SUPPLEMENTARY

CONDITIONS

WMI FY2025 SOUTH OF MHS 00800-1 SUPPLEMENTARY CONDITIONS

NOVEMBER 2024

SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect.

The terms used in these Supplemental Conditions will have the meanings indicated in the General Conditions. Additional terms used in these Supplemental Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof.

The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions with the prefix changed to “SC”.

ARTICLE 1 DEFINITIONS AND TERMINOLOGY

Add the following new paragraph immediately after paragraph 1.01.51:

SC-1.01.52 SURETY - The person, firm, or corporation which is bound by the contract bonds with and for Contractor (Principal); and which is held and firmly bound unto Owner for the conditions of obligations set forth in said bonds.

ARTICLE 2 PRELIMINARY MATTERS

Delete paragraph 2.01.B in its entirety and insert the following in its place:

SC-2.01.B Before any Work at the Site is started, Contractor shall deliver to the Owner, certificates of insurance that Contractor is required to purchase and maintain in accordance with Article 5.

SC-2.01 Add the following new paragraph immediately after Paragraph GC-2.01.B:

SC-2.01C Additional Insureds include the respective officers, partners, directors, employees, agents, consultants, and subconsultants of the following firms and municipal government(s):

a) City of Bradenton (Owner/Engineer)

SC-2.02.A Amend the first sentence of paragraph 2.02.A of the General Conditions by changing “up to ten” to “five”.

WMI FY2025 SOUTH OF MHS 00800-2 SUPPLEMENTARY CONDITIONS

SC 2.03.A Amend the third sentence of paragraph 2.03.A of the General Conditions by changing “sixtieth” to “one hundred twentieth”.

Add the following new paragraph immediately after paragraph 2.03.A:

SC-2.03.B Owner may issue Notice to Proceed at the Preconstruction Conference. Contractor shall begin the Work within twenty-four (24) hours of the date given in the Notice to Proceed. If Contractor does not start the Work within ten (10) days after this date, Owner may, at his discretion, terminate Contractor in accordance with paragraph 15.02.

SC-2.05.A Amend the first sentence of paragraph 2.05.A of the General Conditions by changing “Within ten days after the Effective date of the Agreement” to “At the Preconstruction Conference”.

SC-2.06.A Amend the first sentence of paragraph 2.06.A of the General Conditions by changing “Before any Work at the Site is started” to “Within twenty days after the Owner signs the Agreement.”

ARTICLE 3 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

Delete paragraph 3.03.B in its entirety and insert the following in its place:

SC-3.03.B Notwithstanding the provisions of paragraph 3.03A, where conflict, error, ambiguity, or discrepancy exists within or between the Contract Documents, the more stringent requirements apply; otherwise the order of precedence (from highest to lowest) of the Contract Documents shall be as follows:

a) Change Orders and Field Orders, with the most recently issued instrument having precedence;

b) Addendums with the most recently issued instrument having precedence;

c) Bidding Requirements;

d) These Supplementary Conditions;

e) The General Conditions;

f) Technical Specifications;

g) Drawings;

h) The provisions of any standard, specification, manual, code, or instruction

(whether or not specifically incorporated by reference in the Contract Documents);

i) The provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

WMI FY2025 SOUTH OF MHS 00800-3 SUPPLEMENTARY CONDITIONS

Figure dimensions in Drawings shall take precedence over scale dimensions.

Detailed Drawings shall take precedence over general Drawings.

ARTICLE 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL

CONDITIONS; REFERENCE POINTS

Add the following to the end of paragraph 4.01.C:

SC-4.01.C Contractor shall obtain said land rights at his own expense and without liability to the Owner. Contractor shall not enter upon private property without first obtaining written permission from the rightful property owner.

Amend the last sentence in paragraph 4.03.C.3 to read:

SC-4.03.C.3 However, Owner and Engineer shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

SC-4.06.A Delete Paragraph 4.06.A in its entirety and insert the following in its place:

Reports and Drawings: In the preparation of Drawings and Specifications, Engineer or Engineer’s consultants relied upon the following reports and drawings relating to Hazardous Environmental Conditions at the site:

None

SC-4.06.H Amend the first paragraph of 4.06.H of the General Conditions by changing

“(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)” to “(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs)”

ARTICLE 5 BONDS AND INSURANCE

Delete paragraph 5.01.B in its entirety and insert the following in its place:

SC-5.01.B All Bonds shall be in the form prescribed by the Contract Documents or other form approved by Owner. All else notwithstanding, the terms of all Payment Bonds shall be substantially in the form prescribed by Chapter 255, Florida Statutes. All Bonds shall be executed by Contractor and a Surety licensed to transact such business in the State of Florida and named on the current list of

WMI FY2025 SOUTH OF MHS 00800-4 SUPPLEMENTARY CONDITIONS

“Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular Number 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. Contractor will cause the Bonds to be recorded with the Clerk of the Circuit Court in the county in which the Work is to be performed. Failure of the Contractor to deliver required Bonds in the form prescribed may constitute an event justifying termination for cause pursuant to Paragraph 15.02. The expense for all Bonds shall be Contractor’s responsibility.

Insert the following sentence immediately before the last sentence of paragraph 5.02.A:

SC-5.02.A Bonds and insurance shall be issued by a company with a Best's rating of at least

B+ authorized to do business in the State of Florida.

Add the following new paragraphs immediately after paragraph 5.03.E:

SC-5.03.F Umbrella Liability insurance is preferred, but an Excess Liability equivalent is acceptable. Whichever type of coverage is provided, it shall not be more restrictive than the underlying insurance policy coverages, including, but not limited to the coverage Trigger, defense, notice of occurrence/accident/ circumstances, notice of claim and extended reporting period.

SC-5.03.G No work shall be commenced under this contract until the required Certificate(s) have been provided. Work shall not continue after expiration (or cancellation) until new Certificate(s) have been provided. Non-continuance of work after expiration (or cancellation) of Certificate(s) will not constitute a delay beyond Contractor’s control as defined in paragraph 12.03.

SC-5.03.H Contractor shall arrange for its insurers' policies to include, or be endorsed to include, a severability of interest/cross liability provision, so that Owner will be treated as if a separate policy were in existence, but without increasing the policy limits.

SC-5.03.I Contractor's deductibles/self-insured retentions shall be disclosed to Owner and may be disapproved by the latter. They shall be reduced or eliminated at the option of Owner. Contractor is responsible for the amount of any deductible or self-insured retention.

SC-5.03.J Insurance required of Contractor or any other insurance of Contractor shall be considered primary and insurance or self-insurance of Owner shall be considered excess, as may be applicable to claims that arise out of this contract.

SC-5.03.K The Contractor shall either (a) require each subcontractor to procure and maintain the same coverage as required of the Contractor, or (b) insure the activities of subcontractors in his own policy.

WMI FY2025 SOUTH OF MHS 00800-5 SUPPLEMENTARY CONDITIONS

Add the following new paragraphs immediately after paragraph 5.04.B:

SC-5.04.C The limits of liability for the insurance required by paragraph 5.04 of the

General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Workers compensation and related coverages under paragraphs

5.04.A.1 and A.2 of the General Conditions:

a. State Statutory

b. Applicable Federal (e.g., Longshoreman's) Statutory

c. Employer's Liability Each Employee $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Disease Each Employee $1,000,000

2. Contractor's General Liability under paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall also include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor:

a. General Aggregate (Except Products - Completed Operations)

$1,000,000

b. Products - Completed Operations Aggregate $1,000,000

c. Each Occurrence (Bodily Injury and Property Damage)

$1,000,000

d. Property Damage liability insurance may be required to Explosion, Collapse and Underground coverages where include applicable.

e. Excess or Umbrella Liability General Aggregate

$2,000,000 Each Occurrence $1,000,000

3. Automobile Liability under paragraph 5.04.A.6 of the General Conditions:

Combined Single Limit $1,000,000

4. Additional Insureds include the respective officers, partners, directors, WMI FY2025 SOUTH OF MHS 00800-6 SUPPLEMENTARY CONDITIONS employees, agents, consultants, and subconsultants of the following firms and municipal government(s):

a) City of Bradenton

SC-5.06.A—Change “Unless otherwise provided in the Supplementary Conditions, Owner” to “Contractor.”

SC-5.06.A.1. Add the following after SC-5.06.A.1 as a separate paragraph:

Additional Insureds shall include the following:

a) City of Bradenton

Delete 5.09.A in its entirety and insert the following in its place:

SC-5.09.A If Owner has any objection to the coverage afforded by or other provisions of

Bonds or insurance required to be purchased and maintained by Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, Owner shall so notify Contractor in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. Contractor shall provide to Owner such additional information in respect of insurance provided as Owner may reasonably request.

ARTICLE 6 CONTRACTOR'S RESPONSIBILITIES

Add the following to the end of paragraph 6.01.A

SC-6.01.A Owner reserves the right to reject any means, methods, techniques, sequences or procedures proposed by Contractor which:

1. will constitute or create a hazard to the Work or to persons or damage to property or existing utilities; or

2. will not produce finished work in accordance with the terms of the

Contract Documents.

Owner's failure to exercise his right to reject such means, methods, techniques, sequences or procedures shall not relieve the Contractor of his obligation to accomplish the result intended in the Contract Documents nor shall the exercise of such right to reject create a cause of action for damages.

Add the following new paragraph immediately after paragraph 6.02.B:

SC-6.02.C Engineer shall record time and costs required by Engineer and Engineer's

WMI FY2025 SOUTH OF MHS 00800-7 SUPPLEMENTARY CONDITIONS

Consultants to provide services due to Contractor's working beyond regular working hours as defined in the General Requirements. Owner's reimbursement for the charges shall be a deduction from Contractor's Partial Payment(s).

Add the following new paragraphs immediately after paragraph 6.05.A.2.d:

SC-6.05.A.2.e Each action mentioned above required for review of proposed substitute items of material or equipment shall be followed in the order given. Failure to do so shall be cause for rejection of the proposed substitution.

SC-6.05.A.2.f Contractor shall reimburse Owner for the charges of Engineer and Engineer's

Consultants for evaluation of substitutions. Owner's reimbursement for the charges shall be a deduction from Contractor’s Partial Payment(s).

Add the following to the end of paragraph 6.06.A:

SC-6.06.A Contractor shall not subcontract part(s) of the work, the aggregate cost of which is greater than 50 percent of the contract price, without prior written approval by Owner. Contractor shall cause appropriate provisions to be inserted in each subcontract making the Owner and Engineer a third party beneficiary of such subcontract and to give Contractor the same power as regards terminating any subcontract that Owner may exercise over Contractor under any provision of the Contract Documents. Each Subcontractor shall discharge all duties and responsibilities of Contractor to Owner covered by his subcontract.

Insert the following at the beginning of paragraph 6.06.A:

SC-6.06.A Subcontractors and Suppliers, if not required to be or are not disclosed in

Contractor’s Bid, shall be disclosed to Owner and Engineer prior to execution of the Agreement.

Add the following to the end of paragraph 6.08:

SC-6.08 Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by Owner, unless otherwise specified.

Add the following to the end of paragraph 6.09.A:

SC-6.09.A Contractor shall also cause all Subcontractors to comply with all Laws and

Regulations bearing on the conduct of the Work.

Insert the following at the beginning of paragraph 6.09.B:

SC-6.09.B If Contractor observes that the Contract Documents are at variance with Laws or

WMI FY2025 SOUTH OF MHS 00800-8 SUPPLEMENTARY CONDITIONS

Regulations, Contractor shall promptly notify Engineer in writing. Contractor shall not proceed with the Work until so instructed by Owner. Any necessary adjustments to the Contract Price or the Contract Times shall be made as provided in the Contract Documents.

Add the following to the end of paragraph 6.12.A:

SC-6.12.A Annotation of record documents shall be legible, precise, and complete as determined by Engineer. Record drawings shall also meet all additional requirements if any as specified in the Contract Documents including providing an electronic CAD version.

Add the following new paragraph immediately after paragraph 6.13.A.3:

SC-6.13.A.4 Contractor shall be responsible at all times for precautions to achieve the protection of all persons, including employees and property. Contractor shall make special effort to detect hazardous conditions and shall take prompt action where necessary to avoid accident, injury, or property damage. OSHA and all other applicable safety laws and ordinances shall be followed as well as American National Standards Institute Safety Standards. All accidents, injuries, claims, or potential claims shall be reported promptly to Owner.

Add the following immediately after paragraph 6.13.C:

SC-6.13.C.1 City of Bradenton Safety Programs

Add the following new paragraph immediately after paragraph 6.17.E.1:

SC-6.17.E.2 Contractor shall reimburse Owner for the charges of Engineer for costs generated as a result of more than two submittals of any one Shop Drawing or Sample being required for evaluation due to rejection for noncompliance of the original submittal or for lack of information required by the Contract Documents.

Owner’s reimbursement for the charges shall be a deduction from Contractor's Partial Payment(s).

SC-6.20.A Amend the first paragraph of 6.20.A of the General Conditions by changing

“(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)” to “(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs)”

Add the following new paragraph immediately after paragraph 6.20.C:

SC-6.20.D Neither Contractor nor Owner shall sell, transfer, assign, or otherwise dispose of

WMI FY2025 SOUTH OF MHS 00800-9 SUPPLEMENTARY CONDITIONS

the contract or any portion thereof, or of any right, title, or interest therein, or any obligations thereunder, without written consent of the other party.

ARTICLE 8 OWNER'S RESPONSIBILITIES

SC-8.02 Amend paragraph 8.02 of the General Conditions by striking out the following words: “to whom Contractor makes no reasonable objection.”

ARTICLE 9 ENGINEER’S STATUS DURING CONSTRUCTION

SC-9.03 Add the following new paragraphs immediately after 9.03A:

B. The Resident Project Representative is the Engineer’s agent at the site, will act as directed by and under the supervision of the Engineer, and will confer with the Engineer regarding the Resident Project Representative’s actions.

The Resident Project Representative’s dealings in matters pertaining to the on-site work shall in general be with the Engineer and the Contractor keeping the Owner advised as necessary. The Resident Project Representative’s dealings with subcontractors shall only be through or with the full knowledge and approval of the Contractor. The Resident Project Representative shall generally communicate with the Owner with the knowledge of and under the direction of the Engineer.

SC-9.03.B.1 Duties and Responsibilities of the Resident Project Representative

SC-9.03.B.1.a Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by the Contractor and consult with the Engineer concerning acceptability.

SC-9.03.B.1.b Conferences and Meetings: Attend meetings with the Contractor, such as preconstruction conferences, progress meetings, job conferences, and other project-related meetings, and prepare and circulate copies of minutes thereof.

SC-9.03.B.1.c Liaison:

i. Serve as Engineer’s liaison with the Contractor, working principally through the Contractor’s superintendent and assist in understanding the intent of the Contract Documents; and assist the Engineer in serving as the Owner’s liaison with the Contractor with the Contractor’s operations affect the Owner’s onsite operations.

ii. Assist in obtaining from the Owner additional details or information, when required for proper execution of the Work.

SC-9.03.B.1.d Shop Drawings and Samples:

i. Record date of receipt of Shop Drawings and samples.

ii. Receive samples which are furnished at the site by the Contractor, and

WMI FY2025 SOUTH OF MHS 00800-10 SUPPLEMENTARY CONDITIONS

notify the Engineer of availability of samples for examination.

iii. Advise the Engineer and Contractor of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been reviewed by the Engineer.

SC-9.03B.1.e Review of Work, Rejection of Defective Work, Inspections and Tests:

i. Conduct onsite observations of the Work in progress to assist the Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents.

ii. Report to the Engineer whenever the Resident Project Representative believes that any Work is unsatisfactory, faulty, or defective, or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test, or approval required to be made; and advise the Engineer of Work that the Resident Project Representative believes should be corrected or rejected or should be uncovered for observation, or required special testing, inspection, or approval.

iii. Verify that tests, equipment, and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel and that the Contractor maintains adequate records thereof; and observe, record, and report to the Engineer appropriate details relative to the test procedures and startups.

iv. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project; record the results of these inspections and report to the Engineer.

SC-9.03.B.1.f Interpretation of Contract Documents: Report to the Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to the Contractor clarifications and interpretations as issued by the Engineer.

SC-9.03.B.1.g Modifications: Consider and evaluate the Contractor’s suggestions for modifications in Drawings or Specifications and report with recommendations to the Engineer. Transmit to the Contractor decisions as issued by the Engineer.

SC-9.03.B.1.h Records:

i. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, Engineer’s clarifications and interpretations of the Contract Documents, progress reports, and other Project-related documents.

ii. Keep a diary or log book recording the Contractor’s hours on the job site, WMI FY2025 SOUTH OF MHS 00800-11 SUPPLEMENTARY CONDITIONS weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to the Engineer.

iii. Record names, address, and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment.

SC-9.03.B.1.i Reports:

i. Furnish the Engineer with periodic reports as required of progress of the Work and of the Contractor’s compliance with the progress schedule and schedules of Shop Drawing and sample submittals.

ii. Consult with the Engineer in advance of scheduled major tests, inspections, or start of important phases of the Work.

iii. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from the Contractor and recommend to the Engineer Change Orders, Work Directive Changes, and Field Orders.

iv. Report immediately to the Engineer and Owner upon the occurrence of any accident.

SC-9.03.B.1.j Payment Requests: Review applications for payment with the Contractor for compliance with the established procedure for their submission and forward with recommendations to the Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the site but not incorporated in the Work.

SC-9.03.B.1.k Certificates, Maintenance, and Operation Manuals: During the course of the

Work, verify that certificates, maintenance, and operation manuals and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the Engineer for review and forwarding to the Owner prior to final payment for the Work.

SC-9.03.B.1.l Completion:

i. Before the Engineer issues a Certificate of Substantial Completion, submit to the Contractor a list of observed items requiring completion or correction.

ii. Conduct final inspection in the company of the Engineer, Owner, and Contractor, and prepare a final list of items to be completed or corrected.

iii. Observe that all items on the final list have been completed or corrected and make recommendations to the Engineer concerning acceptance.

SC-9.03.B.2 Limitations of Authority of the Resident Project Representative:

WMI FY2025 SOUTH OF MHS 00800-12 SUPPLEMENTARY CONDITIONS

SC-9.03.B.2.a Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by the Engineer.

SC-9.03.B.2.b Shall not exceed limitations of the Engineer’s authority as set forth in the

SC-9.03.B.2.c Shall not undertake any of the responsibilities of the Contractor, subcontractors, or Contractor’s superintendent.

SC-9.03.B.2.d Shall not advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences, or procedures of construction unless such advice or directions are specifically required by the

SC-9.03.B.2.e Shall not advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the Work.

SC-9.03.B.2.f Shall not accept Shop Drawing or sample submittals from anyone other than the Contractor.

SC-9.03.B.2.g Shall not authorize the Owner to occupy the Project in whole or in part.

SC-9.03.B.2.h Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the Engineer.

Add the following new paragraph immediately after paragraph 9.05.A:

SC-9.05.B Contractor shall reimburse the Owner for the charges of Engineer and Engineer's

Consultants for any additional field observations, engineering analysis, correspondence, meetings, or other work due to non-complying or defective construction, materials, or equipment performed or furnished by the Contractor, Subcontractors, or Suppliers. Owner’s reimbursement for the charges shall be a deduction from the Contractor's Partial Payment(s).

ARTICLE 10 CHANGES IN THE WORK; CLAIMS

SC-10.05.B Amend the first sentence of paragraph 10.05.B of the General Conditions by changing “(but in no event later than 30 days)” to “(but in no event later than 15 days)”.

ARTICLE 11 COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK

Add the following to the end of paragraph 11.01.A.5.c:

WMI FY2025 SOUTH OF MHS 00800-13 SUPPLEMENTARY CONDITIONS

SC-11.01.A.5.c In no case shall rates exceed those published by the current edition of Data Quest Incorporated titled, Rental Rate Blue Book for Construction Equipment, and other procedures established by Florida Department of Transportation.

SC-11.01.A.5.f Amend the first sentence of paragraph 11.01.A.5.f by striking out the following words: “(except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D).”

Add the following new paragraphs immediately after paragraph 11.01.A.5.i:

SC-11.01.A.5.j The cost of compliance with current local, state and federal safety regulations.

Delete paragraph 11.03.D in its entirety and insert the following in its place:

SC-11.03.D. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions:

1. if the total cost of a particular item of Unit Price Work amounts to 25% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement; and

2. if there is no corresponding adjustment with respect to any other item of work; and

3. if Contractor believes that Contractor has incurred additional expense as a result thereof; or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, either Owner or Contractor may make a claim for an adjustment in the Contract Price in accordance with Article 10 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed.

Add the following new paragraphs immediately after paragraph 11.03.D:

SC-11.03.E If Owner objects to Contractor's quoted adjustment in Unit Price Work set forth in paragraph 11.03.D, Owner may assign such work to its own forces or another contractor.

SC-11.03.F Owner reserves the right to delete any Unit Price Work with the change, if any, in the Contract Price or in the Contract Times determined in accordance with Article 12.

WMI FY2025 SOUTH OF MHS 00800-14 SUPPLEMENTARY CONDITIONS

ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE

OF DEFECTIVE WORK

Add the following to the end of paragraph 13.03.A:

SC-13.03.A Contractor shall reimburse Owner for the charges of Engineer and Engineer's

Consultants for all costs due to work not being ready for tests and/or inspections when the Contractor has notified Engineer that work is ready for tests and/or inspections. Contractor shall reimburse Owner for all failed tests and subsequent retests. Partial payments payable to Contractor shall be distributed, first to reimburse the Owner for such charges, with the balance distributed to the Contractor in accordance with the Contract Documents.

SC-13.03.B Delete paragraph 13.03.B of the General Conditions and add the following in its place:

The Contractor shall obtain and employ an independent testing laboratory to provide the services specified herein and shall include all costs for these services in the contract price. The Contractor shall submit for approval by the Owner and Engineer, the independent testing laboratory, including qualifications.

Contractor shall also submit unit costs for specified tests to be reimbursed by the Testing Allowance. All field work, including labor, equipment, travel, etc., performed by the approved independent testing laboratory is the responsibility of the Contractor and shall be included in the Contract Price. These costs are not included in the allowance.

Copies of all testing agency invoices submitted to the Contractor for payment shall be forwarded with the Contractor's request for partial payment. Invoices shall be submitted routinely throughout the project and shall be pertinent to the partial payment period under consideration. Testing agency invoices in excess of sixty (60) days old shall not be considered for payment. Invoices shall clearly indicate type and amount of tests performed, unit and total cost, and shall indicate if the invoiced testing cost is a result of retests required due to the Contractor's failure to achieve specified requirements. The cost of retesting due to test failure will be borne by the Contractor. Payment to the Contractor for testing shall not be made without the required itemized invoicing.

SC-13.06.A (i) In the second line, change “Engineer” to “Owner (or, prior to Engineer’s recommendation of final payment, Engineer).” (ii) Amend the second sentence of 13.06.A, by changing “(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)” to “(including but not limited to all fees and

WMI FY2025 SOUTH OF MHS 00800-15 SUPPLEMENTARY CONDITIONS

charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs).”

SC-13.07.B Amend the second sentence of 13.07.B, by changing “(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)” to “(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs).”

SC-13.08.A Amend the first sentence of 13.08.A, by (i) changing “(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)” to “(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs)” and (ii) deleting “(and, prior to Engineer’s recommendation of final payment, Engineer)”

SC-13.09.A Amend the first sentence of 13.09.A by (i) in the first line, changing “Engineer” to “Owner (or, prior to Engineer’s recommendation of final payment, Engineer)” and (ii) in the second line, by changing “Engineer” to “Owner (or, prior to Engineer’s recommendation of final payment, Engineer).”

SC-13.09.C Amend the first sentence of 13.09.C by changing “(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)” to “(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs)”

ARTICLE 14 PAYMENTS TO CONTRACTOR AND COMPLETION

Delete Paragraph 14.02.A.2 in its entirety and insert the following in its place:

SC-14.02.A.2 Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor certifying that Contractor has disbursed to all subcontractors and suppliers having an interest in the contract their pro rata shares of the payment out of previous progress payments received by Contractor for all work completed and materials furnished in the previous period, less a retainage withheld by Contractor pursuant to an agreement with a subcontractor. Contractor shall provide a waiver of lien for all stored materials with the second application for payment after submitting application for payment. If the waiver of lien is not provided, current application for payment will be reduced by the value of the stored materials until said time waiver of lien is received or stored materials become incorporated in the Work. Within 30 days of receipt for the final progress payment or any other payments received thereafter except the final payment, Contractor shall pay all subcontractors and suppliers having an interest in the

WMI FY2025 SOUTH OF MHS 00800-16 SUPPLEMENTARY CONDITIONS

contract their pro rata shares of the payment for all work completed and materials furnished.

Add the following new paragraph immediately after paragraph 14.02.A.3:

SC-14.02.A.4 Applications for Payment shall be paid in accordance with Florida’s Prompt

Payment Act.

SC-14.02.B.1 Amend the last sentence of the paragraph by adding the following words: “or direct Engineer to present the Application to Owner with Engineer’s recommendation of partial payment.”

SC-14.02.B.2 After the word “schedules”, add the words “and the Contract Documents”

Add the following new paragraph immediately after paragraph 14.02.B.2.c:

SC-14.02.B.2.d Contractor’s other obligations under the Contract Documents have been fulfilled.

Add the following new paragraphs immediately after paragraph 14.02.B.5.d:

SC-14.02.B.5.e claims have been made against Owner on account of Contractor’s performance or furnishing of the Work;

SC-14.02.B.5.f Liens have been filed in connection with the Work, except where

Contractor has delivered a specific bond satisfactory to Owner to secure satisfaction and discharge of such Liens;

SC-14.02.B.5.g There are other items entitling Owner to a set-off against the amount recommended.

Add the following new paragraph immediately after paragraph 14.02.C.1:

SC-14.02.C.2 If Owner fails to make payment within 30 calendar days after recommendation by

Engineer, in addition to other remedies available to Contractor, the interest rate defined in the Agreement shall commence on the first day after said payment is due and continue until the payment is received by Contractor.

Delete paragraph 14.02.D.1 in its entirety.

Add the following new paragraph immediately after paragraph 14.02.C.1:

SC-14.02.C.2 If Owner fails to make payment within 30 calendar days after recommendation by

Engineer, in addition to other remedies available to Contractor, the interest rate

WMI FY2025 SOUTH OF MHS 00800-17 SUPPLEMENTARY CONDITIONS

defined in the Agreement shall commence on the first day after said payment is due and continue until the payment is received by Contractor.

Add the following new paragraph immediately after paragraph 14.07.A.3:

SC-14.07.A.4 Applications for Payment shall be paid in accordance with Florida’s Prompt

Payment Act.

ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION

Add the following text to 15.02.A:

SC-15.02.A.1 After the word “Contractor’s”, add the words “failure to start the work in accordance with the Notice to Proceed or Contractor’s”.

SC-15.03.A.1 Delete Paragraph 15.03.A.1 in its entirety and insert the following in its place:

all acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work, to be measured by applying the percentage of completion of each item of such Work to the scheduled value of each item as stated in the Schedule of Values, less previous payments made for such item;

SC-15.03.A.2 Delete Paragraph 15.03.A.2 in its entirety.

END OF SECTION