name or by manufacturer's name in the contract document rests on the party submitting the request for acceptance. The written application for review of a proposed substitute must be accompanied by technical data which the party requesting review desires to submit in support of his application. The Engineer will give consideration to reports from reputable independent testing laboratories, verified experience records showing the reputation of the proposed product with previous users or any other written information that is reasonable in the circumstances.

The application to the Engineer for review of a proposed substitute must be accompanied by a schedule setting forth in what respects the material or equipment submitted for consideration differs from the materials or equipment

Stormwater Maintenance & Repair Services 17 Special Conditions designated in the contract documents. The degree of proof required for acceptance of a proposed substitute as equivalent to a named product is the amount of proof necessary to convince the Engineer beyond all doubt. To be acceptable, a proposed substitute must, in addition, meet or exceed all express requirements of the contract documents.

If submittal is accepted by the Engineer, an addendum will be issued to all prospective Offeror at least five (5) days prior to the date set for the opening of proposals.

The Engineer shall be the final judge on questions of similarity and equality.

SC-27. RECORD DRAWINGS AND AS-BUILT SURVEY: The Town shall provide the original construction plans in AutoCAD format, if applicable. The Contractor shall at all times during construction of a project, keep accurate, legible records of the locations, types, sizes, and elevations of storm drainage pipes, drainage structures, curb lines, lighting conduit, water and sanitary sewer lines, service laterals, manholes, cleanouts, fittings, valves, and other related work performed under the project. The Contractor shall prepare a set of "record" drawings from the data stated above. The horizontal locations of all portions of items installed on the project shall be accurately tied down to features that are physical and visible, such as property corner markers and/or permanent type structures. The actual invert elevations of the finished grade elevations of installed roadway, concrete curbing, and pathways shall be clearly indicated on the “record” drawings at the intervals specified on the construction drawings. These "record" drawings shall be kept clean and dry and maintained in a current state with the progress of the work. If at any time, a copy of this plan or portion of it is requested by the Owner, such copy shall be made available within 24 hours after the request is made.

Before final acceptance of the completed installation and before final payment by the Owner, the Contractor shall deliver to the Owner, a completed set of record drawings accurately depicting the data described above, as required by the Town. This deliverable shall be a hard copy set of plans including clear and legible record data.

An As-Built Survey Plat must be prepared and certified by a South Carolina professional land surveyor that accurately identifies and depicts the horizontal location of all property corners, easements, and the horizontal and vertical locations of all on-site improvements, as required by the Town. This shall include, all new impervious areas (roadways, pathways, sidewalks, parking facilities, paved areas, and buildings,), utilities, storm drainage structures, pipes, channels, and detention/retention areas. The diameter and type of material shall be clearly labeled on all new storm drainage pipes. All storm drainage structures, grate/rim and invert elevations shall be shown, along with finish grades on pavements and curbing as per the design plans. Design elevations shall be struck

Stormwater Maintenance & Repair Services 18 Special Conditions through and the actual as-built elevations shall be underlined and shown directly above or below the design elevation. The plat shall be clearly labeled and based upon the following datum NAVD 88. The as-built survey shall confirm that all new facilities are within their intended easements. The As-Built Survey shall be delivered to the Town in the form of two (2) sets of hard copy, sealed prints at a legible scale, and the digital file in AutoCAD 2010 format or newer.

SC-28. PROPERTY CORNERS: The Contractor shall be responsible for restoring any and all property corners or monuments disturbed during construction. They shall be restored in accordance with the Town’s Land Management Ordinance, by a professional land surveyor registered in the State of South Carolina before final payment will be made.

SC-29. SITE PROTECTION AND CLEAN-UP: The Contractor is responsible for daily removal of any waste, spillage or otherwise unused material associated with the work and shall dispose of this material legally offsite at his own expense.

It is the intent of the Town that the work be accomplished with minimal disturbance to the properties adjacent to the work area (i.e. critical area, the adjacent lawns, landscaping, trees, driveways, and buildings), and that the immediate and general vicinity of the work area remain in its pre-project state subsequent to completion of the work. All areas outside of the work area that are disturbed by the Contractor during the work shall be restored to its original pre-project condition or better at no additional cost to the Town. All materials and equipment utilized by the Contractor during construction shall be removed from the site after completion of the work, which includes, but is not limited to, survey stakes, debris, utility flags, flagging and other temporary survey controls.

Contractor shall be responsible for taking pre-project photographs to document existing conditions of the project site, to avoid claims of damage from work;

specifically access areas, utility locate markings, landscaping, driveways, pathways, and roadways.

Wetlands, waterways, trees, roads, and adjacent property shall be protected throughout the work as defined in the specifications and on the drawings, using best management practices as necessary to prevent physical damage.

The Contractor shall conduct operations and take all special precautions necessary to protect equipment, utility lines, and subsurface, submerged and overhead facilities which are to remain in place and undisturbed by operations under this Contract. The offending Contractor shall immediately notify the Owner of the facilities or areas which are disturbed, damaged or injured as a result of the Contractor's operations and determine the proper method of replacing or repairing the affected facilities at least to the conditions which existed prior to the

Stormwater Maintenance & Repair Services 19 Special Conditions

Contractor's operations. The offending Contractor shall, at the Contractor's expense, replace, repair or restore the affected facilities or areas to their original condition or shall reimburse the Owner of said facilities or areas for such expenses as the said Owner may accrue in performing the work. The Contractor shall not be entitled to receive additional compensation under this Contract for such work.

Roadways, pathways, driveways, fences, mailboxes, and other dwelling infrastructure within the work area and access route shall be protected by the Contractor to prevent damage thereto by the Contractor’s operations. The offending Contractor shall immediately notify the Owner of the facilities or areas which are disturbed, damaged or injured as a result of the Contractor's operations and determine the proper method of replacing or repairing the affected facilities at least to the conditions which existed prior to the Contractor's operations. The offending Contractor shall, at the Contractor's expense, replace, repair or restore the affected facilities or areas to their original condition or shall reimburse the Owner of said facilities or areas for such expenses as the said Owner may accrue in performing the work. The Contractor shall not be entitled to receive additional compensation under this Contract for such work. If access to any mailboxes cannot be continued during work, the Contractor must provide temporary mailboxes, properly numbered, and with proper access until the work is complete, at no additional cost to the Town.

Should the Contractor during the progress of the work lose, dump, or misplace any material or equipment which in the opinion of the Town or Engineer may be considered unaesthetic, environmentally deleterious, dangerous to the public, or impact adjacent properties, the Contractor shall recover and remove same within 24 hours of receipt of said notice at no additional cost to the Town. Any disturbed areas from such work will be mitigated and restored to its pre-project state at no additional cost to the Town.

The Contractor shall inspect the work areas at the end of every workday to ensure that all trash (e.g. lunch bags, soda cans and bottles, drink cups, etc.) left by the Contractor and Subcontractor has been removed from the work areas and properly disposed of. No trash or debris shall be disposed of in excavation trenches or covered up by dirt.

Upon completion of all construction activity, the Contractor shall restore all staging, storage, transport, and work areas, fences, disturbed areas, and other facilities to an equivalent pre-project condition or better to the approval of the Town.

SC-30. PLANS AND SPECIFICATIONS: The successful Contractor will be furnished 5 (five) sets of Contract Documents, free of charge, for use in the execution of the work.

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Any corrections of errors or omissions in plans and specifications may be made by the Owner when such correction is necessary for the proper fulfillment of their intention as construed by him. Where said correction of errors or omissions, except as provided in the next two paragraphs below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be made under the item for Extra Work except where the additional work may be classed under some item or work for which a unit price is included in the proposal.

The fact that specific mention of a fixture, or of any part of the work, is omitted in the specifications, whether intentionally or otherwise, when the same is clearly shown or indicated on the plans, or is usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said fixture or work, must be installed as if called for by on the drawings and specifications.

All work indicated on the plans and not mentioned in the specifications, or vice versa, and all work and material usual and necessary to make the work complete in all parts, whether or not they are indicted on the plans or mentioned in the specifications, shall…