LCPA_General_Conditions_03-03-2026.pdf

PART A: GENERAL CONDITIONS

Lee County Port Authority

11000 Terminal Access Road

Fort Myers, Florida 33913

ARTICLE 1. GENERAL CONDITIONS 4

1.1. BASIC DEFINITIONS 4

1.2. EXECUTION, CORRELATION AND INTENT 5

1.3. OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6

1.4. CAPITALIZATION 6

1.5. INTERPRETATION 6

1.6. ORDER OF PRECEDENCE 6

1.7. STANDARD FORMS 7

ARTICLE 2. OWNER 9

2.1. INFORMATION AND SERVICES REQUIRED OF THE OWNER 9

2.2. OWNER’S RIGHT TO STOP OR SUSPEND THE WORK 10

2.3. OWNER’S RIGHT TO CARRY OUT THE WORK 10

ARTICLE 3. CONTRACTOR 11

3.1. REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 11

3.2. SUPERVISION AND CONSTRUCTION PROCEDURES 12

3.3. LABOR AND MATERIALS 13

3.4. WARRANTY 14

3.5. TAXES 14

3.6. PERMITS, FEES AND NOTICES 14

3.7. ALLOWANCES 15

3.8. SUPERINTENDENT 15

3.9. CONTRACTOR’S SCHEDULE 16

3.10. DOCUMENTS AND SAMPLES AT THE SITE 17

3.11. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 18

3.12. USE OF SITE 20

3.13. CUTTING AND PATCHING 20

3.14. CLEANING UP 21

3.15. ACCESS TO WORK 21

3.16. ROYALTIES AND PATENTS 21

3.17. INDEMNIFICATION 22

ARTICLE 4. ADMINISTRATION OF THE CONTRACT 22

4.1. ROLE OF THE ARCHITECT/ENGINEER (A/E) 22

4.2. ROLE OF THE CONSTRUCTION MANAGER (CM) 23

4.3. CLAIMS AND DISPUTES 24

4.4. RESOLUTION OF CLAIMS AND DISPUTES 26

4.5. RESOLUTION OF CLAIMS AND DISPUTES UP TO $100,000 27

4.6. RESOLUTION OF CLAIMS AND DISPUTES MORE THAN $100,000 27

ARTICLE 5. SUBCONTRACTORS 27

5.1. DEFINITIONS 27

5.2. AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 27

5.3. SUBCONTRACTUAL RELATIONS 29

5.4. CONTINGENT ASSIGNMENT OF SUBCONTRACTS 29

ARTICLE 6. CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 30

6.1. OWNER’S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO AWARD OTHER

CONTRACTS 30

6.2. MUTUAL RESPONSIBILITY 30

6.3. OWNER’S RIGHT TO CLEAN UP 31

6.4. MULTIPLE CONTRACTS WITH CONTRACTOR SETOFF 31

ARTICLE 7. CHANGES IN THE WORK 32

7.1. CHANGES 32

7.2. CONTRACT AMENDMENTS 34

7.3. FIELD DIRECTIVE 34

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7.4. MINOR CHANGES IN THE WORK 36

7.5. FORCE ACCOUNT WORK 36

ARTICLE 8. TIME 36

8.1. DEFINITIONS 36

8.2. PROGRESS AND COMPLETION 36

8.3. DELAYS AND EXTENSIONS OF TIME 36

8.4. NO DAMAGE FOR DELAY TO CONTRACTOR 38

ARTICLE 9. PAYMENTS AND COMPLETION 39

9.1. TOTAL CONTRACT PRICE 39

9.2. SCHEDULE OF VALUES 39

9.3. APPLICATIONS FOR PAYMENT 40

9.4. APPROVAL OF APPLICATIONS FOR PAYMENT 41

9.5. DECISIONS TO WITHHOLD CERTIFICATION 42

9.6. PROGRESS PAYMENTS AND RETAINAGE 43

9.7. CONTINUED PERFORMANCE PENDING PAYMENT 44

9.8. PARTIAL ACCEPTANCE AND OCCUPANCY/USE 44

9.9. SUBSTANTIAL COMPLETION 45

9.10. FINAL COMPLETION AND FINAL PAYMENT 46

9.11. OWNER’S AUDIT RIGHTS 48

ARTICLE 10. PROTECTION OF PERSONS AND PROPERTY 49

10.1. SAFETY PRECAUTIONS AND PROGRAMS 49

10.2. SAFETY OF PERSONS AND PROPERTY 49

10.3. HAZARDOUS MATERIALS 51

10.4. EMERGENCIES 51

ARTICLE 11. INSURANCE 51

11.1. INSURANCE REQUIREMENTS 51

11.2. PERFORMANCE AND PAYMENT BONDS 53

ARTICLE 12. UNCOVERING AND CORRECTION OF WORK 54

12.1. UNCOVERING OF WORK 54

12.2. CORRECTION OF WORK 54

12.3. ACCEPTANCE OF NONCONFORMING WORK 55

ARTICLE 13. MISCELLANEOUS PROVISIONS 55

13.1. GOVERNING LAW 55

13.2. SUCCESSORS AND ASSIGNS 55

13.3. WRITTEN NOTICE 55

13.4. RIGHTS AND REMEDIES 56

13.5. INTEREST 56

13.6. TESTS AND INSPECTIONS 56

13.7. PLANT INSPECTION 56

13.8. MAINTENANCE MEETINGS 57

13.9. RANDOM DRUG TESTING 57

ARTICLE 14. TERMINATION OR SUSPENSION OF THE CONTRACT 57

14.1. TERMINATION BY THE CONTRACTOR 57

14.2. TERMINATION BY THE OWNER FOR CAUSE 58

14.3. SUSPENSION OR TERMINATION BY THE OWNER FOR CONVENIENCE 60

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ARTICLE 1. GENERAL CONDITIONS

1.1. BASIC DEFINITIONS

1.1.1. THE CONTRACT DOCUMENTS

The Contract Documents consist of the Agreement between Owner and Contractor, The Request for Bids, Conditions of the Contract (General, Special and other Conditions), the Project Information Sheet, Drawings, Specifications, CSPP (Construction Safety Phasing Plan), Addenda, bond and insurance documentation, the Contractor’s Bid, Contract Amendments and Field Directives. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of Addenda relating to bidding requirements).

1.1.2. THE CONTRACT

The Contract Documents form the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Contract Amendment. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect/Engineer (A/E) and Contractor, (2) between the Construction Manager (CM) and Contractor, (3) between the A/E and CM, (4) between the Owner and a Subcontractor or Sub-subcontractor, or (5) between any persons or entities other than the Owner and Contractor.

1.1.3. CONTRACT AMENDMENTS

A Contract Amendment is a written modification to the Contract signed by both parties.

1.1.4. THE WORK

The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.

1.1.5. THE PROJECT

The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other contractors and by the Owner’s own forces including persons or entities under separate contracts not administered by the CM.

1.1.6. THE DRAWINGS

The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

Rev: 03.03.26 Page 4 of 62

1.1.7. THE SPECIFICATIONS

The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services.

1.1.8. OWNER

The Owner is the "Lee County Port Authority Board of Port Commissioners," and has also been referred to in the Contract Documents as "Lee County Port Authority," or "Port Authority."

1.1.9. CONTRACTOR

The Contractor is the person, authorized representative, or entity with whom the Owner has contracted and who is liable for the acceptable performance of the Work contracted and for the payment of all debts pertaining to the Work, who acts directly or through lawful agents or employees to complete the Work.

1.1.10. ARCHITECT/ENGINEER (A/E)

The Architect/Engineer (“A/E”) is the person, authorized representative or entity, singular or plural, to provide the architectural or engineering services relevant to the Project as the architect/engineer of record. The term “A/E” may refer to one or several parties or any of their authorized representatives. The A/E is referred to throughout the Contract Documents as if singular in number.

1.1.11. CONSTRUCTION MANAGER (CM)

The CM is the person, authorized representative or entity identified by the Owner as such, under contract with the Owner, and responsible for administering and inspecting the Work as set forth in the Contract, as well as coordinating the Work with the work of other contractors at the Project. CM is also responsible for the Construction Engineering & Inspection (CEI) for this project.

1.1.12. CONSTRUCTION ENGINEERING & INSPECTION (CEI)

The Construction Engineering and Inspection (“CEI”) is the person, authorized representative or entity, singular or plural, engaged by the Owner to provide contract administration, inspection, and materials sampling and testing for the project. The term “CEI” may refer to one or several parties or any of their authorized representatives. The CEI is referred to throughout the Contract Documents as if singular in number.

1.2. EXECUTION, CORRELATION AND INTENT

1.2.1. The Contract Documents shall be signed by the Owner and Contractor as provided in the Contract. The Contractor shall sign the Contract Documents, and return the signed Contract Documents to the Owner, along with all required proofs of insurance, performance and payment bonds, and Bidders List Data within fifteen (15) days from the date the Contract Documents are delivered to the Contractor.

1.2.2. Failure of the Contractor to execute the Contract or furnish the required proofs of insurance and acceptable bonds within the fifteen (15) day period shall be just cause for cancellation of

Rev: 03.03.26 Page 5 of 62 the award of the Contract and forfeiture of the bid guaranty, not as a penalty, but as liquidation of damages to the Owner.

1.2.3. Submission of a Bid by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.

1.2.4. The Owner reserves the right to cancel the award of the Contract without incurring liability to any bidder (except Owner’s return of Bid Bond if appropriate) at any time before a contract has been fully executed by all parties, is approved by the Owner and an executed copy of the Contract is delivered to the bidder.

1.2.5. The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complimentary, and what is required by one portion or section shall be as binding as if required by all. All minor details of work that are not shown in the Contract Documents, but that are reasonably inferable as necessary for the proper completion of the Work, are incidental matters and are included within the Work. The Contractor shall not receive any additional compensation for performing any such incidental matters. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade.

1.3. OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS

1.3.1. All Drawings, Specifications and other documents prepared by the A/E are and shall remain the property of the Owner, and the Owner shall retain all common law, statutory and other reserved rights with respect thereto. They shall not be used on any other project without the prior written consent of the Owner, and the Contractor shall take such action as may be necessary to prevent their use on any other project or for additions to the Project outside the scope of the Work by any subcontractor or material and equipment Supplier. The Contractor, subcontractors, and material and equipment Suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the A/E appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the A/E.

Submittals or distributions necessary to meet official regulatory requirements or for other purposes relating to completion of the Project are not to be construed as a publication in derogation of the Owner's copyright or other reserved rights.

1.4. CAPITALIZATION

1.4.1. Terms capitalized in these General Conditions include those which are: (1) specifically defined, (2) the titles of numbered articles and identified references to Articles, Subparagraphs and Clauses in the document and (3) the titles of other referenced documents.

1.5. INTERPRETATION

1.5.1. In the interest of brevity, the Contract Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is

Rev: 03.03.26 Page 6 of 62 absent from one statement and appears in another is not intended to affect the interpretation of either statement.

1.5.2. Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

1.6. ORDER OF PRECEDENCE

1.6.1. Order. If there is an irreconcilable, direct conflict between Contract Documents, the order of precedence for the Contract documents shall be as follows:

.1 Contract Amendments

.2 Addenda

.3 The Contract between Owner and Contractor

.4 Special Conditions

.5 General Conditions

.6 Drawings and Specifications:

A. Drawings take precedence over Specifications as to quantity and location.

Specifications take precedence over Drawings as to quality of materials and workmanship.

B. If there is a discrepancy between the measured dimensions and the written dimensions on a Drawing, the written dimensions shall take precedence.

C. Detail Drawings shall take precedence over related general Drawings. Where a portion of the Work is detailed or drawn out, such portion shall apply to all like portions of the Work.

D. Large-scale drawings of small-scale drawings take precedence over the small-scale drawing.

.7 Unit Price Schedules contained in the Contractor's Bid.

.8 Instructions to Bidders and all portions thereof containing information required from the Contractor.

.9 Invitation to Bid.

.10 Measurements by scale.

1.6.2. Most Stringent Apply. In the event any conflicts cannot be resolved by applying the order of precedence, the more stringent and comprehensive requirements shall apply.

1.6.3. Apparent Errors and Omissions. The Contractor shall not take advantage of any apparent error or omission on the Drawings, Plans or Specifications. In the event the Contractor discovers any apparent error or discrepancy, prior to proceeding with the affected work, it immediately shall call upon the CM, who will, after consultation with the A/E, notify the

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Contractor of the A/E's interpretation and decision and such decision shall be final. The Contractor shall carry out such instructions as if originally specified.

1.7. STANDARD FORMS

1.7.1. The following forms shall be utilized in the execution of the Work and will be provided by the CM at the Preconstruction Meeting. Project forms may be modified at the discretion of the

CM.

.1 Request for Information (RFI): A RFI shall be utilized in the field to present any questions or clarifications requested by the Contractor. The CM shall, upon receipt, forward the RFI to the appropriate source who will respond to the RFI in writing. The CM shall provide the Contractor with a copy of the written response to the RFI with reasonable promptness to avoid or minimize delay in the progress of the Work.

.2 Request For Contract Amendment (RCA): A RCA shall be utilized by the Contractor to formally present any request for monetary, time, or contractual adjustment. The RCA shall provide justification for entitlement to the change and shall be substantiated.

.3 Notice of Variation (NOV): A NOV shall be used to indicate proposed modifications to the drawings or specifications. Upon receipt of an NOV, the Contractor shall submit a detailed breakdown of costs (adds or deducts) to the CM. The result of the information provided in the NOV may or may not result in a change to the project.

The Contractor must respond to NOV within ten (10) days. Lack of responding by the Contractor may result in the issuance of a NNC and/or withholding of payment by the Owner.

.4 Contract Amendment (CA): A CA shall be utilized to formalize modifications to the Contract that are agreed to by the Owner and Contractor.

.5 Field Directive (FD): A FD shall be utilized in the absence of an agreement on a CA to express a written order by the Owner directing a change in the work, or to expedite a change in work that is time and/or schedule sensitive.

.6 Notice of Noncompliance (NNC): A NNC shall be utilized by the CM to communicate in writing to the Contractor either a deficiency in the Work or other action required of the Contractor. The Contractor shall provide a written response to the CM within seven (7) days. The Owner may withhold payment from Contractor for those items in noncompliance until corrective action is completed.

.7 Application and Certificate of Payment: The standard form for Contractor Application for Payment shall be utilized unless otherwise authorized in writing from the CM. The Owner will provide additional payment certificate forms as necessary.

.8 Contractor’s Partial Release of Lien: The Contractor shall be required to utilize this standard form to provide a Release of Lien with each Application for Payment. The Owner may withhold payment, or the CM may delay processing the application for payment, until the signed and notarized form is provided.

.9 Subcontractor’s Partial Release of Lien: The Contractor shall be required to provide to his subcontractors this standard form, and include completed forms from

Rev: 03.03.26 Page 8 of 62 each subcontractor with each Application for Payment. The Owner may withhold payment, or the CM may delay processing the application for payment, until the signed and notarized form is provided.

.10 Contractor Warranty: The Contractor Warranty will be provided as part of the final close-out of the project and is a general warranty for all workmanship and materials.

This Warranty does not preclude requirements for any other special warranties that may be required by the Special Conditions or Technical Specifications for the Project.

The Owner may withhold final payment until the Warranty is provided.

.11 Final Payment Certification and Subcontractor’s Final Release of Lien: This standard form is provided as part of the final close-out of the project.

.12 Final Payment Certification, final consent of surety, and Contractor’s Final Release of Lien: These standard forms are provided as part of the final close-out of the project.

ARTICLE 2. OWNER

2.1. INFORMATION AND SERVICES REQUIRED OF THE OWNER

2.1.1. The Owner shall furnish to the Contractor at the pre-construction conference the name of the person or firm who shall be the CM for the purpose of all communications required between the Owner and Contractor.

2.1.2. The Owner shall not be responsible for furnishing surveys or other information as to the physical characteristics of or utility locations for the Project site. To the extent that Owner provides such information, it is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the Work. IT IS

THE CONTRACTOR’S RESPONSIBILITY TO FIELD LOCATE ALL UNSEEN

ASPECTS OF THE PROJECT, INCLUDING, BUT NOT LIMITED TO, UNDERGROUND

UTILITY LINES, FAA CABLES, EXTERIOR/INTERIOR SPRINKLER LINES,

EXTERIOR/INTERIOR PHONES/UTILITY LINES, EXISTING UNDERGROUND

STRUCTURES, (COLLECTIVELY REFERRED TO AS

"UTILITIES") PRIOR TO BEGINNING WORK. Any inaccuracy or omission in information contained on the Drawings, Plans or Specifications regarding utilities shall not relieve the Contractor of responsibility to protect such utilities from damage or unscheduled interruption of utility service. The Contractor is responsible for assuring no interruption of utility service occurs by taking whatever actions and incurring whatever costs are necessary. ANY

INTERRUPTION IN UTILITY SERVICE SHALL BE IMMEDIATELY CORRECTED BY

THE CONTRACTOR AT NO COST TO THE OWNER. IF SUCH INTERRUPTION IS

NOT IMMEDIATELY CORRECTED BY THE CONTRACTOR, THE OWNER WILL

PERFORM THE NECESSARY REPAIRS AND THE CONTRACTOR OR SURETY WILL

PAY FOR ALL COSTS RELATED TO THESE REPAIRS. THE CONTRACTOR IS

RESPONSIBLE FOR ALL TEMPORARY COSTS AND SERVICES DEEMED

NECESSARY BY THE CM IF SERVICES ARE INTERRUPTED.

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2.1.3. Except for the results of test borings, logs, investigations, records or information at a specific location, the Owner disclaims all responsibility whatsoever with respect to the sufficiency or accuracy of test borings made, or of the logs of test borings, or of other investigations or records of subsurface conditions (including, but not limited to, underground utility locations, or of the interpretations made thereof), and there is no warranty or guaranty, expressed or implied, that the conditions indicated by such test borings, logs, investigations, records, or information are representative of conditions existing throughout the Work site, or any part thereof, or that unforeseen developments may not occur. At the Owner's request, the Contractor shall make available to the Owner the results of any surface or subsurface investigations of the site, test borings, analyses, studies or other tests conducted by or in possession of the Contractor or any of its agents.

2.1.4. The Owner shall secure and pay for any easements, impact fees and water connection fees associated with the Work. The Contractor shall secure and pay for those permits, fees and notices set forth in this Agreement.

2.1.5. In addition to the permit sets, the Contractor shall be furnished, free of charge, one (1) copy of the Contract Documents, along with an electronic pdf version, which shall be obtained from the CM. Additional copies of such documents may be obtained at the Contractor's expense.

2.2. OWNER’S RIGHT TO STOP OR SUSPEND THE WORK

2.2.1. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or fails to carry out Work in accordance with the Contract Documents within seven (7) days from the date of the Owner’s or CM’s written notice to the Contractor describing such failure, the Owner or CM may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of the Owner to stop or suspend the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. This right shall be in addition to, and not in restriction of, the Owner’s rights under other paragraphs.

2.2.2. The Owner shall have the authority to suspend the Work, in whole or in part, for such period of time as it may deem necessary, due to unsuitable weather, or any other circumstances which, in the Owner's discretion, requires a suspension of the Work. An order by the Owner to suspend the Work shall be in writing except in cases of bona fide emergencies.

2.2.3. In the event the Work is suspended for reasons beyond the Contractor's control or for unforeseen circumstances not otherwise provided for in the Contract Documents which could not have reasonably been anticipated or avoided by the Contractor, the Contractor shall be granted an appropriate extension of Contract Time for the period of suspension, which shall not exceed the day-for-day period of suspension, and an equitable adjustment to the Total Contract Price for the increased costs of maintaining and securing the Project during the suspension period. In such an event, the Contractor shall not be entitled to compensation for home office overhead during the period of suspension. The Contractor shall not be entitled to receive any increase in the Contract Time or the Total Contract Price for suspensions imposed by the Owner or for suspensions which are either: (1) made at the request of the Contractor for its own convenience; (2) attributable to circumstances caused by the Contractor or those for which the Contractor is responsible; (3) attributable to circumstances which reasonably could have been anticipated or avoided by the Contractor; (4) attributable

Rev: 03.03.26 Page 10 of 62 to inclement weather conditions usually experienced at the project site during the relevant time period; or (5) attributable to circumstances otherwise anticipated in the Contract Documents.

2.3. OWNER’S RIGHT TO CARRY OUT THE WORK

2.3.1. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, commence and continue to carry out the Work or any portion thereof. In such case, an appropriate CA or FD shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the CM's and A/E's additional services and expenses made necessary by such default, neglect or failure and all damages, costs, expenses or losses caused by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts owed to the Owner, the Contractor or Surety shall pay the difference to the Owner. The right of the Owner to carry out the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.

ARTICLE 3. CONTRACTOR

3.1. REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR

3.1.1. The Contractor acknowledges and declares that the Contract Documents are sufficient to enable the Contractor to complete the Work as shown in the Contract Documents, or if not specifically shown, to perform the activities which may be reasonably inferred as necessary for completion of the Work in accordance with the requisite time frame, applicable laws, statutes, building codes, regulations or as otherwise required by the Contract Documents. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents. The Contractor shall carefully study and compare the Contract Documents with each other and with all other information furnished or made available by the Owner and shall at once report to the CM any errors, inconsistencies or omissions discovered. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the CM, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction.

3.1.2. The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported in writing to the CM at once. The contractor will not be entitled to take advantage of apparent errors in the Contract Documents.

3.1.3. The Contractor represents that it is familiar with the Project site and has received all information it needs concerning the conditions of the Project site. The Contractor represents that it has inspected the location of the Work and has satisfied itself as to the location and condition thereof, including, without limitation, the location and condition of all structures, utilities, and surface and subsurface conditions. At no additional cost to the Owner, the

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Contractor shall undertake all further investigations and studies as may be necessary or useful to determine the location and condition of structures, utilities, surface and subsurface conditions. Based upon the foregoing inspections, understandings, agreements and acknowledgments, the Contractor agrees and acknowledges:

1. That the Contract Price is just and reasonable compensation for all the Work, including all reasonably foreseen and foreseeable risks, hazards, and difficulties in connection therewith;

2. That the Contract Time is adequate for the performance of the Work; and

3. That the Work shall not result in any unintended lateral or vertical movement of any existing structure. The Contractor shall have no claims for surface or subsurface conditions except as described herein. The Contractor shall exercise special care in executing Work in proximity of known utilities, improvements, and easements.

3.2. SUPERVISION AND CONSTRUCTION PROCEDURES

3.2.1. The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, including coordination of the duties of subcontractors, Suppliers and all trades, unless the Contract Documents give other specific instructions concerning these matters. If the Contractor is successful in more than one bid with the Owner and is awarded more than one project, a separate superintendent shall be required for each project.

3.2.2. The Contractor shall be responsible for the acts and omissions of its employees and all its Subcontractors and their agents and employees and other persons performing any of the Work under a contract with the Contractor. The CM reserves the right, but does not assume any obligation, to remove or cause to be removed from the project any employee of the Contractor or its subcontractors, whenever it deems in its sole discretion that such action is in the best interest of the Project. Such removal of undesirable personnel will in no way change or reduce the obligations of the Contractor. Contractor is to employ workers who at all times work in harmony with those employed by CM and Owner's separate contractors on the Project. Should the Contractor fail to remove such person or persons or fail to furnish suitable and sufficient personnel for proper prosecution of the Work, the CM may suspend the Work by written notice until compliance with such directives of the CM are achieved.

3.2.3. The Contractor shall control its operations and those of its Subcontractors and Suppliers to assure the least inconvenience to the traveling public. Under all circumstances, safety should be the most important consideration.

3.2.4. The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the CM or A/E in their administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor.

3.2.5. The Contractor shall be responsible for inspection or examination of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. The Contractor shall keep full detailed written records of all

Rev: 03.03.26 Page 12 of 62 inspection or examination efforts. These written records shall include dates, subject matter, persons present, results of inspections or examination and shall be made available to the CM if requested.

3.2.6. If any of the Work is required to be inspected or approved, the Contractor shall cause such inspection or approval to be performed. No test, inspection or examination performed or failed to be performed by the Owner, shall be a waiver of the enforcement of any of the Contractor’s obligations.

3.2.7. The Contractor is fully responsible to provide a sufficient number of skilled workers, supervision, and project management personnel, to prosecute the Work and insure that the Work is completed within the Contract Time. Failure to fully staff the Project with skilled workers, supervision or project management personnel may be cause for termination of the Contract or such other remedies as set forth in the Contract Documents. The Contractor assumes all risks of delays or extra costs which may be associated with labor disputes involving the Contractor, its subcontractors or suppliers and in no event shall the Contractor be entitled to additional compensation or an extension of Contract Time due to any such labor disputes.

3.2.8. When an event of an unusual and significant nature occurs at the site, including but not limited to emergencies, the Contractor shall prepare and submit a special report to the CM fully describing the event including but not limited to, persons participating, response by the Contractor's personnel, an evaluation of the results or effects and similar pertinent information. The Contractor shall advise the Owner and CM as soon as possible when such events are known. The Contractor shall submit special reports directly to the Owner within one day of the occurrence and shall submit a copy of the report to the CM and other entities that are affected by the occurrence within one day of the occurrence.

3.2.9. The Contractor shall be responsible for providing the subcontractors with copies of the entire set of project Drawings and Specifications in order for the subcontractors to perform the Work. The Contractor shall also be responsible for providing the subcontractors with coordination drawings of all related disciplines so that subcontractors may properly coordinate and prepare shop drawings and perform the Work.

3.2.10. The Owner reserves the right to contract for and perform other or additional work on or near the Work covered by the Contract. When separate contracts are let within the limits of any one project, Contractor shall conduct its work so as not to interfere with or hinder the progress of completion of the work being performed by other contractors. Contractors working on the same or adjacent projects shall cooperate with each other as directed.

3.3. LABOR AND MATERIALS

3.3.1. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

3.3.2. The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

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3.3.3. All construction personnel shall be restricted to construction areas. They shall wear shirts with sleeves, long pants, and hard soled footwear and otherwise be in compliance with OSHA requirements at all times. When walking from the Contractor's parking lot to the job site, existing walkways and crossing shall be used. The Contractor shall not use vehicle traffic lanes as walkways. The Contractor's workers shall not utilize public areas for taking their "work breaks" or "lunch breaks." Areas for this purpose can be designated by the CM upon request. No public toilets shall be used by any workers at any time. The Contractor's personnel shall not use restaurants, lounges or other concession areas within the airport except as expressly approved by the CM.

3.3.4. All equipment which is proposed to be used on the Work shall be of sufficient size and in such mechanical condition as to meet requirements of the Work and to produce a satisfactory quality of work. Equipment used on any portion of the Work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use.

3.3.5. For federally funded projects, refer to the Airport Improvement Program (AIP) – Contract Provisions included in the Technical Specifications document for requirements concerning payroll records and reporting requirements.

3.4. WARRANTY

3.4.1. The Contractor warrants to the Owner, CM and A/E that materials and equipment furnished under the Contract will be of good quality and NEW unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized by the Owner, shall be considered defective. If required by the Owner or CM, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment provided in the Work. Contractor shall obtain and assign to the Owner all required express warranties given to Contractor or any subcontractors by those supplying material, equipment or fixtures that are to be incorporated into the Project. If any special warranties are required by the technical specifications, the Contractor shall cosign them. The Contractor agrees that all items furnished under this Contract shall be warranted for a period of one (1) year from the date of written Substantial Completion, unless otherwise specified in the Contract. Refer to Article

9.8. for warranty start and duration relating to Partial Acceptance.

3.5. TAXES

3.5.1. The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which is legally enacted when bids are received, whether or not yet effective or merely scheduled to go into effect.

3.6. PERMITS, FEES AND NOTICES

3.6.1. The Contractor shall secure and pay for the building permit and other permits and governmental fees for licenses and inspections necessary for proper execution and completion of the Work which are required for performance of the Work, including but not limited to, any applicable building, engineering, utility, dewatering, National Pollution Discharge Elimination System (NPDES) stormwater management or other construction permits required to complete the Work. The Contractor shall procure all certificates for

Rev: 03.03.26 Page 14 of 62 inspection, use, occupancy, permits and licenses, and give all notices necessary and incidental to the due and lawful prosecution of the Work. The Contractor shall be responsible for coordinating and scheduling all such permitting agencies’ tests and inspections. Certificates of inspection, use and occupancy, if applicable, shall be delivered to the Owner by the Contractor upon completion of the Work in sufficient time for occupancy of the Project in accordance with the schedule for the Work. The costs of such permits, licenses, procurements, tests and inspections are included within the Total Contract Price. Refer also to the Instructions to Bidders section for additional information on permits and fees.

3.6.2. All building, structural, electrical, plumbing and mechanical work items shall be installed in accordance with the latest edition of the regulations of applicable local, state, county and other codes, including the utilities company unless otherwise specified in the Contract Documents. The Contractor shall be responsible for and shall pay for all required licenses, fees and inspections.

3.6.3. In the event of a conflict between permits, drawings, or specifications the Contractor shall immediately bring it to the attention of the CM for a determination. The Contractor is responsible for all actions necessary to comply with the most stringent requirement.

3.6.4. It is the Contractor's responsibility to contact the applicable utility company (or companies) to determine if any fees, charges or costs will be due the utility company for temporary power, installations or hookups. This fee, charge or cost shall be included in the Total Contract Price.

3.6.5. It shall be the obligation of the Contractor to review the Contract Documents to determine and to notify the Owner, A/E and CM of any discrepancy between building codes and regulations of which the Contractor has or should have knowledge or should be reasonably able to determine. The Contractor shall not violate any zoning or setback requirement of laws, codes or ordinances, or of any recorded covenants of which the Contractor has knowledge. If the Contractor observes that portions of the Contract Documents are at variance with laws, statutes, ordinances, building codes, rules or regulations, the Contractor shall promptly notify the CM in writing, and necessary changes shall be accomplished by appropriate Contract Modification after approval by the Owner.

3.6.6. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the CM, the Contractor shall assume full responsibility for such Work and shall bear costs associated with the Work.

3.7. ALLOWANCES

3.7.1. The Contractor shall include in the Total Contract Price all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection.

3.7.2. Unless otherwise provided in the Contract Documents:

.1 Materials and equipment under an allowance shall be selected by the Owner within time frames required by the current accepted schedule;

.2 Allowances shall cover the cost to the Contractor of installation, materials and equipment delivered at the site and all required taxes, less applicable trade discounts;

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.3 Contractor’s costs for unloading and handling at the site, labor, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Total Contract Price and not in the allowances; and

.4 Whenever costs are more than or less than allowances, the Total Contract Price shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect the difference between actual costs and the allowances supported by appropriate substantiating data that demonstrate the actual cost.

3.8. SUPERINTENDENT

3.8.1. The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The Contractor’s superintendent must have a minimum of five (5) years previous successful experience on projects of comparable sizes and complexity. The superintendent shall be present at all times that work is being performed, installed or affected. The Owner or CM on behalf of the Owner may request replacement of a superintendent for any cause and an acceptable replacement must be on the Project within seven (7) days of removal of the former superintendent. The superintendent shall be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor.

3.8.2. The Contractor’s superintendent shall attend any and all meetings as required by the CM, which may include meetings with the Contractor individually and also coordination meetings with the Contractor, the Owner's separate Contractors, the Owner, A/E and others as appropriate.

3.9. CONTRACTOR’S SCHEDULE

3.9.1. Format. Contractor will utilize an industry recognized construction scheduling computer software for planning and recording the Project schedule. This software will be used for coordination, monitoring, and verification of payment of all work under the Contract including all activities of the Contractor and its subcontractors, vendors, and material suppliers

3.9.2. Preliminary Schedule. The Contractor shall submit to the Owner, A/E, and CM a Preliminary Schedule (in PDF and original scheduling software as Microsoft Project or P6) at the preconstruction meeting. The Preliminary Schedule shall be in calendar days based on how the Contractor intends to work, in a bar chart format covering all major items of the Work including construction activities, milestone dates, submittal dates and procurement of materials and equipment. The Preliminary Schedule shall be cost loaded to coincide with the schedule of values. The Preliminary Schedule shall identify approximate start and finish dates, the sequence in which the Contractor proposes to carry out the Work, predecessors and successors for each activity, and float. The Preliminary Schedule will be based upon the Contract Time specified in the Contract Documents. Upon receipt by the Contractor of the Notice to Proceed and until the Baseline Schedule is accepted by the CM, the Contractor shall proceed with the Work in accordance with the Preliminary Schedule.

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3.9.3. Baseline Schedule. Within ten (10) days of the issuance of the Notice to Proceed, the

Contractor shall submit to the CM, both in PDF and original scheduling software formats, a proposed Baseline Schedule which shall be in the format of a critical path method (CPM) precedence diagram (in both a bar chart and graphic network formats) covering all major items of Work. The Baseline Schedule will identify approximate start and finish dates, critical path tasks, the sequence in which the Contractor proposes to carry out the Work, predecessors and successors for each activity, and float. The CM will review the proposed Baseline Schedule and present the Contractor with any comments regarding the logic, sequence, durations of work activities, or level of detail of the number, description, or division of the Work activities at a baseline network review meeting. The Contractor shall resubmit the proposed Baseline Schedule for review within ten (10) days of the baseline review meeting.

Upon the CM’s acceptance of the Baseline Schedule, the Contractor shall proceed with the work in accordance with the accepted Baseline Schedule. The CM's acceptance of the Baseline Schedule shall not impose on the Owner any responsibility to the Contractor for the accuracy or reasonableness of the Baseline Schedule nor shall the review and acceptance relieve the Contractor from full responsibility to complete the Work in accordance with the Contract Documents. Upon acceptance by the CM, the Baseline Schedule shall be the basis for evaluation of all time related issues, unless and until a Progress Schedule is accepted which supersedes the Baseline Schedule logic, sequence, durations of work activities, or level of detail of the number, description, or division of the work activities. The Owner shall have no obligation to process or issue payment for an Application for Payment until the Contractor submits an accepted Baseline Schedule.

3.9.4. Progress Schedules. Each month the Contractor shall submit a Progress Schedule to update the progress of the Work. Progress Schedules must be submitted in PDF and original scheduling software formats with each Contractor's Application for Payment and the data contained in the Progress Schedule must accurately correspond to the progress of the Work information contained in the Contractor’s Application for Payment. The Contractor's Progress Schedule must accurately reflect the actual progress of the Work as well as any revisions to the logic, sequence, durations of work activities, or level of detail of the number, description, or division of the work activities. The schedule columns shall be formatted to include activity description, number of days, number of days remaining, percent complete, early start, early finish, float, predecessors and successors. Submission of the updated Progress Schedule to the CM is a condition precedent to payment. The Owner may refuse to process or issue payment for an Application for Payment without the Contractor's submission of a current, accurate, and updated Progress Schedule that is satisfactory to the CM. The Contractor’s failure to submit such an updated Progress Schedule with an Application for Payment to the CM shall result in a waiver by Contractor of all claims for the time extensions for the time period covered by the Application for Payment.

3.9.5. If the Contractor's Progress Schedule reflects that the completion of the contract or a Contract milestone date is not within the Contract Time, then the Contractor must submit with the Progress Schedule the Contractor's proposed recovery plan for completing the Work within the Contract Time. In the event the Contractor claims entitlement to a time extension which is disputed by the Owner and CM, the Contractor's recovery plan shall not be based upon receiving disputed time extensions.

3.9.6. The Contractor shall fully comply with all time and other requirements of the Contract Documents. The Owner's approval and payment of an Application for Payment, without the submission of a current, accurate Baseline or Progress Schedule, shall not constitute a waiver

Rev: 03.03.26 Page 17 of 62 of either the requirement for such updates or the Owner's right to withhold payment, and the Contractor shall not be relieved from the obligation to complete the Work within the Contract Time.

3.10. DOCUMENTS AND SAMPLES AT THE SITE

3.10.1. The Contractor shall maintain at the site As-Built Documents comprised of one copy of the Drawings, Specifications, Addenda, Contract Amendments, Field Directives and other Modifications, in good order and marked currently to accurately reflect all as-built conditions, including, but not limited to, all locations of utilities as actually installed, all changes to the Work, and approved Shop Drawings, Product Data, Samples and similar required submittals. These As-Built Documents shall be available to the Owner and CM at all times.