Supplemental_Conditions.pdf

SUPPLEMENTAL CONDITIONS / SPECIAL PROVISIONS

BEACH BOULEVARD DRAINAGE IMPROVEMENTS

SUPPLEMENTAL CONDITIONS/SPECIAL PROVISIONS

1. DRAINAGE IMPROVEMENTS: The primary objective of this project is to improve the chronic localized flooding at the intersection of Jamajo Boulevard and Beach Boulevard. The localized flooding is due to a lack of positive drainage from the intersection north along Jamajo Boulevard to Lake Susannah. The proposed improvements include new sidewalk, driveway, inlets and pipe to provide a better connection to the existing outfall. All work is within Orange County right-of-way and easements.

2. UTILITY IMPROVEMENTS: No utility improvements are anticipated for this project.

3. UTILITY COORDINATION: The CONTRACTOR is to coordinate any utility improvements and / or relocations for this project. The CONTRACTOR shall not use utility delays as a basis for additional compensation. Contractor shall be responsible for all coordination with utilities and shall cooperate fully with utility companies in the relocation of their facilities.

4. RAILROAD CROSSING: N/A.

5. RIGHT-OF-WAY / PARCEL CONSIDERATIONS: The CONTRACTOR is notified that at the time of this bid, the COUNTY owns all right-of-way and easements required to complete the project.

6. MAINTENANCE OF TRAFFIC: At the pre-construction conference the

CONTRACTOR shall submit a detailed Maintenance of Traffic plan approved by Orange County, Traffic Engineering to the Orange County Roads and Drainage Division. The Maintenance of Traffic plan shall address the maintenance of vehicular and pedestrian traffic between the limits of construction, as well providing business signage for all business along the corridor, and must be signed and sealed by a Professional Engineer registered in the State of Florida. The cost of preparing this plan including Orange County permit fee in the amount of $128 shall be included in Pay Item 102-1, Maintenance of Traffic. The attached Maintenance of Traffic plans provided by the COUNTY is for reference and guidance only. CONTRACTOR shall not be entitled to any additional compensation as a result of the Maintenance of Traffic plan he/she chooses to use, whether or not he/she prepared such plan.

The CONTRACTOR shall provide uniformed off-duty law enforcement officer(s) for all night time lane closures. Variable message board (VMB) signs shall be installed ten (10) days prior to all day and night time lane closures and major traffic impacts to major roads (as directed by the engineer). The contractor shall submit a Start Work Notice at least seven (7) days prior to installing VMB’s. The Cost shall be included in pay item number 102-1, Maintenance of Traffic.

7. PEDESTRIAN WALKWAY: The CONTRACTOR shall provide and maintain a safe walkway for pedestrians, in compliance with the Americans with Disability Act, along the limits of the project and for the entire project duration. The cost will be included under Pay Item 102-1 Maintenance of Traffic.

8. LANDSCAPE ESTABLISHMENT AND MAINTENANCE: As required on the plans and technical provisions.

9. LANDSCAPE AND MITIGATION RETAINAGE: N/A

10. SITE CONTAMINATION: N/A

11. SEPTIC TANKS & WELLS: N/A

12. DRIVEWAY CONSTRUCTION: As required on the plans and technical provisions.

13. ENVIRONMENTAL CONCERNS:

a. FEDERALLY OR STATE DESIGNATED LISTED SPECIES: The Florida Fish and Wildlife Conservation Commission maintains the state list of animals designated as Federally-designated Endangered or Threatened, State-designated Threatened, or State designated Species of Special Concern, in accordance with Rules 68A-27.003 and 68A-27.005. The CONTRACTOR must comply with the above-mentioned rules at no cost to the County. There also shall be no additional compensation in the event the CONTRACTOR is required to modify his means and methods or construction schedule in order to comply with the requirements of any regulatory agency with regard to any Federally or State listed species which may be encountered within or in proximity to the project limits during construction. The CONTRACTOR may be granted non-compensable days to the extent the critical path of the project is impacted by temporary work stoppages that may be required to address the presence of listed species as mentioned above.

14. EARTHWORK: The CONTRACTOR is notified that no soil survey has been prepared for this project. The CONTRACTOR shall be responsible for the disposal of the unsuitable material at a COUNTY approved site at no additional cost to the COUNTY.

The COUNTY grants access to all the bidders to the entire project limits. The bidders are responsible for obtaining approval from all the regulatory agencies that have jurisdiction for investigative work. A Right-of-Way Utilization Permit shall be issued by the Highway Construction Division for performing borings within the project limits. Contact the Highway Construction Division to obtain information regarding a Right-of-Way utilization permit. The bidders shall be entirely responsible to ensure that all the disturbed areas are restored to as good as or better than the existing conditions. The bidders shall be responsible to comply with all permit conditions, rules and regulations including but not limited to NPDES and threatened and endangered species.

15. ORANGE COUNTY INSPECTOR’S OFFICE: N/A

16. PIPE QUALITY CONTROL AND INSPECTION: CONTRACTOR is hereby notified that at the COUNTY’S discretion the County will direct the COUNTY’S lab of record to the drainage pipe manufacturer and/or drainage structure manufacturer. The purpose shall be to inspect the drainage pipes and / or drainage structures as they are being produced. If the COUNTY notifies the CONTRACTOR that the COUNTY’S lab will be inspecting the pipe, then only drainage pipes and drainage structures that have been inspected during the manufacturing process and stamped by the COUNTY’S lab of record shall be delivered to the project site. This inspection by the COUNTY’S lab of record in no way precludes the COUNTY’S right and ability to reject damaged pipe as a result of manufacturing, transporting, handling, installing/laying, videoing, etc. It shall be the CONTRACTOR’S responsibility to coordinate this inspection with the COUNTY and to determine the manufacturer’s schedule and to ensure that the procurement of these materials does not impact the CONTRACTOR’S overall project schedule.

No additional time or compensation will be made to the CONTRACTOR to defray time or costs of any of the work or delays for complying with the requirements set forth above, but such costs shall be considered as having been included in the price stipulated for the several items of work to be done under this contract.

17. PERMITS

1. St. Johns River Water Management District (SJRWMD) Permit: N/A.

2. United States Army Corps of Engineers (USACE) Permit – N/A

3. National Pollutant Discharge Elimination System (NPDES) Permit

General: The CONTRACTOR is responsible to obtain or modify, as necessary, all dewatering and land clearing permits required by STATE and COUNTY agencies pursuant to 62-621.300 F.A.C. and Orange County Code.

A. Land Clearing: The Contractor shall be responsible to prepare and submit the Notices of

Intent (NOI) and the Notice of Termination (NOT) to the Florida Department of Environmental Protection (FDEP). The Contractor shall be responsible to adhere to the construction plan sheet documents addressing the Stormwater Pollution Prevention Plan (SWPPP) and shall identify and incorporate any and all additional needs to prevent, control and reduce erosion and water pollution, meeting the requirements or special conditions of all permits authorizing project construction. In the event no SWPPP is provided the CONTRACTOR shall be responsible to prepare the SWPPP. The SWPPP and NOI forms, attached to this document, must be completed and submitted by the CONTRACTOR to the COUNTY prior to the preconstruction meeting.

• The NOI should be submitted at least two days prior to commencement of construction (permit fees are the responsibility of the CONTRACTOR).

• The NOT should be submitted within 14 days of final completion of the project (permit fees, if any, are the responsibility of the CONTRACTOR).

The CONTRACTOR shall be responsible for compliance with the EPA’s NPDES

Stormwater Construction permit, the Stormwater Pollution Prevention Plan and the FDEP Generic Permit for Stormwater Discharge from Construction Activities that Disturb One or More Acres of Land. Furthermore, the Contractor shall also comply with the FDEP Generic Permit for Stormwater Discharge from Large and Small Construction Activities.

The Contractor shall comply with the requirements indicated by the Florida Department of Environmental Protection.

The cost of this work will be included under pay item No 104-14 - Prevention, Control and Abatement of Erosion and Water Pollution.

B. Dewatering: The CONTRACTOR shall be responsible for compliance with the FDEP

Notice of Intent to Use the Generic Permit for Discharge of Groundwater from Dewatering Operations (FDEP Document 62-621.300(2)(b), which can be found at https://floridadep.gov/forms).

If it is determined that the disposal or discharge of the dewatering effluent is not authorized by this generic permit, the CONTRACTOR shall diligently pursue further required permit(s) from FDEP or other agencies.

Prior to submitting their bid, each prospective CONTRACTOR has the opportunity to perform a search to determine the extent, if any, of contaminated sites within 500 feet of the PROJECT boundaries. It is the intent of this paragraph to provide each prospective CONTRACTOR with an opportunity to investigate the water quality in the vicinity of the PROJECT in order to base his/her bid on means and methods of dewatering.

If, prior to or during the dewatering, it is determined that the disposal or discharge of the dewatering effluent is not authorized by the FDEP’s Generic Permit for Stormwater Discharge from Large and Small Construction Activities, the CONTRACTOR shall diligently pursue further required permit(s) from FDEP or other agencies without resort to delay claims or recompense from the COUNTY for either permit application activities or the time required to obtain such permits.

https://floridadep.gov/forms

The CONTRACTOR shall be responsible for all costs for water quality monitoring, treatment, storage, and disposal of the groundwater in a manner acceptable to the COUNTY and to all applicable regulatory agencies to reduce the concentration of parameters with exceedances to acceptable levels. The CONTRACTOR will be responsible for obtaining any additional permits required by regulatory agencies to implement the CONTRACTOR’s chosen method of disposal and discharge of the groundwater. No additional compensation will be made to CONTRACTOR for permitting. The CONTRACTOR shall comply with Water Quality Requirements of the Special Provisions, related to the National Pollutant Discharge Elimination System

(NPDES).

Because the CONTRACTOR’S means and methods of dewatering could lead to potential liability to third parties for damages resulting from the means and methods of dewatering, at the COUNTY’S discretion the means and methods for the dewatering plans are subject to a prior cursory review by the COUNTY, where issues and concerns may be submitted for the CONTRACTOR’S consideration.

The CONTRACTOR shall be deemed fully responsible for the means and method of the dewatering. Should the CONTRACTOR decide to modify or revise the means and method for the dewatering plan, another cursory review will have to be conducted by the COUNTY. Please note that containment on site of dewatering effluent is not considered treatment and disposal for purposes of payment under the pay item number 104-14.

CONTRACTOR shall be responsible to include in his/her bid all cost for treatment and disposal of dewatering effluent. Should it become necessary for the CONTRACTOR to treat and dispose dewatering effluent off site, Orange County will only compensate the CONTRACTOR for those activities at the unit price bid. No additional compensation will be paid to the CONTRACTOR for treatment and disposal of dewatering effluent, regardless of the actual cost incurred by the CONTRACTOR.

18. WORK HOURS

Project work hours shall be between 7:00 AM and 6:00 PM Monday through Friday, exclusive of normal Orange County holidays, unless approved otherwise by the PROJECT MANAGER. The CONTRACTOR shall request approval from the PROJECT MANAGER at least 72 hours in advance for work outside those hours.

Variable message board (VMB) signs shall be installed ten (10) days prior to all day and night time lane closures and major traffic impacts to major roads (as directed by the engineer). The contractor shall submit a Start Work Notice at least seven (7) days prior to installing VMB’s. Work before 7:00AM or after 3:30PM, or on days other that the above described normal work days, and requiring the presence of the COUNTY'S RESIDENT PROJECT REPRESENTATIVE shall require that the CONTRACTOR reimburse the COUNTY for the salary and overtime cost of the RESIDENT PROJECT REPRESENTATIVE. Reimbursement shall be made by the CONTRACTOR at the rate of $45.00 per hour by check payable to the Board of County Commissioners accompanying each monthly pay request. Each pay request shall include a tabulation of the overtime dates, times, hours and costs for the preceding month. The amount of the check must agree with the tabulated total. In the event the CONTRACTOR chooses to not submit a pay request when normally due for work he has completed, the CONTRACTOR shall submit a pay request showing that no payment is due to him, and shall include the tabulation of the overtime worked during the preceding month. Payment must be made for overtime work performed to address emergencies outside the above described normal working hours, unless the RESIDENT PROJECT REPRESENTATIVE determines, at his or her sole discretion that the emergency is the result of actions by third parties.

19. COMPLIANCE WITH TIME REQUIREMENTS:

The CONTRACTOR shall commence work in accordance with the accepted Work Progress Schedule and provide sufficient labor, materials and equipment to complete the work within the time limit(s) set forth. Should the CONTRACTOR fail to furnish sufficient and suitable equipment, forces, and materials, as necessary to prosecute the work in accordance with the accepted schedule, the COUNTY may withhold all estimates that are, or may become due, and/or suspend the work until the CONTRACTOR corrects such deficiencies.

20. VIDEO SURVEY:

The CONTRACTOR shall submit a quality video documenting before and after construction field conditions for the entire project. The PROJECT MANAGER will approve all views. Payment for this item will be included in other items of work.

21. PROJECT PROGRESS AERIAL PHOTOGRAPHS: N/A

23. REPORTS: N/A

THIS ENDS THE SPECIAL PROVISIONS