Hot-in-Place-PART_G-2022_-_final.pdf

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PART G

SPECIAL CONDITIONS

1. All work under this contract shall be performed under the supervision of the

Manager of the Orange County Roads and Drainage Division or designee, 4200 South John Young Parkway, Orlando, Florida, 32839-9205.

2. The Contractor shall coordinate all inspections with the County’s Representative. The

Contractor shall verify that all work scheduled to be inspected is complete. The Contractor shall be responsible for the solution of any problems or discrepancies that may arise during the inspection process.

3. The Contractor shall institute a quality control plan for this contract, which shall be made available to the County for approval. The Contractor shall be responsible for and shall verify all quality control actions to the County’s Representative as directed.

4. Maintenance of Traffic (M.O.T.) shall conform to F.D.O.T.'s most current editions of the

"Roadway and Traffic Design Standards" for Design, Construction, and Maintenance Systems and the Federal Highway Administration (F.H.W.A.) "Manual on Uniform Traffic Control Devices (M.U.T.C.D.) for Streets and Highways". These documents can be ordered from F.D.O.T., Maps, and Publications Department, 605 Suwannee Street, Tallahassee, Florida, 32399-0450, Phone (904) 488-9220. A proposed traffic control plan will be submitted to the County's Representative for approval, at least two (2) working days prior to start of work. If the contractor does not comply with F.H.W.A.'s M.U.T.C.D. (i.e., signs, qualified flaggers, barricades, etc.), the County reserves the right to direct the contractor to cease operations until deficiencies are corrected. In addition, no lane closures will be allowed unless otherwise specified in contract documents.

5. THE USE OF PUBLIC ROADS AND STREETS BY THE CONTRACTOR WILL

PROVIDE A MINIMUM INCONVIENCE TO THE PUBLIC AND TRAFFIC.

6. The Contractor shall comply with the most current edition of the Accident Prevention

Manual pertaining to employee safety and applicable Occupational Safety and Health Administration (O.S.H.A.) and Orange County Standards. The Contractor will be responsible for obtaining copies of these publications by contacting the F.D.O.T. Maps and Publications Department in Tallahassee, O.S.H.A. Regional Office in Atlanta, Ga.

and Orange County Public Works in Orlando, respectively.

7. A mandatory Pre-work Conference will be conducted by the County’s

Representative to ensure understanding and cooperation of all parties.

8. It is the Contractor’s responsibility to visit the worksites prior to starting operations on any assigned project to ascertain site conditions. The Contractor will submit a work schedule prior to beginning any work ordered. The Contractor will consult with the County’s Representative prior to any schedule variance. The notification will occur the

G-2 day before the day of the scheduled variance and must be agreed to by the County’s Representative.

9. All work is to be ordered by the County’s Representative in the form of Delivery Orders on an as needed basis. No work will begin until a Delivery Order has been issued to the Contractor. A Delivery Order will be issued for each project. The Delivery Order will contain a start date and completion date for each project released under this contract.

The dates so specified on each individual delivery order will constitute the basis for the assessment of liquidated damages should the project be delayed or not finished in time due to fault or negligence of the Contractor. If a project is not completed by the completion date (adjusted for County authorized delays such as adverse weather conditions) and/or the Contractor does not correct any defective area within seven (7) days after notification by the County, liquidated damages in the amount of two hundred ($200) dollars will begin one day after the specified completion date and continue each calendar day thereafter until the project is completed and accepted by the County. The County will calculate the completion date taking into consideration the minimum production rate specified in the contract. Any deficiencies not addressed by the contractor by the time required under this contract will be ground to deny payment for the location affected.

10. For any project released under this contract, liquidated damages in the amount of two

Hundred dollar ($200) per workday may be assessed if one or more of the following conditions occur:

10.1 The project is not completed by the completion date as established in the delivery order or as authorized by the County's Representative - Liquidated damages will start the first workday after the date the project was scheduled to be completed and will continue for each work day thereafter until the project is completed.

10.2 The Contractor does not correct deficient areas as specified within the allotted time frame after the punch lists send to the Contractor for correction - These liquidated damages will start the eighth workday after notification and will continue for each work day thereafter until the reported deficiencies are corrected per contract specifications.

11. The County’s Representative will be entitled at all times to be advised, at his/her request, as to the status and details of the work being completed by the Contractor in a format he/she requires. The Contractor will maintain coordination with the County’s Representative at all times. Either party may request and be granted a conference upon request in a timely manner.

12. The Contractor will supervise and direct the work efficiently with due care, skill and attendance. The Contractor shall be responsible to ensure that the finished work complies accurately with the specifications, County standards and all written orders. The

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Contractor shall immediately notify the County’s Representative of any problems in the assigned project.

13. The Contractor will provide competent, suitable and qualified personnel to perform the work as required by the specifications. The Contractor will always maintain good discipline and order at the work site. The Contractor will provide a list of all foreman and supervisors who will perform the work. This list shall also contain twenty-four

(24) hour emergency telephone numbers. All staff (including Supervisors and sub-contractors) shall be required to perform all obligations and functions on County property in a professional and business-like manner and must wear uniforms identifying the company name.

14. The Contractor will designate a competent Contractor’s Representative who will not be replaced without written notice to the County’s Representative at least twenty-four

(24) hours before or after the incident. The Contractor’s Representative will be present at the job site and will have the authority to act on behalf of the Contractor. The Contractor’s Representative at each work site shall be fluent in the English language.

All communications (both verbal and written) given to the Contractor’s Representative shall be binding as if given to the Contractor. All verbal communications shall be followed up in writing within two (2) working days.

To effectively communicate with County staff while in the field, the Contractor’s Representative shall have available communication devices with internet access (including email) (e.g., cellular smart phone, laptop computer, etc.).

This mandatory requirement will ensure proper communication and documentation of problems while performing operations in contracted areas.

The use of sub-Contractors does not relieve the Contractor from these requirements.

15. The Contractor shall notify all residents within the work area as to when the work will take place and explain the level of inconvenience that will be involved. This notification shall be by message boards and approved door hangers to be placed on each house and any vehicles parked on the roadways. Installation of the message boards shall be the responsibility of the contractor and shall be utilized on all roadways and industrial parks.

Message boards shall be in place ten (10) days prior to commencement of any work in that area. Door hangers shall be placed five (5) days prior to beginning the project. Copy of door hanger notification per project shall be faxed to the Counties Representative. Failure to provide adequate notification may result in termination of this contract.

Note: The cost of the Message Boards shall be billed at the unit price on the Bid Item List. The cost of the door hangers shall be the responsibility of the Contractor.

16. All work performed, unless authorized by the County’s Representative, will take place between the hours of 7:00 A.M. and 5:00 P.M., Monday through Friday. To minimize impact on existing traffic, project hours could be adjusted due to lane closures and/or

G-4 restricted work hours. No work is to be performed on Saturdays, Sundays or Federal, State, and County holidays, unless authorized by the County’s Representative. If the Contractor desires to work on Saturdays, Sundays, or official County holidays (New Year’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve and Christmas Day) he/she must obtain pre-approval from the County’s Representative.

17. Due to either F.D.O.T requirements and/or to heavy traffic loads during the hours of

7:00 am to 5:00 pm, some projects may be required to be performed at night. Nighttime work hours will be determined during the MOT approval process. A MOT Plan must be submitted on all projects when submitting a project schedule. During the notification process the contractor shall have the approved work hours on the door hanger and the message boards. Nighttime work days shall be from Sunday night through Thursday night. There will be no nighttime work on Fridays or Saturdays, unless deemed an emergency by Orange County's Roads and Drainage Division.

18. Due to congested traffic or unusual conditions, the Contractor may be required to remove his/her operation from the right-of-way and County property at the discretion of the County's Representative. If the Contractor is required to remove his/her operation due to congested traffic, inclement weather (heavy rain, lighting, hail, tropical storm, hurricane conditions, etc.) or unusual conditions before 12:00 PM (noon), the County will consider allowing additional one-half (½) day be added to the performance period, otherwise no adjustment will be made to the performance period. No monetary compensation will be granted unless approved by Roads and Drainage Management with a detailed cost breakdown from the contractor. Roads and Drainage Management will review the cost breakdown and approve or deny in whole or in part. Roads and Drainage Management decision will be final.

The County's Representative will determine and authorize such award after the Contractor makes a written application for this. The County will verify alleged conditions in the area prior to authorization. Once approved, the County will modify the completion date, accordingly, for the project as required for the project and will notify the Contractor.

Contractor’s request for rain days may be by phone but must be submitted in writing on the same day as the request. Request for a full rain day shall be submitted by noon. Half day request must be submitted in writing by 1:00 PM. Once the request has been submitted and approved. The Contractor shall cease all operations to receive credit for additional time.

19. The County will not provide staging or storage areas for the Contractor. On a case-by-case basis, in an area where County surplus property is available, the Contractor may, after obtaining permission from the person or persons responsible for the property, use said property for staging with the understanding that the Contractor shall restore the property to its original or better condition upon completion of the project prior to submitting an invoice for work completed and accepted. Agreements for

G-5 utilizing areas for staging must be in writing and submitted to the County prior to starting operations.

Should the right-of-way be requested to be used for staging or storage area, an agreement must be submitted on writing to the County for approval prior to starting operations, and must include a plan for maintenance of traffic, pedestrian safety, protection to drainage structures and swales to prevent runoff obstructions, and restoration of the right-of-way to its original or better condition upon project completion. No staging of equipment or material shall be allowed near roadway intersections to avoid sight distance obstructions.

Water needed on any of the released projects shall be coordinated between the Contractor and the utility company providing the water at no additional cost to the County. The Contractor and/or a Subcontractor shall not use a Fire Hydrant without the proper metering system with back flow preventer. Failure to use proper procedures when using a fire hydrant will result in a complete shutdown of the Contractor and/or Subcontractor activities.

20. EQUIPMENT – The Contractor shall furnish necessary equipment to satisfactorily perform the work required under this contract. The Contractor shall ensure all equipment used in the performance of the contract on County property is in good safe working order and properly maintained in order to protect the operator and the public. All equipment onsite (including pick-up trucks) shall be identified with the company logo.

All equipment used by the Contractor is subject to inspection by the County’s Representative. Any equipment on site, which is deemed by the County’s Representative to be inoperable, unsafe, or improper for desired use, must be removed from the premises by the Contractor at his/her expense the same day of the county’s determination.

The Contractor shall utilize equipment of a type and in sufficient quantity to perform the work in a satisfactory manner within the time specified herein. The equipment shall comply with minimum requirements for asphalt equipment as detailed on the Florida Department of Transportation Standard and Specifications for Road and Bridges Construction, latest edition.

The Contractor is required to use amber flashing lights, back-up alarms, etc. on all equipment and his/her employees must be provided with the required Personnel Protective Equipment as required by O.S.H.A. and the County.

Equipment authorized by the County to be left on the right-of-way or County property after designated work hours will be placed outside the clear and recovery area and will be the sole responsibility of the Contractor. If equipment is left on the right-of-way, it will be marked with barricades with approved steady burning amber lights.

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21. DISPOSAL – The Contractor shall dispose of debris in accordance with all Federal, State and Local rules and regulations in effect at the time of disposal. Cost involved with the disposal of debris shall be the responsibility of the Contractor.

22. The Contractor shall be responsible for locates of utilities prior to starting operations.

Locate tickets shall be always kept on site. The Contractor shall notify utility companies and residents of any damages to private property (irrigation, utilities, etc.) and shall repair damages immediately. The Contractor shall be responsible for these areas for a period of six (6) months after acceptance of the project and shall be required to correct any damages related to such repairs. No additional compensation shall be provided to the Contractor for locates or repairs to damages as specified above.

The Contractor shall be responsible for and make good all damage resulting from their activities, both within and beyond the limits of this contract, to buildings, telephone, power or other cables, water pipes, storm sewer facilities, sanitary pipes, gas lines, traffic signalization, or other utilities or structures which may be encountered. It shall be the Contractor's responsibility to eliminate and prevent damages to utilities resulting from Contractor's activities.

23. MANAGEMENT PLAN – Bidders are required to provide a management plan with the bid to include a list of resources available for performance of the contract resulting from this solicitation and all current Orange County contracts the bidder is performing and those projected to be awarded. The management plan shall outline the bidder’s approach to ensure satisfactory performance within the terms and conditions of the contract. The plan also shall include the bidder’s approach to ensure satisfactory performance on all other County current and projected contracts. At a minimum, the management plan shall include:

a. The bidder’s basic approach to the management of the contracts. This shall include their understanding of contract requirements.

b. An organization chart showing a reporting hierarchy of staff and subcontractors (if any) identifying the key individuals responsible for the work. A separate organization chart for all other County contracts – current and projected – will also be provided.

c. A complete list of equipment to be dedicated to the contract resulting from this solicitation with applicable vehicle identification numbers. A separate list of equipment for all other County contracts – current and projected – will also be provided.

d. A complete list of workers by skill category who will be dedicated to work under the contract resulting from this solicitation. This list shall include project

G-7 management and supervisory personnel. A separate list of workers for all other County contracts – current and projected – shall also be provided.

e. If sufficient resources are not available, the Bidder shall prove that they have the ability to obtain those additional resources to be able to provide services as required.

Failure of a bidder to provide an acceptable Management Plan and Resource List may delay or prevent an award of this contract.

The County at its sole discretion may determine that the proposed contract exceeds the bidder’s ability to deliver satisfactory contract performance.

24. CONTRACTOR’S/SUB-CONTRACTOR’S EXPERIENCE – The Bidder must provide (with the bid form) a list of at least three (3) similar single pass hot-in-place asphalt recycling projects successfully completed by the Bidder as a Prime or Sub- Contractor within the last ten (10) years immediately preceding the bid opening date in response to this invitation for bids. Failure to provide this information may be cause for rejection of the bid. In the event sub-contractors are to be used to provide required hot-in-place asphalt recycling services, the prime contractor shall submit at least three (3) similar single pass hot-in-place asphalt recycling projects (as required in contract documents) successfully completed by the bidder (using the sub-contractor) within the past three (3) years immediately preceding the bid opening date in response to this invitation for bids.