262908CG_General_Provisions.pdf

GENERAL

PROVISIONS

Rev. 11-19-25 i

DIVISION I

General Provisions

Table of Contents

SECTION 1 DEFINITIONS AND TERMS

1-1 General 1-2 Abbreviations 1-3 Definitions

SECTION 2

2-1 – 2.11 [RESERVED]

2-12 Material, Samples and Statement 2-13 Performance and Payment Bond Required 2-14 Audit of Contractor's Records

SECTION 3 [RESERVED]

SECTION 4 SCOPE OF THE WORK

4-1 Intent of Contract 4-2 Work not covered by FDOT Standard Specifications 4-3 Alteration of Plans or of Character of Work 4-4 Unforeseeable Work 4-5 Rights in and Use of Materials Found on the Site of the Work 4-6 Final Cleaning Up of Right-of-Way 4-7 Photographic Site Documentation

SECTION 5 CONTROL OF THE WORK

5-1 Plans and Working Drawings 5-2 Coordination of Contract Documents 5-3 Conformity of Work with Contract Documents 5-4 Errors or Omissions in Contract Documents 5-5 Authority of the Engineer 5-6 Authority and Duties of Engineer’s Assistants 5-7 Engineering and Layout 5-8 Contractor’s Supervision 5-9 General Inspection Requirements 5-10 Final Inspection 5-11 Final Acceptance 5-12 Claims by Contractor 5-13 Recovery Rights, Subsequent to Final Payment

Rev. 11-19-25 ii

SECTION 6 CONTROL OF MATERIALS

6-1 Acceptance Criteria 6-2 Applicable Documented Authorities Other Than Specifications 6-3 Storage of Materials and Samples 6-4 Defective Materials 6-5 Products and Source of Supply

SECTION 7 LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC

7-1 Laws to be Observed 7-2 Permits and Licenses 7-3 Patented Devices, Materials and Processes 7-4 Right-of-Way Furnished by the County 7-5 Restoration of Surfaces Opened by Permit 7-6 Sanitary Provisions 7-7 Control of the Contractor’s Equipment 7-8 Structures over Navigable Waters 7-9 Use of Explosives. [RESERVED] 7-10 Forest Protection 7-11 Preservation of Existing Property 7-12 Responsibility for Damages, Claims 7-13 Insurance. [RESERVED] 7-14 Contractor’s Responsibility for Work 7-15 Opening Sections of Highway to Traffic 7-16 Wage Rates for Federal-Aid Projects. [RESERVED] 7-17 Interim Field Change Agreements 7-18 Scales for Weighing Materials 7-19 Source of Forest Products 7-20 Regulations of Air Pollution from Asphalt Plants 7-21 Dredging and Filling 7-22 Available Funds 7-23 Contractor’s Motor Vehicle Registration 7-24 Disadvantaged Business Enterprise Program. [RESERVED] 7-25 On-The-Job Training Requirements. [RESERVED] 7-26 Cargo Preference Act – Use of United States-Flag Vessels. [RESERVED]

Rev. 11-19-25 iii

SECTION 8 PROSECUTION AND PROGRESS

8-1 Subletting or Assigning of Contracts 8-2 Work Performed by Equipment-Rental Agreement 8-3 Prosecution of Work 8-4 Limitations of Operations 8-5 Qualifications of Contractor’s Personnel 8-6 Temporary Suspension of Contractor’s Operations 8-7 Computation of Contract Time 8-8 Failure of Contractor to Maintain Satisfactory Progress. [RESERVED] 8-9 Default and Termination of Contract 8-10 Liquidated Damages for Failure to Complete the Work 8-11 Release of Contractor’s Responsibility. [RESERVED] 8-12 Recovery of Damages Suffered by Third Parties

SECTION 9 MEASUREMENT AND PAYMENT

9-1 Measurement of Quantities 9-2 Scope of Payments 9-3 Compensation for Altered Quantities 9-4 Deleted Work 9-5 Partial Payments 9-6 Record of Construction Materials 9-7 Disputed Amounts Due the Contractor 9-8 Acceptance and Final Payment 9-9 Interest Due on Delayed Payments [RESERVED] 9-10 Offsetting Payments [RESERVED]

Rev. 11-19-25 Page 1 of 84

FDOT Division I is deleted in its entirety and replaced with the following:

DIVISION I

General Provisions

SECTION 1

DEFINITIONS AND TERMS

1-1 General.

These Specifications are written to the Bidder, prior to award of the Contract, and to the Contractor. Within Divisions I and II of the Specifications, sentences that direct the Contractor to perform work are written in the active voice-imperative mood. These directions to the Contractor are written as commands. In the imperative mood, the subject “the bidder” or “the Contractor” is understood.

All other requirements to be performed by others, with the exception of the Method of Measurement and the Basis of Payment Articles, have been written in the active voice, but not in the imperative mood. Sentences written in the active voice identify the party responsible for performing the action. For example, “The Engineer will determine the density of the compacted material.” Certain requirements of the Contractor may also be written in the active voice, rather than active voice-imperative mood.

Division III of the Specifications (Materials) is written in the passive voice writing style.

1-2 Abbreviations.

The following abbreviations, when used in the Contract Documents, represent the full text shown.

AAN American Association of Nurserymen, Inc.

AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AGC The Associated General Contractors of America, Inc.

AGMA American Gear Manufacturers Association AIA American Institute of Architects.

AISI American Iron and Steel Institute ANSI American National Standards Institute, Inc.

AREA American Railway Engineering Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWG American Wire Gauge AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association CRSI Concrete Reinforcing Steel Institute CFR Code of Federal Regulations EASA Electrical Apparatus Service Association EPA Environmental Protection Agency of the United States Government FAC Florida Administrative Code FDEP Florida Department of Environmental Protection FDOT Florida Department of Transportation FHWA Federal Highway Administration FSS Federal Specifications and Standards

Rev. 11-19-25 Page 2 of 84

IEEE Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society IPCEA Insulated Power Cable Engineers Association ISO International Organization for Standards MUTCD Manual on Uniform Traffic Control Devices NEC National Electrical Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NIST National Institute for Standards and Technology NOAA National Oceanic and Atmospheric Administration OSHA Occupational Safety and Health Administration SAE Society of Automotive Engineers SI International System of Units SSPC Society of Protective Coatings UL Underwriters' Laboratories

Each of the above abbreviations, when followed by a number or letter designation, or combination of numbers and letters, designates a specification, test method, or other code or recommendation of the particular authority or organization shown.

Use standards, specifications, test methods, or other codes as specified in the current edition at the time of the bid opening.

1-3 Definitions.

The following terms, when used in the Contract Documents, have the meaning described below:

Addendum (Addenda). A document which provides for modification of Plans or other Contract Documents issued by the County and distributed to Bidders prior to the opening of bids.

Article. The numbered prime subdivision of a Section of these Specifications.

Bid Form. The official bid item sheets on which the County requires formal bids to be prepared and submitted for the work.

Bid Opening. The date that the County opened the bids.

Bidder. An individual, firm, joint venture, or company submitting a bid for the proposed work.

Board. The Board of County Commissioners, Sarasota County, Florida.

Bridge (Qualifier). A structure, including supports, erected over a depression or over an obstruction such as water, highway or railway, or for elevated roadway, for carrying traffic or other moving loads, and having a length, measured along the center of the roadway, of more than 20 feet between the inside faces of end supports. A multiple-span box culvert is considered a bridge, where the length between the extreme ends of the openings exceeds 20 feet.

Rev. 11-19-25 Page 3 of 84

Bridge (Non-Qualifier). A structure, including supports, erected over a depression or over an obstruction such as water, highway or railway, or for elevated roadway, for carrying traffic or other moving loads, and having a length, measured along the center of the roadway, of at least 10 feet to 20 feet between the inside faces of end supports.

Calendar Day. Every day shown on the calendar, beginning and ending at midnight.

Change Order. A Change Order is any change to the terms and conditions of the Contract which cannot be accomplished by an IFCA. A Change Order is subject to the same County approval requirements as a contract amendment.

Change Order Request. A written request issued by the County’s authorized Designated Agent to the Contractor’s authorized agent on a County-approved Change Order Request form contained in the Solicitation documents. This definition shall be inclusive of Interim Field Change Agreement (IFCA) requests that may cause the expenditure of contingency funds or require a contract amendment.

Change Order Request Price Quote. A written monetary amount submitted to the County’s Designated Agent in response to the County Designated Agent’s Change Order Request. The Price Quote must be submitted on the County-approved Change Order Request form.

Contract. The term “Contract” means the entire and integrated agreement between the parties.

Contract Claim (Claim). A written demand submitted to the County by the Contractor in compliance with 5-12.3 seeking additional monetary compensation, time, or other adjustments to the Contract, the entitlement or impact of which is disputed by the County.

Contract Documents. The term “Contract Documents” includes: Invitation for Bid, executed form of contract, Performance and Payment Bond, Specifications, Plans (including revisions thereto issued during construction), Addenda, Interim Field Change Agreements and Change Orders, all of which are to be treated as one instrument whether or not set forth at length in the form of contract.

Contract Time. The number of calendar days allowed for completion of the Contract work, including authorized time extensions.

Contractor. The individual, firm, joint venture, or company contracting with the County to perform the work.

Contractor’s Engineer of Record. A professional engineer registered in the State of Florida, other than the Engineer of Record or his subcontracted consultant, who undertakes the design and drawing of components of the permanent structure as part of a redesign or Cost Savings Initiative Proposal, or for repair designs and details of the permanent work. The Contractor’s Engineer of Record may also serve as the Specialty Engineer.

The Contractor’s Engineer of Record must be an employee of an FDOT pre-qualified firm. The firm shall be pre-qualified in accordance with the Rules of the FDOT, Chapter 14-75, FAC. Any corporation or partnership offering engineering services must hold a Certificate of Authorization from the Florida Department of Business and Professional Regulation.

As an alternate to being an employee of a pre-qualified firm, the Contractor’s Engineer of Record may be a pre-qualified Specialty Engineer. For items of the permanent work declared by the County to be “major” or “structural,” the work performed by a pre-qualified Specialty Engineer must be checked by another pre-qualified Specialty Engineer. An individual engineer may become pre-qualified in the work groups listed in the Rules of the FDOT, Chapter 14-75, Rev. 11-19-25 Page 4 of 84

FAC, if the requirements for the professional engineer are met for the individual work groups.

Pre-qualified Specialty Engineers are listed on the FDOT’s State Construction Website. Pre-qualified Specialty Engineers will not be authorized to perform redesigns or Cost Savings Initiative Proposal designs of items fully detailed in the Plans.

Controlling Work Items. The activity or work item on the critical path having the least amount of total float. The controlling item of work will also be referred to as a Critical Activity.

County. Sarasota County Government, Sarasota County, Florida.

Culverts. Any structure not classified as a bridge (qualifier or non-qualifier) that provides an opening under the roadway.

Delay. Any unanticipated event, action, force or factor which extends the Contractor’s time of performance of any Controlling Work Item under the Contract. The term “delay” is intended to cover all such events, actions, forces or factors, whether styled “delay,” “disruption,” “interference,” “impedance,” “hindrance,” or otherwise, which are beyond the control of and not caused by the Contractor, or the Contractor’s subcontractors, materialmen, suppliers or other agents. This term does not include “extra work.”

Department. When used in a context that indicates the owner of the Project shall mean Sarasota County. When used in other ways, for example to describe testing standards or specifications, shall mean FDOT.

Developmental Specification. See definition for Specifications.

Engineer. The County Engineer, acting directly or through duly authorized representatives;

such representatives acting within the scope of the duties and authority assigned to them.

Note: In order to avoid cumbersome and confusing repetition of expressions in these Specifications, it is provided that whenever anything is, or is to be done, if, as, or, when, or where “acceptable, accepted, approval, approved, authorized, condemned, considered necessary, contemplated, deemed necessary, designated, determined, directed, disapproved, established, given, indicated, insufficient, ordered, permitted, rejected, required, reserved, satisfactory, specified, sufficient, suitable, suspended, unacceptable, or unsatisfactory,” it shall be understood as if the expression were followed by the words “by the Engineer,” “to the Engineer,” or “of the Engineer.”

Engineer of Record. The professional engineer or engineering firm registered in the State of Florida that develops the criteria and concept for the Project, performs the analysis, and is responsible for the preparation of the Plans and Specifications. The Engineer of Record may be County staff, or a consultant retained by the County.

The Contractor shall not employ the Engineer of Record as the Contractor’s Engineer of Record or as a Specialty Engineer.

Equipment. The machinery and equipment, together with the necessary supplies for upkeep and maintenance thereof, and all other tools and apparatus necessary for the construction and acceptable completion of the work.

Extra Work. Any “work” which is required by the Engineer to be performed and which is not otherwise covered or included in the Project by the existing Contract Documents, whether it be in the nature of additional work, altered work, deleted work, work due to differing site conditions, or otherwise. This term does not include a “delay.”

Federal, State, and Local Rules and Regulations. The term “Federal, State and Local Rules and Regulations” includes: any and all Federal, State, and local laws, bylaws, Rev. 11-19-25 Page 5 of 84 ordinances, rules, regulations, orders, permits, or decrees including environmental laws, rules, regulations, and permits.

Highway, Street, or Road. A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way.

Holidays. Days designated by the Board of County Commissioners as holidays, which include, but are not limited to, New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day, subject to change.

Inspector. An authorized representative of the Engineer, assigned to make official inspections of the materials furnished and of the work performed by the Contractor.

Interim Field Change Agreement (IFCA). A written agreement between the Contractor and the County modifying the Contract within the limitations set forth in these Specifications.

Laboratory. The official testing laboratory used by the County.

Major Item of Work. Any item of work having an initial Contract value in excess of 5% of the initial Contract amount.

Materials. Any substances to be incorporated in the work under the Contract.

Median. The portion of a divided highway or street separating the traveled ways for traffic moving in opposite directions.

Notice to Proceed. A letter or other document sent from the County to the Contractor acknowledging receipt and acceptance of necessary submittal documents and giving the Contractor the directive to start construction activities on the specified date.

Performance and Payment Bond. The security furnished by the Contractor and the Surety as a guaranty that the Contractor shall fulfill the terms of the Contract.

Plans. The approved plans, including reproductions thereof, showing the location, character, dimensions, and details of the work.

Right-of-Way. The land that the County has title to, or right of use, for the road and its structures and appurtenances, and for material pits furnished by the County.

Roadbed. The portion of the roadway occupied by the subgrade and shoulders.

Roadway. The portion of a highway within the limits of construction.

Section. A numbered prime division of these Specifications.

Special Event. Any event, including but not limited to, a festival, fair, run or race, motorcade, parade, civic activity, cultural activity, charity or fund drive, sporting event, or similar activity designated in the Contract Documents.

Special Provisions. See definition for Specifications.gvfbyhuj

Specialty Engineer. A professional engineer registered in the State of Florida, other than the Engineer of Record or his/her subcontracted consultant, who undertakes the design and drawing preparation of components, systems, or installation methods and equipment for specific temporary portions of the Project work or for special items of the permanent works

Rev. 11-19-25 Page 6 of 84 not fully detailed in the Plans and required to be furnished by the Contractor such as but not limited to pot bearing designs, non-standard expansion joints, MSE wall designs and other specialty items. The Specialty Engineer may also provide designs and details for items of the permanent work declared by the County to be “minor” or “non-structural.” The Specialty Engineer may be an employee or officer of the Contractor or a fabricator, an employee or officer of an entity providing components to a fabricator, or an independent contractor.

For items of work not specifically covered by the Rules of the FDOT, a Specialty Engineer is qualified if he or she has the following qualifications:

(1) Registration as a professional engineer in the State of Florida.

(2) The education and experience necessary to perform the submitted design as required by the Florida Department of Business and Professional Regulation.

Specifications. The directions, provisions, and requirements contained herein, together with all stipulations contained in the Contract Documents, setting out or relating to the method and manner of performing the work, or to the quantities and qualities of materials and labor to be furnished under the Contract.

A. Standard Specifications (also referred to as “FDOT Standard Specifications”):

“FDOT Standard Specifications for Road and Bridge Construction” an electronic book, applicable to all County contracts containing adopted requirements, setting out or relating to the method or manner of performing work, or to the quantities and qualities of materials and labor. Division I is not used and is replaced by this document.

B. FDOT Supplemental Specifications: Approved additions and revisions to the FDOT Standard Specifications, applicable to all County contracts.

C. FDOT Special Provisions: Specific clauses adopted by the County that add to or revise the FDOT Standard Specifications or FDOT supplemental specifications, setting forth conditions varying from or additional to the FDOT Standard Specifications applicable to a specific project.

D. Technical Special Provisions: Specifications, of a technical nature, prepared, signed, and sealed by an engineer registered in the State of Florida other than the FDOT State Specifications Engineer or his designee, that are made part of the Contract and incorporated herein by reference.

E. Developmental Specification: A specification developed around a new process, procedure, or material.

F. Sarasota County Standard Specifications: applicable to all County contracts containing adopted requirements, setting out or relating to the method or manner of performing work, or to the quantities and qualities of materials and labor.

G. Sarasota County Supplemental Specifications: Approved additions and revisions to the FDOT Standard Specifications and FDOT Supplemental Specifications, applicable to all County contracts.

Standard Specifications. See definition for Specifications.

State. State of Florida.

Subarticle. A headed and numbered subdivision of an Article of a Section of these Specifications.

Rev. 11-19-25 Page 7 of 84

Subcontractor. Any individual or entity supplying labor and/or materials for work under subcontract to the Contractor on the site of the Project.

Subgrade. The portion of the roadbed immediately below the base course or pavement, including below the curb and gutter, valley gutter, shoulder and driveway pavement. The subgrade limits ordinarily include those portions of the roadbed shown in the Plans to be constructed to a design bearing value or to be otherwise specially treated. Where no limits are shown in the Plans, the subgrade section extends to a depth of 12 inches below the bottom of the base or pavement and outward to 6 inches beyond the base, pavement, or curb and gutter.

Subletting. As used in these Specifications “Subletting” shall be used interchangeably with subcontracting.

Substantial Completion. The date when the Contract Work is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified portion of the Project can be utilized for the purpose for which it was intended.

Substructure. All of that part of a bridge structure below the bridge seats, including the parapets, backwalls, and wingwalls of abutments.

Superintendent. The Contractor’s authorized representative in responsible charge of the work.

Superstructure. The entire bridge structure above the substructure, including anchorage and anchor bolts, but excluding the parapets, backwalls, and wingwalls of abutments.

Supplemental Specifications. See definition for Specifications.

Surety. The entity that is bound by the Performance and Payment Bond with and for the Contractor and responsible for the performance of the Contract.

Technical Special Provisions. See definition for Specifications.

Traveled Way. The portion of the roadway providing for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

Work. All labor, materials and incidentals required to execute and complete the requirements of the Contract including superintendence, use of equipment and tools, and all services and responsibilities prescribed or implied.

Working Day. Any calendar day on which the Contractor works or is expected to work in accordance with the approved work progress schedule.

SECTION 2

MISCELLANEOUS REQUIREMENTS AND CONDITIONS

2-1– 2.11 [RESERVED]

2-12 Material, Samples and Statement.

The County may require that the Contractor furnish a statement of the origin, composition, and manufacture of any and all materials to be used in the construction of the work, together with samples that may be subjected to the tests provided for in

Rev. 11-19-25 Page 8 of 84 these Specifications to determine the materials’ quality and fitness for the work.

2-13 Performance and Payment Bond Required.

2-13.1 Continued Acceptability of Surety: Provide a surety bond that remains acceptable to the County throughout the life of the Contract. In the event that the surety executing the bond, although acceptable to the County at the time of execution of the Contract, subsequently becomes insolvent or bankrupt, or becomes unreliable or otherwise unsatisfactory due to any cause that becomes apparent after the County’s initial approval of the company, then the County may require that the Contractor immediately replace the surety bond with a similar bond drawn on a surety company that is reliable and acceptable to the County. In such an event, the County will bear all costs of the premium for the new bond, after deducting any amounts that are returned to the Contractor from his payment of premium on the original bond.

2-13.2 Default by Contractor: In case of default on the part of the Contractor, the County will charge against the bond all expenses for services incidental to ascertaining and collecting losses under the bond, including accounting, engineering, and legal services, together with any and all costs incurred in connection with renegotiation of the Contract.

2-13.3 Surety to Furnish Legal Defense as to Payment and Performance Claims or Suits: The surety company shall indemnify and provide defense for the County when called upon to do so for all claims or suits against the County, by third parties, pertaining to Contractor payment or performance issues arising out of the Contract where the Contractor has failed to timely do so. It is expressly understood that the monetary limitation on the extent of the indemnification shall be the approved Contract amount, which shall be the initial Contract amount as may be increased by subsequent Change Orders.

2-14 Audit of Contractor’s Records.

Upon execution of the Contract, the County reserves the right to conduct an audit of the Contractor’s records pertaining to the Project. The County or its representatives may conduct an audit, or audits, at any time prior to final payment, or thereafter pursuant to 5-13. The County may also require submittal of the records from either the Contractor, its subcontractor(s), or both. As the County deems necessary, records include all books of account, supporting documents, and papers pertaining to the cost of performance of the Project work.

Contractor shall retain all records pertaining to the Contract for a period of not less than ten fiscal years from the date of the Engineer’s Final Acceptance of the Project, unless a longer minimum period is otherwise specified by the Contract or state law.

Upon request, make all such records available to the County or its representative(s).

For the purpose of this Article, records include but are not limited to all books of account, supporting documents, and papers that the County deems necessary to ensure compliance with the Contract provisions.

Contractor shall ensure that the subcontractors provide access to their records pertaining to the Project upon request by the County.

Rev. 11-19-25 Page 9 of 84

SECTION 3

[RESERVED]

4-1 Intent of Contract.

SECTION 4

SCOPE OF THE WORK

The intent of the Contract is to provide for the construction and completion in every detail of the work described in the Contract. Furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the Contract Documents.

4-2 Work not covered by FDOT Standard Specifications.

Proposed construction and any contractual requirements not covered by the FDOT Standard Specifications may be covered by Contract Plan notes or by FDOT Supplemental Specifications, FDOT Special Provisions, Sarasota County Standard Specifications, or Sarasota County Supplemental Specifications, and all requirements thereof shall be considered as a part of these Specifications.

4-3 Alteration of Plans or of Character of Work.

4-3.1 General: The Engineer reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. Such increases, decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the performance and payment bond. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the Contract.

The term “significant change” applies only when:

(a) The Engineer determines that the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or

(b) A Major Item of Work, is increased in excess of 125% or decreased below 75% of the original Contract quantity. The County will apply any price adjustment for an increase in quantity only to that portion in excess of 125% of the original Contract item quantity in accordance with 4-3.2 below. In the case of a decrease below 75% the County will only apply a price adjustment for the additional costs that are a direct result of the reduction in quantity.

In (a) above, the determination by the Engineer shall be conclusive. If the determination is challenged by the Contractor in any proceeding, the Contractor must establish by clear and convincing proof that the determination by the Engineer was without any reasonable basis.

4-3.2 Increase, Decrease or Alteration in the Work: The Engineer reserves the right to make alterations in the character of the work which involve a substantial change in the nature of the design or in the type of construction or which materially increases or decreases the cost or time of performance.

Rev. 11-19-25 Page 10 of 84

Such alteration shall not constitute a breach of Contract, shall not invalidate the Contract or release the Surety.

Notwithstanding that the Contractor shall have no formal right whatsoever to any extra compensation or time extension deemed due by the Contractor for any cause unless and until the Contractor follows the procedures set forth in 5-

12.2 for preservation, presentation and resolution of the claim, the Contractor may at any time, after having otherwise timely provided a notice of intent to claim or preliminary time extension request pursuant to 5-12.2 and 8-7.3.2, submit to the County a request for equitable adjustment of compensation or time or other dispute resolution proposal. The Contractor shall in any request for equitable adjustment of compensation, time, or other dispute resolution proposal certify in writing that the request is made in good faith. The certification shall state that any supportive data provided are accurate and complete to the Contractor’s best knowledge and belief, and that the amount of the request accurately reflects what the Contractor in good faith believes to be the County’s responsibility. Such certification must be made by an officer or director of the Contractor with the authority to bind the Contractor. Any such certified statements of entitlement and costs shall be subject to the audit provisions set forth in 5-12.14. While the submittal or review of a duly certified request for equitable adjustment shall neither create, modify, nor activate any legal rights or obligations as to the Contractor or the County, the County will review the content of any duly certified request for equitable adjustment or other dispute resolution proposal, with any further action or inaction by the County thereafter being in its sole discretion. Any request for equitable adjustment that fails to fully comply with the certification requirements will not be reviewed by the County.

The monetary compensation provided for below constitutes full and complete payment for such additional work and the Contractor shall have no right to any additional monetary compensation for any direct or indirect costs or profit for any such additional work beyond that expressly provided below. The Contractor shall be entitled to a time extension only to the extent that the performance of any portion of the additional work is a Controlling Work Item and the performance of such Controlling Work Item actually extends completion of the Project due to no fault of the Contractor. All time-related costs for actual performance of such additional work are included in the compensation already provided below and any time extension entitlement here under will be without additional monetary compensation. The Contractor shall have no right to any monetary compensation or damages whatsoever for any direct or indirect delay to a Controlling Work Item arising out of or in any way related to the circumstances leading up to or resulting from additional work (but not relating to the actual performance of the additional work, which is paid for as otherwise provided herein), except only as provided for under 5-12.6.2.1.

4-3.2.1 Allowable Costs for Extra Work: The Engineer may direct in writing through a County-authorized Change Order Request form that extra work be done, and, at the Engineer’s sole discretion, the Contractor will be paid pursuant to an IFCA or Change Order negotiated in the following manner:

(a) Labor and Burden: The Contractor will receive payment for actual costs of direct labor and burden for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include Project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work

Rev. 11-19-25 Page 11 of 84 is a Controlling Work Item, and the performance of such Controlling Work Item actually extends completion of the Project due to no fault of the Contractor. Compensation for Project supervisory personnel, but in no case higher than a Project Manager’s position, shall only be for the pro-rata time such supervisory personnel spent on the Contract. In no case shall an officer or director of the Contractor, nor those persons who own more than 1% of the Contractor, be considered as Project supervisory personnel, direct labor or foremen hereunder.

Payment for burden shall be limited solely to the following:

Table 4-3.2.1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual

Holidays, Sick & Vacation benefits Actual Retirement benefits Actual

Workers Compensation

Rates based on the National Council on Compensation Insurance basic rate tables adjusted by Contractor’s actual experience modification factor in effect at the time of the additional work or unforeseen work.

Per Diem In accordance with Sarasota County Resolution No. 2016-170* Insurance** Actual

*https://www.scgov.net/Home/ShowDocument?id=3280

**Compensation for insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.).

At the pre-construction conference, certify to the Engineer the following:

(1) A listing of on-site clerical staff, supervisory personnel and their pro-rated time assigned to the Contract,

(2) Actual rate for items listed in Table 4-3.2.1,

(3) Existence of employee benefit plan for Holiday, sick and vacation benefits and a retirement plan, and,

(4) Payment of per diem is a company practice for instances when compensation for per diem is requested.

Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor.

Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will https://www.scgov.net/Home/ShowDocument?id=3280

Rev. 11-19-25 Page 12 of 84 constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work.

(b) Materials and Supplies: For materials accepted by the Engineer and used on the Project, the Contractor will receive the actual cost of such materials incorporated into the work, including Contractor-paid transportation charges (exclusive of equipment as hereinafter set forth). For supplies reasonably needed for performing the work, the Contractor will receive the actual cost of such supplies.

(c) Equipment: For any machinery or special equipment (other than small tools), including fuel and lubricant, the Contractor will receive 100% of the “Rental Rate Blue Book” for the actual time that such equipment is in operation on the work, and 50% of the “Rental Rate Blue Book” for the time the equipment is directed to standby and remain on the Project site, to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the date the work to be performed begins) of the “Rental Rate Blue Book for Construction Equipment” as published by Equipment Watch, a division of Informa Business Media, Inc., using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Rental Rate Blue Book.

Allowable Equipment Rates will be established as set out below:

(1) Allowable Hourly Equipment Rate = Monthly Rate/176 x Adjustment Factors x 100%.

(2) Allowable Hourly Operating Cost = Hourly Operating Cost x 100%.

(3) Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost.

(4) Standby Rate = Allowable Hourly Equipment Rate x 50%.

The Monthly Rate is the Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the Project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost.

Standby rates will not apply on any day the equipment operates for eight or more hours. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered workdays on the Project.

Rev. 11-19-25 Page 13 of 84

The County will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the County will pay for the time to perform this work at the rate for standby equipment.

Equipment may include vehicles utilized only by labor, as described above.

(d) Indirect Costs, Expenses, and Profit: Compensation for all indirect costs, expenses, and profit of the Contractor, including but not limited to overhead of any kind, whether jobsite, field office, division office, regional office, home office, or otherwise, is expressly limited to the greater of either (1) or (2) below:

(1) Solely a mark-up of 17.5% on the payments in (a) through (c), above.

(i) Bond: The Contractor will receive compensation for any premium for acquiring a bond for such additional or unforeseen work at the original Performance and Payment bond rate paid by the Contractor. No compensation for bond premium will be allowed for additional or unforeseen work paid by the County via initial contingency pay item.

(ii) The Contractor will be allowed a markup of 10% on the first $50,000 and a markup of 5% on any amount over $50,000 on any subcontract directly related to the additional or unforeseen work. Any such subcontractor mark-up will be allowed only by the prime Contractor and a first-tier subcontractor, and the Contractor must elect the markup for any eligible first-tier subcontractor to do so.

(2) Solely the formula set forth below and only as applied solely as to such number of calendar days of entitlement that are in excess of ten cumulative calendar days as defined below.

D = A X C B

Where A = Initial Contract Amount

B = Initial Contract Time

C = 8%

D = Average Overhead Per Day

Cumulative Calendar Days is defined as the combined total number of calendar days granted as time extensions due to either extra work, excluding overruns to existing Contract items, that extend the duration of the Project or delay of a Controlling Work Item caused solely by the County, or the combined total number of calendar days for which a claim of entitlement to a

Rev. 11-19-25 Page 14 of 84 time extension due to delay of a Controlling Work Item caused solely by the County is otherwise ultimately determined to be in favor of the Contractor.

Further, in the event there are concurrent delays to one or more Controlling Work Items, one or more being caused by the County and one or more being caused by the Contractor, the Contractor shall be entitled to a time extension for each day that a Controlling Work Item is delayed by the County but shall have no right to nor receive any monetary compensation for any indirect costs for any days of concurrent delay. No compensation, whatsoever, will be paid to the Contractor for any jobsite overhead and other indirect impacts when the total number of calendar days granted for time extension due to delay of a Controlling Work Item caused solely by the County is, or the total number of calendar days for which entitlement to a time extension due to delay of a Controlling Work Item caused solely by the County is otherwise ultimately determined in favor of the Contractor to be, equal to or less than ten calendar days and the Contractor also fully assumes all monetary risk of any and all partial or single calendar day delay periods, due to delay of a Controlling Work Item caused solely by the County, that when combined together are equal to or less than ten calendar days and regardless of whether monetary compensation is otherwise provided for hereunder for one or more calendar days of time extension entitlement for each calendar day exceeding ten calendar days. All calculations under this provision shall exclude weather days, Holidays, and Special Events.

4-3.2.2 Subcontracted Work: Compensation for the additional or unforeseen work performed by a subcontractor shall be limited solely to that provided for in 4-3.2.1 (a), (b), (c) and (d)(1). In addition, the Contractor compensation is expressly limited to the greater of the total provided in either 4-3.2.1(d)(1) or (d)(2), except that the Average Overhead Per-Day calculation is as follows:

Ds = As X C B

Whereas = Initial Contract Amount minus Initial Subcontract amounts(s)*

B = Initial Contract Time

C = 8%

Ds = Average Overhead Per-Day

* deduct Original Subcontract Amount(s) of subcontractor(s) performing the work

The subcontractor may receive compensation for any premium for acquiring a bond for the additional or unforeseen work; provided, however, that such payment for additional subcontractor bond will only be paid upon presentment to the County of clear and convincing proof that the subcontractor has actually provided and paid for separate bond premiums for such additional or unforeseen work in such amount and

Rev. 11-19-25 Page 15 of 84 that the subcontractor was required by the Contractor to acquire a bond.

The Contractor shall require the subcontractor to provide a certification, in accordance with 4-3.2.1 (a), as part of the cost proposal and provide such to the Engineer. Such certification must be made by an officer or director of the subcontractor with authority to bind the subcontractor.

Timely certification is a condition precedent to any right of the Contractor to recover compensation for such subcontractor costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such subcontractor costs.

4-3.3 No Waiver of Contract: Changes made by the Engineer will not be considered to waive any of the provisions of the Contract, nor may the Contractor make any claim for loss of anticipated profits because of the changes, or by reason of any variation between the approximate quantities and the quantities of work actually performed. All work shall be performed as directed by the Engineer and in accordance with the Contract Documents.

4-3.4 Conditions Requiring an IFCA or Change Order: An IFCA or Change Order will be used to clarify the Plans and Specifications of the Contract; to provide for unforeseen work, grade changes, or alterations in the Plans which could not reasonably have been contemplated or foreseen in the original Plans and Specifications; to change the limits of construction to meet field conditions; to provide a safe and functional connection to an existing pavement; to settle documented Contract claims; to make the Project functionally operational in accordance with the intent of the Contract and subsequent amendments thereto.

An IFCA or Change Order may be used to expand the physical limits of the Project only to the extent necessary to make the Project functionally operational in accordance with the intent of the Contract.

Contractor shall perform no work to be covered by an IFCA or Change Order until an IFCA or Change Order is received from the Engineer. The IFCA or Change Order will set forth sufficient work information to allow the work to begin. No payment will be made on an IFCA or Change Order prior to the County’s approval of the document.

Prior to any IFCA or Change Order, any County-issued or County-requested change to the scope resulting in an increase in monetary amounts in the Contract, including any changes that may result in an IFCA, amendment, or Change Order, shall only be requested by formal written request on the County-authorized Change Order Request Form. Verbal communications, communications by persons other than the County’s Designated Agent, and written communications on documents other than the Change Order Request Form shall not constitute a Change Order Request.

4-3.5 Extra Work: Extra work authorized in writing by the Engineer will be paid in accordance with the formula in 4-3.2. Such payment will be the full extent of all monetary compensation entitlement due to the Contractor for such extra work. Any entitlement to a time extension due to extra work will be limited solely to that provided for in 4-3.2 for additional work.

4-3.6 Connections to Existing Pavement, Drives and Walks: Generally adhere to the limits of construction at the beginning and end of the Project as detailed in the Plans. However, if the Engineer determines that it is necessary to extend the construction in order to make suitable connections to existing pavement, the Engineer will authorize such a change in writing.

Rev. 11-19-25 Page 16 of 84

For necessary connections to existing walks and drives that are not indicated in the Plans, the Engineer will provide direction regarding the proper connections in accordance with the FDOT Standard Plans.

4-3.7 Differing Site Conditions: During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the Contractor disturbs the conditions or performs the affected work.

Upon receipt of written notification of differing site conditions from the Contractor, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment will be made, excluding loss of anticipated profits, and the Contract will be modified in writing accordingly. The Engineer will notify the Contractor whether or not an adjustment of the Contract is warranted.

The Engineer will not allow a Contract adjustment for a differing site condition unless the Contractor has provided the required written notice.

The Engineer will not allow a Contract adjustment under this clause for any effects caused to any other County or non-County projects on which the Contractor may be working.

4-3.8 Changes Affecting Utilities: The Contractor shall be responsible for identifying and assessing any potential impacts to a utility that may be caused by the changes proposed by the Contractor, and the Contractor shall at the time of making the request for a change notify the County in writing of any such potential impacts to utilities.

County approval of a Contractor proposed change does not relieve the Contractor of sole responsibility for all utility impacts, costs, delays or damages, whether direct or indirect, resulting from Contractor initiated changes in the design or construction activities from those in the Contract Specifications, design plans (including traffic control plans) or other Contract Documents and which effect a change in utility work different from that shown in the utility plans, joint project agreements or utility relocation schedules.

4-3.9 Cost Savings Initiative Proposal:

4-3.9.1 Intent and Objective:

(1) This Subarticle applies to any cost reduction proposal (hereinafter referred to as a Cost Savings Initiative Proposal or Proposal) that the Contractor initiates and develops for the purpose of refining the Contract to increase cost effectiveness or significantly improve the quality of the end result. A Cost Savings Initiative Workshop may be held prior to Contract Time beginning for the Contractor and County to discuss potential Proposals. This Subarticle does not, however, apply to any such proposal unless the Contractor identifies it at the time of its submission to the County as a proposal submitted pursuant to this Subarticle.

(2) The County will consider Proposals that would result in net savings to the County by providing a decrease in the cost of the Contract.