Y25-780_Supplemental_Conditions.pdf

SUPPLEMENTAL CONDITIONS / SPECIAL PROVISIONS

Lakeside Drive over Lake Rowena/Lake Sue Pipe Culvert Repair

SUPPLEMENTAL CONDITIONS/SPECIAL PROVISIONS

1. DRAINAGE IMPROVEMENTS: The primary objective of this project is to repair the existing 120-inch metal culvert under Lakeside Drive. All work is within Orange County right-of-way and Orange County easements.

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

The work does require the construction of one (1) conflict storm manhole to avoid impacts to the existing sanitary sewer gravity main. Also, since the existing gravity sewer main is VCP no vibratory compaction is allowed and all backfill shall be excavatable flowable fill.

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: N/A

9. LANDSCAPE AND MITIGATION RETAINAGE: N/A

10. SITE CONTAMINATION: N/A

11. SEPTIC TANKS & WELLS: N/A

12. DRIVEWAY CONSTRUCTION: N/A

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 the soil survey shown in the plans is based on limited geotechnical investigation. 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: N/A

17. CONSTRUCTION SCHEDULE / LIQUIDATED DAMAGES: This work requires

Substantial Completion in 150 days from the date of the Notice to Proceed with Final

Completion in another 30 days. If substantial and final completion is not met by the required time, liquidated damages will be applied at the rate of $500.00 per day as per the provisions in the Contract governing liquidated damages.

18. 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.

19 SUBMISSION OF WORKING SCHEDULE: The CONTRACTOR shall provide a schedule that shows the various activities of work in sufficient detail to demonstrate a reasonable and workable plan to complete the project within the established Contract

Time. The order and interdependence of activities and the sequence for accomplishing the work shall be shown. All activities shall be described in sufficient detail so that the

COUNTY can readily identify the planned work and measure the progress of each activity. Each activity will be shown with a beginning work date, duration, and monetary value.

Activities for the procurement, fabrication, and/or delivery of materials, batch plants, and equipment shall be included.

Activities for the review of shop drawings and submittals shall be included.

Activities indicating coordination with utility owners that have facilities within the limits of construction requiring adjustment or relocation shall be included.

Milestone activities, when required by the Contract Documents, shall be included.

In a project with more than one phase, each phase and its completion date shall be adequately identified. Activities will not be allowed to span more than one phase.

The CONTRACTOR shall submit a narrative with the schedule, consisting of a concise written description of the construction plan.

An updated Work Progress Schedule shall be submitted monthly to the COUNTY. All changes in the planned order start or finish dates, or duration of an activity will be applied.

A revised Work Progress Schedule shall be submitted to the COUNTY for acceptance when significant changes are made to the logic or durations of the activities. The

COUNTY will review the corrected schedule and respond within 7 calendar days of receipt.

The COUNTY will return inadequate schedules to the CONTRACTOR for corrections. A corrected schedule will be resubmitted within 15 calendar days from the date of the

COUNTY’s return transmittal. By acceptance of the schedule, the COUNTY does not endorse or otherwise certify the validity or accuracy of the activity durations or sequencing of activities.

The COUNTY will use the initially accepted schedule as the baseline against which to measure progress and identify critical activities that are controlling items of work.

If the CONTRACTOR fails to finalize either the initial or a revised schedule in the time specified, the COUNTY will withhold all Contract payments until the schedule is accepted.

20. 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.

21. PROTECTION OF PROPERTY: The CONTRACTOR shall be responsible for any damage whatsoever whether occurring within or outside of the boundaries of the

PROJECT including any property adjacent to the PROJECT when such damage is caused in whole or in part by any act of the CONTRACTOR or any employee, agent or subcontractor working under, with or in privity to the CONTRACTOR. The

CONTRACTOR and all the aforementioned parties shall stay off private property adjacent to the PROJECT unless the CONTRACTOR receives from the affected property owner a written release, which specifically releases the COUNTY from any liability for any damage to such property caused by any acts other than those of the COUNTY. This written release must be acceptable in form to the PROJECT MANAGER and delivered to and accepted by the PROJECT MANAGER before the CONTRACTOR makes any entry upon such private property. The CONTRACTOR shall also obtain all necessary permits and approvals from all regulatory agencies for all activities to be conducted by the

CONTRACTOR on the private property. Necessary approvals may include, but are not limited to the United States Army Corps of Engineers, the United States Environmental

Protection Agency, the Florida Department of Environmental Protection, the Florida

Department of Transportation, the applicable Water Management District, the Orange

County Environment Protection Division (EPD), and applicable municipal agencies for properties located within incorporated areas. The CONTRACTOR shall provide written documentation to the PROJECT MANAGER of the necessary approvals and permits having been obtained.

At the preconstruction conference, CONTRACTOR shall submit to the PROJECT

MANAGER a current aerial map (11” x 17” minimum size) depicting at a minimum the temporary staging area including property lines, easement lines, and right-of-way lines.

The PROJECT MANAGER will submit the aerial map to the Manager of the Orange

County Environmental Protection Division (EPD) with a request to perform a cursory review of the CONTRACTOR’S proposed temporary staging area. Within 30 calendar days of receipt of the request, EPD will provide a summary to the PROJECT

MANAGER of any natural resource issues or concerns that occur on the site for the

CONTRACTOR’S consideration. CONTRACTOR is hereby notified that the proposed temporary staging area shall not be utilized until such time as EPD completes their cursory review and all other items within the contract documents pertaining to the temporary staging area are satisfied. No additional time or special compensation will be made to the CONTRACTOR to defray costs of any of the work or delays for complying with the requirements of the above.

GENERAL CONDITION, PART F, ARTICLE 9, CONTRACTOR’S RESPONSIBILITIES, is appended as follows:

22. SITE INVESTIGATION: The CONTRACTOR shall be responsible for satisfactorily determining, prior to the submission of a bid, the nature and location of the work, the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encountered, the nature of the groundwater conditions and all other matters which can in any way affect the work under this contract. The prices established for the work to be done will reflect all costs pertaining to the work. Any claims for extras based on substrata or groundwater table conditions will not be allowed.

Information available to the COUNTY on subsoil conditions is available to bidders as information only and solely for the convenience of bidders. The COUNTY does not warrant or guarantee the accuracy or correctness of this information with respect to actual subsurface conditions. The CONTRACTOR agrees that he will make no claims against the COUNTY if, in carrying out the work, he finds that actual conditions encountered do not conform to those indicated.

Information shown on the plans as to the location of existing utilities has been prepared from the most reliable data available to the Engineer. This information is not guaranteed, however, and it shall be the CONTRACTOR'S responsibility to determine the location, character and depth of any existing utilities and to assist the utility companies, by every means possible, to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from the CONTRACTOR'S activities.

Unless otherwise noted, the CONTRACTOR will take ownership of all materials encountered which are designated to be removed or not incorporated into the Work, such as paving materials, paving brick, asphalt block, RAP/Milled material, concrete slab, sidewalk, curb and gutter, pipe materials, etc., excavated in the removal of existing pavements, and dispose of them outside of the right-of-way. Payment for this item will be included in other items of work.

23. PERMITS

1. St. Johns River Water Management District (SJRWMD) Permit - General Permit

226907-1

WATER MANAGEMENT DISTRICT: The CONTRACTOR shall be responsible for compliance with all applicable requirements of Rule 40C-2.042(9), Florida

Administrative Code (F.A.C.), for a General Permit for Dewatering. If the

CONTRACTOR’s proposed work is expected to exceed the time duration and/or the volume limits, or does not meet any of the other requirements listed with the requirements of Rule 40C-2.042(9), the CONTRACTOR must apply for and obtain such other water use permit to authorize dewatering that may be required by the Water

Management District, at no cost to the COUNTY.

2. United States Army Corps of Engineers (USACE) Permit - SAJ-2024-02220 (NWP-

BW)

The activities subject to this permit are authorized pursuant to authorities under Section

404 of the Clean Water Act (33 U.S.C. § 1344).

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 https://floridadep.gov/forms recompense from the COUNTY for either permit application activities or the time required to obtain such permits.

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.

24. REPORTS

The following Documents are being provided for informational purposes only and can be accessed at the following website:

1. Report of Geotechnical Engineering Evaluation LAKESIDE DRIVE PIPE

CULVERT REPAIR provided by Geotechnical and Environmental Consultants, Inc.

(GEC) dated September 11, 2024.

2. PRELIMINARY SEASONAL HIGH WATER ASSESSMENT LAKESIDE DRIVE

DRAINAGE IMPROVEMENTS ORANGE COUNTY, FLORIDA provided by Halff

& Associates, Inc. dated July 22, 2024.

THIS ENDS THE SPECIAL PROVISIONS