SUPPLEMENTAL GENERAL CONDITIONS - IIIA

1. DEFINITIONS

Work Order

A written directive to Contractor ordering a specific task, repair, or maintenance work to be performed or emergencies on an as-needed basis, as signed and approved by the City.

Cost Estimate

A written document from the Contractor to the City tabulating the materials, quantity of materials, equipment, labor, unit cost, total cost, and schedule to satisfactorily execute all work as specified in the Work Order, to be approved by the City.

1.2 WORK ORDERS

Work Orders are necessary to construct individual projects that are typically smaller in cost and are more efficiently managed through a Work Order type contract rather than advertising and bidding each small project or repair individually. This approach reduces the overall construction timeframe and provides cost-benefits to the City by grouping numerous small projects under a Work Order type contract rather than advertising and bidding on each small project or repair individually. It also provides flexibility to address unanticipated infrastructure needs (i.e., emergency failures).

Information regarding the scope of Work provided by the City within the Work Request Form must be confirmed by the Contractor. Work Orders do not relieve the contractor of responsibility for confirming and verifying information provided by the City as specified in Section III Subsection 4.3 and Section IV Subsection 210 of the Contract Documents.

If any errors and/or omissions appear in the Contract Documents for individual Work orders, or construction stakeout, the Contractor shall immediately notify the Engineer in writing of such errors and/or omissions, as specified in Section III Subsection 2.4. In the event the Contractor knows or should have known of any errors and/or omissions and fails to provide such notification, it shall be deemed to have waived any claim for increased time or compensation it may have had, and they shall be held responsible for the results and the costs of rectifying any such errors and/or omissions.

1.2.1 EMERGENCY WORK ORDER

Due to the nature of this contract, the Contractor may be requested to mobilize for emergency work orders. Emergency mobilizations shall be defined as mobilization within 8 hours of request by the City.

The Contractor may be allowed to begin work prior to Work Order approval, only at the request of the City. The Contractor shall coordinate with the City and the Resident Project Representative during mobilization, exploratory investigations, and subsequent repair. The Contractor may be requested to provide documentation (photos, etc.) of any existing infrastructure. The Contractor shall submit in a timely manner a cost estimate for the anticipated emergency work for City review and approval.

Authorization to proceed with Emergency Work prior to approval of a Cost Estimate shall be limited to actions necessary to stabilize the condition and protect public health and safety. All Emergency Work shall be subject to a Not-To-Exceed (NTE) amount as determined by the City.

In the event an emergency request is canceled by the City after the Contractor has initiated mobilization efforts, including dispatch of personnel, equipment, materials, or subcontractors, but prior to arrival at the project site, and such cancellation is through no fault of the Contractor, the Contractor shall be entitled to partial compensation for incurred mobilization costs. Payment shall be made under the applicable

Emergency Mobilization bid item at twenty-five percent (25%) of the bid amount, unless otherwise approved by the City.

The Contractor shall submit all supporting documentation, including labor, equipment, materials, and photographs, within forty-eight (48) hours of commencing Emergency Work. Failure to submit timely documentation may result in denial of payment.

1.3 COST ESTIMATES

After City approval of the Work Order has been submitted to the Contractor, the Contractor shall provide the City with a Cost Estimate within fourteen (14) calendar days of receipt of approved Work Order. The cost estimate shall contain the following:

• Construction schedule with estimated number of days for completion

• Estimated cost of the proposed work utilizing Contract Bid Items

• Identification of any additional cost estimate item not included in bid item. Contractor shall provide supplementary information to support use of any miscellaneous/ contingency for any required item not included in the bid items. Any use of the miscellaneous/contingency may include up to a 10% markup for overhead/profit. All compensation due the Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted, as specified in Section III Subsections 10 and 11 of the Contract Documents.

• All Cost Estimates shall be prepared using the Contract Bid Item unit prices. Upon City approval of a Cost Estimate, the unit prices shall be locked and shall not be subject to escalation, markup adjustment, or repricing unless expressly authorized by the City through a written Change Order.

Upon submission of cost estimate, the City and/or Engineer will provide any comments or requests for modifications to the Contractor in a timely manner.

For emergency related Work Order Requests, the Contractor shall submit to the City a Cost Estimate for Approval in a timely manner. The Contractor may be allowed to proceed prior to approval of a cost estimate as described above only at the request and approval of the City. Payment for any work associated with an Emergency Work Order Request will not be made until a cost estimate has been submitted for review and approval by the City.

Note that the City will not provide separate payment for stored materials. Any costs incurred for storing materials and laydown areas shall be the responsibility of the Contractor.

1.4 PRECONSTRUCTION COORDINATION MEETINGS

After the Work Order and Cost Estimate have been approved and before the commencement of work per each Work Order, the City’s Representative may schedule a preconstruction coordination meeting to be attended by Contractor, Engineer, City, and others as appropriate to establish a working understanding among the parties as to the Work Order and to discuss the schedule of the Work Order and general Contract procedures. This meeting shall be completed as required by the City with no separate compensation.

1.5 WORK ORDER TIME AND TIME EXTENSIONS

Contractor shall include an estimated construction schedule attached to the Cost Estimate per each Work Order. In the event of unforeseen physical conditions encountered in the field that results in any item of the Cost Estimate that differs materially and significantly from the estimated quantity of such item indicated in the Cost Estimate, the Contractor may request a schedule adjustment as specified in Section III Subsection 10 of the Contract Documents.

Should the Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of the Contractor, and not due to his fault or neglect, including but not restricted to acts of God or the public enemy, acts of government, fires, floods, hurricanes, discovery of pre-existing hazardous materials, utility conflicts, epidemics, quarantine regulations, strikes or lockouts, the Contractor shall notify the Engineer or City in writing within two (2) regular Work days after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which the Contractor may have had to request the time extension. It is the contractor’s responsibility to safely and appropriately secure the worksite prior to the approach of unfavorable weather conditions such as the onset of a tropical storm, hurricane, or similar event. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatsoever, including those for which the City may be responsible, in whole or in part, shall relieve the Contractor of their duty to perform or give rise to any right to damages or additional compensation from the City. It being expressly acknowledged and agreed by the parties hereto that the Contractor shall receive no damages for delay. The Contractor's sole remedy, if any, against the City shall be the right to seek an extension to the Contract Time. Such extensions of time will not be granted for delays caused by unfavorable weather, ground conditions related to the weather, inadequate construction force or for the failure of the Contractor to timely order equipment or materials.

If the Contractor complies with the two (2) regular workdays notice requirement, the Engineer or City shall ascertain the facts and the extent of the delay being claimed, in the Engineer or City’s sole judgment, the findings of fact justify such an extension, and the Engineer or City finding of fact shall be final and conclusive on the parties. The Contractor shall cooperate with the Engineer or City’s investigation of the delays by providing any schedules, correspondence or other data that may be required to complete the findings of fact. Extensions of the Work Order Time must be authorized by City.

1.6 SUSPENSION AND TERMINATION OF WORK ORDERS

The City may terminate or suspend the Work for an individual Work Order upon the conditions as specified in Section III Subsection 15 Suspension of Work and Termination of the Contract Documents.

The City may also terminate or suspend the Work for an individual Work Order for convenience as described below.

• The City shall have the right to terminate or suspend a Work Order and, in whole or in part;

without cause upon 30 calendar days written notice to the Contractor.

• In the event of such termination or suspension for convenience, the Contractor's sole recovery against the City shall be limited to that portion of the Agreement Amount earned through the date of termination or suspension, together with any retainage withheld and reasonable termination or suspension expenses incurred, but the Contractor shall not be entitled to any other or further recovery against the City, including, but not limited to, damages and any anticipated profit or Work not performed.

1.7 INSPECTION, CORRECTION AND REMOVAL/ACCEPTEANCE OF DEFFECTIVE WORK

Testing and inspection for work shall be in accordance with General Conditions Section III Subsection 13.1.

The Contractor must respond within five (5) calendar days of issuance of a written notice of defective work from the Engineer or City’s Representative. The Contractor shall issue a plan and estimated date of completion for defective work in accordance with Section III Subsection 13 of the Contract Documents.

1.8 CHANGES IN THE WORK ORDER

Without invalidating the original Work Order request, the City may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such additions, deletions, or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as may otherwise be specifically provided).

If the City and Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Time that should be allowed as a result of a Work Change Directive, a claim may be made therefore as provided in the General Conditions.

Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in these General Conditions except in the case of an emergency as provided or in the case of uncovering work as provided in article for Uncovering Work.

The City and Contractor shall execute Change Orders or Written Amendments recommended by the City’s Representative in accordance with General Conditions Section 10.

1.9 SITE INVESTIGATION AND DETECTION OF FACILITIES

The Contractor shall adhere to the guidelines as specified in Section III Subsection 4 and Section IV Subsection 210 of the Contract Documents for all Work Orders.

The Contractor shall visit the site of the proposed Work and fully acquaint themself with conditions relating to construction and labor so that they may fully understand the facilities, difficulties and restrictions attending the execution of Work under the Agreement. The Contractor shall thoroughly examine and be familiar with the Contract Documents/Work Order. Failure or omission of the Contractor to receive or examine any form, instrument, addendum, or other documents, or to visit the site and acquaint themself with conditions existing thereon, shall in no way relieve the Contractor from any obligation with respect to the Agreement.

The City does not warrant the accuracy or completeness of these reports, soil samples, or any other site condition information or data made available including, but not limited to, underground utility location. The submission of a bid shall be taken as prima-facie evidence of compliance with this paragraph.

The Contractor acknowledges that they have satisfied themself as to the nature and location of the Work;

the general and local conditions, including but not restricted to, those bearing upon transportation, disposal, handling and storage of materials; availability of labor, water, electric power, roads; and uncertainties of weather, river stages, tides or similar physical conditions at the site; the conformation and conditions of the ground; the character of equipment and facilities needed preliminary to and during prosecution of the Work Order.

The Contractor further acknowledges that they have satisfied themself as to the character, quality and quantity of surface and subsurface materials, obstacles, or conditions to be encountered. Any failure by the Contractor to acquaint themself with any aspect of the Work Order or with any of the applicable conditions shall not relieve the Contractor from responsibility for adequately evaluating the difficulty or cost of successfully performing the Work Order under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation.

1.10 ADDITIONAL RECORD DOCUMENTATION

In addition to Section III 6.11, Contractor shall provide detailed documentation (i.e. sketches) of infrastructure actually installed, including but not limited to point repairs, localized pipe replacements, pipe lining or coating, service lateral repairs, adjustments, or minor system modifications that do not warrant full survey based as-built drawings. Repair sketches shall be submitted within 30 days after completion of repair as part of the project closeout documentation and prior to final acceptance of the work. Repair sketches shall be prepared or reviewed and certified by the Contractor’s responsible field representative knowledgeable of the work performed. Failure to submit sketches meeting the requirements of this section may delay project acceptance and final payment.

Sketches shall be clear, legible, and drawn to a scale that adequately conveys the constructed conditions.

At a minimum, each sketch shall include the following information:

• Location Information o Street name, nearest address, or stationing limits o Reference to nearby permanent features (e.g., manholes, buildings, curb lines, roadway centerlines) o North arrow and approximate scale

• Existing and New Infrastructure o Existing wastewater system components affected by the work o New or repaired components, clearly differentiated o Pipe material, diameter, and approximate lengths o Structure types (e.g., manholes, cleanouts, service connections) o Influent and effluent pipe sizes, orientations, and directions o Lining details including limits of lining, number/location of service laterals reinstated, access locations, termination point, lining type.

• Vertical and Horizontal Relationships o Approximate horizontal alignment relative to visible surface features o Invert elevations, where measured in the field o Depth of pipe or structure below finished grade, if known or estimated

• Limits and Extent of Repair o Clearly defined beginning and ending points of repairs or replacements o Identification of connections to existing facilities

• Construction Notes o Description of the repair or improvement performed o Date(s) of construction o Deviations from the design documents, if any

All recorded documentation, field sketches, and as-built information shall be produced and submitted in digital format (i.e., shapefiles, CAD, GIS, or other City-approved digital formats). Hand-drawn sketches or marked paper copies shall not be accepted unless approved by the City. For relocation where the line is moving, we need to have a survey done.

1.11 UNIT PRICING

All pricing shall be firm for a minimum of one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. In addition, the City of Clearwater will not honor any tariff related surcharge without documented evidence that the actual tariff increase was incurred by the vendor.

1. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions.

2. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics for Tampa-St. Petersburg-

Clearwater, FL (https://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.

3. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for each renewal term listed above. No fuel surcharges will be accepted.

https://www.bls.gov/cpi/home.htm