Attachment-C-Conditions-Specifications-Criteria-Permits.pdf

BREVARD COUNTY

BOARD OF COUNTY COMMISSIONERS

PUBLIC WORKS DEPARTMENT

GENERAL CONDITIONS

SPECIAL CONDITIONS

TECHNICAL SPECIFICATIONS

CRITERIA FOR WATER AND SANITARY

SEWERAGE SYSTEMS WITHIN BREVARD

COUNTY

PERMITS

GEOTECH REPORT

VERIFIED VERTICAL AND HORIZONTAL DATA

INDIALANTIC STORMWATER

IMPROVEMENTS PHASE 2

REQUEST FOR PROPOSAL

RFP-5-26-06

INDIALANTIC STORMWATER IMPROVEMENTS PHASE 2

SECTION 4 GENERAL CONDITIONS ........................................................................ 4-1

1. COPIES FURNISHED ..................................................................................... 4-1

2. PRECONSTRUCTION CONFERENCE .......................................................... 4-1

3. UTILITIES AND OTHER INFRASTRUCTURE ................................................ 4-2

4. OBSTRUCTIONS ............................................................................................ 4-3

5. NOTIFICATION OF PROPERTY OWNERS ................................................... 4-3

6. SHOP DRAWINGS AND SUBMITTALS ......................................................... 4-4

7. PROGRESS AND SUBMISSION SCHEDULES ............................................. 4-5

8. CONSTRUCTION SCHEDULE ....................................................................... 4-5

9. MATERIALS .................................................................................................... 4-8

10. COORDINATION AND COLLABORATION ONSITE .................................... 4-10

11. EXISTING CONDITIONS - VIDEO RECORDING ......................................... 4-11

12. SUPERVISION AND RESPONSIBILITY OF THE CONTRACTOR .............. 4-12

13. CONTRACTOR’S DAILY CONSTRUCTION REPORTS .............................. 4-14

14. RESIDENT CONSTRUCTION MONITOR .................................................... 4-14

15. OBSERVATION OF THE WORK .................................................................. 4-17

17. SAFETY AND HEALTH STANDARDS ......................................................... 4-19

19. LIMITS OF CONSTRUCTION ....................................................................... 4-19

20. USE OF PUBLIC STREETS ......................................................................... 4-19

21. PROTECTION OF PROPERTY AND THE PUBLIC ..................................... 4-19

22. STAGING AREA ........................................................................................... 4-21

23. LAYING OUT THE WORK ............................................................................ 4-21

24. PROPERTY CORNER AND REFERENCE MONUMENT REPLACEMENT. 4-22

25. SUBSURFACE INVESTIGATION ................................................................. 4-22

26. LANDSCAPING AND VEGETATION ............................................................ 4-24

27. AMOUNT OF BORROW OR EXCESS ......................................................... 4-24

28. ALTERNATE METHODS OF COMPACTION ............................................... 4-25

29. DEWATERING .............................................................................................. 4-25

30. MAINTENANCE OF DRAINAGE .................................................................. 4-27

31. ADJUSTMENTS TO INLETS, MANHOLE TOPS, AND OTHER STRUCTURES

(IF APPLICABLE) ................................................................................................... 4-27

32. ADJUSTMENTS OF UTILITY CASTINGS, COVERS AND BOXES (IF

APPLICABLE) ......................................................................................................... 4-27

33. SIGNS, MAILBOXES, ETC. .......................................................................... 4-28

34. CLEANUP AND DEBRIS REMOVAL ............................................................ 4-28

35. CLEAN DEBRIS DISPOSAL ......................................................................... 4-29

36. DAMAGE TO EXISTING STRUCTURES AND UTILITIES ........................... 4-29

37. SALVAGE ..................................................................................................... 4-30

38. WALKTHROUGH INSPECTIONS ................................................................. 4-30

39. AS-BUILT SURVEY DRAWINGS .................................................................. 4-31

SECTION 5 SPECIAL CONDITIONS .......................................................................... 5-1

1. PROJECT SIGNS ........................................................................................... 5-1

2 SEQUENCE OF OPERATIONS ...................................................................... 5-1

3. MATERIALS STORED .................................................................................... 5-2

4. USE OF EXPLOSIVES ................................................................................... 5-2

SECTION 6 TECHNICAL SPECIFICATIONS .............................................................. 6-1

SECTION 7 CRITERIA FOR WATER AND SANITARY SEWERAGE SYSTEMS WITH

BREVARD COUNTY ................................................................................................... 7-1

SECTION 8 PERMITS ................................................................................................. 8-1

SECTION 9 GEOTECH REPORT ................................................................................ 9-1

SECTION 10 VERIFIED VERTICAL AND HORIZONTAL (VVH) DATA ................... 10-1

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SECTION 4

GENERAL CONDITIONS

1. COPIES FURNISHED

1.1 The Contractor will be supplied with printed copies and a PDF of the Drawings and Technical Specifications. Additional copies which may be needed by the Contractor will be furnished at the cost of printing. One complete set of Drawings and Technical Specifications shall be kept on the job by the Contractor and shall be accessible at all times.

2. PRECONSTRUCTION CONFERENCE

2.1 As soon as practicable after Contract execution, the Owner shall arrange a conference with the Contractor. The Owner shall notify:

• Contractor - Contractor shall be responsible for notifying key subcontractors

• Contractor and subcontractor EEO personnel

• Emergency Services Providers

• Transit Providers

• Utilities Providers, and

• Other interested and involved parties

The purpose of the conference is to discuss the project Drawings and Technical Specifications, any unusual conditions, applicable Federal, State, and local requirements, EEO requirements, environmental commitments, and any other items that will result in a better understanding among the involved Parties. In addition, the Contractor will discuss the schedule of operation, type and adequacy of equipment, sources of labor and labor requirements, maintenance of traffic, and precautions for the safety of employees and the public.

2.2 Within fourteen (14) calendar days from Contract execution, the Contractor shall submit to the Owner the following:

(a) Computerized critical path method schedule, which shall show chronologically all operations contemplated and necessary for the successful completion of the work within the agreed contract time

(b) Quality Control Plan

(c) Hurricane Preparedness Plan

(d) Preliminary Stormwater Pollution Prevention Plan (S.W.P.P.P.)

(e) Proposed haul route

(f) Project sign template

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(g) Contractor daily report template

(h) Earthwork shrinkage calculations

2.3 Seven (7) days prior to the Preconstruction Conference, the Contractor shall submit to the Owner the following:

(a) Preliminary Construction progress schedule

(b) Schedule of shop drawing submissions

(c) List of subcontractors to include type and value of work

(d) Proposed superintendent and copies of their certifications

2.4 Failure to provide these documents within the allotted timeframe set forth above may be deemed a breach of the Contract, which the County may terminate for cause as provided in Contract Section 39 Termination.

3. UTILITIES AND OTHER INFRASTRUCTURE

3.1 Utility Poles, Electric, Communication Lines, Sanitary Sewer, Water Lines, and Gas Lines: Where any existing utility installation is in conflict with the installation of any drainage structures, roadway, swales or other utilities, the Contractor is to arrange, with the concerned utility owner(s), for the relocation or adjustment of their facilities. Such notice shall be provided to the utility owner at least fourteen (14) days prior to the date that work in the conflict area will commence. The Contractor shall closely coordinate all construction exposing or destroying utilities, even if such utilities are not shown in the Drawings. Expense for such restoration is incidental to the Contract, meaning the costs were contemplated and considered when the Contractor submitted its Bid, and does not have a separate pay item, unless otherwise indicated elsewhere in the specifications. Contractor is to hold poles outside of right of way to construct project, or pay utility to hold poles. These costs are incidental to the project and do not have separate pay items.

(a) The excavators shall comply with Chapter 556, Florida Statutes, regarding notification of existing gas and oil pipeline company owners, in addition to other underground facility service providers, and shall also notify “Sunshine State One-Call” prior to excavating. Evidence of such notice shall be furnished to the Owner prior to excavating.

3.2 Intelligent Transportation Systems (I.T.S.): Where any existing I.T.S.

installation is in conflict with the installation of drainage structures, roadway, swales or other utilities, the Contractor is to arrange, with the concerned I.T.S. owner(s), for the preservation, relocation or adjustment of their facilities. Such notice shall be provided to the I.T.S. owner at least thirty (30) days prior to the date that work in the conflict area will commence. The Contractor shall closely coordinate all construction

4-3 exposing the I.T.S. facilities in conflict. The cost to preserve the existing I.T.S. facilities are incidental to the contract and does not have a separate pay item.

3.3 The Contractor is required to consult with Owner and the owner of any fiber optic lines which may be found within the work premises prior to any construction activities which are scheduled to take place over, around or under such lines in conflict with the installation of drainage structures, the roadway, swales or other utilities. The Contractor is to arrange with the concerned fiber optic line owner to relocate their respective facilities.

Such notice shall be provided to the fiber optic line owner at least thirty

(30) days prior to the date that road work in the conflict area will begin.

The Contractor shall closely coordinate all construction work with all fiber optic line owners to prevent unnecessarily exposing or destroying any facilities, even if such facilities are not shown in the Drawings. The Owner may require the Engineer of Record to revise or adjust the drawings to accommodate the requirements of the owner of the fiber optic lines. Any revisions to the drawings would be done at the expense of the owner of the fiber optic lines.

4. OBSTRUCTIONS

4.1 All water pipes, storm drains, force mains, gas or other pipe, telephone or power cables or conduits, curbs, sidewalks, all house services and all other obstructions, whether or not shown, shall be temporarily removed from or supported across utility line or storm drain excavations. Where it is necessary to temporarily interrupt house or business services, the Contractor shall notify the house owner or occupant, both before the interruption, and again immediately before services is resumed. Before disconnecting any pipes or cables, the Contractor shall obtain permission from their owner, or shall make suitable arrangements for their disconnection by their owner. The Contractor shall be responsible for any damage to any such pipes, conduits or cables, and shall restore them to service promptly as soon as the work has progressed past the point involved. Approximate locations of known water, sanitary, drainage, power, telephone and gas installations along the route of new pipelines or in the vicinity of new work are shown in the Plans, but must be verified in the field by the Contractor. The Contractor shall locate and uncover these pipes, ducts, cables, etc., carefully, by hand, prior to installing new utility or storm drain lines, or removing existing lines. Any discrepancies or differences found shall be brought to the attention of the Owner and the Resident Construction Monitor in order that necessary changes may be made to permit.

5. NOTIFICATION OF PROPERTY OWNERS

5.1 The Contractor shall notify property owners along the project route or any

4-4 other street or driveway who may be affected by construction operations at least seven (7) days prior to beginning of construction operations and at least 24 hours prior to such construction for each construction activity which may directly affect property owners and/or their access; or as otherwise may be necessary as provided for in these specifications. Such notification shall be documented and copy provided to the Owner.

6. SHOP DRAWINGS AND SUBMITTALS

6.1 The Contractor shall submit with such promptness as to cause no delay in the work, all shop or setting drawings, submittals, and schedules required for the work of the various trades. All shop drawings and submittals shall be provided per the Contract Documents. Shop drawings are required for all materials utilized on the project. Please refer to Technical Specifications for additional details regarding submittals.

6.2 Before submitting shop drawings, the Contractor shall check all drawings for accuracy, correlate them, and make necessary corrections. The Contractor shall indicate review of these drawings by appropriate stamp denoting the Contractor's approval. Shop drawings submitted to the Owner without this stamp will be returned without action. After the Contractor's review, the Contractor shall submit shop drawings to the Owner for approval. The Contractor may submit shop drawings electronically, to the Owner, if desired. It is the Contractor’s responsibility to verify that they are received by the Owner.

6.3 Shop drawings shall be dated and identified by project name, and shall indicate descriptive names of equipment, type and class of materials, item numbers, reference to drawings, specification reference, and location at which materials or equipment are to be installed in the work.

6.4 Shop drawings shall be submitted with transmittal letters containing project name, Contractor's name, number of drawings and other pertinent data.

6.5 The Engineer of Record shall review shop drawings for general design and arrangement with reasonable promptness (a maximum of 14 days – 2 days for processing to Engineer of Record – 10 days for review by Engineer of Record – 2 days for processing to Contractor), making desired corrections. The Engineer of Record’s approval of such drawings or schedules will not include verification of dimensions or quantities, nor shall it relieve the Contractor from responsibility for deviations from drawings and/or specifications unless the Contractor has, in writing, called the Owner's attention to such deviations at the time of submission; nor shall it relieve the Contractor from responsibility for errors of any sort in shop drawings or schedules or proper correlation with other work. The

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Contractor shall make any corrections required by the Engineer of Record and file with the Owner the corrected shop drawings.

6.6 Prior to construction, the Contractor shall designate all proposed haul roads to be used during the life of the project and provide to the Owner as a submittal.

7. PROGRESS AND SUBMISSION SCHEDULES

7.1 The Contractor shall not commence construction operations until the progress schedule and critical path method schedule have been approved by the Owner. After approval of the construction progress schedule, no deviations from it shall be made without prior written approval from the Owner. The critical path schedule shall be updated on a monthly basis with approval from the Owner, which shall not be unreasonably withheld.

Included with the progress schedule shall be a schedule of values of lump sum items which indicate costs in relation to the progress schedule and unit costs.

8. CONSTRUCTION SCHEDULE

8.1 General: Preface each construction schedule as follows:

1. Project Name

2. Contract Number

3. Contractor

4. Original Construction Duration allowed or completion date

5. Type of construction schedule (initial or update)

6. Effective date of the schedule

7. Percent work complete

8. Percent time used

Do not show conflicts with any scheduled activities and sequence of operation requirements in the contract.

Show completion of the work within the Construction Duration.

Allow fourteen (14) calendar days after receipt by the Owner for concurrence of the schedule.

8.2 Preliminary Construction Schedule: Submit one PDF copy of the preliminary construction schedule at least seven (7) calendar days before the Preconstruction Conference to the Owner.

A preliminary construction schedule is a written narrative with a detailed breakdown of all contract activities for the first forty-five (45) calendar days after the Notice to Proceed is issued. The preliminary construction schedule shall be concurred by the Owner prior to the issuance of the Notice to Proceed.

8.3 Bar Chart Method (B.C.M.): Use the Bar Chart Method (B.C.M.) described below to develop the construction schedule for the total contract work.

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The construction schedule shall be developed using the B.C.M. utilizing Microsoft Project Software or Owner-approved equal.

The B.C.M. construction schedule consists of a progress bar chart and a written narrative

a. Progress Bar Chart - The following applies to the initial submission and all updates:

1) Use a time scale to graphically show the percentage of work scheduled for completion during the Construction Duration.

2) Define and relate activities to the contract pay items.

3) Show all activities in the order the work will be performed, including submittals, approvals, fabrication, and delivery.

4) Show all critical (major) activities that are controlling factors in the completion of the work.

5) Show the time required for each activity and its relationship in time to other activities.

6) Show the total expected time to complete all work.

7) Provide enough space for each activity to permit two additional plots parallel to the original time span plot. Use one space for revision of the planned time span, and one for showing actual time span achieved.

b. Written Narrative - The following applies to the written narrative:

1) Estimate starting and completion dates of each activity.

2) Describe work to be done within each activity including the type and quantity of equipment, labor, and material to be used.

3) Describe the location on the project where each activity occurs.

4) Describe planned production rates by pay item quantities (e.g., cubic yards of excavation per day/week).

5) Describe workdays per week, holidays, number of shifts per day, and number of hours per shift.

6) Estimate any periods during which an activity is idle or partially idle. Show the beginning and end dates for reduced production or idle time.

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7) Describe expected and critical delivery dates for equipment or material that can affect timely completion of the project.

8) Describe critical completion dates for maintaining the construction schedule.

9) Identify the vendor, supplier, or subcontractor to perform the activity. State all assumptions made in the scheduling of the subcontractor's or supplier's work.

8.4 Schedule Updates:

Submit one electronic copy (PDF) of an updated construction schedule, including updated written narrative, with each month's Application for Payment and when:

(a) A delay occurs in the completion of a critical (major) activity.

(b) A delay occurs which causes a change in a critical activity for BCM schedules.

(c) The actual prosecution of the work is different from that represented on the current construction schedule.

(d) There is an addition, deletion, or revision of activities required by a contract modification.

8.5 Contractor's Responsibility.

Contractor shall:

(a) Determine the sequence of activities for the orderly progression of the Work. Ensure no conflicts with any scheduled activities and sequence of operation requirements in the Contract.

(b) Determine appropriate time estimates of the detailed construction activities.

(c) Determine the means, methods, techniques and procedures to be employed in the prosecution of the Work in compliance with the Contract Documents.

(d) Monitor the Construction Schedule in a timely manner.

(e) Accurately update and revise the Construction Schedule as project conditions and the Contract Documents may require.

(f) Consult with Subconsultant(s) in the preparation and submittal process of the Construction Schedule.

(g) Allow for cooperation with the operation of the Owner and the work

4-8 of other separate Continuing contractors, as applicable.

(h) Use the schedule to report progress and for determining delays in achieving the project completion date(s).

8.6 Work Plan:

The Contractor shall submit to the Owner bi-weekly work plans identifying work items expected to be underway during the upcoming bi-weekly period. The work plan shall also indicate recently completed work items.

These work items shall be discussed during scheduled construction progress meetings. The Contractor shall always control means and methods, but allow the Owner to provide input at bi-weekly meetings to activities to facilitate communications as to schedules, including maintenance of traffic.

8.7 No separate cost item is provided for construction schedules; the cost of which shall be incidental to the cost of the Contract.

9. MATERIALS

9.1 Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, labor, water, tools, equipment, light, power, transportation and other facilities necessary for expeditious execution and completion of the work in an acceptable manner. Unless otherwise definitely specified, it is a general requirement of the specifications that all materials and workmanship shall meet the requirements of the applicable standard specifications of the American Society for Testing and Materials or of the Federal Standardization Documents as minimum requirements.

9.2 Except as otherwise specified, all materials, fixtures and apparatus shall be new and of good quality and shall be delivered to the site of the work in an undamaged condition and shall be properly stored and secured by the Contractor to maintain them in an undamaged condition. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials.

9.3 Whenever materials are sold by the manufacturer in sealed packages, they shall be so delivered on the job and maintained until their use.

9.4 The Contractor shall make written request to the Owner for, and obtain the Owner’s written approval of, the use of any material proposed for use when "approved" materials are specified without mentioning any standard by name.

9.5 All written requests for approval of materials shall be made within thirty

(30) days after the contract is signed and before ordering any materials

4-9 requiring such approval.

9.6 If any materials specified shall no longer be available during the progress of the work, or if the quality of the material no longer meets with satisfactory approval of the Owner, the Engineer of Record shall specify an equal which will be satisfactory to the Engineer of Record, with the Owner's approval. Resultant cost modifications, if any, shall be as provided for modifications in the work.

9.7 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier with the addition of such expressions as "or equal" or "or approved equal", the naming of the item is intended to establish the type, function and quality required. When "or equal" or "or approved equal" is used, materials or equipment of other suppliers may be accepted by the Engineer if sufficient information is submitted by the Contractor to allow the Engineer to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by the Engineer will include the following as may be supplemented in the Specifications. Requests for review of substitute items of material and equipment will not be accepted by the Engineer from anyone other than the Contractor. If the Contractor wishes to furnish or use a substitute item of material or equipment, the Contractor shall make written application to the Engineer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice the Contractor's achievement of Contract completion on time, whether or not acceptance of the substitute for use in the work will require a change in any of the Contract Documents (or in the project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated.

The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting modification, all of which shall be considered by the Engineer of Record in evaluating the proposed substitute. The Owner may require the Contractor to furnish at the Contractor's expense additional data about the proposed substitute.

9.8 The Engineer of Record and/or Owner will be allowed a reasonable time within which to evaluate each proposed substitute. The Engineer of

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Record and Owner will be the sole judges of acceptability, and no substitute will be ordered, installed or utilized without the Engineer's or Owner's prior written acceptance which will be evidenced by either a contract modification or an approved Shop Drawing. It is distinctly understood that, (1) the Owner and the Engineer of Record's sole judgment is to be utilized in determining whether or not any article, material or item proposed to be substituted is the equal of any article, material or item so specified; (2) the decision of the Owner and Engineer of Record on all such questions of equality shall be final and binding upon the Contractor and (3) in event of any adverse decision made by Owner and/or Engineer of Record, no claim of any sort by the Contractor shall be made or allowed against the Engineer of Record or Owner. The Owner may require the Contractor to furnish, at the Contractor's expense, a special performance guarantee or other surety with respect to any substitute. The Engineer of Record will record time required by the Engineer of Record and any Engineer of Record's consultants in evaluating substitutions proposed by the Contractor and in making modifications in the Contract Documents occasioned thereby. Whether or not the Engineer of Record accepts a proposed substitute, the Contractor shall reimburse the Owner for the charges of the Engineer of Record and any Engineer of Record's consultants for evaluating each proposed substitute. Where trade names are specified without the phrase "or equal", or "or approved equal", or where alternate trade names are specified without the phrase "or equal" or "or approved equal", or where alternate trade names are specified without the phrase "or equal" or "or approved equal", such products are hereby approved for quality and no substitution will be permitted.

9.9 Materials and equipment designated for permanent installation in the work shall be properly stored by the Contractor on the site when delivered, to insure protection against deterioration of any type. These materials shall be so placed as to cause a minimum of inconvenience to other contractors on the work and to the public. The storage piles shall be arranged to facilitate inspections, and any deterioration shall be grounds for rejection.

10. COORDINATION AND COLLABORATION ONSITE

10.1 The Contractor shall arrange its work and dispose of its materials so as not to interfere with the operations of other contractors or utilities engaged upon adjacent work.

10.2 The Contractor shall coordinate its work activity with the Owner and any of Owner’s contractor(s) when multiple contractors are on the work location.

Each party shall be responsible for their own actions or omissions on the work site. This duty to coordinate will ensure timely progress and reduce

4-11 the risk of damages to the parties involved. The Contractor agrees that in order to limit such impacts, a no-cost change order may be issued by the County, in the County’s sole discretion, to ensure the orderly progress of the work needed onsite.

10.3 The Contractor, Owner, and any of Owner’s contractors shall work in good faith to accommodate the work of each respective party to avoid delays and disruptions at the worksite.

10.4 The Contractor shall notify the County in writing within twenty-four (24) hours of any issues or concerns relating to the the worksite caused by Owner’s contractor(s) that is impacting the Contractor’s completion of its duties and responsibilities.

11. EXISTING CONDITIONS - VIDEO RECORDING

11.1 Contractor shall provide the Owner with one copy of video records of the existing conditions prior to construction and prior to installation of the erosion and sediment control items. This video submittal shall include both the video recording and a written log of segments and pre-existing conditions found. The video shall show in a clear manner all of the following:

a) All existing features within the right of way.

b) All existing features within the project construction limits.

c) All existing features adjacent to any construction.

d) Any other specific items requested by the Owner.

Details of the video shall be such that the following examples shall be clear and visible:

a) Cracks in walls, sidewalks, driveways, roads and/or the bridge structure.

b) Condition of fencing.

c) Condition of planted areas and types of vegetation.

d) Condition of sodded areas.

e) Condition of any existing sprinkler systems and associated controls and wiring.

f) Condition of signs.

g) Condition of lighting and associated wiring.

h) Condition of bridge structural members, beams, braces, and other bridge elements.

Significant detail of any pre-existing damages to physical features shall be shown.

11.2 This video record shall be presented to the Owner A copy shall be kept in the Contractor's possession on-site. The Contractor cannot start any

4-12 other work until the Owner has received and approved the video record.

11.3 The cost of the Existing Condition – Video Recording is incidental to the contract.

12. SUPERVISION AND RESPONSIBILITY OF THE CONTRACTOR

12.1 The Contractor shall give the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Owner and with other contractors in every way possible. The Contractor shall at all times have a competent superintendent, capable of reading and thoroughly understanding the Drawings and Technical Specifications, as the Contractor's agent on the work, who shall, as the Contractor's agent, supervise, direct and otherwise conduct the work. Such superintendent shall be furnished by the Contractor and present when work is being performed, irrespective of any work being done by any subcontractor hired by the Contractor.

12.2 The Contractor’s superintendent and foreman and subcontractor’s superintendent and foremen, shall speak, write, read, and understand English, and at least one responsible person who speaks and understands English shall be on the project during all working hours. A list of all superintendent names and office/emergency phone numbers shall be provided to the Owner seven (7) calendar days prior to the Preconstruction Conference. The Contractor’s responsible person for supervision for emergencies shall speak and understand English.

12.3 The Contractor shall designate the superintendent on the job to the Owner in writing at least seven (7) calendar days prior to the Preconstruction Conference. The parties understand and agree that the superintendent's physical presence is indispensable to the successful completion of the work in a good and workmanlike manner. If the superintendent is absent from the job site, the Owner may deliver written notice to the trailer of the Contractor and all work on the job of the Contractor and its Subcontractors shall immediately cease at the sole discretion of the Owner and/or Engineer of Record.

12.4 The Contractor shall assign personnel who have successfully completed training programs and are certified as a Competent Person, Confined Space Entry Supervisor and a Temporary Traffic Control (T.T.C.)

Advanced Certification for the Worksite Traffic Supervisor, who shall be present at all times during construction.

12.5 The Contractor shall be solely and wholly responsible for delivering the completed work in a good and workmanlike condition and for the good condition of the work and materials. The Contractor shall bear all losses

4-13 resulting on account of the weather, fire, the elements, or other causes of every kind or nature.

12.6 In accordance with Article 9 of the Contract, in any and all claims against the Owner or the Engineer of Record or any of their respective agents or employees by any employee of the Contractor, any of its Subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation of the Contractor shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or from the Contractor or any Subcontractor(s) under Workers’ Compensation Acts, Disability Benefit Acts or other employee benefit acts.

12.7 The Contractor shall be held responsible for any violation of laws, regulations, or ordinances affecting in any way the conduct of all persons engaged, or the materials or methods used by the Contractor, on the work.

12.8 At the Contractor’s expense, the Contractor shall provide and maintain at the Contractor’s expense, in a sanitary condition, such accommodations for the use of the Contractor's employees as are necessary to comply with the requirements and regulations of the State Department of Health and Rehabilitative Services and/or the County Health Department. The Contractor shall commit no public nuisance. Sanitary facilities shall be at least 500-feet from the nearest potable water well. Toilets shall have incorporated therein approved metal or plastic containers which shall be tightly closed and all waste shall be transported away from the site of the work and disposed of properly.

12.9 The Contractor shall at all times enforce strict discipline and good order among all employees, and shall not employ on the work site any unfit person or anyone not skilled in the work assigned. Anyone whose work is unsatisfactory to the Owner or who are considered by the Owner as careless, incompetent, unskilled or disorderly, who use threatening or abusive language to any person having supervision of the work site, or who are otherwise objectionable, shall be dismissed from the work site upon notice from the Owner and shall not be employed on the work site thereafter. No alcoholic beverage shall be allowed on the work site.

12.10 All labor described in these specifications or indicated on the drawings and the work specified or indicated, shall be executed in a thoroughly substantial and workmanlike manner and by mechanics skilled in the applicable trade. All materials, fixtures and apparatus shall be installed in an undamaged condition.

12.11 The Owner, Engineer of Record and their Representatives/Agents shall

4-14 not be responsible for any actions taken by the Contractor, negligence of the Contractor, and/or the failure of the Contractor to maintain safe working conditions, during the Contractor’s performance of the work included in this Contract. This provision in no way limits the indemnification and liability obligations of the Contractor as outlined in the Contract.

The Contractor shall be solely responsible for the quality and quantity of work performed; the construction means, methods, procedures, techniques, and sequences of construction performed in the execution of the work; and for ensuring that the work is performed in accordance with the Contract Documents.

Further, the Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work, materials, and equipment used in the performance of the work. The Contractor shall be responsible for taking all necessary precautions for the safety of and shall provide the protection necessary to prevent damage, injury, or loss to all persons on the work site; all persons who may be affected by the work either directly or indirectly; all the work, materials, and equipment to be incorporated therein, whether in storage on or off the site; and all property at the site or adjacent thereto including, but not necessarily limited to trees, shrubs, lawns, sprinklers, fences, walks, driveways, pavement, roadways, structures, utilities, etc.

13. CONTRACTOR’S DAILY CONSTRUCTION REPORTS

13.1 The Contractor is required to prepare a daily report of their account of the work performed. The daily report should at a minimum contain an accurate account of the number of employees and equipment on site and a detailed description of the work performed. The Contractor shall provide copies of all daily reports to the Owner on a weekly basis as a submittal.

Upon review of the daily reports by the Owner for accuracy, the Owner will notify the Contractor of any discrepancies in writing.

Should the Contractor not submit daily reports as required above, such failure may be deemed a material breach to the Contract.

No separate cost item is provided for Contractor’s Daily Construction Reports; the cost of which shall be incidental to the Contract.

14. RESIDENT CONSTRUCTION MONITOR

14.1 Owner shall provide a full-time qualified, Resident Construction Monitor, as Owner's representative on-site who shall have duties which include, but are not limited to, verifying that work is performed in accordance with the

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Drawings and Technical Specifications. Resident Construction Monitor shall also:

(a) Observe, monitor, and record a daily construction log of the construction progress, Contractor personnel and equipment on-site, any problem areas, and the resolutions.

(b) Prepare and submit all requests for partial payments or other payment to the Owner for Payment Approval.

(c) Maintain a photo log of critical construction items, prior to, during, and upon completion of the construction effort as situations dictate.

(d) Schedule testing operations on-site with the Owner’s Testing Laboratory, Owner and Contractor.

(e) Conduct on-site observations of the Work in progress to assist Owner and Engineer in determining if the Work is, in general, proceeding in accordance with the Contract documents.

(f) Report to Owner and Engineer of Record whenever the Resident Construction Monitor believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Owner and Engineer of Record of work Resident Construction Monitor believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval.

(g) Accompany visiting monitors representing public or other agencies having jurisdiction over the project; record the results of these inspections and report to Owner and Engineer of Record.

(h) Be authorized to call to the attention of the Contractor any failure of the work or materials to conform to the Contract Documents.

The presence of the Resident Construction Monitor, or their assistant(s), shall in no way lessen the responsibility of the Contractor to perform work or provide materials which conform to the Contract Documents.

14.2 The authority and duties of the Resident Construction Monitor are limited to examining the material furnished, observing the work done and

4-16 reporting their findings to the Owner and Engineer of Record. The Engineer of Record does not underwrite, guarantee or ensure the work done by the Contractor. It is the Contractor’s responsibility to perform the work in all details in accordance with the Contract Documents. Failure by the Engineer of Record or by any Resident Construction Monitor or other representative of the Owner engaged in on-site observation to discover defects or deficiencies in the work of the Contractor shall never, under any circumstances, relieve the Contractor from the Contractor’s liability to the Owner, or subject the Engineer any other party for any such defect or deficiency. The Contractor shall notify the Resident Construction Monitor 48 hours in advance of readiness for any inspections. The Resident Construction Monitor shall schedule any inspection (s) as necessary.

14.3 Resident Construction Monitors shall have no authority to permit deviation(s) from or to modify any of the provisions of the Drawings or Specifications without the written permission or instruction of the Owner or the Engineer of Record, or to delay the Contractor by failure to observe the materials and work with reasonable promptness.

14.4 The Engineer of Record, representatives, employees, or agent(s), or any Resident Construction Monitor in the employment of the Owner will not have authority to supervise, direct, expedite or otherwise control and instruct, or order the Contractor or the Contractor’s employees, subcontractors, or employees in the fulfillment of the Contractor’s obligations. The Owner's instructions, orders, directions and/or orders to the Contractor shall be given only through the Owner, or the Owner's Representative (s). The Engineer of Record may only advise the Contractor when it appears to the Engineer of Record that the work and/or materials do not conform to the requirements of the Contract Documents, including the Drawings and Technical Specifications.

14.5 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested, or approved by someone other than the Contractor, the Contractor will give the Resident Construction Monitor 48 hours’ advance written notice of such inspection, testing, or other review to be onsite. The Contractor will furnish the Resident Construction Monitor and the Owner the required certificates of inspection, testing or approval to the Resident Construction Monitor and the Owner. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials, or such other applicable organization as may be required by law or the Contract Documents. If any such work required so to be inspected, tested or approved is covered without written approval of the Resident Construction Monitor, it must, if requested by the Resident Construction Monitor, be uncovered for observation at the Contractor's expense. The cost of all such inspections, tests and approvals shall be

4-17 borne by the Contractor unless otherwise provided.

15. OBSERVATION OF THE WORK

15.1 The Owner and the Engineer of Record shall have free access to the materials and the work at all times for measuring or observing the same, and the Contractor shall afford all necessary facilities and assistance for so doing.

15.2 After written authorization to proceed with the work, the Owner and the Engineer of Record and their employees, consultants, and representatives shall:

(a) Make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work and to determine, if the work is proceeding in accordance with the Contract Documents; the Engineer of Record will not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the work. The Owner and the Engineer of Record shall not be responsible for the construction means, methods, procedures, techniques and sequences, nor for the Contractor’s failure to perform the construction work in accordance with the Contract Documents. The Owner and the Engineer of Record will not be responsible for safety precautions and procedures in connection with the work.

(b) The Owner shall check and approve or disapprove samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the project and compliance with the information given by the Contract Documents and assemble written guarantees which are required by the Contract Documents.

(c) The Engineer of Record shall consult and advise with the Owner.

(d) Based on on-site observations as an experienced and qualified design professional and on review of the Contractor’s applications for payment, determine the amount owing to the Contractor and approve in writing payment to the Contractors in such amounts;

such approvals of payment to constitute a representation to the Owner, based on such observations and review of the data comprising such applications, that the work has progressed to the point indicated and that, to the best of the Engineer of Record’s knowledge, information and belief, the quality of the work is in

4-18 accordance with the Contract Documents, subject to the results of any subsequent test called for in the Contract Documents and any qualifications stated in the Engineer’s approval. Such partial and final payments will be as specified in the Contract Documents.

(e) The Engineer of Record shall conduct, in company with the Owner, a final inspection of the project for conformance with the design concept of the project and compliance with the information given by the Contract Documents, and approve in writing final payment to the Contractor.

15.3 The Owner shall have the authority to suspend the work wholly or in part for such period or periods as may be deemed necessary due to failure on the part of the Contractor to perform its duties under the Contract Documents, or carry out orders given to perform any or all provisions of the Contract. The Contractor shall not suspend the work and shall not remove any equipment, tools, lumber or other materials without the written permission of the Owner.

16. SAMPLING AND TESTING

16.1 The Contractor shall furnish to the Owner for approval all samples of materials as directed. The work shall then be in accordance with approved samples.

16.2 Acceptance of material and work will be made only after the Quality Control sampling and testing set forth in the Contract Documents has been satisfied, as detailed in the Technical Specifications. No Verification Testing will be performed as part of this contract. The Owner shall have authority to order additional tests as deemed necessary, refuse materials furnished and advise the Contractor of work that appears to be unacceptable.

16.3 Quality Control sampling and testing, as identified in the Specifications, shall be done by an independent testing laboratory hired by the Owner to do the testing on this construction contract. The Contractor shall be responsible for Mix Verification that plant produced concrete mix and asphalt mix meets design requirements. Such laboratory shall be qualified to perform Mix Verification.

16.4 When the Contractor is ready for material or work to be sampled or tested, the Contractor will inform the Resident Construction Monitor who will arrange for the testing lab to test the material or work. Such notice shall be no less than 24 hours prior to the needed test. Any and all fees, as a result of rescheduling of sampling and/or testing by the Contractor, including stand-by time, shall be incurred by the Contractor.

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17. SAFETY AND HEALTH STANDARDS

17.1 Federal Safety and Health Standards: It is a condition of this Contract and shall be made a condition of each subcontract entered into pursuant to this Contract, that the Contractor and any Subcontractor shall not require any laborer or mechanic employed in the performance of the contract to work in surroundings or working under conditions, which are unsanitary, hazardous, or dangerous to their health or safety, as determined under construction safety and health standards (Title 29, Code of Federal Regulations, Part 1518, published in the Federal Register on 04/17/71) promulgated by the United States Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (83 Stat. 96)

17.2 Copies of these safety and health regulations may be obtained from the United States Department of Labor, Post Office Box 35062, Jacksonville, FL 32202. The Department of Labor office is located in the U.S. Federal Office Building, 440 West Bay Street, Jacksonville, Florida; phone number

(904) 791-2895.

18. TRENCH SAFETY

18.1 The Contractor and all subcontractors are to comply with the Trench Safety Act (90-96, Laws of Florida). No additional or separate payment is included for this compliance.