Contract Documents and Specifications for GUN RANGE EXPANSION, KNIGHTS TRAIL CIP #83116 Bid #122126CS Sarasota County Public Works 1001 Sarasota Center Boulevard Sarasota FL 34240 This page left intentionally blank TABLE OF CONTENTS __________________________________________________________________________________ SECTION PAGE 1 PUBLIC BID DISCLOSURE ACT FORM 2 INVITATION FOR BIDS INSTRUCTIONS, TERMS, AND CONDITIONS CONSTRUCTION AND OTHER SEALED BIDS BID FORM 3 Bidder’s Agreement Form Price Schedule 4 ITC-1 to ITC-15 BF-1 to BF-2 & BF-6 BF-3 to BF-5 TS-1 to TS-2 Status of Contracts On-hand Report SCH-1 Contractor’s Qualification Form CQF-1 List of Subcontractors Stored Materials Affidavit 6 IN-1 to IN-2 BIDDER’S CERTIFICATIONS Sworn Statement, Florida Trench Safety Act 5 BD-1 to BD-2 LOS-1 to LOS-2 SMA-1 BONDS Bid Bond BB-1 to BB-2 Performance and Payment Bond PB-1 to PB-3 CONSTRUCTION CONTRACT (including the Minority Business Enterprise (MBE) Project Plan) C-1 to C-10 MBE-1 to MBE-2 7 RELEASE OF LIEN RL-1 to RL-2 8 GENERAL CONDITIONS 9 SUPPLEMENTAL GENERAL CONDITIONS & SPECIAL CONDITIONS (see Section) 10 TECHNICAL SPECIFICATIONS – See Section 10 Table of Contents (see Section) 11 PERMITS (see Section) GC-1 to GC-44 _______________________________________________________________________________________ 2 Mar 09 Revision TABLE OF CONTENTS Page i This page left intentionally blank SECTION 1 _____________________________________________________________________________________ SARASOTA COUNTY PURCHASING MANAGEMENT DIVISION PUBLIC BID DISCLOSURE ACT FORM Gun Range Expansion, Knights Trail, Bid#122126CS, Pursuant to Section 218.80, Florida Statute, Sarasota County hereby discloses that the following licenses, permits, and fees (and their costs) are issued by Sarasota County Government and/or Sarasota County elected officials for construction within Sarasota County. The licenses, permits, and fees applicable to this project are indicated below and must be obtained and/or paid by the successful bidder. Vendors are hereby warned that the licenses, permits, and fees listed below are only licenses, permits, and fees "issued by Sarasota County Government". The successful bidder is totally responsible to identify and obtain all other applicable licenses, permits, and fees. The cost of all licenses, permits, and fees applicable to this project are to be included in the price(s) bid in this invitation to bid. I. SARASOTA COUNTY REQUIREMENTS (applicable only to firms residing in Sarasota County): 1. Sarasota County Local Business Tax: (formerly known as Occupational License) a. License Cost *: Go towww.sarasotataxcollector.com b. Applicable to Project: Yes 2. Sarasota County Certificate of Competency and/or Operating Certificate: Biennial Certificate Cost Applicable to Project ** a) General Contractor, Class A† $360.00 Yes b) Building Contractor, Class B† $270.00 Yes c) Residential Contractor, Class C† $180.00 n/a d) Underground Utility Contractor $ 0.00 n/a e) Electrical Contractor† $180.00 Yes f) Plumbing Contractor† $180.00 n/a g) Mechanical Contractor – Class “A” or “B” or “M” † $180.00 Yes h) Roofing Contractor† $180.00 Yes i) Alum. Cont., Specialty, incl. Concrete◊ $180.00 Yes j) Commercial Pool Contractor, Class A† $180.00 n/a k) Residential Pool Contractor, Class B† $180.00 n/a l) Swimming Pool Svc’g Cont., Class C† $180.00 n/a m) Marine Specialty Contractor† $180.00 n/a n) Specialty Structure Contractor† $180.00 n/a o) Irrigation System Special. Cont. ◊ $180.00 n/a p) Water Conditioning Installer, Exempt $ 0.00 n/a q) Journeyman Electrician or Plumber (cannot pull permits) ◊ $ 45.00 n/a r) State Certified Contractors (Administrative Fee) $ 45.00 Yes s) House Moving◊ $180.00 n/a t) Hurricane Shutter◊ $180.00 n/a u) Fence Erection◊ $180.00 n/a v) Demolition◊ $180.00 n/a w) Window Door◊ $180.00 Yes x) Garage Door Installation◊ $180.00 Yes y) Masonry/Concrete Contractor◊ $180.00 Yes * Go to www.sarasotataxcollector.com / Business Tax / Fees - to determine cost. ** Only those items marked with a "YES" in this column are applicable to this project. † Bidder must be a licensed General Contractor, Class A, B, or Underground Utility Contractor in the State of Florida. ◊ Local License only. _______________________________________________________________________________________________________________________________ 22 Oct 10 Revision PUBLIC BID DISCLOSURE ACT FORM PAGE BD-1 SECTION 1 _____________________________________________________________________________________ State-certified or licensed Contractors with state-issued certificates or licenses in one or more of the above categories need only submit proof of certification to be exempt from obtaining or paying the cost of the matching Sarasota County certificates or licenses. II. SARASOTA COUNTY REQUIREMENTS: PROJECT-SPECIFIC (applicable to all firms): 1. List other applicable Sarasota County Government certificates/licenses and costs: n/a 2. Sarasota County applicable permits and/or licenses fees and/or costs: Sarasota County Earthmoving Permit no fee Building Permit Varies National Pollution Discharge Elimination System (NPDES) N/A Large construction (5 or more acres of disturbance) $400.00 Small construction (1<5 acres of disturbance) $250.00 Sarasota County Utility Construction Permit Sarasota County Utility, Customer Service, Water Usage: Meter Deposit Meter Installation Usage no fee N/A $1,500.00 $100.00 $110.00/month plus $3.19/1,000 gal. _______________________________________________________________________________________________________________________________ 22 Oct 10 Revision PUBLIC BID DISCLOSURE ACT FORM PAGE BD-2 SARASOTA COUNTY GOVERNMENT INVITATION FOR BIDS CONSTRUCTION CONTRACT This Invitation for Bid (IFB) document is available via eProcure. eProcure is accessible at https://eprocure.scgov.net. Bidders must be registered as a vendor in eprocure prior to submitting a bid. Sarasota County is not responsible for the accuracy of solicitation documents and information obtained from any source other than eProcure. SOLICITATION SUMMARY SOLICITATION NUMBER: IFB122126CS SOLICITATION TITLE: Gun Range Expansion, Knights Trail SUBMITTAL FORMAT: Electronic Manual SUMMARY: Construction of a 2,400 Sq. ft. pre-engineered metal building to include all site, foundation, electrical and HVAC work. ADVERTISE DATE: September 22, 2012 DUE DATE AND TIME: October 17, 2012 at 2:30 PM REQUEST FOR INFORMATION (RFI) DEADLINE: October 10, 2012 at 5:00 PM BID OPENING LOCATION: PRE-BID MEETING: Sarasota County Government, Procurement 1660 Ringling Blvd. 3rd Floor Sarasota, FL 34236 Mandatory 1 Non-Mandatory N/A TIME/DATE OF PRE-BID MEETING: October 4, 2012 at 8:30 AM LOCATION OF PRE-BID MEETING: 34275 SITE VISITS: Mandatory 2 PROCUREMENT ANALYST: Gun Range Knight’s Trail, 3445 Rustic Road, Nokomis, FL Non-Mandatory N/A Peter A. Boers, Procurement Analyst E-MAIL: [email protected] PHONE: 941-650-2709 FAX: 941-861-5129 SUBMITTAL INSTRUCTIONS: Solicitations identified in eProcure as Electronic: Electronic bids must be submitted via eProcure by the due date and time stated in the solicitation summary. Manual bid submissions will not be accepted for solicitations identified as electronic. 1 Failure to attend a mandatory pre-bid meeting will result in your bid being declared non-responsive. Pre-bid mandatory with site visit due to Security at site. 2 07 June 12 eProcure Revision INVITATION FOR BIDS PAGE IN-1 Solicitations identified in eProcure as Manual: Four (4) signed copies of your bid must be submitted in one sealed package by the due date and time stated in the solicitation summary. Bid packages must clearly state the name of the bidding company and “SEALED BIDS FOR BID” “IFB122126CS, Gun Range Expansion, Knights Trail” on the outside. Packages must be delivered to: Sarasota County Government, Procurement 1660 Ringling Blvd. 3rd Floor Sarasota, FL 34236 The County assumes no responsibility for any bids (manual or electronic) received after the posted due date and time or at any location other than that specified, no matter what the reason. Late submittals will be held unopened and will not be considered for award. All printed and photocopied documents related to the submission of this bid and fulfillment of any resulting contract shall be double-sided and printed on recycled paper with a minimum of 30% postconsumer content. REQUESTS FOR INFORMATION Requests for information must be submitted electronically through the eProcure system. RFI’s submitted after the RFI deadline stated in the solicitation summary will not be accepted. No verbal RFI’s will be honored. The electronic response posted in eProcure or the posting of an addendum in eProcure are the only official methods whereby interpretation, clarification or additional information will be provided. A bid bond or certified cashier’s check payable to the Board of County Commissioners, equal to 5% of the total bid must be enclosed with the bid. Any bonding company submitting a bid or performance bond to Sarasota County Government must be licensed to transact a fidelity and surety business in the State of Florida, must hold a Certificate of Authority from the Secretary of the Treasury under Act of Congress, approved on July 30, 1947 (U.S.C. 613), and must meet the bond requirements listed in the bid specifications. Bidders are advised that a performance and payment bond of 100% of the contract amount will be required. 07 June 12 eProcure Revision INVITATION FOR BIDS PAGE IN-2 SECTION 2 _____________________________________________________________________________________________ INSTRUCTIONS, TERMS AND CONDITIONS CONSTRUCTION and OTHER SEALED BIDS 1. IRREVOCABLE OFFER Any bid may be withdrawn until the due date and time set for opening of the bid. Any bid not so withdrawn shall, upon opening, constitute an irrevocable offer for a period of 120 days to sell to Sarasota County the goods or services set forth in the attached specifications. 2. 3. INTERPRETATION OF ESTIMATED QUANTITIES 2.1 The estimated quantities of work and materials given in the bid form are considered approximate only and are to be used solely for the comparison of bids received. The County does not expressly or by implication represent that actual quantities involved will correspond exactly therewith, nor shall the Bidder plead misunderstanding or deception because of such estimate neither of quantities nor of the character, location or other conditions pertaining to the work. 2.2 Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and other contract or work assignment documents. 2.3 It is understood that the quantities may be increased, decreased or deleted as provided in the contract documents without invalidating any of the unit or lump sum prices bid. MATHEMATICAL ERRORS In the event of multiplication/extension error(s), the unit price shall prevail. In the event of addition error(s) the extension totals will prevail. Written prices shall prevail over figures. All bids shall be reviewed mathematically and corrected, if necessary, using these standards, prior to additional evaluation. 4. DELIVERY Unless otherwise specified, all prices are to be FOB-delivered prices, to any location in the County. Should a bid call for delivery to either north or south County alone, with separate bid prices, the dividing line is Blackburn Point Road, between Laurel and Osprey, Florida. 5. CONTRACT FORMS Any agreement, contract, work assignment, or purchase order resulting from the acceptance of a bid shall be in a form either supplied by or approved by the County. __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-1 SECTION 2 _____________________________________________________________________________________________ 6. 7. EXAMINATION OF BID DOCUMENTS AND SITE 6.1 The Bidder shall carefully examine the site of the work, the plans, and other bid documents for the work contemplated. It is the responsibility of the Bidder to investigate and become fully informed of the construction and labor conditions, of obstructions to be encountered, of the character, quality and quantities of work to be performed, materials to be furnished, and requirements of the plans and other bid documents. Failure to do so does not relieve a successful Bidder of his obligations to furnish all materials, equipment, and labor necessary to carry out the provisions of the contract documents and to complete the contemplated work for the consideration set forth in his bid. 6.2 Submission of a bid constitutes an incontrovertible representation that the Bidder has complied with every requirement of this paragraph and that bid documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of work. BID EXPENSES Bidders shall bear all costs and expenses incurred in developing, preparing, and submitting bids. 8. LOCAL PREFERENCE 8.1 Unless otherwise noted in the solicitation, preference shall be given to a “local business” in the awarding of any Invitation for Bid or Request for Proposal in accordance with Sections 2-219 and 2-220 of the Sarasota County Code. Local preference shall not apply to other types of solicitations unless explicitly stated in subject solicitation. 8.2 "Local business" means the vendor has paid a local business tax either to Sarasota County or to the county in which the vendor is located, if applicable prior to bid submission that authorizes the vendor to provide the commodities or services to be purchased, and maintains a permanent physical business address located within the limits of either Sarasota, Manatee, DeSoto or Charlotte County from which the vendor operates or performs business, and at which at least one full time employee is located. 8.3 In addition, fifty percent (50%) or more of the employees based at the local business location must reside within Sarasota, Manatee, DeSoto, or Charlotte County. 8.4 In the event the local office is not the primary location of the vendor, at least 10% of the vendor's entire full-time employees must be based at the local office location. Alternatively, this requirement may be satisfied if at least one corporate officer, managing partner or principal owner of the vendor resides in Sarasota, Manatee, DeSoto or Charlotte County. To determine if you may qualify for local business preference, please refer to the Local Preference Checklist for Vendors located at: __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-2 SECTION 2 _____________________________________________________________________________________________ http://www.scgov.net/CFPO/ProcurementPurchasing/procurementpurchasing. asp 8.5 Bidders wishing to be given preference as a local business must submit a local preference affidavit as part of their eProcure vendor registration prior to the due date and time listed in the solicitation summary. 8.6 For local preference to be granted, the name of the company represented on required forms must be the same as the name on the local preference affidavit. Information regarding Sarasota County's Local Business Tax can be found at http://sarasotataxcollector.governmax.com. 8.7 9. In the case of a proposal submitted by more than one entity, any one of those entities can qualify the proposal for the local preference. Sub-contractors or sub-consultants cannot qualify a proposal for local preference. PROTESTS OF BID DOCUMENTS OR NOTICE OF AWARD ACTION 9.1 Protest procedures are available by contacting the Procurement Analyst listed on the solicitation summary. Protest procedures are also available online at: http://www.scgov.net/CFPO/ProcurementPurchasing/PoliciesProcedures.asp 9.2 Any protest of the terms, conditions and specifications contained in a solicitation and subsequent addendums, including, but not limited to, any provisions governing the methods for awarding the solicitation must be filed in writing with the Procurement Official, via facsimile at 941-861-5171 or delivered to the Sarasota County Procurement Office within five (5) working days of the posting of this solicitation or issuance of applicable addendum. Email is not an acceptable means of submitting a protest. 9.3 Any Bidder who believes that they have been aggrieved in connection with the award of this solicitation, as the result of a violation of the requirements of the Sarasota County Procurement Code or any applicable provision of law, may protest the award action. Protestors must verbally notify the Procurement Official, at 941-861-5000 of their intent to protest within three (3) working days of the posting of the Notice of Award Action. 9.4 Pursuant to Section 2-223(b) of the Procurement Code, protestors, and those acting on behalf of a protestor, are prohibited from directly contacting any County officer, agent, or employee other than the procurement staff, to discuss any matter relating in any way to the solicitation being protested. This prohibition begins with the issuance of the solicitation and ends upon the execution of an agreement or cancellation of the solicitation. Failure to adhere to this restriction may result in the protest being rejected or denied by the County without further consideration. __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-3 SECTION 2 _____________________________________________________________________________________________ 10. PROTECTION OF RESIDENT WORKERS 10.1 Sarasota County supports the Federal Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and non-discrimination. The Contractor is held responsible to establish appropriate procedures and controls so no service under this contract will be performed by any worker who is not legally eligible to perform such services. 10.2 Sarasota County shall have the right to immediately terminate the contract if the County determines that the Contractor has failed to perform satisfactorily with respect to its employment practices in support of INA. 10.3 Bidders shall be required to confirm the employment eligibility of all employees through participation in E-Verify or an employment eligibility program approved by the Social Security Administration, and will require the same requirement to confirm employment eligibility of all subcontractors 11. RESERVED RIGHTS 11.1 The County reserves the right to accept or reject any or all bids, to waive minor irregularities and technicalities, and to request resubmission. Also, the County reserves the right to accept all or any part of the bid and to increase or decrease quantities to meet additional or reduced requirements of the County. 11.2 Furthermore, the County may reject bids, which exceed budgetary constraints, whether in total or by source(s) of funds. The County further reserves the right to extend the bid opening if no bids or only one bid is received. 11.3 Any sole response received by the first due date and time may or may not be rejected by the County depending on available competition, budget constraints and current needs of the County. 11.4 To be responsive, a Bidder shall submit a respects to the requirements set forth in responsible Bidder, the Bidder shall have perform fully the contract requirements, experience, integrity, reliability, capacity, which will assure good faith performance. 11.5 Also, the County reserves the right to make such investigation as it deems necessary to determine the ability of any Bidder, to deliver the goods or service requested in accordance with the bid documents to County’s satisfaction within the prescribed time. 11.6 The Bidder shall provide information the County deems necessary to make this determination. Such information may include but shall not be limited to: current financial statements, projected project schedule(s), verification of availability of equipment and personnel, and past performance records. bid that conforms in all material the invitation for bid. To be a the capability in all respects to and the tenacity, perseverance, facilities, equipment, and credit __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-4 SECTION 2 _____________________________________________________________________________________________ 11.7 The Bidder shall mean the individual, partnership, corporation, or other legal entity executing the bid form. In the event the bid form is executed by a partnership, corporation, or other legal entity, that entity alone shall be deemed to be the Bidder. 11.8 Bidders are required to bid their prices on the bid forms supplied by the County in the bid document. All blank spaces must be filled in as noted, in ink or typed, and no changes shall be made in the forms or in the items mentioned therein. 11.8.1 Bids, at the sole discretion of the County, may be deemed nonresponsive if these bid forms are not used and duly signed by an authorized representative of the Bidder. 11.9 At the sole discretion of the County any bid may be rejected for but not limited to the following reasons: any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for, or which does not contain prices set opposite to each of the several items in the bid form; a Bidder submits more than one bid for the same work by an individual, firm, partnership or corporation under the same or different names; there is evidence of collusion among those submitting bids; there is previous participation by the Bidder in collusive bids on work for the Board of County Commissioners, Sarasota County, Florida; the Bidder submits an unbalanced bid in which the prices for some items are out of proportion with the prices for other bid items or which shall in any manner fail to conform to the conditions of the published notice inviting bids; there is any uncompleted work for which the Bidder is committed by contract which, in the determination of the County Bidder is delinquent, behind schedule, or in other material ways not in compliance with said contract. 11.10 The County may review the scope of work with the apparent low Bidder before accepting the bid. Before award of the contract, the low Bidder shall furnish to the County an analysis of his bid prices, if requested to do so. 11.11 The County reserves the right, in its sole opinion, to purchase items listed in this bid through the State of Florida contracts. The County reserves the right to solicit separate bids for requirements that are a portion of a larger contract bid as a whole. 11.12 Additionally, at the County’s sole option, additional contracts may be entered into as a result of such situations as unusual volumes, time/delivery requirements, special requirements, other brands, lease, project specific requirements, or similar situations. After award of this bid the County reserves the right to add or delete items/services at prices to be negotiated at the time of addition or deletion. 11.13 The Procurement Official reserves the right to cancel any Invitation For Bid during any phase of the solicitation process. The Procurement Official further reserves the right to cancel any recommended award or recommended contract at any time prior to execution. Such determination may be based upon bid mistakes, or other reasonable factors determined to be in the best interest of the County. __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-5 SECTION 2 _____________________________________________________________________________________________ 12. CLARIFICATION AND ADDENDA 12.1 Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the solicitation shall be submitted electronically through the eProcure system. All requests for information (RFI) must be received no later than the RFI deadline specified in the solicitation summary. No verbal requests for information will be honored. 12.2 The electronic response posted in eProcure or the posting of an addendum in eProcure are the only official methods whereby interpretation, clarification or additional information will be provided. It shall be the responsibility of each offeror, prior to submitting their offer, to visit eProcure and determine if addenda were issued and to make such addenda a part of their offer. 12.3 The County shall not be responsible for oral interpretations given by any County employee, representative, or others. 12.4 By submitting a response, offerors acknowledge receipt of any and all issued addenda, and agree to the provisions of each. 12.5 After the issuance of the invitation for bid, prospective Bidders or any agent, representative or person acting at the request of such Bidder shall not contact, communicate with or discuss any matter relating in any way to the bid with any officer, agent or employee of Sarasota County other than the Procurement Official or Procurement Analyst named on the Invitation for Bid. This prohibition begins with the issuance of any invitation for bid, and ends upon execution of the final contract or when the invitation or request has been canceled. 12.5.1 12.6 Violation of this prohibition may result in the Bidder being considered non-responsible and their bid rejected. Should the Bidder discover any ambiguity, inconsistency, or error, Bidder will be required to seek an interpretation as described above in advance of submitting the bid or otherwise will be prohibited from taking advantage of such ambiguity, inconsistency or error. If Bidder has not received a written clarification on an ambiguity, the Bidder shall be required to submit his bid on the basis of the highest price necessary to complete the task in question. 13. QUALITY GUARANTEE 13.1 Unless otherwise specifically provided in the specifications, all equipment, materials and articles incorporated in the work covered by this contract shall be new and of the most suitable grade for the purpose intended. 13.2 Except where specifically noted (no substitutions), reference to any equipment, material, article or patented process, by trade name, brand name, make or catalog number, shall be regarded as establishing a level of quality, performance, warranty, etc. required and shall not be construed as limiting competition. 13.3 Where products are specified by name and accompanied by the terms “or approved,” “or approved substitution,” or “or approved equal”, the Bidder may propose an alternative, but must do so in writing to the Procurement __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-6 SECTION 2 _____________________________________________________________________________________________ Analyst named on the Invitation For Bids, Procurement Analyst, Sarasota County Government, Procurement, 1660 Ringling Boulevard, Sarasota FL 34236, fax 941-861-5171 or 941-861-5129, specifying the bid name and no later than ten (10) days prior to bid opening. The submittal must consist of but may not be limited to the following: 13.4 13.3.1 Evidence that the proposed product does not require extensive revisions to the contract documents that it is consistent with the contract documents and will produce the indicated results, and that it is compatible with other portions of the work. 13.3.2 Detailed comparison of significant qualities of proposed product with those named in the specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. 13.3.3 Evidence that proposed product provides specified warranty. 13.3.4 List of similar installations for completed projects with project names and addresses and names and addresses of Engineers and owners, if requested. Any such substitution shall be subject to written County approval prior to bid opening. Substitutions shall be approved only if determined by the County to be equivalent to the prescribed specifications. A bid containing a substitution is subject to disqualification if the substitution is not approved by the County. 14. ROYALTIES AND PATENTS The Bidder shall pay all royalties and license fees for equipment or processes in conjunction with the equipment and/or services it furnished. Bidder shall defend all suits or claims for infringement of any patent, trademark or copyright, and shall save the County harmless from loss on account thereof, including costs and attorney’s fees. 15. APPLICABLE LAWS 15.1 Bidders must be authorized to transact business in the State of Florida. All applicable laws and regulations of the State of Florida and ordinances and regulations of Sarasota County will apply to any resulting agreement. Any involvement with Sarasota County shall be in accordance with Sarasota County Procurement Code Ordinance 2003-084. It shall be the responsibility of the Bidder to assure compliance with any OSHA, EPA and/or other federal or State of Florida rules, regulations, or other requirements, as each may apply. All work shall comply with Sarasota County codes and regulations. 15.2 Bidders must possess all licenses as required by permitting authorities and any other government entities having jurisdiction. At the County’s discretion, and if allowed by applicable law, some or all of said licenses may be held by a subcontractor to the Bidder. 15.3 Any proposer who, as a result of a code enforcement hearing conducted by a Sarasota County special magistrate, has been determined to be in violation of any provision of the Sarasota County Code of Ordinances (whether related to __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-7 SECTION 2 _____________________________________________________________________________________________ the subject matter of this solicitation or not) shall be deemed non-responsible and ineligible for award of any contract hereunder. This prohibition shall be in force until the violation has been corrected and any fine imposed by the special magistrate has been fully paid. 15.3.1 15.4 In the event a proposer is awarded a contract hereunder and subsequently is determined to be in violation of any provision of the Sarasota County Code of Ordinances as stated above, such violation shall be grounds for termination of that contract. Bidders located in Sarasota County must comply with the Local Business Tax ordinance. It shall be the responsibility of the Bidder to obtain a current local business tax receipt from the Sarasota County Tax Collector (www.sarasotataxcollector.com) and supply a copy of that receipt to the County upon request. 15.4.1 Local Preference requirements as related to the Local Business Tax ordinance are defined in paragraph 8 of these Instructions, Terms and Conditions. 16. SWORN STATEMENT, COMPLIANCE WITH FLORIDA TRENCH ACT Bidder shall be solely responsible for complying with the Florida Trench Safety Act (553.60-553.64 Florida Statutes) and Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 (subpart P) as amended. All costs associated with complying with these requirements shall be included in the separate line items of the bid and shall be as detailed in the Sworn Statement of Compliance with the Florida Trench Safety Act. Bidder shall submit the Statement of Compliance with the Florida Trench Safety Act form provided herein with his bid or with each work assignment. 17. DRUG-FREE WORKPLACE Pursuant to Section 287.087, Florida Statutes, whenever two or more bids which are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process as per the Drug-Free Workplace Program Certification submittal as provided in the eProcure vendor profile. 18. PUBLIC ENTITY CRIMES In accordance with Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-8 SECTION 2 _____________________________________________________________________________________________ 19. COLLUSION 19.1 By offering a response to this invitation for bids, the Bidder certifies that he/she has not divulged to, discussed or compared his bid with other Bidders and has not colluded with any other Bidder or parties to this invitation for bids whatsoever. Also, Bidder certifies, as to their own organization that in connection with this invitation for bids: 19.1.1 Any prices and/or data submitted have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices and/or cost data, with any other Bidder or with any competitor; 19.1.2 Any prices and/or cost data quoted for this invitation for bids have not been knowingly disclosed by the Bidder, and will not be knowingly be disclosed by the Bidder prior to the scheduled opening directly or indirectly to any competitor; 19.1.3 No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition; 19.1.4 The only person or persons interested in this invitation for bids as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this invitation for bids, or in the contract to be entered into; and 19.1.5 No person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee except bona fide employees or established commercial agencies maintained by the Bidder for the purpose of doing business. 20. PRE-BID CONFERENCE Failure by a Bidder to attend a mandatory pre-bid conference will result in their bid being considered non-responsive. 21. BID BONDS 21.1 If specified in the contract documents a bid bond or certified cashier’s check payable to the Board of County Commissioners equal to 5% of the total bid must be enclosed with the bid. Any bonding company submitting a bid to Sarasota County Government must be licensed to transact a fidelity and surety business in the State of Florida, and hold a Certificate of Authority from the Secretary of the Treasury under Act of Congress, approved on July 30, 1947 (USC 613), and with Best and “T” ratings of B+ (Very Good) or better if Contractor’s bid is under $500,000.00 and A- (Excellent) or better, if Contractor’s bid is over $500,000.00. __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-9 SECTION 2 _____________________________________________________________________________________________ 21.1.1 Bid bonds shall contain in type or print the description of the construction in the same language as in the invitation for bids. 22. PERFORMANCE AND PAYMENT BOND Bidders are advised that, if specified in the contract documents, a performance and payment bond of 100% of the contract or work assignment amount shall be required. Any bonding company submitting a performance and payment bond to Sarasota County Government must be licensed to transact a fidelity and surety business in the State of Florida, and hold a Certificate of Authority from the Secretary of the Treasury under Act of Congress, approved on July 30, 1947 (USC 613), shall have an A.M. Best rating of: if bond is under $500,000 “B+” (very good) or better, and over $500,000 “A-” (excellent) or better, and a “T” Underwriting Limitation not exceeded by this project’s bond. 23. EXECUTION OF BONDS If the Contractor is a partnership, each bond should be signed by each of the individuals who are partners; if a corporation, the bonds should be signed in the correct corporate name by a duly authorized officer, agent or attorney-in-fact. The appropriate number of bonds should be executed to correspond to the number of signatories to the contract. Each executed bond should be accompanied by (a) appropriate acknowledgment of the respective parties; (b) appropriate duly certified copy of power-of-attorney or other certification of authority where bond is executed by agent, officer or other representative of Contractor or surety; (c) duly certified extract from by-laws or resolutions of Surety under which power-of-attorney or other certificate of authority of its agent, officer or representative was issued. 24. POWER OF ATTORNEY Attorneys-in-fact who sign bid bonds or performance and payment bonds must file with such bond a certified copy of their power-of-attorney to sign such bonds. Attorneys-infact must place name, address, and telephone number on this certificate. 25. FAILURE TO EXECUTE ORIGINAL CONTRACT Following the bid opening and review of the bid(s), the County will post a Notice of Bid Action. After posting the Notice of Bid Action, the County will forward to the Contractor contract(s) and related documents to be executed. If within 10 days the successful Bidder does not execute the contract and furnish the required Contractor’s bonds properly signed by the Contractor and the surety or sureties satisfactory to the County, along with the insurance as required in the contract documents, the Bidder may be deemed to be in default and the County may retain his bid bond. Award may then be made to the next lowest responsive and responsible Bidder or all bids may be rejected. 26. MINORITY BUSINESS ENTERPRISES Contractors awarded construction contracts who intend to subcontract material or service requirements of the project are encouraged to subcontract 5% or more of the project price to a certified minority business enterprise/firm or show good faith effort. 26.1 When funding is being provided by an outside agency (Example: Florida Department of Environmental Protection (FDEP), Community Development Block Grant (CDBG), State Revolving Funds (SRF), Florida Department of __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-10 SECTION 2 _____________________________________________________________________________________________ Transportation (FDOT) Local Agency Program (LAP), etc.) their requirements will take precedence. 27. NOTICE PROVISION Any notice or other communications concerning material changes to the contract, shall be sent via certified U.S. mail, return receipt requested, postage prepaid to the relevant address specified under “Contractor Representative” and “County’s Project Administrator” as noted in the contract documents. 28. PUBLIC RECORDS Bidder acknowledges that all information contained within its bid is a public record, as defined in Chapter 119, Florida Statutes. No information should be labeled confidential unless exempted under said laws. 29. TRAVEL EXPENSE Travel expenses will be reimbursed in accordance with Section 112.061, Florida Statues and the Sarasota County Board of County Commissioners Resolution No. 2010-211. 30. TAXES Sarasota County is exempt from federal excise and state sales taxes (Department of Revenue Certification No. 85-8012515235C-5); therefore, Bidders are prohibited from delineating a separate line item in their bid for any sales or service taxes. Nothing herein shall affect the Bidder’s normal tax liability. The County reserves the right, at the County’s sole option, to utilize the Sarasota County direct purchase order system and to issue direct purchase orders for applicable supplies and equipment to be utilized in this project. 31. EQUAL EMPLOYMENT OPPORTUNITY Sarasota County will affirmatively ensure that minority business enterprises will be afforded full opportunity to submit bids in response to this invitation for bid and will not be discriminated against on the grounds of race, color, sex, religion, disability or national origin in consideration for an award. 32. SUBCONTRACTING Construction contractors shall obtain prior written approval of subcontractors and the work they will perform. A subcontractor is defined as any entity performing work within the scope of the Contractor’s project who is not an employee or a leased employee of the Contractor. 33. FUNDING The award of any contract(s) pursuant to this invitation for bids is subject to the appropriation of funds by the Sarasota County Board of County Commissioners in an amount sufficient to allow the County’s performance under the terms and conditions of such contract(s). The County shall provide prompt written notice to Bidders in the event sufficient funds have not been so appropriated. Thirty days after the date of such notice, Bidders shall be released from all further obligations arising out of their bids. __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-11 SECTION 2 _____________________________________________________________________________________________ 34. INVOICING Unless otherwise stipulated in General Conditions 13.3, or at the Pre-Construction Meeting, all invoices must be mailed or delivered to the Sarasota County Finance Department, Post Office Box 8, Sarasota FL 34230-0008. Invoices must contain the purchase order number, required identification information, and reflect the contract prices, terms, and conditions. Invoices containing deviations or omissions will be returned to the vendor for correction and resubmission. Vendors shall not perform any service or provide products until they have been issued a purchase order number. 35. “OR EQUAL” APPROVAL PROCESS There are two time frames when “or equal” equipment/supplies/materials alternates or substitutions may be reviewed and approved by the County. The first time frame is prior to bid opening in accordance with paragraph 13, Quality Guarantee. The second time frame is during construction, upon Contractor submittal of alternates or substitutions for equipment/supplies/materials that have been initially specified by use of a brand name and followed by the term “or equal”. So as to differentiate between these two time frames, the following definitions apply to this contract: 35.1 Approved Equal reviewed and approved before bid opening under the Instruction, Terms, and Conditions, paragraph 13, Quality Guarantee, and 35.2 Or Equal: Reviewed and approved after bid opening based on the Contractor’s submittal of alternates or substitutions for equipment/supplies/materials in response to the contract specifications denoting the item by a brand name followed by the term “or equal”. 36. ADDITIONAL INSTRUCTIONS TO BIDDERS 36.1 Preparation of Bids 36.1.1 Bids must be submitted on the Bid Form included in this project manual. All blank spaces in the Bid Form must be filled in legibly and correctly in ink. The Bidder shall specify the price per unit of measure and the extended total, or the lump sum bid price if such is called for, for each scheduled item of work, as well as the total price for the entire work under the contract. 36.1.2 Bidder’s base bid and all alternates for the project shall contain and include an amount equal to an additional 5%. Said amount will be shown in the space provided on the Bid Form, and is defined as a construction contingency allowance. 36.1.3 If the bid is made by an individual, he must sign his name therein and state his post office address and the name and address of every other person interested in the bid as principal. If the bid is made by a firm or partnership, its name and post office address must be stated as well as the name and address of each member of the firm or partnership. If the bid is made by a corporation, the bid must be signed by some authorized officer or agent, subscribing the name of the corporation with his own name and affixing the corporate seal. __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-12 SECTION 2 _____________________________________________________________________________________________ 36.2 Electronic Bid Forms 36.2.1 The County may, at its discretion, provide a bid form in electronic format. If applicable for this project, the electronic file may be downloaded from eProcure. Electronic files of Addended Bid Forms will only be uploaded to eProcure. 36.2.2 Be advised that use of the bid form made available electronically is at the Bidder’s discretion. The Bidder assumes full responsibility for the integrity of the completed bid form submitted, and acknowledges that no changes or alterations to the bid form structure or content, other than the Bidder’s pricing, are allowed. Should any changes or alterations to the bid form structure or content be detected, the bid may be determined to be nonresponsive and, therefore, disqualified. 36.2.3 The County reserves the right to correct formula errors on the bid form. 37. BONDS A Bid bond and a Performance and Payment bond will be required for this project. 38. BID AWARD 38.1 The contract will be awarded to the responsive and responsible Bidder submitting the lowest Total Base Bid Price plus County selected Alternate(s) provided the bid is reasonable and in the best interest of the County to accept. The County may review the scope of work with the successful Bidder before accepting the bid. 38.2 The Bidder is required to bid all Alternate(s) and must indicate if Alternates are to be added or deducted from the Base Bid in order to be responsive. The County will choose which Alternate(s) will be accepted (if any) prior to Bid Award. 39. BID AWARD – LOCAL PREFERENCE (See Instructions, Terms, and Conditions paragraph 8) 39.1 In awarding this bid, preference shall be given to local businesses in accordance with Section 2-219 of the Sarasota County Procurement Code. If the responsive and responsible low Bidder is not a local business (hereafter non-local business Bidder), the lowest responsive and responsible local business Bidder shall have five (5) business days from the date they are deemed the responsive and responsible low Bidder by the Procurement Official, to submit an offer matching the bid submitted by the lowest responsive and responsible non-local Bidder, provided the original bid submitted by the lowest local Bidder is within 10% of the bid submitted by the lowest non-local Bidder. 39.2 Only the lowest responsive and responsible local business Bidder within 10% of the low bid shall have the opportunity to match the bid submitted by the lowest non-local Bidder. __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-13 SECTION 2 _____________________________________________________________________________________________ 39.3 If the offer submitted by the lowest responsive and responsible local business Bidder matches the bid submitted by the non-local lowest Bidder, award shall be made to the local business Bidder. If the local business Bidder fails to submit a bid that matches the bid submitted by the non-local business Bidder within five (5) business days, award shall be made to the non-local business Bidder. 40. CONTRACTOR QUALIFICATIONS 40.1 To demonstrate qualifications to perform the work, each Bidder must fill out and submit with their bid package in the Contractor’s Qualification Form, CQF1, documenting their firm’s ability to meet the Project’s experience requirements as listed below. 40.1.1 Project experience requirements are as follows: The Bidder must provide three (3) project references, acting as prime contractor, for the criteria listed below. Each project reference must have been successfully completed in the last ten (10) years preceding the bid opening. The project references may have been: 1) Self-performed with Bidder employees or, 2) Performed by a subcontractor provided the subcontractor is part of the Bidder’s team for this project and included on the List of Subcontractor (LOS 1 & 2) Form. 40.1.1.1 Site preparation and installation of a pre-engineered metal building on a new concrete foundation complete with electrical and HVAC systems to serve the structure. 40.1.2 Bidders must use the indicated form (Contractor’s Qualification Form, CQF-1). Bidders may submit three (3) Contractor’s Qualification Forms for consideration of responsiveness to the minimum qualifications. Failure to submit three (3) Contractor’s Qualification Forms at the time of the bid submittal, will result in the bid being declared non-responsive. 40.1.3 Failure to submit three (3) qualifying project references will result in the bid being declared non-responsible. Only project references submitted on the Contractor’s Qualification Forms at the time of bid submittal will be used to verify that the minimum qualifications have been met. 40.1.4 In addition, the Bidder must be prepared to submit, within five days of Sarasota County’s request, written evidence of documents, such as financial data, additional data related to previous experience, qualifications and previous experience of superintendents and assistants, and evidence of authority to conduct business in the jurisdiction where the project is located. __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-14 SECTION 2 _____________________________________________________________________________________________ 41. FDOT PRE-QUALIFICATIONS – NOT APPLICABLE Companies who have been prequalified or certified by Florida Department of Transportation (FDOT) for categories specifically identified under Rule 14-22.003(3), Florida Administrative Code, Classification of Work, shall be deemed qualified to perform the same type of work for Sarasota County for those projects, the cost of which consists predominantly of constructing and opening new roads or bridges and repair of and maintenance of existing roads and bridges. 41.1 Bidders must have obtained such prequalification or certification not later than the time of bid opening. 41.2 Such FDOT Prequalification or certification shall only apply to that portion of a project which the cost consists predominantly of constructing and opening new roads or bridges and repair of and maintenance of existing roads and bridges. 42. DESIGNATION OF CONTRACTOR AS OPERATOR 42.1 It shall be the responsibility of the Contractor to complete, sign and submit with appropriate fee amount to the FDEP, Form 62-621.300(4)(b) Notice of Intent (NOI) to Use Generic Permit For Storm Water Discharge From Large and Small Construction Activities (Rule 62-621.300(4), FAC). 42.2 Proof of acceptance by the FDEP, including the assigned authorization number and a copy of the Contractor’s Storm Water Pollution Prevention Plan for the project shall be submitted to the County prior to commencement of construction activities. 42.3 The Contractor shall be considered the operator for duration of the project. 43. ORDER OF PRECEDENCE In the event the requirements, stipulations, provisions, and guidance contained herein conflict with Sarasota County’s Instructions, Terms and Conditions, Supplemental General Conditions, or any other section of the contract documents, the more stringent requirement, stipulation, provision, or guidance shall apply. __________________________________________________________________________________ 13 Jun 12 eProcure Revision INSTRUCTIONS, TERMS, AND CONDITIONS PAGE ITC-15 This page left intentionally blank SECTION 3 BID FORM GUN RANGE EXPANSION, KNIGHTS TRAIL BID #122126CS Board of County Commissioners, Sarasota County, Sarasota Florida, submitted: ___________ (Date) Commissioners: The undersigned, as Bidder, hereby declares that the only person or persons interested in this Bid as principal or principals is or are named herein and that no person other than herein mentioned has any interest in this Bid or in the Contract to be entered into, that this Bid is made without connection with any other person, company or Parties making a Bid, and that this Bid is in all respects fair and made in good faith without collusion or fraud. The Bidder further declares that they have examined the site(s) of the work, understands all conditions pertaining to the place where the work is to be done, has examined the plans for the work and other Contract documents relative thereto and has read all of the addenda furnished prior to the opening of Bids, as acknowledged below, and that they have satisfied themselves relative to the work to be performed. The Bidder agrees, if this Bid is accepted, to contract with the Board of County Commissioners, Sarasota County to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to construct the work covered by the Bid and other Contract documents. The Bidder agrees to accept the prices listed in the bid form as full compensation. The Bidder understands that the quantities shown on the Bid Form are approximate only and subject to increase or decrease. Should they be increased or decreased, he will perform the work at the unit price Bid herein. Actual quantities will be determined upon completion of the work. The Bidder agrees to commence work as set forth in the General Conditions attached hereto and to complete the work to Substantial Completion within 120 calendar days, and an additional 30 calendar days to Final Acceptance, from the date on which contract time commences. If the Contractor fails to complete the work to Substantial Completion within the specified time, the Contractor agrees to pay the Owner ONE HUNDRED THIRTY DOLLARS ($130.00) per day as liquidated damages as stipulated in the General Conditions attached hereto. If the Contractor fails to complete the work to Final Acceptance within the specified time, the Contractor agrees to pay the Owner THIRTY-TWO DOLLARS AND FIFTY CENTS ($32.50) per day as liquidated damages as stipulated in the General Conditions attached hereto. 14 Aug 12 eProcure Revision BID FORM Bid #122126CS PAGE BF-1 SECTION 3 BID FORM GUN RANGE EXPANSION, KNIGHTS TRAIL BID #122126CS The Bidder hereby acknowledges receipt of the following addendum or addenda for these specifications. (If none, write "NONE"). ADDENDUM NO. ADDENDUM NO. ADDENDUM NO. ADDENDUM NO. ADDENDUM NO. ADDENDUM NO. RECEIVED: RECEIVED: RECEIVED: RECEIVED: RECEIVED: RECEIVED: REQUIRED FORMS: If checked, the following forms must be completed and submitted with the Bid Form. Failure to submit any of the checked forms with your bid, will cause the bid to be declared non-responsive: Bid Form (BF-1 to BF-2 & BF-6) Price Schedule (BF-3 through BF-5) Bid Bond (BB-1 through BB-2) Contractor’s Qualification Form (CQF-1) List of Subcontractors (LOS -1 to LOS-2) Sworn Statement, The Florida Trench Safety Act (TS-1- TS-2); if applicable REQUESTED FORMS – NOT REQUIRED: Failure to include these forms with your bid However, these forms may be required from forms checked below upon request will result If checked, the following forms are requested, but not required. submittal will not result in the bid being declared non-responsive. the low bidder during the bid review process. Failure to submit the in your bid being declared non-responsive: Status of Contracts on hand (SCH-1) Copy of Contractor’s State and County Licenses REQUIRED eProcure Vendor Profile Forms: If checked, the following forms must be completed and uploaded to your vendor profile on eProcure prior to bid submission. It is the vendor’s responsibility to update these forms annually. Failure to submit any of the checked forms prior to the bid deadline, will cause the bid to be declared non-responsive. To upload a document to your vendor profile in eProcure, refer to Section 4 of the eProcure Vendor Registration Guide. All forms are available at https://eprocure.scgov.net under “Resources”. Drug-Free Workplace Program Certification: Bidders that have implemented a drug-free workplace program pursuant to Section 287.087, Florida Statutes should submit a Drug-Free Workplace Program Certification form as part of their eProcure vendor profile annually prior to the bid submittal due date and time; if applicable. Lobby Affidavit: All bidders must submit a notarized No Lobby Affidavit as part of their eProcure vendor profile prior to the submittal due date and time. Immigration Status Affidavit: All bidders must submit a notarized Immigration Status Affidavit as part of their eProcure vendor profile prior to the submittal due date and time. Local Business Affidavit: Bidders wishing to be considered for local preference must submit a Local Business Affidavit as part of their eProcure vendor profile annually prior to the bid submittal due date and time; if applicable. 14 Aug 12 eProcure Revision BID FORM Bid #122126CS PAGE BF-2 PRICE SCHEDULE SECTION 03 GUN RANGE EXPANSION, KNIGHTS TRAIL, BID #122126CS Base Bid Description Item No. 1 Price Construction of a 2,400 square foot pre-engineering metal building to inlcude all site, foundation, electrical, and HVAC $ SUBTOTAL BASE BID PRICE $ Construction Contingency Allowance (5% of Subtotal Bid Price as per ITC Contingency 36.1.2) Plus TOTAL BASE BID PRICE (Subtotal Bid price plus 5 % as per ITC Contingency 36.1.2) $ $ TOTAL BASE BID PRICE written in words: Alternate No. 1* Item No. 1 Description Price Spray foam insulation in lieu of rigid insulation $ SUBTOTAL ALTERNATE 1 BID PRICE Plus $ Construction Contingency Allowance (5% of Subtotal Bid Price as per ITC Contingency 36.1.2) $ TOTAL ALTERNATE 1 BID PRICE (Subtotal Bid price plus 5 % as per ITC $ Contingency 36.1.2) * Indicate if Alternate is to be Added □ or Deducted □ from Base Bid TOTAL ALTERNATE 1 BID PRICE written in words: BID#122126CS BF3 This page left intentionally blank PRICE SCHEDULE SECTION 03 GUN RANGE EXPANSION, KNIGHTS TRAIL, BID #122126CS Alternate No. 2* Item No. 1 Description Price Elimination of the HVAC system $ SUBTOTAL ALTERNATE 2 BID PRICE $ Construction Contingency Allowance (5% of Subtotal Bid Price as per ITC Contingency 36.1.2) $ TOTAL ALTERNATE 2 BID PRICE (Subtotal Bid price plus 5 % as per ITC Contingency 36.1.2) $ Plus * Indicate if Alternate is to be Added □ or Deducted □ from Base Bid TOTAL ALTERNATE 2 BID PRICE written in words: BID#122126CS BF4 This page left intentionally blank PRICE SCHEDULE SECTION 03 GUN RANGE EXPANSION, KNIGHTS TRAIL, BID #122126CS SUMMARY TOTAL TOTAL BASE BID PRICE $ TOTAL ALTERNATE 1 BID PRICE (Indicate if it is an Add or Deduct) $ TOTAL ALTERNATE 2 BID PRICE (Indicate if it is an Add or Deduct) $ TOTAL BASE BID PRICE PLUS THE SUM (OR DEDUCTION) OF ALTERNATES 1 and 2 $ TOTAL BASE BID PRICE PLUS THE SUM (OR DEDUCTION) OF ALTERNATES written in words: BID#122126CS BF5 This page left intentionally blank SECTION 3 BID FORM GUN RANGE EXPANSION, KNIGHTS TRAIL BID #122126CS THIS BID MADE BY AND ON BEHALF OF: Company: Company FEI Number: Address: County: (SEAL) Phone #: Fax #: E-Mail BY: Authorized Signature PRINT: TITLE: _______________________________________________________________________________ Bid #122126CS 25 Aug 09 Revision BID FORM PAGE BF-6 This page left intentionally blank SECTION 4 ______________________________________________________________________________ SWORN STATEMENT: THE FLORIDA TRENCH SAFETY ACT This form must be signed in the presence of a Notary Public by an officer authorized to administer oaths. 1. 2. This Sworn Statement is submitted with for the construction of . This Sworn Statement is submitted by whose business address is and, if applicable, its Federal Employer Identification Number (FEIN) is . (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement 3. My name is .) (printed or typed name of individual signing) and my relationship to the above entity is 4. . The Trench Safety Standards that will be in effect during the construction of this project are Florida Statutes Sections 553.60-55.64, Trench Safety Act, and OSHA Rules and Regulations, 29CFR1926.650, Subpart P. 5. The undersigned assures that the entity will comply with applicable Trench Safety Standards and agrees to indemnify and hold harmless the County and Engineer, and any of their agents or employees from any claims arising from the failure to comply with said standards. 6. The undersigned has appropriated $ per linear foot of trench to be excavated over five-feet deep for compliance with the applicable standards. It is intended to comply with these standards by instituting the following procedures: 7. The undersigned has appropriated $ * per square foot for compliance with shoring safety requirements and intends to comply by instituting the following procedures: * If shoring is not shown on plans and none is anticipated to be required by the Contractor, enter “n/a” (not applicable). If no separate bid item for shoring is included on the bid form, the cost of any shoring which may be required shall be included in the amount bid for the item requiring such trenching. 8. The undersigned, in submitting this bid, represents that he has reviewed and considered all available geotechnical information and made such other investigations and tests as he may deem necessary to adequately design the trench safety system(s) he will utilize on this project. _____________________________________________________________________________________________________________________ 4 Jun 08 Revision FLORIDA TRENCH SAFETY ACT PAGE TS-1 SECTION 4 ______________________________________________________________________________ Authorized Signature/Title date Sworn to and subscribed before me (Notary Seal) date Notary Public Signature My Commission expires: _____________________________________________________________________________________________________________________ 4 Jun 08 Revision FLORIDA TRENCH SAFETY ACT PAGE TS-2 SECTION 04 STATUS OF CONTRACTS ON-HAND REPORT List the construction contracts with a value of $50,000 or more that your organization has underway on this date. PROJECT NAME 2 Jul 08 Revision General or Sub (If sub, what type of work?) Date of Contract Amount of Contract Percent Complete Design Engineer and Address Owner Name and Address Bid #122126CS PAGE SCH-1 This page left intentionally blank SECTION 4 CONTRACTOR’S QUALIFICATION FORM ________________________________________________________________________________________________________________________________________________________________________ Project Name Project, Contract, or Bid Number Contract Start Date Contract End Date Owner Name Contact Name Address City Phone Number Fax Number E-Mail Address Project Manager Name Criteria# 40.1.1 Superintendent Name Specific Experience for Project: (Refer to Section 40, Instructions, Terms and Conditions) Project references satisfying criteria 40.1.1.1 must have been: 1) Self-performed with Bidder employees or, 2) Performed by subcontractor provided the subcontractor is part of the Bidder’s team for this project and included on the List of Subcontractor (LOS 1 & 2) form. a) Was this project completed in the last ten (10) years preceding the bid opening? 40.1.1.1 Zip State Did this project include site preparation and installation of a preengineered metal building on a new concrete foundation complete with electrical and HVAC systems to serve the structure? PROVIDE SUBCONTRACTOR INFORMATION BELOW: 2 Subcontractor Company Name:_____________________________________ YES NO 1 Please specify the month and year completed:____/____ YES NO N/A SELF PERFORMED BY BIDDER SUBCONTRACTOR PERFORMED (UNDER CONTRACT TO BIDDER AS PRIME CONTRACTOR) Contact Name & Title:______________________________________ ______ Telephone Number:______________________________________________ List project references in accordance with the Instructions, Terms, and Conditions, Section 40. Failure to fill out and submit three (3) Contractor’s Qualification Forms will result in the bid being declared non-responsive. Contractor is to reproduce the form as necessary to meet specified number of projects. 1 2 Answering “no” will deem the Bidder non-responsible If this Criterion was performed by a subcontractor, the subcontractor must become part of the Bidders team and listed on the List of Subcontractors Form (LOS-1 & 2) Bid #122126CS CONTRACTOR’S QUALIFICATION FORM CQF Page 1 of 1 This page left intentionally blank SECTION 4 LIST OF SUBCONTRACTORS ________________________________________________________________________________________________________________________________________________________________________ This list is an integral part of the bid. List applicable subcontractors with whom you shall contract on this project as required by the bidding documents. Work to be Done Firm Name City State Phone Sitework Concrete Surveyor Sod Soils Testing Dewatering Electrical HVAC Other ________________________________________________________________________________________________________________________________________________________________________ 7 Apr 10 Revision Bid #122126CS LIST OF SUBCONTRACTORS LOS-1 LIST OF SUBCONTRACTORS SECTION 4 ________________________________________________________________________________________________________________________________________________________________________ bidder’s name address authorized representative printed name ALL SPACES MUST BE COMPLETED FOR ALL APPLICABLE SUBCONTRACTORS. DO NOT LEAVE ANY BLANKS. NOTE: The bidder shall not remove or replace subcontractors listed above, except upon good cause shown and with written approval by the County. Bidder hereby acknowledges that all subcontractors are properly licensed to perform the work required. ________________________________________________________________________________________________________________________________________________________________________ 7 Apr 10 Revision Bid #122126CS LIST OF SUBCONTRACTORS LOS-2 SECTION 4 ____________________________________________________________________________ STORED MATERIALS AFFIDAVIT STATE OF FLORIDA, COUNTY OF SARASOTA Before me, the undersigned authority, personally appeared duly sworn, says that he is a subcontractor for FL, General Contractor for that all materials billed on the attached invoice are being held in the subcontractor’s warehouse at FL, for this project, and are fully insured against loss or damage. , who being of Sarasota project, and (Subcontractor Firm Name) By: (Name of Representative) (Title of Representative) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 20__ Notary Public: My commission expires: FOR General Contractor for this project, states that the stored materials constitute a part of the performance, payment, and guarantee bond, and are for this project only. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 20__ Notary Public: My commission expires: ___________________________________________________________________________________________________________________ 26 Mar 12 Revision STORED MATERIALS AFFIDAVIT PAGE SMA-1 This page left intentionally blank SECTION 5 ______________________________________________________________________________ BID BOND State of Florida, County of Sarasota Know all men by these presents that we, as Principal, and _________________________________________________, as Surety, a Corporation chartered and existing under the laws of the State of _____________, with its principal offices in the City of _______________, and authorized to do business in the State of Florida are held and firmly bound unto the sponsor in the full and just sum of 5% of the Total Bid Price, in good and lawful money of the United States of America, to be paid upon demand by sponsor, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, and assigns, joint and severally and firmly by these presents. The condition of this obligation is such, that whereas the Principal has submitted the , for Gun Range Expansion, Knights Trail, Bid#122126CS. attached Bid, dated Now, therefore, if the Principal shall withdraw said Bid prior to the date of opening the same, or shall within 10 days after the prescribed forms are presented to him for signature enter into a written Contract with Sarasota County Florida in accordance with the Bid as accepted and give a Performance and Payment Bond with good and sufficient surety or sureties as may be required for the faithful performance and proper fulfillment of such Contract and for the prompt payment of all persons furnishing labor or materials in connection therewith or, in the event of failure to enter into such Contract and give such bond within the time specified, if the principal shall pay the County the difference between the amount specified in said Bid and the amount for which the County may procure the required work and/or supplies provided the latter amount to be in excess of the amount specified in said Bid, then the above obligations shall be void; otherwise, to remain in full force and effect. In witness whereof, the above written parties have executed this instrument under their , the name and corporate seal of each corporate party being several seals dated hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. _____________________________________________________________________________________________________________________ 28 May 08 Revision BID BOND PAGE BB-1 SECTION 5 ______________________________________________________________________________ (Sign here if the Contractor is an Individual) (SEAL) IN THE PRESENCE OF: Individual Principal Address Business Address (Sign here if the Contractor is a Partnership) (SEAL) Firm Name IN THE PRESENCE OF: General Partner Address Business Address (Sign here if the Contractor is a Corporation) Corporation Principal ATTEST: BY: As President (AFFIX CORPORATE SEAL) Business Address Corporate Surety BY: As Authorized Agent (AFFIX CORPORATE SEAL) Business Address State of Florida, County of Sarasota _____________________________________________________________________________________________________________________ 28 May 08 Revision BID BOND PAGE BB-2 SECTION 5 SARASOTA COUNTY GOVERNMENT PERFORMANCE AND PAYMENT BOND In compliance with F.S. Chapter 255.05(1)(a) ____________________________________________________________________________ BOND NO.: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO.: SURETY COMPANY: SURETY AGENT: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO.: BOND AMOUNT: CONTRACT NO.: (if applicable) DESCRIPTION OF WORK: PROJECT ADDRESS: LEGAL DESCRIPTION: Sarasota County Board of County Commissioners 1660 Ringling Boulevard Sarasota FL 34236 941-861-5000 Construction of a 2,400 Sq. ft. pre-engineered metal building to include all site, foundation, electrical and HVAC work. Knight’s Trail Park 3445 Rustic Road, Nokomis, Fl 34275 The N ½ of SEC 21-38-19, Less the Ely 30 FT Less the Sly 30 FT Thereof, also less parcel Desc in OR 3099/579, Containing 320 C-AC M/L ORI 2000116737 By this bond, we, _____________________________________, as Principal and ________________________________, a corporation, as Surety, are bound to Sarasota County Board of County Commissioners, herein called Owner, in the sum of $_________________________________, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. ___________________________________________________________________________________________________________________ 15 July 09 Revision PERFORMANCE AND PAYMENT BOND PAGE PB-1 SECTION 5 SARASOTA COUNTY GOVERNMENT PERFORMANCE AND PAYMENT BOND In compliance with F.S. Chapter 255.05(1)(a) ____________________________________________________________________________ The conditions of this bond is that if Principal: 1. Performs the Contract dated , between principal and Owner for construction of Gun Range Expansion, Knights Trail, Bid#122126CS, the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05 (1) Florida Statutes, supplying principal with labor, materials, or supplies, used directly or indirectly by principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by principal under the contract work; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect surety’s obligation under this bond. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. ___________________________________________________________________________________________________________________ 15 July 09 Revision PERFORMANCE AND PAYMENT BOND PAGE PB-2 SECTION 5 SARASOTA COUNTY GOVERNMENT PERFORMANCE AND PAYMENT BOND In compliance with F.S. Chapter 255.05(1)(a) ____________________________________________________________________________ In witness whereof, the said Principal and Surety have signed and sealed this instrument this (date) ____________________________________ Principal By: ________________________________ As President (SEAL) ___________________________________ Surety By: ________________________________ Approved as to form and execution: By: ____________________________________________ Attorney to Board of County Commissioners of Sarasota County, Florida Any Claims under this bond may be addressed to (name and address of Surety): ___________________________________________ ___________________________________________ ___________________________________________ Telephone No: ___________________________________________ Name and address of agent or representative in Florida if different from above: _________________________________________ ___________________________________________ ___________________________________________ Telephone No: ___________________________________ ___________________________________________________________________________________________________________________ 15 July 09 Revision PERFORMANCE AND PAYMENT BOND PAGE PB-3 This page left intentionally blank CONTRACT NO. ______________ BCC APPROVED ______________ CONSTRUCTION CONTRACT Contract for Gun Range Expansion, Knights Trail, Bid #122126CS, This Contract made and entered into this day , by and between ,a corporation hereinafter called the ‘Contractor’ and Sarasota County, a political subdivision of the State of Florida, hereinafter called the ‘County’. WITNESSETH: I. Construction Materials, Services, and Labor: That for and in consideration of the mutual promises and covenants hereinafter contained, together with the money consideration hereinafter recited, the Contractor shall furnish all the labor, services and materials for the construction of Gun Range Expansion, Knights Trail, Bid #122126CS. All work and labor shall be done in accordance with the plans and specifications on file with the Sarasota County Engineer, as listed in Article III, receipt of which is hereby acknowledged and which plans and specifications are made a part of the contract, the same as though they were set forth at length herein and by reference hereto made a part hereof. II. Contract Price: In consideration of the work, labor, services and materials to be furnished by the Contractor, in accordance with said plans and specifications, the County agrees to pay to the Contractor, upon the completion and acceptance thereof by the County, or its duly authorized agent, the total contract price of $________________. __________________________________________________________________ (Contract price in words) The contract price includes a 5% contingency amount for unanticipated work within the scope of the project and may only be authorized at the discretion of the County’s Administrative Agent. III. Contract Documents: The contract documents, which comprise the entire contract between County and Contractor and which are made a part hereof by this reference, consist of the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Public Bid Disclosure Act Form Invitation for Bids Instructions, Terms, and Conditions Bid Form Sworn Statement: Florida Trench Safety Act Status of Contracts On Hand Contractor's Qualification form List of Subcontractors Stored Materials Affidavit Performance and Payment Bond, and Power of Attorney Contract Minority Business Enterprise Project Plan Release of Lien 1221260100 Bid # 122126CS CONSTRUCTION CONTRACT PAGE C-1 SECTION 6 ______________________________________________________________________________ 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. General Conditions Supplemental General Conditions Special Conditions Technical Specifications Permits – SWFWMD Exemption Approval Project drawings, 27 sheets, dated May, 2012, prepared by Wilson Miller Inc. All addenda issued before the bid opening date All modifications and change orders issued The Notice to Proceed issued by Public Works Project Purchase Orders IV. Performance and Payment Bond: The Contractor shall furnish to the County, prior to the commencement of operations hereunder, a Performance and Payment Bond executed by the Contractor, and a surety company authorized to do business in the State of Florida, in an amount no less than the contract price herein, which bond shall be conditioned upon the successful completion of all work, labor, services, and materials to be provided and furnished hereunder, and the payment of all subcontractors, materialmen, and laborers. The County will only accept a Performance and Payment Bond with an A.M. Best rating of ‘A-’ (Excellent) or better for Bids requiring bonds of $500,000 or greater, or ‘B+’ (Very Good) or better for Bids requiring a bond of less than $500,000. Said bond shall be subject to the approval of the Board of County Commissioners of Sarasota County, Florida. V. Insurance: Before performing any contract work, Contractor shall procure and maintain, during the life of the contract, unless otherwise specified, insurance listed below. The policies of insurance shall be primary and written on forms acceptable to the County and placed with insurance carriers approved and licensed by the Insurance Department in the State of Florida and meet a minimum financial AM Best Company rating of no less than “A- Excellent: FSC VII.” No changes are to be made to these specifications without prior written specific approval by County Risk Management. 1. WORKERS’ COMPENSATION: CONTRACTOR will provide Workers’ Compensation insurance on behalf of all employees who are to provide a service under this contract, as required by the laws of the state where the contractor is domiciled. Florida Contractors must provide evidence of Workers’ Compensation insurance which meets the requirements of Florida Statutes, Chapter 440, AND Employer’s Liability with limits of not less than $100,000 per employee per accident, $500,000 disease aggregate, and $100,000 per employee per disease. If applicable, coverage for the Jones Act and Longshore Harbor Workers Exposures must also be included. **NOTE** Contractors who are exempt from Florida’s Workers’ Compensation law must provide proof of such exemption issued by the Florida Department of Financial Services, Bureau of Workers’ Compensation and qualify for the County waiver. In the event the Contractor has “leased” employees, the Contractor or the employee leasing company must provide evidence of a Workers’ Compensation policy for all personnel on the worksite. All documentation must be provided to Sarasota County Risk Management, 1660 Ringling Blvd., 4th Floor, Sarasota, FL 34236. 2. COMMERCIAL GENERAL LIABILITY: Including but not limited to bodily injury, property damage, contractual, products and completed operations, _____________________________________________________________________________________________________________________ 1221260100 Bid #122126CS CONSTRUCTION CONTRACT PAGE C-2 SECTION 6 ______________________________________________________________________________ watercraft, if under twenty-six (26) feet and Ocean Marine if over, and personal injury with limits of not less than $1,000,000 each occurrence, covering all work performed under this contract. 3. BUSINESS AUTOMOBILE LIABILITY: Contractor agrees to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 each accident covering all work performed under this contract. Contractor further agrees coverage shall include liability for Owned, NonOwned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. If private passenger automobiles are used in the business, they must be commercially insured. If the Contractor is shipping a product via common carrier, the contractor shall be responsible for any loss or damage sustained in delivery/transit. 4. UMBRELLA LIABILITY: With limits of not less than $2,000,000 each occurrence covering all work performed under this contract. 5. HAZARDOUS MATERIALS INSURANCE: For the purpose of this section, the term “hazardous materials” includes all materials and substances that are now designated or defined as hazardous by Florida or Federal law or by the rules or regulations of Florida or any Federal Agency. If work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure. However, if hazardous materials are identified while carrying out this contract, no further work is to be performed in the area of the hazardous material until County Risk Management has been consulted as to the potential need to procure and maintain any or all of the following coverage through an addendum to the contract: a. b. Contractors POLLUTION LIABILITY – For sudden and gradual occurrences and in an amount no less than $1,000,000 per claim and $1,000,000 in the aggregate arising out of work performed under this contract, including but not limited to, all hazardous materials identified under the contract. ASBESTOS LIABILITY – For sudden and gradual occurrences and in an amount no less than $1,000,000 per claim and $1,000,000 in the aggregate arising out of work performed under this contract. c. DISPOSAL – When applicable, the Contractor shall designate the disposal site and furnish a Certificate of Insurance from the disposal facility for Environmental Impairment Liability Insurance, covering liability for sudden and accidental occurrences in an amount not less than $3,000,000 per claim and $3,000,000 in the aggregate and shall include liability for non-sudden occurrences in an amount not less than $6,000,000 per claim and $6,000,000 in the aggregate. d. HAZARDOUS WASTE TRANSPORTATION – When applicable, the Contractor shall designate the hauler and furnish a Certificate of _____________________________________________________________________________________________________________________ 1221260100 Bid #122126CS CONSTRUCTION CONTRACT PAGE C-3 SECTION 6 ______________________________________________________________________________ Insurance from the hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising out of the transportation of hazardous materials with an amount not less than $1,000,000 annual aggregate and provide a valid EPA identification number. *****Note: CERTIFICATES OF INSURANCE shall clearly state the hazardous material exposure work being performed under the contract.***** 6. BUILDERS’ RISK – PROPERTY COVERAGE: When applicable (none required on projects below $25,000), a special form coverage shall include, but not be limited to: a. Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project b. Theft coverage c. Waiver of Occupancy Clause endorsement, which will enable the County to occupy the facility under construction/renovation during such activity d. Limits of insurance to equal 100% of the insurable completed contract amount of such addition(s), building(s) or structure(s), on an agreed amount/replacement cost basis, and e. Maximum deductible clause of $10,000 each claim POLICY FORM 1. Unless specific approval is given, all policies required by this contract with the exception of Professional Liability and Workers’ Compensation are to be written on an occurrence basis. Commercial General Liability policies shall name Sarasota County Government as additional insured as their interest may appear under this contract. 2. Insurance requirements itemized in this contract and required of the Contractor shall be provided on behalf of all sub-contractors to cover their operations performed under this contract. The Contractor shall be held responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to sub-contractors. 3. Each insurance policy required by this contract shall: 4. a. Apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of the insurer’s liability b. Not be suspended, voided or canceled by either party except after thirty (30) calendar days prior written notice by certified mail, return receipt requested, has been given to County Risk Management. The County shall retain the right to review, at any time, coverage, form, and amount of insurance. _____________________________________________________________________________________________________________________ 1221260100 Bid #122126CS CONSTRUCTION CONTRACT PAGE C-4 SECTION 6 ______________________________________________________________________________ 5. The procuring of required policies of insurance shall not be construed to limit Contractor’s liability nor to fulfill the indemnification provisions and requirements of this contract. 6. The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this contract and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject. 7. Claims Made Policies will be accepted for Professional Liability, Workers’ Compensation and Hazardous Materials, and such other risks as are authorized by County Risk Management. All Claims Made Policies contributing to the satisfaction of the insurance requirements herein shall have an extended reporting period option or automatic coverage of not less than two years. If provided as an option, the Contractor agrees to purchase the extended reporting period on cancellation or termination unless a new policy is effected with a retroactive date, including at least the last policy year. 8. Certificates of Insurance evidencing Claims Made or Occurrence Form Coverage and conditions to this Contract are to be furnished to Sarasota County Risk Management (1660 Ringling Boulevard, 4th Floor, Sarasota, FL 34236) prior to commencement of work AND a minimum of thirty (30) calendar days prior to expiration of the insurance contract, when applicable. All insurance certificates shall be received by County Risk Management before the Contractor will be allowed to commence or continue work. 9. Notices of Accidents (occurrences) and Notices of Claims associated with work being performed under this Contract, shall be provided to the Contractor’s/sub-Contractor’s/Consultant’s insurance company and County Risk Management as soon as practicable after notice to the insured. 10. The Certificate of Insurance must include the following: a. In the “Description of Operations/Special Provisions” section: • Sarasota County Government is named as an additional insured, as their interests may appear on Commercial General Liability. • Note: ACORD 2009 edition can use “X” for General Liability Additional Insured inclusion. b. In the “Certificate Holder” section: Sarasota County Government Attn: Risk Management 1660 Ringling Blvd., 4th floor Sarasota, FL 34236 VI. Contractor’s Affidavit: When all work contemplated by the contract has been completed, inspected, and approved by the County or its duly authorized agent, the Contractor shall furnish to the County the Contractor’s affidavit as required by the Construction Lien Law, Florida Statutes Chapter 713. Signed Release of Lien may also be required by the County at its option. VII. Payment: Upon certification and approval by the County or its duly authorized agent, monthly payments may be made to the Contractor upon his application for all services or work completed or materials furnished in accordance with the contract. _____________________________________________________________________________________________________________________ 1221260100 Bid #122126CS CONSTRUCTION CONTRACT PAGE C-5 SECTION 6 ______________________________________________________________________________ All pay requests must be submitted on diskette, with a hard copy attached, and in a form satisfactory to the Clerk of Court who initiates disbursements. Prior to substantial completion, monthly payments shall be made on the value of materials furnished or services and work completed up to the time of said application, less an amount retained as shown on the retainage table General Conditions 13.5 Retainage. Retainage may be reduced upon issuance of the Certificate of Substantial Completion by the County if, in the sole opinion of the County, sufficient progress on the schedule has been accomplished, all Notices of Lien have been resolved, and the County has retained adequate retainage for the final completion of the Project and all estimated liquidated damages. The County shall inform the Contractor’s Surety of any reduction in retainage. Contractors must update each new pay request in accordance with any changes made to the previous submittal. Final payment shall be made after approval by the County or its duly authorized agent of all work, materials or services required under this Contract. 1. Monthly pay requests shall be submitted each month on the anniversary date of the Notice to Proceed. 2. Monthly pay requests for less than $200 are not acceptable and will not be processed, except for a final pay request. VIII. Time for Performance: Time is of the essence in the performance of this Contract. The Contractor specifically agrees that contract time will begin on the date both the Project Purchase Order and the Notice to Proceed have been issued. Contractor also agrees no work will begin prior to such date. All work to be performed under the provisions of this Contract shall be completed to Substantial Completion in not more than ONE HUNDRED TWENTY (120) calendar days and an additional THIRTY (30) calendar days to Final Acceptance, subject only to delays caused through no fault of the Contractor or acts of God. IX. Liability of the Contractor: Pursuant to F.S.S. 725.06(2), the Contractor shall indemnify and hold harmless Sarasota County Government from liabilities, damages, losses, and costs, including but not limited to attorney’s reasonable fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor and persons employed or utilized by the Contractor in the performance of the contract. This Section of the Contract will survive the completion or termination of the Contract. X. Changes: No changes to this Contract or the performance contemplated hereunder shall be made unless the same are in writing and signed by the Parties hereto. In the event of any disagreement as to the provisions of this Contract with the plans and specifications that are made a part hereof by reference, the contract shall control. XI. Liquidated Damages: The Parties to this Contract agree that time is of the essence in the work provided for herein and that a precise determination of actual damages which would be incurred by the County for delay in the completion of the work provided for herein, aside from the additional cost of inspection and supervision, would be difficult to ascertain. Accordingly, the Parties to the contract agree that the liquidated damages for those items of damage not otherwise provided for by this Contract, for each and every day that the time consumed in completing the work provided for in these construction documents exceeds the time(s) allowed therefore, shall be the amount(s) stated below per day, including Saturdays, _____________________________________________________________________________________________________________________ 1221260100 Bid #122126CS CONSTRUCTION CONTRACT PAGE C-6 SECTION 6 ______________________________________________________________________________ Sundays, and legal holidays. The Parties specifically agree that the liquidated damages provided for herein do not constitute a penalty. Furthermore, since the additional cost of inspection and supervision arising from a delay is not difficult to ascertain, it is agreed that the Contractor shall pay, in addition to the liquidated damages provided for herein, all expenses for inspection and supervision occasioned by the failure of the Contractor to complete the work within the time(s) fixed for completion herein The amount(s) of liquidated damages together with the additional costs for inspection and supervision occasioned by the Contractor’s delay will be deducted and retained out of the monies payable to the Contractor. If not so deducted, the Contractor and sureties for the Contractor shall be liable therefore. The amount of liquidated damages to be assessed for each calendar day that Substantial Completion is delayed beyond the required date of Substantial Completion shall be ONE HUNDRED THIRTY DOLLARS ($130.00) per day. The amount of liquidated damages to be assessed for each calendar day that Final Acceptance is delayed beyond the required date of Final Acceptance shall be THIRTY-TWO DOLLARS AND FIFTY CENTS ($32.50) per day. XII. Contractor’s Representations: Contractor makes the following representations: 1. Contractor has familiarized himself with the nature and extent of the contract documents, work, locality, all local conditions, and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of work. 2. Contractor declares that he has visited and examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done, that he has examined the plans for the work and other contract documents relative thereto and has read all the addenda furnished prior to the opening of bids, and that he has satisfied himself relative to the work to be performed. 3. Contractor has investigated and is fully informed of the construction and labor conditions, of obstructions to be encountered, of the character, quality, and quantities of work to be performed, materials to be furnished, and requirements of the plans and other contract documents. 4. Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the work, and no additional examinations, investigations, tests, reports, or similar data are or will be required by the Contractor for such purposes. 5. Contractor has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the contract documents and the written resolution thereof by Engineer is acceptable to the Contractor. 6. Contractor declares that submission of a bid for the work constitutes an incontrovertible representation that the Contractor has complied with every requirement of this Section, and that contract documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of work. 7. Equal Opportunity: The Contractor assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age or sex, in any activity under this Contract. _____________________________________________________________________________________________________________________ 1221260100 Bid #122126CS CONSTRUCTION CONTRACT PAGE C-7 SECTION 6 ______________________________________________________________________________ 8. Public Entity Crimes: In accordance with Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. XIII. Entire Contract: These contract documents constitute the entire understanding and contract between the parties and supersede any and all written or oral representations, statements, negotiations, or contracts previously existing between the parties with respect to the subject matters of this Contract. The Contractor recognizes that any representations, statements, or negotiations made by County staff do not suffice to legally bind the County in a contractual relationship unless they have been reduced to writing and signed by an authorized County representative. This Contract shall inure to the benefit of and be binding upon the Parties, their respective assigns, and successors in interest. Any notice or other communications concerning material Notice Provision: changes to the contract shall be sent via certified U.S. mail, return receipt requested, postage prepaid to the relevant address listed below. XIV. Contract clarifications or questions regarding the interpretation of plans and/or specifications not involving: (a) any contract claim and/or dispute, (b) questions of time not involving extension, delay, or reduction of time, (c) monetary or compensatory issues, (d) fully executed IFCAs (Interim Field Change Agreement) and/or (e) material changes to the contract, shall be sufficiently given if delivered personally or sent via U.S. mail, postage prepaid, addressed as follows. Contractor Representative: print or type information County’s Administrative Agent: Name Name John C. Chapman Title Title Public Works Construction Manager Address Address 1001 Sarasota Boulevard Center Sarasota FL 34240 Telephone Telephone 941-861-0570 Fax Fax 941-861-0589 e-mail e-mail [email protected] _____________________________________________________________________________________________________________________ 1221260100 Bid #122126CS CONSTRUCTION CONTRACT PAGE C-8 SECTION 6 ______________________________________________________________________________ XV. Waivers: Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Contract by the Parties, their successors or assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this Contract. XVI. Modifications: This Contract may be modified only by instrument in writing and signed by the Parties hereto as aforesaid. XVII. Counterparts: This Contract may be executed in any number of counterparts, any one of which may be taken as an original. XVIII.No Third Party Rights: The parties hereto do not intend nor shall this Contract be construed to grant any rights, privileges or interest to any third party. XIX. Remedies: The parties hereto agree that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. XX. Contractor, its employees and agents including all Access To Records: subcontractors, shall allow access to its records during normal business hours to the County, its employees, and agents. XXI. Severability: If any provision of this Contract is found by a court of competent jurisdiction to be in conflict with an applicable statute or ordinance, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, but shall not invalidate any other provision of this Contract. XXII. Jurisdiction and Venue: Jurisdiction and venue for purposes of any legal action founded upon this Contract shall be in Sarasota County, Florida. This Contract shall be governed by the laws of the State of Florida. There will be no arbitration on claims allegedly arising under this Contract between the County and the Contractor. In the event of a dispute or claim arising out of this Contract, the parties agree first to try in good faith to settle the dispute by mediation in Sarasota County, Florida under the Commercial Mediation Rules of the American Arbitration Association, before resorting to litigation. In the event such mediation does not result in a suitable resolution, then litigation will be used. The parties agree that in the event of litigation they waive any and all rights to a trial by jury. The remainder of this page is left intentionally blank. _____________________________________________________________________________________________________________________ 1221260100 Bid #122126CS CONSTRUCTION CONTRACT PAGE C-9 SECTION 6 ______________________________________________________________________________ IN WITNESS WHEREOF, the parties have hereto set their hands and seal the day and year first above-mentioned. WITNESS: CONTRACTOR: Print name: Print name: Signed by: Signed by: Date: Title: Date: (SEAL) SARASOTA COUNTY BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY FLORIDA By: Chair Date: (SEAL) ATTEST: Karen E. Rushing, Clerk of Circuit Court and Ex-Officio Clerk of the Board of County Commissioners By:_______________________________ Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: By:_______________________________ County Attorney _____________________________________________________________________________________________________________________ 1221260100 Bid #122126CS CONSTRUCTION CONTRACT PAGE C-10 SECTION 6 ____________________________________________________________________________________________ SARASOTA COUNTY GOVERNMENT MINORITY BUSINESS ENTERPRISE PROJECT PLAN 1) Project Name: 4) Type of Subcontract Work 5) Subcontractor or Materials-Men Name 2) Total Bid Price : 3) 5% of Total Bid Price 6) Dollar Amount 7) H, I, J, K, M, AD 8) (A) (GFE) TOTAL DOLLAR AMOUNT 9) I certify, under penalty of perjury, for the Project shown above, that for the subcontracts, material-men Contracts and the good faith effort listed above, Certified Minority Business Enterprises shall complete the subcontracts as shown or that Good Faith Effort did occur. I further certify that this plan shall be carried out throughout the Project life and that any proposed changes shall be submitted in writing, for prior approval of the County. Company Name: __________________________________________________________________________________________ Address: _______________________________________________________________________________________________ City: _______________________________________________ State: ____________ Zip: ________________________ Telephone: ____________________________________________________________________________________________________ Signature of Company Officer: Date: _________________________ Title: __________________________________________________ Notary Signature __________________Notary Seal______________Type of Identification _________ Date _____________ GENERAL INFORMATION: Only the vendor selected for award of this Bid is required to complete, sign, and submit this Minority Business Enterprise (MBE) plan. The awardee is encouraged to subcontract no less than 5% of their total Bid price with Certified MBE firms. Note: When funding is being provided by an outside agency (Example: FDEP, CDBG, State Revolving Funds, etc.) their requirements will take precedence. MBE firms that have completed certification with the State of Florida shall be automatically eligible. Subcontractors listed in the MBE Project Plan are subject to the Subcontractor terms and requirements listed in the Bid specifications and Project Contract. (If needed continue on attached pages.) __________________________________________________________________________________________________________________________________________ MINORITY BUSINESS ENTERPRISE PROJECT PLAN PAGE MBE-1 SECTION 6 ____________________________________________________________________________________________ SARASOTA COUNTY GOVERNMENT MINORITY BUSINESS ENTERPRISE PROJECT PLAN INSTRUCTIONS: (Below numbered paragraphs correspond to the numbered boxes on the Project Plan) 1) Enter the Project name shown on the front of the Bid Specifications. 2) Enter your Total Bid Price for the Project. If there are alternates involved in the Bid, enter the figure elected by the County for award purposes. 3) Enter 5% of the Total Bid Price shown in box number (2). If your firm does not sub-Contract 5% or more of the total Contract price you are required to list the percentage that you do intend to subcontract. The corresponding dollar amount shall be your MBE Plan goal. In such case, correct the percentage shown in the title of this box and enter the dollar amount of your MBE Plan goal. 4) Enter a descriptive word or name of the type of work to be performed under the subcontract listed. There may be only one MBE vendor or Good Faith Effort listed per subcontract. A subcontract may be listed only once in the plan. 5) List the Subcontractor or materials-men firm’s name. Good Faith Effort may be included in the 5% MBE participation goal. If listing Good Faith Effort from advertising, enter the newspaper’s name and advertising dates in place of the Subcontractor’s name. Good Faith Effort credit may be obtained utilizing the following processes: a) SUBCONTRACT OFFER TO A MBE FIRM THAT IS DECLINED: Good Faith Effort may be listed in the MBE Project Plan when an offer is made to a MBE firm who declines to accept the offer. The MBE firm must be a Certified MBE firm and normally capable of providing the service/supplies required in the subcontract. Also, if you later intend to offer such a subcontract, at an increased price or changed schedule, you must first make the same offer to the MBE firm listed under Good Faith Effort. b) ADVERTISEMENT OF SUBCONTRACTS: Good Faith Effort may be listed in the MBE Project Plan for MBE solicitation advertisements in a newspaper to which no MBE firms respond. Such advertisement must be in newspapers of general circulation, unless otherwise approved by the County. If an advertisement is to appear in a newspaper emanating from outside Sarasota County, it must also appear no less than once in a Sarasota County newspaper. Qualified MBE firms responding to an advertisement must be offered the subcontract. A record must be maintained by the Contractor of respondents considered not qualified. c) GOOD FAITH EFFORT CREDIT LIMIT: Good Faith Effort credit toward meeting the 5% Project Plan Goal is limited. Regardless of the estimated dollar amount of the subcontract, no more than 3% of the 5% goal may be established by Good Faith Effort. If establishing Good Faith Effort by advertising, no more than 1% may be established per advertisement, and no more than a total of 3% may be established by advertising. 6) Enter the dollar amount of the subcontract or the estimated amount of the subcontract, if listed as Good Faith Effort. Regardless of the dollar amount of any one subcontract, more than one MBE Subcontract or Good Faith Effort may be utilized to meet the 5% goal. 7. Enter the correct MBE designation: (H) Black American, (J) Asian American, (K) Native American, and (M) American Women. If entry is an advertised Good Faith Effort, with no responses, enter the designation (AD). 8) Enter the correct designation to indicate if the Contract was (A) awarded to the MBE firm listed, or (GFE) if the subcontract listed represents a not accepted Good Faith Effort offer to the MBE firm listed, or a qualified advertisement. 9) An officer of your firm must sign who has signature authority to commit the firm to compliance with this MBE Plan. The signature must also be notarized. __________________________________________________________________________________________________________________________________________ MINORITY BUSINESS ENTERPRISE PROJECT PLAN PAGE MBE-2 SECTION 7 ______________________________________________________________________________ Standard Form For CONTRACTOR’S FINAL AFFIDAVIT & RELEASE of LIEN STATE OF FLORIDA, COUNTY OF SARASOTA Before me, the undersigned authority, personally appeared who, after being by me first duly sworn, deposes and says that: He is , 1. of (Title of Officer) (Name of Company) doing business in the State of Florida, hereinafter called "Contractor". 2. Contractor pursuant to a Contract dated ____________________________, hereinafter referred to as "Contract", with Sarasota County, Florida, hereinafter referred to as "County", has heretofore furnished or caused to be furnished labor, material and services for the construction of certain improvements as more particularly set forth in said contract. 3. Contractor represents that all work to be performed under the aforesaid Contract has been fully completed and that all persons and firms who furnished material, labor and/or services incident to the completion of said work have been paid in full except to the following: NAME , (Write in "None" if all persons and firms have been paid in full) ADDRESS AMOUNT DUE 4. The undersigned affiant for and in consideration of final payment to him in the amount of $___________________, and all other previous payments paid by County to contractor, does hereby for and in behalf of the Contractor, waive, release, remise and relinquish the contractor’s right to claim, demand or impose a lien or liens for work done or materials and/or services furnished or any other class of lien whatsoever, on any of the premises owned by County on which improvements have been completed in connection with the aforementioned contract. 5. The affiant herein does hereby represent that he has authority to execute a full and final Release of Lien for and in behalf of the Contractor as set forth above. 6. The affiant herein makes this Affidavit and Release of Lien for the express purpose of inducing County to make final disbursement and payment to the Contractor in the amount of $_______________________. 7. This Affidavit and Release of Lien is made by affiant with full knowledge of the applicable laws of the State of Florida. In addition to such rights as may be afforded to County under said applicable laws, affiant expressly agrees to indemnify and save County harmless from any and all actual costs and expenses, including reasonable attorney’s fees, arising out of claims by laborers, subcontractors or materialmen who might claim that they have not been paid for services or material furnished by or through the contractor in connection with the work performed under the aforementioned Contract. _____________________________________________________________________________________________________________________ BID # 122126CS RELEASE OF LIEN PAGE RL-1 SECTION 7 ______________________________________________________________________________ _______________________________________ Name of Corporation By: _______________________________________ President (CORPORATE SEAL) ATTEST: ______________________________________ Name of Corporation _____________________________________ Secretary Sworn to and subscribed before me this day (date) _________________________________________ Notary Public (NOTARY SEAL) My Commission Expires:_______________________ _____________________________________________________________________________________________________________________ BID # 122126CS RELEASE OF LIEN PAGE RL-2 SECTION 8 GENERAL CONDITIONS This page left intentionally blank INDEX GENERAL CONDITIONS ARTICLE SUBJECT PAGE 1.0 Definitions and Terms 1.1 General 4 2.0 Contractor Requirements 2.1 General 6 3.0 Contract Documents 3.1 Contract Documents 3.2 Intent 3.3 Conformed Contract Documents 3.4 Construction Plans/Drawings 3.5 Amending and Supplementing Contract Documents 3.6 Reference Standards 3.7 Reuse of Documents 7 4.0 Pre-Construction Activities 4.1 Pre-Construction Conference 4.2 Preliminary Schedules Submission and Acceptance 4.3 Notice to Proceed 4.4 Earthmoving Permit 4.5 Notifications 4.6 Audio-Visual Pre-Construction Record 4.7 Communications/Notices 5.0 Progress and Control of the Work 11 5.1 Timely Performance of the Work 5.2 Sequence of Work 5.3 Temporary Facilities/ Staging and Storage Area(s) 5.4 Use of Jobsite and Other Areas 5.5 Mobilization 5.6 Work Hours 5.7 Reimbursements to the County for Unscheduled Work Hours 5.8 Progress Meetings 5.9 Construction/Progress Schedule 5.10 As-Built Documents 5.11 Permits, Licenses, Taxes, and Laws and Regulations 5.12 Work within the County/State Rights-of-Ways 5.13 Open Excavations 5.14 Erosion Control 5.15 Maintenance of Traffic (MOT) 5.16 Subsurface and Physical Conditions 5.17 Existing Underground Facilities 5.18 Quality Control 5.19 Materials, Equipment, and Workmanship 5.20 Inspection and Testing of Materials and Equipment 5.21 Sanitary Regulations 5.22 Safety and Health Regulations/Protection of Property 5.23 Hazardous Environmental Conditions Rev. 12/22/11 GC-Page 1 of 44 9 General Conditions ARTICLE SUBJECT 5.24 5.25 PAGE Salvaged Equipment and Materials Clean-Up and Disposal 6.0 County’s Rights 6.1 County Access to Work 6.2 County May Stop Work 6.3 County May Correct Defective Work 6.4 Right to Retain Defective Work 6.5 County May Suspend Work 6.6 County May Terminate for Cause 6.7 County May Terminate for Convenience 6.8 Partial Utilization 6.9 Project Audit 20 7.0 Contractor’s Rights and Responsibilities 7.1 General 7.2 Supervision and Superintendency 7.3 Subcontractors and Material Suppliers 7.4 Labor 7.5 Reporting Discrepancies 7.6 Project Layout 7.7 Coordination with Other Contractors 7.8 Emergencies 7.9 Patent Fees and Royalties 7.10 Safety Representative 7.11 Hazard Communication Program 7.12 Risk of Loss 7.13 Protection and Restoration of Public and Private Property 7.14 Protection of Environmental Resources 7.15 Protection of Historic and Archeological Resources 23 8.0 County’s Responsibilities and Duties 27 8.1 Status of the Construction Project Manager 8.2 Review and Approval of the Work 8.3 Resolution of Discrepancies 8.4 Recommendation of Progress Payments 8.5 Inspection and Examination of the Work 8.6 Project Representative/Inspector 8.7 Right to Reject Defective Work 8.8 Shop Drawings, Product Data, and Samples 8.9 “Or Equal” and Substitutions 8.10 Claims 8.11 Recommendation of Substantial Completion and Final Payment 8.12 Cooperation 8.13 Availability of Lands for Work 8.14 Survey/Project Controls 9.0 Work by Others 9.1 Construction by the County or by Separate Contractors Rev. 12/22/11 GC-Page 2 of 44 32 General Conditions ARTICLE SUBJECT PAGE 10.0 Cost of the Work 10.1 Lump Sum Work 10.2 Unit Price Work 10.3 Allowances 11.0 Changes, Delays, and Time Extensions 33 11.1 Changes in the Work 11.2 Interim Field Change Agreement (IFCA)/Contract Amendment 11.3 Change in Contract Price 11.4 Change in Contract Times 11.5 Delays and Time Extensions 11.6 Notice to Surety 12.0 Claims and Damages 12.1 Time of Claim 12.2 Value of Claim 12.3 Claim Form 12.4 Claims for Contract Price and Contract Times Adjustment 12.5 Continuation of the Work 12.6 County’s Action 37 13.0 Payments to Contractor and Completion 13.1 General 13.2 Supporting Documentation 13.3 Progress Payments 13.4 Payment for Stored Materials 13.5 Retainage 13.6 County May Withhold Payments 13.7 Liquidated Damages 13.8 Prompt Payment 13.9 Substantial Completion 13.10 Final Inspection 13.11 Final Acceptance 13.12 Release of Liens 13.13 Final Payment 13.14 Final Completion Delayed 38 14.0 Manufacturer's Instructions and Services 14.1 Manufacturer’s Instruction, Service and Parts Manual 14.2 Manufacturer’s Supervision 42 15.0 Warranty and Guarantee Provisions 15.1 Warranty and Guarantee Provisions 42 16.0 Miscellaneous 16.1 Certified Chemicals 16.2 Fuel Adjustments 16.3 Equipment Maintenance 16.4 Spill Prevention/Containment 16.5 Disposal of Pollutants 43 Rev. 12/22/11 GC-Page 3 of 44 32 General Conditions GENERAL CONDITIONS 1.0 DEFINITIONS AND TERMS 1.1 GENERAL: Wherever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural, as well as pronouns used in their place. This list is not meant to be all inclusive, as other terms may be defined elsewhere in the Contract Documents printed with initial capital letters. ADDENDA: Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the Contract Documents. ADMINISTRATIVE AGENT: The County staff person acting as the County’s authorized representative, responsible for the performance and final acceptance of the Work. This agent, named in the Contract, has responsibility for Contract Document interpretations, Contractor compliance with the terms of the Contract, and resolutions in cases of Contract Document discrepancies, claims, disputes, and noncompliance. APPLICATION FOR PAYMENT: The form acceptable to the County which is to be used by the Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract. CLAIM: A written demand or assertion by the County or the Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. CONFORMED CONTRACT DOCUMENTS: The formal Contract Documents prepared by the County, incorporating all addenda, completed bid form, Performance and Payment Bond, Insurance Certificate(s), and other forms required by the Contract into a bound set of final documents which will be exclusively used and recognized during the construction of the Work. Each set of Conformed Contract Documents will be so labeled and sequentially numbered as to be readily identifiable as copies of the authentic Contract Documents. CONSTRUCTION CONTRACT: The written Contract executed by the County and the Contractor for the performance of the Work, which incorporates by reference, all Contract Documents. CONSTRUCTION PLANS/DRAWINGS: A set of drawings prepared and/or approved by the Engineer/Architect of Record, which graphically shows the scope, extent, and character of the work to be furnished and performed by the Contractor. Shop Drawings and other Contractor submittals are not Construction Plans/Drawings as so defined. CONSTRUCTION/PROGRESS SCHEDULE: A time schedule prepared and submitted by the Contractor in an approved form and in a Primavera compatible approved format, describing the sequence and duration of activities comprising the Contractor’s plan to accomplish the Work within the prescribed Contract Times. CONSTRUCTION PROJECT MANAGER: Authorized County representative with specific responsibilities and duties as defined by the County for management of specified portions of the Contract. CONTRACT: The totality of the Contract Documents. CONTRACT AMENDMENT: A form of Contract Modification requiring formal Sarasota County Commission approval. CONTRACT DOCUMENTS: All documents listed in Article III of the Construction Contract. CONTRACT MODIFICATION: A document signed by the County and the Contractor authorizing an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract. CONTRACT PRICE: The Contractor’s bid price accepted by the County, including or excluding additive or deductive alternates, as stipulated in Article II of the Construction Contract. Rev. 12/22/11 GC-Page 4 of 44 General Conditions CONTRACT TIMES: The number of calendar days stipulated in Article VIII of the Construction Contract provided to the Contractor to achieve Milestones (as stipulated), Substantial Completion, and Final Completion of the Work, as defined herein. CONTRACTOR: The person, firm, or corporation who executed the Construction Contract with the County, and who is responsible for the completion of the Work. COUNTY: Political subdivision of the State of Florida including the SARASOTA COUNTY COMMISSION, the entity with whom the Contractor has entered into the Contract and for whom the Work is to be performed, including the County Engineer or designated representative. DAY: The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. EFFECTIVE DATE OF THE CONTRACT: The date the Construction Contract is approved and signed by the County, on which date the Contract becomes effective. ENGINEER/ARCHITECT OF RECORD: The person, firm or corporation registered in the State of Florida as a Professional Engineer/Architect, or Professional Engineering/ Architectural Company, responsible for the preparation and approval of the Construction Plans/Drawings and Technical Specifications; the permitting of the project with Federal, State, and local agencies having jurisdiction over the Work; and for certification that the Work completed was in substantial conformance with the approved plans and specifications, and/or noting and recording exceptions that did not substantially affect the functionality or quality of the Work required for its intended use. The Engineer/Architect of Record may be one or more persons, firms or corporations. FIELD ADJUSTMENT: A minor modification to the Construction Plans/Drawings directed by the County, which may involve a structure location or quantity change as may be found desirable to avoid any obstructions, interference with existing structures, or for other reasons that would benefit the Work, without causing or creating a scope change to the Work. FINAL COMPLETION AND ACCEPTANCE: The date when the Work is completed and approved by the County and the Contractor, including completion of all punch list items, submittal of approved asbuilt drawings, and completion of all other project close-out requirements, all as defined in the Contract Documents. Evidence witnessing this date will be issued in the “Final Completion and Acceptance Certificate”. INTERIM FIELD CHANGE AGREEMENT (IFCA): A form of Contract Modification within the general scope of the Contract, which does not result in the Contract Price exceeding the amount stipulated in the Construction Contract. This Contract document, approved and signed by the County and the Contractor, authorizes an addition, deletion, or revision in the Work or an allocation of the Contract contingency or adjustment to the Contract Times, issued on or after the Effective Date of the Contract. JOBSITE: Lands or areas indicated in the Contract Documents as being furnished by the County upon which the Work is to be performed, including rights-of-ways and easements for access thereto, and such other lands indicated by the County which are designated for the use of the Contractor. MILESTONE: A principal event or Work item, specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. NOTICE: A formal written correspondence rendered by the Contractor or the County for the purposes of providing notice to the parties of transmittals, requesting information, conditions discovered, pending actions, claims, and other actions pursuant to the Contract requirements. NOTICE TO PROCEED: A written notice given by the County to the Contractor fixing the date on which the Contract Times will commence to run and on which date the Contractor shall start to perform the Work under the Contract. The Notice to Proceed will fix the dates of Milestones, where applicable, Substantial Completion, and Final Completion of the Contract, based on the stipulated Contract Times. “OR EQUAL”/SUBSTITUTION: An item reviewed and approved by the County following the effective date of the Contract based on the Contractor’s submittal of alternates or substitutions for equipment/supplies/materials in response to the Technical Specifications denoting the item by a brand name followed by the term “or equal”. Rev. 12/22/11 GC-Page 5 of 44 General Conditions PROJECT: The entire construction or installation to be performed which the Work under this Contract may be the whole or part. PROJECT REPRESENTATIVE (PR)/ INSPECTOR: Authorized field representative of the County, responsible for periodic oversight of the Work, with specific duties and limitations as outlined in these General Conditions. SCHEDULE OF SUBMITTALS: A schedule of submittals required by the Contract Documents prepared and maintained by the Contractor, of required submittals and the time requirements to support scheduled performance of related Work activities. SCHEDULE OF VALUES: A cost schedule prepared and maintained by the Contractor, allocating portions of the Contract Price to various Lump Sum items of the Work as defined in the Contract Documents, and used as the basis for reviewing and approving the Contractor’s application for payment. SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for the Contractor and submitted by the Contractor to illustrate some portion of the Work. SUBCONTRACTOR: An individual or entity having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. SUBSTANTIAL COMPLETION: Occurs when the Work is sufficiently complete, in accordance with the Contract Documents, so that the Project or specified part of the Project can be utilized for the purpose for which it was intended. The date of Substantial Completion will be evidenced in writing by the “Certificate of Substantial Completion”, approved and signed by the Contractor and the County’s Administrative Agent. SUPPLEMENTAL GENERAL CONDITIONS: That part of the Contract Documents which amends or supplements these General Conditions. SURETY: Any person, firm, or corporation that has executed as Surety the Contractor's Bid Bond and/or Performance and Payment Bond securing the performance of the Construction Contract. TECHNICAL SPECIFICATIONS: That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. UNDERGROUND FACILITIES: All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other facilities or attachments, and encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone, or other communications, cable television, water, wastewater, reuse water, storm water, other liquids or chemicals, or traffic or other control systems. WORK: The entire construction required to be provided under the Contract. Work includes and is the result of performing or providing all plant, labor, equipment, tools, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 2.0 CONTRACTOR REQUIREMENTS 2.1 GENERAL: The Work covered by the Contract Documents includes the furnishing of all plant, labor, equipment, tools, materials and performing all operations and construction work, including all appurtenant work, in accordance with the Contract Documents. The Contractor shall perform all operations, construction, and incidentals necessary to complete the Work in a turnkey condition. The Contractor may subcontract a portion of the Work, but shall perform with his own organization work amounting to not less than fifty one percent (51%) of the total Contract Price. Rev. 12/22/11 GC-Page 6 of 44 General Conditions 3.0 CONTRACT DOCUMENTS 3.1 CONTRACT DOCUMENTS: Refer to Article III of the Construction Contract for the list of Contract Documents included in the Contract. The Contract Documents comprise the entire Contract between the County and Contractor. 3.2 INTENT: A. It is the intent of the Contract Documents to describe the Work (or part thereof) to be constructed by the Contractor, which results in a complete and functional product. Any plant, labor, materials, equipment, tools, and services that may be reasonably inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended results will be provided whether or not specifically called for at no additional cost to the County. B. The several parts of the Contract are intended to be complimentary in describing the Work and the responsibilities of the Contractor and the County and any requirements stipulated in one part of the Contract Documents is as binding on the parties as though occurring in all. In the event there are any conflicting provisions or requirements among the Contract Documents, the provisions and requirements of the Contract Documents shall take the following order of precedence: 1. 2. 3. 4. 5. 6. 7. IFCA and Contract Amendments Construction Contract Special Conditions Supplemental General Conditions General Conditions Technical Specifications Construction Plans/Drawings In case of discrepancy concerning dimension, quantity, and location, graphic drawings will take precedence over the specifications; explanatory notes on the drawings will take precedence over conflicting drawn indications; and large scale details will take precedence over smaller scaled drawings. In case of discrepancy concerning quality and/or quantity within the documents, the Contractor shall include the better quality and/or the greater quantity, unless otherwise determined in writing by the County. Interpretations and resolution of discrepancies within the Contract Documents shall be made solely by the County’s Administrative Agent and issued in writing upon receipt of the Contractor’s written request. C. The Contractor shall fully comply with all requirements of the Contract. No verbal agreement or conversation with any agent or employee of the County, Construction Project Manager or the Engineer/Architect of Record either before or after the execution of the Construction Contract shall affect or modify any of the terms or obligations contained in the Contract. 3.3 CONFORMED CONTRACT DOCUMENTS: Following award of the Contract, the County will prepare the Conformed Contract Documents, providing one (1) originally signed and executed set to the Contractor. Up to three (3) additional copies of the Conformed Contract Documents will be provided to the Contractor at no charge. Additional copies of the Conformed Contract Documents may be obtained from the County upon payment of reproduction costs. One complete set of Construction Plans/Drawings and Technical Specifications shall be maintained at the Jobsite for as-built drawings preparation by the Contractor, and shall be available for review by the County at all times. 3.4 CONSTRUCTION PLANS/DRAWINGS: A. Refer to Article III of the Construction Contract for the list of Construction Plans/Drawings. B. The general character and scope of the work is illustrated by the Construction Plans/Drawings. These drawings, which show the scope, extent and character of the work to be furnished and performed by the Contractor have been prepared and/or approved by the Engineer/Architect of Record, and are referred to in the Contract Documents. Shop drawings are not Construction Plans/Drawings as so defined. Rev. 12/22/11 GC-Page 7 of 44 General Conditions C. Checking of Drawings and Dimensions: 1) The Contractor shall check all drawings immediately upon their receipt and shall promptly notify the County in writing of any discrepancies. Anything shown on the drawings and not mentioned in the Technical Specifications, or mentioned in the Technical Specifications and not shown on the drawings, shall be of like effect as if shown or mentioned in both. 2) Figures marked on all drawings shall, in general, be followed in preference to scale measurements. Large-scale drawings shall, in general, govern small-scale drawings. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have been avoided thereby. When dimensions on the drawings are affected by the type of equipment selected, the Contractor shall adjust such dimensions as conditions may require, upon written notification and approval of the County. 3.5 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS: A. The Contract may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by an Interim Field Change Agreement (IFCA), or a Contract Amendment. B. The requirements of the Contract may be supplemented and minor variations and deviations in the Work may be authorized by a written interpretation or clarification, or by a Field Adjustment as directed by the County. 3.6 REFERENCE STANDARDS: A. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to laws or regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or laws or regulations in effect on the Effective Date of the Contract, except as may be otherwise specifically stated in the Contract. B. No provision of any such standard, specification, manual, or any instruction of a manufacturer or supplier shall be effective to change the duties or responsibilities of the County or the Contractor or any of their Subcontractors, consultants, agents, or employees from those set forth in the Contract. No such provision or instruction shall be effective to assign to the County or any of their authorized representatives, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract. 3.7 REUSE OF DOCUMENTS: A. The Contractor and any Subcontractor or supplier or other individual or entity performing or furnishing all or any portion of the Work, shall not: 1) Have or acquire any title to or ownership rights in any of the drawings, specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the Engineer/Architect of Record or the Engineer/Architect of Record’s consultants, including electronic media editions. 2) Reuse any of such drawings, specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of the County and the Engineer/Architect of Record and specific written verification or adaption by the Engineer/Architect of Record. B. The prohibition of this paragraph will survive final payment, or termination of the Contract. Nothing herein shall preclude the Contractor from retaining copies of the Contract Documents for record purposes. Rev. 12/22/11 GC-Page 8 of 44 General Conditions 4.0 PRE-CONSTRUCTION ACTIVITIES 4.1 PRE-CONSTRUCTION CONFERENCE: A. Following award of the Contract, the County may schedule a pre-construction conference. Attendees of the conference shall be the Contractor and the Contractors proposed superintendent, the County and authorized representative(s), utility company representatives, and other interested parties. B. The pre-construction conference is intended to establish a working understanding among the parties, and to review work schedules, procedures for handling shop drawings and other submissions, processing of progress payments, and such other matters as may be pertinent to the Work. The Contractor shall submit, for approval by the County, a summary of the proposed work approach, a preliminary Schedule of Values, a preliminary Submittals Schedule, a preliminary Construction/Progress Schedule, emergency contact phone numbers, Labor and Equipment Rate Schedule (excluding overhead and profit), and any other information as required for the preconstruction conference. 4.2 PRELIMINARY SCHEDULES SUBMISSION AND ACCEPTANCE: A. SCHEDULE OF VALUES: 1) This schedule includes quantities and prices for all Lump Sum bid items, which when added together equal the Lump Sum Contract Price for each such item bid, and subdivides the Lump Sum items into component parts in sufficient detail to serve as the basis for the review and approval of progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each Lump Sum item of Work bid. 2) The Contractor’s Schedule of Values will be acceptable to the County as to form and substance if it provides a reasonable allocation of the Lump Sum Contract Prices to component parts of the Lump Sum item of Work. B. SUBMITTALS SCHEDULE: 1) This schedule, which is incorporated into the Construction/Progress Schedule, provides for the review and acceptance of the Contractor’s submittals required by the Contract Documents, and must provide sufficient time for the County review so as to comply with the Contract Times. 2) This schedule shall also include any Contractor proposed substitutions/”or equal” products requiring review by and approval of the County. The Contractor shall provide sufficient time in the Construction/Progress Schedule for such product review. 3) The Contractor’s schedule of submittals will be acceptable to the County if it provides for a workable arrangement for reviewing and processing the required submittals as shown on the Progress Schedule. C. CONSTRUCTION/PROGRESS SCHEDULE: 1) This construction schedule, prepared in Primavera compatible critical path format, indicating the times (numbers of days or dates) for starting and completing the various items and stages of the Work, including the scheduling of any Milestones specified in the Contract Documents, Substantial Completion, and Final Completion. The initial submittal shall, at a minimum, indicate the late start dates and late finish dates required to meet the Contract Times. 2) The Contractor’s Progress Schedule will be acceptable to the County if it provides for an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on the County responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve the Contractor from the Contractor’s full responsibility therefore. D. The County will provide the Contractor with its comments to the above schedules. No Progress Payment will be made to the Contractor until acceptable schedules are submitted to the County. 4.3 NOTICE TO PROCEED: A written Notice will be provided to the Contractor by the County affirming the date on which the Contract Times will commence to run. The date of the Notice to Proceed generally begins the Contract Times unless another date is otherwise agreed to by the County and the Contractor, and is the date on which the Contractor shall start to perform the Contractor’s obligations under this Contract. This Notice to Proceed will also set the completion dates for Milestones (where applicable), Rev. 12/22/11 GC-Page 9 of 44 General Conditions Substantial Completion, and Final Completion of the Work. No work shall commence at the Jobsite prior to the date on which the Contract Times commence to run. 4.4 EARTH MOVING PERMIT: A. Temporary storage and stockpiling of materials resulting from earthmoving activities on private property will require a permit based on the Sarasota County Earthmoving Ordinance. The Contractor is responsible for obtaining an Earthmoving Permit prior to commencing construction, in the event the Contractor plans on storing and stockpiling such materials on private property. B. Earthmoving activities, such as excavating, hauling, receiving, and stockpiling, performed in connection with a Sarasota County construction or maintenance project, and performed within and upon County owned property and rights-of-ways, is authorized under the Sarasota County Earthmoving Ordinance as an exemption. These activities, however, may be subject to certain submittals per the Earthmoving Ordinance. The Contractor is responsible for determining what, if any, submittals are required in order to comply with the Earthmoving Ordinance. 4.5 NOTIFICATIONS: A. Notice to the County: The Contractor shall give the County five (5) days advanced written notice of the date scheduled to commence Work under this Contract in order that required County actions may be started sufficiently in advance of the Contractor's operations. This Notice to the County shall be given within the time frame of the issuance of the Notice to Proceed. B. Notification of Utility Companies: The Contractor shall notify the utility companies and agencies well ahead of the proposed Work. The Contractor shall cooperate with all affected utility companies and provide schedules, etc., when requested. C. Emergency Vehicle Notification: The Contractor shall notify the police, fire department, and ambulance services of the proposed construction schedule one week in advance of the proposed Work. D. Resident Notification: The Contractor will provide notification to all residents affected by, and adjacent to the Work. The notification will be delivered no less than one week prior to construction commencement. Notices shall be hand-delivered door to door to the properties first affected by the construction; thereafter properties to be affected within five (5) days of construction shall receive notice thereof. The door hanger format shall be developed by the County for use by the Contractor. 4.6 AUDIO-VISUAL PRE-CONSTRUCTION RECORD: Prior to commencing the Work, the Contractor shall have a continuous color audio-video record in digital video format taken at and around the Jobsite, and along the length of the proposed Work, to serve as a record of pre-construction conditions. No construction shall begin prior to review and acceptance of the digital video’s covering the Work area(s) by the County. The County shall have the authority to reject all or any portion of the audio-video recordings not conforming to the specifications and order that it be redone at no additional charge. The Contractor shall promptly reschedule the re-recording of unacceptable coverage after being notified. The County will designate those areas, if any, to be omitted from or added to the audio-video coverage. The audio-video recordings shall not be made more than thirty days prior to construction start. All audio/video recordings and written records related to the recordings shall become property of the County. Submittals of pre and post Construction digital video recordings will be as specified in the Contract Documents. 4.7 COMMUNICATIONS/NOTICES: A. Communications: Except as otherwise provided in the Contract, the County and the Contractor shall endeavor to communicate to each other on matters arising out of or relating to the management of the Work. Communications by and with the County’s consultants shall be through the County. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the County. B. Notices: All forms of notices given by the Contractor or the County must be in writing, and delivered to the other party in the manner of and within the time prescribed by the Contract Documents. If a written notice is not presented in a timely manner, it is presumed not to have been given. Rev. 12/22/11 GC-Page 10 of 44 General Conditions 5.0 PROGRESS AND CONTROL OF THE WORK 5.1 TIMELY PERFORMANCE OF THE WORK: A. Time limits stated in the Construction Contract are of the essence of the Contract. By executing the Contract, the Contractor confirms that the Contract Times stated in the Construction Contract are reasonable periods for performing the Work. B. The Contractor shall execute the Work in such time and with such forces of workers, materials, equipment and tools as are required to complete the Work as contemplated in the Contract Documents and detailed in the current Construction/Progress Schedule. If at any time the workers, materials, equipment and tools used are insufficient or improper for securing the quality of work required, or the required rate of progress, the Contractor shall increase its efficiency and improve the quality of its work to comply with the Contract Documents and as is necessary to complete the Work within the Contract Times. 5.2 SEQUENCE OF WORK: A. The Contractor shall schedule the Work as set forth in the Contract Documents, and where shown, perform the Work in stages as indicated in the Contract Documents. B. The Contractor shall submit a Work sequence schedule/plan to the County for review prior to any construction activity. This Work sequencing, once approved, shall be reflected in the Construction/Progress Schedule. The Contractor shall take into consideration any special conditions, restrictions and allowances identified in the Contract Documents, when developing the sequence schedule and implementing the Work. C. Special conditions, restrictions and allowances may be required to minimize inconvenience to the general public and to expedite the restoration efforts. 5.3 TEMPORARY FACILITIES/STAGING AND STORAGE AREA(S): A. The Contractor shall provide adequate facilities at every stage of performing the Work. B. The types of facilities and utility services required for general temporary use at the Jobsite may include the following (other specific services may be required for specific construction methods or operations): 1) Water service (potable for certain uses). 2) Portable sanitary facilities. 3) Drainage and run-off control facilities. 4) Compressed air service. 5) Electric power service. C. In setting up temporary facilities, the Contractor shall: 1) Follow all applicable codes and ordinances that may govern the permitting and inspection by governing authorities in establishing the temporary facilities. 2) Comply with pollution and environmental protection regulations for the use of water and other services, and for the discharge of wastes and storm water drainage from the Work area. 3) Enforce strict discipline in the use of utility services. Limit availability to essential uses, so as to minimize waste. Do not allow the installations to be abused or endangered. 4) Provide adequate signs, fences, barricades, and flashing lights, and take all necessary precautions for the protection of the Work area and the safety of the public. D. Staging and Storage Areas: 1) The Contractor shall be responsible for locating, securing, and paying for staging and storage areas located outside of the County owned property and rights-of-ways. 2) The Contractor’s attention is directed to the County requirements involving permitting for Earth Moving activities. (See Article 4 – Pre-Construction Activities). Rev. 12/22/11 GC-Page 11 of 44 General Conditions E. Storage of Materials: 1) All materials, supplies and equipment, including the County supplied materials, supplies and equipment, intended for use in the Work shall be suitably stored by the Contractor at the Contractor’s expense, to prevent damage from exposure to the elements of nature, mixture with foreign substances, vandalism or theft, or other cause. The Contractor shall take all precautions against any such damage occurrence, and shall be responsible for damage resulting there from. Delivered materials shall be stored in a manner recommended by the manufacturer or supplier and acceptable to the County before any payment will be made. 2) The County will refuse to accept, or sample for testing any materials, supplies or equipment that have been improperly stored or have become contaminated in any way. Materials found unfit for use shall not be incorporated in the Work and shall immediately be removed from the Jobsite. 3) All materials removed from the Jobsite for disposal as called for in the Contract Documents or directed by the County, shall be performed in a legal manner in conformance with all local, State, and Federal laws and regulations. 5.4 USE OF JOBSITE AND OTHER AREAS: A. The Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Jobsite and other areas permitted by laws and regulations, and shall not unreasonably encumber the Jobsite and other areas with construction equipment or other materials or equipment. The Contractor shall allow use of the Jobsite by other contractors, by the County, and by the public, as applicable. B. The Contractor shall keep the Jobsite free of rubbish and waste materials on a continual basis, and shall restore to their original condition those portions of the Jobsite disrupted by the construction. 5.5 MOBILIZATION: A. The Contractor shall mobilize as required for the proper performance and completion of the Work. 5.6 WORK HOURS: A. Regular working hours are defined as up to ten (10) hours per day, Monday through Friday, beginning no earlier than 7:00 A.M. and ending no later than 7:00 P.M., excluding Saturdays, Sundays, and Holidays. B. Whenever the Contractor is performing any part of the Work, with the exception of equipment maintenance and cleanup, inspection of the Work will be required. C. Requests for approval by the County to work other than regular working hours must be submitted to the County at least 48 hours prior to any proposed weekend work or scheduled extended workweek hours. D. Periodic unscheduled work hours on weekdays will be permitted provided that two hours notice is provided to the County. Maintenance and cleanup may be performed during hours other than regular working hours. 5.7 REIMBURSEMENTS TO THE COUNTY FOR UNSCHEDULED WORK HOURS: The Contractor shall reimburse the County for additional construction management and/or inspection costs incurred as a result of unscheduled work in excess of regular working hours. At the County's option, unscheduled work costs may either be deducted from the Contractor's monthly payment request or deducted from the Contractor's retainage prior to release of final payment. Construction management/inspection costs shall be as follows: Overtime and Saturday rates shall be at 1.5 times the prevailing staff rates; and Sunday and holiday rates will be at 2 times the prevailing staff rates. 5.8 PROGRESS MEETINGS: A. On days and at a location mutually agreed upon at the pre-construction conference, regular progress meetings shall be held at the Jobsite, at the County’s designated office, or at the Contractor’s project office, to review the progress of the Work, identify any utility issues and potential delays or problems, review any required project submittals, review progress payment applications, and discuss other issues that may arise. Rev. 12/22/11 GC-Page 12 of 44 General Conditions 5.9 CONSTRUCTION/PROGRESS SCHEDULE: A. The Contractor shall adhere to the currently accepted Construction/Progress Schedule as it may be adjusted from time to time as provided below, and as may be further detailed in the Contract Documents. 1) Schedule adjustments with no change in Contract Times: The Contractor shall submit to the County for acceptance, proposed adjustments in the Construction/Progress Schedule that will not result in changing the Contract Times. Such adjustments, if accepted, shall be incorporated into a revised Progress Schedule which will be submitted with the Contractor’s next progress payment application. 2) Proposed schedule adjustments with a change in Contract Times: Proposed changes to the Construction/Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. Adjustments in Contract Times may only be modified by an IFCA or Contract Amendment. 5.10 AS-BUILT DOCUMENTS: A. The Contractor shall maintain in a safe place at the Jobsite one record set of Conformed Contract Documents, IFCAs, Contract Amendments, and written interpretations and clarifications in good order and annotated to show changes made during construction. B. All approved shop drawings, product data sheets, and samples, are to be made available to the County at all times during the progress of the Work. C. During the progress of the Work, the Contractor shall maintain accurate daily written records of the Work performed and conditions of the Work. D. The record set of Construction Plans/Drawings, which will become the “as-built” drawings, shall be “red-lined” by the Contractor to show all changes in the Work, including approved materials and equipment changes and approved changes in horizontal and vertical alignments made during the course of the Work. All locations and dimensions shall be referenced by two (2) point swing-ties taken from permanent, readily identifiable reference points, such as building walls and corners, columns, utility poles, hydrants, valves, etc. All depths or elevations are to be taken from finished floors, finished grades, or from permanent bench marks shown on the Construction Plans/Drawings. E. Prior to approval of the Contractor’s monthly payment applications, the County shall review the asbuilt drawings to ensure that they are up-to-date, and accurate. The County may withhold progress payments should the review reveal that the as-built drawings have not been properly maintained. F. Upon completion of the Work, and as a pre-requisite to Final Completion and Acceptance, these asbuilt drawings shall be delivered in good condition to the County. G. The Contractor shall be held responsible for the accuracy of the as-built drawings, and shall bear any costs incurred in finding utilities or other concealed or buried Work items, as a result of incorrect data furnished by the Contractor. The review of the as-built drawings by the County does not relieve the Contractor from obligations under the Contract, and for providing the necessary information on Work completed for the Engineer/Architect of Record’s certification. 5.11 PERMITS, LICENSES, TAXES, AND LAWS AND REGULATIONS: A. Unless otherwise provided in the Contract, the Contractor shall obtain and pay for all necessary permits and licenses required by Federal, State, and local agencies having jurisdiction over the Work, prior to the start of construction. The Contractor shall adhere to the permit conditions provided in the permits issued by all such agencies, and shall post all permits in a conspicuous location at the Jobsite. B. The Contractor shall pay all sales, consumer, use and other similar taxes required by the laws and regulations of the place where the Work is performed. C. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations related to the Work. Rev. 12/22/11 GC-Page 13 of 44 General Conditions 5.12 WORK WITHIN THE COUNTY/STATE RIGHTS-OF-WAYS: A. The Contractor shall refer to the latest revised editions of the Sarasota County Mobility standards, and the Florida Department of Transportation specifications and regulations for all work within the County and State rights-of-ways. B. Contractor shall apply for, pay, and obtain the necessary city, County, and State Right-of-Way Permit(s) prior to the start of any Work within a public right-of-way. C. All private and public right-of ways, which are used or affected by the Work, will be maintained and preserved from damage during the Contractor’s operations and restored to their original or better condition upon completion or cessation of Work. 5.13 OPEN EXCAVATIONS: A. All open excavations shall be adequately safeguarded by providing temporary barricades, caution signs, lights and other means to prevent accidents to persons, and damage to property. B. The Contractor shall comply with all provisions of the Florida Trench Safety Act. the Contractor shall comply with all OSHA regulations referenced in the Florida Trench Safety Act, and applicable to the construction of the Work. C. The Contractor shall, at his own expense, provide suitable and safe bridges and other crossings for accommodating travel by vehicles, pedestrians and workmen. D. If the excavation becomes a hazard, or if it excessively restricts traffic at any point, the County may require special construction procedures such as limiting the length of open trench and prohibiting stacking excavated material in the street. E. Access to driveways must be maintained and, if disturbed or damaged, restored as soon as practical by the Contractor. F. The maximum length of open trench shall be forty (40) feet at any one time. Trenches shall not remain open overnight. G. The Contractor shall take precautions to prevent injury to the public due to open trenches. All trenches, excavated material, equipment, or other obstacles which could be dangerous to the public shall be barricaded and well lighted at all times when construction is not in progress. H. All costs in connection with open excavations shall be included in the Unit Price and/or Lump Sum prices. 5.14 EROSION CONTROL: A. The Contractor shall develop and maintain a plan to control erosion at the Jobsite, and submit the plan to the County for approval prior to the start of construction. The plan shall incorporate best management practices in the use of erosion control methods, be complete and in place prior to the start of construction in accordance with the Contract Documents, and as directed by the County. B. The Contractor shall not commence clearing, grubbing, grading, or other construction activities which may cause erosion until the erosion control plan is in place, and approved by the County. C. Where certain thresholds are met relative to the amount of area disturbed by the Work, a National Pollutant Discharge Elimination System (NPDES) permit will be required to be obtained by the Contractor, in accordance with the Contract Documents. D. The Contractor shall regularly inspect, maintain, and repair or replace damaged components of the erosion control system. The Contractor shall maintain the erosion control system until final acceptance, and thereafter, remove the temporary erosion and sediment control system promptly. 5.15 MAINTENANCE OF TRAFFIC (MOT): A. The Contractor shall be responsible for the design, submittal, and approval by the proper reviewing agencies, of maintenance of traffic (MOT) plans for each stage of the Work. It will be the Contractor’s responsibility to set up and maintain the MOT according to State and local transportation agency regulations. All MOT work shall conform to the requirements of the Sarasota County Mobility standards. Rev. 12/22/11 GC-Page 14 of 44 General Conditions B. The Contractor’s work under this section includes preparing, constructing, and maintaining of approved ingress and egress features at the temporary storage/staging facility to reduce/eliminate tracking of mud, silt, and dust onto public and private residential streets. C. The Contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work, and to insure the protection of persons and property, in a manner satisfactory to the County. D. The Contractor may not begin work until the maintenance of traffic (MOT) plan is approved in writing by Sarasota County Mobility. Any modification to the MOT plan requires Sarasota County Mobility written approval. E. All spills caused by the Contractor’s operation will be cleaned up immediately. F. All public and private streets affected by the Contractor’s hauling operations, shall be cleared of dust, debris, and minor drippings at the end of each work day. G. Unless otherwise provided in the Bid Form, all costs in connection with the maintenance of traffic work shall be included in the Unit Price and/or Lump Sum prices. 5.16 SUBSURFACE AND PHYSICAL CONDITIONS: A. Geotechnical Reports and Soil Borings: Technical data, such as reports and explorations and tests of subsurface conditions at or contiguous to the Jobsite are included, if applicable, in the Contract Documents, and were used by the Engineer/Architect of Record in preparing the Construction Drawings. B. Limited Reliance by the Contractor on Technical Data: The Contractor may rely upon the general accuracy of the technical data contained in such reports. Except for such reliance on such technical data, the Contractor may not rely upon or make any claim against the County or the Engineer/Architect of Record, or any of their representatives or agents with respect to: 1) The completeness of such reports for the Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, and safety precautions and programs incident thereto; or 2) Other data, interpretations, opinions, and information contained in such reports; or 3) Any Contractor interpretation of or conclusion drawn from any technical data or any such other data, interpretations, opinions, or information. C. Differing Subsurface or Physical Conditions: 1) Immediately upon discovery by the Contractor of substantially differing subsurface and physical conditions than those shown in the Contract Documents, or unusual from conditions normally expected at Jobsites of this type, the Contractor shall promptly notify the County to obtain a determination on how to proceed with the Work. Except in an emergency, the Contractor shall not further disturb the Jobsite until the County investigates the conditions, provides further testing where required, resolves the issue, and directs the Contractor to proceed with the Work. 2) Should the County determine the conditions differ materially and increase or decrease the Contractor’s costs or time in the performance of the Work, and upon approval of the County, an IFCA or Contract Amendment will be prepared in accordance with the Contract. 3) If the County determines that the conditions are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the County shall promptly notify the Contractor in writing, stating the reasons therefore. 4) In such cases, the Contractor shall move to another area of the Work until the issue is resolved. 5.17 EXISTING UNDERGROUND FACILITIES: A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Jobsite is based on information and data furnished to the County or the Engineer/Architect of Record by the owners of such underground facilities, including the County, or by others. The County and the Engineer/Architect of Record shall not be responsible for the accuracy or completeness of any such information or data. Rev. 12/22/11 GC-Page 15 of 44 General Conditions B. The Contractor shall be responsible to maintain water, telephone, electric, cable TV, sewer, gas and other related utility services throughout the construction of the Work at no additional cost to the County. C. The Contractor shall fully cooperate with all private and public utilities during the installation of their new facilities, or repair or relocation of their existing facilities. The Contractor shall coordinate his work accordingly and shall have no claim except for time extension for delays associated with the proposed utility improvements. D. The Contractor shall be fully responsible for providing all temporary piping, electrical hook-ups, lighting, temporary structures, or whatever is required to maintain the existing utility systems. E. The cost of all of the following will be included in the Contract Price and the Contractor shall have full responsibility for: 1) Reviewing and checking all such Underground Facilities information and data. 2) Locating all Underground Facilities shown or indicated in the Contract Documents. 3) Coordination of the Work and cooperating with the owners of such Underground Facilities, including the County, during construction. 4) The safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. F. If an Underground Facility is uncovered or revealed at or contiguous to the Jobsite which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, or not field located by the utility owner(s) with the accuracy required by Sunshine State One Call of Florida, the Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency), identify the owner of such Underground Facility and give notice to that owner of the facility, and to the County. 1) The County will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, the Contractor shall be responsible for the safety and protection of such Underground Facility. 2) If the County concludes that the conflict can be avoided with a minor modification of the Work, the County will require a Field Adjustment, instructing the Contractor how to proceed with the Work, and document the event. 3) If the County concludes that a change in the Contract Documents is required, an IFCA or Contract Amendment will be issued to reflect and document the event and the required adjustments to the Work. Following consultation with the utility owner, either the utility owner will relocate the existing Underground Facility, or an IFCA or Contract Amendment will be issued to the Contractor for the relocation of the existing utility. 4) An equitable adjustment shall be made in the Contract Times, to the extent attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents or field locates. G. In order to comply with Chapter 556 of the Florida Statutes, the Contractor is responsible for contacting Sunshine State One Call of Florida (SSOCOF) @ 811, or 1-800-432-4770, to request a locate ticket so that SSOCOF members that own or operate underground facilities can locate and mark their underground facilities at and adjacent to the Jobsite. This requirement includes all operations such as demolition, grading, dredging, ditching, drilling, boring, cable plowing or other such activities. Notification requirements are as follows: 1) The Contractor must notify SSOCOF a minimum of two (2) full business days, excluding Saturdays, Sundays and legal holidays, prior to excavating. Day one begins the day after the call is made. 2) If the Contractor’s dig site is in an area that is underwater, the Contractor must call ten (10) full business days before digging. Rev. 12/22/11 GC-Page 16 of 44 General Conditions 5.18 QUALITY CONTROL: A. The Contractor shall establish and maintain appropriate quality control for the Work. The Contractor shall record any problems in complying with laws, regulations and ordinances, and corrective actions taken. Any problems with the Work shall be reported to the County immediately, followed by written notification of the occurrence of the incidences. B. The Contractor shall not deviate from the approved Project permits, Construction Plans/Drawings and Technical Specifications, without specific authorization from the County. In the event that the Contractor determines modifications are required, the Contractor shall prepare and submit a written request to the County including an explanation of the problem and justification for the suggested modification. C. The Contractor shall establish and maintain the Contractor’s own quality control program for the Work. D. Cutting and Patching: The Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of the County and the others whose work will be affected. 5.19 MATERIALS, EQUIPMENT, AND WORKMANSHIP: A. Unless otherwise stated in the Contract Documents, all workmanship, materials, and articles incorporated in the Work shall be of good quality and new and of the most suitable grade of their respective kinds for the purpose and shall be acceptable to the County. The County shall decide the question of quality where the terms, “or equal”, “approved equal” or “equivalent”, are used in the Technical Specifications following reference to a specific manufacturer of equipment or materials. When and to the extent required by the Technical Specifications or by the County for review, the Contractor shall provide full information, including reports and tests, concerning the materials, equipment, or methods of work which the Contractor contemplates incorporating in the Work. Samples of materials shall be submitted for review where required. Materials and equipment installed or used, or unusual methods of work used without such review may be rejected without liability to the County. B. Defective Material, Equipment, or Work: 1) When any material or equipment not conforming to the requirements of the Contract Documents has been delivered to the Jobsite, or incorporated in the Work, or whenever any Work performed does not conform to the Contract Documents or is of inferior and unacceptable quality, then such material, equipment, or work shall be deemed to be defective. All such defective materials, equipment, or Work shall be corrected, removed, replaced or made satisfactory to the County at no additional cost to the County. 2) The Contractor shall not be entitled to an extension of the Contract Time for correcting or removing and replacing defective Work. C. All materials, equipment, and installation shall be applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the manufacturer or applicable supplier, except as otherwise may be provided in the Contract Documents. D. Special Warranties and Guaranties: All special warranties and guaranties required by the Technical Specifications shall expressly run to the benefit of the County. 5.20 INSPECTION AND TESTING OF MATERIALS AND EQUIPMENT: A. Unless otherwise provided in the Bid Form, all testing shall be at the expense of the Contractor. B. The Contractor shall employ and pay for the services of an independent testing laboratory approved by the County, to perform all inspections and tests required by the Contract Documents. C. The Contractor shall arrange for all such testing, and give the County timely notice of the readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Rev. 12/22/11 GC-Page 17 of 44 General Conditions D. The Contractor shall pay for all factory tests required on equipment and materials. Copies of test results or where acceptable, certifications of compliance on equipment and materials made at the factory or manufacturing plant, shall be furnished to the County. Test reports on equipment shall be reviewed by the County before the equipment covered by the tests is delivered to the Jobsite. Test requirements are set out in the detailed Technical Specifications for the particular equipment and materials. E. If laws or regulations of any public body having jurisdiction require any portion of the Work specifically to be inspected, tested, or approved by an employee or other representative of such public body, the Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish the County the required certificates of inspection or approvals. F. Copies of all test results shall be provided to the County as soon as they are available. G. Uncovering Work: 1) If any Work required to be inspected, tested, or approved, is covered prior to such inspection, testing, or approval without written concurrence of the County, it must, if requested by the County, be uncovered for the County’s inspection, testing, and approval, and replaced at the Contractor’s expense. 2) If, after written concurrence by the County to cover the Work, the County considers it necessary or advisable that the covered Work be observed, inspected, or tested by others, the Contractor, at the County’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as the County may require, that portion of the Work in question, furnishing all necessary labor, tools, material, and equipment. 3) If it is found that the uncovered Work is defective, the Contractor shall pay all costs arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory repairing, replacing, or reconstructing the defective Work, including but not limited to all costs of repair or replacement of work of others. 4) If it is found that the uncovered Work previously consented in writing by the County to be covered, is not found to be defective, the Contractor shall submit a Claim to the County for an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. H. Correction or Removal and Replacement of Defective Work: Within seven (7) days of issuance of a written notice of defective Work by the County, the Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by the County, remove it from the Jobsite and replace it with Work that is not defective. The Contractor shall pay all costs arising out of or relating to such correction or removal and replacement, including but not limited to all costs of repair or replacement of work of others, caused by the defective Work. 5.21 SANITARY REGULATIONS: Adequate sanitary facilities for the use of persons employed in the Work, properly secluded from public observations, shall be provided and maintained by the Contractor in such a manner and at such points as shall be approved by the County. These facilities shall be maintained at all times without nuisance and their use shall be strictly enforced. Upon completion of the Work, they shall be removed from the Jobsite, leaving it clean and free from nuisance. 5.22 SAFETY AND HEALTH REGULATIONS/ PROTECTION OF PROPERTY: A. The Contractor shall comply with, and ensure that the Contractor's personnel and subcontracted personnel comply with all current applicable local, State and Federal policies, regulations, laws, and standards relating to safety and health, including the Occupational Safety and Health Administration (OSHA) for the General Industry (29 CFR 1910) and for the Construction Industry (29 CFR 1926). The Contractor shall follow the Federal Environmental Protection Agency Standards and Florida Trench and Safety Act under Florida Statutes Section 553.60-553.64. The Contractor shall observe, follow and comply with all OSHA permitting instructions and regulations for Confined Space Entry, 29 CFR 1910.146 as related to the project. These forms can be obtained electronically from OSHA's website. The Contractor shall post all required OSHA notices at the Jobsite. Rev. 12/22/11 GC-Page 18 of 44 General Conditions B. The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1) All persons on the Jobsite or who may be affected by the Work. 2) All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Jobsite. 3) Other property at the Jobsite or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of the Work. C. The Contractor shall comply with all applicable laws and regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when execution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. D. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be promptly remedied by the Contractor. E 5.23 The Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed, and the County has issued the Final Completion and Acceptance Certificate. HAZARDOUS ENVIRONMENTAL CONDITIONS: A. If the Contractor encounters a hazardous environmental condition or if the Contractor or anyone for whom the Contractor is responsible creates a hazardous environmental condition, the Contractor shall immediately: 1) Secure or otherwise isolate such condition. 2) Stop all Work in connection with such condition and in any area affected thereby except in an emergency. 3) Notify the County promptly and thereafter within 48 hours in writing confirming such notice. 4) The County shall promptly determine the necessity for the County to retain a qualified expert to evaluate such condition or take corrective action, if any. B. In such cases where a hazardous environmental condition is discovered, the Contractor shall move to another area of the Work until the issue is resolved. C. The Contractor shall not resume Work in connection with such condition or in any affected area until after the County has obtained any required permits or clearances related thereto and delivered to the Contractor written notice: 1) Specifying that such condition and any affected area is or has been rendered safe for the resumption of the Work; or 2) Specifying any special conditions under which such Work may be resumed safely. 3) The County shall prepare an IFCA for an adjustment in Contract Times, as a result of such delay, and stipulate any special conditions under which Work is agreed to be resumed by the Contractor. D. Contractor shall not be responsible for any hazardous environmental condition uncovered or revealed at the Jobsite which was not shown, indicated, or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a hazardous environmental condition created with any materials brought to the Jobsite by Contractor, Subcontractors, suppliers, or anyone else for whom Contractor is responsible. 5.24 SALVAGED EQUIPMENT AND MATERIALS: A. Unless otherwise directed by the County, salvaged materials, equipment or supplies are the property of the County and shall be kept clean and properly stored as directed by the County. Rev. 12/22/11 GC-Page 19 of 44 General Conditions B. Should the County choose to not accept these materials they shall be removed from the Project site by the Contractor as soon as practical. C. All materials excavated by the Contractor and suitable for fill shall be stockpiled and used by the Contractor as fill material for the Work. Excess suitable fill material not required for the Work shall remain the property of the County and shall be transported by the Contractor within a 5 mile radius and unloaded at a location determined by the County at no additional cost. D. All materials excavated by the Contractor and not suitable for fill, and material not required by the County shall be hauled and be properly disposed of by the Contractor at no additional expense to the County. 5.25 CLEAN-UP AND DISPOSAL: A. Cleanup and restoration shall be accomplished on a continuing basis throughout the performance of the Work, and in such a manner as to maintain a minimum of nuisance and interference to the County, residents and workers at or adjacent to the Jobsite. B. Removal of Debris during Performance of the Work: During the progress of the Work, the Contractor shall keep the Jobsite and other areas free from accumulations of construction debris, waste materials, rubbish, and other debris. The Contractor shall, within a reasonable time, dispose of all residues resulting from the Work, and shall remove and properly dispose of any surplus excavation, broken pavement, concrete, brick, lumber, and other construction materials, and any refuse as these items accumulate. C. Removal and disposal of such construction debris, waste materials, rubbish, and other debris shall conform to applicable laws and regulations. D. Removal of Temporary Facilities: At the time the need for temporary structures or temporary utility services or a substantial portion thereof has ended, or when the temporary structures and services have been replaced by permanent Work, and not later than the time of substantial completion, the Contractor shall promptly remove the installations. The Contractor shall complete and restore work, which may have been delayed or affected by the installation and use of the temporary facilities, including any required repairs, grading, restoration, and cleaning of exposed surfaces, and replace any work damaged beyond acceptable restoration. E. Final Clean-up: Prior to Final Completion and Acceptance of the Work, the Contractor shall clean the Jobsite and the Work and make it ready for utilization by the County. At the completion of the Work, the Contractor shall remove from the Jobsite all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better, all property not designated for alteration by the Contract Documents. 6.0 COUNTY’S RIGHTS 6.1 COUNTY ACCESS TO WORK: The County, including its authorized representatives and agents, and governmental agency representatives with jurisdictional interests, shall at all times have access to the Work wherever it is in preparation or progress, and may visit the Jobsite and observe the Work to ensure compliance with the Contract. The Contractor shall provide the County and its agents proper and safe conditions for such access and advise them of the Contractor’s Jobsite safety procedures and programs so that they may comply. 6.2 COUNTY MAY STOP WORK: A. If the Contractor’s work is repeatedly defective, or the Contractor fails to supply sufficient skilled workers or suitable materials or equipment to complete the Work, or fails to correct a safety issue brought to the Contractor’s attention, or fails or neglects to perform the Work in such a way that the completed Work will not meet the Contract Time requirements, or violates in a substantial way any provisions of the Contract, the County, may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. Rev. 12/22/11 GC-Page 20 of 44 General Conditions B. The County may terminate payments to the Contractor for those portions of the Work affected by a stop work order. C. The Contractor, upon receipt of a stop work order, shall, after securing the Jobsite, immediately cease work, and shall not be entitled to a Change in Contract Price or Contract Times as a result of such order. D. The Contractor may be allowed to resume work following the submission and acceptance of a work plan addressing the cause of the stop work order, and provided that the corrective work is carried out within seven (7) days of resuming work. 6.3 COUNTY MAY CORRECT DEFECTIVE WORK: A. The County may, without prejudice to other remedies the County may have, issue a stop work order to the Contractor for failure or neglect to carry out the provisions of the Contract as noted above, and after seven (7) days written notice to the Contractor, proceed to correct or remedy any such deficiencies either by its own forces or through the services of another contractor. B. In such case, an appropriate IFCA or Contract Amendment shall be issued deducting from payments then or thereafter due the Contractor the reasonable costs of correcting such deficiencies, including the County’s expenses for additional services made necessary by such default, neglect, or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor, or Surety, shall pay the difference to the County. C. The Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by the County of the County’s rights and remedies under the Contract. 6.4 RIGHT TO RETAIN DEFECTIVE WORK: A. If, instead of requiring correction or removal and replacement of defective Work, the County finds and decides that any part or portion of the imperfect work is not of sufficient magnitude or importance as to make the Work dangerous or undesirable, or if the removal of such Work would create conditions which are dangerous or undesirable, and the County prefers to accept the defective Work or portions thereof, the County may do so. Any portion of work not so accepted by the County shall be removed and replaced as required by the Contract Documents. The Contractor shall be responsible for all attributable costs of the County’s evaluation of and determination to accept such defective Work as well as the diminished value of the Work to the extent not otherwise due to the Contractor. B. If any such acceptance of defective Work occurs prior to final payment, an IFCA may be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the County shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted, and the cost of evaluating the defective Work for acceptance. If the acceptance occurs after final payment, the appropriate costs will be paid by the Contractor, or Surety, to the County. C. Such retention of a portion of the Work that would be considered defective shall not constitute a waiver by the County of the Contractor’s remaining obligations under the Contract. 6.5 COUNTY MAY SUSPEND WORK: A. The County may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety (90) consecutive days by notice in writing to the Contractor. Such Notice shall fix the date on which the Work shall be resumed. The Contractor shall resume the Work on the date so fixed. The Contractor may request an increase in Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if a timely Claim is made pursuant to the Contract. Rev. 12/22/11 GC-Page 21 of 44 General Conditions 6.6 COUNTY MAY TERMINATE FOR CAUSE: A. The occurrence of any one or more of the following events will justify termination for cause: 1) The Contractor’s persistent failure to perform the Work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the approved Construction/Progress Schedule, adjusted from time to time pursuant to the Contract Documents. 2) The Contractor’s disregard of laws or regulations of any public body having jurisdiction. 3) The Contractor’s disregard of the authority of the County’s authorized agents. 4) The Contractor’s failure to repair or remove and replace defective materials or Work. 5) The Contractor’s violation in any substantial way of any provisions of the Contract. B. If one or more of the events identified above occur, the County may, after giving the Contractor and Surety seven (7) days written notice of its intent to terminate the services of the Contractor: 1) Exclude the Contractor from the Jobsite, and take possession of the Work and of all the Contractor’s tools, appliances, construction equipment, and machinery at the Jobsite, and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion), 2) Incorporate in the unfinished Work all materials and equipment stored at the Jobsite or elsewhere for which the County has paid the Contractor, and 3) Complete the Work as the County may deem expedient. C. If the County proceeds as provided above, the Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price (less any unused Allowance balances), exceeds all claims, costs, losses, and damages sustained by the County arising out of or relating to completing the Work, such excess will be paid to the Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, the Contractor or Surety shall pay the difference to the County. When exercising any rights or remedies allowed under the Contract, the County shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding the above, the Contractor’s services will not be terminated if the Contractor begins within seven (7) days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure all such noted failures within no more than thirty (30) days of receipt of said notice. E. Where the Contractor’s services have been so terminated by the County, the termination will not affect any rights or remedies of the County against the Contractor then existing or which may thereafter accrue. Any retainage or payment of moneys due the Contractor by the County will not release the Contractor from liability under the Contract. F. In the case of termination of the Contract for any cause before completion, the Contractor, if notified to do so by the County, shall promptly remove any part or all of the Contractor’s equipment and supplies at the expense of the Contractor. 6.7 COUNTY MAY TERMINATE FOR CONVENIENCE: A. Upon seven (7) days written notice to the Contractor, the County may, without cause and without prejudice to any other right or remedy of the County, terminate the Contract for the County’s convenience. In such case, the Contractor shall, upon properly securing the Jobsite, be paid for (without duplication of any items): 1) Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination. Rev. 12/22/11 GC-Page 22 of 44 General Conditions 2) Documented expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work. 3) Documented claims, costs, losses, and damages incurred in settlement of terminated contracts with subcontractors, suppliers, and others. 4) Reasonable expenses directly attributable to termination. B. The Contractor shall not be paid on account of loss of anticipated profits or revenue for Work not completed by the Contractor, or for other economic losses arising out of or resulting from such termination. 6.8 PARTIAL UTILIZATION: A. Prior to Substantial Completion of all the Work, the County may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which the County and the Contractor agree constitutes a separately functioning and usable part of the Work that can be used by the County for its intended purpose without significant interference with the Contractor’s performance of the remainder of the Work, subject to the following conditions: 1) The County at any time may request the Contractor in writing to permit the County to use or occupy any such part of the Work which the County believes to be ready for its intended use and substantially complete. If and when the Contractor agrees that such part of the Work is substantially complete, the Contractor will certify to the County that such part of the Work is substantially complete and request the County to inspect that portion of the Work, and issue, with the County’s approval, a certificate of Substantial Completion for that part of the Work. 2) The Contractor at any time may notify the County in writing that the Contractor certifies any such part of the Work ready for its intended use and substantially complete and request the County to inspect that portion of the Work, and, with the County’s approval, issue a certificate of Substantial Completion for that part of the Work. 3) Within a reasonable time after either such request, the County and the Contractor shall make an inspection of that part of the Work to determine its status of completion. If the County does not consider that part of the Work to be substantially complete, the County will notify the Contractor in writing giving the reasons therefore. If the County considers that part of the Work to be substantially complete, the County will prepare a Certification of Substantial Completion of that part of the Work, designating the date of the Substantial Completion, noting any work remaining to bring that portion of Work to final completion, and list the division of responsibilities between the County and the Contractor for partial utilization of the Work, including the start of any warranty period and the transfer of property insurance coverage, where applicable. 6.9 PROJECT AUDIT: A. Authorized representatives of the County, its agents, and governmental agency representatives with jurisdictional interests, shall have access to all books, documents, papers, and records of the Contractor specifically relating and directly pertinent to the Work for the purpose of conducting a project audit. B. The Contractor, its employees and agents including all Subcontractors, shall allow access to its records during normal business hours following sufficient notification. 7.0 CONTRACTOR’S RIGHTS AND RESPONSIBILITIES 7.1 GENERAL: A. The Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall strictly comply with all specifications, drawings and terms of the Contract. Rev. 12/22/11 GC-Page 23 of 44 General Conditions B. The Contractor shall cooperate with the County during the progress of the Work, and coordinate with utility companies and the County’s other contractors (when applicable), working at or in the vicinity of the Jobsite, to ensure continuous workflow while minimizing delays. C. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, procedures, and coordination of all portions of the Work under the Contract. D. It is understood and agreed that the Contractor, by careful examination, is satisfied as to the nature and location of the Work, the conditions of the Jobsite, the character, quality and quantity of the materials to be employed, the character of equipment and facilities needed for the execution of the Work, the general and local conditions, and all other matters which can in any way affect the performance of the Work. E. The Contractor shall provide and assume full responsibility for all plant, materials, equipment, tools, labor, services, transportation, construction equipment and machinery, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, bonds and insurance policies, overhead, office, and all other costs and expenses of facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. F. The Contractor shall be responsible to the County for acts and omissions of the Contractor, the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. G. The Contractor shall be responsible for inspection of portions of work performed by others to determine that such portions are in proper condition to receive subsequent Work by the Contractor. The Contractor shall immediately notify the County if any such work is defective or unsuitable to accept the Work by the Contractor. 7.2 SUPERVISION AND SUPERINTENDENCY: A. The Contractor representative named in the Construction Contract, shall have full power and authority to act on the Contractor’s behalf, in all matters dealing with the Contract. All communications and directions given to, received by, or received from the Contractor representative shall be binding on the Contractor. B. The Contractor shall assign a competent superintendent, who may be the Contractor’s representative or authorized designee, who shall personally oversee and direct the Work on a daily basis. The superintendent will be the Contractor’s representative on the Jobsite and shall have complete authority to act on behalf of the Contractor. All communications and directions given to, received by, or received from the superintendent shall be binding on the Contractor, unless otherwise conveyed to the County in writing. C. The Contractor shall assign other supervisory personnel as necessary to assure faithful prosecution and timely delivery of services pursuant to the requirements of the Contract. The Contractor shall notify the County in writing of the names and credentials of the superintendent and supervisory personnel at the pre-construction conference. D. The Contractor representative and superintendent shall be the points of contact for the County. E. The Contractor representative and superintendent shall not be changed except by written consent of the County, unless this person or persons cease to be employed by the Contractor. The Contractor shall provide written notice to the County of any such changes within two (2) working days. 7.3 SUBCONTRACTORS AND MATERIAL SUPPLIERS: A. The Contractor shall provide an initial list of proposed Subcontractors, including the portions of Work to be performed by each of the Subcontractors. The list of Subcontractors shall be finalized and submitted to the County at the pre-construction conference for approval. The list of material suppliers shall be developed through Shop Drawing reviews. B. If the County has reasonable objection to any Subcontractor or material supplier, whether identified in the Bid or subsequently, the Contractor shall submit an acceptable substitute without entitlement to any change in Contract Price. After acceptance by the County of any particular Subcontractor or Rev. 12/22/11 GC-Page 24 of 44 General Conditions material supplier, the Contractor shall make no substitution without written approval of the County, which will not be unreasonably withheld. C. The Contractor is fully responsible to the County for the acts and omissions of its Subcontractors and material suppliers, and of persons either directly or indirectly employed by them. D. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor or material/equipment supplier and the County. E. Work performed for the Contractor by a Subcontractor, and materials and equipment provided by material/equipment suppliers will be pursuant to appropriate Contracts between the Contractor and the Subcontractor or supplier, which specifically binds the Subcontractor or supplier to the applicable terms and conditions of the Contract for the benefit of the County. 7.4 LABOR: A. The Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order at the Jobsite. B. The Contractor shall ensure that all key personnel, support personnel and other agents are fully qualified and capable to perform their assigned tasks. The County shall have the right to require the Contractor to remove personnel assigned at any level for their performance of the Work or conduct on the Jobsite. 7.5 REPORTING DISCREPANCIES: A. The Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. The Contractor shall promptly report in writing to the County any conflict, error, ambiguity, or discrepancy which the Contractor may discover and shall obtain a written interpretation or clarification from the County before proceeding with any Work affected thereby. B. The Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, the Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any law or regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any manufacturer/supplier, the Contractor shall immediately report it verbally to the County and provide written, along with a fully detailed explanation, within 48 hours of discovery. The Contractor shall not proceed with the Work affected thereby (except in an emergency) until receiving a written interpretation or clarification from the County. 7.6 PROJECT LAYOUT: A. The Contractor is responsible for laying out the Work based on the reference points provided by the County, and shall protect and preserve the established reference points and any property monuments existing prior to the start of the Work. The Contractor shall make no changes or relocations to these reference points or property monuments without the prior written approval of the County. B. The Contractor shall report to the County whenever any reference point or property monument is lost or destroyed or requires relocation. If such relocation is necessary due to changes in grade or Work location, the County will be responsible for their removal and relocation. If the reference point or property monument is lost or destroyed as a result of the Contractor’s operations, the Contractor shall be responsible for the accurate replacement or relocation of such reference point or property monument by a State of Florida Registered Professional Surveyor and Mapper. C. The Contractor shall furnish all labor, stakes, surveys, batter boards for structures, grade lines and other materials and supplies, as necessary and required for the Work, and shall set construction stakes and batter boards for establishing lines, position of structures, slopes and other controlling points necessary for the proper prosecution of the Work. Rev. 12/22/11 GC-Page 25 of 44 General Conditions 7.7 COORDINATION WITH OTHER CONTRACTORS: The Contractor shall coordinate the Work with other contractors that may be working in the Project vicinity performing other work. 7.8 EMERGENCIES: In emergencies affecting the immediate safety or protection of persons or the Work or property at the Jobsite or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. The Contractor shall give the County prompt Notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by or are required as a result of an emergency. 7.9 PATENT FEES AND ROYALTIES: The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. 7.10 SAFETY REPRESENTATIVE: The Contractor shall designate a qualified and experienced safety representative at the Jobsite whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 7.11 HAZARD COMMUNICATION PROGRAM: The Contractor shall be responsible for coordinating any exchange with the County of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employees at the Jobsite in accordance with laws or regulations. 7.12 RISK OF LOSS: Prior to the Final Completion and Acceptance of the Work by the County, risk of loss for the Work shall remain at the risk of the Contractor and said Contractor shall be required to repair, replace, renew and make good at the Contractor’s own expense all damages caused by force or violence of the elements or any cause whatsoever, provided however, that in such cases the Contractor shall be entitled to a reasonable extension of time within which to complete the Work, unless the delay is due to the negligence, fault, or omission of the Contractor. 7.13 PROTECTION AND RESTORATION OF PUBLIC AND PRIVATE PROPERTY: A. The Contractor shall be responsible for the preservation of all public and private property, and shall use every precaution necessary to prevent damage thereto. If any direct or indirect damage is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the Work on the part of the Contractor, or Subcontractors or agents, such property shall be restored by the Contractor, at the Contractor’s expense, to its original or better condition to that existing before the damage was done, or the Contractor shall make good the damage in another manner acceptable to the County. B. Should any claim be made by any adjacent property owner or occupant because of the performance of the Work, the Contractor shall promptly settle with such owners or occupants by negotiation or otherwise resolve the claim. C. Along the location of the Work, all sidewalks, streets, driveways, mailboxes, walks, lawns, landscaped areas, bushes, trees, shrubbery, irrigation systems and other above and below ground physical features shall be protected by the Contractor, and where disturbed or damaged, promptly restored to their original or better condition by use of similar or comparable materials. Fences, walls, and other features removed by the Contractor shall be replaced as soon as conditions permit. All grassed areas, which have been damaged by the Contractor, shall be re-graded, and sodded or seeded and mulched as directed by the County. D. Trees close to the Work shall be boxed or otherwise protected against injury. The Contractor shall trim all branches and roots that are liable to damage because of the Contractor’s operations, but in no case shall any tree be cut or removed without prior notification of the County. All injuries to bark, trunk, limbs and roots of trees shall be repaired by dressing, cutting, and painting according to approved methods, using only approved tools and materials. The Contractor shall abide by the County’s Tree Protection Ordinance. E. The protection, removal, replacement, and restoration of existing physical features along the line of Work shall be a part of the Work under the Construction Contract. Final acceptance will not be Rev. 12/22/11 GC-Page 26 of 44 General Conditions provided, and final payment will not be made until all public and private property has been restored to the satisfaction of the County. F. In case of failure on the part of the Contractor to promptly restore damaged property, or make good such damage or injury, the County may, after providing seven (7) days written notice to the Contractor, proceed to repair, rebuild or otherwise restore such property and the cost thereof will be deducted from any monies due or which may become due the Contractor under the Contract. G. Weather Conditions: Sarasota County is subject to severe weather conditions such as hurricanes, tropical storms, tornadoes, strong winds, heavy rains, lightning, and the like. It is the Contractor’s responsibility at all times to: (1) monitor current and developing weather conditions; (2) to develop and implement appropriate contingency plans to ensure proper storage of materials, supplies, and equipment, and (3) to secure the Project site so as to not endanger public health and safety, or public and private property. The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work, as required by the Contract Documents and all laws, codes, and standards. Contractor shall take all necessary precautions for the safety of, and protection to prevent damage, injury or loss to: 1) Persons on and adjacent to the Site. 2) The Work, including materials, supplies, and equipment incorporated therein. 3) Public and private property adjacent to the Site. 7.14 PROTECTION OF ENVIRONMENTAL RESOURCES: The Contractor shall comply with all applicable Federal, State, and local environmental laws and regulations. The environmental resources within and adjacent to the Jobsite (not impacted by permit), shall be protected during the entire period of the Work. The Contractor shall confine activities to areas defined by the Contract Documents. 7.15 PROTECTION OF HISTORIC AND ARCHEOLOGICAL RESOURCES: A. If historic or archeological resources are encountered during the Contractor’s operations, the Contractor shall notify the County immediately, stop Work in the area until directed to restart, and proceed as directed below. B. The Contractor shall comply with Sarasota County Ordinance #2004-073 and with the Historic Preservation chapter of Apoxsee: The Revised and Updated Sarasota County Comprehensive Plan. C. According to Florida Statutes Chapter 872, it is unlawful to disturb, vandalize, or damage a human burial. D. In such cases, the Contractor shall move to another area of the Work until the issue is resolved. 8.0 COUNTY’S RESPONSIBILITIES AND DUTIES 8.1 STATUS OF THE CONSTRUCTION PROJECT MANAGER: The Construction Project Manager shall be the authorized County representative with specific responsibilities and duties as defined by the County for management of specified portions of the Contract. 8.2 REVIEW AND APPROVAL OF THE WORK: The Contractor’s Work shall at all times be subject to the review, testing and approval of the County or authorized designee(s). The County shall decide any and all questions which may arise as to the quality and acceptability of the materials and equipment furnished, the Work performed, the rate of progress of Work, the conditions of the Jobsite, the maintenance of schedules, the interpretation of the Contract Documents through the County’s Administrative Agent, and all questions as to the acceptable performance of the Contractor relative to the requirements of the Contract Documents. 8.3 RESOLUTION OF DISCREPANCIES: In case of differences discovered and reported by the Contractor between the Construction Plans/Drawings and Technical Specifications, the County, through the Administrative Agent, shall make a determination whether the Construction Plans/Drawings or Technical Specifications represent the intent of the Contract, and such determination shall be communicated to the Contractor in writing. Should the County discover a discrepancy between the Construction Plans/Drawings and Technical Specifications, a written determination shall be provided to the Contractor. Rev. 12/22/11 GC-Page 27 of 44 General Conditions 8.4 RECOMMENDATION OF PROGRESS PAYMENTS: A. The County will evaluate the Contractor’s payment application and if in agreement, will sign the application indicating the County’s recommendation to pay the amounts shown. B. Should the County disagree with any item of Work shown on the application, the County will promptly return it to the Contractor for correction and re-submittal. C. Should the Contractor disagree with the County’s determination of Work completed and monies due, the Contractor may request approval of the Work items that are not in question by resubmitting the payment application and file a timely Claim in reference to items of disagreement. In such a case, the County shall recommend approval of the resubmitted payment application for only those items of Work recommended for payment. 8.5 INSPECTION AND EXAMINATION OF THE WORK: A. The County and/or authorized designee(s), shall have free access to the Work of the Contractor at any time for purposes of inspection and testing, and shall be reasonably assisted by the Contractor in conducting such inspections and testing of the Work performed and the nature of same. Such assistance of the Contractor shall, if necessary, include the uncovering, testing or removal of portions of finished Work. B. The County will not supervise, direct, control, or have authority over or be responsible for the Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the Contractor to comply with laws and regulations applicable to the performance of the Work. C. All materials and equipment shall be subject to inspection, examination and testing by the County at any time during manufacture, and at places where manufacturing of the materials and equipment is taking place. The County may reject defective materials and equipment during manufacture or before or after they have been incorporated into the Work. If the Contractor fails to replace defective Work or rejected materials and equipment, the County may replace such materials and equipment or correct such defective Work and charge the cost thereof to the Contractor. D. No final inspection, acceptance of Work, materials or equipment or final or interim acceptance of same by the County or certification of the Engineer/Architect of Record shall relieve the obligation of the Contractor to the County to do the Work in a good, workmanlike manner, and to furnish proper, specified equipment and materials, and to perform properly all terms and any obligations of the Contract. 8.6 PROJECT REPRESENTATIVE/INSPECTOR: The Construction Project Manager’s duly authorized onsite Project Representative (PR), or the County’s duly authorized Inspector may be assigned to the Project, or any part thereof, at any time. The presence or absence of the RPR/Inspector does not lessen the responsibility of the Contractor to perform the Work in accordance with the Contract Documents. In case of dispute between the Contractor and the PR/Inspector as to materials furnished, or the manner and method of performing the Work, the PR/Inspector has authority to reject materials or Work, and to stop the Work until the issue can be referred to, and decided by the County. The PR/Inspector is not authorized to revoke, alter, enlarge, relax, release, or amend any of the Contract requirements, nor to issue any instructions on, nor to approve or accept any portion of the Work, or materials, or equipment; nor are any of his/her actions, authorized or unauthorized, to be so construed. 8.7 RIGHT TO REJECT DEFECTIVE WORK: A. The County has the authority to reject Work which the County believes to be defective, or that the County believes will not produce a completed Work that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Work as a functioning whole as indicated by the Contract Documents. The County also has authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. Prompt notice of all defective Work of which the County has actual knowledge will be given to the Contractor. Rev. 12/22/11 GC-Page 28 of 44 General Conditions 8.8 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES: A. The Contractor shall submit Shop Drawings, product data sheets, and samples to the County for review and acceptance in accordance with the approved Schedule of Submittals. 1) Shop Drawings: Submit number of copies specified in the Contract Documents. The Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the services, materials, and equipment the Contractor proposes to provide and to enable review of the information as required for approval. 2) Product Data: Submit number of product data sheets specified in the Contract Documents. The data sheets shall include standard printed information on materials, products, and systems not custom prepared, from which selections can be designated by the Contractor. Information shall include product dimensions, tolerances, manufacturer’s recommendations for application and use, compliance with standards, and other information indicating that the material, product, or system meets or exceeds the Technical Specifications requirements. 3) Samples: Submit number of samples specified in the Contract Documents. Clearly identify each sample as to material, supplier, pertinent data such as catalog numbers, the use for which intended and other data as the Engineer/Architect of Record may require, enabling review of the information as required for approval. B. Where a Shop Drawing, product data sheet, or sample is required by the Contract Documents or the Schedule of Submittals, any related Work shall not be performed by the Contractor until the review and approval process of the pertinent submittal is complete. Shop Drawings, product data sheets, and samples submittals will be at the sole expense and responsibility of the Contractor. C. The Engineer/Architect of Record will review, or take other appropriate action on submittals only for the limited purpose of checking for conformance with the information provided to the requirements of the Contract Documents. The Contractor shall be responsible for the adequacy of the performance of the materials and equipment submitted. D. Submittal Procedures: 1) Before submitting each Shop Drawing, product data sheet, and sample, the Contractor shall have determined and verified: a. All field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto. b. The suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work. c. All information relative to the Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. d. The review and coordination of each Shop Drawing, product data sheet, or sample with other Shop Drawings, product data sheets, and samples and with the requirements of the Work and the Contract Documents. 2) Each submittal shall bear a stamp or specific written certification that the Contractor has satisfied its obligations under the Contract Documents with respect to the Contractor’s review and approval of that submittal. 3) With each submittal, the Contractor shall give the County specific written notice of any variations, that the Shop Drawing, product data, or sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing, product data sheet, or sample submittal; and, in addition, by a specific notation made on each Shop Drawing, product data sheet, or sample submitted to the County for each such variation. E. Re-submittals: The Contractor shall make corrections required and shall return the required number of corrected copies of Shop Drawings and product data; and submit, as required, new samples for review and approval. The Contractor shall direct specific attention in writing to revisions other than the corrections called for on previous submittals. Rev. 12/22/11 GC-Page 29 of 44 General Conditions 8.9 “OR EQUAL” AND SUBSTITUTIONS: A. “Or Equal” Items: Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the specification or description is intended to establish the type, function, appearance, and quality of the material or equipment required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other suppliers may be submitted to the County for review under the following circumstances: 1) “Or-Equal” Items: If in the County’s sole discretion an item of material or equipment proposed by the Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by the County as an “or-equal” item, in which case review and approval of the proposed item may, in the County’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. A proposed item of material or equipment will be considered functionally equal to an item so named if: a. It is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics. b. It will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Work as a functioning whole. c. It has a proven record of performance and availability of responsive service. 2) The Contractor certifies that, if approved and incorporated into the Work: a. There will be no increase in cost to the County or increase in Contract Times, and b. It will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Substitute Items: 1) If in the County’s sole discretion an item of material or equipment proposed by the Contractor does not qualify as an “or-equal” item, it may be considered a proposed substitute item or it may be rejected entirely. 2) The Contractor shall submit sufficient information as provided below to allow the County to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefore. Requests for review of proposed substitute items of material or equipment will not be accepted by the County from anyone other than the Contractor. 3) The requirements for review by the County will be as set forth below, as may be supplemented elsewhere in the Contract Documents, and as the County may decide is appropriate under the circumstances. 4) A substitute will not be considered by the County unless there is an associated reduction in cost for its use. 5) The Contractor shall make written application to the County for review of a proposed substitute item of material or equipment that the Contractor seeks to furnish or use. The application shall include the following: a. The Contractor shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design; be similar in substance to that specified; and be suited to the same use as that specified. b. The Contractor will state the extent, if any, to which the use of the proposed substitute item will prejudice the Contractor’s achievement of Substantial Completion on time; whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the County for other work on the Project) to adapt the design to the proposed substitute item; and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; c. The Contractor will identify all variations of the proposed substitute item from that specified; provide information on available engineering, sales, maintenance, repair, Rev. 12/22/11 GC-Page 30 of 44 General Conditions and replacement services; and shall contain an itemized estimate of all credits that will result directly or indirectly from use of such substitute item. 6) Special Warranty and Guarantee: The County may require the Contractor to furnish at the Contractor’s expense a special performance warranty and guarantee with respect to any substitute accepted by the County. C. COST REIMBURSEMENT: The County will record costs of evaluating a substitute proposed or submitted by the Contractor. Whether or not the County approves a substitute item so proposed or submitted by the Contractor, the Contractor shall reimburse the County for the charges of evaluating each such proposed substitute. The Contractor shall also reimburse the County for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with the County) resulting from the acceptance of each proposed substitute. D. CONTRACTOR’S EXPENSE: The Contractor shall provide all data in support of any proposed “or equal” or substitute at the Contractor’s expense, and shall have no claim for additional cost or time should the item be rejected. E. The County’s approval or rejection of any “or equal” or substitute item submitted by the Contractor is final. 8.10 CLAIMS: All Contractor claims shall be submitted to the County for evaluation, review, and recommendation to the County. Claims must be filed in accordance with Article 12 of these General Conditions. 8.11 RECOMMENDATION OF SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. Upon receipt of a written request by the Contractor, the County shall schedule and conduct a Substantial Completion inspection. Should the County determine that the Work is Substantially Complete, the County will prepare and sign a Certificate of Substantial Completion in accordance with Article 13 of these General Conditions. B. Upon receipt of a written request by the Contractor, the County shall schedule and conduct a Final Completion inspection. Should the County determine that the Work is complete and ready for the County’s acceptance, the County will prepare and sign a Final Completion and Acceptance Certificate in accordance with Article 13 of these General Conditions. 8.12 COOPERATION: The County shall endeavor to cooperate with the Contractor to achieve successful completion of the Work. The County will promptly respond to requests for information and Construction Document interpretations; and will make all reasonable efforts to work with the Contractor to resolve any Claims or disputes. 8.13 AVAILABILITY OF LANDS FOR WORK: A. The County represents that it owns the lands, or is permitted to perform work on and over the land, upon which the Work is to be constructed. Upon request of the Contractor, the County shall furnish copies of available land surveys of the Jobsite. Permanent easements for permanent structures or utilities, and temporary easements shall be secured and paid for by the County. B. The County shall notify the Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Jobsite with which the Contractor must comply in performing the Work, including any permit conditions required under any Federal, State, and local permit obtained by the County for the Work. C. The Contractor shall provide all necessary additional land required for the erection of temporary construction facilities and storage of materials and equipment, together with right of access to the same. 8.14 SURVEY/PROJECT CONTROLS: A. The County shall provide Construction Plans/Drawings based on surveys establishing both horizontal and vertical reference points, which in the Engineer/Architect of Record’s/County’s judgment are necessary to enable the Contractor to layout the Work. Rev. 12/22/11 GC-Page 31 of 44 General Conditions B. The Contractor shall be responsible for laying out the Work based on the reference points provided, shall protect and preserve the established reference points and any property monuments existing prior to the start of the Work, and shall make no changes or relocations without the prior written approval of the County. 9.0 WORK BY OTHERS 9.1 CONSTRUCTION BY THE COUNTY OR BY SEPARATE CONTRACTORS: A. The County reserves the right to perform construction or operations related to the Project with the County’s own forces, or under separate contracts with other contractors. The Contractor shall have no claims for delay or additional cost involved due to such actions by the County. B. The County shall be responsible for and provide coordination of the activities of the County’s own forces and other contractors with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other contractors and the County in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after joint review and mutual agreement. This construction schedule shall then constitute the schedules to be used by the Contractor, the County’s own work force, and separate contractors unless subsequently revised. C. Work in the Project area may also be performed by utility owners repairing or relocating their existing facilities or constructing new facilities. The Contractor shall coordinate his Work with that of these utility owners and cooperate with them fully. D. The County will endeavor to provide sufficient written notice to the Contractor prior to starting any such work by others. E. The Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and the County’s forces, proper and safe access to the Jobsite, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. F. If the proper execution or results of any part of the Contractor’s Work depends upon work performed by others, the Contractor shall inspect such other work and promptly report to the County in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the Contractor’s Work. The Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with the Contractor’s Work except for latent defects and deficiencies that may be later discovered in such other work. 10.0 COST OF THE WORK 10.1 LUMP SUM WORK: A. Where the Contract Documents provide that all or part of the Work is to be Lump Sum Work, the Contract Price will be deemed to include an amount equal to the sum of all the items appearing in the Bid Form as “Lump Sum.” B. At the pre-construction conference, the Contractor will be required to submit a Schedule of Values which breaks down the Lump Sum items into smaller components as approved by the County, and includes the cost of each component. The Schedule of Values, which requires approval by the County, will be used to review and approve the Contractor’s progress payments based on the approved Work performed on each component of the Lump Sum item in the previous month. C. Each Lump Sum item will be deemed to include an amount considered by the Contractor to be adequate to cover the Contractor’s total expenses required to complete each such item on the Bid Form, including all overhead, profit, and direct and indirect expenses for each such identified item. 10.2 UNIT PRICE WORK: A. Where the Contract Documents provide that all or part of the Work is to be Unit Price work, initially, the Contract Price will be deemed to include an amount equal to the sum of all the unit prices bid for each separately identified item times the estimated quantity of each item as indicated in the Bid Form. Rev. 12/22/11 GC-Page 32 of 44 General Conditions B. The estimated quantities of items of Unit Price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price work performed by the Contractor will be made by the County, and based on the approved actual quantities installed in the Work. C. Each Unit Price will be deemed to include an amount considered by the Contractor to be adequate to cover the Contractor’s total expenses required to complete each item on the Bid Form, including all overhead, profit, and direct and indirect expenses for each separately identified item. D. The Contractor shall not be allowed an adjustment in the Contract Price if the quantity of any item of Unit Price work performed by the Contractor differs materially and significantly from the estimated quantity of such item indicated in the Bid Form. E. Final payment will be issued as recommended by the County, to reflect actual amounts due the Contractor for approved Work covered by Unit Prices, and the final Contract Price shall be correspondingly adjusted. 10.3 ALLOWANCES: A. It is understood that the Contractor has included in the Contract Price all allowances shown in the Bid Form and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to the County. B. The allowances indicated on the Bid Form and as defined in the Contract Documents, include the cost to the Contractor of materials and equipment required by the allowances to be delivered to the Jobsite, all applicable taxes, and the Contractor’s costs for unloading and handling at the Jobsite. It is also agreed that all labor, equipment and installation costs, as well as overhead, profit, and other expenses contemplated for the Work have been included in the Contract Price, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: The Contractor agrees that contingency allowance items, as defined in the Contract Documents, are for the sole use of the County. D. Final payment will be issued as approved by the County to reflect actual amounts due the Contractor on account of Work covered by allowances, and the final Contract Price shall be correspondingly adjusted. 11.0 CHANGES, DELAYS, AND TIME EXTENSIONS 11.1 CHANGES IN THE WORK: A. AUTHORIZED CHANGES IN THE WORK: 1) Without invalidating the Contract and without notice to any surety, the County may, at any time or from time to time, order additions, deletions, or revisions in the Work by issuance of a Contract Modification. Upon receipt, the Contractor shall sign the Contract Modification and proceed with the Work involved, which will be performed under the applicable conditions of the Contract. 2) If the Contractor is unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that is allowed by the Contract Modification, a Claim may be made as provided in Article 12 of these General Conditions. B. UNAUTHORIZED CHANGES IN THE WORK: 1) The Contractor shall not make any changes or substitutions in the Work without the express written consent of the County, and only after evaluation by the County in accordance with the Contract Documents. 2) The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented by an executed Contract Modification, except in the case of an emergency. Rev. 12/22/11 GC-Page 33 of 44 General Conditions C. MINOR VARIATIONS TO THE WORK: The County may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Work as a functioning whole as indicated by the Contract Documents. These minor variations shall be accomplished by the Contractor, who shall perform the work involved promptly. 11.2 INTERIM FIELD CHANGE AGREEMENT (IFCA)/CONTRACT AMENDMENT: A. A Contract Modification will either be an IFCA or a Contract Amendment, depending on whether the Contract Price stipulated in the Construction Contract will be exceeded or not. 1) An IFCA will be issued for changes within the general Scope of the Work that will not exceed the Contract Price. Once the IFCA is signed by the County and the Contractor, the Contractor shall promptly proceed with the Work involved. 2) A Contract Amendment will be issued for changes in the Scope of Work or any change that will increase the Contract Price. The County, with the Contractor’s input, will determine the extent of adjustment to Contract Price and Contract Times and will prepare the Contract Amendment. The Contract Amendment shall be signed by the Contractor and approved by the County. B. The IFCA/Contract Amendment will include a detailed description of the Work covered under the Contract Modification, and any adjustments in the Contract Price or Contract Times, or both which are agreed to by the parties. The IFCA/Contract Amendment may also include supporting data detailing the costs associated with the change in the Work. C. Except in an emergency endangering life or property, no changes in the Work shall be performed by the Contractor unless a properly executed IFCA or Contract Amendment is received by the Contractor. 11.3 CHANGE IN CONTRACT PRICE: A. The County, without invalidating the Contract, may order extra work or make changes by altering, adding to, or deducting from the Work; the Contract Price being adjusted accordingly. All such work shall be performed under the conditions of the Contract. B. For any such changes in the Work, a Contract Modification shall be prepared and authorized as above described. C. The value of any such changes in the Work, whether by additions or deletions in the original scope of the Work, shall be determined in one or more of the following ways: 1) By established Contract Unit Price. 2) By an agreed upon Unit Price if the item of Work is not included in the Bid Form. 3) By an agreed upon Lump Sum price. 4) By the Cost-Plus method described below. D. Cost-Plus: In the event that unit prices are not available, or a lump sum price cannot be agreed upon, then the value of the change in the Work shall be determined by the following cost items during their time of use in completing the change in the Work: 1) Labor costs, including foremen, but excluding superintendent and overhead and profit. 2) Materials or equipment entering permanently into the work. 3) Construction plant and equipment (owned or rented). 4) Power and consumable supplies for the operation of power equipment. 5) Insurance, Social Security, retirement and unemployment contributions. 6) A fixed Contractor’s fee in the form of a percentage applied to the above items. E. Labor and equipment costs under the Cost-Plus method shall be determined from the Labor and Equipment Rate Schedule provided by the Contractor at the start of Work on or about the date of the pre-construction conference. The Labor and Equipment Rate Schedule shall exclude overhead and profit. F. Contractor’s Fee: The Contractor’s fee for overhead and profit under the Cost-Plus method shall be determined as follows: 1) A mutually acceptable fixed fee, or Rev. 12/22/11 GC-Page 34 of 44 General Conditions 2) Based on the following percentages: a. For Work performed by the Contractor’s work force: ten (10%) percent. b. For Work performed by a Subcontractor, regardless of tier: fifteen (15%) percent. c. Maximum Contractor’s fee for overhead and profit under the Cost-Plus method: 15% G. The amount of credit to be allowed under the Cost-Plus method by the Contractor to the County for any change in the Work which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in the Contractor’s fee by an amount equal to ten (10%) percent of such net decrease. H. When both additions and credits are involved in any one change in the Work under the Cost-Plus method, the adjustment in the Contractor’s fee shall be computed on the basis of the net change in the costs. I. 11.4 The value of the changes in the Work shall be determined at the time that the IFCA or Contract Amendment is authorized and agreed upon. No change in the Work shall proceed until a fully signed and authorized IFCA or Contract Amendment is received by the Contractor. CHANGE IN CONTRACT TIMES: A. Time extensions for changes in the Work or allowable delays, will depend upon the extent, if any, by which the changes or delays cause additional time in the completion of the critical path elements of Work as shown on the most current Construction/Progress Schedule. The IFCA/Contract Amendment granting the time extension may provide that the Contract Time be extended only for those specific elements so delayed. The remaining Contract completion dates for all other portions of the Work will not be altered. Approved time extensions will provide for an adjustment of Contract Times under the resulting revised Construction/Progress Schedule. B. The Contract Times may only be changed by an IFCA or a Contract Amendment. C. If the Contractor does not agree with the Contract Times adjustment approved by the County, the Contractor may make a written Claim, provided the Claim is timely and submitted in accordance with the provisions of Article 12 of these General Conditions. 11.5 DELAYS AND TIME EXTENSIONS: A. No Claims for Delays: 1) No claim for damages or any claim other than for an extension of Contract Times shall be made or asserted against the County by reason of any delays caused by the County or others. 2) The Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from the County for direct, indirect, consequential, impact or other costs, expenses, or damages, including but not limited to cost of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause. 3) This provision shall not preclude recovery of damages by the Contractor for hindrances or delays due solely to bad faith or willful, malicious, or grossly negligent conduct on the part of the County or its agents. B. Delay Claims: No extension of Contract Times shall be granted by the County unless a timely Claim is made by the Contractor in writing to the County within seven (7) days of the event or incident causing the delay. The Contractor shall demonstrate in its Claim the impact on the critical path of the Construction/Progress Schedule to justify the extension of time requested. Any identified float is not time for the exclusive use or benefit of either the County or the Contractor. Extensions of time for performance may be granted by the County only to the extent that equitable time adjustments for the activity or activities affected exceed the total float. Such justification must be submitted, in writing, within fifteen (15) days of the Claim. If the Contractor can, or could have moved to another part of the Work without affecting the Construction/Progress Schedule’s critical path, a time extension will not be granted by the County. 1) Delays by the County: If the Contractor should be delayed at any time in the progress of the work by any act or neglect of the County or its agents or employees, or by any other contractor employed by the County, or by utility owners, or by changes ordered in the Work, or by fire, unusual delay in transportation, unavoidable casualties or by delay authorized by Rev. 12/22/11 GC-Page 35 of 44 General Conditions 2) 3) 4) 5) 6) 7) 11.6 the County pending mediation, or by any cause which the County determines justifies the delay, then the time of completion may be reasonably extended by the County. Utility Conflicts: The Contractor may be granted an extension of time for delays caused by utility conflicts discovered during the prosecution of the Work, provided a timely Claim is submitted, and the Contractor was unaware of such potential conflict. If, however, the potential conflict was shown on the Construction Plans/Drawings and the Contractor failed to uncover the potential conflict ahead of the Work, the Claim for additional time will not be granted. Rain Delays: Reasonable extensions of time, as determined by the County, will be granted to the Contractor for time lost due to rainfall over and above the norm for the County, based on U.S. Weather Bureau statistics. If the Contractor can show that the rain caused additional delays at the Jobsite beyond the actual rain events, additional time extensions may be granted. Force Majeure: The Contractor will be granted a reasonable time extension for a Force Majeure occurrence: an unexpected event that crucially affects the Contractor’s ability to perform the Work, and includes forces of nature (Act of God), such as natural fires, floods, hurricanes, tornados, epidemics; or an event beyond the Contractor’s control, such as major workers strikes, government shut down; or other major catastrophic events. Except as otherwise expressly provided herein, neither party shall be liable for any delay due to causes not reasonably within its control, including but not limited to, acts of civil or military authority, including courts and regulatory agencies, acts of God, war, riot or insurrection, inability to obtain required construction permits, blockades, embargoes, sabotage, epidemics, fires, floods, strikes, lockouts or other labor difficulties, provided such labor difficulties do not arise from inequitable labor practices. In the event of any delay resulting from such causes, the time for performance hereunder shall be extended for a period of time reasonably necessary to overcome the effect of such delays. This shall constitute the sole remedy to either party in the event of such delays. Time Extension Only: Should the Contractor be delayed in the commencement, prosecution or completion of the work by the act, omission or default of the County, or anyone employed by them on the Project, or utility owners or other contractors, or the results of differing subsurface or physical conditions, or the discovery of hazardous environmental conditions, then the Contractor may submit a Claim for an adjustment of Contract Times if justified and as approved by the County, and there shall be no damages for delays. Contractor Delays: The Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of the Contractor. Delays attributable to and within the control of a Subcontractor or supplier shall be deemed to be delays within the control of the Contractor. Delay of Other Projects: The County shall not be liable to the Contractor for any claims, costs, losses, or damages, including reasonable attorney’s fees, and court costs sustained by the Contractor on or in connection with any other project or anticipated project resulting from delays of any kind. NOTICE TO SURETY: When required, it is the Contractor’s responsibility to provide notice to its Surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Times, and to ensure that the amount of the applicable Performance and Payment Bond be adjusted accordingly. A. IFCA: The Contractor shall furnish proof of notice to Surety of an adjustment to the Contract Times by providing the County with a copy of a letter confirmation from the Surety within fifteen (15) days following the issuance of the IFCA affecting the change. B. Contract Amendment: The Contractor shall furnish, with the executed Contract Amendment, a performance and payment bond rider, or similar instrument approved by the County, signed by an authorized Surety representative, in the amount of any addition to the Contract Price affected by the Contract Amendment. Rev. 12/22/11 GC-Page 36 of 44 General Conditions 12.0 CLAIMS AND DAMAGES 12.1 TIME OF CLAIM: A. No claim of the Contractor shall be allowed by the County unless: 1) The Contractor has given written notice to the County within seven (7) Days of the incident arising to the Claim. 2) Within fifteen (15) Days after the Contractor has given the written Notice, the Contractor shall submit to the County a detailed claim setting forth the Contractor's justification for adjustments in Contract Price, Contract Times, or both, or other matters in dispute or question, in accordance with the Contract. B. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment has been made under the Contract. 12.2 VALUE OF CLAIM: A. The value of a Claim will be limited to only those additional or incremental costs required because of any change in the Work. Such costs shall be in amounts no higher than those prevailing in the locality of the Work. B. The procedure for determining the value of the Claim shall be as set forth in Article 11 – Changes, Delays, and Time Extensions. 12.3 CLAIM FORM: A. The responsibility to substantiate a Claim shall rest with the party making the Claim. B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of the event or events giving rise to the Claim. C. Documentation: The Contractor will provide a narrative of the basis of the Claim, including all details and supporting documentation relating to the Claim. The Contractor shall establish and maintain records of all such details and documentation in accordance with generally accepted accounting practices and submit this information, along with any associated itemized cost breakdown and/or time adjustment calculations, in a form acceptable to the County. 12.4 CLAIMS FOR CONTRACT PRICE AND CONTRACT TIMES ADJUSTMENT: A. A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 11.3 above. B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 11.4 above. 12.5 CONTINUATION OF THE WORK: The Contractor shall carry on the Work and adhere to the Construction/ Progress Schedule during all disputes, claims, or disagreements with the County. No Work shall be delayed or postponed pending resolution of any disputes, claims, or disagreements, except in the case where Work is stopped by the County in accordance with the Contract, or as the County and the Contractor may otherwise mutually agree in writing. 12.6 COUNTY’S ACTION: A. The County will review each Claim and, within fifteen (15) days after receipt of the last submittal of the Contractor, take one of the following actions in writing: 1) Deny the Claim in whole or in part setting forth the reasons for the decision. 2) Suggest a compromise between the parties. 3) Recommend approval of the Claim, and prepare an IFCA or Contract Amendment adjusting the Contract Price, or Contract Times, or both for the County’s approval. 4) Notify the parties that the County is unable to resolve the Claim. For purposes of further resolution of the Claim, such notice shall be deemed a denial. Rev. 12/22/11 GC-Page 37 of 44 General Conditions 5) In the event that the County does not take action on a Claim within said fifteen (15) days, the Claim shall be deemed denied. B. The County’s written action, or inaction will be final and binding upon the Contractor, unless the Contractor invokes the dispute resolution procedure set forth in the Construction Contract within thirty (30) days of such action, inaction, or denial. C. At its sole discretion, the County may deny the Claim in whole or in part. If such action is taken, the County shall provide written notice, with a copy to the Contractor, setting forth the reasons for such the County’s decision. The County’s written action will be final and binding upon the Contractor, unless the Contractor invokes the dispute resolution procedure set forth in the Construction Contract within thirty (30) days of such action. 13.0 PAYMENTS TO CONTRACTOR AND COMPLETION 13.1 GENERAL: A. On or about the day of the month agreed to at the pre-construction conference, but not more often than once a month, the Contractor may submit for the County’s review, a payment application covering the work completed the previous month up to the date of the application. The progress payment application shall be submitted on the form prescribed and approved by the County. B. Contractor’s Warranty of Title: The Contractor warrants and guaranties that title to all work, materials and equipment covered by any application for payment, whether incorporated in the Work or not, will pass to the County at the time of payment, free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as “Liens”). The Contractor will not sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion of it, or of rights, title, or interest therein without the express written consent of the County. 13.2 SUPPORTING DOCUMENTATION: A. As-Builts: The Contractor shall maintain a set of as-built drawings at the Jobsite. At the time payment application is made, the County shall review the as-built drawings to ensure they are current, accurate, and reflect all changes in the Work as of the date of the application. The County may withhold payment if the as-built drawings have not been maintained by the Contractor in accordance with the Contract Documents. B. Schedule of Values: The Contractor shall submit the approved Schedule of Values with each progress payment application, indicating the amount of work completed for the previous month on the various components of the Lump Sum Bid Items. The County will review the Schedule of Values for accuracy, and, if in agreement, shall recommend payment. C. Construction/Progress Schedule: With each payment application, the Contractor shall submit an updated Construction/ Progress Schedule using Primavera compatible scheduling software for review and approval by the County. The County may withhold payment if the Contractor fails to submit an updated and approved Construction/Progress Schedule. Should the schedule show that the Contractor is lagging behind the initial (baseline) schedule approved at the start of construction, the County may withhold additional sums as indicated on the “Retainage Table Guidelines” below. D. Release of Liens: Beginning with the second application for payment, the Contractor shall furnish an affidavit stating that all laborers, material and equipment suppliers, and Subcontractors have been paid for Work covered by all previous months’ applications for payment and shall obtain a partial or complete Release of Lien, as may be necessary, properly executed by all laborers, material and equipment suppliers, and Subcontractors sufficient to secure the County from any claims whatsoever arising out of the Work. 13.3 PROGRESS PAYMENTS: Progress Payments will be made once a month as Work progresses. Said payments will be based upon estimates prepared by the Contractor and approved by the County, of the value of the work performed and materials delivered. Any payment application not approved by the County shall be promptly returned to the Contractor for correction and re-submittal. The payment applications shall be submitted with all required documentation specified in the Contract Documents. Payment applications shall be prepared by the Contractor and submitted to: Sarasota County Public Rev. 12/22/11 GC-Page 38 of 44 General Conditions Works, 1001 Sarasota Center Boulevard, Sarasota, FL 34240, through the County’s web-based contract management software. Should the web-based program be off-line for any length of time, the payment application may be mailed or hand delivered to: Sarasota County Public Works, 1001 Sarasota Center Boulevard, Sarasota, FL 34240 Attn: Project Manager. The Contractor shall contact the County to coordinate access to the website and training on the use of the County’s contract management software. 13.4 PAYMENT FOR STORED MATERIALS: If requested by the Contractor, progress payments may be made to the extent of the delivered cost of materials to be incorporated in the Work, provided the materials are identified in the Bid Form, sufficiently covered from loss by appropriate property insurance, and meet the requirements of the Construction Plans/Drawings and Technical Specifications when delivered to the Jobsite or stored in an acceptable storage location off-site. The Contractor shall submit a “Stored Materials Affidavit” on the form prescribed, for materials for which payment is sought. In any event, progress payments for materials on hand shall not exceed the price of the item bid, and shall not be made without an invoice marked “PAID” and acceptable to the County. 13.5 RETAINAGE: From the total of the amounts ascertained as payable, an amount as indicated in the “Retainage Table” below will be deducted and retained by the County until completion of the entire Contract in an acceptable manner, unless otherwise released by the County in accordance with the Contract Documents. The balance, less all previous payments, shall be certified by the Contractor and recommended by the County for payment. Retainage Table % of Contract Amount ($) Earned Value of Contract Total Retainage at Substantial Completion* 0 to < 25 % Retained** 25 to < 50 % Retained** 50 to Substantial Completion % Retained** Less than $1M 10% 10% 5.0% 5.00% >$1M to <$5M 5% 5% 2.5% 2.50% >$5M 5% 5% 2.5% 2.50% * Provided Work has been performed within the Contract Times. ** The cost for deficient work that is not corrected may be estimated at an amount of up to one and one half (1.5) times the value of the work, and may be withheld in addition to the retainage amounts shown in the above table. 13.6 COUNTY MAY WITHHOLD PAYMENTS: A. The County may reduce or withhold payments in the amounts and to such extent as may be necessary to protect itself from loss for which the Contractor is responsible, including: 1) Defective Work not remedied. 2) Third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the County is provided by the Contractor. 3) Failure of the Contractor to make payments to Subcontractors or material or equipment suppliers. 4) Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. 5) Damage to the County or a separate contractor. 6) Reasonable evidence that the Work will not be completed within the Contract Times, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay. 7) Repeated failure to carry out the Work in accordance with the Contract Documents. 13.7 LIQUIDATED DAMAGES: A. For each Day any work remains uncompleted after the Contract Times specified, the sum of money per day specified as liquidated damages in the Construction Contract will be deducted from any money due the Contractor. The Contractor will not pay liquidated damages for days in which an Rev. 12/22/11 GC-Page 39 of 44 General Conditions extension of time was granted pursuant to an approved IFCA or Contract Amendment. Allowing the Contractor to finish any of the Work after the Contract Times, including time extensions, does not waive the County’s rights under the Contract. B. Additional County Expense: Should the Contractor fail to complete the Work within the specified Contract Times, it is agreed that for each day of overrun until final completion, all costs of construction management supervision and inspection furnished by the County shall be at the costs of the Contractor and/or his Surety. Such construction management costs shall be considered to be equal to the job payroll of the County plus 150 percent thereof for overhead, plus on-the-job mileage. Such costs will be deducted from monies due the Contractor at final payment. The amount of such expenses shall be construed to be in addition to other damages that might be assessed by the County. 13.8 PROMPT PAYMENT: The County shall pay the Contractor through payments issued by the Sarasota County Clerk of Courts in accordance with the Local Government Prompt Payment Act, Section 218.70 F.S., upon receipt of the invoice approved by the County and with written approval by the County’s Administrative Agent or his assigned designee indicating that the services have been rendered in conformity with this Contract. The Contractor shall submit an invoice for payment on a monthly basis for those specific services that were completed during the invoicing period, as described in the Bid Form or as listed on the approved Schedule of Values. 13.9 SUBSTANTIAL COMPLETION: A. When the Contractor considers the entire Work, or a portion thereof (see GC 6.8), ready for its intended use, the Contractor shall notify the County in writing that the Work is substantially complete, listing items of work remaining to be completed by the Contractor (Punch List), and request that the County schedule a Substantial Completion inspection. B. Promptly after the Contractor’s notification, the County and the Contractor, shall make an inspection of the Work to determine the status of completion. C. Should the County discover major Work items left uncompleted, or defective Work requiring correction or removal and replacement, the County shall discontinue the inspection, notify the Contractor of the deficiencies observed, and advise the Contractor to re-schedule the Substantial Completion inspection and of potential additional costs which may be incurred. D. If uncompleted or defective Work is discovered during the initial inspection, the Contractor shall promptly complete the Work, and if required, remove from the Jobsite any and all materials and Work rejected by the County as failing to conform to the Contract Documents, whether incorporated into the work or not. The Contractor shall promptly replace the defective Work in accordance with the Contract Documents without expense to the County, including bearing the costs of making good all work by others damaged or destroyed by the Contractor’s removal and replacement of such defective Work. E. If the County considers the Work substantially complete with only minor corrections, adjustments, and clean-up items remaining, the County will prepare, sign, and date the Certificate of Substantial Completion, which shall fix the date of Substantial Completion. The County shall prepare a tentative list of items to be completed or corrected for final completion of the Project (Punch List), and attach the list to the Certificate. The items noted at the time of Substantial Completion should not be considered as all inclusive of the necessary actions required by the Contractor to achieve Final Acceptance and Completion. The Contractor and the County shall likewise sign the Certificate of Substantial Completion. F At the time of preparation of the Certificate of Substantial Completion, the County will deliver to the Contractor a written recommendation as to division of responsibilities pending final completion, acceptance, and payment between the County and the Contractor with respect to security, operations, safety, protection of the Work, maintenance, heat, utilities, insurance, and warranty and guarantee issues. These recommendations, once agreed upon by the County and the Contractor, shall be incorporated into the Certificate of Substantial Completion. G. Substantial Completion shall be achieved within the Contract Time stipulated for Substantial Completion of the Work, including approved time extensions. Rev. 12/22/11 GC-Page 40 of 44 General Conditions H. Provided Substantial Completion is reached by the Contractor in a timely manner, and based on the value of the work remaining, the Contractor may submit a payment application requesting a reduction in retainage, prior to Final Completion and Acceptance. The County will review the request, and based on the value of work remaining, make a recommendation to release a portion of the retainage, while allowing sufficient funds to remain with which to complete the Work. The County may accept or reject this recommendation, based solely on its discretion, and information which may become available to the County, which may warrant withholding a larger portion or all of the retainage. I. The County shall have the right to exclude the Contractor from the Jobsite after the date of Substantial Completion subject to allowing the Contractor reasonable access to complete or correct items on the Punch List. 13.10 FINAL INSPECTION: A. When the Contractor has completed the Work and has provided all as-built information to the County in compliance with the Contract Documents, the Contractor shall notify the County in writing that the Work is ready for final inspection. The County will then advise the Contractor as to the arrangements for final inspection and what is required to prepare the Work or a portion thereof for final inspection. When the County determines the Work or portion thereof is ready for final inspection, the County and the Contractor shall perform the final inspection. Upon completion of the final inspection, the County will prepare a list of defects, if any, of either commission or omission by the Contractor reasonably observable and determined under the conditions governing and restricting said final inspection. When all such defects have been corrected, a final re-inspection will be made. The process will be repeated until, in the opinion of the County, the Work has been completed in compliance with the Contract Documents as can best and reasonably be observed and determined under the conditions governing and restricting said final inspection. The County will then, pursuant to such inspection and re-inspection(s) (if required), certify as to completion of final inspection. It is understood that the certification covers only those items which can be physically inspected and that the County’s certification indicates compliance within the standards of the construction industry as interpreted by the County. B. Should the final re-inspection find items not completed from the list of defects prepared as part of the final inspection, the Contractor shall be responsible for all additional construction management and inspection costs associated with correcting the items on the list of defects. The additional costs shall include construction management supervision and inspection furnished by the County required following the first re-inspection of the Work. Such construction management costs shall be considered to be equal to the job payroll of the County staff performing the re-inspections plus 150 percent thereof for overhead, plus on-the-job mileage. Such costs will be deducted from monies due the Contractor at final payment. 13.11 FINAL ACCEPTANCE: A. When the County recommends that the Work has been fully completed and all supporting documents required under the Contract Documents have been submitted and approved, the Contractor may make request for final payment. With the request for final payment, the Contractor shall furnish satisfactory evidence to the County that the Contractor has fully paid all claims for labor, materials, and equipment incurred in connection with the Work. The Contractor shall provide all evidence and supporting documentation required by the Contract Documents to assure the County of complete compliance with all terms of the Contract. Such supporting documentation shall include extended insurance and bond coverage, as-built drawings, operations and maintenance manuals, system diagrams, warranties and guaranties and special warranties and guarantees, and other documents all as required under the Contract. When the County has satisfied itself as to compliance with the terms of the Contract and has recommended final completion, the County will notify the Contractor of final acceptance. B. Final acceptance of the Work will be evidenced by the “Final Completion and Acceptance Certificate” recommended and signed by the County and signed by the Contractor which will stipulate the date of final completion of the Contract and acceptance of maintenance by the County. Rev. 12/22/11 GC-Page 41 of 44 General Conditions 13.12 RELEASE OF LIENS: Neither the final payment nor any part of the retained percentage shall become due until the Contractor delivers to the County a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof, and in addition thereto, in either case, an affidavit stating that so far as the Contractor has knowledge or information, the releases and receipts include all labor, material and equipment supplies, and Subcontracting services for which a lien could be filed. The Contractor may, if any Subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the County to indemnify the County against any lien. If any lien remains unsatisfied after all payments are made, the Contractor or Surety shall refund to the County all money payments that the County may be compelled to pay in discharging such liens, including all costs and interest, including attorney’s fees and court costs. 13.13 FINAL PAYMENT: A. The County shall make final payment to the Contractor through payment issued by the Sarasota County Clerk of the Courts in accordance with the Local Government Prompt Payment Act, Section 218.70 F.S., upon receipt of the Contractor's final invoice and written approval of same by the County and the County's Administrative Agent indicating that all contracted services have been rendered in conformity with the Contract. B. Waiver of Claims: Acceptance of final payment by the Contractor shall constitute a waiver of all Claims by the Contractor against the County. 13.14 FINAL COMPLETION DELAYED: If, through no fault of the Contractor, final completion of the Work is significantly delayed, the County, shall upon receipt of the Contractor’s final application for payment (for Work fully completed and accepted), and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.0 MANUFACTURER’S INSTRUCTIONS AND SERVICES 14.1 MANUFACTURER'S INSTRUCTION, SERVICE AND PARTS MANUAL: Before final payment is made, the Contractor shall furnish to the County, five (5) complete sets of manufacturer's instructions, and service and parts manuals on each piece of equipment furnished under the Contract. This includes descriptive literature, installation and operating instructions, maintenance requirements, lubrication requirements, parts lists, and other pertinent data. All data shall be bound in a hardback, 3-ring loose leaf binder(s). 14.2 MANUFACTURER'S SUPERVISION: The Contractor shall provide the services of a qualified representative of the manufacturer as required in the Contract Documents, to supervise the installation, testing, adjusting and starting-up and initial operation of each item of equipment furnished under the Contract. This representative shall also instruct the County's personnel on-site, at an agreeable date and time, as to the proper operation and maintenance of the equipment. 15.0 WARRANTY AND GUARANTEE PROVISIONS 15.1 WARRANTY AND GUARANTEE PROVISIONS: A. All materials and equipment furnished by the Contractor and all Work and workmanship involved in the Contract shall be free from defects due either to faulty materials or equipment or faulty workmanship and the same is hereby warranted and guaranteed by the Contractor for a minimum period of one (1) year from the date of the Final Completion and Acceptance Certificate issued by the County, or such longer period of time as may be prescribed by the terms of any applicable special guarantees and warranties required by the Contract Documents. All materials, equipment and workmanship furnished, installed and performed by the Contractor shall be warranted and guaranteed by the Contractor to the County to meet the required Technical Specifications and applicable standards; and to accomplish the purposes and functions of the Work as defined, detailed and specified in the Contract Documents. Rev. 12/22/11 GC-Page 42 of 44 General Conditions B. The County shall, following discovery thereof, promptly provide written notice to the Contractor and Surety of defective materials, equipment, or workmanship within the period of the warranty and guarantee. Any part of the material, equipment, or workmanship which does not comply with the warranty and guarantee shall be repaired or removed and replaced by the Contractor within ten (10) days from the date of the County’s notice, at the Contractor’s expense and at no cost to the County. C. In addition to the above repair and replacement costs, the Contractor is responsible to the County for all costs incurred with respect to all warranty and guarantee items under this Contract, including all construction management expenses such as expense for repetitive trips by the County required for the warranty and guarantee work. Such expense shall be considered to be equal to the job payroll of the County, plus 150 percent thereof for overhead plus on-the-job mileage. D. If the Contractor does not promptly comply with the terms of the County’s written notice, or in the case of an emergency where delay would cause serious risk of loss or damage, the County may, after providing notice to the Contractor and Surety, have the defective Work corrected or repaired, or may have the defective Work removed and replaced. All claims, costs, losses, and damages, including but not limited to all fees and charges for construction management and inspection, attorneys, and other professionals, and all court costs arising out of or relating to such correction or repair or such removal and replacement, including but not limited to all costs of repair or replacement of work of others resulting there from, will be paid by the Contractor or Surety. E. Where defective Work and damage to other work resulting from such defective Work has been corrected or removed and replaced, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. F. The warranty and guarantee provisions create no limitations on the County as to any claims or actions for breach of warranty or breach of guarantee that the County might have against parties other than the Contractor, and do not constitute exclusive remedies of the County against the Contractor and are not intended to and shall not limit any other rights, remedies, or causes of action which the County might exercise against the Contractor, and shall not alter or modify the application of the Statute of Limitations as established by the Statutes of the State of Florida. G. Survival of Obligations: All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations stipulated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of the Contractor. 16.0 MISCELLANEOUS 16.1 CERTIFIED CHEMICALS: A. The Contractor shall only use U.S.D.A. or E.P.A. or F.D.A. certified chemicals during the performance of all Work under the Contract. All chemicals used in or furnished for the Work, whether herbicide, pesticide, disinfectant, polymer, reactant or other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residue shall be in strict conformance with manufacturer’s instructions and local, State and Federal rules and regulations. B. The Contractor shall submit two (2) copies of all chemical Material Safety Data (M.S.D.) information forms to the County. One (1) set of M.S.D. information forms shall be posted at the Jobsite at all times and shall be available for inspection. 16.2 FUELS ADJUSTMENTS: The County will not adjust the Contract Price to reflect increases or decreases in gasoline and diesel fuel prices from those in effect on the Effective Date of the Contract. 16.3 EQUIPMENT MAINTENANCE: Equipment shall be maintained to prevent fuel, oil, and lubricant spills. Refueling, repairs, and lubrication will be performed at safe distances from any watercourse or drainage conveyance devices. Should a fuel or oil leak or hydraulic pipe rupture occur during construction, the Contractor’s operators shall immediately cease operation and remove the equipment to a safe area and take prompt action to minimize damage and safeguard the Jobsite. The Contractor shall immediately Rev. 12/22/11 GC-Page 43 of 44 General Conditions report the spill or discharge in accordance with applicable State or Federal rules and regulations; the requirements of the Florida Statute Chapter 376 Pollution Discharged Prevention and Removal will also be followed. In addition, the County shall immediately be notified. 16.4 SPILL PREVENTION/CONTAINMENT: An OSHA-approved spill containment kit must be kept at the Jobsite and staging area(s), and shall be sized for the maximum potential spill/leak volume associated with the largest single equipment unit at the Jobsite. It is the Contractor’s responsibility to provide and maintain the required spill containment equipment. 16.5 DISPOSAL OF POLLUTANTS: The Contractor shall provide tanks or barrels to be used for off-site disposal of chemical pollutants such as drained lubricating or transmission oils, greases, etc. produced as a by-product of the Work. Washing, fueling or servicing of equipment will not be permitted where spillage or wash water can enter any watercourse or drainage conveyance device. Removal and disposal of all pollutants shall be in strict accordance with all local, State and Federal rules and regulations. END OF GENERAL CONDITIONS Rev. 12/22/11 GC-Page 44 of 44 General Conditions SECTION 9 SUPPLEMENTAL GENERAL CONDITIONS & SPECIAL CONDITIONS This page left intentionally blank SUPPLEMENTAL GENERAL CONDITIONS - FACILITIES 1.0 DEFINITIONS AND TERMS ADD the following Definitions to the General Conditions Section 1.1 GENERAL: FLORIDA BUILDING CODES: Work under this Project is to be designed and performed in accordance with the Florida Building Codes, current issues. LEED AP: Leadership in Energy and Environmental Design Accredited Professional USGBC: United States Green Building Council. 2.0 CONTRACTOR REQUIREMENTS REMOVE last sentence of the General Conditions Section 2.1 GENERAL, and REPLACE with the following: “Subject to County approval, the Contractor may subcontract a portion of the Work but in no case can assign the contract to a third party.” ADD the following new Section to the General Conditions as follow: 2.2 LEED ACCREDITED PROFESSIONAL: When the Contract Documents stipulate the project is to be certified by USGBC, at least one member of the Contractor’s Management Staff assigned to the Project shall be a LEED Accredited Professional (LEED AP). This requirement may also be satisfied if the Contractor retains the services of an independent consultant who is a LEED AP, who shall assist the Contractor in fulfilling its LEED obligations in accordance with the Contract Documents. 4.0 PRE-CONSTRUCTION ACTIVITIES ADD the following to the General Conditions Section 4.2 PRELIMINARY SCHEDULES SUBMISSION AND ACCEPTANCE: A.3) The Contractor’s Schedule of Values must be prepared using the County’s Primavera Contract Manager Software System. REMOVE the last sentence of the General Conditions Section 4.2.B.2) and REPLACE with the following: “The Contractor shall provide a minimum of 15 days in the Construction/ Progress Schedule for such product review.” ADD the following paragraph to the General Conditions Section 4.6 AUDIO-VISUAL PRECONSTRUCTION RECORD: Contractor shall have preliminary construction survey stakeout completed, center line of pipe or offsets, and Sunshine One Call locate flags completed prior to any photos or video work to allow the work zone area to be identified with existing and proposed condition locations. 5/02/12 Page 1 of 6 BID #122126CS SUPPLEMENTAL GENERAL CONDITIONS - FACILITIES 5.0 PROGRESS AND CONTROL OF THE WORK ADD the following to the General Conditions Section 5.5 MOBILIZATION: B. Project Sign(s): 1) General: The Contractor shall furnish and erect under the County’s direction, project sign(s) conforming to the specifications below and the attached details. The sign(s) shall be the property of the Contractor for the duration of the project and shall be maintained by the Contractor to the satisfaction of the County. The Contractor shall be responsible for the relocation of the sign(s), if required, during the progress of construction as directed by the County. 2) Project Sign Location: The project sign(s) shall be placed: a. At the location designated by the County b. Fully within County property rights c. To comply with applicable FDOT and local land development regulations d. At a position that will not obstruct pedestrian or vehicular traffic e. At a location that will not create a hazard. 3) Project Sign Construction: a. The project sign(s) shall be constructed of wood or other substantial material (example: plywood sheet with 4” x 4” supports and 2” x 4” cross braces). b. The sign face dimensions shall be as shown on the attached details, with four feet of clearance provided from the bottom of the sign face to ground. c. Upon completion of the Project, the Contractor shall remove and dispose of the sign(s) and supports and restore the site to the satisfaction of the County. 4) Project Sign Content: a. Sign content shown on the attached sheets is for illustrative purposes only. The names of the members of the Boards of County Commissioners will be provided at the pre-construction conference. Relationship of lettering size will be similar to that depicted. 5) Basis of Payment: Price and payment shall be full compensation for furnishing and installing all materials necessary to complete the construction sign(s) in accordance with the attached details, including sign panels complete with sheeting, painting, and message, sign posts and supports, footings, excavation, etc., furnishing and installing project percentage stickers, when required, and all other work specified in this Section, including all incidentals necessary for the complete item. Payment will be made as shown on the Bid Form. Should this item not be specifically listed on the bid form, the furnishing and construction of the construction sign shall be considered incidental to the other items bid. ADD the following to the General Conditions Section 5.11 PERMITS, LICENSES, TAXES, AND LAWS AND REGULATIONS: D. Building Permit: The Contractor shall obtain and pay for all required local Building Permit(s) applicable to the Project. 5/02/12 Page 2 of 6 BID #122126CS SUPPLEMENTAL GENERAL CONDITIONS - FACILITIES E. Permit Fee Allowance: When applicable, this allowance will be established to cover the expenses of the permits and is supplemental to the bid, as indicated in the Bid Form. Permit fees will be paid at actual cost for the permit required and identified in the Contract Documents. The Contractor is advised that the total bid price shall include the amount of the allowance. Payment under this allowance shall be based on receipts of permit fees presented to the County. No payments shall be made for administrative or other costs of the Contractor. The allowance line item, when included in the Bid Form, can only be committed for the intended purchase and cannot in total or part thereof, be transferred to supplement the contingency or other line item costs, and any remainder will be retained by the County. ADD the following new Section to the General Conditions Article 5.0 PROGRESS AND CONTROL OF THE WORK: 5.26 FP&L SERVICE: A. Where required in the Contract Documents, the Contractor shall provide all necessary coordination with FP&L for power supply to the proposed Facilities. The Contractor shall incorporate FP&L’s schedule within Contractor’s construction/ progress schedule. All costs associated with temporary and permanent power shall be borne by the Contractor. B. The Contractor is responsible for all on-site improvements including poles, transformers, panels, conduit, power wiring, concrete mounting pads, and related equipment and materials necessary for a complete and fully operational system. The Contractor shall transfer service to the County upon the date of Substantial Completion of the Project, or as otherwise agreed. 5.27 DEMOLITION: A. Where the Construction Plans require demolition of existing facilities, the Contractor shall obtain and pay for required local permits. B. All affected utility services at the site will be properly abandoned and/or capped off and labeled for further use, in accordance with the requirements of the individual utility owners. C. All salvageable materials and debris shall be properly handled and disposed of in accordance with the Contract Documents. Dust shall be properly controlled on site. 5.28 5/02/12 EARLY COMPLETION: Finishing earlier than the Contract Times or finishing of particular portions of the Work earlier shall not place obligations on the County for actions by the Contractor. Such may be deemed to be inconvenient, and may be a disadvantage to the County. Therefore, the County shall have no obligation to accelerate its schedule of any related tasks. If however, there is an advantage to the County to finish early, then the County will work closely with the Contractor in scheduling and coordinating such early completion. Page 3 of 6 BID #122126CS SUPPLEMENTAL GENERAL CONDITIONS - FACILITIES 7.0 CONTRACTOR’S RIGHTS AND RESPONSIBILITIES ADD the following to the General Conditions Section 7.4 LABOR: C. Approved Installers: Where required by the Contract Documents, Contractor’s installation personnel for manufactured, produced, fabricated, and/or constructed items of Work shall be approved as an installer by the manufacturer/producer of the item or assembly. The Contractor will be required to produce evidence of such manufacturer’s approval /certificate if requested by the County. 9.0 WORK BY OTHERS ADD the following to the General Conditions Section 9.1 WORK BY OTHERS: A.1) Items where noted as NIC (Not in Contract) in the Contract Documents, may include items such as building demolition, site preparation, site utility installations, specialty work, furnishings, minor equipment installation, etc., and may be furnished and installed by the County through its own work force, or under a separate contract with other contractors. 11.0 CHANGES, DELAYS, AND TIME EXTENSIONS ADD the following to the General Conditions Section 11.3.A CHANGE IN CONTRACT PRICE: 1. At any time the County may request a quotation from Contractor for a proposed change in the work. Within ten (10) days following the receipt of such a request, the Contractor shall prepare and submit a written and sufficiently detailed proposal for the estimated cost increase of the proposed change. The County shall review the proposal within five (5) days, and shall: a) accept the proposal in total, or potions thereof; b) negotiate the scope and cost of the proposal; or c) reject the proposal in total. 2. The proposal shall include any request for a change in contract times resulting from the proposed change in the work. Any time extensions shall also be subject to negotiations. 3. Itemized estimates shall be in sufficient detail for County’s review, including all material, labor, equipment, subcontracted work, and overhead costs and fees, and shall cover all work involved in the change, whether such work involves additions to, or deletions from the original Contract scope and price. 4. Any changes in the Contract price or Contract times shall be formalized in a Contract Modification. 5. Notwithstanding the request for quotation, Contractor shall continue to carry on the work and maintain the progress schedule. Delays in the submittal of the written and detailed proposal will not be considered as basis for a time extension. 5/02/12 Page 4 of 6 BID #122126CS SUPPLEMENTAL GENERAL CONDITIONS - FACILITIES 13.0 PAYMENTS TO CONTRACTOR AND COMPLETION ADD the following DOCUMENTATION: to the General Conditions Section 13.2 SUPPORTING E. Monthly Status Reports: With each payment application, the Contractor shall submit an updated monthly status report for review and approval by the County. The report shall contain specific construction progress over the past month; expected work to be accomplished over the coming month; and specify any potential problems that may interfere with the proposed work schedule. The County may withhold payment if the Contractor fails to submit an updated and approved monthly status report. F. Photographs: With each payment application, the Contractor shall submit one (1) set of 8”x10” color photographs taken during that payment request period showing the progress of the Work. The photographs will show pertinent physical features of and improvements made at the Project Site. The Contractor will furnish two copies in digital format of all photographs taken during construction to the County prior to final payment. Pre-construction and post-construction Digital audio-video recordings (DVD’s) per Section 4.6 of the General Conditions will be provided by the Contractor in addition to the photographs. ADD the following COMPLETION: to the General Conditions Section 13.9 SUBSTANTIAL J. The Work will be considered substantially complete when each of the following portions of the Work is completed to the satisfaction of the County: 1) All components of the Work have been installed, tested, approved, and certified to be placed into operation. 2) A “punch list” of items to complete the Work has been submitted by the Contractor. 3) Final As-builts have been provided in accordance with the Contract Documents. 4) All training and instructions have been provided to the designated County’s representative(s) in accordance with the Contract Documents. 5) Operation and Maintenance (O&M) Manuals submitted and accepted. 6) 90% of all private property has been restored. 7) 90% of all restoration in the right-of-way is completed. ADD the following to the General Conditions Section 13.11 FINAL ACCEPTANCE: C. The Work will be considered complete when each of the following portions of the Work is completed to the satisfaction of the County: 1) All “punch list” work has been completed. 2) All Close-Out Items have been completed and submitted to the County, including: a. Final Clean-up. b. Complete Demobilization. c. 100% of all private property has been restored. 5/02/12 Page 5 of 6 BID #122126CS SUPPLEMENTAL GENERAL CONDITIONS - FACILITIES d. 100% of all restoration in the right-of-way is completed. e. Contractor’s Final Affidavit & Release of Lien (Contract Form Pages RL-1 and RL-2). f. Releases of Liens. g. Consent of Surety to Final Payment. h. Private Owner(s) acceptance of restoration. i. All Warrantees/Guarantees. j. All other Close-Out Items required by the Contract Documents. 15.0 WARRANTY AND GUARANTEE PROVISIONS REMOVE the first sentence of the General Conditions Section 15.1.A., and REPLACE with the following: “All materials and equipment furnished by the Contractor and all Work and workmanship involved in the Contract shall be free from defects due either to faulty materials or equipment or faulty workmanship, whether patent or latent, and the same is hereby warranted and guaranteed by the Contractor for a minimum period of one (1) year from the date of the Final Completion and Acceptance Certificate issued by the County, or such longer period of time as may be prescribed by the terms of any applicable special guarantees and warranties required by the Contract Documents, or as prescribed by Florida law or State or Local regulations.” 16.0 MISCELLANEOUS ADD the following new Section to the General Conditions Article 16.0 MISCELLANEOUS: 16.6 FIRE ALARM SYSTEM: Activation of fire alarms shall be the responsibility of the Contractor. Contractor’s unauthorized activation of the alarm system resulting in a response by the Fire Department will be assessed at the current rate charged by the Fire Department per occurrence. These charges will be withheld from the Contractor’s payment application. END OF SUPPLEMENTAL GENERAL CONDITIONS ATTACH PROJECT SIGN DETAILS TO THE FOLLOWING PAGES 5/02/12 Page 6 of 6 BID #122126CS This page left intentionally blank SPECIAL CONDITIONS - FACILITIES PROJECT LOCATION: A. PROJECT LOCATION: The Project area is located in Sarasota County, Florida, approximately 70 miles south of Tampa, Florida, and is more specifically shown on the Construction Plans. B. PROJECT ADDRESS: The Project site address is 3445 Rustic Road, Nokomis, FL 34275. SUMMARY OF WORK: A. The work under this project consists of: Construction of a 2,400 square foot pre-engineered metal building to include all site, foundation, electrical, and HVAC work. PERMITS: A. State, Federal, and Local Permits: The Contractor shall be responsible for compliance with all requirements, conditions and restrictions of the Project permits. The County has obtained the following permits related to the construction of this Project: 1) Southwest Florida Water Management District – Exemption 2) Sarasota County Concurrent Site and Development Plan Approval (County S&D) Copies of the above Permits are included in the Contract Documents. B. The Contractor is responsible for obtaining any additional permits associated with the Project, as required by the Contract Documents. PROJECT SIGN: The project does not require a ‘Project Sign’ as specified in the Supplemental General Conditions FINAL COMPLETION AND ACCEPTANCE REQUIREMENTS: A. The Work will be considered complete when each of the following portions of the Work is completed to the satisfaction of the County: 1) All components of the Work are installed, tested and approved. 2) All “punch list” work is complete. 3) All Close-Out Items are complete and submitted to the County, including: a. Substantial Acceptance 1. A copy of the Certificate of Completion/Certificate of Occupancy is issued by the authority having jurisdiction. 2. As-Builts were provided in accordance with the Contract Documents. 3. Two (2) bound copies of the Operations and maintenance (O&M) Manual submitted and accepted. 4. One (1) Electronic copy in Portable document Format (pdf) of Operations and Maintenance Manuals (O&M) by division, all start-up logs, mechanical schematics and Certified Warranties. 5. The only exception to the electronic format in number four (4) above is for Certified Warranties where hard copies are the only authorized version. 6. All other Close-Out Items required by the P.M. and Engineer/Architect. b. Final Acceptance 1. Final Clean-up 2. Complete Demobilization 3. All Releases of Liens 4. Consent of Surety, if required. 5. All Warranties/Guarantees. 1/05/12 Special Conditions - Page 1 of 4 BID#122126CS SPECIAL CONDITIONS - FACILITIES 6. All training and instructions were provided to the designated County’s representative(s) 7. All other Close-Out items required by the County and Engineer/Architect. MODIFICATIONS TO GENERAL REQUIREMENTS: A. The Florida Building code applicable to this project is that version current at the time of local building permit application. B. The County retains the option to engage outside consultants, including the Engineer of Record, for services during the Construction phase of the project. The County’s Construction Project Manager will be the primary point-of-contact between the Contractor and all members of the design team. All communication between the Contractor and design team must be made through the County’s Construction Project Manager. Throughout the contract documents, references to the Engineer’s duties, role, and responsibilities are assigned to the County and/or their representative. C. WORK HOURS: 1. Regular working hours are defined as up to ten (10) hours per day, Monday through Friday, beginning no earlier than 7:00 A.M. and ending no later than 7:00 P.M., excluding Saturdays, Sundays, and Holidays. 2. Whenever the Contractor is performing any part of the Work, with the exception of equipment maintenance and cleanup, inspection of the Work will be required. 3. Requests for approval by the County to work other than regular working hours must be submitted to the County at least 48 hours prior to any proposed weekend work or scheduled extended workweek hours. 4. Periodic unscheduled work hours on weekdays will be permitted provided that two hours notice is provided to the County. Maintenance and cleanup may be performed during hours other than regular working hours. D. “OR EQUAL’ AND SUBSTITUTIONS: 1. The Contractor shall provide all data in support of any proposed “or equal” or substitute at the Contractor’s expense, and shall have no claim for additional cost or time should the item be rejected. 2. The County’s approval or rejection of any “or equal” or substitute item submitted by the Contractor is final. 3. Manufacturer references are to be considered basis of design. References to ‘approved equal’ are to be considered basis of design. C. SUBSTANTIAL COMPLETION: Upon receipt of a written request by the Contractor, the County shall schedule and conduct a Substantial Completion inspection. Should the County determine that the Work is Substantially Complete, the county will prepare and sign a Certificate of Substantial Completion. 1. When the contractor considers the Work, or a portion thereof, ready for its intended use, the Contractor shall notify the county in writing that the Work is substantially complete, listing items of work remaining to be completed by the Contractor (Punch List), and request that the county schedule a Substantial Completion inspection. 2. Promptly after the Contractor’s notification, the county and the Contractor, shall make an inspection of the work to determine the status of completion. 3. Should the county discover major Work items left uncompleted, or defective Work requiring correction or removal and replacement, the County shall discontinue the inspection, notify the Contractor of the deficiencies observed, and advise the Contractor to re-schedule the Substantial Completion inspection and of potential additional costs which may be incurred. 4. If uncompleted or defective Work is discovered during the initial inspection, the Contractor shall promptly complete the Work, and if required, remove from the Jobsite any and all materials and Work rejected by the county as failing to conform to the contract documents, whether incorporated into the work or not. The contractor shall promptly replace the 1/05/12 Special Conditions - Page 2 of 4 BID#122126CS SPECIAL CONDITIONS - FACILITIES defective work in accordance with the contract documents without expense to the county, including bearing the costs of making good all work by others damaged or destroyed by the Contractor’s removal and replacement of such defective Work. 5. If the County considers the work substantially complete with only minor corrections, adjustments, and clean-up items remaining, the county will prepare, sign and date the Certificate of Substantial Completion, which shall fix the date of Substantial Completion. The County shall prepare a tentative list of items to be completed or corrected for final completion of the Project (Punch List) and attached the list to the Certificate. The items noted at the time of Substantial Completion should not be considered as all inclusive of the necessary actions required by the contractor to achieve Final Acceptance and completion. 6. At the time of preparation of the certificate of Substantial Completion, the county will deliver to the contractor a written recommendation as to division of responsibilities pending final completion, acceptance, and payment between the County and the contractor with respect to security, operations, safety, protection of the work, maintenance, heat, utilities, insurance, and warranty and guarantee issues. These recommendations, once agreed upon by the county and The Contractor, shall be incorporated into the Certificate of Substantial completion. 7. Substantial Completion shall be achieved within the Contract Time stipulated for Substantial Completion of the Work, including approved time extensions. 8. Provided Substantial Completion is reached by the contractor in a timely manner, and based on the value of the work remaining, the contractor may submit a payment application requesting a reduction in retainage prior to Final Completion and Acceptance. The County will review the request, and based on the value of work remaining, make a recommendation to release a portion of the retainage, while allowing sufficient funds to remain with which to complete the Work. The county may accept or reject his recommendation, based solely on its discretion, and information which may become available to the county, which may warrant withholding a larger portion or all of the retainage. 9. The county shall have the right to exclude the contractor from the Jobsite after the date of Substantial Completion subject to allowing the Contractor reasonable access to complete or correct items on the Punch List. D. FINAL COMPLETION: Upon receipt of a written request by the Contractor, the county shall schedule and conduct a Final Completion inspection. Should the county determine that the work is complete and ready for the County’s acceptance, the County will prepare and sign a Final Completion and Acceptance Certificate. E. DELAYS AND TIME EXTENSIONS: 1. Delay claims: No extension of Contract Times shall be granted by the county unless a timely Claim is made by the Contractor in writing to the County within seven (7) days of the event or incident casing the delay. The Contractor shall demonstrate in its Claim the impact on the critical path of the Construction/progress Schedule to justify the extension of the time requested. Any identified float is not time for the exclusive use or benefit of either the county or the Contractor. Extensions of time for performance may be granted by the county only to the extent that equitable time adjustments for the activity of activities affected exceed the total float. Such justification must be submitted, in writing, within fifteen (15) days of the Claim. If the Contractor can, or could have moved to another part of the Work without affecting the Construction/progress Schedule’s critical path, a time extension will not be granted by the County. 2. Rain Delays: Reasonable extensions of time, as determined by the county, will be granted to the contractor for time lost due to rainfall over and above the norm for the county, based on U.S. Weather Bureau statistics. If the Contractor can show that the rain caused additional delays at the Jobsite beyond the actual rain events, additional time extensions may be granted. 3. Force Majeure: The Contractor will be granted a reasonable time extension for a Force majeure occurrence: an unexpected event that crucially affects the contractor’s ability to perform the work, and includes forces of nature (Act of God), such as natural fires, floods, hurricanes, tornados, epidemics; or an event beyond the Contractor’s control, such as major workers strikes, government shut down; or other major catastrophic events. Except as otherwise expressly provided herein, neither party shall be liable for any delay due to causes 1/05/12 Special Conditions - Page 3 of 4 BID#122126CS SPECIAL CONDITIONS - FACILITIES not reasonable within its control, including but not limited to, acts of civil or military authority, including courts and regulatory agencies, acts of God, war, riot or insurrection, inability to obtain required construction permits, blockades, embargoes, sabotage, epidemics, fires, floods, strikes, lockout or other labor difficulties, provided such labor difficulties do not arise from inequitable labor practices. In the event of any delay resulting from such causes, the time for performance hereunder shall be extended for a period of time reasonable necessary to overcome the effect of such delays. This shall constitute the sole remedy to either party in the event of such delays. END OF SPECIAL CONDITIONS 1/05/12 Special Conditions - Page 4 of 4 BID#122126CS SECTION 10 TECHNICAL SPECIFICATIONS This page left intentionally blank SECTION 10 TABLE OF CONTENTS BUILDING SECTION 1 BUILDING – PERFORMANCE SPECIFICATIONS SECTION 133419 METAL BUILDING SYSTEMS SITE SECTION 01050 SURVEYING (PROVIDED BY CONTRACTOR) SECTION 01300 SHOP DRAWINGS SECTION 01310 PROGRESS SCHEDULES SECTION 01411 TESTING SERVICES (PROVIDED BY CONTRACTOR) SECTION 01510 TEMPORARY UTILITIES AND CONTROLS SECTION 01600 MATERIAL AND EQUIPMENT SECTION 01700 CONTRACT CLOSE-OUT SECTION 01730 OPERATION AND MAINTENANCE DATA SECTION 02703 TRENCHING AND BACKFILLING FOR PIPING SECTION 02705 RESTORATION AND GENERAL REQUIREMENTS SECTION 02707 STORM SEWERS, PIPE, AND STRUCTURES SECTION 02813 SEEDING, MULCHING AND SODDING SECTION 02817 CLEARING AND GRUBBING SECTION 02820 EXCAVATION AND EMBANKMENT 7/12/2012 215610934 This page left intentionally blank BUILDING 7/12/2012 215610934 This page left intentionally blank KNIGHTS TRAIL GUN RANGE - SHERIFF'S TRAINING FACILITIES SECTION 1 BUILDING - PERFORMANCE SPECIFICATIONS Building: • 40’x60’ Pre-Engineered Metal Building. Basis of Design for the building shall be Butler Manufacturing, as shown on the construction plans or approved equal. Building design shall be in accordance with the 2010 Florida Building Code (FBC). • Two (2) 10’x10’ roll up chain operated coil doors. Roll up coil doors shall be Overhead Door 625 Series Insulated Service Door or approved equal. Impact rated in accordance with the 2010 Florida Building Code (FBC). Finish paint on coil doors to be by the manufacturer. Door color to be determined by Owner, based on standard manufacturer’s color/finish options. • Two (2) 3’-0” x 6’-8” hollow metal insulated doors and frames complete with closure, threshold, weather strip, panic strip, closure and standard lever handle lockset and deadbolt. All door hardware by ‘Best Locking System’. Basis for Design of hollow metal doors shall be Curries / Assa Abloy 747 door or approved equal. Doors shall be impact rated in accordance with the 2010 Florida Building Code (FBC). Door and frame color to be determined by owner. Doors and frames shall be sanded, re-primed, and painted with a final finish of two coats of a low-gloss exterior acrylic paint. • Four (4) 36”x52” single hung impact resistant windows. Basis of Design for windows shall be PGT Industries Series SH700 Aluminum Frame impact resistant window or approved equal. Windows shall have a U-factor < 0.45 and a SHGC < 0.25. Window design shall be in accordance with the 2010 Florida Building Code (FBC). Contractor is responsible to produce a NOA for windows and adhere to the manufacturer’s installation procedures. Doors: Windows: V:\2156\active\215610934\civil\specification\Knights Trail Gun Range_performace _spec.docx Electrical: • New 110 amp 1-phase 240V feed to building. Service feeder line from the existing electric service to the building (approximately 100-feet). Complete including connection to the existing electrical service. • Nine (9) 2’x4’ - T8, 25W, two-lamp fluorescent fixtures with a 227-volt electronic, programmed start, ballast (Basis of Design shall be either Sylvania #QHE2X32T8 or Phillips Advance #VCN2S32SC35M) • Three (3) single pole light switches. • Six (6) GFCI outlets. • Two (2) exit sign / emergency light combo. Fixture to utilize LED lamps and project in the color red. • Two (2) 250W Exterior LED Lights with photocell control. • All wiring, conduits and necessary components for the building electrical system. HVAC System: • New HVAC system to serve the proposed 2,400 square foot building. HVAC system shall be designed and constructed in accordance with Section 503 of the Florida Building Code (FBC). Thermostat shall be Maple/Chase, Saver Stat Model #09700, 7-day programmable. Complete including all components, ductwork and concrete pad. V:\2156\active\215610934\civil\specification\Knights Trail Gun Range_performace _spec.docx SECTION 133419 METAL BUILDING SYSTEMS BASIS OF DESIGN PART 1 1.1 A. 1.2 GENERAL SECTION INCLUDES Metal Building System: 1. Structural steel framing system. 2. Metal roof system. 3. Metal wall system. 4. Roof and wall insulation systems. REFERENCE STANDARDS A. American Institute of Steel Construction (AISC): 1. AISC Specification for Structural Steel Buildings. 2. AISC Serviceability Design Considerations for Low-Rise Buildings. B. American Iron and Steel Institute (AISI): 1. AISI North American Specification for the Design of Cold-Formed Steel Structural Members. C. American Welding Society (AWS): 1. AWS D1.1 / D1.1M – Structural Welding Code – Steel. 2. AWS D1.3 / D1.3M – Structural Welding Code – Sheet Steel. D. Association for Iron & Steel Technology (AISE): 1. AISE 13 – Specifications for Design and Construction of Mill Buildings. E. ASTM International (ASTM): 1. ASTM A 325 – Standard Specification for Structural Bolts, Steel, Heat Treated, 120/105 ksi Minimum Tensile Strength. 2. ASTM A 653 / A 653M – Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process. 3. ASTM A 792 / A 792M – Standard Specification for Steel Sheet, 55 % Aluminum-Zinc Alloy-Coated by the Hot-Dip Process. 4. ASTM B 117 – Standard Practice for Operating Salt Spray (Fog) Apparatus. 5. ASTM C 518 – Standard Test Method for Steady-State Thermal Transmission Properties by Means of the Heat Flow Meter Apparatus. Butler Manufacturing Metal Building System Version 11.4 133419 - 1 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. ASTM C 1363 – Standard Test Method for Thermal Performance of Building Materials and Envelope Assemblies by Means of a Hot Box Apparatus. ASTM D 522 – Standard Test Methods for Mandrel Bend Test of Attached Organic Coatings. ASTM D 523 – Standard Test Method for Specular Gloss. ASTM D 968 – Standard Test Methods for Abrasion Resistance of Organic Coatings by Falling Abrasive. ASTM D 1308 – Standard Test Method for Effect of Household Chemicals on Clear and Pigmented Organic Finishes. ASTM D 2244 – Standard Practice for Calculation of Color Tolerances and Color Differences from Instrumentally Measured Color Coordinates. ASTM D 2247 – Standard Practice for Testing Water Resistance of Coatings in 100% Relative Humidity. ASTM D 2794 – Standard Test Method for Resistance of Organic Coatings to the Effects of Rapid Deformation (Impact). ASTM D 3361 – Standard Practice for Unfiltered Open-Flame Carbon-Arc Exposures of Paint and Related Coatings. ASTM D 4214 – Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films. ASTM E 84 – Standard Test Method for Surface Burning Characteristics of Building Materials. ASTM E 96 / E 96M – Standard Test Methods for Water Vapor Transmission of Materials. ASTM E 1592 – Standard Test Method for Structural Performance of Sheet Metal Roof and Siding Systems by Uniform Static Air Pressure Difference. ASTM G 87 – Standard Practice for Conducting Moist SO2 Tests. F. Metal Building Manufacturers Association (MBMA): 1. MBMA Metal Building Systems Manual. G. North American Insulation Manufacturers Association (NAIMA): 1. NAIMA 202 – Standard For Flexible Fiber Glass Insulation to be Laminated for Use in Metal Buildings. H. The Society for Protective Coatings (SSPC): 1. SSPC-Paint 25 - Primer for Use Over Hand Cleaned Steel performs to SSPC-Paint 25 standards. 2. SSPC-SP2 – Hand Tool Cleaning. I. Underwriters Laboratories (UL): 1. UL 580 – Standard for Tests for Uplift Resistance of Roof Assemblies. 2. UL 723 – Standard for Test for Surface Burning Characteristics of Building Materials. J. US Army Corps of Engineers (COE): 1. COE Unified Facilities Guide Specification Section 07 61 13. K. covering and trim details, and accessory installation details to clearly indicate proper assembly of building components. Butler Manufacturing Metal Building System Version 11.4 133419 - 2 L. Certification: Submit written “Certificate of design and manufacturing conformance” prepared and signed by a Professional Engineer, registered to practice in Florida verifying that the metal building system design and metal roof system design (including panels, clips, and support system components) meet indicated loading requirements and codes of authorities having jurisdiction. 1. Certification shall reference specific dead loads, live loads, snow loads, wind loads/speeds, tributary area load reductions (if applicable), concentrated loads, collateral loads, seismic loads, end-use categories, governing code bodies, including year, and load applications. M. Submit certification verifying that the metal roof system has been tested and approved by Underwriter’s Laboratory as Class 90. N. Dealer Certification: Submit certification 1 week before bid date that the metal building system supplier or metal roof system supplier is a manufacturer’s authorized and franchised dealer of the system to be furnished. 1. Certification shall state date on which authorization was granted. O. Installer Certification: Submit certification 1 week before bid date that the metal building system or roof system installer has been regularly engaged in the installation of building systems of the same or equal construction to the system specified. 1.3 QUALITY ASSURANCE A. Manufacturer’s Qualifications: 1. Manufacturer regularly engaged, for past 10 years, in manufacture of metal building systems of similar type to that specified. 2. Accredited based on IAS Accreditation Criteria AC472 and requirements in International Building Code (IBC), Chapter 17. B. Installer's Qualifications: 1. Installer regularly engaged, for past 5 years, in installation of metal building systems of similar type to that specified. 2. Employ persons trained for installation of metal building systems. C. Certificate of design and manufacturing conformance: 1. Metal building system manufacturer shall submit written certification prepared and signed by a Professional Engineer, registered to practice in Florida verifying that building system design and metal roof system design (including panels, clips, and support system components) meet indicated loading requirements and codes of authorities having jurisdiction. 2. Certification shall reference specific dead loads, live loads, snow loads, wind loads/speeds, tributary area load reductions (if applicable), concentrated loads, collateral loads, seismic loads, end-use categories, governing code bodies, including year, and load applications. 3. Certificate shall be on metal building system manufacturer’s letterhead. Butler Manufacturing Metal Building System Version 11.4 133419 - 3 1.4 DELIVERY, STORAGE, AND HANDLING A. Delivery and Acceptance Requirements: Deliver materials to site in manufacturer’s original, unopened containers and packaging, with labels clearly identifying product name and manufacturer. B. Storage and Handling Requirements: 1. Store and handle materials in accordance with manufacturer’s instructions. 2. Keep materials in manufacturer’s original, unopened containers and packaging until installation. 3. Do not store materials directly on ground. 4. Store materials on flat, level surface, raised above ground, with adequate support to prevent sagging. 5. Protect materials and finish during storage, handling, and installation to prevent damage. PART 2 2.1 PRODUCTS BUILDING DESCRIPTION A. Building Dimensions: Indicated on the Drawings. 1. Horizontal Dimensions: Measure to inside face of wall sheets. 2. Eave Height: Measure from top of finished floor to intersection of insides of roof and sidewall sheets. 3. Clear Height Between Finished Floor and Bottom of Roof Steel: Indicated on the Drawings. B. Primary Structural Members: 1. Primary Framing System: Framing system as specified in this specification section. 2. Frames: Welded-up plate section columns and roof beams, complete with necessary splice plates for bolted field assembly as specified in this specification section. 3. Bolts for Field Assembly of Primary Steel: High-strength bolts as indicated on erection drawings of metal building system manufacturer. 4. Beam and Post Endwall Frames: Endwall corner posts, endwall roof beams, and endwall posts as required by design criteria. 5. Exterior Columns: Welded-up "H" sections or cold-formed “C” sections. 6. Interior Columns: “H” sections or tube columns. 7. Connection of Primary Structural Members: ASTM A 325 bolts through factory-punched holes. 8. Primary Structural Members: Paint with metal building system manufacturer's standard primer with surface preparation as specified in this specification section. C. Secondary Structural Members: 1. Secondary Framing System: As specified in this specification section. 2. C/Z Purlins and Girts: Acrylic-coated G30 galvanized finish. D. Metal Roof System: metal roof system as specified in this specification section. E. Metal Wall System: metal wall system as specified in this specification section. Butler Manufacturing Metal Building System Version 11.4 133419 - 4 F. 2.2 Where metal panels are required to be painted, use coating system as specified in this specification section. DESIGN LOADS A. Governing Design Code: 1. Structural design for the building structural system shall be provided by the metal building system manufacturer for the following design criteria: a. Governing Building Code: Florida Bldg Code b. Year/Version: 2010 B. Roof Live Load: 1. Roof live loads are loads produced during the life of the structure by moveable objects. 2. Wind, snow, seismic, or dead loads are not live loads. 3. Roof live loads are applied based on the Tributary Area as follows: a. 20 psf reducible per code C. Wind Load: 1. Wind load used for designing the structure shall be the product of the following criteria: a. Wind Exposure Category: C b. Wind Velocity (Vult), miles per hour: 150 c. Wind Velocity (Vnom), miles per hour: 117 d. Wind Importance Factor (Iw): 1.0 2. Wind Pressure Coefficients and the design pressures shall be applied in accordance with the governing code. D. Seismic Load: 1. Seismic loads shall be applied in accordance with the governing code. E. Dead Load: Dead load shall consist of the weight of building system construction, such as roof, framing, and covering members. F. Collateral Load: 1. Collateral load: 3psf G. Load Combinations: Load combinations used to design primary and secondary structural members shall be in accordance with the governing code. 2.3 A. STRUCTURAL STEEL FRAMING SYSTEM General: 1. Design of Structural System: Clear or multi-span rigid frame with tapered or straight columns and roof beams, with gable or single-slope roof. 2. Actual Building Length: a. Structural line to structural line. b. Same as nominal; i.e., number of bays times length of bays. c. Structural Line: Defined as inside face of wall sheets. 3. Actual Building Width: a. Structural line to structural line. Butler Manufacturing Metal Building System Version 11.4 133419 - 5 4. 5. 6. b. Nominal building width. Roof Slope: 1/2 inch in 12 inches. Components and Parts of Structural System: a. Indicated on the Drawings or the Specifications. b. Clearly marked. c. Erection Drawings: Supply for identification and assembly of parts. d. Drawings: Carry stamp of a registered professional engineer. Foundations: a. Foundations, Including Anchor Bolt Embedment Length: Properly designed by qualified engineer, retained by other than metal building system manufacturer, in accordance with specific soil conditions for building site. b. Reactions for Proper Design of Foundations: Supplied by metal building system manufacturer. c. Anchor Bolts: 1) Anchor Bolt Diameter: Indicated on anchor bolt layout drawings furnished by metal building system manufacturer. 2) Anchor Bolts: Supplied by Contractor, not metal building system manufacturer. 3) Anchor Bolts on Moment-Resisting Column Bases: Nuts above and below base plates. B. Structural Steel Design: 1. Structural Mill Sections or Welded-up Plate Sections: Design in accordance with AISC Specification for Structural Steel Buildings. 2. Cold-Formed Steel Structural Members: Design in accordance with AISI North American Specification for the Design of Cold-Formed Steel Structural Members. 3. Structural System: Design in accordance with specified building code (Refer to Design Loads and Building Codes). C. Primary Framing: 1. Rigid Frames: a. Frames: Welded-up plate section columns and roof beams, complete with necessary splice plates for bolted field assembly. 1) Base Plates, Cap Plates, Compression Splice Plates, and Stiffener Plates: Factory welded into place and connection holes factory fabricated. 2) Columns and Roof Beams: Fabricated complete with holes in webs and flanges for attachment of secondary structural members and bracing, except for fieldwork as noted on erection drawings furnished by metal building system manufacturer. b. Bolts for Field Assembly of Frame Members: ASTM A 325 high-strength bolts as indicated on erection drawings furnished by metal building system manufacturer. 2. Endwall Structural Members: Cold-formed channel members designed in accordance with AISI North American Specification for the Design of Cold-Formed Steel Structural Members or welded-up plate sections designed in accordance with AISC Specification for Structural Steel Buildings. a. Endwall Frames: Endwall corner posts, endwall roof beams, and endwall posts as required by design criteria. 1) Splice Plates and Base Clips: Shop fabricated complete with bolt connection holes. Butler Manufacturing Metal Building System Version 11.4 133419 - 6 2) b. Base Plates, Cap Plates, Compression Splice Plates, and Stiffener Plates: Factory welded into place and connection holes shop fabricated. 3) Beams and Posts: Factory fabricated complete with holes for attachment of secondary structural members, except for field work as noted on erection drawings furnished by metal building system manufacturer. Intermediate Frames: Substituted for end-wall roof beams, when specified. 1) Factory fabricate necessary endwall posts and holes for connection to intermediate frame used in endwall. D. Secondary Structural Members: 1. Purlins: a. Purlins: 1) "Z"-shaped, precision-roll-formed, acrylic-coated G30 galvanized steel in different gauges to meet specified loading conditions. b. Outer Flange of Purlins: Factory-punched holes for panel connections. c. Attach purlins to main frames and endwalls with 1/2-inch-diameter bolts. d. Brace purlins at intervals indicated on erection drawings furnished by metal building system manufacturer. 2. Eave Members: a. Eave Struts: Factory punched "C" sections, precision-roll-formed, acrylic-coated G30 galvanized steel in different gauges to meet specified loading conditions. 3. Girts: a. "Z" or “C”-shaped, precision-roll-formed, acrylic-coated G30 galvanized steel in different gauges to meet specified loading conditions. 4. Bracing: a. Locate bracing as indicated on the Drawings. b. Diagonal Bracing: 1) Hot-rolled rods of sizes indicated on the Drawings. 2) Attach to columns and roof beams as indicated on the Drawings. c. Optional fixed-base wind posts or pinned-base portal frames may be substituted for wall rod bracing on buildings as required. d. Flange Braces and Purlin Braces: Cold formed and installed as indicated on the Drawings. E. Welding: 1. Welding Procedures, Operator Qualifications, and Welding Quality Standards: AWS D1.1 - Structural Welding Code – Steel and AWS D1.3 - Structural Welding Code – Sheet Steel. 2. Welding inspection, other than visual inspection as defined by AWS D1.1, paragraph 6.9, shall be identified and negotiated before bidding. 3. Certification of Welder Qualification: Supply when requested. F. Painting of Structural Steel Framing System: 1. General: a. Structural Steel: Prime paint as temporary protection against ordinary atmospheric conditions. b. Perform subsequent finish painting, if required, in field as specified in the painting section. c. Before painting, clean steel of loose rust, loose mill scale, dirt, and other foreign materials. Butler Manufacturing Metal Building System Version 11.4 133419 - 7 d. 2. 3. 2.4 Steel Fabricator: Not required to sand blast, flame clean, or pickle steel before painting, unless otherwise specified. Primary Frames: a. Clean steel in accordance with SSPC-SP2. b. Factory cover steel with 1 coat of gray water-reducible alkyd primer paint formulated to equal or exceed performance requirements SSPC-Paint 25. c. Minimum Coating Thickness: 1.0 mil. Secondary Structural Members – Roll-Formed: a. Hot-dipped zinc coating, ASTM A 653, G30; followed by 1 coat of clear acrylic finish. b. Acrylic-Coated G30 Galvanized Steel: Equal or exceed performance requirements of SSPC Paint-25. METAL ROOF SYSTEM ® A. Metal Roof System: Butler Manufacturing “Butlerib II” roof system. B. Roof System Design: 1. Design roof panels in accordance with AISI North American Specification for the Design of Cold-Formed Steel Structural Members. 2. Design roof panels to support a 200-pound load distributed evenly over a 2-foot square area centered between purlins, without exceeding a panel deflection-to-span ratio of 1/180 in a 2-span condition. 3. Design roof paneling system for a roof slope of 1/2 inch in 12 inches. 4. Design roof paneling system to support design live, snow, and wind loads. C. Roof System Performance Testing: 1. UL Wind Uplift Classification Rating, UL 580: Class 90. 2. Structural Performance Under Uniform Static Air Pressure Difference: Test roof system in accordance with ASTM E 1592. 3. FM Global (Factory Mutual): a. Roof system has been tested in accordance with FMRC Standard 4471 and approved as a Class 1 Panel Roof. b. Metal Building System Manufacturer: Provide specific assemblies to meet required wind rating in accordance with FM Global. D. Roof Panels: 1. General: a. Factory roll-formed to provide width coverage of 3 feet. b. Four major corrugations spaced 12 inches on center. c. Each Major Corrugation: 1-1/2 inches high, 2-7/8 inches wide, tapering 1-9/32 inches wide at top, with no intermediate minor corrugations. d. In Panel Flat: Two additional minor corrugations, 1 inch wide, 1/8 inch high, spaced 4 inches on center, between major corrugations. 2. Roof Panel Side Laps: a. Overlap 1 major corrugation. b. One of the Outboard Corrugations: Formed as overlapping corrugation. c. Other Outboard Corrugation: Formed as underneath corrugation. 1) Full corrugation to provide bearing support to side lap. Butler Manufacturing Metal Building System Version 11.4 133419 - 8 2) Formed with continuous-length sealant groove. Factory punch roof panel end laps (top panel with a round hole and bottom panel with a slotted hole) to provide for expansion and contraction and panel alignment. e. Design end laps to occur over and be fastened to secondary structural members. Ridge Panels: a. One-piece, factory formed to match roof slope. b. Ridge Panel Cross Section: Match roof panels. c. Ridge Panel Splices: Occur over first purlin on either side of building center. Eave Panels: Extend beyond building structural line. Factory punch roof panels at panel ends to match factory-punched or field-drilled holes in structural members to ensure proper alignment. a. Upper End of Eave and Splice Panels: 3/4-inch-long slots to provide for expansion and contraction of panels. Panel Material and Finish: a. 26-gauge Galvalume aluminum-zinc alloy (approximately 55 percent aluminum, 45 percent zinc) applied by continuous hot-dip method. b. Minimum 0.55-ounce coated weight per square foot as determined by triple-spot test, ASTM A 792. d. 3. 4. 5. 6. E. Provision for Expansion and Contraction: 1. Optional Factory-Punched Roof Panels: 5/16-inch by 3/4-inch-slotted holes at upper end and 5/16-inch-diameter holes at lower end. 2. Slotted Holes: Permit thermal movement of panels without detrimental effect on roof panels. F. Fasteners: 1. Fastener Locations and Quantities: Indicated on erection drawings furnished by metal building system manufacturer. G. Accessories: 1. Accessories (i.e., ventilators, skylights, eave and gable trim, gutters, jacks, and curbs): Standard with metal building system manufacturer, unless otherwise noted and furnished as specified. 2. Metal Coating on Gutters, Downspouts, Gable Trim, and Eave Trim: finish system, fullstrength, 70 percent “Kynar 500” or “Hylar 5000” fluoropolymer (PVDF) coating. 3. Location of Standard Accessories: Indicated on erection drawings furnished by metal building system manufacturer. 2.5 METAL WALL SYSTEM ® A. Exterior Metal Wall System: Butler ManufacturingTM “Butlerib B. Wall System Design: Design wall panels in accordance with AISI North American Specification for the Design of Cold-Formed Steel Structural Members. C. Wall Panels: Butler Manufacturing Metal Building System Version 11.4 133419 - 9 II” wall system. 1. 2. 3. 4. 5. Roll-formed panels, 3 feet wide with 4 major corrugations, 1-1/2 inches high, 12 inches on center, with 2 minor corrugations between each of the major corrugations entire length of panel. One piece from base to building eave. ® Upper End of Panels: Fabricate with mitered cut to match corrugations of “Butlerib II” roof panels of 1/2 inch to 12 inches and square cut for all other roof panels and slopes. Factory punch or field drill wall panels at panel ends and match factory-punched or fielddrilled holes in structural members for proper alignment. Panel Material and Finish: a. 26-gauge painted Galvalume aluminum-zinc alloy (approximately 55 percent aluminum, 45 percent zinc), ASTM A 792. b. Paint with exterior colors of “Butler-CoteTM” finish system, full-strength, 70 percent “Kynar 500” or “Hylar 5000” fluoropolymer (PVDF) coating. c. PVDF Coating Warranty: Metal building system manufacturer shall warrant coating for 25 years for the following. 1) Not to peel, crack, or chip. 2) Chalking: Not to exceed ASTM D 4214, #8 rating. 3) Fading: Not more than 5 color-difference units, ASTM D 2244. D. Fasteners: 1. Wall Panel-to-Structural Connections: Torx-head “ScruboltTM” fasteners. 2. Wall Panel-to-Panel Connections: Torx-head self-drilling screws. 3. Fastener Locations: Indicated on erection drawings furnished by metal building system manufacturer. 4. Exposed Fasteners: Factory painted to match wall color. E. Accessories: 1. Accessories (i.e., doors, windows, louvers): Standard with metal building system manufacturer, unless otherwise noted and furnished as specified. 2. Location of Standard Accessories: Indicated on erection drawings furnished by metal building system manufacturer. 2.6 INSULATION A. Rigid foam board insulation. B. Roof Insulation: 1. Nominal Thickness: ___TBD__ inches. 2. Certified R-Value: ___40_____. C. Roof Assembly U-Factor: __< 0.025___ Btu/hr/sq ft/deg F. D. Wall Insulation: 1. Nominal Thickness: __TBD ___ inches. 2. Certified R-Value: __30____. E. Wall Assembly U-Factor: __≤ 0.032__ Btu/hr/sq ft/deg F. Butler Manufacturing Metal Building System Version 11.4 133419 - 10 F. 2.7 Roof and Wall Insulation Facing: PSK Light Duty (WMP-VR). 1. 0.0015-inch-thick, UV-stabilized, white polypropylene laminated to 11-pound Kraft paper, reinforced with glass-fiber scrim, in white. 2. Adhere facing to Owens-Corning Fiberglas “Certified R”, NAIMA 202, fiberglass blanket. 3. Assembly of Insulation Blanket and Facing: a. Flame Spread Rating: Less than 25. b. UL Label: Submit as specified in Submittals article of this section. c. Perm Rating: 0.09. ERECTION – STRUCTURAL STEEL FRAMING SYSTEM A. Erect structural steel framing system in accordance with the Drawings and metal building system manufacturer’s erection drawings. B. Field Modifications: 1. Require approval of metal building system manufacturer. 2. Responsibility of building erector. 3. Field Modifications to Truss Purlins: Not allowed, unless indicated on erection drawings furnished by metal building system manufacturer. C. Fixed Column Bases: Grout flush with floor line after structural steel erection is complete. Butler Manufacturing Metal Building System Version 11.4 133419 - 11 SITE 7/12/2012 215610934 SECTION 01050 SURVEYING (PROVIDED BY CONTRACTOR) PART 1 1.01 SECTION INCLUDES A. 1.02 1.04 1.05 1.06 Survey requirements for the project. QUALITY CONTROL A. 1.03 GENERAL Employ a Land Surveyor registered in the State of Florida and acceptable to ENGINEER and OWNER to perform survey functions in this section. SUBMITTALS A. Submit name, address, and telephone number of Surveyor before starting survey work. B. On request, submit documentation verifying accuracy of survey work. C. Submit a copy of registered site drawing and certificate signed by the Land Surveyor that the elevations and locations of the work are in conformance with Contract Documents. D. The CONTRACTOR shall provide accurate, detailed, and complete (signed and sealed) record drawings, mylars, and a CD containing CAD files of all record drawing sheets to the ENGINEER. The record drawings shall be signed and sealed by a Florida registered land surveyor. The record drawings shall meet the requirements of SWFMWD and Sarasota County and shall be included in the cost of the project. PROJECT RECORD DOCUMENTS A. Maintain a complete and accurate log of control and survey work as it progresses. B. Record drawings shall be provided by the CONTRACTOR per Section 1.03 D above. EXAMINATION A. Verify locations of survey control points and reference points prior to starting work. B. Promptly notify ENGINEER of any discrepancies discovered. SURVEY REFERENCE POINTS A. CONTRACTOR shall locate and protect survey control and reference points. B. Control datum for survey is that indicated on drawings. C. Protect survey control points prior to starting site work; preserve permanent reference points during construction. 08/03/2012 215610934 SECTION 01050 Page 1 of 2 1.07 D. Promptly report to ENGINEER the loss or destruction of any reference point or relocation required because of changes in grades or other reasons. E. The Registered Surveyor shall replace dislocated survey control points based on original survey control. Make no changes without prior written notice to ENGINEER. SURVEY REQUIREMENTS A. Provide field engineering services. Utilize recognized engineering survey practices. B. Establish a minimum of two permanent benchmarks on site, referenced to established control points. Record locations, with horizontal and vertical data, on project record documents. C. Establish elevations, lines and levels. Locate and lay out by instrumentation and similar appropriate means: D. 1.08 1. Site improvements including pavements; stakes for grading, fill and topsoil placement; utility locations, slopes, and invert elevations. 2. Grid or axis for structures. 3. Building foundation, column locations, and ground floor elevations. Periodically verify layouts by same means. SURVEYS FOR MEASUREMENT AND PAYMENT A. Perform surveys to determine quantities of unit cost work, including control surveys to establish measurement reference lines. Notify ENGINEER prior to starting work. B. CONTRACTOR's Surveyor shall sign field notes or keep duplicate field notes. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used PART 4 4.01 MEASUREMENT AND PAYMENT BASIS OF PAYMENT A. The cost of the work specified in this section shall be included in all the various pay items or work items described in the schedule and no separate payment will be made, unless a separate pay item is established in the Contract Documents. END OF SECTION 01050 08/03/2012 215610934 SECTION 01050 Page 2 of 2 SECTION 01300 SHOP DRAWINGS PART 1 1.01 SECTION INCLUDES A. 1.02 Shop drawing submittal procedures. PROCEDURES A. Submittals shall be made thru Primavera and as further outlined in the General, Special and Supplemental Conditions. B. Upload each item with ENGINEER-accepted form. Identify Project, CONTRACTOR, Subcontractor, and major supplier. Identify pertinent drawing sheet and specification section number as appropriate. Identify deviations from contract documents. Approve all submittals prior to forwarding to ENGINEER by stamping and signing approval stamp. Provide space for CONTRACTOR and ENGINEER review stamps. C. After ENGINEER review of submittal, revise and resubmit as required, identifying changes made since previous submittal. D. Distribute copies of reviewed submittals to concerned persons. Instruct recipients to promptly report any inability to comply with provisions. E. Prior to any submittals, a Schedule of Shop Drawings must be submitted and approved by ENGINEER. PART 2 2.01 GENERAL PRODUCTS SHOP DRAWING SUBMITTAL A. Concrete mix design. B. Storm pipe and structures. C. Signed and sealed pre-engineered building plans. D. Building components. PART 3 EXECUTION Not Used 10/24/03 35097 SECTION 01300 Page 1 of 2 PART 4 A. MEASUREMENT AND PAYMENT The cost of the work specified in this section shall be included in all the various pay items or work items described in the schedule and no separate payment will be made unless a separate pay item is established in the Contract Documents. END OF SECTION 01300 10/24/03 35097 SECTION 01300 Page 2 of 2 SECTION 01310 PROGRESS SCHEDULES PART 1 1.01 SECTION INCLUDES A. 1.02 1.04 1.05 Unless otherwise specified, the CONTRACTOR shall submit a schedule of activities in either of the forms listed below: 1. A horizontal bar chart (minimum sheet size 24" x 36") with separate bar for each major work item. The time sequence shall be designated horizontally at the top of the chart in weeks, months and years. The position of each activity bar shall indicate the work period from beginning to the end of each activity work period. 2. A logic diagram or CPM of all activities showing description, duration, early and late start/finish dates, predecessors, successors, and float time. CONTENT A. The list of activities shall represent the complete scope of the project and shall be subject to approval by the OWNER's representative. B. Show complete sequence of construction by activity, with dates for beginning and completion of each activity listed. REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Show accumulated percentage of completion of each activity, and total percentage of work completed as of the Application for Payment date. C. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. D. Provide narrative report to define problem areas, anticipated delays, and impact on schedule. Report corrective action taken, or proposed, and its effect. SUBMITTALS A. 10/24/03 35099 Scheduling requirements, including submittal and revision procedures. FORMAT A. 1.03 GENERAL Submit preliminary outline schedules within 15 days after date of OWNER-CONTRACTOR Agreement for coordination with OWNER's requirements. After review, submit detailed schedules within 15 days, modified to accommodate revisions recommended by ENGINEER. SECTION 01310 Page 1 of 2 B. 1.06 Submit revised progress schedules with each Application for Payment. SUBMITTAL A. PART 2 Submit six copies of schedules to ENGINEER. PRODUCTS Not Used PART 3 EXECUTION Not Used PART 4 4.01 MEASUREMENT AND PAYMENT BASIS OF PAYMENT A. The cost of the work specified in this section shall be included in all the various pay items or work items described in the schedule and no separate payment will be made, unless a separate pay item is established in the Contract Documents. END OF SECTION 01310 10/24/03 35099 SECTION 01310 Page 2 of 2 SECTION 01411 TESTING SERVICES (PROVIDED BY CONTRACTOR) PART 1 1.01 1.02 1.03 1.04 GENERAL SECTION INCLUDES A. Responsibilities of the CONTRACTOR, OWNER, and Testing Laboratory regarding specified tests. B. Report specifications. SELECTION AND PAYMENT A. Unless otherwise stated in the Contract Documents, the CONTRACTOR will select and pay for the services of an independent testing laboratory to perform tests required by the technical specifications. B. Cost of retests due to failures shall be paid for by the CONTRACTOR in the form of a deduction from the contract amount. C. Utilization of a testing laboratory shall in no way relieve the CONTRACTOR of any obligation to perform work in accordance with the requirements of the Contract Documents. SCHEDULING TESTS A. The CONTRACTOR will furnish the name of the testing laboratory to the OWNER at the preconstruction conference. B. The CONTRACTOR shall be responsible for scheduling each test by notifying the designated laboratory 24 hours prior to the time the test is to be taken. C. The specific requirements, including the type and amount of testing, shall be in accordance with the technical specifications or as otherwise stated in the Contract Documents. D. Ample time shall be allowed for the testing process by the CONTRACTOR, since an extension of time will not be allowed for testing delays or retests due to failures. QUALITY ASSURANCE A. All tests shall be performed by qualified personnel under the direction and control of a Professional Engineer registered in the State of Florida and specializing in Geotechnical or Material analysis as applicable. B. In addition to the tests required by the Contract Documents, the OWNER's Representative may direct the testing laboratory to take any other tests or material 05/18/2011 215_____ SECTION 01411 Page 1 of 3 inspections that he feels necessary to achieve the quality of construction that is specified in the Contract Documents. 1.05 1.06 1.07 LABORATORY RESPONSIBILITIES A. Perform inspection, sampling, and testing in accordance with the Contract Documents. B. Provide qualified personnel to perform all phases of required services and cooperate with OWNER's Representative and CONTRACTOR in the performance of those services. C. Ascertain compliance of materials and related procedures with requirements of the Contract Documents. D. Promptly notify the CONTRACTOR and the OWNER's Representative of any irregularities or non-conformance of work, materials, or product. E. Perform additional inspections or tests requested by the OWNER's Representative. F. Attend pre-construction conferences and progress meetings. LABORATORY REPORTS A. After each inspection or test, promptly submit a laboratory report to the OWNER, the OWNER's Representative, and the CONTRACTOR through Primavera. B. The report shall include the following: 1. Date of report. 2. Project title and number. 3. Date, time, and location of each sample extraction or inspection. 4. Identification of material and method of test. 5. Results of tests. 6. Evaluation of conformance to contract specifications. 7. Notification of retest requirement due to test failure. 8. Site map showing testing locations. LIMITS ON TESTING LABORATORY AUTHORITY A. 05/18/2011 215_____ Laboratory may not release, revoke or alter the requirements of the Contract Documents. SECTION 01411 Page 2 of 3 1.08 B. Laboratory may not approve or accept any portion of the work. C. Laboratory may not assume any duties of the CONTRACTOR. D. Laboratory has no authority to stop the work. CONTRACTOR RESPONSIBILITIES A. Submit proposed mix designs and samples of proposed materials to the designated laboratory as required by the Contract Documents or as requested by the OWNER's Representative. B. Provide access to the site for any tests or inspections. C. Provide labor and facilities to obtain, handle, store, and cure test samples and to facilitate material inspection. D. Cooperate with laboratory personnel to maximize the efficiency of the testing procedure by periodically updating the construction schedule and adhering to the 24hour advance notice requirement for tests. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used PART 4 4.01 MEASUREMENT AND PAYMENT BASIS OF PAYMENT A. In accordance with Article 1.02, Selection and Payment, this section. B. Testing Services (Provided by CONTRACTOR) The cost of all such work specified in this section shall be included in the prices for the other pay items which are included in the contract and no additional compensation will be allowed according to General Conditions . END OF SECTION 01411 05/18/2011 215_____ SECTION 01411 Page 3 of 3 This page left intentionally blank SECTION 01510 TEMPORARY UTILITIES AND CONTROLS PART 1 1.01 REQUIREMENTS A. 1.02 GENERAL Furnish, install, maintain and remove temporary utilities required for construction. See other sections for additional utilities coordination. TEMPORARY TRAILER LOCATION The CONTRACTOR shall obtain approval from the OWNER for any proposed temporary trailer (office) location on site. 1.03 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with National Electric Code. B. Comply with federal, state and local codes and regulations and with utility company requirements. C. Comply with County Health Department Regulations. PART 2 2.01 MATERIALS, GENERAL A. 2.02 2.03 Materials may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions, and must not violate requirements of applicable codes and standards. TEMPORARY ELECTRICITY AND LIGHTING A. Arrange with utility company and OWNER to provide service required for power and lighting, and pay all costs for service and for power used in the construction, testing and trial operation prior to final acceptance of the work by the OWNER as stipulated by the ENGINEER. B. Install circuit and branch wiring, with area distribution boxes located so that power and lighting are available throughout the construction by the use of construction type power cords. C. Provide adequate artificial lighting for all areas of work when natural light is not adequate for work, and for areas accessible to the public. TEMPORARY HEAT AND VENTILATION A. 10/24/03 35108 PRODUCTS Provide temporary heat and ventilation as required to maintain adequate environmental conditions to facilitate progress of the work, to meet specified minimum SECTION 01510 Page 1 of 3 conditions for the installation of materials, and to protect materials and finishes from damage due to temperature or humidity. B. C. 2.04 2.05 2.06 2.07 10/24/03 35108 Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors or gases. Portable heaters shall be standard approved units complete with controls. D. Pay all costs of installation, maintenance, operation and removal, and for fuel consumed. E. Provide connections to existing facilities, extend and supplement with temporary units as required to comply with requirements. Pay all costs of installation, maintenance, operation and removal. TEMPORARY TELEPHONE SERVICE A. Arrange with local telephone service company. B. Pay all costs for installation, maintenance and removal, and service charges. TEMPORARY WATER A. Provide and pay for all required water for construction and consumptive purposes. B. CONTRACTOR may utilize existing on-site water supply system for water needed for construction purposes. However, all water used shall be coordinated with the utility company. A temporary meter may be required. C. Temporary potable water piping shall be chlorinated prior to use to remove bacteriological contaminants. TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities in compliance with laws and regulations. B. Service, clean and maintain facilities and enclosures. EROSION AND PROPERTY CONTROL A. Flow of drains and sewers maintained: Adequate provisions shall be made for the flow of sewers, drains and water courses encountered during construction, and the lines and structures which may have been disturbed shall be immediately restored to their original condition at the expense of the CONTRACTOR. B. Property Protection: Trees, grass, fences, signboards, poles and all other property shall be protected unless their removal is authorized; and any property damage shall be satisfactorily restored by the CONTRACTOR and at the expense of the CONTRACTOR. SECTION 01510 Page 2 of 3 C. 2.08 2.09 CLEANING DURING CONSTRUCTION A. Control accumulation of waste materials and rubbish; periodically dispose of off-site. B. Clean interior areas prior to start of finish work, maintain areas free of dust and other contaminants during finishing operations. CHEMICALS, HAZARDOUS WASTES, AND PETROLEUM PRODUCTS A. PART 3 3.01 All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with manufacturer's instructions or government regulations as applicable. The CONTRACTOR shall legally dispose of and clean the project site of all chemicals, hazardous wastes, and petroleum products placed or used on the site by the CONTRACTOR. EXECUTION REMOVAL A. Completely remove temporary materials and equipment when their use is no longer required as determined by the ENGINEER. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore permanent facilities used for temporary services to specified condition. PART 4 4.01 Provide all means necessary for prevention, control and abatement of erosion, siltation and water pollution resulting from construction until final acceptance by OWNER. Provide for mulching, sodding, sandbagging, berms, slope drains, sedimentation structures, or other devices necessary to meet county, state and federal regulation. MEASUREMENT AND PAYMENT BASIS OF PAYMENT A. Unless otherwise specified in the Contract Documents, the cost of temporary utilities and control shall be included in the various lump sum and unit prices in the contract. END OF SECTION 01510 10/24/03 35108 SECTION 01510 Page 3 of 3 This page left intentionally blank SECTION 01600 MATERIAL AND EQUIPMENT PART 1 1.01 GENERAL SCOPE OF WORK A. 1.02 PART 2 This section provides general guidelines for products provided, including their transportation and handling, storage and protection, options, substitutions and systems demonstration. SUBSTITUTIONS A. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. B. Request constitutes a representation that CONTRACTOR: 1. Has investigated proposed product and determined that it meets or exceeds, in all aspects, specified product. 2. Will provide the same warranty for substitution as for specified product. 3. Will coordinate installation and make other changes which may be required for work to be complete in all respects. 4. Waives claims for additional costs which may subsequently become apparent. C. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents. D. ENGINEER will determine acceptability of proposed substitution, and CONTRACTOR of acceptance or rejection in writing within a reasonable time. will notify PRODUCTS 2.01 Only new materials and equipment shall be incorporated in the work. All material and equipment furnished by CONTRACTOR shall be subject to inspection and approved by ENGINEER. 2.02 Comply with specifications and referenced standards as minimum requirements. 2.03 Components required to be supplied in quantity within a specification section shall be the same, and shall be interchangeable. 2.04 Products specified by reference standards or by description only: standards. 2.05 Products specified by naming one or more manufacturers with a provision for substitutions: Submit a request for substitution for any manufacturer not specifically named. 5/07/97-WMBPSPEC.042 Any product meeting those SECTION 01600 Page 1 of 2 PART 3 3.01 3.02 3.03 EXECUTION TRANSPORTATION AND HANDLING A. Transport products by methods to avoid product damage; deliver in undamaged condition in manufacturer's unopened containers or packaging, dry. B. Provide equipment and personnel to handle products by methods to prevent soiling or damage. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. STORAGE AND PROTECTION A. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather-tight enclosures; maintain within temperature and humidity ranges required by manufacturer's instructions. B. For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with weather-tight enclosure as recommended by manufacturer. Provide ventilation to avoid condensation. C. Store loose granular materials on solid surfaces in a well-drained area. Prevent mixing with foreign matter. D. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required conditions. E. Materials which in the opinion of the ENGINEER have become so damaged as to be unfit for the use intended or specified shall be removed from the site of the work. CONTRACTOR shall receive no compensation for the damaged material or its removal. SYSTEMS DEMONSTRATION A. Prior to final inspection, demonstrate operation of each system to ENGINEER and OWNER. B. Instruct OWNER's personnel in operation, adjustment, and maintenance of equipment and systems, using the operation and maintenance data as the basis of instruction. PART 4 4.01 MEASUREMENT AND PAYMENT BASIS OF PAYMENT A. The cost of the work in this section shall be included in all the various pay items or work items described in the schedule and no separate payment will be made, unless a separate pay item is established in the Contract Documents. END OF SECTION 01600 5/07/97-WMBPSPEC.042 SECTION 01600 Page 2 of 2 SECTION 01700 CONTRACT CLOSE-OUT PART 1 1.01 SECTION INCLUDES A. 1.02 1.03 1.04 10/24/03 35129 GENERAL Requirements and procedures for Contract Closeout. CLOSE-OUT PROCEDURES A. Comply with procedures stated in General Conditions and Special Conditions of the contract for issuance of Certificate of Substantial Completion. B. When CONTRACTOR considers work has reached final completion, submit written certification that Contract Documents have been reviewed, work has been inspected, and that work is complete in accordance with Contract Documents and ready for ENGINEER's inspection. C. In addition to submittals required by the conditions of the contract, provide submittals required by governing authorities, and submit a final statement of accounting giving total adjusted contract sum, previous payments, and sum remaining due. D. When ENGINEER finds the work is acceptable for final acceptance, close-out documents shall be submitted. FINAL CLEANING A. Execute prior to final inspections. B. Clean interior and exterior surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. Clean equipment and fixtures to a sanitary condition. Clean or replace filters of mechanical equipment. Clean roofs, gutters, downspouts, and drainage systems. C. Clean site, sweep paved areas, rake clean other surfaces. D. Remove waste and surplus materials, rubbish, and construction facilities from the project and from the site. PROJECT RECORD DOCUMENTS A. Store documents separate from those used for construction. B. Keep documents current; do not permanently conceal any work until required information has been recorded. C. At Contract close-out, submit documents with transmittal letter containing date, project title, CONTRACTOR's name and address, list of documents, and signature of CONTRACTOR. SECTION 01700 Page 1 of 2 1.05 1.06 WARRANTIES AND BONDS A. Provide duplicate, notarized copies. Execute CONTRACTOR's submittals and assemble documents executed by subcontractors, suppliers, and manufacturers. Provide table of contents and assemble in binder with durable plastic cover. B. Submit material prior to final application for payment. For equipment put into use with OWNER's permission during construction, submit within 30 days after first operation. For items of work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. SPARE PARTS AND MAINTENANCE MATERIALS A. 1.07 EVIDENCE OF PAYMENT AND RELEASE OF LIENS A. 1.08 Provide products, spare parts, and maintenance materials in quantities specified in each section, in addition to that used for construction of work. Delivery to OWNER and obtain receipt prior to final payment. Submit complete and legally effective releases or waivers of all liens filed in connection with the work in compliance with Contract Documents. FINAL APPLICATION FOR PAYMENT A. PART 2 Submit final application for payment in accordance with procedures and requirements stated in the Contract Conditions. PRODUCTS Not Used PART 3 EXECUTION Not Used PART 4 4.01 MEASUREMENT AND PAYMENT BASIS OF PAYMENT A. Unless otherwise specified in the Contract Documents, the cost of complying with this section of the specifications shall be included in the various lump sum and unit prices in the contract. END OF SECTION 01700 10/24/03 35129 SECTION 01700 Page 2 of 2 SECTION 01730 OPERATION AND MAINTENANCE DATA PART 1 1.01 1.02 SECTION INCLUDES A. Format and content of manuals. B. Instruction of OWNER's personnel. C. Schedule of submittals. QUALITY ASSURANCE A. 1.03 1.04 10/24/03 35130 GENERAL Prepare instructions and data by personnel experienced in maintenance and operation of described products. FORMAT (In accordance with Special Conditions) A. Prepare data in the form of an instructional manual. B. Binders: Commercial quality, 8½ x 11 inch three-ring binders with hardback, cleanable, plastic covers. When multiple binders are used, correlate data into related consistent groupings. C. Cover: Identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of project identify subject matter of contents. D. Arrange content by systems under section numbers and sequence of Table of Contents of this project manual. E. Provide tabbed flyleaf for each separate product and system, with typed description of product and major component parts of equipment. F. Drawings: Provide with reinforced punched binder tab. Bind in with text; fold large drawings to size of text pages. CONTENTS, EACH VOLUME A. Table of Contents: Provide title of project; names, addresses, and telephone numbers of ENGINEER, sub-consultants, and CONTRACTOR with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For each Product or System: List names, addresses and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product Data - Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. SECTION 01730 Page 1 of 3 D. 1.05 1.06 10/24/03 35130 Drawings - Supplement product data to illustrate relations of component parts of equipment and systems, to show control and flow diagrams. MANUAL FOR MATERIALS AND FINISHES A. Building Products, Applied Materials, and Finishes: Include product data, with catalog number, size, composition, and color and texture designations. Provide information for re-ordering custom manufactured products. B. Instructions for Care and Maintenance: Include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture Protection and Weather Exposed Products: Include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional Requirements: As specified in individual product specification sections. MANUAL FOR EQUIPMENT AND SYSTEMS A. Each Item of Equipment and Each System: Include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. B. Panelboard Circuit Directories: Provide electrical service characteristics, controls and communications. C. Include color-coded wiring diagrams as installed. D. Operating Procedures: Include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut-down, and emergency instructions. Include summer, winter, and any special operating instructions. E. Maintenance Requirements: Include routine procedures and guide for trouble-shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule, and list of lubricants required. G. Include manufacturer's printed operation and maintenance instructions. H. Include sequence of operation by controls manufacturer. I. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. SECTION 01730 Page 2 of 3 1.07 1.08 K. Provide CONTRACTOR's coordination drawings, with color-coded piping diagrams as installed. L. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. M. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. INSTRUCTION OF OWNER PERSONNEL A. Before final inspection, instruct OWNER's designated personnel in operation, adjustment, and maintenance of products, equipment, and systems. A minimum of two man-days shall be provided. B. Use operation and maintenance manuals as basis for instruction. Review contents of manual with personnel in detail to explain all aspects of operation and maintenance. C. Prepare and insert additional data in Operation and Maintenance Manual when need for such data becomes apparent during instruction. SUBMITTALS A. Submit four copies of preliminary draft or proposed formats and outlines of contents before start of work. ENGINEER will review draft and return one copy with comments. B. For equipment, or component parts of equipment put into service during construction and operated by OWNER, submit documents within ten days after acceptance. C. Submit four copies of revised volumes of data in final form within ten days after final inspection. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used PART 4 4.01 MEASUREMENT AND PAYMENT BASIS OF PAYMENT A. Unless otherwise specified in the Contract Documents, the cost of providing operation and maintenance data shall be included in the various lump sum and unit prices in the contract. END OF SECTION 01730 10/24/03 35130 SECTION 01730 Page 3 of 3 This page left intentionally blank SECTION 02703 TRENCHING AND BACKFILLING FOR PIPING PART 1 1.01 SCOPE A. 1.02 GENERAL The work specified in this section consists of the excavation, bedding, and backfilling of trenches for water main, storm sewer, sanitary sewer, force main, irrigation lines, and utility lines. Also included is the excavation and backfilling of pertinent structures, such as manholes, inlets, pump stations, etc. REFERENCES A. Referenced standards or specifications such as ASTM, AASHTO, or AWWA, shall be the latest edition. B. WilsonMiller Specifications Sections: 02817 CLEARING AND GRUBBING 02820 EXCAVATION AND EMBANKMENT C. Attachments Figure A (Section 02703) 1.03 SUPPLEMENTAL REQUIREMENTS A. 1.04 1.05 SUBSURFACE CONDITIONS A. The CONTRACTOR shall be responsible for determining the subsurface conditions in areas where excavation can be anticipated. The type of soil, depth and thickness of rock and unsuitable materials, ground water table, and other factors that affect cost shall be evaluated prior to submitting a bid. B. The method used to determine subsurface conditions shall be the responsibility of the CONTRACTOR. Soil borings (if provided) only supply information in the exact location of each boring; therefore, on-site exploration of the subsurface is the CONTRACTOR's responsibility. All on-site exploration shall be scheduled with the OWNER and coordinated with jurisdictional agencies and utility companies. PROTECTION A. 10/24/03 35383 The requirements in this section are the minimum for this project. Any additional requirements stated in the Contract Documents or otherwise specified by the manufacturer or any governmental agency in a permit, code, or ordinance shall take precedence over the requirements of this section. With the exception of sheeted excavations for deep pipe installations, wet wells or other poured in place construction activity, all excavations or trenches shall be backfilled immediately after the work is completed. The CONTRACTOR shall plan the daily construction activity whereby trenches are backfilled and compacted in accordance with the accompanying specifications at the end of each work day. Should it be necessary for reasons other than standard construction procedures to leave an excavation open the CONTRACTOR shall isolate and protect the workers and the general public from the entire excavation by barricades, fences, signs, lights or other devices required by the contract documents and/or local agency codes. SECTION 02703 Page 1 of 6 B. The CONTRACTOR shall comply with the applicable trench safety standards specifically set forth in Florida's Trench Safety Act. C. Pavement, sidewalk, driveway, curb and gutter, and other structures shall be protected from damage during excavation wherever possible and as directed in the Contract Documents. PART 2 2.01 2.02 BEDDING MATERIALS A. Crushed stone bedding material: Crushed, washed, and graded in accordance with ASTM C-33, gradation 67. B. Sand bedding: Clean sand, free of clay, silt, debris, roots, vegetation, or rock larger than one-half inch in diameter. C. Clean 3/8 inch washed shell material. BACKFILLING MATERIALS A. Select fill: Materials excavated from the limits of construction or imported that conform to AASHTO Standard M-145, Groups A-1 and A-3 and free of rocks or gravel, clay, silt, debris, roots and vegetation. B. Common fill: Material that conforms to AASHTO Standard M-145, Groups A-1, A-2, or A-3, free of rocks or gravel, clay, silt, debris, roots and vegetation. PART 3 3.01 3.02 10/24/03 35383 PRODUCTS EXECUTION PREPARATION A. Investigate existing conditions and identify line and grade stakes as applicable. Arrange for placement of materials required to minimize the duration of open trenches or excavated areas. B. Install well points or other approved methods of dewatering as required so that the discharged water complies with all pertinent ordinances, codes, permits, or requirements of the Contract Documents. C. Implement traffic control and protective devices as may be applicable. D. For pipe lines placed above the natural ground, embankment shall be placed and compacted to an elevation of at least two feet above the top of the pipe and to a width equal to four pipe diameters prior to trench excavation. The minimum side slopes shall be six feet (horizontal) to one foot (vertical). CLEARING AND GRUBBING SECTION 02703 Page 2 of 6 3.03 3.04. 3.05 A. Prior to trench excavation, the existing surface that will be disturbed by the excavation operation shall be cleared and grubbed in accordance with WilsonMiller Specification Section 02817 CLEARING AND GRUBBING. B. The limits of clearing and grubbing for this section shall be as shown on the plans or as otherwise specified in the Contract Documents. Where the clearing limits are not shown or stated, the limits of clearing and grubbing shall be the smallest area that will facilitate the construction of work specified. TRENCH WIDTH A. Trenches for pipe construction shall be excavated to a width that will provide enough working space next to the pipe and facilitate proper compaction of backfill material around the haunches of the pipe. All such trench excavation shall comply with the manufacturer's recommendations for the type of pipe used. B. Excavation for structures such as manholes, inlets, pump stations, etc. shall be large enough to provide adequate working room. A minimum distance of two feet shall be provided between the outside edge of the structures and the side or wall of the excavation to allow for proper backfilling and compaction. EXCAVATION A. All trenches shall be excavated by open cut unless otherwise indicated in the Contract Documents. B. The length of the open cut trench that is excavated ahead of the pipe laying operation shall not exceed half of the normal daily production length. The excavation and pipe laying operation shall be coordinated so that all pipe laid in one day is fully backfilled except for the last length of pipe in an unfinished run between structures. ROCK EXCAVATION A. 3.06 UNSUITABLE MATERIALS A. 3.07 3.08 Where materials unsuitable for backfilling are encountered during trench excavation, these materials shall be separated from the suitable materials and disposed of off-site or utilized on-site in embankment areas as authorized by the OWNER's Representative. REPLACEMENT MATERIAL A. 10/24/03 35383 Where rock is encountered during the performance of work specified in this section, the rock shall be excavated in accordance with WilsonMiller Specifications Section 02820 EXCAVATION AND EMBANKMENT. Where unsuitable material including rock larger than six inches is excavated and hauled off-site, replacement material shall be acquired from on-site excavation as provided by the Contract Documents or as authorized by the OWNER. Where replacement material is not available from the site, the CONTRACTOR shall furnish fill material from an off-site borrow source. Only materials that conform to Article 2.02 of this section may be used for backfilling operations unless otherwise specified in the Contract Documents or authorized in writing by the OWNER's Representative. PREPARATION OF TRENCH BOTTOM SECTION 02703 Page 3 of 6 3.09 3.10 A. Where rock is encountered at the bottom of the trench, the trench shall be undercut to a depth of at least six inches below the bottom of the pipe to allow for a bedding cushion above the rock. B. Where muck, roots or other organic materials are encountered at the bottom of the trench, the trench shall be undercut to remove the unsuitable material to the satisfaction of the OWNER's Representative. C. The CONTRACTOR shall dewater the excavation operation as required to provide a dry trench bottom. Prior to beginning work CONTRACTOR shall prepare their dewatering plan and obtain all necessary permits. BEDDING A. Where the exposed material at the bottom of the trench meets the requirements of Article 2.01 this section, the existing material may be used as bedding, provided it is compacted. B. Where the bottom of the trench has been undercut to remove rock or unsuitable material, the bottom shall be brought up to grade by placing and compacting bedding materials conforming to the requirements of Article 2.01 this section. C. In exceptionally wet conditions, the CONTRACTOR may request permission from the OWNER's representative to lay the pipe in water. If that request is authorized, the CONTRACTOR shall undercut the existing bottom a minimum of six inches and replace with "bedding material" conforming to Article 2.01A or 2.01C this section. This bedding material shall be tamped and consolidated to provide a solid and unyielding base for the pipe. During this operation, the CONTRACTOR shall continue the dewatering process to facilitate adequate installation of the pipe or structure and to permit observation of the process by the OWNER's representative. The additional undercut excavation, crushed stone bedding, and other associated costs shall be at the CONTRACTOR's expense and no extra compensation will be allowed. BACKFILLING A. 10/24/03 35383 Backfilling of pipe trenches shall be done in three stages as follows: 1. First Stage: Material above the bedding and beneath the haunches compacted in six-inch layers. 2. Second Stage: Material along the sides of the pipe up to at least one foot above the top of the pipe compacted in six-inch layers. 3. Third Stage: Material above the second stage up to the bottom of the subgrade or the finished surface as applicable compacted in 12-inch layers. B. Backfilling of structures shall be done in 12- inch compacted layers up to the top of the completed or partially completed structure. C. Materials used for backfilling shall comply with the requirements of Article 2.02 this section or as otherwise authorized in writing by the OWNER's representative. For backfilling of pipe, "Select Fill" shall be used for the first and second stages."Common Fill" shall be used for the third stage of pipe backfill and for backfilling structures. SECTION 02703 Page 4 of 6 3.11 COMPACTION A. The compaction requirements for backfilling pipe trenches and around structures are listed below under the following categories. These requirements are the minimum percentages of the maximum density determined by the "Modified Proctor Density" (ASTM D-1557). 1. Under and adjacent (within ten feet) to pavement shall be 95 percent except within three feet of bottom of subbase grade it shall be 98 percent. 2. Not under pavement: Any area outside the 10 feet referred to above shall be 95% for all stages. These requirements are the minimum percentages of the maximum density determined by the "Modified Proctor Density" (ASTM D-1557). 3. B. The CONTRACTOR shall add water or dry out the material used for backfilling until the moisture content is within two percent of the optimum moisture required to achieve the maximum compaction. C. A density test shall be taken for each 300 lineal foot section of trench or part thereof for each layer. D. A density test shall be taken for every other layer for each structure. PART 4 4.01 MEASUREMENT AND PAYMENT BASIS OF PAYMENT A. 10/24/03 35383 Under and adjacent (within ten feet) to structures shall be 95 percent except within three feet of finished grade it shall be 98 percent. Unless otherwise specified in the Contract Documents, the cost of trenching and backfilling shall be included in the various lump sum and unit prices in the contract. SECTION 02703 Page 5 of 6 This page left intentionally blank EXCAVATED TRENCH WIDTH THIRD STAGE 1.0’ PIPE WIDTH SECOND STAGE SPRINGLINE PIPE PIPE ZONE FIRST STAGE BEDDING FIGURE A N.T.S. END OF SECTION 02703 10/24/03 35383 SECTION 02703 Page 6 of 6 This page left intentionally blank SECTION 02705 RESTORATION AND GENERAL REQUIREMENTS PART 1 1.01 GENERAL SCOPE A. 1.02 The work specified in this section consists of restoring existing surfaces or any improvements such as but not limited to pavement, curb and gutter, sidewalk, structures, signs, or landscaping damaged during construction. SPECIFICATIONS AND STANDARDS REFERENCE A. Any reference to a supplementary specification or standard such as ASTM, AWWA, AASHTO, is intended to be a reference to the latest edition of that specification or standard. B. All references to "FDOTSPEC" shall mean the latest edition of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction". C. WMBP Specifications Section: 02703 TRENCHING AND BACKFILLING FOR PIPING PART 2 2.01 PRODUCTS MATERIALS A. Flexible Pavement: Comply with requirements of Sections 901, 902, 911, 913, 914, 916, and 917 of the FDOTSPEC. B. Concrete Pavement, Driveway, Sidewalk, Curb and Gutter: Sections 901, 902, 921, 923, 924, and 925 of the FDOTSPEC. C. Grassing: Comply with requirements of Section 981, 982, and 983 of the FDOTSPEC. PART 3 3.01 3.02 Comply with requirements of EXECUTION GENERAL A. Existing property damaged during construction shall be restored to a condition at least equal to the original condition of the property, unless otherwise specified in the Contract Documents. B. Existing roadway or drainage improvements damaged within a roadway or drainage right-ofway or easement shall be restored in accordance with the requirements of the state, county, and city agencies having jurisdiction thereof. UNDERGROUND FACILITIES A. Existing underground utilities and drainage systems damaged during construction shall be immediately repaired to the specifications of the owner of the damaged system. Where the utility owner elects to make said repairs under his direction, the CONTRACTOR shall pay for such repair costs directly. B. Where damage to existing underground utilities is anticipated due to unavoidable conflicts, the CONTRACTOR shall construct his work so as to cause the least amount of interruption of service as possible. Doc # 5/07/97-WMBPSPEC.056 SECTION 02705 Page 1 of 4 C. 3.03 TRENCHING AND BACKFILLING A. 3.04 3.05 3.06 3.07 Where construction changes the land surface elevation and existing valve boxes are present, the valve box will be extended or reduced by means of new extension pieces of proper length for the finished grade. Any trenching and backfilling required to satisfy the requirements of this section shall be in accordance with Section 02703, TRENCHING AND BACKFILLING FOR PIPING. PAVEMENT CUTS A. On dead end streets, collector streets, and high traffic streets, trenching and pipe laying shall be performed in such a manner that at least one-way traffic is maintained at all times. B. All trench lines across existing pavements, driveways, sidewalks, curbs, etc. shall be saw cut in straight parallel lines prior to trench excavation. C. CONTRACTOR shall exercise care to minimize amount of pavement, sidewalk, driveways, and curbing to be removed. CONCRETE PAVEMENT, CURB AND GUTTER, ETC. A. Concrete pavement, driveway, sidewalk, and curb and gutter damaged during construction shall be restored to the same dimensions as that removed or as specified in the Contract Documents. All such restoration shall be in accordance with the applicable Sections 345, 350, 520, 522, of FDOTSPEC. B. Prior to placing concrete, the subgrade shall be compacted to at least 98% of the maximum density determined by the "Modified Proctor Density" (ASTM D-1557). FLEXIBLE PAVEMENT A. Stabilized subgrade damaged during construction shall be restored in accordance with Section 160 of FDOTSPEC. The restored stabilized subgrade shall have a minimum bearing value of LBR-40, and be compacted to at least 98% of the maximum density determined by the "Modified Proctor Density" (ASTM D-1557). B. Soil cement or shell base damaged during construction shall be restored in accordance with Sections 270 and 250 respectively of FDOTSPEC. The minimum density of the restored base shall be 98% of the maximum density determined by the "Modified Proctor Density" (ASTM D-1557). After completion of the base course, a bituminous prime coat shall be applied in accordance with Section 300 of FDOTSPEC when applicable prior to placement of asphalt surface course. C. Asphalt surfaces damaged during construction shall be replaced with a similar surface in accordance with Section 330 of FDOTSPEC. The material used shall be the same type and the thickness of that damaged, except that the minimum thickness shall be one inch. In the case of multiple layers, each layer or course of the damaged asphalt surface shall be reconstructed to duplicate the original. LANDSCAPING AND MISCELLANEOUS A. Trees and bushes damaged during construction shall be removed and replaced with equal size and type by the CONTRACTOR at his expense unless otherwise specified in the Contract Documents. Doc # 5/07/97-WMBPSPEC.056 SECTION 02705 Page 2 of 4 3.08 B. Grassed areas damaged during construction shall be repaired with the same type sod unless otherwise specified in the Contract Documents. C. Sodding and grassing and mulching operations shall begin within a maximum of three (3) weeks after utility installation, except in cases of front and back slopes which shall be done immediately following installation completion. Any yards or part of right-of-way in front of private property, that has a grass mat, shall be re-sodded with like sod. CONTRACTOR shall maintain disturbed areas until acceptable vegetation is re-established. D. Areas without established grass mats in front of vacant lands shall be restored by seeding and mulching. The grass mat shall be restored to the required design or finished grade to permit proper drainage. E. Unimproved areas such as an open field or lot having its surface disturbed during construction shall be graded to duplicate the existing conditions and seeded and mulched unless otherwise specified in the Contract Documents. F. Any damage to an existing irrigation system caused by the construction operations shall be repaired by the CONTRACTOR prior to the installation of sod, seed, or other landscaping unless otherwise specified in the Contract Documents. G. Mailboxes, railroad ties, or any other miscellaneous items damaged during construction shall be repaired to the satisfaction of the OWNER's representative unless otherwise specified in the Contract Documents. DENSITY TESTS A. Density tests shall be performed in accordance with 3.08B and elsewhere in the specifications as may apply. The CONTRACTOR shall pay for all tests related to restoration work. B. Field density tests shall be required for each stage of fill, stabilized subgrade, soil cement base, and asphalt surface in accordance with the frequency listed below unless otherwise authorized by the OWNER's representative. * Transverse Trench Crossing - one/location/stage * Longitudinal Trench - one/300 LF/stage * Pavement Repair - one/1000 SY/stage C. 3.09 Concrete shall be tested for slump, air content, and compressive strength every 50 cubic yards for continuous pours. For smaller volume work, the same tests shall be taken for each separate pour. A minimum of four (4) sample cylinders shall be made when testing for compressive strength. GENERAL REQUIREMENTS A. Maintenance of Service - CONTRACTOR shall provide facilities and be responsible for protection of all structures, buildings and utilities, underground, on the surface, or above ground, against trenching, dewatering or any other activity connected with work covered by this modifications of existing utilities, CONTRACTOR shall provide for maintaining continuous water electric, telephone, gas, sewage and other utilities, to all present customers of such utilities unless approval is obtained in writing from the utility company or OWNER for the interruption of such services. B. Existing Facilities - Underground structures shown on the plans are according to the best available information, but it shall be the responsibility of the CONTRACTOR to acquaint himself with the exact location and to avoid conflict with all existing facilities. Where Doc # 5/07/97-WMBPSPEC.056 SECTION 02705 Page 3 of 4 underground structures are damaged, they shall be immediately repaired to the specifications of the OWNER of the utility. If the OWNER of the utility elects to make such repairs with his own forces, CONTRACTOR shall make arrangements as to protect the OWNER from all damages. Where such conflicts are unavoidable, every effort shall be made to construct the work so as to cause as little interference as possible with services rendered by the structure disturbed. C. Utility Installation Permits - CONTRACTOR shall obtain necessary permits for construction across public and private property, streets, railroads, telephone lines, power lines, etc. CONTRACTOR shall abide by all rules, regulations and requirements of the OWNER of such property in regard to construction under this contract, including giving of notices, provisions for inspection and employment of such methods of construction as may be required. Costs of any permits shall be incidental to construction and reflected in unit prices bid. D. Work in State Rights-of-Way - Construction in state rights-of-way shall comply with the State of Florida Department of Transportation (FDOT) Utility Accommodation Guide. E. Work in County/City Rights-of-Way - Construction in county/city rights-of-way shall comply with the utility accommodation manual for the agency having jurisdiction. F. Clearing of Excavation Corridor - Only items necessary to provide adequate work space including space for hubs, batter boards, and equipment shall be removed within the right-of-way, easement, or designated construction corridor. Trees, shrubbery, poles, mail boxes, and other items not to be removed shall be protected from damage during construction. When necessary to cut tree roots and branches, such cutting shall be performed with saws in a neat and workmanlike manner. PART 4 4.01 MEASUREMENT AND PAYMENT BASIS OF PAYMENT A. There shall be no separate payment for any work defined in this section. The cost of any such restoration work shall be included in the various work items that necessitate the restoration unless otherwise specified in the Contract Documents. Any reference to unit price payment in the FDOTSPEC shall not be applicable. END OF SECTION 02705 Doc # 5/07/97-WMBPSPEC.056 SECTION 02705 Page 4 of 4 SECTION 02707 STORM SEWERS, PIPE AND STRUCTURES PART 1 1.01 SCOPE A. 1.02 GENERAL Work specified in this section consists of furnishing and installing a storm drainage system with all the component parts specified in the Contract Documents. Included are storm sewers, pipe culverts, manholes, crossing boxes, inlets, catch basins, pipe end treatments, restoration, and other similar items defined in this section. SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be the latest edition. B. WilsonMiller Specifications Sections: 02703 TRENCHING AND BACKFILLING FOR PIPING 02705 RESTORATION AND GENERAL REQUIREMENTS C. All references to "FDOTSPEC" shall mean the latest edition of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction". D. All references to "FDOT INDEX BOOK" shall mean the latest edition of the "FDOT Roadway and Traffic Design Standards". PART 2 2.01 CORRUGATED ALUMINUM ALLOY CULVERTS A. 2.02 Corrugated steel pipe, including round culvert pipe, pipe arch and under-drain, and coupling bands for each type, shall conform to requirements of Section 943, FDOTSPEC. Corrugated steel pipe shall be bituminous coated, both sides, in accordance with requirements of AASHTO M 190, Type A, (Fully Bituminous Coated). REINFORCED CONCRETE PIPE A. 10/24/03 35419 Aluminum alloy culvert pipe shall meet requirements of Section 945, FDOTSPEC. Where bituminous-coated aluminum pipe is specified, bituminous coating shall meet requirements of AASHTO M 190, for Type A, (Fully Bituminous Coated). CORRUGATED STEEL PIPE AND PIPE ARCH A. 2.03 PRODUCTS Reinforced concrete pipe materials shall conform to Section 941, FDOTSPEC. SECTION 02707 Page 1 of 8 2.04 B. Reinforced Concrete Pipe (Round) - Unless otherwise specified, reinforced concrete pipe shall meet the requirements of ASTM Designation C 76, "Standard Specification for Reinforced Concrete Pipe", Class III, Wall Thickness B. Lifting holes will not be permitted in pipe. CONTRACTOR shall only use pipe joint lubricants supplied by or recommended by pipe manufacturer. Lubricant shall be water-soluble, non-toxic, and inhibitor to bacterial growth, and shall be non-detrimental to the elastromeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco(r), cooking oil, grease, etc.) shall not be used. Joints for round reinforced concrete pipe shall be made by use of "O-Ring", round synthetic rubber gaskets meeting the requirements of Sections 430-7 and 942-1, FDOTSPEC. An 18-inch wide Mirafi wrap shall be centered on each joint. C. Reinforced Concrete Pipe (Elliptical) - Elliptical concrete pipe shall meet the requirements of ASTM C 507, except exceptions and modifications to ASTM C 76, as specified in Section 941-1.3, FDOTSPEC shall apply also to elliptical pipe. Standard elliptical pipe shall meet requirements of Table I for Class HE-III and special elliptical pipe shall meet requirements of Table I for Class HE-IV. Lifting holes will not be permitted in pipe. Joints for elliptical concrete pipe shall be designed in accordance with ASTM C443 and AASHTO M198 and provide a rubber gasketed watertight connection. For pipe sizes greater than 58" X 91" use same joint as arch pipe. An 18-inch wide Mirafi wrap shall be centered on each joint. D. Reinforced Concrete Pipe (Arch Pipe) - Arch concrete pipe shall meet the requirements of ASTM C 506, except exceptions and modifications to ASTM C 76, as specified in 941.1.3., FDOTSPEC shall apply where applicable to arch pipe. Lifting holes will not be permitted in pipe. Joints for arch concrete pipe - field joints for arch concrete pipe shall be made with a pre-formed plastic gasket material. Gasket material shall meet the requirements of Section 942-2, FDOTSPEC. Material shall be "Ram Nek" as manufactured by K.T. Snyder Co. or approved equal. An 18-inch wide Mirafi wrap shall be centered on each joint. CORRUGATED POLYETHYLENE PIPE A. Corrugated polyethylene pipe shall meet the requirements of AASHTO M294 specification except size range shall be expanded through 36-inch diameter. Minimum pipe values shall be as follows: DIAMETER 12” 15” 18” 24” 30” 36” 2.05 PIPE STIFFNESS 45 psi 42 psi 40 psi 34 psi 28 psi 22 psi N FACTOR .12 .12 .12 .12 .12 .12 MORTAR, BRICK, AND REINFORCING BARS A. 10/24/03 35419 INTERIOR Smooth Smooth Smooth Smooth Smooth Smooth Mortar used for constructing and plastering manholes, catch basins, drop inlets and junction boxes shall meet the requirements of ASTM Specification Serial Designation C 270. CONTRACTOR shall use either a Portland cement-hydrated lime mixture cement or a Portland cement mixture with masonry cement added for SECTION 02707 Page 2 of 8 improved workability. However, the same materials must be used throughout the project. Mortar materials shall be proportioned by volume and shall be as follows: One (1) part Type I Portland Cement - ASTM C-150 Three (3) parts Aggregate (sand) - ASTM C-144 Addition of masonry cement, ASTM C-91 will be permitted to improve workability of mortar. 2.06 B. Brick used in construction of manholes, catch basins, drop inlets and junction boxes shall be Portland cement concrete meeting the requirements of ASTM Serial Designation C-55, Grade P II. C. All bars shall be deformed Reinforcing Steel and shall meet the requirements of Specifications for Billet-Steel Bars for Concrete Reinforcement (ASTM A-15), and to Specifications for Deformation on Deformed Steel Bars (ASTM A-305) for concrete reinforcement. All bars shall be lapped and placed in accordance with ACI Requirements and Specifications. STRUCTURES A. 2.07 IRON CASTINGS A. 2.08 PART 3 Conflict boxes shall be constructed at the location and depth indicated on the plans and in accordance with details shown. EXECUTION GENERAL A. 10/24/03 35419 Frames, covers and gratings shall be of the type and duty shown on the plans. Iron castings shall conform to ASTM A-48, Class 30, gray cast iron. All castings shall be true to pattern in form and dimension, free from faults or other defects. Bearing surfaces between cast frames, cover and grates shall be machined fitted together and match-marked to prevent rocking. All covers shall have a concealed type pickhole (non-penetrating), and shall have the words "storm sewer" cast thereon. CROSSING BOXES (CONFLICT BOXES) A. 3.01 Structures shall be precast or cast in place. Work specified in this section shall consist of furnishing all concrete, reinforcing steel, ties, forms, labor, materials, and placing of all embedded pipe sleeves, fixtures, joist anchors, etc., necessary to complete the work shown on the plans and specified herein, all in accordance with the Southern Building Code and the American Concrete Institute Building Code Requirements for Reinforced Concrete (ACI 318). All concrete shall develop 3,000 psi compressive strength in 28 days. Coarse aggregate shall be no smaller than 1/2-inch in diameter. Pipe and structures shall be constructed at the location and elevations specified on the plans and in accordance with the details specified in the Contract Documents. SECTION 02707 Page 3 of 8 3.02 TRENCHING AND BACKFILLING A. 3.03 MATERIAL HANDLING A. 3.04 3.05 10/24/03 35419 Pipe and accessories shall be loaded and unloaded by lifting with hoists or skidding in a manner that will avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. In distributing material at the site of the work, each piece shall be off-loaded near the place where it is to be laid in the trench. PIPE LAYING A. In general, corrugated metal pipe shall be installed in accordance with the Handbook for Steel Drainage and Highway Construction Products, published by the American Iron and Steel Institute. In general, concrete pipe shall be installed in accordance with the Concrete Pipe Installation Manual, published by the American Concrete Pipe Association. B. Laying of pipe in finished trenches shall be commenced at the lowest point, and shall progress up-grade. All pipe shall be carefully laid, true to the lines and grades given, with hubs upgrade and tongue end fully entered into the hub. When pipe with quadrant reinforcement, or circular pipe with elliptical reinforcement is used, pipe shall be installed in a position such that manufacturer's marks designating "top" and "bottom" of the pipe shall not be more than five degrees from the vertical plane through the longitudinal axis of the pipe. Any pipe that is not in true alignment or which shows any settlement after laying shall be taken up and re-laid without additional compensation. Pipe and joints shall be kept clean at all times. SAND CEMENT RIP RAP A. 3.06 Excavation, bedding, and backfilling of trenches during the construction of a storm drainage system shall comply with the requirements of WilsonMiller Specifications Section 02703, TRENCHING AND BACKFILLING. Where the plans and specifications call for sand cement construction, bags shall be made of burlap. Paper bags will not be permitted. PIPE END TREATMENTS A. Where storm drains connect to a lake, location of the headwall or end section shown on the plans shall be adjusted to fit the slope of the lake bank. Length of pipe at each end treatment shall be adjusted accordingly, and the quantity of pipe paid for shall be the actual length installed. B. If mitered ends are called for on the plans, mitered end section shall be constructed so that the top of the pipe end will match and intersect the designed slope of the lake bank, and the concrete collar slope shall conform to the mitered end detail. SECTION 02707 Page 4 of 8 C. 3.07 10/24/03 35419 Storm drainage CONTRACTOR and lake excavation CONTRACTOR shall coordinate the location and installation of the headwall or mitered end section to be constructed at the lake bank. All "field adjustments" to end treatment location or elevation shall be approved by the ENGINEER of Record prior to construction. JOINING ARCH CONCRETE PIPE A. Joint Design - CONTRACTOR shall furnish the ENGINEER with details in regard to configuration of the joint and the amount of gasket material required to affect a satisfactory seal. Joint surfaces which are to be in contact with the gasket material shall not be brushed or wiped with a cement slurry. Minor voids may be filled with cement slurry provided that all excess cement slurry is removed from the joint surface at the point of manufacture. B. Primer - Prior to application of gasket material, a primer of the type recommended by the manufacturer of the gasket material shall be applied to all joint surfaces which are to be in contact with the gasket material. The surface to be primed shall be thoroughly cleaned and dry when primer is applied. C. Application of Gasket - Prior to placing a section of pipe in the trench, gasket material shall be applied to form a continuous gasket around the entire circumference of the leading edge of the tongue. The paper wrapper on the exterior surface of the gasket materials shall be left in place until immediately prior to joining of sections. The gasket material shall be checked to assure it is bonded to the joint surface, immediately prior to placing a joint in the trench. Plastic gasket material shall be applied only to surfaces which are dry. A hand heating device shall be kept at the job site to dry joint surfaces immediately before application of the plastic gasket material. When the atmospheric temperature is below 60°F, plastic joint seal gaskets shall either be stored in an area warmed to above 70°F, or artificially warmed to this temperature in a manner satisfactory to the ENGINEER. D. Installation of Arch Concrete Pipe - Handling of a section of pipe after the gasket material has been affixed shall be carefully controlled to avoid displacement of gaskets or contamination of gasket material with dirt or other foreign material. Any gasket displaced or contaminated in handling of the pipe shall be removed and repositioned or replaced as directed. Pipe shall be installed in a dry trench. The bottom of the trench shall be carefully shaped so as to minimize the need for realignment of sections of pipe after they are placed in the trench. Care shall be taken to properly align each section of pipe to the gaskets coming into contact. Realignment of a joint after the gaskets come into contact tends to reduce the effectiveness of the seal and shall be held to a minimum. When pipes are joined, the entire joint shall be filled with gasket material and there shall be evidence of squeeze-out of gasket material for the entire internal and external circumference of the joint. Excess material on the interior of the pipe shall be trimmed to provide a smooth interior surface. After the pipe is in its final position, joint shall be carefully examined to determine the gasket material is satisfactorily adhering to all surfaces of the joint and the entire joint is filled with gasket material. If a joint is defective, the leading section of pipe shall be removed and the joint resealed. SECTION 02707 Page 5 of 8 E. 3.08 3.09 3.10 INSTALLATION OF CORRUGATED POLYETHYLENE PIPE A. Pipe shall be joined by split corrugated couplings at least seven corrugations wide and exceeding soil tightness requirements of the AASHTO Standard Specifications for Highway Bridges Section 23 (2.23.2). Unless otherwise specified by the ENGINEER, a mastic type gasket shall be utilized. B. Pipe and accessories shall be unloaded by using skidways, hoists or dropping on non-paved areas, in a manner that does not damage the pipe. C. Pipe shall be installed in accordance with ASTM 2321 specifications. PLACING OF CONCRETE FOR STRUCTURES A. Concrete shall be deposited in clean wet form as nearly as practicable in its final position to avoid segregation. Concrete placing shall be carried on at such a rate that the concrete is, at all times, plastic and flows readily into the spaces between the bars. Concreting shall be a continuous operation until the panel or section is completed. Walls and slabs shall be poured monolithically unless shown otherwise on the plans. All structural concrete shall be mechanically vibrated. B. No concrete shall be allowed a free fall of more than four feet or allowed to strike against a vertical or inclined surface or reinforcement above point of deposit. Placing by means of pumping may be allowed, contingent upon the adequacy of the equipment for this particular work. The operation of the pump shall be such that a continuous stream of concrete without air pockets is produced. C. Placing of concrete shall be so regulated the pressure caused by wet concrete shall not exceed that used in the design of the forms. After the concrete has taken its initial set, care shall be exercised to avoid jarring the forms or placing any strain on the ends of projecting reinforcement. D. Joints between the junction box and manhole walls and incoming and out-going pipes shall be sealed with Portland Cement Mortar to form a watertight joint. All pipes in manholes or catch basins shall be sawed off flush with the inside face of the structure and sawed ends of these pipes shall be grouted with Portland Cement Mortar to a smooth uniform covering with no steel exposed. FINAL INSPECTION OF STORM WATER SYSTEM A. 10/24/03 35419 In addition to the required gasketed joint, a filter fabric jacket shall be included. The filter fabric jacket shall conform to FDOT Miscellaneous Drainage Detail Index No. 280 Sheet 1. Each sewer, upon completion, or at such time as the ENGINEER may direct, is to be cleaned and inspected. All repairs or alterations shown necessary by these inspections shall be made; all broken or cracked pipe removed; all excessive infiltration or exfiltration corrected; all deposits in pipe and manholes removed; and the sewer left clean, true to line and grade and ready for use. Each section of pipe from manhole to manhole is to show a full circle of light from either end. Each manhole shall be to the specified form and size, to the proper depth and watertight. SECTION 02707 Page 6 of 8 3.11 ADJUSTING EXISTING STRUCTURES A. 3.12 RESTORATION A. PART 4 4.01 Existing manholes, catch basins, inlets, conflict boxes, monument boxes, etc., within the limits of the proposed work, that do not conform to the finished grade of the proposed pavement, or to the finished grade designated on the plans for such structures, shall be cut down or extended, and made to conform to the grade of the new pavement, or to the designated grade of the structure if outside of the proposed pavement area. The materials and construction methods for this work shall conform to the requirements specified above. Where manholes are to be raised, the adjustment may, at the CONTRACTOR's option, be made by the use of adjustable extension rings of the type which do not require the removal of the existing manhole frame. The extension device shall provide positive locking action and shall permit adjustment in height as well as diameter. The particular type of device used shall be submitted to the ENGINEER for review. Existing surfaces or property improvements damaged during the construction of work specified in this section shall be repaired in accordance with the requirements of WilsonMiller Specifications Section 02705 RESTORATION AND GENERAL REQUIREMENTS. MEASUREMENT AND PAYMENT METHOD OF MEASUREMENT A. The quantities of storm sewer and pipe culvert to be paid for under this section shall be the lengths of the various types and sizes of pipe satisfactorily completed according to the Contract Documents. The pay quantity shall be in linear feet measured along the centerline of the pipe with no deductions for manholes, inlets, crossing boxes, or catch basins. For pipe other than the main line where the pipe connects to a manhole, inlet, conflict box, or catch basin, the measurement of the pipe shall extend to the center of the applicable structure. Where a pipe terminates with a headwall, endwall, mitered end or other end treatment, the measurement of the pipe shall extend to the end of the pipe. This method also applies where pipe connects to a control structure, weir, or cast in place structures. 10/24/03 35419 B. The quantities for manholes, inlets, conflict boxes, and mitered end sections paid for under this section shall be the number of the various types and sizes satisfactorily completed according to the Contract Documents. C. The quantities of existing structure adjustment to be paid for under this section shall be the number of existing manholes, inlets, conflict boxes or other similar structure satisfactorily adjusted, unless otherwise specified. SECTION 02707 Page 7 of 8 4.02 BASIS OF PAYMENT A. The quantities, determined by the methods described above, shall be paid for at the contract unit prices established for each pay item. Such payment shall constitute full compensation for all work specified in this section including all labor, materials, equipment, and other incidental costs required to construct the work defined in this section. B. Unless otherwise specified in the Contract Documents, restoration work shall not be paid for separately. The cost of any such restoration work shall be included in the various work items that necessitate the restoration. END OF SECTION 02707 10/24/03 35419 SECTION 02707 Page 8 of 8 SECTION 02813 SEEDING, MULCHING, AND SODDING PART 1 1.01 DESCRIPTION A. PART 2 2.01 2.02 GENERAL Work specified in this section consists of the required sodding, grassing and mulching, or hydro-seeding/mulching in conformity with the lines and grades shown on the plans. PRODUCTS SODDING A. The sod shall be Argentine Bahia and shall be well matted with grass roots. It shall be sufficiently thick to secure a dense stand of live grass with a minimum thickness of two inches. The sod shall be live, fresh and uninjured at the time of planting. It shall be shaded and kept moist from the time of digging until planting. B. Fertilizer to be used shall be a standard balanced fertilizer, such as 6-6-6, 8-8-8, 1010-10, with 25 percent organic. GRASSING AND MULCHING A. Seed 1. Unless other types of seed are called for in the plans or have been approved as an acceptable blend, permanent type grass seed shall be a mixture of 20 parts of Bermuda seed and 80 parts of Pensacola Bahia seed. Quick-growing type grass shall be species which will provide an early ground cover during the particular season when planting is done and will not later compete with the permanent grass. The separate types of seed used shall be thoroughly mixed immediately before sowing. Seed which has become wet shall not be used. a. B. Mulch 1. 10/24/03 35579 The Bermuda seed shall be an equal mixture of hulled and unhulled seed. The Pensacola Bahia seed shall be scarified seed, having a minimum active germination of 40 percent and a total germination of 85 percent. All seed shall meet the requirements of the State Department of Agriculture and Consumer Services and all applicable state laws. Unless otherwise approved by the ENGINEER, the mulch material used shall normally be dry mulch. Dry mulch shall be straw or hay consisting of oat, rye or wheat straw, or of pangola, peanut, coastal bermuda or bahia grass hay. Only undeteriorated mulch which can readily be cut into the soil shall be used. SECTION 02813 Page 1 of 7 C. Fertilizer 1. D. Dolomitic Limestone 1. E. A cultipacker, traffic roller or other suitable equipment will be required for rolling the grassed areas. HYDRO-SEEDING/MULCHING A. Seed (all seed shall meet the requirements of the State Department of Agriculture) 1. 10/24/03 35579 The mulching equipment shall be a type capable of cutting the specified materials uniformly into the soil and to the required depth. Harrows will not be allowed. Rollers 1. 2.03 The seed spreader shall be an approved mechanical hand spreader or other approved type of spreader. Equipment for Cutting Mulch into Soil 1. I. The device for spreading fertilizer and dolomitic limestone shall be capable of uniformly distributing the material at the specified rate. Seed Spreader 1. H. The water used in the grassing operations may be obtained from any approved spring, pond, lake, stream or municipal source. The water shall be free of excess and harmful chemicals, acids, alkalies or any substance which might be harmful to plant growth or obnoxious to local residents or traffic. Brackish or salt water shall not be used. Fertilizer Spreader 1. G. Shall be an approved product, designated for agricultural use. Water 1. F. Commercial fertilizers shall comply with the state fertilizer laws. The numerical designations for fertilizer indicate the minimum percentages (respectively) of (1.) total nitrogen, (2.) available phosphoric acid, and (3.) water soluble potash, contained in the fertilizer. The chemical designation shall be 12-8-8. At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur. Unless otherwise approved by the ENGINEER, Type I fertilizer shall be used. Argentine Bahia - Scarified seed SECTION 02813 Page 2 of 7 2. B. Gulf Rye (or Brown Top Millet as approved) Note: to be used in conjunction with permanent type seed (1) above, during particular seasons when early ground cover is desired, as directed by the ENGINEER. Mulch 1. The mulch material shall be wood cellulose fiber material for use in hydroseeding slurry, especially prepared for this purpose, or an approved substitute. 2. It shall be processed in such a manner that it will contain no growth-inhibiting or germination-inhibiting factors and shall be dyed an appropriate color for readily determining the rate of spread by visual observation. It shall be manufactured in such manner that after agitation in slurry tanks, with fertilizer, grass seed and water (and with other additives which may be approved for use), the fibers in the material will readily become uniformly suspended in the solution to form a homogeneous slurry; also that when the slurry is hydraulically sprayed on the ground, the mulch material will act to form a blotter-like ground cover impregnated uniformly with grass seed, and will allow the absorption of water and permit rainfall and watering to percolate to the undersoil. The CONTRACTOR shall, if requested, submit appropriate certification from the producer or the supplier, that the material meets all of the above requirements, based upon laboratory and field tests of the product. The air dry weight (as defined by the Technical Association of the Pulp and Paper Industry, for wood cellulose) shall be marked on each package by the producer. C. Fertilizer 1. D. Water 1. E. The water used in the grassing operations may be obtained from any approved spring, pond, lake, stream or municipal water system. The water shall be free of excess and harmful chemicals, acids, alkalies, or any substance which might be harmful to plant growth or produce obnoxious odor. Salt water shall not be used. Equipment 1. 10/24/03 35579 The fertilizer to be used shall be a standard balance fertilizer, such as 6-6-6, 8-88 or 10-10-10, with 25 percent organic unless otherwise recommended for any particular area as approved by the ENGINEER. Select acid forms of recommended fertilizer if pH adjustments is indicated by soil tests. The equipment for mixing the slurry and for applying the slurry over the areas to be seeded shall be especially designed for this purpose, and shall meet the approval of the ENGINEER. It shall be capable of applying a uniform slurry, (and of the mulch, when specified to be included), in a uniform application over the entire area to be hydro-seeded. SECTION 02813 Page 3 of 7 PART 3 3.01 3.02 EXECUTION SODDING A. Immediately before the sod is placed, fertilizer shall be applied evenly at the equivalent rate of approximately 20 pounds of 6-6-6 per 1,000 square feet and shall be cut into the soil with suitable equipment. B. The sod shall be taken up in 12-inch by 12-inch squares, except where the plans may call for narrower strips. The sod shall be firmly embedded by light tamping. C. After the sod has been placed, it shall be thoroughly watered. Water shall not be applied between the hours of 8:00 AM and 4:00 PM. D. Sodding includes maintaining sod until growth is established. All erosion, siltation and maintaining grades is the responsibility of the CONTRACTOR until the ENGINEER determines root system has adequately "survived" and taken "hold". GRASSING AND MULCHING A. Fertilizing, seeding or mulching operations will not be permitted when wind velocities exceed 15 miles per hour. Seed shall be sown only when the soil is moist and in proper condition to induce growth. No seeding shall be done when the ground is frozen, unduly wet or otherwise not in a tillable condition. B. Whenever a suitable length of roadway slopes or adjacent areas has been graded, it shall be made ready, approved by the ENGINEER, and grassed in accordance with these specifications. Grassing shall be incorporated into the project at the earliest practical time in the life of the contract. C. All grassing shall be completed on shoulder areas prior to the placement of the friction course on adjacent pavement. D. The several operations involved in the work shall proceed in the following sequence: Fertilizing (and/or application of limestone) and preparation of the ground, spreading of mulch, seeding, cutting-in mulch and rolling. E. The ground over which the seed is to be sown shall be prepared by disk-harrowing and thoroughly pulverizing the soil to a suitable depth. The prepared soil shall be loose and reasonably smooth. It shall be reasonably free of large clods, roots, and other material which will interfere with the work or subsequent mowing and maintenance operation. No subsequent operations shall be commenced until the ENGINEER has approved the condition of the prepared areas. F. The fertilizer and/or limestone shall be spread uniformly in one or more applications as specified below: 1. 10/24/03 35579 An initial application of 500 pounds per acre. SECTION 02813 Page 4 of 7 10/24/03 35579 2. Unless otherwise directed, a second application of 400 to 500 pounds per acre shall be applied within 90 calendar days after the initial application on projects which have not been accepted prior to this time. 3. Unless otherwise directed, a third application of 400 to 500 pounds per acre shall be applied within 270 to 360 calendar days after the initial application on projects which have not been accepted prior to this time. G. On steep slopes or other areas where machine-spreading may not be practicable, the spreading may be done by hand. Immediately after the fertilizer is spread, it shall be mixed with the soil to a depth of approximately four inches. H. The plans or special provisions may designate that a separate application of fertilizer and/or dolomitic limestone be made subsequent to other operations. I. While the soil is still loose and moist, the seed shall be scattered uniformly over the grassing area. Unless shown otherwise in the plans or the special provisions, the rate of spread for the permanent type seed mixture shall be 150 pounds per acre. J. Seed of an approved quick-growing species of grass, such as rye, Italian rye, millet, or other cereal grass, shall be spread in conjunction with the permanent type seed mixture. The type of quick-growing seed used shall be appropriate to provide an early ground cover during the particular season when planting is done. The rate of spread shall be 30 pounds per acre. K. When mulching, approximately two inches, loose thickness, of the mulch material shall then be applied uniformly over the seeded area, and the mulch material cut into the soil with the equipment specified, so as to produce a loose mulched thickness of three to four inches. Care shall be exercised that the materials are not cut too deeply into the soil. L. Immediately after completion of the seeding, the entire grassed or mulched area shall be rolled thoroughly with the equipment specified. At least two trips over the entire area will be required. M. The seeded areas shall be watered so as to provide optimum growth conditions for the establishment of the grass. In no case, however, shall the period of maintaining such moisture be less than two weeks after the planting. N. On steep slopes, where the use of a machine for the cutting-in process described above is not practicable, the construction operations shall be modified as follows: 1. The fertilizer shall be applied uniformly, at the rate specified, and shall be raked in and thoroughly mixed with the soil to a depth of approximately two inches. 2. The seeding operations shall follow the fertilizing. 3. The mulch material, in lieu of being cut into the soil, may be anchored down. Anchoring shall be done by either of the following methods: SECTION 02813 Page 5 of 7 3.03 3.04 a. Placing a layer of soil, approximately two inches thick by nine inches wide, along the upper limits of the mulch, and spotting soil piles over the rest of the area at a maximum spacing of four feet. b. Spreading a string net over the mulch, using stakes driven flush with the top of the mulch, at six foot centers, and stringing parallel and perpendicular, with diagonals in both directions. HYDRO-SEEDING/MULCHING A. The ground areas to be hydro-seeded/mulched shall be clean earth, free of tree limbs, stumps, roots, rocks, etc. B. Seed and Fertilizer The proportions of seed and fertilizer used in the slurry shall be as follows or as otherwise approved by the ENGINEER. 1. Gulf Rye of Brown Top Millet seed at 40 pounds per acre. 2. Scarified Argentine Bahia seed at 100 pounds per acre. 3. Apply fertilizer at the equivalent rate of 10 pounds of 6-6-6 per 1,000 square feet unless otherwise approved by the ENGINEER. C. Mulching - When the mulch material is to be included in the slurry mixture, it shall be applied at the rate of 1,000 pounds of mulch material per acre, when the moisture content of the "air-dry" mulch does not exceed ten percent. If this moisture content exceeds ten percent, a proportional increase of mulch material shall be made, as directed by the ENGINEER. The application of the slurry over the seeding areas shall be in accordance with the directions of the manufacturer of the hydro-seeding equipment, and as directed by the ENGINEER. The slurry mixture shall be maintained uniform by continuous agitation during the application. D. Watering The hydro-seeding areas shall be watered so as to provide optimum growth conditions for the establishment of the grass. In no case, however, shall the period of maintaining such moisture be less than four weeks after planting. MAINTENANCE The CONTRACTOR shall, at their expense, maintain the planted or sodded areas in a satisfactory condition until final acceptance or completion of the project, whichever is the latest. Such maintenance shall include the filling, leveling and repairing of any washed or eroded areas as may become necessary, equipment damaged areas, etc. The ENGINEER, at any time, may require replanting or resodding of any areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Replanting or replacement shall be at the CONTRACTOR's expense. PART 4 4.01 10/24/03 35579 MEASUREMENT AND PAYMENT METHOD OF MEASUREMENT SECTION 02813 Page 6 of 7 The quantity to be paid for shall be the area in square yards of sodding, grassing and mulching, or hydro-seeding/mulching, completed and accepted. The quantity shall be determined by the actual measurement in place within the lines which were authorized. When this work is required for restoration due to pipeline installation, all disturbed areas will be covered. 4.02 BASIS OF PAYMENT The quantity of sodding, grassing and mulching, or hydroseeding/mulching, as determined above, shall be paid for at the contract unit price per square yard for these items, which price and payment shall be full compensation for all labor and material, transportation and any other items necessary for satisfactorily performing the work described on the plans and in conformity with these specifications. When this work is required for restoration due to pipeline installation, the costs will be included in the pipeline unit prices. END OF SECTION 02813 10/24/03 35579 SECTION 02813 Page 7 of 7 This page left intentionally blank SECTION 02817 CLEARING AND GRUBBING PART 1 1.01 1.02 GENERAL SCOPE A. Work specified in this section consists of clearing and grubbing within areas specified in the Contract Documents or as directed by the OWNER's representative. Work under this section includes removal and disposal of all trees, brush, stumps, grass, roots, and other such protruding objects. Also included is the removal and disposal of buildings, structures, existing pavement, other existing facilities, and debris not required to remain or to be salvaged that is necessary to prepare the area for the proposed construction. CONTRACTOR shall notify all utility companies or utility owners (both public or private) of their intent to perform such work and shall coordinate field location of utility lines prior to commencement of construction. B. Other miscellaneous work considered necessary for the complete preparation of the overall project site is also included under this section. Work includes, but is not limited to, the following: 1. Plugging of wells encountered within the project limits which are to be abandoned. 2. Leveling and restoration of terrain outside the limits of construction for purposes of facilitating maintenance and other post-construction operations. 3. Trimming of certain trees and shrubs within project limits for utilization in subsequent landscaping of the project. 4. Plugging or sealing of culvert pipes or other structures to prevent erosion or collapse of adjacent soils. SPECIFICATION AND STANDARDS REFERENCE A. PART 2 Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc. are referenced, such references shall be latest edition. PRODUCTS Not Used 10/24/03 35593 SECTION 02817 Page 1 of 6 PART 3 3.01 EXECUTION CLEARING AND GRUBBING A. Clearing and Grubbing shall consist of complete removal and disposal of all items stated in Article 1.01 which are not specified for removal under other items of the contract. The CONTRACTOR shall obtain all permits/approvals necessary for disposal at their own expense. The CONTRACTOR shall obtain tree removal permits. B. Unless otherwise shown in the plans or Contract Documents, Standard Clearing and Grubbing shall be done within the following areas: C. 1. All areas where any type of excavation is to be done. 2. All areas where any type of embankment will be constructed. 3. All areas where any type of structure, including pipe culverts or pipe lines, will be installed or constructed. 4. All areas where any type of pavement will be constructed. 5. Other areas designated in the plans or by the specifications. Depths of Removal 1. 10/24/03 35593 In areas listed below, all roots and other debris shall be removed to a depth of at least one foot below ground surface. The surface shall then be plowed to a depth of at least six inches and all roots exposed shall be removed to a depth of at least one foot. All stumps including subsurface roots shall be completely removed to the satisfaction of the ENGINEER. Trees shall be removed so roots are pulled out rather than broken or sawed off. Areas requiring the removal methods stated in this paragraph are as follows: a. Excavation areas where the excavated material is to be used in embankment construction under permanent structures such as but not limited to pavement and buildings. b. Embankment areas under permanent structures such as but not limited to pavement, buildings, sewage treatment facilities, bridges, etc. c. Excavation areas where roots or similar vegetation in the top one foot would interfere with disking, harrowing, or finish grading operations prior to seeding or landscaping. d. Lots and building areas. SECTION 02817 Page 2 of 6 3.02 3.03 In all other excavation areas not listed above where clearing and grubbing is to be done, all roots, stumps, and debris protruding through or appearing on the surface of the completed excavation shall be removed or cut off below the excavated surface. 3. In all other embankment areas not listed above where clearing and grubbing is to be done, all roots, stumps, and debris protruding through or appearing on the surface shall be removed to a depth of at least one foot below the surface but no plowing or harrowing will be required in these areas. D. Trees to Remain: As an exception to the above provisions, where so directed by the OWNER's representative, desirable trees within the clearing limits shall be protected, left standing, and trimmed to prevent damage to limbs during construction. No equipment shall stand, stop, or travel across or inside the drip line of any trees or vegetation designated to be saved or protected. E. Boulders: Any boulders laying on the top of the existing surface or otherwise encountered during the clearing and grubbing shall be removed and disposed of by the CONTRACTOR in areas provided by the CONTRACTOR. As an alternate to off-site disposal and at the CONTRACTOR's expense, he may elect to utilize these boulders in embankments provided the conditions of Article 3.04 in Section 02820 are satisfied. Any breaking or splitting of boulders that may be necessary to comply with size requirements for embankment shall be incidental to the cost of clearing and grubbing. No boulders or rock shall be left or placed in building pads, lots, or building embankment areas. SELECTIVE CLEARING AND GRUBBING A. Selective clearing and grubbing shall consist of removing and disposing of all vegetation, obstructions, etc, as provided above except that in non-structural areas where the CONTRACTOR so elects, roots may be cut off flush with the ground surface. Stumps shall be completely removed. Undergrowth shall be completely removed except in areas designated by the OWNER's representative for aesthetic purposes. B. Desirable trees, that are designated by the OWNER's representative to remain, shall be protected and trimmed in such a way to avoid damage to limbs during construction. SPECIAL CLEARING AND GRUBBING A. 10/24/03 35593 2. In certain areas that are inaccessible by machines or are considered environmentally sensitive, ENGINEER may specify Special Clearing and Grubbing. Where listed as a separate pay item, Special Clearing and Grubbing shall consist of removal and disposal of all trees, brush stumps, roots, debris or other objects protruding through the surface by cutting off flush with the ground surface. The use of any machinery that would disturb the original ground surface condition will not be permitted. SECTION 02817 Page 3 of 6 3.04 3.05 ERADICATION OF EXOTIC VEGETATION A. Where listed as a separate pay item, Eradication of Exotic Vegetation shall consist of removal and disposal of Australian Pine, Melaleuca, Brazilian Pepper, and other species specifically stated on the plans or specified herein. Also included shall be the removal of the subsurface root system for each exotics. B. In areas where removal is modified to permit cutting off flush with in the ground surface, stump and root system shall be treated with an agency approved chemical herbicide that will ensure the eradication of the root system. C. Within the limits established for the Eradication of Exotic Vegetation, all other trees, brush, etc. not classified as exotic shall be removed, unless designated in the field by the OWNER's representative to remain. The removal and disposal of non-exotic vegetation shall conform to the provisions of Article 3.01. REMOVAL OF EXISTING PAVEMENT A. 3.06 REMOVAL OF EXISTING STRUCTURES A. 3.07 Work specified in this article consists of the removing and disposing of existing pavement surfaces such as, but not limited to, pavement, sidewalk, curb, and gutter where shown in the plans, or required to be removed during construction operations, or as required by the ENGINEER. Work specified in this article shall include removal and disposal of existing buildings, bridges, pipes, and structures of whatever type as specifically shown in the plans to be removed or as otherwise specified for removal in the Contract Documents. Also included are structures of whatever type or portions thereof which are encountered during construction operations. Where partial removal of a structure is approved by the ENGINEER, the portion of the existing structure shall be backfilled, plugged, or filled in such a way that will prevent the settlement, movement, erosion or collapse of the adjacent soils. DISPOSAL OF MATERIALS A. Timber, stumps, roots, brush, boulders, rubbish, and other objectionable material resulting from work specified in this section shall be disposed of off-site in locations provided by the CONTRACTOR. 3.08 OWNERSHIP OF MATERIALS A. PART 4 4.01 10/24/03 35593 Except as may be otherwise stated in the Contract Documents, all buildings, structures, appurtenances and other materials removed by the CONTRACTOR shall become the property of the CONTRACTOR, to be disposed of in areas provided by him. MEASUREMENT AND PAYMENT METHOD OF MEASUREMENT SECTION 02817 Page 4 of 6 A. General: For the various items of work specified in this section when listed as a separate pay item, payment shall be made by the unit price or the lump sum amount as established in the Contract Documents. Where no separate pay item is established, the cost of all such work shall be included in the various scheduled items of work specified in the Contract Documents, except as provided below. B. Clearing and Grubbing: Measurement of Clearing and Grubbing shall include only the areas specified in the Contract Documents that are required to be cleared to permit the construction of the various items of work. Areas that are cleared for convenience, access, or other purposes that are not a requirement of construction will not be measured for payment. C. Selective Clearing and Grubbing: Measurement of Selective Clearing and Grubbing shall include all areas shown in the plans or designated in the field by the OWNER's representative. This measurement shall include the total area within the limits of Selective Clearing and Grubbing and no deduction shall be made for areas in which desirable trees and brush are designated to remain. Where the limits of Selective Clearing and Grubbing are shown on the plans or otherwise established in the Contract Documents but no separate pay item established, the measurement of such work shall be included in the quantity or lump sum amount of "Clearing and Grubbing". D. Special Clearing and Grubbing: Measurement of Special Clearing and Grubbing shall include all areas shown in the plans or designated in the field by the OWNER's representative. This measurement shall include only actual areas cleared by the hand method and shall not include areas cleared by other methods or areas that remain in their original condition. Where the limits of Special Clearing and Grubbing are shown on the plans or otherwise established in the Contract Documents but no separate pay item established, the measurement of such work shall be included in the quantity or lump sum amount of "Clearing and Grubbing". E. Eradication of Exotic Vegetation: Measurement of Eradication of Exotic Vegetation shall include areas shown on the plans or designated in the field by the OWNER's representative. This measurement shall include the total area within the limits established for Eradication of Exotic Vegetation and include the areas within these limits where non-exotic vegetation is removed. Where the OWNER's representative has designated desirable vegetation to remain within these limits, no deduction of area shall be made for the "saved" areas. Where limits of Eradication of Exotic Vegetation are shown on the plans or otherwise established in the Contract Documents but no separate pay item established, the measurement of such work shall be included in the quantity or lump sum amount of "Clearing and Grubbing." F. 10/24/03 35593 Removal of Existing Pavement: When a separate pay item is established for the Removal of Existing Pavement, the quantity to be paid shall be by the square yard for the actual quantity removed and disposed of off-site. For curb and gutter, slope pavement, and other irregular areas, the measurement shall be generally taken as an approximate horizontal surface. Where lump sum payment is provided, such payment shall be compensation for the removal of areas shown on the plans or otherwise specified in the Contract Documents. SECTION 02817 Page 5 of 6 Where a separate pay item is established for curb, gutter, or curb and gutter removal, the measurement shall be measured by the lineal foot at the flow line of the gutter or at the top of curb where there is no gutter. Where separate pay has not been provided for curb or curb and gutter removal, the measurement shall be included in the area for pavement removal as stated above. When no separate payment is provided for the Removal of Existing Pavement and no applicable item of excavation or embankment covering such work is listed, the costs of this work shall be included in the contract price for the item of Clearing and Grubbing or for the pipe or other structure of which the pavement removal is required. 4.02 G. Removal of Existing Structures: When separate payment for Removal of Existing Structures or Removal of Existing Buildings is provided, the work shall be paid for at the contract lump sum price. When direct payment is not provided, the cost of such removal and disposal shall be included in the contract price for Clearing and Grubbing or if no clearing and grubbing is included, in the compensation for the other items covering the new structure to be constructed. H. Burning: Unless otherwise specified in the Contract Documents, and where permitted, burning shall be considered as being part of the process of disposing of materials and the cost of such work shall be included in the item which requires the disposal of materials. BASIS FOR PAYMENT A. General: Prices and payments for the various work items included in this section shall constitute full compensation for all work described herein and shall include all removal, disposal, protecting, trimming, breaking, plugging, eradication, or any other items specified in this section. B. Pay Items: For all work specified in this section, payment shall be made in accordance with the list of pay items established or as otherwise defined in the Contract Documents. The description of a pay item in the proposal section may vary from the descriptions stated in this section. END OF SECTION 02817 10/24/03 35593 SECTION 02817 Page 6 of 6 SECTION 02820 EXCAVATION AND EMBANKMENT PART 1 1.01 SCOPE A. 1.02 GENERAL Work specified in this section consists of excavation and embankment required for roadways, lakes, ditches, swales, berms, canals, parking areas, site fill, building pads, retention areas, structure excavation, and other similar work described herein or shown on the plans. This section includes preparation of subgrades, construction of embankments, utilization or disposal of materials excavated, and compaction and finish grading of excavated areas and embankments. All work shall conform to the proposed alignment, elevations, slopes, and cross-sections shown on the plans. SPECIFICATION AND STANDARDS REFERENCE A. PART 2 Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc. are referenced, such references shall be latest edition. PRODUCTS Not Used PART 3 3.01 EXECUTION CLASSIFICATION OF EXCAVATION A. General: Included in the excavation under this section are materials of whatever nature encountered within the required limits of excavation (except material removed during clearing and grubbing). Determination of sub-surface conditions and its effect on construction costs are the sole responsibility of the CONTRACTOR. Sub-surface conditions between soil borings that may be provided can vary greatly from those conditions found at the location where the sample was extracted. Locating existing underground utilities shall be the responsibility of the CONTRACTOR. In the event of any utility conflict, the CONTRACTOR shall immediately inform the utility company, OWNER and the ENGINEER of the conflict. CONTRACTOR shall be responsible for the immediate repair of any utility lines damaged during construction. CONTRACTOR shall notify all utility companies or utility owners, both public or private of their intent to perform such work and coordinate field location of utility lines prior to commencement of construction. Where separate classification is provided in the proposal, excavation specified under this section may be listed as any of the following classes: (1) Regular Excavation, (2) Swale Excavation, (3) Subsoil Excavation, (4) Rock Excavation, (5) Lake Excavation (unclassified). 10/24/03 35597 SECTION 02820 Page 1 of 11 For any of the above classifications not specifically listed as a separate pay item in the proposal or included as part of another pay item, all excavation of such type shall be included under the item of Regular Excavation. If the item of Regular Excavation is not listed in the proposal, all costs included in the excavation of roadway, swales, subsoil, rock, lakes, structures (including utilization or disposal of materials) shall be incidental to the general cost of the project and no additional compensation will be allowed. B. Regular Excavation: Regular Excavation shall consist of excavation of materials necessary for construction of roadways, ditches, sidewalks, building pads, retention ponds, and other surfaces as shown in the plans. Excavated material suitable for embankment shall be utilized in areas requiring fill with all excess material spread or stockpiled on site where shown on the plans or as directed by the OWNER's representative. C. Swale Excavation: Swale Excavation shall consist of excavation of swales and ditches as indicated on the plans and shall include the utilization of suitable excavated materials in areas requiring fill with all excess material spread or stockpiled on site where shown on the plans or as directed by the OWNER's representative. D. Subsoil Excavation: Subsoil Excavation shall consist of the excavation and off-site disposal of muck, clay, roots, or any other material that is determined to be unsuitable by the OWNER's Geotechnical Engineer in its original position and that is excavated below the finished grading template. If provided in the plans or Contract Documents unsuitable material shall be stockpiled in areas on site designated by the OWNER. E. Rock Excavation: Rock Excavation shall consist of excavation of rock and boulders necessary for construction of roadways, ditches, lakes, and other cut sections shown on the plans. It shall also include the utilization and disposal of excavated rock and boulders according to Articles 3.02, 3.03, and 3.04 in this section. For the purpose of classifying rock excavation as a pay item, the rock strata encountered shall be of such thickness and hardness as to preclude removal by using a modern 3/4 yard hydraulic backhoe maintained in excellent operating condition, Caterpillar 235 or equal. 10/24/03 35597 F. Rock Blasting: All blasting is strictly prohibited. G. Lake Excavation (Unclassified): Lake Excavation (Unclassified) shall consist of excavation of all material necessary for construction of lakes according to the depths, dimensions, side slopes, and in the locations shown in the plans. It shall also include the utilization of excavated materials and the disposal of unsuitable materials in accordance with Articles 3.02 and 3.03 in this section. All materials excavated shall be considered as "unclassified". CONTRACTOR shall be responsible for any investigation of sub-surface conditions and subsequent SECTION 02820 Page 2 of 11 determination of the amount of rock, roots, and other materials to be incorporated into his price. CONTRACTOR shall construct the lake banks in strict accordance with the ordinances or laws governing the excavation. All slopes must be equal to the specified slopes. The bottom of the lake shall not be excavated below the specified depth without prior written approval of the OWNER and the governing agency. H. Structure Excavation: Work specified in this sub-article consists of excavating for bridge foundations, box culverts, pipe culverts, sewers, pipe lines, retaining walls, pump stations, manholes, inlets, catch basins, sewage and water treatment plants and other similar type facilities shown on the plans. It shall also include (1) the construction and removal of cofferdams, sheeting, bracing, etc.; (2) dewatering; (3) disposal of structures (of whatever type) encountered during excavation; (4) disposal of unsuitable materials; (5) bedding materials; (6) backfilling and the compacting thereof; (7) utilization of excess suitable materials according to article 3.02 this section. Material excavated (of whatever nature) shall be classified for utilization or disposal according to Articles 3.02 and 3.03. The excavation shall be of such size and depth as to facilitate the construction and/or installation of each structure according to the location and elevations shown in the plans. Rock blasting, rock excavation, demolition of structures or foundations, or any unusual or undefined work that may be necessary to complete the excavation for a structure shall be considered as work included in Structure Excavation. If the excavation requires the use of cofferdams, dewatering, sheeting, or bracing, all such work will be done in strict compliance with all permit requirements and any laws or ordinances that may apply to the work being performed. It shall be the responsibility of the CONTRACTOR to familiarize himself with any regulations applicable and to satisfy said regulations at his own expense. The structure shall be constructed or laid in dry dewatered excavation unless otherwise approved by the ENGINEER. In such cases where the excavation is unstable or has water in sufficient quantities that make uniform bedding impossible, the bottom of the excavation shall be stabilized as required. If washed shell is used, it shall be a graded according to the sieve analysis listed below: 100 percent passing 1½" screen 0 percent passing 5/8" screen After the structure is complete, backfilling shall be performed in a careful manner so as not to disturb or damage the completed structure. The backfill material shall conform to the requirements of Sub-article 3.04.C., except that the size of rock shall not exceed 3 1/2 inches in diameter. The backfill material shall be compacted to the same or greater density as the adjacent existing earth. 3.02 10/24/03 35597 UTILIZATION OF EXCAVATION MATERIALS SECTION 02820 Page 3 of 11 A. General: All excavated materials suitable for embankment shall be utilized in the embankment areas shown in the plans or as otherwise specified in the Contract Documents. After the requirements for embankment have been satisfied, the surplus suitable excavated material shall be deposited in areas on-site as directed by the OWNER's representative, unless otherwise specified in the Contract Documents. On projects where excavation does not provide enough material to satisfy embankment requirements, excavated materials shall first be utilized in the roadway or other permanent structure embankment, then into other embankment areas shown in the plans. B. Classification of Materials: Material shall be classified as "suitable" if it meets all the requirements of Sub-article 3.04.C. of this Section. A rock strata that can be excavated and split or screened to meet the requirements of Sub-article 3.04.C. shall be considered as "suitable" for embankment. Material such as muck, or any other material containing excessive amounts of organic, silt, clay, or other deleterious materials shall be classified as "unsuitable" for embankment unless otherwise specified or classified by the ENGINEER. The term "unclassified" simply refers to material that has not been defined as suitable or unsuitable. If a dispute arises over the classification of materials, the final determination shall be made by the ENGINEER. 10/24/03 35597 C. Rock and Boulders: Rock and boulders shall be utilized on site as embankment unless otherwise specified. In all cases, the alteration or replacement of excavated material shall be at the CONTRACTOR's expense unless otherwise provided in the plans or Contract Documents. D. Muck: Although muck or other material high in organic content will not generally be permitted in embankment areas, certain conditions may require or permit its utilization. Muck will not be permitted in embankment unless specifically stated on the plans or specified herein. When so specified the placement of muck or other similar material will only be permitted outside of an imaginary downward 2:1 slope starting from the outward edge of roadway structure or other permanent structure. E. Top Soil: Where top of the existing surface is high in organic content, it may be necessary to strip the topsoil and reuse it or dispose of it. Topsoil shall be stripped and stockpiled on-site for later use as a layer under sod, grassing, or in landscaped areas. When an item of topsoil is not listed as a separate pay item in the Contract Documents, the placement of the stockpiled topsoil shall be included in the item of Clearing and Grubbing or Excavation. When topsoil is listed as a pay item, it shall be placed in locations shown in the plans to a specified thickness and to a finished elevation that will allow for the placement of sod, ground cover or other landscape related surface. SECTION 02820 Page 4 of 11 The material utilized as topsoil shall be suitable for plant growth and free from appreciable quantities of hard clods, stiff clay, hardpan, gravel, brush, large roots, refuse, or other deleterious materials. The organic content shall be at least 1.5 percent. The characteristics of the material shall be such that it can be adjusted to have a pH value between 5.0 and 8.0, or as approved by the ENGINEER. 3.03 3.04 10/24/03 35597 DISPOSAL OF EXCAVATED MATERIALS A. Disposal of Surplus Materials: Ownership of all suitable excavated materials shall be retained by the OWNER unless otherwise stated in the plans or Contract Documents to be surplus material. When so specified the surplus material shall become the property of the CONTRACTOR to be disposed of outside the project limits. The cost of the disposal and furnishing the disposal area shall be included in the item requiring excavation and no additional compensation will be given. B. Disposal of Unsuitable Materials: Unsuitable excavated material as defined in Sub-article 3.02.B. shall become the property of the CONTRACTOR to be disposed of outside the project limits. The cost of the disposal and furnishing the disposal area shall be included in the item requiring excavation and no additional compensation will be given. EMBANKMENT A. General: Embankments shall be constructed true to lines and grades shown in the plans or ordered by the ENGINEER. Material used in embankments shall be obtained from on-site excavation and/or from off-site borrow sources secured by the CONTRACTOR. B. Site Preparation: Subsequent to clearing and prior to placement of embankment material, the existing earth surface shall be compacted six feet beyond the building and pavement structure limits and in other areas shown in the plans or stated in the Supplementary Conditions. The existing surface shall be compacted at a moisture content such that the specific density requirement can be attained. Soil one foot below the compacted surface shall attain a density of 95 percent of the maximum theoretical density as determined by the Modified Proctor Density (ASTM-D-1557). Field density tests shall be conducted in accordance with ASTM D-1556, D-2167, D-2922, or D-2937 (latest revisions) by a certified laboratory or soils engineer approved by the OWNER. The location and number of the tests shall be verified by the ENGINEER. C. Requirements for Embankment Materials: Embankments shall be constructed of material containing no muck, stumps, roots, brush, vegetable matter, rubbish, or other material that will not compact into a suitable and enduring roadbed or similar foundation. Material designated as unsuitable in the soil borings or as classified as unsuitable by the ENGINEER shall be removed from the embankment and disposed of off-site. Utilization of material in embankment construction shall be in accordance with plan details or as directed by the ENGINEER. SECTION 02820 Page 5 of 11 The maximum size of rock which will be permitted in the completed embankment are as follows: In top 12 inches ------------- 3 1/2 inches 12 inches to 2 feet ----------- 6 inches In the 2 feet depth below --- Not to exceed the compacted thickness of the layer being placed When and where approved by the ENGINEER, the CONTRACTOR may place larger rocks outside the 2-to-1 slope of any structure embankment. Where such rock is utilized in any embankment, enough fine material shall be deposited and compacted between individual rocks so as to completely fill any voids that may occur during the placement of such material. No rock shall be utilized in any building pad embankment areas. D. Borrow Material: The use of borrow material shall be resorted to only when sufficient quantities of suitable material are not available from the various types of excavation required on the drawings. When borrow is required the material shall conform to the requirements of article 3.04.C. and shall be approved by the ENGINEER prior to placement. Borrow material shall be obtained from areas furnished by the CONTRACTOR at his expense. Borrow sources shall comply with all local requirements applicable for the excavation and sale of fill material. E. Construction Requirements: Embankment material shall be placed in horizontal layers not to exceed 12 inches thickness measured loose. Each layer shall be leveled and compacted in accordance with Sub-article 3.04.F. No fill material shall be placed where area is wet. Dewatering may be required prior to filling operation, either by pumping or well pointing. Water shall not be allowed to stand on or adjacent to fill areas that could saturate the material. When embankments are constructed on a hill or slope, slope shall be "stepped" so as to permit the embankment to be placed in horizontal layers and compacted as stated above. Upon completion of the embankment steps on a slope, steps shall be dressed to conform to the specified slope. For any embankments not covered above, construction methods shall be approved by the ENGINEER prior to placement. F. 10/24/03 35597 Compaction Requirements: Materials shall be compacted at a moisture content such that the specific density can be attained. If necessary, water shall be added to the material, or the moisture content shall be lowered by manipulating the material or allowing it to dry, as is appropriate. Each layer of material shall be compacted by the use of a smooth drum vibratory roller or other method approved by the engineer. The top 12” of natural ground shall be compacted in accordance with be requirements listed below. SECTION 02820 Page 6 of 11 Field density tests shall be conducted in accordance with ASTM D-1556, D-2167, D-2922, or D-2937 (latest revisions) by a certified laboratory or soils engineer approved by the OWNER according to the Compaction Requirements stated below: Embankment Area Density1 Below 3' Density1 0' to 3' Testing Frequency/Lift Building Pads2 95% 98% 1 Ea/2000 SF, Minimum 2 Pavement Areas3 Retention Areas4 Other Areas 95% 95% N/A 98% 95% N/A 1 Ea/500 SY 1 Ea/500 SY N/A Ea/Structure 1 2 3 4 The percentage listed shall be the minimum acceptable amount of the maximum theoretical density as determined by the Modified Proctor Density (ASTM-D1557). Includes future building pads and lots. Includes any permanent pavement structure such as curb and gutter, sidewalk, roadway, shoulder, driveway, or any other similar surface. Includes earth berms, water retention slopes, dikes, and other similar areas. CONTRACTOR shall be responsible for scheduling of all soil testing. These soil testing costs shall be borne by the CONTRACTOR unless stated otherwise in the plans or specifications. Where the testing costs are borne by the OWNER, in the event of a test failure all subsequent tests required to pass density shall be at the expense of the CONTRACTOR. The OWNER may deduct this expense from the CONTRACTOR's payment or request payment directly from CONTRACTOR. 3.05 FINISH GRADING A. General: As a final grading operation the surface of the earthwork shall be shaped to conform to the lines, grades, and contours shown on the plans. Hand dressing will be required in confined areas where equipment operation is restricted or where the equipment finished surface is unsatisfactory in the judgment of the ENGINEER. CONTRACTOR shall take necessary precautions to prevent erosion of slopes before and after finish grading. Any erosion of whatever consequence shall be repaired at the expense of the CONTRACTOR until final acceptance of the project. B. Tolerances: In final shaping of the surface of earthwork a tolerance of 0.1 foot above or below the plan elevations and contours will be allowed with the following exceptions: 1. 10/24/03 35597 In areas where sod, ground cover or other finish landscape surface will be used, an allowance shall be made for the thickness of sod, etc. that will result in the finish landscape elevation to be within the above tolerance. SECTION 02820 Page 7 of 11 2. PART 4 4.01 MEASUREMENT AND PAYMENT METHOD OF MEASUREMENT A. 10/24/03 35597 Earthwork shall be shaped to match adjacent pavement, curb, sidewalk, structures, etc. with applicable allowance for sod, etc. General: 1. VOLUMETRIC – When payment is made on a volumetric basis, calculations shall be based on the method of average end areas or the grid cell method, unless the ENGINEER determines that another method will provide a more accurate result. The existing elevations shown on the plans or field survey taken by the ENGINEER shall be incorporated into the volume calculations. Should any of these existing elevations appear to be in error, the CONTRACTOR shall notify the ENGINEER in writing and resolve the dispute prior to disturbing the existing surface in question. Once the existing surface is disturbed by clearing, excavating, or any other construction, the CONTRACTOR’s right to dispute the existing elevations shown by the ENGINEER will be nullified. After the excavation or embankment is completed, the finished surface shall be measured in place by field survey paid for by the CONTRACTOR and these cross-sections shall be incorporated into the volume calculations. 2. LOOSE VOLUME – In special cases as shown in the Contract Documents, payment shall be made on a loose volume basis as measured in trucks or other hauling equipment. The volume capacity of each truck shall be measured and recorded by the OWNER’s representative. Before unloading onsite, the OWNER’s representative shall compare the loaded truck to its recorded capacity and record the actual volume on the load ticket. Only load tickets that have been so recorded and collected by OWNER’s representative at the point of dumping shall be included in the quantity for payment. 3. LUMP SUM – The proposal may contain items of work that are to be paid for on a lump sum basis. Additionally, the Contract Documents may provide for a lump sum payment for the entire project. The lump sum payment for individual items or for the entire project shall constitute full compensation for the completion of all work specified in the plans and specifications. 4. PLAN QUANTITY – When cross-sectioning finished surfaces is not feasible, the ENGINEER may specify the final pay quantity of any item to be the original plan quantity. When so specified in the Contract Documents, such quantity will be revised only in the event that it is determined to differ by more than 10 percent of the original plan quantity. Such revisions will be determined by calculations of quantities from the plan sheets as applicable. Field measurement will not be considered except to verify that the work was accomplished in substantial compliance with the plan dimensions. SECTION 02820 Page 8 of 11 B. Regular Excavation: Measurement of regular excavation shall include only the net volume of material excavated between the original ground surface and the surface of the completed earthwork. The pay quantity shall be the plan quantity in accordance with Article 4.01.A., unless otherwise stated in the Contract Documents. C. Swale Excavation: Measurement of swale excavation shall include only materials excavated within the line and grades indicated in the plans or as directed by the ENGINEER. Measurement may be by volume or lineal feet as called for in the Contract Documents. D. Subsoil Excavation: Measurement of subsoil excavation shall include only material excavated within the lines and grades indicated on the plans or as directed by the ENGINEER. Where the limits of subsoil excavation are not shown or vary from the limits shown on the plans, the pay quantity shall be determined by cross-sectioning measurements in accordance with the volumetric method described in Article 4.01.A. When the final pay quantity is more or less than the original plan quantity an appropriate adjustment shall be made to the applicable pay quantity for imported fill so that the loss or increase is compensated provided that the unsuitable material is to be disposed of off-site. A lower than plan volume will require less fill replacement and a higher than plan volume will require more fill replacement than originally calculated. However, if the subsoil excavation is displaced by onsite excavation, a quantity adjustment will not be made. Where no separate pay item is included in the contract, all such work involving the excavation and disposal of unsuitable material shall be considered incidental to the cost of the applicable excavation item. E. Rock Excavation: When rock excavation is listed as a separate pay item in the Contract Documents, measurement of rock excavation shall be by cross-sectioning method prior to and after the rock layer is excavated. CONTRACTOR shall allow enough time between operations to facilitate this field survey work. If Rock Excavation is not listed as a separate pay item in the Contract Documents, the cost of all such work shall be included in the unit price for Regular Excavation, Swale Excavation, Subsoil Excavation, Lake Excavation (Unclassified), or other items which may require the excavation of rock or boulders. F. Lake Excavation (Unclassified): Measurement of Lake Excavation (Unclassified) shall include only the net volume of material excavated between the ground surface and bottom of the lake using the VOLUMETRIC method as described in the first paragraph of Article 4.01.A. Any unauthorized overdigging or excavation below the plan bottom elevation will not be included in the measurement for payment. If the sections indicate that the depths or bank slopes do not conform to the permitted design slopes or indicate that they are steeper, the CONTRACTOR shall correct the deficiency. Further, the CONTRACTOR shall pay for the expense of resectioning the lakes to document that said correction has been accomplished. 10/24/03 35597 SECTION 02820 Page 9 of 11 OWNER shall have the option of deducting the re-sectioning costs from the CONTRACTOR’s payment, or the OWNER may request separate payment directly from the CONTRACTOR. G. Structure Excavation: Unless otherwise specified, there shall be no measurement for structure excavation. The cost of structure excavation shall be incidental to the cost of the applicable structure and no separate pay item will be established. H. Pavement removal: Measurement for pavement removal shall be by the square yard as measured in place prior to removal unless otherwise specified in the Contract Documents. When no separate pay item is included, the cost of such work shall be incidental to the item of clearing and grubbing or excavation as applicable. I. Topsoil: Measurement for topsoil shall be by the square yard as measured in place in locations shown in the plans or as directed by the ENGINEER. Placement of topsoil shall be to the thickness specified in the plans or Contract Documents, and it shall include the cost of furnishing the material as specified in Article 3.02.E. If enough excavated material is not available to satisfy the topsoil requirements, suitable topsoil shall be imported and the cost of furnishing and hauling this imported material shall be included in the unit price of the topsoil item. J. Embankment: When there is not enough suitable excavated material to satisfy the requirements of embankment, a separate item called Embankment or Borrow may be established in the Contract Documents to facilitate completion. Payment will be made only for material required to complete the embankment to the plan dimensions and elevations. Material placed beyond the limits shown on the plans will not be measured for payment. For Embankment, the pay quantity shall be the plan quantity unless otherwise stated in the plans or Contract Documents. The measurement for embankment shall be the in place volume of material placed above the original surface elevation within the dimensions and elevations indicated on the plans less the neat volume of excavation. No allowance will be made for subsidence or shrinkage. For Borrow, the pay quantity shall be made on a loose volume basis unless otherwise specified in the plans or contract Documents. The method of measurement shall be in accordance with the second paragraph of Article 4.01.A., LOOSE VOLUME. 10/24/03 35597 K. Berm Construction: Measurement for Berm Construction shall include only materials excavated within the lines and grades indicated in the plans or as directed by the ENGINEER. Measurement may be by volume or lineal feet as defined in the Contract Documents. L. Finish Grading: Measurement for Finish Grading shall only include areas that require a change in elevation to meet the new design grade. Placement of sod to an existing elevation would require finish grading to facilitate placement of sod. If SECTION 02820 Page 10 of 11 there is no pay item for finish grading, the cost of all such work shall be incidental to the applicable item of excavation or embankment. 4.02 BASIS OF PAYMENT A. B. General: Prices and payments for the various work items included in this section shall constitute full compensation for all work described herein and shall include excavation, hauling, placing, compacting, and dressing of the finish surface. Said payments shall also include the following items when no separate pay item is included in the contract: 1. Removal and disposal of existing pavement 2. Clearing and grubbing 3. Providing disposal areas 4. Furnishing of borrow areas 5. Permits and waiver costs Excavation and Embankment: Cost of utilizing suitable excavated materials and disposing of unsuitable excavated materials shall be included in the cost of the applicable excavation item, unless otherwise stated in the plans or Contract Documents. When separate classifications of Excavation and/or Embankment are listed as pay items in the contract, the quantities determined as provided above shall be paid at the contract unit price per cubic yard, square yard, lineal foot or lump sum as applicable. Such payment shall constitute full compensation for all items as described in this section or as stated in the plans or Contract Documents. C. PAY ITEMS: For all work specified in this section, payment shall be made in accordance with the list of pay items established or as otherwise defined in the Contract Documents. The description of a pay item in the proposal section may vary from the descriptions stated in this section. END OF SECTION 02820 10/24/03 35597 SECTION 02820 Page 11 of 11 This page left intentionally blank SECTION 11 PERMITS This page left intentionally blank July 27, 2012 John Henslick Eco-Consultants, Incorporated P. O. Box 50008 Sarasota, Florida 34221 Service Federal Activity Code: Service Consultation Code: Date Received: Project: County: 41420-2009-FA-0179 41420-2009-TA-0130 January, 2008 Gun Range Expansion Sarasota Dear Mr. Henslick Thank you for your request for technical assistance with the Fish and Wildlife Service (Service) on your project which is expanding an existing gun range facility. This constitutes an update review for this project. The project proponent did not conduct the proposed activity in the year 2009 when it was first proposed. The 2.2-acre expansion area is located within the Knights Trail Park at approximate Latitude 27.162409 and Longitude -82.410845 in Sarasota County, Florida. Site Description The Service’s Geographic Information System (GIS) database indicates that the project site falls within buffer zone of the scrub-jay designated area according to Sarasota County’s 2004 habitat survey. Information provided by the environmental consultant for this project and a thorough review of aerial photos indicate that the project area consists of grass-mowed open area. There is not existing shrubs or trees on the proposed expansion area, hence, no native habitat will be disturbed. Effect Analysis The Service has reviewed our GIS database for recorded locations of federally listed threatened and endangered species and critical habitats on or adjacent to the project site. The GIS database is a compilation of data received from several sources. According to our review of this project and additional information provided to the Service, current vegetative cover on the project site is composed of overgronw pine flatwoods. The vegetation structure has not changed since the review of this project in 2009 and appears not to be suitable for the Florida scrub-jay (Aphelocoma coerulescens). Our database indicates the closest scrub-jay location within 2,557 John Henslick Page 2 yards west of the proposed project site. In addition, the project proponent has coordinated this project with county, state and park representatives where the scrub-jay was discussed as not being likely to be affected by this project. The proposed project will take place on already cleared and disturbed lands as indicated in the information sent to the Service. Determination Given the location to the project site and information from our database, the Service believes that the proposed project will not significantly increase adverse risk to the Florida scrub-jay. The Service recommends the following minimization measures: 1. To landscape with native scrub oaks (three to four scrub oaks per 0.25 acre) and other native plants. Scrub oaks will provide a food source to scrub-jays to help improve productivity so that young birds will be produced to colonize nearby conservation areas. (Sarasota County has a list of native plant nurseries); 2. To eliminate most predatory bird perches, such as slash pine, to possibly reduce the risk of scrub-jays being killed by raptors; 3. To avoid planting perch trees (trees that will grow over 30 feet in height) for predators that may prey on scrub-jays; and 4. Not to allow free-roaming cats as they are predators on scrub-jays. Please note that Service review of this project in no way implies compliance with other Federal, State, county, or municipal regulations. It is the applicant’s responsibility to ensure that the project meets all applicable regulations. If modifications are made to the project, if additional information involving potential effects to listed species becomes available, if a new species is listed, or if designated critical habitat may be adversely affected by the project, reinitiation of technical assistance may be necessary. Thank you for the opportunity to comment and for your cooperation and effort in protecting natural resources of South Florida. If you have any questions, please contact me at 772-562-3909, extension 234. Sincerely yours, Al Begazo Wildlife Biologist South Florida Ecological Services Office cc: Sarasota County Resource Protection Services, Sarasota, Florida (Jim Dierolf)
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