City of St. Petersburg, Florida

Engineering & Capital Improvements Department

Contract Standards:

General Conditions for Field Orders v.007529676

July 2024 http://www.stpete.org/logo/images/city_logo_color.gif

CONTRACT STANDARDS

TABLE OF CONTENTS

GENERAL CONDITIONS (00752976)

ARTICLE G-1 DEFINITION OF TERMS

ARTICLE G-2 REPRESENTATIONS AND WARRANTIES

ARTICLE G-3 PROJECT SCHEDULE

ARTICLE G-4 INTENT AND USE OF THE CONTRACT

4.1 – Relationship Between Documents

4.2 – References to Other Documents

4.3 – Contract Document Ownership

4.4 – Intent of the Plans

4.5 – Intent of the Specifications

4.6 – Intent of the Contract

4.7 – Record Documents

4.8 – Records Retention

ARTICLE G-5 OMISSIONS OR ERRORS IN THE CONTRACT

ARTICLE G-6 INTERPRETATIONS

ARTICLE G-7 APPLICABLE LAWS AND REGULATIONS

ARTICLE G-8 ROYALTIES AND PATENTS

ARTICLE G-9 ACCIDENT PREVENTION

ARTICLE G-10 PUBLIC CONVENIENCE AND SAFETY

10.1 – Requirements for the Protection of the Work, Personnel and Property

10.2 – Public Convenience

ARTICLE G-11 NOISE ABATEMENT

ARTICLE G-12 WORK DAYS

ARTICLE G-13 NO WAIVER OF RIGHTS

ARTICLE G-14 SEPARATE CONTRACTS

ARTICLE G-15 COORDINATION OF THE WORK

ARTICLE G-16 CONFERENCES AND CORRESPONDENCE

16.1 – Pre-construction Conference

16.2 – Correspondence to the Contractor

16.3 – Correspondence to the City

ARTICLE G-17 CONSTRUCTION MEANS AND METHODS

ARTICLE G-18 CONTRACTOR’S OBLIGATION TO PERFORM

ARTICLE G-19 RESPONSIBILITY OF THE CITY

19.1 – Contractual Representative

19.2 – Issuance of Change Orders and Field Orders

19.3 – Preparation of Additional Drawings

ARTICLE G-20 CITY’S RIGHT TO DO WORK

ARTICLE G-21 CITY’S RIGHT TO STOP OR SUSPEND WORK

ARTICLE G-22 MATERIAL AND EQUIPMENT DELIVERY

ARTICLE G-23 STORAGE OF MATERIALS

23.1 – Proper Storage

23.2 – Use of Premises

23.3 – Use of Chemicals

ARTICLE G-24 QUALITY OF MATERIALS AND WORKMANSHIP

ARTICLE G-25 SANITARY FACILITIES FOR CONSTRUCTION PERSONNEL

ARTICLE G-26 SUBCONTRACTORS

26.1 – Division of the Work for Contractors

26.2 – Contractor’s Responsibility for Subcontractors

26.3 – City’s Responsibility to Subcontractors and Material Suppliers

26.4 – Agreement with Subcontractors

ARTICLE G-27 SMALL BUSINESS ENTERPRISE PROGRAM

ARTICLE G-28 CONTRACTOR’S EMPLOYEES

ARTICLE G-29 CONTRACTOR TO BE REPRESENTED

29.1 – Office Supervision

29.2 – Field Supervision

ARTICLE G-30 TESTS AND INSPECTIONS

30.1 – Tests of Materials

30.2 – Inspections

30.3 – Defective Work

ARTICLE G-31 UNCOVERING OF WORK

31.1 – Uncovering Work Requiring Prior Inspection

31.2 – Uncovering Work Not Requiring Prior Inspection

ARTICLE G-32 UNFORESEEN SUBSURFACE CONDITIONS

ARTICLE G-33 SUBSTITUTIONS DURING CONSTRUCTION

ARTICLE G-34 CHANGES IN THE WORK

34.1 – City’s Right to Request Change Orders

34.2 – Recognition of Extra Work

34.3 – Determining Change Order Prices

34.4 – Disputes Regarding Change Order Prices

34.5 – Contractor’s Right to Request Change Orders

34.6 – Monetary Compensation for Delays

34.7 – Unauthorized Work/Emergency Work

34.8 – Preparation of Change Orders

35.9 – Changes in Contract Time

35.10 – Changes in Field Order Completion Time

ARTICLE G-35 SHOP DRAWINGS AND SUBMITTALS

35.1 – Shop Drawings – General

35.2 – Requirements

35.3 – Contractor’s Responsibility

36.4 – Engineer’s Review of Submittals

ARTICLE G-36 CHANGES IN SHIPPED MATERIAL

36.1 – Materials Requiring Submittal Approval Prior to Shipment

36.2 – Materials Not Requiring Submittal Approval Prior to Shipment

ARTICLE G-37 WORK IN INCLEMENT WEATHER

ARTICLE G-38 QUANTITIES OF WORK

38.1 – Unit Price Items

38.2 – Lump Sum Items

ARTICLE G-39 AS-BUILT DRAWINGS

ARTICLE G-40 OPERATION AND MAINTENANCE MANUALS

ARTICLE G-41 CLEAN UP

ARTICLE G-42 SUBSTANTIAL COMPLETION

ARTICLE G-43 FINAL INSPECTION

ARTICLE G-44 PAYMENTS

44.1 – Partial Payment

44.2 – Payment for Materials Stored On- and Off-Site

44.3 – The City’s Right to Decline, Reduce or Delay Payments

44.4 – Final Payment

ARTICLE G-45 GUARANTEE PERIOD

ARTICLE G-46 LIENS

ARTICLE G-47 CLAIMS AND DISPUTES

47.1 – Initial Referral to the Engineer

47.2 – Protesting the Engineer’s Decision

ARTICLE G-48 TERMINATION OF THE CONTRACT

48.1 – Reasons for Termination

48.2 – Settlement of Payment

ARICTLE G-49 PUBLIC RECORDS

ARTICLE G-50 SCRUTINIZED COMPANIES

ARTICLE G-51 DISCHARGES BY CONTRACTOR AND CORRECTIVE ACTION PLANS

ARTICLE G-52 INDEMNIFICATION

ARTICLE G-53 INSURANCE

53.1 – Workers’ Compensation Insurance

53.2 – U.S. Longshore and Harbor Worker’s Act Insurance

53.3 – Commercial General Liability Insurance

53.4 – Commercial Automobile Insurance

53.5 – Builder’s Risk Insurance

53.6 – Pollution/Environmental Liability Insurance

53.7 – Professional Liability Insurance

ARTICLE G-54 PUBLIC CONSTRUCTION BOND

Contract Standards Annual As-Needed Projects

General Conditions July 2024

GENERAL CONDITIONS

ARTICLE G-1 DEFINITION OF TERMS

In addition to the terms set forth in the Agreement, the following terms as used in the Contract are respectively defined as follows:

ALTERNATES – Bid price for additive or deductive items to the Base Bid in the Proposal.

BID – The solicitation response the Contractor submitted in response to an Invitation for Bids on the prescribed proposal form setting forth the prices for the Work to be performed.

BUSINESS DAYS – Every day other than Saturdays, Sundays, or City-designated holidays.

CHANGE ORDER – A written order to the Contractor prepared by the City, executed as required by the Contract, describing, authorizing and recognizing a change in the Work, an adjustment in the prices for the Work set forth in the Bid or Quote, and, if applicable, an adjustment to the Field Order Completion Time. A Change Order may be utilized to substitute work at no cost, to authorize additional (extra) work or to authorize the deduction of work. A Change Order signed by the Contractor indicates its agreement therewith.

CITY INSPECTOR – Duly authorized project representative assigned by the Manager, Engineering Construction. The City Inspector may be a City employee or an employee of a Design Professional employed by the City.

DESIGN PROFESSIONAL – The person or entity under separate contract with the City to provide Engineering/Architectural services, and, if noted at the pre-construction conference, may provide construction administration, construction inspection, or other project-related services for the Project.

ENGINEER – The Director of the City Engineering & Capital Improvements Department, or an authorized representative.

FIELD ORDER – A document (i) authorizing the Contractor to proceed with work defined in a single Work Order or multiple Work Orders, (ii) establishing the date on which the Contractor is to commence performance of the Work, and (iii) providing a timeline for completion of that Work.

Field Orders are assigned a unique number for recordkeeping purposes.

FINAL PAYMENT – The final payment made by the City after Final Completion has been achieved by the Contractor. Final Payment releases all moneys due to the Contractor for Work performed under a Field Order.

FINAL COMPLETION – Completion of all work required under the Contract for each Field Order to the satisfaction of the City. Completion includes not only construction of Work but also the completion of the Punch List items, which may include submittal of as-built drawings approved by the City, warranty documents, Operation and Maintenance Manuals, and all other documentation required by the Contract.

LAWS – All federal, state, and local statutes, rules, regulations and ordinances, the federal and

General Conditions July 2024 state constitutions, and the orders and decrees of lawful authorities having jurisdiction over the matter at issue.

MANAGER, ENGINEERING CONSTRUCTION – Duly authorized representative of the Engineer.

NOTICE TO PROCEED – Official written notice provided by the City to the Contractor for each annual period of the Contract, upon which the Contractor shall be prepared to initiate commencement of the Work under the Contract upon receipt of Field Order(s).

PAY ITEMS – Descriptions of specific work, methods of measurement, and basis of payments outlined either (i) in the bid form attached to the Invitation to Bid or (ii) in the Work Order, and used by a Bidder or Contractor to determine the total bid price or the price for a Quote, as applicable.

PLANS/CONTRACT PLANS – All Field Orders, Work Orders, Worklists, and associated combination of City atlas maps, GIS maps, drawings, and City surveyor established vertical/horizontal control data furnished by the City describing the scope, extent, character, and location of the Work related to each Field Order, Work Order, or Worklist within the overall Project, and which form the basis of the Contractor’s As-Built Drawings/Records. City Standard Details are also included with the Plans by reference.

PUNCH LIST – a final comprehensive list of items to be completed or corrected after Substantial Completion and prior to final payment, including the estimated cost to complete each item on the list. Said estimated cost shall be in accordance with the approved schedule of values.

QUOTE- A document containing the Contractor’s proposed cost to perform the Work, including the furnishing of materials and labors.

SAMPLES – Physical examples which illustrate materials, equipment, or workmanship and established standards by which the Work will be judged.

SCHEDULE OF VALUES – A breakdown of costs for the various construction activities associated with each pay item in the Solicitation or a Quote.

SHOP DRAWINGS – All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, manufacturer, supplier, or distributor and which illustrate the equipment, material, or some portion of the Work required by the Contract.

SOLICITATION – All documents included in the solicitation issued by the City for the Work. In an Invitation to Bid, this includes but is not limited to the Invitation to Bid, and Instructions to Bidders, and any addenda thereto; in a Request for Qualifications, this includes but is not limited to the Statement of Qualification Requirements.

SOLICITATION RESPONSE – The Bid or Statement of Qualifications.

SPECIFICATIONS – Those portions of the Contract consisting of written technical descriptions of, and requirements applicable to materials, equipment, construction systems, standards and workmanship as applied to the Work, and all administrative details, procedures and requirements. Specifications include all divisions herein.

General Conditions July 2024

STATEMENT OF QUALIFICATIONS – The solicitation response the Contractor submitted in response to a Request for Qualifications on the prescribed proposal form setting forth the Contractor’s qualifications for the Work to be performed.

SUBCONTRACTOR – A Subcontractor is a person or entity who has a contract with the Contractor to perform any of the Work at the site.

SUBSTANTIAL COMPLETION – The stage in the progress of the Work set forth in a Field Order when the Work is sufficiently complete in accordance with the Contract so that the City can occupy or utilize the Work for its intended use. Substantial Completion is further defined in the Contract Documents.

SUPERINTENDENT – Contractor employee in charge of and responsible for the coordination all Contractor field personnel, construction crews and Subcontractors which perform work under the Project. Superintendent shall be available to the Engineer at all times and meet all of the qualifications required as part of the Contract Documents.

SURETY – The corporate body which is bound with and for the Contractor and which engages to be responsible for its payment of all debts pertaining to, and for its acceptable performance of, the Work for which it has contracted.

WORK – The construction and services required by the Contract, whether completed or partially completed, including all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations.

WORKLIST – A tabulated list comprised of a single Work Order or multiple Work Orders and associated utility asset data.

WORK ORDER – A document attached to a Field Order detailing work to be performed. Work Orders are assigned a unique number for recordkeeping purposes.

ARTICLE G-2 REPRESENTATIONS AND WARRANTIES

Execution of the Contract by Contractor is a representation that the Contractor is familiar with the Project site, is familiar with the local conditions under which the Work is to be performed, and that it has correlated personal observations with the requirements of the Contract.

Familiarity with the Project site and local conditions includes, without limitation: (1) the condition and layout of the Project site and surrounding locale, including marine and subsurface conditions; (2) available labor supply and costs; (3) available subcontractors and suppliers; (4) the prevailing climate, including the impact on construction operations of rain, and other weather events, based upon averages documented by the National Weather Service; (5) available material and equipment and related costs; and (6) other similar issues. Contractor may not make any claim whatsoever for additional time or money arising from its failure to familiarize itself with the Project site in accordance with the representations set forth in this Article.

Contractor has informed the City, and hereby represents to the City, that it has experience in performing work similar to the Work identified in the Contract, and that it is well acquainted with the components that are properly and customarily included within such a Project and the requirements of applicable Laws including but not limited to building, labor, safety, licensing or environmental Laws and local building codes, building standards, and trade practices affecting the Project. The City agrees to furnish or approve, in a timely manner, information required by

General Conditions July 2024 the Contractor.

The time limits stated in the Contract are of the essence.

ARTICLE G-3 PROJECT SCHEDULE

The Contractor shall comply with the requirements of the article headed “Project Schedule Documentation” of the Technical Specifications, Section 1 - General.

ARTICLE G-4 INTENT AND USE OF THE CONTRACT

4.1 Relationship Between Documents

The Contract comprise the entire Contract between the City and the Contractor concerning the Work. They may be altered only by a modification. The Specifications are accompanied by the Plans which are duplicates of Plans on file with the City Engineering & Capital Improvements Department.

The documents comprising the Contract are complementary; what is called for by one portion is as binding as if called for by all portions. The table of contents, titles and headings contained in the Contract are solely to facilitate reference to pertinent provisions of the Contract, and shall in no way affect the interpretation of the provisions to which they refer. Further, in the event any particular parts of the Contract are found to be unenforceable, no such event shall affect the enforceability or applicability of any other parts of the Contract.

In the event a conflict between the Plans and the Specifications arises, the Contractor shall notify the Engineer who shall interpret and rule on the true intent.

4.2 References to Other Documents

Reference to standard specifications, manuals or codes of a technical society, organization or association, or to the code of a governmental authority, whether such reference is specific or by implication, shall mean the latest standard specification, manual or code in effect at the time of opening of the Bids or issuance of a Request for Qualifications, as applicable, unless otherwise specifically stated and shall be as binding as other Project Specifications. However, no provision of a referenced standard specification or manual (whether or not specifically incorporated by reference in the Contract) shall change the duties and responsibilities of the City, or the Contractor or any of their agents or employees from those set forth in the Contract.

When used in the Contract, the following abbreviations have the meaning shown unless stated otherwise:

AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute AREA American Railway Engineering Association ASHRAE American Society of Heating, Refrigerating, & Air Conditioning Engineers ASTM American Society for Testing and Materials AWPA American Wood Preserver’s Association

General Conditions July 2024

AWS American Welding Society AWWA American Water Works Association CISP Cast Iron Soil Pipe Institute CRSI Concrete Reinforcing Steel Institute DEP Department of Environmental Protection, State of Florida DIPRA Ductile Iron Pipe Research Association DOT or FDOT Department of Transportation, State of Florida DOT-SSRBC or Department of Transportation, Standard Specification for FDOT-SSRBC Road & Bridge Construction (English Units) FDEP Florida Department of Environmental Protection FHWA Federal Highway Administration FM Factory Mutual EPA or USEPA United States Environmental Protection Agency IEEE Institute of Electrical and Electronics Engineers MUTCD Manual on Uniform Traffic Control Devices NEC National Electrical Code NEMA National Electrical Manufacturer’s Association NFPA National Fire Protection Association NSF NSF International OSHA United States Department of Labor, Occupational Safety and Health

Administration; and Occupational Safety and Health Act PCA Portland Cement Association PCI Pre-stressed Concrete Institute SBCCI Southern Building Code Congress International SMACNA Sheet Metal and Air Conditioning Contractor’s National Association SSPC Steel Structures Painting Council UL Underwriters Laboratories, Inc.

4.3 Contract Document Ownership

Neither the Contractor nor a Subcontractor, manufacturer, fabricator, supplier or distributor shall have or acquire title to or ownership rights in the Plans, Specifications, or other documents (or copies of same) prepared by or through the City and they shall not reuse them in whole or in part, on extensions of this Project or on another project without prior written consent of the City including any specific written verifications or adaptations.

4.4 Intent of the Plans

It is the intent of the Plans to provide the Contractor the best information available regarding the location and layout of the existing and proposed utilities. The Contractor shall carefully use this information and conduct exploratory excavations to verify the locations of existing utilities where any excavation is required.

4.5 Intent of the Specifications

The intent of the Specifications is to provide the Contractor with the best practical information regarding the quality of materials and work to be performed at the site. Contractor shall be responsible for ensuring that the material standards required are met and that the manner of performing all work is of the highest quality.

General Conditions July 2024

4.6 Intent of the Contract

It is the intent of the Contract to describe a complete Project to be constructed in accordance with the Contract. All work that may reasonably be inferred from the Specifications or Plans as being required to produce a complete and functional result shall be supplied whether or not it is specifically mentioned. When words which have a well-known technical or trade meaning are used to describe the Work, materials or equipment, in all cases those words shall have that meaning.

The apparent silence of the Specifications as to any detail, or the omission from them of a detailed description concerning any work to be done and materials to be furnished, shall be regarded as meaning that only the best general practice is to be used, and that only materials and workmanship of the best quality shall be used, and interpretation of the Specifications shall be made upon that basis.

Payment for the items quoted in the Bid or Quote shall also include all costs of any other work, materials and equipment necessary to make the Work complete with the intent of the Project.

Work not specified, but involved in carrying out their intent or in the complete and proper execution of the Work is required, and shall be performed by the Contractor as though it was specifically delineated or described.

4.7 Record Documents

The Contractor shall maintain in a safe place at the site one (1) record copy of all Plans, Specifications, Addenda, Change Orders, Field Orders and written interpretations and clarification in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to the Engineer for reference.

4.8 Records Retention

The Contractor shall keep and maintain complete records related to this Contract during the term of the Contract, through the guarantee period identified in ARTICLE G-45, GUARANTEE PERIOD and for the retention periods set forth in the most recent General Records Schedule GS1-SL for State and Local Government Agencies. All records shall be kept and maintained in accordance with generally accepted accounting principles.

ARTICLE G-5 OMISSIONS OR ERRORS IN THE CONTRACT

Should anything be omitted from the Contract Plans or Specifications which is necessary to permit a clear understanding of the Work, or should there be any error in any of the various instruments furnished, the Contractor shall not perform the Work and shall immediately notify the City of such omissions or errors. Upon receipt of such notification, the City will respond accordingly.

In the event of the Contractor’s failure to follow this procedure, it shall make good any damage to or defect in its work caused hereby. The Contractor will not be allowed to take advantage of any omission or error on the Plans, as full instructions will be furnished by the City regarding the intent of the Contract.

General Conditions July 2024

ARTICLE G-6 INTERPRETATIONS

When, during the course of the progress of the Work, a question arises as to the intent of the Contract, the scope of Work to be performed, or the labor or materials to be supplied, such questions shall, prior to the Work being performed, be referred to the Engineer for formal determination. All such referrals must be made prior to the Work being performed. Any Work performed prior to receipt of written instruction shall be considered to have been performed outside the scope of the Contract and performed at no cost to the City.

If, upon the receipt of a question concerning the Work, the Engineer determines that the Work referred to must be performed by the Contractor at no increase in price to the Contract, the City Inspector will issue an interpretation on a form entitled “Field Order”, which upon issue, shall be signed by the Contractor acknowledging receipt. In the event the Contractor disagrees with such an interpretation, it must register a protest by Certified Mail with the Engineer within ten

(10) days following the date of issuance of the Field Order by the City Inspector. However, the Contractor shall immediately proceed with the instruction given in the Field Order.

If, upon receipt of a question concerning the Work, the Engineer determines that the Work referred to lies outside the Contractor’s scope of Work, the Engineer will not issue a Field Order but rather will initiate the procedures for the execution of a Change Order as specified in

ARTICLE G-34, CHANGES IN THE WORK.

Interpretations of the requirements of the Contract may be issued as Field Orders by the Engineer or the City Inspector at any time during the course of the construction. The Contractor, at all times, is required to immediately execute the instructions of all issued Field Orders.

ARTICLE G-7 APPLICABLE LAWS AND REGULATIONS

The Contract shall be governed by the laws of the State of Florida. Venue for any action brought in state court shall be in Pinellas County, St. Petersburg Division. Contractor and the Work shall comply at all times with all applicable Laws. If the Contractor finds that the Work is or may be in conflict with applicable Laws, the Contractor shall give, prior to performing such Work, the City prompt written notice, specifying each conflict. Upon receipt of such notice, if warranted, the City will eliminate each conflict by issuance of an appropriate Change Order.

Contractor is required to be familiar with the Laws applicable to the Work. If Contractor performs any Work contrary to such Laws, the Contractor shall bear sole liability for all consequences.

ARTICLE G-8 ROYALTIES AND PATENTS

The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others.

If a particular invention, design process, product or device is specified in the Contract for use in the performance of the Work and if to the actual knowledge of the City its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the City in the Contract.

The Contractor shall defend at its expense, pay on behalf of, hold harmless and indemnify the Indemnified Parties (as hereinafter defined) from and against any and all Claims (as hereinafter defined), including but not limited to costs, expenses and attorneys’ and experts’ fees at trial

General Conditions July 2024 and on appeal, whether or not a lawsuit is filed, which Claims are alleged or claimed to have arisen out of or in connection with, in whole or in part, directly or indirectly, the infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device.

ARTICLE G-9 ACCIDENT PREVENTION

Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of applicable Laws, and existing building and construction codes shall be observed.

Machinery, equipment, and other hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America, and OSHA’s Safety and Health Standards (29 CFR 1926/1910) U. S. Department of Labor, to the extent that such provisions are not in contravention of applicable Laws and the Accident Prevention Manual, City of St. Petersburg, Florida.

ARTICLE G-10 PUBLIC CONVENIENCE AND SAFETY

10.1 Requirements for the Protection of the Work, Personnel, and Property

The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent and mitigate damage, injury or loss resulting from its construction activities to:

A. All employees on the Work and all other persons who may be affected thereby;

B. All the Work, and all materials and equipment to be incorporated therein, whether installed, in storage on or off the site under the care, custody or control of the Contractor or any of its Subcontractors or Sub-Subcontractors;

C. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation or replacement in the course of construction.

The Contractor shall give all notices and comply with all applicable Laws bearing on the safety of persons or property of their protection from damage, injury or loss.

The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying City and users of adjacent utilities.

No Contractor shall cut away any timber, dig under any foundations or into any walls or other parts, or in any case allow the same to be done without the full knowledge and consent of the City, and shall be held responsible for any damage resulting from any violations of the provisions of this clause. Approved excavation under foundations shall be backfilled concrete by and at the expense of the Contractor requiring such excavation.

When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel.

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The Contractor shall promptly remedy all damage or loss to any property caused in whole or in part by the Contractor, any Subcontractor, any Sub-Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone whose acts any of them may be liable and for which the Contractor is responsible except damage or loss attributable to the acts or omissions of the City or anyone directly or indirectly employed by the City, or by anyone for whose acts the City may be liable, and not attributable to the fault or negligence of the Contractor.

10.2 Public Convenience

The Contractor shall conduct its work so as to interfere as little as possible with private business or public travel. It shall, at its own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and it shall be liable for all damages occasioned in any way by its act or neglect or that of its agents or employees. The Contractor is responsible, where necessary, to provide temporary sidewalks for the safe passage of pedestrian traffic. The Contractor shall comply with the State of Florida Manual on Traffic Control and Safe Practices.

The Contractor shall cooperate with the City of any underground or overhead utility lines in their removal and rearrangement operations in order that these operations may progress in a reasonable manner, that duplication of rearrangement work may be reduced to a minimum, and that services rendered by those parties will not be unnecessarily interrupted.

In the event of interruption to underground or overhead utility services as a result of accidental breakage or as a result of being exposed or unsupported, the Contractor shall immediately alert the occupants of nearby premises as to any emergency that the Contractor may create or discover at or near such premises. The Contractor shall then notify the City and the City or operator of the utility facility of the disruption and shall cooperate with the said utility City or operator in the restoration of service. If water service is interrupted, repair work shall be continuous until the service is restored. No work shall be undertaken around fire hydrants until provisions for continued service have been approved by the local fire authority.

During all work under this Project, the Contractor, through the use of water or other City-approved means, shall institute a continuous dust abatement program to the extent that reasonable precaution shall be taken by the Contractor to prevent the emission of fugitive particulate matter into the atmosphere. Access to private property is to be maintained at all times. It is the Contractor’s responsibility to develop construction schedules and methods to assure compliance with this requirement.

ARTICLE G-11 NOISE ABATEMENT

The Contractor shall comply with applicable Laws related to noise, including the City’s noise ordinance.

ARTICLE G-12 WORK DAYS

Except for special operations that may be necessary to maintain, check, and protect work already performed, all work shall normally be discontinued on Saturdays, Sundays, and City-designated holidays. Should the Engineer approve the Contractor’s performing work on Saturdays, Sundays, or City-designated holidays, and such work, in the Engineer’s opinion, requires City inspection, the Contractor shall pay the City the amount of Four Hundred Dollars ($400.00) per eight (8) hour day or fraction thereof for each City inspector so assigned. Should

General Conditions July 2024 it be desired to perform regular and continuous night work, the lighting, safety and other facilities which are necessary for performing such work at night must be provided by the Contractor, at its own cost and expense.

ARTICLE G-13 NO WAIVER OF RIGHTS

No inspection, orders, measurements, or certificates made by the Engineer, nor any payment or acceptance in whole or in part, nor extension of time, nor taking of possession by the City, shall operate as a waiver of the conditions of this Contract, or of any right to damages herein provided for. No waiver of one breach of the Contract shall be construed as a waiver of another breach.

Should an error be discovered in the partial or final estimates, or conclusive proofs of defective work or materials used by the Contractor be discovered after the Final Payment has been made, the City reserves the right to claim and remove by process of law such sums as may be sufficient to correct the error or make good the defect in the Work and materials.

ARTICLE G-14 SEPARATE CONTRACTS

The City reserves the right to let other contractors do other work in connection with the Work.

The Contractor shall afford such other Contractors or the City reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly coordinate its work with theirs.

ARTICLE G-15 COORDINATION OF THE WORK

It shall be the responsibility of the Contractor to set the pace of the Work and coordinate the Work of any and all other contractors, Subcontractors, and private utilities working at the site.

The cost associated with those efforts shall be incorporated into the various Bid or Quote prices for the Contractor’s work.

This coordination shall include sufficient notifications of each of the other Contractors when they must be at the site to initiate portions of their work. These notifications should be logged by the Contractor in a construction log book.

Each contractor shall afford other contractors, Subcontractors and private and public utility companies reasonable opportunity for the introduction or storage of their materials and the execution of their work. Any contractor failing to do so shall be responsible for all damages or other costs associated with delays in work precipitated by such failure. If the City is performing work with the City employees, the Contractor shall provide reasonable opportunity to the City for the introduction and storage of materials and equipment and the execution of work. The Contractor shall properly connect and coordinate its work with the work of all other forces at the site.

If any part of a contractor’s work is preceded by the work of the City, utility companies or any other Contractor, it shall, prior to the initiation of its work, inspect such other work and report to the Engineer any defects which render it unsuitable as related to its work. Failure by any Contractor to make such inspection shall constitute its acceptance of the other work as fit and proper for the reception of its work; except as to hidden defects or defects which may develop in the other work at a later date.

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The Contractor shall do all cutting, fitting, and patching of its work that may be required to properly integrate it with work performed by other forces. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering such work, and shall only cut or alter such work with the consent of the entity whose work will be affected.

ARTICLE G-16 CONFERENCES AND CORRESPONDENCE

16.1 Pre-construction Conference

As soon as practical after the execution of the Contract occurs, a pre-construction conference will be scheduled to receive the Contractor’s proposed construction schedule; to verify or clarify procedures for handling Shop Drawings and other submittals, to explain the procedure for processing Contractor’s pay estimate forms; and to establish a general understanding among all persons who will be engaged in the construction activities. This conference shall be attended by responsible individuals, representing the City, the Contractor and the Contractor’s Subcontractors. The City will designate the time, date and place for this conference.

16.2 Correspondence to the Contractor

The business address given at the pre-construction conference shall be designated as the place where all notices, letters, and other communication shall be served, mailed to or delivered.

16.3 Correspondence to the City

The business address for correspondence to the City after the Notice to Proceed shall be determined at the pre-construction conference.

ARTICLE G-17 CONSTRUCTION MEANS AND METHODS

Unless otherwise expressly provided in the Contract, the means, methods, techniques, sequences and procedures of construction shall be as such as the Contractor may choose;

subject, however, to the City’s right to reject means and methods proposed by the Contractor which will not produce the finished Work in accordance with the terms of the Contract or does not meet the highest standards of workmanship of the industry. The City may also direct means or methods more stringent than those proposed by the Contractor in the interest of alleviating hazards of the Work to persons or to property.

The approval or lack of approval by the City of the Contractor’s means or methods of construction or the City’s failure to exercise the right to reject such means and methods, shall not relieve the Contractor of its obligation to accomplish the result intended by the Contract; nor shall the exercise of, or failure to exercise such right to reject, create a cause of action for damages.

The Contractor shall be responsible to the City for the acts and omissions of its employees, Subcontractors and their agents and employees, and other persons performing any of the Work under a Contract with the Contractor.

ARTICLE G-18 CONTRACTOR’S OBLIGATION TO PERFORM

The Contractor’s obligation to perform and complete the Work in accordance with the Contract shall be absolute. No payment, act or statement by the City or by an employee or agent of the

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City for the duration of the Contract shall constitute an acceptance of work not in accordance with the Contract, nor shall it constitute a release of the Contractor’s obligation to perform the Work in accordance with the Contract.

The Contractor agrees that work shall be prosecuted regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion within the time specified. It is expressly understood and agreed by and between the Contractor and the City that based upon the Contract Price, the time for the completion of the Work is a reasonable time for the completion of the same.

Should the Contractor cause damage to any other contractor on the Work, the Contractor agrees, upon due notice, to attempt to settle or otherwise resolve the claim with such Contractor.

If such other contractor sues the City on account of any damage alleged to have been so sustained, the City shall notify the Contractor, who shall defend such proceedings at its own expense, and if any judgment against the City arises there from, the Contractor shall pay or satisfy it and pay all costs incurred by the City.

ARTICLE G-19 RESPONSIBILITY OF THE CITY

19.1 Contractual Representative

The office of the Engineer and its designees will be the City’s sole representative during construction. In the event that the City has hired an engineering or architectural firm to provide construction-related services for this Project, the City will designate a representative during construction at the pre-construction conference.

19.2 Issuance of Change Orders and Field Orders

Through the issuance of Field Orders and Change Orders, the Engineer shall be the final City interpreter of the requirements of the Contract and the judge of the adequacy of the Work performed. The office of the Engineer will furnish, with reasonable promptness, such clarification, explanations or interpretations (Field Orders) of the Contract as are deemed necessary, which shall be consistent with the expressed or obvious intent of the Contract.

The office of the Engineer shall be the final judge as to the need for, the existence of, and the reasonableness of prices for extra work and deducted work.

No Field Orders or Change Orders can be issued by consultants hired by the City to provide construction-related services. These two forms can only be issued and/or executed by the authorized employees of the City.

19.3 Preparation of Additional Drawings

The City shall, if deemed necessary, furnish the Contractor further drawings as may be necessary to detail and illustrate the Work to be performed and the Contractor shall immediately conform its work to said drawings and said drawings shall become part of the Contract. Such drawings may also be issued as supplementary documents to either Field Orders or Change Orders.

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ARTICLE G-20 CITY’S RIGHT TO DO WORK

The City reserves the right to furnish, at any time, materials and labor and to execute work, in addition to the Work of the Contractor, as the City may desire. Further, the City reserves the right to furnish, at any time, such materials and labor, and to execute, with City forces, Work covered by this Contract at which time a Change Order deducting the Work may be prepared and properly executed.

ARTICLE G-21 CITY’S RIGHT TO STOP OR SUSPEND WORK

The City shall have the right to stop or suspend the whole or any part of the Work to be performed, when, in the opinion of the Engineer, the Contractor is not performing the Work in accordance with the provisions of the Contract. However, this right of the City to stop the Work will not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity.

If it becomes apparent to the City that the Work should be suspended due to weather conditions, the City shall have the right to suspend the Work in order to protect the integrity of the Work items being suspended. In the event this occurs, the City will issue a notice of suspension to the Contractor stating the reasons for the suspension and the date on which the Work shall be resumed. The Contractor shall resume the Work on the date so fixed and shall be granted an increase in the Field Order Completion Time equal to the number of days of the suspension.

ARTICLE G-22 MATERIAL AND EQUIPMENT DELIVERY

Shipments of material to be used by the Contractor in the Work shall be scheduled for delivery to the work site only during the regular working hours of the Contractor unless the Engineer approves delivery outside of the regular working hours of the Contractor. If a delivery must be made during other than the normal working hours of the Contractor, its authorized agent shall be on duty to receive such material. No employees or agent of the City shall be authorized or requested to receive shipments designated for the Contractor.

ARTICLE G-23 STORAGE OF MATERIALS

23.1 Proper Storage

All materials and equipment incorporated in the Work shall at all times subsequent to shipment from the production or warehouse facilities of suppliers, and prior to their installation in final locations designated, be stored in clean, dry storage facilities acceptable to the City. Adequate storage facilities shall be maintained by the Contractor for the duration of the Project. The Contractor shall bear sole responsibility for the security of all storage facilities, and shall provide ready access to the City during all periods that construction activities are in progress, as well as at other reasonable times. Materials that are improperly stored may be rejected by the City without testing. Materials shall be placed so that inspection may be made promptly.

23.2 Use of Premises

The Contractor shall confine its equipment, apparatus, the storage of materials, and the operation of its workers to the limits indicated by applicable Laws and the direction of the Engineer. The Contractor shall not unreasonably encumber the premises. The Contractor shall diligently guard and protect all work and materials.

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23.3 Use of Chemicals

All chemicals used during Project construction or furnished for Project operation, whether herbicide, pesticide, disinfectant, polymer, reactant, or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions.

ARTICLE G-24 QUALITY OF MATERIALS AND WORKMANSHIP

All materials and equipment furnished under this Contract shall be as specified or required and of a domestic origin or manufacture (unless otherwise specified). In the absence of a particular specification, materials and equipment shall be the best of their respective kinds, of a model or type currently being manufactured, of new stock, unused and not deteriorated. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

All Work contemplated and described shall be done in a good, substantial and workmanlike manner and shall be of the best quality.

ARTICLE G-25 SANITARY FACILITIES FOR CONSTRUCTION PERSONNEL

Temporary sanitary conveniences for use by all persons employed on the Work shall be supplied and maintained by the Contractor during the period of construction, at Contractor’s expense, in sufficient number, and in such places as required by the County Public Health Unit and shall be approved by the City. All persons connected with the Work shall be obliged to use them, and any employees found violating these provisions shall be discharged from performing Work pursuant to the Contract unless otherwise agreed to in writing by the City. All necessary precautions including the care of employees, shall at all times be satisfactory to the City.

ARTICLE G-26 SUBCONTRACTORS

26.1 Division of the Work for Contractors

Neither the divisions and sections of the Technical Specifications, nor the Bid or Quote, nor the organization and designations of the Plans shall control the Contractor in dividing the Work among Subcontractors, or delineating the Work to be performed by a specific trade.

26.2 Contractor’s Responsibility for Subcontractors

Contractors shall be fully responsible for all acts and omissions of their Subcontractors, and of persons and organizations directly or indirectly employed by them, and of persons and organizations for whose acts any of them may be liable to the same extent that the Contractor is responsible for the acts and omissions of persons directly employed by the Contractor. The Contractor is responsible for payment to Subcontractors pursuant to those terms and conditions of their respective agreements. When notified by the City in writing of an alleged payment deficiency of a Subcontractor, the Contractor shall respond in writing within seven (7) calendar days, with concurrence of non-payment to a Subcontractor, or the reason(s) why payment has not been rendered.

26.3 City’s Responsibility to Subcontractors and Material Suppliers

The City may furnish, at the City’s discretion, upon written request from any Subcontractor or

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When placed on notice, by a Subcontractor, of a Contractor’s failure to pay the Subcontractor for work performed and paid for by the City, the City shall give notice to the Contractor and the Surety, requesting a written explanation to include amounts paid to date.

26.4 Agreement with Subcontractors

By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by the Contract, assumes toward the City. Each subcontract agreement shall preserve and protect the rights of the City under the Contract with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract, has against the City. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract. Contractor shall require that Subcontractors similarly make copies of applicable portions of such subcontract documents available to their respective proposed sub-subcontractors.

ARTICLE G-27 SMALL BUSINESS ENTERPRISE PROGRAM

Unless otherwise prohibited, Contractor agrees to be subject to and shall comply with the requirements for designating a percentage of the Work for small business enterprises (as defined…