2026-13 Justin Flippen Park Electrical Upgrades

ITB # 2026-13 Justin Flippen Park Electrical Upgrades
ITB# 2026-13 Justin Flippen Electrical Upgrades
Attachment 1: General Conditions for Construction

GENERAL CONDITIONS FOR CONSTRUCTION
ATTACHMENT 3 - GENERAL CONDITIONS FOR CONSTRUCTION
DEFINITIONS AND TERMS
The terms used in these specifications are defined as follows:
Owner: The City of Wilton Manors, a Florida municipal corporation.
Project Manager: The Owner's Representative assigned by the Owner to manage the Project.
Engineer: The person, firm or corporation designated by the Owner to perform engineering
services in association with the Project.
Contractor: The person, firm or corporation with whom this Contract is executed by the
Owner.
Subcontractor: Any person, firm or corporation other than the Contractor supplying material or
labor for work at the site of the project. Such person or firm has contractual
relations with the Contractor, but not with the Owner.
Surety: Any person, firm or corporation that has executed as Surety the Contractor's
performance bond securing the performance of this Contract.
Contract: The agreement executed by the Owner and the Contractor covering the work to
be performed and including all Contract Documents.
Specifications: The detailed written description of the work.
Drawings: The drawings listed and described in the Contract Documents.
Order of Precedence: The order of precedence from top to bottom for the Contract Documents is
Federal Required Contract Provisions, Contract, General Conditions for
Construction, Invitation to Bidders, Technical Specifications, then Drawings.
Project: The entire construction or installation to be performed as set forth in the Contract
Documents.
Claims and Notices: A notice is defined to be information rendered by either party to the other upon
a condition becoming known pursuant to the following requirements. All claims,
requests, substitutions, changes, notices, delays and any and all other forms of
notices or claims by the Contractor to the Owner or Engineer must be in writing
and promptly presented. If none is so made, it is irrefutably presumed not to have
been given by the Contractor to the Owner or Engineer.
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TABLE OF CONTENTS
GC-1 ENTIRE AGREEMENT
GC-2 INDEPENDENT CONTRACTOR
GC-3 AUTHORIZED REPRESENTATIVES
GC-4 NOTICES
GC-5 LAWS, REGULATIONS AND PERMITS
GC-6 STANDARDS AND CODES
GC-7 CODE RELATED INSPECTIONS
GC-8 GOVERNING LAW
GC-9 RIGHTS AND REMEDIES
GC-10 COMMERCIAL ACTIVITIES
GC-11 COOPERATION WITH OTHERS
GC-12 FORMS & DOCUMENTS
GC-13 PUBLICITY AND ADVERTISING
GC-14 TAXES
GC-15 SUCCESSORS, ASSIGNS AND ASSIGNMENT
GC-16 COORDINATION AND CORRELATION OF DRAWINGS AND SPECIFICATIONS
GC-17 CONTRACT INTERPRETATION
GC-18 DISPUTES
GC-19 SUSPENSION
GC-20 DECLARATION OF DEFAULT
GC-21 TERMINATION FOR DEFAULT
GC-22 OPTIONAL TERMINATION
GC-23 EXTENSION OF TIME/NO DAMAGES FOR DELAY
GC-24 WARRANTY
GC-25 PATENT INDEMNITY
GC-26 INDEMNITY
GC-27 INSURANCE
GC-28 SITE CONDITIONS
GC-29 DIFFERING SITE CONDITIONS
GC-30 ACCESS TO WORK AREAS
GC-31 CONTRACTOR INGRESS AND EGRESS
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GC-32 PRE-CONSTRUCTION MEETING
GC-33 CONTRACTOR MEETINGS
GC-34 OWNER FURNISHED DRAWINGS AND SPECIFICATIONS
GC-35 CONTRACTOR-FURNISHED MATERIALS, EQUIPMENT AND WORKMANSHIP
GC-36 LABOR
GC-37 EQUAL EMPLOYMENT OPPORTUNITY
GC-38 SAFETY & PROTECTION OF PERSONS & PROPERTY, RESPONSIBILITY FOR SAFETY AND
HEALTH
GC-39 FIRE PREVENTION
GC-40 BEST MANAGEMENT PRACTICES
GC-41 DUST CONTROL
GC-42 WATER POLLUTION
GC-43 AIR POLLUTION
GC-44 TESTING
GC-45 PROGRESS
GC-46 FIELD CHANGE DIRECTIVES/CHANGE ORDERS
GC-47 MEASUREMENT OF AND PAYMENT FOR WORK
GC-48 PROGRESS PAYMENT PROCEDURES
GC-49 USE OF COMPLETED PORTIONS OF WORK
GC-50 SUBSTANTIAL COMPLETION
GC-51 FINAL INSPECTION, TESTING, AND ACCEPTANCE
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GC-1 ENTIRE AGREEMENT
1.1 These General Conditions for Construction documents together with the Contract and Technical
Specifications, and any documents referenced therein, embody the entire agreement between
Owner and Contractor and supersede all other writings, oral agreements, or representations. The
parties shall not be bound by or be liable for any statement, representation, promise, inducement
or understanding of any kind or nature not set forth herein. No changes, amendments or
modifications of any of the terms or conditions of these documents shall be valid unless reduced
to writing and signed by both parties.
GC-2 INDEPENDENT CONTRACTOR
2.1 This Agreement does not create an employee/employer relationship between the parties. It is the
intent of the parties that Owner and Contractor are independent contractors under this
Agreement and neither is the employee of the other for all purposes, including, but not limited
to, the application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act,
the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State
unemployment insurance law. The parties shall each retain sole and absolute discretion in the
judgment, manner and means of carrying out their activities and responsibilities hereunder,
provided further that administrative procedures applicable to services rendered under this
Agreement shall be those of each individual party. In providing such services, neither party nor its
agents shall act as officers, employees, or agents of the other party. The Parties agree that they
are separate and independent enterprises. This Agreement shall not be construed as creating any
joint employment relationship or joint venture between the parties and neither party will be liable
for any obligation incurred by the other party, including, but not limited to, unpaid minimum
wages or overtime premiums.
2.2 Contractor represents that it is fully experienced and properly qualified to perform the class of
work provided for herein, and that it is properly licensed, equipped, organized and financed to
perform such work. Contractor shall act as an independent contractor and not as the agent of
Owner in performing the Contract, maintaining complete control over its employees and all of its
suppliers and subcontractors. Nothing contained in this Contract or any subcontract awarded by
Contractor shall create any contractual relationship between any such supplier or subcontractor
and Owner. Contractor shall perform all work in accordance with its own methods subject to
compliance with the Contract. Contractor represents that all subcontractor agreements entered
into shall incorporate by reference the terms and conditions of this Contract, and further warrants
that the Owner is an intended express third party beneficiary of any such subcontract.
GC-3 AUTHORIZED REPRESENTATIVES
3.1 Before starting work, Contractor shall designate a competent, authorized representative
acceptable to Owner to represent and act for Contractor and shall inform Owner in writing, of
the name and address of such representative together with a clear definition of the scope of
his authority to represent and act for Contractor and shall specify any and all limitations of
such authority. At the Pre- construction Conference, Contractor shall provide resumes of key
personnel for Owner's approval. Contractor shall keep Owner informed in writing pursuant to
the notice requirements provided herein of any subsequent changes in the foregoing. Such
representative shall be present or duly represented at the site of work at all times when work
is actually in progress.
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3.2 From the time of execution of the Contract, the Owner shall have the right to remove
the Contractor's representative from the project for inappropriate behavior including,
but not limited to, lack of concern for residents, or acting in an unprofessional manner
(i.e. argumentative with residents or Owner's representative and the use of foul
language).
3.3 During periods when work is suspended, arrangements for an authorized
representative, acceptable to Owner, shall be made for any emergency work that may
be required. All notices, determinations, instructions and other communications given
to the authorized representatives of the Contractor shall be binding upon Contractor.
Nothing contained herein shall be construed as modifying the Contractor's duty of
supervision and fiscal management as provided for by Florida law.
3.4 The Owner shall designate a Project Manager who will have limited authority to act for
the Owner. The Owner will notify the Contractor in writing of the name of such
representative(s). Facility users and other City employees are not authorized Owner
representatives. Any work performed by the Contractor without proper written
authorization from the Project Manager, or at the direction of a Facility user, or any
other person either working on or associated with the project, is performed at the
Contractor's risk, and the City shall have no obligation to compensate the Contractor for
such work.
GC-4 NOTICES
4.1 Any notices provided for hereunder shall be in writing and may be served either personally on
the authorized representative of the receiving party at the jobsite or by certified mail to that
party at the addresses shown below:
City of Wilton Manors
2020 Wilton Drive
Wilton Manors, Florida 33305
Attn: Michelle Parks
GC-5 LAWS AND REGULATIONS AND PERMITS
5.1 Contractor and its employees and representatives shall at all times comply with all applicable
laws, codes, ordinances, statutes, rules or regulations in effect at the time work is performed
under this Contract.
5.2 If, during the term of this Contract, there are any changed or new laws, ordinances or regulations
not known or foreseeable at the time of signing this Contract which become effective and which
affect the cost or time of performance of the Contract, Contractor shall immediately notify
Owner in writing and submit detailed documentation of such effect in terms of both time
and cost of performing the Contract. Upon concurrence by Owner as to the effect of such
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changes, an adjustment in the compensation and/or time of performance will be made, if
applicable.
5.3 If any discrepancy or inconsistency should be discovered between the Contract and any law,
ordinance, regulation, order or decree, Contractor shall immediately report the same in writing
to Owner who will issue such instructions as may be necessary. However, it shall not be grounds
for a Change Order that the Contractor was unaware of or failed to investigate the rules,
codes, regulations, statutes, and all ordinances of all applicable governmental agencies having
jurisdiction over the Project or the work.
5.4 Contractor is required to obtain and pay for all required permits and licenses.
GC-6 STANDARDS AND CODES
6.1 Wherever references are made in the Contract to standards or codes in accordance with which
work is to be performed or tested, the edition or revision of the standards or codes current
on the effective date of this Contract shall apply, unless otherwise expressly set forth.
Unless otherwise specified, reference to such standards or codes is solely for implementation of
the technical portions of such standards and codes. In case of conflict among any referenced
standards and codes or between any referenced standards and codes the Project Manager
will determine which shall govern. Contractor acknowledges that compliance with code
requirements represents minimum standards for construction and is not evidence that the
work has been completed in accordance with the Contract Documents
GC-7 CODE RELATED INSPECTIONS
7.1 The Contractor recognizes that the City of Wilton Community Development
Services/Department (CDS) is a separate department within the City that is charged with the
inspection of improvements to real property for code compliance. The improvements to be
made by the Contractor pursuant to this contract may be subject to inspection by CDS. The
Contractor agrees that it will not assert, as a City-caused delay or as a defense of any delay on
the part of the Contractor, any good faith action or series of actions on the part of CDS,
including, but not limited to DCS/BD's refusal to accept any portion of the Contractor's work.
GC-8 GOVERNING LAW
8.1 The Contract shall be governed by the laws of the State of Florida and venue of any action
arising out of this contract shall be in Broward County, Florida.
GC-9 RIGHTS AND REMEDIES
9.1 The duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law.
GC-10 COMMERCIAL ACTIVITIES
10.1 Contractor shall not establish any commercial activity or issue concessions or permits of any
kind to third parties for establishing commercial activities on lands owned or controlled by
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Owner. Contractor shall not allow its employees or subcontractors to engage in any
commercial activities on the Project site.
GC-11 COOPERATION WITH OTHERS
11.1 Owner and other contractors and subcontractors may be working at the site during the
performance of this Contract. Contractor shall fully cooperate with the Project Manager and
other contractors to avoid any delay or hindrance of their work. Project Manager may
require that Contractor use certain facilities concurrently and other parties and Contractor shall
comply with such requirements.
11.2 If any part of the Contractor's work depends on proper execution or results from any work
performed by the Owner or any separate contractor, the Contractor shall, prior to proceeding
with the work, promptly report to the Project Manger any apparent discrepancies or defects
in such other work that render it unsuitable for such proper execution and results. Failure of
the Contractor to report such discrepancies or defects shall constitute an acceptance of the
Owner's separate contractors' work as fit and proper to receive his work, except as to defects,
which may subsequently become apparent in such work performed by others. Any costs caused
by defective or ill-timed work of others shall be borne by the Contractor unless Contractor
gives written notice to Project Manager, if reasonably possible, prior to proceeding with the
work, and in any event within three (3) days of commencement of work. In no event,
however, shall the Owner be liable to the contractor for delay damages as provided for in the
Contract Documents.
GC-12 FORMS AND DOCUMENTS
12.1 The below listed documents are to be used by the Contractor and Owner during the
administration of this contract. Additional administrative forms may supplement this list upon
written notice by the Project Manager. All such documents are incorporated herein and made a
specific part hereof. Project Manager reserves the right to modify these forms as deemed
necessary.
12.1.1 Application and Certificate for Payment
12.1.2 Field Change Directive
12.1.3 Submittal Requirements/Record
12.1.4 Request for Information (RFI)
12.1.5 Shutdown Request
12.1.6 Engineering ROW Permit Procedure
12.1.7 Project Sign Format
12.2 Copies of items 12.1.1 through 12.1.7 will be given to the Contractor at the Pre- Construction
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Meeting. City reserves the right to add to or modify the forms, content or format of the
administrative forms during the Project.
12.3 Refer to GC-32 PRE-CONSTRUCTION MEETING for additional requirements.
GC-13 PUBLICITY AND ADVERTISING
13.1 Contractor shall not make any announcement or release any information or publish any
photographs concerning this Contract or the Project or any part thereof to any member of the
public, press or any official body, unless prior written consent is obtained from Project
Manager.
GC-14 TAXES
14.1 Contractor shall pay all taxes, levies, duties and assessments of every nature that may be
applicable to any work under this Contract. The Contract Sum and any agreed variations thereof
shall include all taxes imposed by law. Contractor shall make any and all payroll deductions
required by law. Contractor herein indemnifies and holds the Owner harmless from any liability
on account of any and all such taxes, levies, duties, assessments and deductions. Such
indemnification shall be in accordance with the terms and conditions of GC-26 INDEMNITY as
provided herein below.
14.2 Owner and Contractor hereby acknowledge that Owner is a tax-exempt entity. Where
applicable, and so directed by the Owner, the Owner reserves the right to implement, at its
convenience, a tax exemption program to buy selected materials and place the tax savings in
line item contingency.
GC-15 SUCCESSORS, ASSIGNS AND ASSIGNMENT
15.1 The Owner and the Contractor each bind itself, its officers, directors, qualifying agents, partners,
successors, assigns and legal representatives to the other party hereto and to the partners,
successors, assigns and legal representatives of such other party in respect to all covenants,
agreements and obligations contained in the Contract. It is agreed that the Contractor shall
not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in
or to the same or any part thereof, or allow legal action to be brought in its name for the
benefit of others, without previous consent of the Owner and concurred to by the sureties.
GC-16 COORDINATION AND CORRELATION OF DRAWINGS AND SPECIFICATIONS
16.1 The Contractor represents that the Contractor, Subcontractors, material and equipment
suppliers have compared Phasing, Demolition, Architectural, Structural, Mechanical,
Electrical, Plumbing, Civil and Site Drawings and Specifications, and have compared and
reviewed all general and specific details on the Drawings, and that all conflicts, discrepancies,
errors and omissions, which are within the commonly accepted knowledge base of a licensed
general contractor, subcontractors, trades persons, manufacturers or other parties required to
carry out the Work involved in this Contract, have been either corrected or clarified prior
to execution of this Contract.
16.2 The Contractor represents that the Contract Sum represents the total cost for complete
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and functional systems and therefore, the Contractor's review and comparison of all Drawings
has taken into consideration the total and complete functioning of all systems.
GC-17 CONTRACT INTERPRETATION
17.1 All claims of Contractor and all questions the Contractor may have concerning interpretation
or clarification of this Contract or its acceptable fulfillment shall be submitted immediately in
writing to Project Manager for resolution.
17.2 Project Manager will render its determination in writing within seven (7) calendar days
concerning such resolution, which determination shall be considered final and conclusive
unless Contractor files a written protest pursuant to GC-18 DISPUTES. The Contractor's protest
shall state clearly and in detail the basis thereof. Project Manager will consider Contractor's
protest and render its decision, in writing thereon within twenty-one (21) calendar days. If
Contractor does not agree with the Project Manager's decision, the Contractor shall
immediately deliver written notice to that effect to the Owner.
17.3 Contractor is solely responsible for requesting instructions or interpretations and is solely liable
for any costs and/or expenses arising from its failure to do so. Contractor's failure to protest
Owner's determinations, instructions, clarifications or decisions within seven (7) calendar days,
after receipt thereof, shall constitute a waiver by Contractor of all its rights to further protest,
judicial or otherwise.
GC-18 DISPUTES
18.1 Any dispute relating to a question of fact arising under this Contract shall be resolved
through good faith efforts upon the part of Contractor and Owner or its representatives. At all
times, Contractor shall carry on the work and maintain its progress schedule in accordance
with the requirements of the Contract and the determination of the Owner or its
representatives, pending resolution of any dispute. The Owner, or its representatives, who
shall reduce such decision to writing, shall decide any dispute that is not disposed of by mutual
agreement. The decision of the Owner or its representatives shall be final and conclusive.
GC-19 SUSPENSION
19.1 The Project Manager, at its sole option, may decide to suspend, at any time, the performance
of all or any portion of work to be performed under the Contract. Contractor will be notified
of such decision by Project Manager in writing. Such notice of suspension of work may
designate the amount and type of labor and equipment to be committed to the work site.
During the period of suspension, Contractor shall use its best efforts to utilize its labor and
equipment in such a manner as to minimize costs associated with suspension.
19.2 Upon receipt of any such notice to suspend, Contractor shall, unless the notice requires
otherwise:
19.2.1 Immediately discontinue work on the date and to the extent specified in the notice;
19.2.2 Place no further orders or subcontracts for material, services, or facilities with respect
to suspended work other than to the extent required in the notice;
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