CONTRACT_-__Special_Provisions_-_Bid_Document.pdf

Small Scale Stormwater Improvement Project No. 5 Bid No. 12-19 Bid No. 02-13

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SPECIAL PROVISIONS

City of DeBary - Bid No. 12-19

These Special Provisions modify, clarify, delete, or supplement the Standard General Conditions of the Contract. The Technical Specifications and the latest edition of the Florida Department of Transportation Standard Specifications for Road & Bridge Construction, and Design Standards shall govern the work under this Contract and are included by reference. Refer to Article 16 below for the Order of Precedence of the Contract Documents.

Article 1 - Description of Work

It is the intent of these Contract Documents to cover the process of construction of the Capital Improvements to the existing drainage features at locations shown on the plans.

Work included in the Contract as Bid Items are shown on the Bid Form Sheets and is shown on the plans. No direct payment will be made for any other work necessary to complete the planned work, but the cost therefore shall be included in the unit prices bid for pay items. All costs to perform the work called for in the Contract Documents are included in the unit prices and the Total Bid Amount in the Proposal submitted by the Contractor.

Any commission or omission shown or implied shall not be cause for deviating from the intent of the Contract Documents. If any modifications of the Contract Documents are deemed necessary by the Contractor, details of such modifications and the reasons therefore shall be submitted in writing to the Engineer for written approval prior to beginning such modified work.

Article 2 - Insurance

Insurance coverage, limits and other requirements will be in accordance with Section 7-13 of Florida Department of Transportation Specifications for Road and Bridge Construction, latest edition, and as specified in Article 5 of the City of DeBary’s Standard General Conditions. Any discrepancy between the FDOT and the City specifications, the City’s specifications will govern.

City of DeBary shall be listed as an additionally insured.

Article 3 - Contract Bonds

The cost of the Payment and Performance Bond shall be included in the Total Bid Amount.

Compensation to the Contractor for providing the required Payment and Performance Bonds shall be included in Pay Item 101-1, Mobilization.

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The forms included in these contract documents shall be used. NO OTHER FORMS WILL

BE ACCEPTED.

Article 4 - Construction Procedure

The Contractor shall at all times conduct the work in such manner and in such sequence as will insure the least practicable interference with traffic. The Contractor's vehicles and other equipment shall be operated in such manner that they will not be a hazard or hindrance to the traveling public. The Contractor shall not open up work to the prejudice of work already started, and the Engineer may require the Contractor to finish a section on which work is in progress before work is started on any additional section.

The Contractor shall arrange the work and dispose of materials in accordance with the spirit of the Contract Documents and perform the work in proper sequence all as may be approved by the Engineer.

Whenever, in the opinion of the Engineer, any roadway or portion thereof is in an acceptable condition for travel it shall be opened to traffic, as may be directed, and such opening shall not be held to be in any way an acceptance of roadway, or any part of it, or as a waiver of any of the provisions of the Specifications and the Contract Documents.

Necessary repairs or renewals made on any section of the roadway opened to travel under instructions of the Engineer, due to defective material or workmanship or due to natural causes, other than ordinary wear and tear, pending completion and acceptance of the roadway, shall be performed by the Contractor without additional compensation.

The Contractor is responsible for maintaining proper drainage during construction.

Existing functioning gutters, pipes, and ditches shall not be obstructed and adjacent premises must be given access as far as practicable. Materials or equipment stored along the roadway shall be placed so as to cause no obstruction to the traveling public.

Article 5 - Barricades, Warnings, and Detour Signs

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient warning lights, danger signals and signs provide a sufficient number of watchmen to direct the traffic, and take all necessary precautions for the protection of the work and safety of the public. Highways closed to traffic shall be protected by effective barricades on which shall be placed acceptable warning signs and lights.

The Contractor shall erect and maintain acceptable warning and directional signs at all closures (partial or whole), intersections and along the detour routes, directing the traffic around the closed portion or portions of the highway, so that any temporary detour route or routes shall be indicated clearly throughout its or their entire length. All barricades and obstructions shall be illuminated at night and all lights shall be kept burning from sunset until sunrise. All warning and directional signs shall be furnished by the Contractor unless otherwise stipulated.

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Article 6 - Maintenance of Traffic and Lane Closure Requirements

Maintenance of traffic shall be in accordance with Section 102, "MAINTENANCE of TRAFFIC", of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest Edition. Traffic Control through Work Zones shall be per the applicable sheets of Florida Department of Transportation Standard Index series 600.

The Contractor shall coordinate all construction that may impede traffic with appropriate City representatives and emergency services. The Contractor shall provide public notice, detours, roadways, and crossings to minimize traffic impedance along all public highways.

Lane closures are limited to the hours of 9 AM to 4PM unless otherwise approved by the CITY in writing. The Contractor must maintain one paved lane, 10’-0 width, open to traffic at all times during lane closures. Maintenance of traffic for lane closures shall be according to FDOT Standard Index 603 with two FDOT equipped flag persons, at all times.

At the discretion of the Engineer, the Contractor may place ROAD CLOSED – LOCAL TRAFFIC ONLY signs to limit daytime traffic through the work zone. During daylight hours, paved roadways may be occupied by the Contractor’s operations however local residents, emergency vehicles, mail delivery, waste removal, and school buses must have continuous access through the work zone at all times. The Contractor shall maintain traffic and construct, maintain, and remove detours, temporary approaches, crossings, etc., as required. Payment for Maintenance of Traffic will be made under the Pay Item 102-1.

Article 7 - Contract Assignment

The successful Bidder will be required to perform the work as a prime contractor. No assignment of the contract will be allowed.

Article 8 - Layout of Work and Surveys

The Engineer will furnish the Contractor with all necessary information relating to lines, grades and locations of the work. The Contractor shall furnish all stakes and necessary labor and shall be responsible for the layout of the work and the establishing of all lines and grades. All layout work may be checked and verified by the Engineer; and the Contractor shall furnish all such necessary materials, equipment, labor and assistance as the Engineer may require. The Contractor is responsible for the safeguarding of survey references and any offset thereto which he might require in the process of his work. The damage, moving or loss of references caused by carelessness of the Contractor will be replaced at the Contractor's expense.

Article 9 - Escalation and/or Adjustment

No claim for escalation or adjustment for any price or rate increases will be considered.

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Article 10 - One-Year Correction Period

The Contractor shall at his expense maintain his Contract Bond in effect through the guaranty period and such additional time as the Contractor may be performing work pursuant to his obligations under the guaranty.

Article 11 – Testing

The Contractor will employ, at its expense, a testing laboratory for all testing required under this contract. Sample or locations are to be approved by the Engineer.

Article 12 – Specifications

The Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition in its entirety will apply to this project, with the exception of the following and other changes, modifications and/or amendments that are included in the Contract Documents.

A. IN GENERAL: Where the word "Department" and "Director" occurs substitute the word "City"; delete all references to "Secretary"; delete all references to "Holiday" and "Working Days"; delete all references to "Value Engineering Incentive".

All references to "Engineer" shall mean the City of DeBary‘s Consulting Engineer.

B. Method of Payment/Basis of Payment; The units of measurement and the contract unit prices are those indicated in the Bid Schedule portion of the proposal form. Such prices and payments shall be full compensation for performing all work necessary to complete the entire project.

Article 13 - "Or Equal" Clause

Direct reference in specifications to any item of material or equipment with or without the words "or equal", shall be interpreted as determining a standard of quality and shall not be construed as limiting competition.

Article 14 - Time of Completion

The time of completion for this project is the date set forth in the Notice-to-Proceed. The date for such Notice-to-Proceed shall be mutually agreed to by the Contractor and City and specifically established for each location the Contractor is directed to work.

No time extensions will be given for inclement weather unless the Contractor can show that rainfall experienced during the contract times is above normal for the same months in previous years as determined by reliable measurement and confirmed by the Engineer's

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Article 15 - Liquidated Damages

The amount of liquidated damages shall be five hundred dollars ($500.00) per Calendar Day that any work remains uncompleted after the contractual Completion Date. .

Liquidated damages in an amount determined in accordance with the above will be deducted from monies due the Contractor. In the event that no monies are due the Contractor or that the monies due are insufficient, his surety will be held liable for the difference between the amount of the liquidated damages and monies due the Contractor.

Article 16 - Contract Documents - Order of Precedence

A. Addenda B. Special Provisions C. Construction Drawings D. Instruction to Bidders E General Conditions of the Construction Contract F. Florida Department of Transportation Specifications (latest edition)

Article 17 – Utilities

It shall be the Contractor's responsibility to notify all utility owners prior to any excavation or grading under this contract, giving sufficient notice to enable the utility owners to locate their utilities in the vicinity of the proposed excavation or grading. It shall be the sole responsibility of the Contractor to perform his work in such manner to protect the utilities from damage. The Contractor shall use all possible care in excavating on this project so as not to disturb any existing utilities whether shown on the plans or not shown on the plans.

Locations of existing utilities are approximate only and may not be complete. Contractor shall contact all Utility Companies, which may have facilities in the construction area prior to commencing any operations relative to this project. Any utilities disturbed or damaged by the Contractor through accident or carelessness during his construction shall be replaced by the Contractor at no extra cost to the Owner.

Article 18 – Arbitration

There shall be no arbitration process in connection with this project. All claims, disputes and other matters in question between City and Contractor shall be decided by a Court with proper jurisdiction in Volusia County, Florida.

Article 19 - Stored Materials

No payment will be made for stored materials.

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Article 20 - Alternate Bids

No alternate bids are required.

Article 21 - Endangered, Threatened or Listed Species

The Contractor is obligated to assure that its employees and agents notify the City immediately upon encountering any endangered, threatened, or listed species such as the gopher tortoise, scrub jay, or indigo snake. No such protected species or its nesting area shall be disturbed without compliance with the procedures of the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. The Contractor shall hold the City harmless from any claims, damages, attorney’s fees, litigation expenses, costs and fines for the actions of the contractor, its employees or agents in violation of applicable procedures.

Article 22- Pavement Markings

Temporary pavement markings shall be installed immediately following the placement of any surfacing or other activity that obscures existing markings: The replacement of BLUE RPMs in the center of travel lanes adjacent to fire hydrants is to be considered part of the temporary markings and are included in this project. Any cost for the temporary pavement markings will be considered incidental to the cost of the total project. No additional payment shall be made.

The Contractor shall take all necessary precautions to protect all pavement markings from damage beyond the actual limits of the work. Any markings that become damaged, physically or by loss of function, shall be replaced by the Contractor to the satisfaction of the Engineer at no cost to the City.

Article 23 - Pre-Construction Meeting

Prior to the beginning of work, a Pre-Construction Meeting will be held between the Contractor and Engineer to review contract forms, schedules, testing; and other pertinent data related to the job. The meeting date and time will be mutually agreed upon, but shall, no case, be later than seven (7) calendar days after execution of the contract by all parties thereto. The Contractor shall present the Engineer with a schedule, showing anticipated monthly payments from date of Notice-to-Proceed to Final Completion, at the Pre- Construction Meeting. The date of Notice-to-Proceed with the work will be determined and agreed to at this meeting.

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Article 24 - Mailbox Relocation or Replacement

Any mailbox removed or relocated by the Contractor shall, immediately following the completion of work requiring such removal or relocation, be properly restored to its original location by the Contractor, at no cost to the City or to the resident. Any mailbox damaged or destroyed by the Contractor’s operations shall be replaced immediately, IN KIND, by the Contractor at the Contractor’s sole expenses.

Mailboxes improperly re-set or not replaced within twenty-four (24) hours following the incident requiring re-setting or replacement shall be re-set or replaced by City at a cost to the Contractor of Two Hundred Fifty Dollars ($250.00). Resetting or replacement shall meet the requirements of the United States Postal Service.

Article 25 - Beginning and Ending Joints

Asphalt pavement restoration shall have start and end joints properly constructed to prevent slipping, raveling and uneven surfaces.

Article 26 – Application for Payment

Applications for Payment shall be referenced to the Contract Pay Items as noted on the Bid Form. Applications for Payment shall include the original contract quantity and unit for each Pay Item and the percent completed. Prior to the initial pay application, the Contractor shall submit a draft format of the Application for Payment to the City for approval. Applications for Payment shall include satisfactory documentation to support the payment. Payment to the Contractor shall be made once for each thirty (30) day period of the contract.

Article 27 – Measurements and Payment

Method of Measurement and Payment for all bid items will be as measured in-place upon acceptance of the Work by the City. Payment for all unit price items will be made for the actual quantities placed and measured.

Article 28 – Public Records

The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and those made or received by the City in conjunction with this Project.

Article 29 – Storage of Equipment and Materials

Storage of construction materials including pipe and structures is not allowed on

City of DeBary rights-of-way. During daylight operations materials that will be used for that day’s work may be placed on City rights-of-way. It is the Contractor’s responsibility to provide off-site storage facilities and daily transportation of materials to the site.

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Article 30 – Existing Irrigation Systems

The Contractor shall repair or replace any element of any irrigation system that is damaged or disturbed as a result of the construction whether on public right of ways or private property. The Contractor shall coordinate with all property owners prior to excavation to determine where irrigation is located and protect existing irrigation equipment wherever possible. Damaged or disturbed irrigation equipment shall be repaired and restored to functioning condition within three (3) days after it is damaged or disturbed. Replacement parts of irrigation equipment must be of same type and manufacture as was removed. Prior to Final Acceptance of the project by the City, the Contractor shall contact the property owner of any damaged or disturbed irrigation element that is encountered during construction and confirm with the property owner that the irrigation equipment is restored to pre-construction conditions. Payment for irrigation repairs and replacement shall be made under Pay Item 590-70, Repair or Replacement of Existing Irrigation Systems.

Article 32 - Sod

The Contractor shall restore all disturbed grassed areas by backfilling, compaction, re-grading to match surrounding ground elevations. In residential areas, the Contractor shall match existing sod and install the sod within thirty (30) days after installation of the associated stormwater piping or structures.

Sod shall be placed, fertilized and watered according to FDOT Specification 575 and as directed by the City’s Designated Representative.

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