5-2. IFB 044-26-RM GENERAL PROVISIONSONS.pdf

GENERAL PROVISIONS

(Date of Last Revision: 02/27/2024)

CONTENTS

Article No.

1.0 Definitions and Terms

2.0 Plans and Drawings

3.0 Construction Schedules

4.0 Materials, Services and Facilities

5.0 Tests and Samples

6.0 Coordination of Plans and Specifications

7.0 Shop Drawings

8.0 Patents

9.0 Applicable Laws to be Observed

10.0 Contractor's Responsibility For the Work

11.0 Traffic Control in Work Zones

12.0 Cooperation of Contractor

13.0 Workmen and Equipment

14.0 Field Office

15.0 Changes

16.0 Delays Beyond the Control of the Contractor

17.0 Differing Site Conditions

18.0 Prosecution of the Work

19.0 Time for Completion

20.0 Extension of Contract Time

21.0 Adverse Weather

22.0 Liquidated Damages

23.0 Authority and Duties of the Inspector

24.0 Inspection

25.0 Defective Work

26.0 Corrections to Plans and Specifications

27.0 Disagreement

28.0 Right of the City to Terminate the Contract

29.0 Applications for Payments

30.0 Evidence of Payment

31.0 Liens

32.0 Use of New Work

33.0 Clean up

34.0 Final Acceptance

35.0 Final Payment

36.0 Acceptance of Final Payment

37.0 Warranty

38.0 Assignments

39.0 Rights-of-Way and Easements

40.0 Protection of Private Property and Monuments

41.0 Construction Office

42.0 Electricity

43.0 Water Supply

44.0 Sanitary Provisions

45.0 As Built Record Drawings

46.0 Project Closeout Documents

1.0 DEFINITIONS AND TERMS

The following terms, when used in the Contract Documents, have the meaning described below. When there is conflict between the meaning indicated in the Standard Specifications or Supplemental Specifications and these General Provisions, the meaning of the term in these General Provisions shall prevail.

Addendum (Addenda): Additional Contract provisions issued in writing, by the City, prior to receipt of Bids. Also refer to the definition for Special Provisions in the definition for Specifications.

Advertisement: The public announcement, as required by law, inviting bids for work to be performed or materials to be furnished.

Applicable Laws: All federal, state, and local laws, ordinances and regulations that in any manner affect the conduct of the Work.

Bid: The offer or Proposal of the Bidder submitted to the City in the prescribed form setting forth the prices for the Work and, when required by the Contract Documents, the time for performance of the Work.

Bonds: Bid, Performance, and Payment Bonds, and other instruments of security, furnished by the Contractor and his/her Surety in accordance with the Contract Documents.

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

Change Order: A written order issued by the Engineer and accepted by the Contractor authorizing an addition, deletion, or revision in the Work within the general scope of the Contract Documents, and/or authorizing an adjustment in the Contract Price and/or Contract Time.

City: The City of Tallahassee, a municipal corporation in the state of Florida.

Construction Change Directive: A document authorizing additional work and the commencement thereof. A Construction Change Directive will be followed by a Change Order amending the Contract if a change in the Contract Price and/or Contract Time is involved.

Contract: The entire and integrated agreement between the parties thereunder, and supersedes all prior negotiations, representations or agreements, either written or oral.

The Contract Documents form the Contract between the City and the Contractor, setting forth the obligations of the parties thereunder, including, but not limited to the performance of the Work and the basis of payment. The Contract also includes provisions required by Applicable Laws whether or not they are inserted into the Contract Documents.

Contract Documents: The Notices/Instructions to Bidders, General Provisions, Supplemental Specifications, Standard Specifications, Special Provisions, Supplemental Information, Construction Plans, Water and Sewer Specifications, Addenda or other information issued to prospective bidders prior to the receipt of bids, the Contractor’s Bid Proposal, MBE Utilization Summary, Bid Security Bond, Contract, Contract Bond, Contract Certification Form, Insurance Certifications, Field Orders, Construction Change Directives, and Change Orders, all of which are to be treated as one instrument whether or not set forth at length in the form of a contract.

Contract Time: The time in calendar days for completion of the Work, as specified in the Proposal, beginning upon issuance of Notice to Proceed and ending upon certification of Final Acceptance.

Contractor: The individual, firm, joint venture, or company contracting with the City to perform the Work.

Department: When this term is used in the Standard Specifications and Supplemental Specifications, it is synonymous with City.

Standard Plans: The State of Florida Department of Transportation Standard Plans for Design, Construction, Maintenance, and Utility Operations on the State Highway System.

Engineer: The City Engineer of the City of Tallahassee, Florida, a City departmental engineer, or a City departmental project manager acting directly or through duly authorized representatives; such representatives acting within the scope of the duties and authority assigned to them.

Field Order: A written order effecting a minor change in the Work issued by the Engineer to the Contractor during construction. A Construction Change Directive or a Change Order will follow a Field Order if the change will affect the Contract Price and/or Contract time.

Final Acceptance: The date the Engineer certifies Final Acceptance of the Work.

Float Time: The amount of time between the early start date and the late start date, or the early finish date and the late finish date, of any of the activities in the Project Schedule.

Inspector: An authorized representative of the Engineer, assigned to make official inspection of the materials furnished and of the work performed by the Contractor. The City’s primary representative for communication to and from the Contractor.

Materials: Any substances to be incorporated in the Work under the contract.

MUTCD: The Federal Highway Administration’s (FHWA) Manual on Uniform Traffic Control Devices.

Notice of Award: The Written Notice by the City of the acceptance of the Bid of the successful Bidder.

Notice to Proceed: Written communication issued by the City to the Contractor authorizing he/she to proceed with the Work and establishing the date of commencement of Contract Time.

OSHA: The Occupational Safety and Health Act of 1970.

Owner: The City of Tallahassee, Leon County, Florida. The term “Owner” is also used interchangeably with the terms “City” and “Department” throughout the contract documents.

Plans: The construction plans, including reproductions thereof, issued by the City showing the location, character, dimensions, and details of the Work.

Project: An assignment of work under the Contract involving the construction of facilities or systems and required structures and appurtenances called for by the Plans and Specifications.

Shop Drawings: All working, shop, or erection drawings, associated trade literature, calculations, schedules, manuals and similar documents submitted by the Contractor to define some portion of the Work. The type of work includes both permanent and temporary facilities, as appropriate to the Project.

Site: The area upon which the Contractor’s operations are carried out and such other area adjacent thereto as may be designated as such by the Engineer.

Special Provisions: Specific clauses adding to or revising the Standard Specifications and/or Supplemental Specifications, setting forth conditions varying from or additional to the Standard Specifications and/or Supplemental Specifications for a specific Project.

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.

Standard Specifications: The Florida Department of Transportation Standard Specifications for Road and Bridge Construction, which are incorporated herein by reference as if fully written herein.

Subcontractor: A person or entity retained by the Contractor as an independent contractor to provide labor, materials, equipment, and/or services necessary to complete a specific portion of the Work.

Substantial Completion: The point in time when construction of a Project, or a specified part thereof, is sufficiently completed, in accordance with the Contract Documents, so that the Project, or specified part, can be utilized for the purposes for which it is intended.

Supplemental Specifications: A document prepared by the City amending the Standard Specifications.

Supplier: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the work site.

Time Impact Analysis: A time estimating procedure that utilizes networking techniques (fragnets) and an analysis of the facts associated with each delay to demonstrate its effect on the Project schedule. A fragnet is defined as a sequence of new activities and/or activity revisions that are proposed for addition to the existing schedule to demonstrate the influence of a delay and also the method for incorporating delays and impacts into the schedule. Its objective is to pinpoint, isolate and quantify any time impact associated with a specific issue and determine its time relationship to past or current delays.

Water and Sewer Specifications: The City of Tallahassee Water and Sewer Specifications, which are incorporated herein by reference as if fully written herein.

Work: All labor, materials and incidentals required for construction of the improvements for which the Contract is made, including superintendence, use of equipment and tools, and all services and responsibilities prescribed or implied.

Written Notice: Any notice in writing to any party of the Contract relative to any part of the Contract and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his/her last given address, or when delivered in person to said party or his/her authorized representative on the Project.

2.0 PLANS AND DRAWINGS

General drawings, showing such details as are necessary to give a comprehensive idea of the construction contemplated, will be shown in the Plans for the Project. The Plans and Specifications form a part of the Contract. All authorized alterations affecting the requirements, or the information shown on the Plans shall be issued in writing by the Engineer.

3.0 CONSTRUCTION SCHEDULES

The Contractor shall deliver to the Engineer a detailed schedule for performance of the Work no later than three workdays prior to the preconstruction conference. For Projects under $200,000, the Engineer may accept the schedule in bar graph form. For Projects of $200,000 or more, the schedule shall utilize the Critical Path Method (CPM).

The form of the schedule shall be suitable to the Engineer and shall show the proposed dates of commencement and completion of each of the various work items required under the Contract Documents. No work shall begin prior to approval of this schedule. The schedule is further subject to Subarticle 8-3.2 of the Standard Specifications.

The schedule shall be updated and presented to the Engineer on a monthly basis. Failure of the Contractor to update and submit the schedule as required may result in the return of any partial pay request covering the period of the delinquent or improper schedule.

4.0 MATERIALS, SERVICES, AND FACILITIES

It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every kind, and all other services and facilities of every nature whatsoever necessary to execute, complete, and deliver the Work within the Contract Time.

The cost of any material or activity used by the Contractor for the Contractor’s convenience shall be incidental to the item for which the material or activity is being used whether or not the material or activity is included in the Contract as a pay item. These include but are not limited to stone or granular bedding material, granular trench back-fill, borrow excavation, asphalt, maintenance of traffic, or any other material or activity which has not been deemed as essential to the Work or for which payment has not been authorized for by the Engineer.

Should the Engineer determine that any material or activity included herein is essential to the Work, the Contractor will be given specific and written authorization by the Engineer for the use and payment of the specific material or activity.

5.0 TESTS AND SAMPLES

Only materials meeting the requirements of the Specifications and Plans shall be used in the Work. The Engineer and the Inspector shall have access to all parts of the Work at all times and to all materials intended for use in the Work as well as to the site where such materials are manufactured. Materials will be inspected and passed upon as promptly as practicable, and none shall be used in the Work until they have been approved. The Work will be approved as it progresses, but failure to reject defective work at the time it is performed shall in no way prevent its rejection at any time before Final Acceptance of the Work.

Any such inspection and test is for the sole benefit of City and shall not relieve the Contractor of the responsibility of providing quality control measures to assure that the Work strictly complies with the Contract Documents.

The Contractor, at his/her expense, shall furnish full information and/or samples of materials for approval when requested by the Engineer or required by the Contract Documents.

6.0 COORDINATION OF PLANS AND SPECIFICATIONS

The Plans and Specifications are essential parts of the Contract Documents and any requirements occurring in one is as binding as if occurring in all. They are intended to be cooperative, to describe and provide for all complete Work. Computed dimensions shall govern over scaled dimensions. Schematic and diagrammatic drawings shall not be scaled. Large-scale details or drawings shall prevail over small-scale details or drawings.

Where the Plans and Specifications are not clear or definite, and where a discrepancy is discovered, the subject shall be referred to the Engineer for decision. Without such decision, the Contractor shall not make adjustments, except at his/her own risk.

In addition to the work and materials specifically called for in the Specifications as being included in any specific pay item, additional incidental work, not specifically mentioned, will be included in such pay item when so shown in the Plans, or if indicated, or obvious and apparent as being necessary for the proper completion of the Work under such pay item and not stipulated as being covered under other pay items.

In cases of discrepancy, the governing order of the Contract Documents shall be as follows:

1. Addenda

2. Special Provisions

3. Plans

4. Standard Plans

5. Notices/Instructions to Bidders

6. General Provisions

7. Supplemental Specifications

8. Water and Sewer Specifications

9. Standard Specifications

10. Supplemental Information The Contractor shall keep one copy of the Plans, Specifications, and Standard Plans at the job site and available to the Engineer during all times that work is being performed.

The Contractor or Subcontractor shall not perform work when such Plans, Specifications and Standard Plans are not present at the job site.

7.0 SHOP DRAWINGS

Working drawings for any structure or portion of the Work shall consist of such detailed Plans as may be required for the prosecution of the Work but not included in the Plans.

The Contractor shall furnish all necessary working drawings. Working drawings shall include shop details, and erection plans for all fabricated material, masonry layouts, diagrams, placing and bending diagrams for reinforcing steel, and detail layout for all electrical work, piping and equipment, approval of which by the Engineer must be obtained before any work involving shop drawings may be performed.

Drawings for false work, centering and formwork may also be required. Any shop drawings based upon engineering concepts or designs shall be signed and sealed by Contractor’s registered Florida Professional Engineer (other than the Engineer-of-Record or Specialty Engineer), the cost of which is incidental to the item of work for which the shop drawings pertain. In such cases, shop drawings shall be likewise subject to the Engineer’s approval.

It is expressly understood, however, that approval by the Engineer of the Contractor’s working drawings does not relieve the Contractor of any responsibility for accuracy of dimensions and details and complete compliance of the Work, materials, or equipment to the Specifications and Plans unless exceptions are specifically noted and requested, and specifically approved by the Engineer. The Contractor shall be responsible for agreement and conformity of his/her working drawings to the Plans and Specifications. The Contract Price shall include the cost of furnishing all shop drawings, and no additional compensation to the Contractor will be allowed for shop drawings.

8.0 PATENTS

The Contractor shall hold and save the City and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses, for or on account of any patented or non-patented invention, process, article, or appliance manufactured or used in the performance of the Contract including its use by the City, unless otherwise specifically stipulated in the Contract Documents.

9.0 APPLICABLE LAWS TO BE OBSERVED

The Contractor shall observe and comply with all Applicable Laws and shall indemnify and save harmless the City and all of the City’s officers, agents, and employees against any claim or liability arising from or based upon the violation of any such law, ordinance or regulation, whether by himself, his/her employees or any subcontractor.

The Contractor is totally responsible for meeting all requirements of all permits obtained for construction of the Project and will be liable for all fines or other remedial requirements imposed by any governmental entity as a result of non-compliance with the conditions of the permits. Should the Inspector or any governmental agent empowered to act for an agency determine that a violation of the requirements of a permit has occurred, the Contractor, upon receipt of written or verbal notification, shall suspend all affected Work and take immediate steps to correct the violation.

10.0 CONTRACTOR’S RESPONSIBILITY FOR THE WORK

Until Final Acceptance by the Engineer, the Work shall be under the charge and care of the Contractor. The Contractor shall take every precaution to protect the Work from damage by the elements or from any cause whatsoever and shall repair and make good at the Contractor’s own expense any such damage. The Contractor shall provide and maintain suitable strong and substantial barricades and signs wherever necessary, which signs and barricades shall be kept lighted from sunset to sunrise with suitable warning lights.

The Contractor shall save and keep harmless the City, and its employees from any and all claims for damage to persons or property sustained during the prosecution of the Work.

So that the City may be advised at regular intervals of the status of the Work under construction, the Contractor shall furnish to the Engineer all data that it has available that is necessary or desirable to the preparation of such a status report.

The Contractor shall attend monthly on-site progress meetings conducted by the Engineer to discuss current and future Work items and schedules as well as critical issues that could affect the cost or progress of the Work.

11.0 TRAFFIC CONTROL IN WORK ZONES

The Contractor shall furnish, erect, and maintain all necessary barricades, warning, and detour signs, suitable and adequate lights; provide watchmen where necessary to direct traffic; and take all other precautions to protect the Work and the public. Streets, which are closed to traffic by authority of the City Manager, shall be adequately barricaded and marked with warning and detour signs, and lights at all intersections and crossings along the detours. Street closings and detour routing shall be implemented only as called for in the Special Provisions or as shown on the Plans. Temporary detours shall be adequately marked throughout their length. All detour signing and routes shall be inspected and approved in writing by the City's Traffic Mobility Management Section prior to being open to traffic. It shall be the responsibility of Contractor to arrange such inspections with the City Engineer.

Detour routes shall be maintained in a safe and passable condition at all times, and at such time as the detour is no longer necessary, the streets constituting the detour route shall be restored to a condition equal to the condition of such streets prior to their use for detours, all to the satisfaction of the Engineer. All required restoration shall be considered incidental to the scope of maintenance of traffic work.

Obstructions and barricades shall be lighted at night, and such lights shall be kept burning from sunset to sunrise.

All such signing shall be done in accordance with applicable OSHA regulations, and the

MUTCD.

The Contractor’s failure to properly maintain a safe maintenance of traffic operations may result in affected work being suspended until such time as any unsafe conditions, as determined by the Engineer, have been corrected and made safe. No Contract Time extensions will be allowed for stop work orders due to unsafe traffic maintenance conditions.

12.0 COOPERATION OF CONTRACTOR

The Contractor shall give the Work the constant attention necessary to facilitate progress thereof, and shall cooperate with the Engineer, City staff, and with other contractors in every way possible.

The Contractor shall have present, at all times, a superintendent, satisfactory to the Engineer and capable of acting as Contractor’s agent on the Project and who shall receive instructions from the Engineer. The superintendent shall have full authority to execute orders of direction without delay and to properly supply such materials, tools, equipment, and labor as may be required.

13.0 WORKMEN AND EQUIPMENT

All workmen employed by the Contractor shall be experienced in and capable of doing the kind of tasks assigned to them. Any worker whom the Engineer may deem incapable of doing the kind of task assigned to him/her or who uses profane or abusive language, or who interferes with the Inspector, or disobeys the instructions of the Engineer, shall be discharged and shall not again be employed on the Project.

All equipment provided by the Contractor shall be first class, standard equipment, thoroughly adequate for the work for which it is to be used. Failure on the part of Contractor to furnish such labor and equipment shall be sufficient cause for termination of the Contract.

14.0 FIELD OFFICE

The Contractor shall maintain an office in or around the City of Tallahassee with a local telephone, and/or shall have direct contact with the Contractor’s superintendent by mobile telephone.

The Contractor shall furnish the Engineer with telephone numbers for contact with the Contractor and with the Contractor’s superintendent during normal office hours and during scheduled work hours. The Contractor’s superintendent shall check for messages from the Engineer throughout the workday.

The Contractor shall also furnish the Engineer with telephone numbers for direct and immediate contact with the Contractor, and/or his/her authorized representative in responsible charge of the Work should emergency situations occur during non- office hours or during non-scheduled work hours.

15.0 CHANGES

The City may at any time, as the need arises, order changes within the scope of the Work without invalidating the Contract. If such changes increase or decrease the amount due under the Contract Documents, or the time required for performance of the Work, an equitable adjustment shall be authorized by a Change Order.

The Engineer may, at any time make changes in the details of the Work. The Contractor shall proceed with the performance of any changes in the Work so ordered by the Engineer unless Contractor believes that such changes entitle him to a change in Contract Price or Time, or both, in which event the Contractor shall give the Engineer immediate Written Notice thereof after the receipt of the ordered change. Thereafter, the Contractor shall document in Written Notice to the Engineer, the basis for the change in Contract Price or Time, within fifteen (15) calendar days. A Time Impact Analysis must accompany all changes resulting in a request for additional Contract Time.

Changes in the Work may be accomplished by Change Order, Construction Change, Directive, or Field Order. Any one of these documents will be interpreted as instructions from the Engineer.

A Change Order shall be based upon agreement between the City and the Contractor. A Construction Change Directive may or may not be agreed to by the Contractor. The Engineer or his representative may issue a Field Order for minor changes to the Work.

Changes in the Work shall be performed under the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive, or Field Order.

15.1 Change Order: A Change Order is a document prepared by the Engineer and signed by the City and the Contractor, stating their agreement upon all of the following:

1. a change in the Work;

2. the amount of the adjustment in the Contract Price, if any; and

3. the extent of the adjustment in the Contract Time, if any.

Methods and precedence used in determining adjustments to the Contract Price shall be those listed in 15.2.1 of these General Provisions.

The issuance of a Change Order will be full and final settlement for any issue or item addressed in the Change Order. No Change Order will be accepted or processed with any “reservation of rights” notations or clauses.

15.2 Construction Change Directives: A Construction Change Directive is a written order prepared and signed by the Engineer, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Price or Contract

Time, or both. The Engineer may, by issuing a Construction Change Directive, order changes to the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Price and Contract Time being adjusted accordingly if affected by the change. A Construction Change Directive shall be used in the absence of agreement on the terms of a Change Order.

15.2.1 If a Construction Change Directive or Change Order provides for an adjustment to the Contract Price, the adjustment shall be based on one of the following methods and precedence:

(a) unit prices stated in the Proposal,

(b) unit prices agreed upon through previous Change Orders,

(c) by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Engineer,

(d) by actual cost, to be determined in a manner agreed upon by the

Contractor and City and including a mutually acceptable fixed or percentage fee (if any), or

(e) as provided in 15.2.2 of these General Provisions.

Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work and immediately advise the Engineer of the Contractor’s disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Price or Contract Time.

15.2.2 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Price, the method and the adjustment shall be determined by the Engineer on the basis of reasonable expenditures and savings of those performing the work attributable to the change, including, in case of an increase in the Contract Price, a reasonable allowance for overhead and profit. In such case, and also under 15.2.1(c) of these General Provisions, the Contractor shall keep and present, in such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data.

Unless otherwise provided in the Contract Documents, costs for the purposes of this Subarticle shall be limited to the following:

(a) Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance;

(b) Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed;

(c) Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others;

(d) Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and

(e) The Contractor may add 10% (for overhead and profit) to the cost for work performed by his/her own forces and 5% (for overhead and profit) to the cost for work performed by Subcontractors. The Subcontractor may add 10% (for overhead and profit) to the cost for work performed by his/her own forces. The Contractor may add an amount, confirmed by the Surety, not to exceed 2% for the additional bond premium.

(f) Overhead shall include the following: supervision, wages of timekeepers, watchmen, and clerks, small tools, incidentals, general office expense, and all other expenses not included in Cost.

15.2.3 When the City and the Contractor agree with the adjustments in the Contract Price and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order.

15.2.4 Prior to final determination of cost to the City and an executed Change Order, amounts not in dispute may be included in applications for payment.

15.3 Minor Changes in the Work:

The Engineer will have authority to order minor changes in the Work not inconsistent with the intent of the Contract Documents. Such changes shall be affected by issuance of a Field Order and shall be binding on the City and the Contractor. The Contractor shall carry out such written orders promptly.

16.0 DELAYS BEYOND THE CONTROL OF THE CONTRACTOR

Contract Time extensions will be considered by the Engineer for any delay beyond the control of the Contractor and affecting the critical path of the approved schedule or a controlling Item of work if the delay is brought to the attention of the Engineer immediately upon the Contractor having knowledge that a delay is forthcoming. Documentation, satisfactory to the Engineer, such as but not limited to, purchase orders, notice of strikes, shipping bills, manufacturer’s letters of delivery or other similar items, must be provided along with a written request for additional contract time. The written request shall include a Time Impact Analysis.

If documentation indicates that the Contractor failed to perform in a timely manner, any act that would have prevented the delay, no additional Contract Time will be granted.

An extension of contract time will be the only adjustment to the Contract for such a delay.

Failure of the Contractor to properly notify the Engineer will render void the Contractor’s claim.

The City reserves the right to waive the necessity of a Time Impact Analysis for any given claim, delay, or other issue. By the Contractor’s acceptance of the waiver, the Contractor agrees to have irrevocably waived his/her rights to any additional Contract Time or Contract Price other than those incorporated into a Change Order, as full and complete compensation for the event for which the Time Impact Analysis was waived.

17.0 DIFFERING SITE CONDITIONS

During the progress of the Work, if subsurface or physical conditions are encountered at the site differing materially from those indicated in the Contract Documents or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work required 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 they are disturbed and before the affected work is performed.

Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions differ materially and cause an increase or decrease in the Contract Price or Contract Time, or both, required for the performance of any work under the Contract, an equitable Contract adjustment, excluding the loss of anticipated profits, will be made by the City and the Contract modified in writing accordingly.

The Engineer will notify the Contractor whether or not an adjustment of the Contract is warranted. No Contract adjustment that results in a benefit to the Contractor will be allowed unless Contractor has provided the required immediate Written Notice.

The Written Notice will be followed within fifteen (15) calendar days by a detailed accounting of the claim including affected equipment and manpower, and a Time Impact Analysis.

No Contract adjustment will be allowed under this Article for any affects caused to any other City Projects.

If the Contract stipulates that hours/days are allocated for changed condition delays, then these hours/days and associated costs are incidental to the Contract and no claim for additional Contract Time or Contract Price shall be made due to such delays until such days/hours have been exhausted. Any changed condition that results in changed quantities, added, or deleted work to the Contract, will be adjusted in accordance with Article 15.0 of these General Provisions. Any days added via a Change Order for additional work, will not be claimed against the Contract Time allocated for changed conditions The delay time shall be measured in hours with no more than 8 hours of delay allowed per workday.

18.0 PROSECUTION OF THE WORK

The Contractor shall begin the Work no later than ten (10) calendar days following date of "Notice to Proceed" unless otherwise provided by Written Notice and shall proceed with the Work in the order designated in the construction schedule. No work shall commence prior to the date of "Notice to Proceed". The work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the Contract Time. Should the Contractor, or the manner of carrying on the work be manifestly incompetent or inadequate to do the Work within the Contract Time, then the City shall have the right to take charge of the Work and furnish the labor, materials, and equipment necessary to complete the Work as planned within the Contract Time and to charge the cost of all such work against the Contractor, and his/her Surety shall be held responsible therefore.

19.0 TIME FOR COMPLETION

The contract time for completion of the Work shall be as specified in the Proposal, excluding any approved time extensions. Contract time stops and the warranty period starts upon the date the Engineer certifies Final Acceptance of the Work in accordance with Article 34.0 of these General Provisions.

20.0 EXTENSION OF CONTRACT TIME

It is mutually agreed that no extension of Contract Time shall be effective unless in writing in the form of an approved Change Order.

An application by the Contractor for extension of Contract Time for any reason other than for weather-related delays, must be accompanied by a Time Impact Analysis, must be in writing, must set forth in detail the justification for the additional Contract Time, and must be submitted to the Engineer within fifteen (15) calendar days or as otherwise provided elsewhere in the Specifications following the occurrence of the cause of the request for a time extension.

If an application is made for an extension of Contract Time, the Contractor shall be entitled only to an extension of time for delay in completion of the Work, when the Contractor is obstructed or delayed in the commencement, prosecution or completion of any part of the Work by any act or delay of City or by acts or omissions of other contractors (not under contract to the Contractor) on the Project, or by riot, insurrection, war, pestilence, actions of public authorities, fire, lightning, earthquakes, cyclones, flood, or by strikes, or other causes; when such causes of delay mentioned in this paragraph, in the opinion of the Engineer, are entirely beyond the control of Contractor. The Contractor shall, however, be entitled to an extension of Contract Time for such causes only for the number of calendar days which the Engineer may determine to be due to such causes.

Only those causes that affect the critical path or controlling items of work indicated in the approved construction schedule (as supported by a Time Impact Analysis) will be considered for an extension of Contract Time.

Float Time is not for the exclusive use of or benefit of either the City or the Contractor. It is an expiring resource, available to both City and Contractor alike, to be used on a first come first serve basis.

Extension of Contract Time will be granted only to the extent that equitable time adjustments for the activities affected exceed the total or remaining Float Time along the path of those activities. In cases where the Contractor does not submit a Time Impact Analysis within the specified period of time, he/she shall be deemed to have irrevocably waived his/her rights to any increase in Contract Time or Contract Price.

The Engineer’s approval or rejection of a Time Impact Analysis, or if deemed necessary, a request by the Engineer for a meeting, shall be made within fifteen (15) calendar days after receipt of a Time Impact Analysis. Upon approval, a copy of the Time Impact Analysis, signed by the Engineer or authorized representative, shall be returned to the Contractor for incorporation into the schedule. The Contractor will incorporate the change into the schedule at the first update after the approval by the Engineer.

The City reserves the right to waive the necessity for a Time Impact Analysis for any given claim, delay, or other issue. By the Contractor’s acceptance of the waiver, the Contractor agrees to have irrevocably waived his/her rights to any additional Contract Time or monetary compensation other than those incorporated into an applicable Change Order, as full and complete compensation for the event for which the Time Impact Analysis was waived.

The determination made by the Engineer on an application for an extension of Contract Time shall be binding and conclusive on the Contractor.

The Contractor agrees to make no claim for damages for delay in the performance of any act of the City, the Engineer, or any of their representatives or because of any injunction which may be brought against the City or its representatives, and agrees that any such claim shall be fully compensated for by an extension of Contract Time to complete performance of the Work.

21.0 ADVERSE WEATHER

21.1 During adverse or severe weather, all work must stop when the Engineer so directs, and all Work must be suitably protected.

21.2 The established Contract Time for the Work does not include allowances for delays caused by adverse weather.

Contract Time extensions for delay caused by the effects of adverse weather upon the critical path of the approved construction schedule or controlling items of work will be handled differently from those resulting in other types of delay. Such Contract Time extensions will be determined by the Engineer, and are justified only when precipitation or other adverse weather conditions or related adverse in-situ soils conditions prevent the Contractor from reasonably performing controlling items of work resulting in:

1. The Contractor being unable to work at least 50 percent (50%) of the normal workday on pre-determined controlling items of work due to adverse weather conditions or:

2. The Contractor must make major repairs to the Work damaged by adverse weather, provided the damage was not attributable to a failure to perform or neglect by the Contractor, and the Contractor was unable to work at least 50 percent (50%) of the normal workday on pre-determined controlling items of work.

22.0 LIQUIDATED DAMAGES

It is mutually agreed between the parties that time is of the essence of this Contract and that there will be, on the part of City, considerable monetary damage resulting from the costs of delay to the public in the event the Work is not completed within the time fixed for completion in the Contract or within the Contract Time to which such completion may have been extended.

The amount per calendar day specified in the Proposal is hereby agreed upon as liquidated damages for each and every calendar day that the time consumed in completing the Work exceeds the Contract Time.

This sum shall not, in any event, be considered as penalty or otherwise than as the liquidated and adjusted damages to the City because of the Contractor’s failure to complete the Work within the Contract Time. The Contractor and his/her Surety agree that the daily rate of liquidated damages shall be deducted and retained out of the moneys which may become due the Contractor, and, if not so deducted, the Contractor and his/her Surety shall be liable therefore.

The amount of liquidated damages shall be assessed at the rate specified in the Proposal.

Failure of the Contractor to file a grievance as to the rate of Liquidated Damages before the Contract is awarded shall constitute acceptance and shall waive any later offenses or remedies as to the rate.

23.0 AUTHORITY AND DUTIES OF THE INSPECTOR

Representatives from local, state, and federal governments shall be authorized to inspect the Work, including preparation, fabrication, and manufacture of materials to be incorporated into the Work. The Inspector shall not be authorized to alter or waive any requirements of the Specifications.

The Inspector will call to the attention of the Contractor any failure of the Work or material to conform to the Plans, Specifications, and other Contract Documents. The Inspector may reject materials or suspend the work, with any questions that may arise, being referred to and decided by the Engineer. It shall be the responsibility of the Contractor and his/her personnel to cooperate fully with the Inspector and to furnish any assistance, to include labor and materials at the work site, required for proper inspection of the Work. The presence of the Inspector shall in no way lessen the responsibility of the Contractor. All instructions are to be received from the Engineer or the Inspector and not directly from other representatives mentioned above.

24.0 INSPECTION

The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the Work or the materials incorporated therein are in accordance with the Contract Documents. No work shall be done, or materials used without suitable supervision or inspection by the Engineer or the Inspector. Failure to reject any defective Work or materials shall not in any way waive the right of later rejection upon discovery of such defects or relieve the Contractor of his/her obligations to the City. All materials furnished and work performed that is not in accordance with the Contract Documents will be rejected and shall be immediately removed from the work site. Corrective work shall be performed, and other materials shall be furnished in accordance with the Contract Documents. If the Contractor fails to remove the work and materials when ordered as above described within 48 hours, then the Engineer shall have the right and authority to suspend the work at once and to supply personnel and materials to remove and reconstruct the defective work at the cost and expense of the Contractor.

25.0 DEFECTIVE WORK

The inspection of the Work shall not relieve the Contractor of any of his/her obligations to fulfill his/her contractual obligation to the City. Defective work shall be made good, notwithstanding that such work may have been previously inspected by the Engineer and accepted or estimated for payment. The failure of the Engineer to condemn improper materials or workmanship shall not be considered as a waiver of any defect which may be discovered later, or as preventing the City at any time subsequently from recovering damages for work actually found to be defective.

26.0 CORRECTIONS TO PLANS AND SPECIFICATIONS

Should any portions of the Plans and Specifications be obscure or in dispute, they shall be referred to the Engineer who shall decide as to the true meaning and intent. The Engineer shall also have the right to correct any errors or omissions in the Plans and Specifications at any time such corrections are necessary for the proper fulfillment of the Work.

27.0 DISAGREEMENT

Should any disagreement or difference arise as to the estimate, quantities, or classifications or as to the meaning of the Plans and Specifications on any point concerning the character, acceptability and nature of the several kinds of work and materials and construction thereof, the decision of the Engineer shall be final and conclusive and binding upon all parties to the Contract.

28.0 RIGHT OF THE CITY TO TERMINATE THE CONTRACT

If the Contractor should be adjudged as bankrupt, or if he/she should make a general assignment for the benefit of his/her creditors, or if a receiver should be appointed for the Contractor or any of his/her property, or if he/she should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials, or if he/she should refuse or fail to make prompt payment to persons supplying labor or materials for the Work under the Contract, or persistently disregard instructions of the Engineer, or fail to observe or perform any provisions of the Contract Documents, or otherwise be guilty of a substantial violation of any provision of the Contract, the City may serve Written Notice upon the Contractor of its intention to terminate the Contract, such notice to contain the reasons for such intention, and unless within five (5) calendar days after the serving of such notice upon the Contractor such violation or delay shall cease and satisfactory arrangement of correction be made, the Contractor shall, upon the expiration of said five

(5) calendar days, cease and terminate. However, if any of the above mentioned actions or violations occur after the serving of the first such intent to terminate, the City may serve Written Notice of intent to terminate the Contract upon the Contractor, such notice to contain the reasons for such intent, and the Contract shall cease and terminate upon the expiration of five (5) calendar days. In the event of any such termination, the City shall immediately serve notice thereof upon the Surety and the Contractor. The Surety shall have ten (10) calendar days from the date of the mailing of such notice within which it may exercise its right to take over and perform the Contract.

The City, by Written Notice may terminate the Contract or a portion thereof, for its convenience, or after determining that for reasons beyond either the City’s or Contractor’s control, it is prevented from proceeding with or completing the Work as originally contracted and that termination would therefore be in the best public interest. Such reasons may include, but not necessarily limited to, national emergencies, executive orders, actions of third-party person(s) or any other entity bringing about the need to terminate.

When the Contract, or any portion thereof, is terminated before the completion of all items in the Contract, payment will be made for the actual number of units or items of the Work completed at the Contract unit prices, or as mutually agreed for items of the Work partially completed or not begun.

Reimbursement for mobilization expenses (when not otherwise included in the Contract) including moving equipment to the work site, will be considered where the volume of the Work completed is too small to compensate the Contractor for these expenses under the Contract unit prices; the intent being that an equitable settlement will be made with the Contractor.

Acceptable materials procured by the Contractor for the Work, that have been inspected, tested and approved by the Engineer, and that are not incorporated into the Work, may be purchased from the Contractor at actual cost, as shown by recited bills and actual cost records, at such points of delivery as may be designated by the Engineer.

Termination of the Contract or a portion thereof, under the provisions of this Article, shall not relieve the Contractor of his/her responsibilities for the completed portion, nor shall it relieve the Surety of its obligation for and concerning any just claims arising out of the Work performed.

29.0 APPLICATIONS FOR PAYMENTS

29.1 Requests for Payment: Requests for payment shall be prepared on the request form provided by the Engineer and made monthly on the first day of the month.

Each payment request shall be for the cost of the Work completed and the value of suitable material stored at the work site since the time of the previous request.

The Engineer shall certify payment requests according to his best judgments of the correct amount.

29.2 Withholding Payment for Defective Work: If the City discovers any defective work or material prior to Final Acceptance, or if the City has reasonable doubt as to the…