Construction Supplemental Conditions 1

CONSTRUCTION SUPPLEMENTAL CONDITIONS

1. Giving Notice Notices to be given as specified in the Contract.

1.1. Unless specified otherwise herein, any written notice required under the Contract Documents shall be deemed to have been duly served when transmitted by electronic mail (email).

1.2. The receipt of notice will be the date and time the notice is received by the intended recipient.

2. Preliminary Matters

2.1. Award: The award of the Contract, if it is awarded, will be to the lowest responsible, responsive Contractor. No Notice of Award will be given until the City has concluded such research, as it deems necessary, to establish the responsibility, qualifications, and financial ability of the Contractors to do the Work in accordance with the Contract Documents to the satisfaction of the City within the time prescribed. The City reserves the right to reject the submission of any Contractor who does not pass such research to the City’s satisfaction. In analyzing submissions, the City may take into consideration alternates and unit prices, if requested by the Solicitation forms. If the Contract is awarded, the City will issue the Notice of Award and give the successful Contractor a Contract for execution within the time-period set forth in section entitled INFORMATION FOR CONTRACTORS.

2.2. Execution of Contract: The Contract, insurance including endorsements, and such other Contract Documents will be executed and electronically returned by the Contractor to the City within fifteen (15) calendar days of receipt from the City. The Contractor shall also provide original Performance and Payment Bonds as required by the Contract Documents.

2.3. Forfeiture of Solicitation Security: Failure of the successful Contractor to execute and deliver the Contract and deliver the required Bonds and Insurance, as stipulated in Paragraph 3.2, shall be just cause for the City to annul the Notice of Award and declare the Solicitation and any security thereof forfeited.

2.4. Contractors Pre-Start Representations: The Contractor represents that they have familiarized themselves with, and assumes full responsibility for having familiarized themselves with, the nature and extent of the Contract Documents, Work, locality, and with all local conditions and Federal, State, and Local laws, ordinances, rules, and regulations that may in any manner affect performance of the Work and represents that they has correlated their study and observations with the requirements of the Contract Documents. The Contractor also represents that they have studied all surveys and investigation reports of subsurface and latent physical conditions referred to in the Specifications and made such additional surveys and research as they deemed necessary, for the performance of the Work at the Contract Price, in accordance with the requirements of the Contract Documents, and that they have correlated the results of all such data with the requirements of the Contract Documents.

2.5. Notice to Proceed: Notification of Notice to Proceed shall be issued within fifteen (15) calendar days of execution of Contract by the City. Contract Time will commence to run on actual date of Notice to Proceed.

2.6. Contract Time: The Contract Time will commence to run on the day after the Effective Date of the Contract, or, if a Notice to Proceed is given, on the day indicated in the Notice To Proceed

2.7. Starting the Project:

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2.7.1. The Contractor shall start to perform their obligations under the Contract Documents on the date when the Contract Time commences to run. No Work shall be done at the site prior to the date, which the Contract Time commences to run, except with the written consent of the City. No time extension will be considered for Contractor delay in commencement of the Work.

2.7.2. Notice to Proceed will not be issued until adequate evidence of required insurance coverage and E- Verify Memorandum of Understanding or notice that said MOU has been received and approved by the City.

2.8. Before Starting Construction: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents, and check and verify pertinent figures shown thereon and all applicable field measurements. Contractor shall promptly report in writing to City any conflict, error, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from City before proceeding with any Work affected; however, Contractor shall not be liable to City or AE for failure to report any conflict, error, or discrepancy in the Contract Documents, unless Contractor had actual knowledge or should reasonably have known.

2.9. Estimated and Preliminary Schedules:

2.9.1. Within ten (10) days after date of execution of Contract, Contractor shall submit to City for review and approval:

• An estimated progress schedule with earnings indicating the starting and completion dates of the various stages of the Work.

• A preliminary schedule of Shop Drawing submissions; and

• A preliminary schedule of values for all the Work, which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include overhead and profit applicable to each item of Work, which will be confirmed in writing by Contractor at the time of submission.

2.9.2. The City shall review, or direct AE to review and return these schedules or require revisions, within fourteen (14) days of their submittal. If there is more than one Contractor involved in a project, the responsibility for coordinating the Work of all Contractors shall be as provided in the Special Conditions (if applicable).

2.10. Pre-Construction Conference

Within twenty (20) days after delivery of the executed Contract by City to Contractor, but before starting the Work at the site, a pre-construction conference shall be held to review the above schedules, to establish procedures for handling Shop Drawings, other submissions, for processing Applications for Payment, and to establish a working understanding between the parties as to the project. Present at the conference shall be the City or its representative(s), AE, Project Manager(s), Contractor and their Superintendent, and representatives of the various public and private facilities affected by the Work.

2.11. Finalizing Schedules

When directed by City, at least ten (10) days before submission of the first Application for Payment, a conference attended by Contractor, City and others as appropriate, will be held to finalize the schedules submitted in accordance with Paragraph 3.9. The finalized progress schedule will be acceptable to City as

Construction Supplemental Conditions 3 providing an orderly progression of the Work to completion within the Contract Time. Such acceptance will neither impose on City nor AE responsibility for the progress or scheduling of the Work nor relieve the Contractor from full responsibility. The first pay request will not be approved until the Contractor’s finalized progress schedule is accepted by the City. The finalized schedule of Shop Drawing submissions will be acceptable to the City as providing a workable arrangement for processing the submissions. The finalized schedule of values will be acceptable to the City as to form and substance. Acceptance by the City of the pay request does not constitute a waiver by the City for compliance.

2.12. Qualification of Subcontractors, Materialmen, and Suppliers

2.12.1. Within ten (10) calendar days after Solicitation opening, the Contractor shall submit to the City, for acceptance, a list of the names of Subcontractors, Material handlers, and Suppliers, in addition to those listed in the Submittal; and such other persons and organizations proposed for those portions of the Work as to which the Contract Documents require that the identity of the Subcontractors and other persons and organizations must be submitted. Failure to comply shall be notice to the City that all work is to be completed by the Contractor’s own forces.

2.12.2. Acceptance of any such Subcontractor, person, or organization shall not constitute a waiver of any right of the City or the AE to reject defective Work, material, or equipment or Work, not in conformance with the requirements of the Contract Documents.

2.12.3. If, prior to the Notice of Award, the City or the AE has reasonable objection to and refuses to accept any Subcontractor, person, or organization listed, the apparent low Contractor may, prior to Notice of Award either: (I) submit an acceptable substitute without an increase in their Solicitation Price, or (2) withdraw their Solicitation without forfeiting their Security.

2.13. Copies of Contract Documents, Field Records

2.13.1. The City will furnish to the Contractor electronic Plans and Specifications as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction.

2.13.2. The Contractor shall keep one record copy of all Specifications, Drawings, Addenda issued from Building & Zoning, and all Change Orders, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to the City and AE and shall be delivered to them for the City upon completion of the project. Final Payment will not be made until all As-Built Drawings have been approved and accepted by the City.

2.13.3. It shall be the responsibility of the Contractor to locate existing rights-of-way and property lines as required for location of all facilities installed under this Contract. The Contractor shall be responsible for any surveying needed for the layout of the work, including the establishment of benchmarks. Location of these lines shall be shown and/or verified by the Contractor on the As-Built Drawings.

2.13.4. As built drawings shall be certified as field verified by an independent Florida registered surveyor.

The cost of this work shall be included in each pay item of the Work if a unit price contract or in the total Solicitation if by lump sum.

3. Schedule and Progress Reports

3.1. Critical Path Method

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3.1.1. Scheduling

3.1.1.1 Scheduling and progress reporting of the project will be accomplished by a program which develops a Critical Path Method giving data similar and equivalent to Oracle’s Primavera P6 program or Microsoft’s Project program. During construction, the diagram and reports will be used to provide the following information:

3.1.1.1.1. Status of project to accuracy of thirty (30) days to determine trouble spots and if Work is on schedule.

3.1.1.1.2. Ample information to determine justification for extension of time as requested under

CHANGE IN TIME.

3.1.1.2. The Contractor shall, within fifteen (15) calendar days after date of Notice to Proceed, submit to the City a PDF and Gantt chart format with dependencies and critical path of a network diagram covering operations for the entire project. After approval, the diagram will be used as a basis for review of monthly progress until the total project network diagram is approved.

3.1.1.3. Activities shown on this schedule shall include all major construction operations, their proposed sequence, submittal of Shop Drawings and/or Samples, installation of major and critical items, and the completion of the various Work items within the allowed time for the Contract. Each event or node of the network diagram shall be uniquely numbered, and each activity shall be labeled with a suitable description together with an estimate of the number of working days required for the activity.

3.1.1.4. A reproducible copy of the approved network diagram shall be transmitted to the City within sixty

(60) days after Notice to Proceed. The Critical Path Method shall be indicated on the network diagram, together with cumulative number of calendar days, to complete the project. With the approved network, the Contractor shall submit an electronic version of two (2) different tabulations giving the type of information listed below:

a. Starting Node

b. Ending Node

c. Duration in Working Days

d. Description

e. Earliest Start

f. Earliest Finish

g. Latest Start

h. Latest Finish

i. Total Float

j. Free Float

3.1.1.5. One tabulation shall be a listing of activities in order of ascending starting node numbers. If there is more than one activity with the same starting node number, then all such activities in order of ascending

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“latest starts” as related to the start of the project. If there is more than one activity with the same “latest start”, all such activities shall be listed in order of ascending node numbers.

3.1.1.6. Computer services, if used to process the tabulation, shall be furnished by the Contractor.

3.1.1.7. At the end of each month thereafter, the Contractor shall report progress data by submitting a reproducible and six (6) prints of the approved network diagram, marked to show project status at the end of that month to City.

3.1.1.8. As in the case of the bar chart reporting; the monthly CPM reports shall include the following information:

a. Actual progress of Work completed during reporting period

b. Total percentage of project Work completed to date

c. Total value of Work completed during reporting period

d. Cumulative value of Work completed

e. Total percentage of Contract Time elapsed

3.1.1.9. When major changes in the Contract or in the order of Work are made, the network diagram shall be revised and submitted to the City for approval. Changes shall be highlighted.

If, in the opinion of the City or AE, the Contractor falls behind in scheduled progress, and/or the monthly CPM network diagrams indicate that the Contractor is more than twenty percent (20%) or thirty (30) days behind schedule, whichever is considered by the City to be most critical, the Contractor shall take such steps required to improve their progress and shall submit their revised network diagram, tabulations, and operational plans to demonstrate the manner in which the lost progress will be regained, all without any time loss or additional cost to the City.

3.2. Lack of Satisfactory Progress:

3.2.1. Lack of satisfactory progress, as adjudged by the City or AE, shall be considered grounds for the withholding of payment until necessary changes have been made. In the event the City or AE declares a lack of satisfactory progress is evident, the Contractor, within ten (10) days, shall submit in writing, a plan acceptable to the City or AE, their method to bring the work back to the approved schedule. City and/or AE directions to Contractor to accelerate Work in order to achieve the existing Contract Time schedule, does not constitute a change in the scope of Work, and shall not be considered as a basis for a Change Order of any type.

4. Correlation, Interpretation and Intent of Contract Documents

4.1. Intent

4.1.1. The Contract Documents comprise the entire Contract between City and Contractor concerning the Work. They may be altered only by a Change Order. The Contract Documents are complementary; what is called for in one is as binding as if called for by all. The Contract Documents will be construed in accordance with Florida law.

4.1.2. The intent of the Contract Documents is that the Contractor furnish all labor, materials, water, fuel, tools, equipment, light, transportation, and all other expenses necessary for the proper execution of the

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Work, in accordance with the Contract Documents, and all incidental Work necessary to complete the project in an acceptable manner, ready for use, occupancy, or operation of the City. The words “furnish and install”, “install”, and “provide”, or words with similar meaning, shall be interpreted, unless specifically stated otherwise, to mean “furnish and install complete in place and ready for service”.

4.1.3. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials, or equipment that may reasonably be inferred from the Contract Documents, as being required to produce the intended result will be supplied whether or not specifically called for. When words, which have a well-known technical or trade meaning, are used to describe Work, materials, or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, or laws or regulations in effect at the time of opening of Solicitations (or, on the effective date of the Contract if there were no Solicitations), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual, or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City, Contractor, or AE, or any of their consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to AE or City, or any of AE’s or City’s consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 4.1.3 or 4.1.4. When directed by the City, clarifications and interpretations of the Contract Documents shall be issued by the AE as provided in Paragraph 4.1.1.

4.1.4. Neither the AE nor the City will assume any responsibility for Solicitation errors and/or omissions caused by failure of the Contractor, or any of their Subcontractors, to inspect and familiarize themselves with the complete set of Contract Documents, or for failure to visit and familiarize themselves with the actual site conditions. Full and complete sets of Plans, Specifications, and other documents relating to this Contract are available for inspection.

4.2. Table of Contents

4.2.1. The Table of Contents for the Contract Documents, or any division thereof, is included for convenience only. It does not form a part of the Contract, nor does it show the scope or disposition of the Work.

4.2.2. The Work of all trades under this Contract shall be coordinated by the Contractor in such a manner as to obtain the best workmanship possible for the entire project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade.

4.3. Conflict, Error, or Discrepancy

4.3.1. If, during the performance of the Work, the Contractor finds a conflict, error, or discrepancy in the Contract Documents, the Contractor shall so report to City in writing at once and, before proceeding with the Work affected shall obtain a written interpretation or clarification from the City; however, the Contractor shall not be liable to City or AE for failure to report any conflict, error, or discrepancy in the Contract Documents unless the Contractor had actual knowledge or should reasonably have known.

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4.3.2. The AE or City shall promptly correct such inconsistencies or ambiguities, in writing. Work done by the Contractor after their discovery of such discrepancies, inconsistencies, or ambiguities without AE’s or City’s written interpretation or clarification, shall be done at the Contractor’s risk.

4.3.3. It shall be the Contractor’s responsibility to carefully study and compare the Contract Documents and to check and verify all figures shown and all field measurements. Existing dimensions and clearances shall be verified by the Contractor before laying out the Work.

4.4. Precedence of Documents

4.4.1. See General Conditions.

4.4.2. In case of conflict between the Drawings and Specifications, the Specifications shall govern. Figure dimensions on Drawings shall govern over scale of dimensions, and Detailed Drawings shall govern over General Drawings.

4.5. Brand Names

Brand names, where used in the Drawings and/or Technical Specifications, are intended to denote the standard of quality required for the particular material or product. The term “equal” or “equivalent”, when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color, and other applicable characteristics to the material or product specified by brand name and that is suitable for the same use and capable of performing the same function, in the opinion of the AE, as the material or product so specified. Proposed equivalent items must be approved by the AE before they are purchased or incorporated in the Work.

4.6. Manufacturer’s Literature

Manufacturer’s literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications, or other data published by regulating agencies or accepted organizations including, but not limited to, National Electrical Code, applicable State Building Code, Federal Specifications, ASTM Specifications, various institute specifications, etc. It shall be understood that such reference is to the latest edition including Addenda in effect on the date of Solicitation.

4.7. Miscellaneous Items and Accessories

Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure or plant, providing the indicated function, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish strength, class, weight, and other applicable characteristics, as specified for the major component of which the miscellaneous items or accessory is an essential part, and shall be approved by the AE or City before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications.

4.8. Amending and Supplementing Contract Documents

4.8.1. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work, or to modify the terms and conditions thereof in one or more of the following ways:

a. a formal Written Amendment; or

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b. Change Order

4.8.2. As indicated, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment.

4.8.3. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways:

a. a Field Order; or

b. City’s approval of a Shop Drawing or sample, or

c. AE’s or City’s written interpretation or clarification

4.9. Reuse of Documents

Neither the Contractor, nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the City, shall have, or acquire, any title to or ownership rights in any of the Drawings, Specifications, or other Documents (or copies) prepared by, or bearing the seal of the AE; and they shall not reuse any of them on extensions of the project or any other project, without written consent of the City and the AE and specific written verification or adaptation by the AE.

4.10. Reference to Drawings

Where “as shown”, “as indicated”, “as detailed”, or words of similar import are used in the Specifications, it shall be understood that reference to the Contract Drawings is made unless stated otherwise. Drawings are the property of the City and shall not be used for any purpose other than that contemplated by this Specification.

4.11. Referenced Specifications

All materials, systems, or operations specified by reference to standard trade specifications, or to manufacturers’ published specifications, shall in all respects comply with the requirements of these Contract Documents. Except when a particular edition is called for, the referenced specification used shall be the latest published edition on the date of the Contract Documents. In case of conflict between the referenced specification and the Contract Specifications, the Contract Specifications shall govern. In case of a conflict between referenced specifications, the specification having the more stringent requirements shall govern.

4.12. Interpretation of Approximate Quantities

The Contractor’s attention is called to the fact that any estimate of quantities of Work to be done and materials to be furnished under the Specifications as shown on the Submittal, or elsewhere, is approximate only and not guaranteed. The City does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the Work, or other conditions pertaining.

4.13. Salvaged Equipment and Materials

All salvaged materials and equipment are the property of the City and shall be stored or disposed of as directed by the City, except as otherwise provided in these Specifications. The Contractor shall remove

Construction Supplemental Conditions 9 and clean all reusable items of material and/or equipment salvaged from existing structures that are not to be demolished or abandoned in the course of the Work. The City shall identify items not to be salvaged and stored. Contractor shall not abandon, demolish or remove anything without the City’s determination as to whether it should be salvaged or stored.

4.14. Access to All Records

Representatives of the City and the AE shall have access to all records of the Work whenever it is in preparation or progress.

4.15. Qualifications of Contractors Submitting on Construction of Buildings and/or Structures, Plumbing, and Electrical Work:

Any person who submits or offers a submittal to the City on any public works project, shall at the time of Solicitation or offer of Solicitation, hold a valid Contractor’s Certificate qualifying them to perform the Work proposed by the Solicitation and Contract Documents. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction concerning these matters.

4.16. Correspondence

All correspondence and/or Drawings pertinent to the Work covered by these Specifications shall bear the following information on the fly leaf: project description, City’s name, City’s Contract Number, Purchase Order number and AE’s project number.

5. Availability of lands; physical conditions, reference points

5.1. Availability of lands

5.1.1. The City shall provide, as indicated in the Contract Documents and not later than the date when needed by the Contractor, the lands upon which the Work is to be done, rights of way and easements for access, and such other lands which are designated for the use of the Contractor. Easements for permanent structures, or permanent changes in existing facilities, will be secured and paid for by the City, unless specified otherwise in the Contract Documents. If the Contractor believes that any delay in the City’s furnishing these lands or providing such easements entitles them to any extension of the Contract Time, they may make a claim as provided in Paragraph entitled “Changes”. The Contractor shall provide all additional lands, and access, that may be required for temporary construction facilities or storage of materials and equipment.

5.1.2. The Contractor shall not (except after written consent from the property City) enter or occupy with workers, tools, or equipment any land outside the rights of way or property of the landowner. A copy of the written consent shall be given to the City.

5.2. Surveys; Soil Borings

5.2.1. The City will, upon request, furnish to the Contractor copies of available boundary surveys and will establish or indicate such general reference points as in their judgment will enable the Contractor to proceed with the Work.

5.2.2. The Contractor shall provide all surveys necessary for construction of the work, and to ensure proper record keeping, and as required for the performance of the Work. All Work shall be done to the lines, grade, and elevations shown on the Plans. Any Work done without being properly located may be ordered removed and replaced at the Contractor’s expense.

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5.2.3. The AE or City may, in their sole discretion, check from time to time the reference marks, lines, grades, and measurements established by the Contractor, but their exercise or failure to exercise such right, shall not relieve the Contractor of their obligations under the preceding paragraph.

5.2.4. The Contractor shall carefully preserve benchmarks, reference points, and stakes. In the case of willful or careless destruction, they shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance.

5.2.5. The City may have, for its own use, made borings at or near the site of the Work. Any boring data shown in these Contract Documents is presented only as information which indicates certain conditions found and limited to the exact locations and on the dates indicated. Any interpretations or conclusions drawn by the Contractor from such data shall be their own, and the City makes no representation or guarantee concerning the accuracy or completeness of such data. The Contractor shall be responsible for making their own determination of water table variations prior to submitting and shall not assume that any water levels shown by the aforesaid boring data will necessarily be maintained at the level indicated.

5.3. Physical Conditions

5.3.1. Contractor Research, The Contractor acknowledges that they have researched prior to submitting and satisfied themselves as to the conditions affecting the Work including, but not restricted to, those bearing upon transportation, disposal, handling, and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, river stages, tides, water tables, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during execution of the Work. The Contractor further acknowledges that they have satisfied themselves as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered as this information is reasonably ascertainable from an inspection of the site, including the making of borings, and from examination of all exploratory work done by the City or AE, if any, on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made a part of this Contract, or any other information made available to them prior to receipt of Solicitations. Any failure by the Contractor to acquaint themselves with the available information will not relieve their from responsibility for estimating properly the difficulty or cost of successfully performing the Work. The City assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the City or AE. No oral representations by any persons respecting such conditions shall in any manner be binding upon the City or the AE.

5.3.2. Removal of Debris - Unless otherwise stated, the Contractor shall be fully responsible for the removal of any materials, debris, garbage, vehicles or other such items, which would interfere with the undertaking and completion of the project. By submission of a Solicitation, the Contractor assumes full responsibility for the expenses associated with such removal. There shall not be an increase in time or price associated with such removal.

5.3.3. Encroachments - The Contractor shall be responsible for any encroachments on rights-of-way or property of the public, or adjoining property, and shall hold the City harmless because of any encroachments, which may be a result of their lack of proper layout. They shall, without extra cost to the City, remove any Work or that portion of any Work that encroaches on the property of others, or that is built beyond legal building or setback limits, and they shall rebuild the affected Work or portion of Work at the proper location and in full compliance with the Contract Documents.

5.4. Differing Site Conditions

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5.4.1. The Contractor shall immediately, upon discovery, notify the City in writing of: (1) subsurface or latent physical conditions or unknown physical conditions at the site differing materially from those indicated in this Contract. The City shall promptly investigate the conditions, and if they find that such conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performance of any part of the Work under this Contract an equitable adjustment shall be made, and the Contract modified accordingly, in writing.

5.4.2. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in the preceding paragraph; provided, however, the time prescribed therefore may be extended by the City.

5.4.3. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after Final Payment under this Contract.

5.5. Utilities and Other Obstructions

5.5.1. It shall be the sole responsibility of the Contractor in the performance of the Contract to locate and avoid all utilities, other structures, and obstructions whether located below or above the surface of the ground. For that purpose, they shall employ all necessary precautions and methods to prevent damage to utilities, other structures, and obstructions. In the event such damage does occur, the Contractor shall be solely liable, and they shall notify the affected utility or structure owner immediately, make or have made all necessary repairs, and bear the expenses and all damage caused. They shall reimburse the Utility Company for all their costs incurred in the repair of damage.

5.5.2. Shown or Indicated - Certain information relating to piping and underground utilities and structures, such as gas mains, water mains, and electric duct lines, has been gathered by the City or AE for its purposes, and has been shown on the Plans for the convenience of the Contractor that may use at their own risk.

Any interpretations or conclusions drawn by the Contractor from the Plans shall be their own. The City and the AE are not responsible for, nor make any representations or guaranty, concerning the accuracy or completeness of such data.

5.5.3. Not Shown or Indicated - If an underground facility is uncovered or revealed at the site, which was not shown or indicated in the Contract Documents and which the Contractor could not reasonably have been expected to be aware of, the Contractor shall, promptly after becoming aware and before performing any Work (except in an emergency), identify the City of such underground facility and give written notice to that City of the utility and to the City. City will promptly review the underground facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the underground facility. The Contract Documents will be amended or supplemented to the extent necessary. During such time, the Contractor may be responsible for the safety and protection of such underground facility. The Contractor shall be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any underground facility that was not shown or indicated in the Contract Documents, and which the Contractor could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length, the Contractor may make a claim as provided in Articles "Change in Amount" and "Change in Time".

5.5.4. Archaeological Findings: If an Archaeological Artifact is unearthed during excavation operations, the Contractor shall immediately suspend excavation and notify the City. City will take action as described below:

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• If findings are material artifacts such as fire rings, pottery, arrow points, etc., City will notify State Archaeological Office for a determination. Contractor’s operations within ten feet of the find will be suspended until the site is cleared by the State Archaeological Office.

• If findings are human, the City will notify local law enforcement authorities for a determination of a possible crime scene and notify the State Archaeological Office. Local law enforcement authorities will determine the limits of Contractors continued operations until their investigation is completed. Once cleared by Local Law Enforcement authorities, a 20’ non-working zone will be established around the find until the site is investigated and cleared by the State Archaeological Office.

At all times, the Contractor shall cooperate with the City, local law enforcement authorities, the State Archaeological Office and others, to assist their investigation and preserve historical Floridian artifacts.

Other than identification of the find as a crime scene, the Contractor’s operations may continue outside of the zones described above, unless specifically directed otherwise by the City. In the event of a crime scene determination, the limit of Contractor’s operations shall be determined by the local law enforcement authorities.

The Contractor may not make a claim for extra work or delays caused by Archaeological or crime scene research, which delay or suspend operations for 24 hours or less. The hourly or daily rate for additional costs, claims for extra work, or delays beyond the first 24 hours, shall be negotiated with the City prior to occurrence of the claim.

5.6. Reference Points

The City shall provide engineering surveys to establish base reference points for construction, which in the City’s judgment, are necessary to enable the Contractor to proceed with the Work. The Contractor shall be responsible for all other surveying required and for laying out the Work (unless otherwise specified in the Contract Documents), shall protect and preserve the established reference points, and shall make no changes or relocations without the prior written approval of the City. The Contractor shall report to the City whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel.

6. Structures encountered and protection of life and property

6.1. The Contractor shall, at their own expense, support and protect all buildings, bridges, conduits, wires, water pipes, gas pipes, sewers, pavements, curbing, sidewalks, equipment, and fixtures of all kinds and all other public or private property that may be encountered or endangered in the execution of the Work. They shall replace, repair, or otherwise make good any damage caused to any such property to the satisfaction of the City. The Contractor shall pay for the relocation of any existing overhead or underground utilities, unless indicated otherwise on the Drawings or in the Contract.

6.2. In the event the Contractor does not perform their obligations under the preceding or following paragraphs, the City reserves the right at its election to make good any damage to public or private property caused by the Work of the Contractor, and the cost shall be borne by the Contractor. In the event the Contractor refuses or fails to pay bills upon presentation, the City may pursue any remedies available or may deduct the amount from any money that may be due the Contractor upon giving ten (10) days advance written notice.

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6.3. Throughout the performance of the Work, the Contractor shall construct, and adequately maintain, suitable and safe crossings to care for public and private traffic. Excavated material shall be located in an area to cause the least inconvenience as possible to the public, adjoining property owners, other Contractor, or the City. If directed by the City, materials and equipment shall be relocated.

6.4. The Contractor, at their expense, shall provide the necessary security, sufficient warning lights, barricades, and take other precautions as are necessary to protect life and property.

6.5. The Contractor shall provide additional security, at any point as requested by the City.

6.6. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. They shall notify City of adjacent property and utilities at least 72 hours in advance, not including weekends and holidays, when execution of the Work may affect them. The use of explosives is strictly prohibited. Machinery, equipment, and to the extent that such provisions are not in contradiction of applicable laws.

6.7. The Contractor shall provide proper facilities, take all necessary precautions, and assume the entire cost for protecting the Work against adverse weather conditions and for handling all storm, flood, groundwater, sewage, or other seepage that may be encountered during the performance of the Contract.

The manner of providing for such contingencies, and for carrying on the Work in all types of weather including extreme weather, shall meet the approval of the AE or City. If the Contractor shall fail to provide such protection, or in the event of emergencies, the City may provide such protection at the Contractor’s expense.

6.8. The Contractor’s attention is specifically directed to the published regulations of the regulatory authorities on “The Use of Cranes, Draglines, and Similar Equipment Near Power Lines”, “Excavations and Trenching Operations”, “Construction and Use of Scaffolds”, and similar regulations of those authorities.

7. Bonds and Insurance

7.1. Bid Bonds

Solicitations must be accompanied by a Solicitation surety of not less than five percent (5%) of the Solicitation amount, made payable to the City. Said surety shall be in the form of a Solicitation bond or cashier’s check on a national or state bank, executed by the Contractor, and a qualified surety authorized to do business in the State of Florida, and acceptable to the City, as guarantee, that the Contractor will enter into a contract with the City within fifteen (15) calendar days after written notice of award. Bid bonds can be on any form for that purpose (i.e. A1A)

7.2. Performance, Payment and Other Bonds (F.S. 255.05)

7.2.1. The Contractor shall, within ten (10) calendar days after award of Solicitation by City Council, furnish the City with a Performance Bond, a Payment Bond and applicable Certificates of Insurance acceptable to the City. Each Bond shall be equal to the amount of the Contract Price conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions, and Contracts of the Contract Documents, and upon the prompt payment by the Contractor of all persons supplying labor and materials in the execution of the Work provided by the Contract Documents. These Bonds shall remain in effect at least until one (1) year after the date when Final Payment becomes due, except as otherwise provided by law or regulation or by the Contract Documents. The Contractor shall also furnish such other Bonds as may be required by the Special Conditions.

https://www.flsenate.gov/Laws/Statutes/2021/255.05

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7.2.2. All Bonds shall be in the forms prescribed by law or regulation or by the Contract Documents and shall be executed by the Contractor and a corporate bonding company acceptable to the City and licensed to transact such business in the State of Florida and named on the current list of “Surety Companies Acceptable on Federal Bonds” as published in the Treasury Department’s Circular No. 570 as amended. The expense of these Bonds shall be borne by the Contractor. If at any time a Surety on any such Bond is declared bankrupt or loses its right to do business in the state in which the Work is to be performed, or is removed from the list of surety companies accepted on federal bonds, the Contractor shall, within ten (10) days after notice from the City to do so, substitute an acceptable Bond (or Bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the City. The premiums on such Bond shall be paid by the Contractor. In such event, no progress payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable Bond to the City.

7.2.3. Attorneys-in-fact who sign Payment or Performance Bonds must file with each Bond a certified and effectively dated copy of their power-of-attorney. Attorneys-in-fact must be licensed in the state of Florida.

Solicitation Bonds

7.2.4. Prior to execution of the Contract, the City may require the Contractor to furnish other Bonds, in such form and with such Sureties as they may require. If such other Bonds are required by written instructions given prior to opening of Solicitations, the premiums shall be paid by the Contractor. If afterwards, they shall be paid by the City, except as specified in the following paragraph.

7.2.5. If any Surety upon any Bond furnished in connection with the Contract Documents becomes unacceptable to the City, or if any such Surety fails to furnish reports as to its financial condition from time-to-time as requested by the City, the Contractor shall, at their own expense, promptly furnish such additional security as may be required from time-to-time to protect the interests of the City and of persons supplying labor or materials in the execution of the Work contemplated by this Contract.

7.2.6. Before commencing work, the Contractor, upon entering into a formal contract with the City for the construction of a public building, the execution and completion of a public project, or repairs on a public building or project, must provide a certified copy of the Payment and Performance Bond recorded in the public records of Lee County.

Solicitations must be accompanied by a Solicitation surety of not less than five percent (5%) of the Solicitation amount, made payable to the City. Said surety shall be in the form of a Solicitation bond or cashier’s check on a national or state bank, executed by the Contractor, and a qualified surety authorized to do business in the State of Florida, and acceptable to the City, as guarantee, that the Contractor will enter into a contract with the City within fifteen (15) calendar days after written notice of award. Successful awarded Contractor shall be required to furnish a separate Performance Bond and Payment Bond, each in the amount of one hundred percent (100%) and provide the certificate of insurance(s) and supporting endorsements meeting the City’s requirements.

8. Contractor's Responsibility

8.1. Supervision and Superintendent

8.1.1. The Contractor shall supervise and direct the Work competently and efficiently, devoting such attention to and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but the Contractor shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or

Construction Supplemental Conditions 15 procedure of construction, which is indicated in and required by the Contract Documents. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents.

8.1.2. The Contractor shall employ, and maintain on the Work, a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor’s representative at the site and shall be satisfactory to the City and the AE. The Contractor’s supervisor or superintendent shall not be replaced without giving a two (2) week advanced written notice to the City, except under extraordinary circumstances. A two (2) week overlap period for transition from the old to the new supervisor or superintendent shall be provided by Contractor. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the supervisor shall be emailed to the Contractor's home office.) No supervisor or superintendent shall be assigned to more than one contract at any one time.

8.1.3. Neither AE nor the City will be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of their agents or employees, or any other persons performing any of the Work.

8.2. Labor, Materials, and Equipment

8.2.1. The Contractor shall provide…