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<br />13.5.2 ADD the following at the end:
<br />An independent testing agency selected by Architect shall prepare the test reports, logs and
<br />certificates applicable to the specific inspections and tests and promptly deliver the specified number
<br />of copies to the designated parties. Other required certificates of inspection, testing or approval shall
<br />be secure by the Contractor and delivered by him to the Architect, in such time as to not delay progress
<br />of the work.
<br />13.5.2.1 ADD the following to Subparagraph(s):
<br />13.5.2.1 Timely notice shall be construed to mean a minimum of 48 hours advance notice to the office
<br />of the Architect requesting a complete inspection for a meaningful portion of the work phase.
<br />13.5.3 ADD to the Subparagraph, immediately after the word "expenses", the words:
<br />", including the cost of re -testing for verification of compliance if necessary, until the Architect certifies
<br />that the Work in question does comply with the requirements of the Contract Documents, and all such
<br />costs shall not be included in computing the Contractor Sum".
<br />13.6.1 DELETE the Subparagraph in its entirety and SUBSTITUTE the following:
<br />13.6.1 In no event shall any interest be due and payable by the Owner to the Contractor, any
<br />Subcontractor or any other party on any of the sums payable by the Owner under this Contract,
<br />including, without limitation, the sums which the Owner is authorized to retain pursuant to the Contract
<br />Documents.
<br />13.7.2 ADD the following to Subparagraph(s):
<br />13.7.2 Notwithstanding any provision of Subparagraph 13.7.1 to the contrary, no applicable statute of
<br />limitations shall be deemed to have commenced with respect to any portion of the Work which is not in
<br />accordance with the requirements of the Contract Documents, which would not be visible or apparent
<br />upon conducting a reasonable investigation and which is not discovered by the Owner until after the
<br />date which, but for this subparagraph 13.7.2, would be the date of commencement of the applicable
<br />statute of limitations; the applicable statute of limitations instead shall be deemed to have commenced
<br />on the date of such discovery by the Owner.
<br />13.8 ADD the following to Subparagraph(s):
<br />13.8. FEDERAL JURISDICTION; VENUE
<br />13.8.1 The parties, any Subcontractor, Sub -subcontractor, materialmen and the surety under any bond
<br />required hereunder, waive any entitlement to federal jurisdiction in the courts of the United States of
<br />America, based on diversity of citizenship, and they agree that the venue of any civil action related to
<br />this Agreement shall be properly laid solely in the County which the Work is being performed.
<br />13.9 THIRTY PARTY ACTIONS
<br />13.9.1 Nothing contained in the Contract Documents shall create a contractual relationship with, or
<br />grant any rights or cause of action to, any third party.
<br />13.10 FEDERALLY FUNDED PROJECTS
<br />13.10.1 If the Project Manual or Bidding Documents, state that this Project is all or partially funded with
<br />federal funds and that federally mandated wage rates are applicable the Contractor shall comply with
<br />the applicable laws and regulations and provide for and ensure compliance by all applicable
<br />Subcontractors and Sub -subcontractors and suppliers.
<br />13.11 CONFLICT OF INTEREST
<br />13.11.1 The award hereunder is subject to provisions of Chapter 112, Florida Statutes. All bidders must
<br />disclose with their bid the name of any officer, director or agent who is also an employee of the Owner
<br />Further, all bidders must disclose the name of any employee who owns, directly or indirectly, an interest
<br />of ten percent (10%) or more in the Bidder's firm or any of its branches.
<br />13.12 ENVIRONMENTAL AND HEALTH HAZARDS
<br />13.12.1 It is the intent of the Owner to comply with all Federal, State and Local governmental laws,
<br />rules and regulations regarding environmental considerations and potential hazards to public health.
<br />As such, it shall be the responsibility of the successful bidder to take all steps necessary to ensure that
<br />the facilities are free from the dangers of asbestos, lead and other health hazards, in the discharge of
<br />this obligation, it shall be incumbent upon successful bidder to comply with the following:
<br />.1 E.P.A., F.D.E.P, R.C.R.A., C.E.R.L.A., H.S.W.A., T.S.C.A., Clean Air Act, Clean Water Act, Safe
<br />Drinking Water Act.
<br />.2 Lead Lead Contamination Control Act of 1988, PL 100-572 Oct. 31, 1988 and Prohibition of Use
<br />of Lead Pipes, Solder and Flux. PL-99-339 June 19, 1989 and Chapter 17-550, F.A.C., Drinking
<br />Water Standards, Monitoring and Reporting, Part III.
<br />.3 All potable water fixtures must be certified lead-free.
<br />.4 Submit with the shop drawings, submittals and/or samples and MSDS form for each construction
<br />material identified on the shop drawings or submittals.
<br />.5 Dispose of all tubes, packages, cans or any other containers in accordance with the above
<br />requirements.
<br />13.12.2 In the event more stringent regulations are enacted on these or other similar topics during the
<br />course of construction, the Contractor shall be notified in writing of the new requirements. Upon receipt
<br />of such notice, he shall calculate the financial impact (increase or decrease) and notify the Owner of
<br />same in writing no later than seven (7) days following receipt. Failure to do so will not relieve the
<br />Contractor from full compliance, and may subject Contractor to non -reimbursable costs.
<br />13.12.3 During the course of construction, the Owner will conduct any testing necessary to insure full
<br />and complete compliance with applicable regulations and all conditions contained herein. In the
<br />event test results indicate an unsatisfactory product, the cost for testing as well as removal and
<br />replacement of the unacceptable product, shall be borne solely by the General Contractor or the
<br />applicable subcontractor, at no additional cost to the Owner.
<br />13.14 MISCELLANEOUS
<br />13.14.1 Where required hereunder to effectuate the intent of the Contract Documents, masculine shall
<br />mean neuter or feminine and the singular shall mean the plural,
<br />13.14.2 The captions and headings of various Articles and Paragraphs in the Agreement, General
<br />Conditions or this Supplement are for convenience only and are not to be construed as defining or
<br />limiting, in any way, the scope of intent of the provisions hereof.
<br />13.143 The invalidity of any covenant, restriction, condition, limitation or any other part or provision of
<br />the Contract Documents shall not impair or affect in any manner the validity, enforceability or effect of
<br />the remainder of the Contract Documents.
<br />14.2.6 Before the Owner shall have any obligation to make payment(s) to the Surety, the Surety shall
<br />provide the Owner with a written Waiver of Lien from each subcontractor and major supplier holding
<br />direct contract with the Contractor. Such Waivers of Liens shall identify the total contract sum between
<br />the Contractor and subcontractor (or supplier) and the sum paid to -date. Before the Owner shall be
<br />obligated to make any payments to the Surety, all such subcontractors and suppliers shall be paid
<br />currently in proportion to the sum previously paid by the Owner to the Contractor. If the Surety is unable
<br />to produce a proper Waiver of Lien from a subcontractor or supplier, the Owner may withhold a sum
<br />equal to twice the amount claimed by the subcontractor or supplier and shall not be obligated to pay
<br />the Surety such sum in order to properly protect the subcontractor or supplier until the Surety has
<br />presented evidence satisfactory to the Owner that (a) the Surety has contracted with another party to
<br />complete or correct or replace the Work by such subcontractor or supplier, or (b) taken definitive steps
<br />to bring the matter to a fair resolution. Definitive steps may be interpreted to mean either a lawsuit has
<br />been filed or binding arbitration proceedings between the Contractor (or Surety if applicable) and the
<br />subcontractor have been initiated and a hearing scheduled. The Owner shall have no obligation to
<br />fund the Surety's responsibilities to pay subcontractors or suppliers fair and proportionate shares of sums
<br />previously paid by the Owner to the Contractor.
<br />14.2.7 If the Surety fails within sixty (60) days to initiate and to continue to proceed with a diligent and
<br />full faith effort assuring and manning of the job, the payment of obligations, the resolution of disputes,
<br />the providing of substitute subcontractors where necessary, as approved by the Architect and the
<br />Owner's Representative, and the general overall effective pursuit of the Work toward a satisfactory
<br />completion, the Owner may, at his option, stop the Surety from proceeding, declare the Surety in default
<br />and in breech of contract and undertake the completion of the Work by other means. In such event, the
<br />Surety shall be liable for all costs in excess of the current contract sum including, but not limited to
<br />Additional Services of the Architect, legal services, court costs and interest upon such additional costs
<br />from the time demanded until the time paid, and any penalty a Court assesses.
<br />14.2.8 If the Contractor has furnished Bonds, and the Contractor's Surety is directed to complete the
<br />Work, Surety shall be responsible (unless covered under the Contractor's insurance policies) for all of the
<br />following: (1) To replace at no cost to Owner all damaged, lost or stolen materials and equipment stored
<br />by Contractor on the project site; (ii) All costs incurred by Owner to move any/all materials and/or
<br />equipment stored by Contractor on the project site; (iii) All costs incurred by Owner to temporarily or
<br />permanently keep the weather out of the building to protect persons and property; and (iv) All actions,
<br />negligent or otherwise, on the part of the Contractor prior to the Default.
<br />14.3.3 ADD the following to Subparagraph(s):
<br />14.3.3 The Owner may, at its option, terminate the Contract in whole or from time to time in part at and
<br />time by written notice thereof to the Contractor. Upon any such termination, Contractor agrees to waive
<br />any claims for damages, including loss of anticipated profits, on account thereof, and as the sole right
<br />and remedy of Contractor, Owner shall pay Contractor in accordance with 14.3.4.3 below. The
<br />provisions of the Contract, which by their nature survive final acceptance of the Work, shall remain in full
<br />force and effect after such termination to the extent provided in such provisions.
<br />1 Upon receipt of any such notice, Contractor shall, unless the notice directs otherwise,
<br />immediately discontinue the Work on that date and to the extent specified in the notice; place no
<br />further orders or subcontracts for materials, equipment, services or facilities, except as may be
<br />necessary for completion of such portion of the Work as is not discontinued, promptly make every
<br />reasonable effort to procure cancellation upon terms satisfactory to Owner of all orders and
<br />subcontracts to the extent they relate to the performance of the discontinued portion of the Work
<br />and shall thereafter do only such Work as may be necessary to preserve and protect work already
<br />in progress and to protect materials, plants and equipment on the site or in transit thereto.
<br />.2 Upon such termination, the obligations of the Contract shall continue as to portions of the Work
<br />already performed and as to bona fide obligations assumed by Contractor prior to the date of
<br />termination.
<br />.3 Upon termination, Contractor shall be entitled to be paid: (i) the full cost of all Work properly done
<br />by Contractor to the date of termination not previously paid for, less sums already received by
<br />Contractor on account of the cost of the portion of the Work performed; (ii) plus, if at the date of
<br />such termination Contractor has properly prepared or fabricated off the Site any goods for
<br />subsequent incorporation in the Work, and if Contractor delivers such goods to the site or to such
<br />other place as the Owner shall reasonably direct, the full cost for such goods or materials; (III)
<br />plus fifteen percent (15%) of the total sum thereof as liquidated damages. The Contractor waives
<br />all claims for any other damages caused by the Owners termination of the Contract.
<br />rojo Architecture
<br />AA 0002952
<br />5701 E, Hillsborough Avenue
<br />Suite 1122
<br />Tampa, FL 33610
<br />813 630 5508 (p) I rojo@rojoarchitecture.com
<br />813 630 5518 (f) www.getrojo.com
<br />STATE OF FLORIDA
<br />REGISTERED ARCHITECT
<br />ROBERT A. GLISSON
<br />AR0015123
<br />JONATHAN S. MOORE
<br />AR0093150
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<br />,�4SEAL SHO NI VALIDH EMBOSSED IMPRINT,SIGNATURE IN RE
<br />JSA MEDICAL
<br />TENANT BUILD -OUT
<br />5526/5528 GALL BLVD
<br />ZEPHYRHILLS, FL 33542
<br />REFER TO: ARTICLE 14 - TERMINATION OR SUSPENSION OF THE CONTRACT
<br />- 5/13/11 PERMIT SET
<br />14.2.5 ADD the following to Subparagraph(s):
<br />14.2.5 If the Contractor has furnished Bonds, and if the Contractor's Surety is directed to complete the
<br />Work, then all payments made after termination of the Contractor shall be made to the Surety until (or
<br />jointly to the Surety and Contractors if the Surety so directs) the Work is finished and the contract sum
<br />has been expended. The Surety shall then be responsible for all of the obligations and duties of the
<br />Contractor under the contract and shall be bound by the conditions of the contract to fulfill all
<br />obligations of the contract in exchange of the balance of the contract sum yet unpaid by the Owner.
<br />The Surety may not assign those obligations without the written consent of the Owner. The Surety shall be
<br />responsible for the payment of all costs relating to the termination of the employment of the Contractor,
<br />including compensation for the Architect's additional services and expenses made necessary by these
<br />matters. The amount to be paid to the Surety or Owner, as the case may be shall be certified by the
<br />Architect, upon proper application, and this obligation for payment shall survive termination of the
<br />employment of the Contractor.
<br />Mark I Date I Description
<br />Issue/Revision
<br />PERMIT SET
<br />Project ID
<br />11004
<br />CAD File Name
<br />11004-CD.vwx
<br />Drawn By
<br />APM
<br />Checked By
<br />is
<br />Plot Date:
<br />Record Date:
<br />Record Date
<br />Sheet Title
<br />GENERAL CONDITIONS II
<br />Drawing No.
<br />SHEET SCALE: N.T.S.
<br />G-52
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