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<br />GENERAL CONDITIONS
<br />3.12.4 DELETE the last sentence in Subparagraph,
<br />.7 require each Subcontractor to furnish to the Contractor in a timely fashion all information
<br />8.5 ADD the following to Subparagraph(s):
<br />11.1,7 If by the terms of this insurance any mandatory deductibles are required, or if the Contractor
<br />necessary for the preparation and submission of the reports required herein;
<br />should elect, with the concurrence of the Owner, to increase the mandatory deductibles amounts or
<br />The "General Conditions of the Contract for Construction," American Institute of Architects (AIA)
<br />3.13.2 ADD the following to Subparagraph(s):
<br />8.5 EXTENDED CONTRACT ADMINISTRATION
<br />purchase this insurance with voluntary deductible amounts, the Contractor shall be responsible for
<br />DocumentA201 (1997 Edition), is hereby made a part of these Contract Documents, subject to the
<br />,8 require that each Subcontractor continue to perform under its subcontract in the event the
<br />payment of the amount of all deductibles in the event of a paid claim. If separate Contractors are
<br />following Supplementary General Conditions.
<br />3.13.2 Material shall be arranged and maintained in orderly manner with use of walks, drives roads and
<br />Contract is terminated and the Owner shall take an assi nment of said subcontract and re uest
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<br />8.5.1 In the event that the Architect continues to rovide Contract Administration because of the failure
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<br />added as insured to be covered b this olic the se arate Contractors shall be res onsible for
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<br />entrances unencumbered. Store, place and handle material and equipment delivered to project site so
<br />such Subcontractor to continue such performance; and
<br />of the Contractor to complete the Project within 110% of the calendar days allotted for construction in
<br />payment of appropriate part of any deductibles in the event claims are paid on their part of the Project.
<br />SUPPLEMENTARY GENERAL CONDITIONS
<br />as to prevent inclusion of foreign substances or causing of discoloration. Stack materials neatly and
<br />the Contract for construction and in subsequent change orders, after the original construction Contract
<br />completely and barricade to protect public from injury. Protect material as required to prevent moisture
<br />.9 require each Subcontractor to remove all debris created by its activates.
<br />completion date and extensions have been approved and the cause of the delay is the Contractor's
<br />11,1,8 When such insurance, due to the attainment of a normal expiration date or renewal date, shall
<br />REFER TO: ARTICLE 1 - GENERAL PROVISIONS
<br />absorption or damage from weather or the ground. Should it be necessary to move material at any time,
<br />and is not attributable to the Architect, the Architect may request the Owner withhold from the
<br />expire, the Contractor shall, not less than thirty (30) days prior to such expiration or renewal date, supply
<br />I
<br />or move sheds, trailers or storage platforms, Contractor shall move them as and when required at no
<br />5.3.3 ADD the following to Subparagraph(s):
<br />Contractor's partial or final payment sufficient sums in order to compensate the Architect for extended
<br />the
<br />1.1.3 ADD the following sentence to the end:
<br />additional cost to the Owner. The Owner assumes no responsibility for materials stored in building or site.
<br />Contract Administration, If the Architect certifies that he has provided such extended Contract
<br />Owner with updated replacement Certificates of Insurance and amendatory riders or endorsements
<br />The Contractor shall assume full responsibility for loss or damage due to storing of materials. Repairing of
<br />5.3.3 Affiliated Entities. The Contractor shall not enter into any subcontract, contract, agreement,
<br />Administration, and the delay in construction is the fault of the Contractor and is not attributable to the
<br />that clearly evidence the continuation of all coverage in the same manner, limits of protection, and
<br />Contractor acknowledges and agrees that the Contract Documents are adequate and sufficient to
<br />areas used, the placing of sheds, trailers, offices and storage of materials shall be done by the
<br />purchase order or other arrangement ("Arrangement") for the furnishing of any portion of the
<br />Architect, the additional Contract Administration shall be regarded as
<br />scope of coverage, as was provided by the Certificates of Insurance and amendatory riders or
<br />.
<br />provide for the completion of the Work, and include all work, whether or not shown or described, which
<br />Contractor.
<br />materials, services, equi ment or Work with an a o ty' p rfy ty'
<br />p y p rfy r enti if such a or enti is an Affiliated
<br />Additional Services for which the Architect shall be entitled to ne otiate additional com ensation
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<br />endorsements on mall su lied to the Owner. The Certificates of Insurance shall contain a
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<br />reasonably maybe inferred to be required or useful for the completion of the Work in accordance with
<br />Entity (as defined below), unless such Arrangement has been approved by the Owner, after full
<br />based on the Architect's published hourly rate,
<br />requirement that the Owner will be notified, by certified mail, of cancellation or modification of the
<br />all applicable laws, codes and professional standards.
<br />3.15.1 ADD the following at the end of the Subparagraph:
<br />disclosure in writing by the Contractor to the Owner of such affiliation or relationship and all details
<br />coverage of at least thirty (30) days before the effective date of any cancellation or modification and
<br />D ':
<br />relating to the proposed Arrangement.
<br />REFER TO: ARTICLE 9 - PAYMENTS AND COMPLETION
<br />that no other form of notification will otherwise relieve the insurer, its agents, or representatives of liabili
<br />1.1.5 ADD the words "and Shop Drawings" after the word Drawing on the first line.
<br />The Contractor shall maintain streets and sidewalks around the Project site in a clean condition. The
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<br />Contractor shall use its best efforts to remove all spillage and tracking arising from the performance of
<br />5.3.3.1 The term "Affiliated Entity" means any entity related to or affiliated with the Contractor or with
<br />9.2 DELETE the Subparagraph in its entirety and SUBSTITUTE the following:
<br />1 1.3.3 DELETE the Subparagraph in its entirety.
<br />® ® .
<br />1.2.3 ADD the following sentence to the end:
<br />the Work from such areas, and shall establish a regular maintenance program (at least twice per week)
<br />res ect to which the Contractor has direct or indirect ownership or control, includin without limitation,
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<br />of sweeping and hosing to a minimum accumulation of dirt and dust upon such areas. No waste
<br />any entity owned in whole or part by the Contractor; any holder of more than 10% of the issued and
<br />9.2.1 Within seven (7) days from the date of the notification of selection for the award for the Contract for the
<br />1 1.5 DELETE the Paragraph in its entirety and SUBSTITUTE the following;
<br />, , , . a „ _
<br />In the event that there are other words or terms that need clarification within Contract Documents,
<br />material or rubbish shall be buried or burned on the site.
<br />outstanding shares of, or the holder of any interest in, the Contractor; any entity in which any officer,
<br />Work, but in no event later than the Preconstruction Conference, the Contractor shall submitto the Architect a
<br />_
<br />reference and authority will be "Glossary of Construction Industry Terms," latest edition, published by The
<br />director, employee, partner or shareholder (or member of the family or any of the foregoing persons) of
<br />completely itemized Schedule of Values which shall reflect the cost of each subdivision of work of each
<br />Specification Section with each major item of the Work and each subcontracted item of the Work shown as a
<br />11.5.1 The Owner shall have the right to require the Contractor to furnish bonds, in compliance with
<br />American Institute of Architects•
<br />3.18.3 ADD the following to Subparagraph(s):
<br />y ty y the Contractor as a direct or indirect interest, which interests
<br />the Contractor or an enti owned b
<br />separate line item on the Continuation Sheet, AIA Document G703. The sum of all Schedules of Values shall
<br />Section 255.05, Florida Statutes, covering faithful performance of the Contract and payment of
<br />3.18.4 The Contractor hereby acknowledges the receipt of One Hundred Dollars (S 100.00) and other
<br />includes, but is not limited to, that of a partner, employee, agent or shareholder.
<br />equal the Contract Sum. If requested, the Contractor shall submit substantiating data. The Architect will review
<br />obligations
<br />arising thereunder as stipulated in bidding requirements or specifically required in the Contract
<br />STATE OF FLORIDA - _
<br />1.2.4 ADD the following to Subparagraph(s):
<br />ood and valuable consideration as art of the Contract Sum from the Owner and acknowled es the
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<br />5.4.1.1 INSERT immediately after the words "Paragraph 14.2" the words "or stoppage of the Work by
<br />and approve the Schedule of Values and unless objected to by the Architect, shall be used only as a basis for
<br />the Contractor's Application for Payment.
<br />Documents
<br />REGISTERED ARCHITECT 4:
<br />Z
<br />L24 If and to the extent that an �
<br />y part of the Contract Documents conflict, the documents shall be
<br />receipt of One Hundred Dollars (S 100,00) and other good and valuable consideration from the Architect
<br />Owner ursuant to Sub ara ra h 2.3. I ,".
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<br />on the date of execution of the Contract.
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<br />interpreted by the Architect who shall assign priority based on the intent of the Contract Documents.
<br />which has been paid to him as specific consideration for the indemnification provided herein. The
<br />"Hold
<br />9.3.1.3 ADD the followin to Sub ara ra h s
<br />9 P g P ()
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<br />- > -_
<br />ROBERT A. GLISSON Z
<br />',
<br />Contractor's policy shall provide the Harmless" rider and it shall be so noted on the Contractor's
<br />5.4.2 DELETE the Sub ara ra h.
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<br />11.5.2 Such bonds shall be i issued on the s ecified forms and b a sure reasonabl acce table to
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<br />REFER TO: ARTICLE 2 OWNER
<br />Certificate of Insurance•
<br />9.3.1.3 Such A lication for Pa ment shall be certified as correct b Contractor and shall be accom anied b
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<br />Owner, a submitted to Owner fora
<br />(") pproval as to form, (iii) name the Owner, as obligee (vi) shall be in
<br />AR0015123 3 m
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<br />5,5 ADD the following to Subparagraph(s):
<br />waivers of liens and other documentation from Subcontractors and Sub -Subcontractors as reasonably may
<br />an amount equal to at least 100% of the Contract Sum (as the same may be adjusted from time to time
<br />3 ;::
<br />2.1.2 DELETE the Subparagraph in its entirety.
<br />3.19 ADD the following to Subparagraph(s):
<br />be required by the Owner.
<br />pursuant to the Contract), and (v) contain a specific provision holding the surety liable for any
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<br />5.5 PAYMENTS TO SUBCONTRACTORS
<br />consequential delay damages, liquidate or unliquidated, caused by the Contractor's breach under the
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<br />2.2.1 DELETE the Subparagraph in its entirety. I
<br />3.19 REPRESENTATIONS AND WARRANTIES
<br />• 1 Upon signing the Applications for Payment, the Contractor certifies: (i) that there are no written
<br />Contract. The Contractor shall deliver the executed, approved bonds to the Architect for approval no
<br />5.5.1 The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, and
<br />claims of mechanics', materialmen's or construction liens submitted to the Contractor at the date
<br />later than seven (7) calendar days following the execution of the Agreement. Notwithstanding any
<br />2.3.1 DELETE the word " ersistentl " in the first sentence of Sub ara ra h 2.3.1 • In addition, DELETE the
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<br />3.19.1 The Contractor re resents and warrants the followin to the Owner in addition to the other
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<br />amount equal to the percentage of completion allowed to the Contractor on account of such
<br />m such Application for Payment; (ii) that the Contractor has no knowledge of any filled
<br />mechanics', materialmen's or construction liens with respect to the Work; (iii) that all due and
<br />provision of Florida Statues or language of the bond, the statute of limitation for actions against the
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<br />clause exce t to the extent re wired b Sub ara ra h 6.1.3, at the end of Sub ara ra h 2.3.1, and
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<br />representations and warranties contained in the Contract Documents , as an inducement to the Owner
<br />)
<br />Subcontractor s Work, less the agreed percentage retained from payments to the Contractor.
<br />payable bills with respect to the Work have been paid to date or shall be paid from the
<br />surety due to the alleged nonperformance (other than the delivery of labor or materials) of the
<br />ADD at the end of Sub ara ra h 2.3.1 the followin
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<br />to execute the Agreement, which representations and warranties shall survive the execution and delivery
<br />proceeds of such Application for Payment; (iv) that there is no known basis for filing of any
<br />Contractor shall be the same length of period as the statute of limitation for actions against the
<br />of the A reement and final com letion of the Work:
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<br />REFER TO: ARTICLE 7 - CHANGES IN THE WORK
<br />mechanics', materialmen's or construction liens on the property of the Owner or againstthe
<br />Contractor.
<br />"This right shall be in addition to, and not in restriction or derogation of, the Owner's rights under
<br />sureties on the bonds; and (v) that waivers from all Subcontractors constitute and effective waiver
<br />Paragraph 12.2."
<br />1 That Contractor is financially solvent, able to pay his debts as they mature and possessed of
<br />7.1.4 ADD the followin to Sub ara ra h s
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<br />of lien under the laws of the urisdiction in which the Pro ect is located to the extent of a menu
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<br />1 1.5.3 The costs of all bonds required under this Paragraph 1 1.5 shall be included in the Contract Sum.
<br />sufficient working capital to complete the Work and perform his obligations under the Contract
<br />that have been made or are to be made concurrently with payment pursuant to such
<br />REFER TO: ARTICLE 3 - CONTRACTOR
<br />Documents.
<br />7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities
<br />Application for Payment.
<br />1 1.5.4 The Owner shall have the right to waive any bonds required to be provided under this Paragraph
<br />originally contemplated are so changed in a proposed Change Order or Construction Change
<br />3.2.4 ADD the following to Subparagraph(s):
<br />2 That Contractor is able to furnish the plant, tools, materials, supplies, equipment and labor
<br />Directive that a lication of such unit rices to uantities of Work ro osed will cause substantial
<br />PP � p q p p
<br />11.5, in which event the amount of the remium of an such waived bond, if included in the Contract
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<br />required to complete the Work and perform his obligations hereunder and has sufficient
<br />inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted.
<br />9.3,2 DELETE the Subparagraph in its entirety and SUBSTITUTE the following:
<br />Sum, shall be deducted from the Contract Sum by appropriate Change Order•
<br />3.2A The Contractor shall examine the project site to make certain that conditions are acceptable for
<br />the Work and to determine proper location for storage, handling and access• Review conditions with all
<br />experience and competence to do so.
<br />7.1.5 The Owner or Architect, without invalidating the Contract, may at anytime request proposals for
<br />9.3.2 Delivered and/or stored materials not incorporated in the work -in -place, will not be certified for payment.
<br />11.5.5 Upon the request of any person or entity appearing to be a potential beneficiary of any of the
<br />parties involved and obtain all necessary approvals for storage locations, scheduling and methods of
<br />3 That Contractor n authorized do business in the State Florida and properly licensed by all
<br />antici ated chan es in the Work, Pro osal Re uests are for information onl and are not an order fora
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<br />9.3.3 DELETE the words "security interests" in the last sentence•
<br />bonds required under this Para ra h 11.5, the Contractor shall rom tl furnish a co of the bonds or
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<br />operation. Any unacceptable conditions shall be reported immediately to the Architect and confirmed
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<br />necessary governmental and public and quasi public authorities having jurisdiction over him and
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<br />chan e in the Work or an order to sto Work in an area in which a chan e ma be antici ated. The
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<br />shall ermit a co thereof to be made and delivered to such erson or enti The Contractor shall os
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<br />in writing.
<br />over the Work and the site of the Project.
<br />Contractor shall, within ten (10) calendar days from the date of proposal request, provide a written
<br />9.5.3 ADD the following to Subparagraph(s):
<br />proposal for the anticipated change in the Work in accordance with the provisions of Paragraph 7.1,6
<br />at the Project site copies of all bonds and such other papers as required by the law•
<br />3.2.5 The Owner warrants that the grounds, paving and parking areas, exterior lighting, buildings,
<br />4 That Contractor's execution of the Agreement and his performance thereof os within his duly
<br />and 7.1.7.
<br />9.5.3 Notwithstanding anything to the contrary contained in the Contract Documents, the Owner may withhold
<br />equipment and interiors are in an acceptable and well maintained condition prior to the start of this
<br />authorized powers.
<br />7.1.6 The cost of all changes in the Work, defined as "Cost of the Work," shall be substantiated by
<br />any paymentto the Contractor hereunder if and for so long as the Contractor fails to perform any of its
<br />11.6 ADD the following to Subparagraph(s):
<br />work, and that all equipment is functioning properly Contractor shall inspect all surfaces and grounds
<br />complete itemized statements showing quantities and unit prices for material, labor (including all
<br />obligations hereunder or otherwise is in default under any of the Contract Documents; provided, however, that
<br />C before start of Work. Report prior damage of any kind to Owner and record by photographs and/or
<br />5 That Contractor, including all Subcontractors, has a complete and thorough understanding of the
<br />a licable frin e benefits, defined as "Out of Pocket Labor" e ui ment and other items of cost. Cost of
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<br />such holdback shall be limited to an amount sufficient in the reasonable o inion of the Owner to cure an such
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<br />11.6 MISCELLANEOUS STATEMENTS
<br />written description• Failure to so report and document any unacceptable condition will cause the
<br />Bidding and Construction Documents; has visited the site of the Work; familiarized himself with
<br />labor includin all a licable frin e benefits
<br />(� g pp � g )and material shall be actual costs to the Contractor. The
<br />default or failure of erformance b the Contractor,
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<br />Contractor to be back charged for any remedial work required to bring the property to Owner's
<br />acceptance. Execution of work shall be construed as an acceptance of existing conditions by the
<br />the local conditions under which the Work is to be performed; and correlated his observations
<br />with the requirements of the Contract Documents.
<br />Contractor shall submit recei ts, a rolls, bills, vouchers or other evidences, as the Architect may direct,
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<br />showin his actual costs and his ri hts to the a ment claims.
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<br />9.5.4 The Owner shall not be deemed to be in breach of this Contract by reason of the withholding of any
<br />11.6,1 Anythin in the Contract Documents to the contra notwithstandin and in addition to the
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<br />insurance required to be maintained b the Contractor as herein above set forth, Contractor a rees to
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<br />THE COMMON S
<br />Contractor.
<br />payment pursuant to any provision of the Contract Documents provided the Architect has approved the
<br />indemnify and defend Owner, or his agents, against any and all claims, loss, damage to or destruction
<br />REFER TO: ARTICLE 4 - ADMINISTRATION OF THE CONTRACT
<br />7.1.7 It is agreed that the reasonable allowance for Contractor's "Fee" that may be added to the "Cost
<br />Owner's action or the Work for which payment is being withheld shall have been rejected by any governmental
<br />of
<br />3.2.6 If Contractor elects to move, tiff, store, and reinstall any of the Owner's property, he will become
<br />4.1.2 DELETE the word "Contractor" from the first sentence. DELETE the last sentence.
<br />of the Work" in the work as determined b an of the methods set forth in ara r
<br />y y p g aphs 7.3.3 or 7.3.6.
<br />authority or the Owner.
<br />property including, without limitation, property and employees or Owner occurring wholly or in part, as
<br />the
<br />O N PRETTY PO N D
<br />responsible for the safeguard, reinstallation and restoration to its condition before moving it.
<br />9.6.1 DELETE the Subparagraph in its entirety and SUBSTITUTE the following:
<br />7.1.8 The cost of product, material, service or work, defined as "Cost of the Work," shall be limited to
<br />result of the work done or omitted to be done by, or contracted to be done but not done by, Contractor
<br />3.2.7 Before commencement of Work, the Contractor shall photographically document all existing
<br />4.1.3 DELETE the Subparagraph in its entirety.
<br />the net cost to the Contractor, includin but not limited to: all taxes, fees, ors ecial a rovals or
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<br />9.6,1 Unless otherwise indicated in theAgreement,the Owner shall make paymentto Contractor within thirty
<br />or his Subcontractors or the em to ees or a ents or invitees either arisin from in u or to death of
<br />p y g g J ry
<br />adverse conditions, including existing interior and exterior damage, contamination and stains, that
<br />permissions of any nature, inspections, cost of delivery to site of the work, hoisting, hauling or moving
<br />(30) calendar days after receipt of the certified Application for Payment, and shall so notify the Architect.
<br />persons or
<br />38130 Pretty Pond Road
<br />might possibly be construed as being caused by the Contractor. In the absence of such
<br />4.2.2 DELETE the first two sentences and SUBSTITUTE the following:
<br />e ui ment, e ui ment and or machine
<br />q p q p / ry rental charges directly associated with the work,
<br />dama e
<br />g to or destruction of property due or claimed to be due, in whole or in part, to any negligence
<br />documentation, it will be assumed that
<br />miscellaneous consumable or disposable parts or tools associated with the work, all costs of all
<br />9A8 ADD the following to Subparagraph(s):
<br />or fault of Owner or its employees, agents of invitees, except claims, loss, damage costs or expense
<br />Zephyrhills, FL 33540
<br />all existing conditions are without damage and are fully functional prior to the start of the Work•
<br />4.2.2 The Architect will visit the site and make observations as provided in the Owner/Architect
<br />warranties and uarantees, less any discount for prompt payment or rebate for an action,
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<br />resultin from risks as are herein above re uired to be insured b Owner. The Contractor shall be
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<br />Agreement.
<br />consideration, or purchase, both present and future.
<br />9,6.8 All material and work covered by partial payments made become sole property of Owner, but this
<br />responsible for his Subcontractors to obtain the required insurance prior to commencing work.
<br />3.3.1 ADD immediately after the word "Contract" the first time it appears in Subparagraph 3.3.1 the
<br />provision shall not be construed as relieving Contractor from sole responsibility for care and protection of
<br />words "including coordination of all trades,"
<br />4.2.2.1 ADD the following to Subparagraph(s):
<br />7.3.3 ADD the followin at the end of the first sentence, ", as elected b the Architect:"
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<br />materials and work upon which payments have been made or restoration of any damaged work or as waiver
<br />1 1.6.2 An hin in the General Conditions to the contra of the indemnification obli ations hereb set
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<br />of right of Owner to require fulfillment of all terms of the Contract.
<br />forth shall not be applicable as between Owner and Contractor and any and all references to Owner
<br />3.3.2 ADD the word "any" before the words "other persons."
<br />4.2.2.1 Neither the Architect nor the Owner shall be responsible for compliance with the OSHA
<br />7.3.6 DELETE the Subparagraph in its entirety and SUBSTITUTE the following:
<br />9.7.1 DELETE the Subparagraph in its entirety and SUBSTITUTE the following:
<br />therein are deleted.
<br />(Occupational Safety and Heath Act) or other Federal, State and local regulations for construction as
<br />REFER TO: ARTICLE 12 - UNCOVERING AND CORRECTION OF WORK
<br />3.4.2 DELETE the Subparagraph in its entirety and SUBSTITUTE the following:
<br />required by 10.1.1 and 13.1, and that the terms referring to "employer" within OSHA requirements shall be
<br />7,3,6 If the Contractor does not res and rom tl or disa rees with the method for ad ustment in the
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<br />9.7.1. If the Architect does not issue a Certificate for Payment, or communicate in writing his reason for
<br />constructed to mean the Contractor.
<br />Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of
<br />delay, through no fault of the Contractor, within ten (10) working days after receipt of the Contractor's
<br />12.1.1 DELETE the words "be uncovered for the Architect's observation" and insert in lieu thereof the
<br />3.4.2 Under no other circumstances will substitutions, alternates or "approved substitutions" be
<br />reasonable expenditures and savings of those performing the Work attributable to the change,
<br />a lication for a ment, or if the Owner does not a the Contractor within thirty (30) days after the date
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<br />words "the Owner or any governmental authority, be uncovered for their observation".
<br />„>.v, - �• . • - - _ -
<br />considered after the Bid Opening. All substitution requests must originate with the Contractor and shall
<br />4.2.9 DELETE the words "conduct inspections" from the first sentence of the Subparagraph, and
<br />includin in case of an increase in the Contract Sum, an allowance for Contractor's Fee, sub ect to the
<br />g- 1
<br />established in the Contract Documents, or another date previously agreed upon in writing, the amount certified
<br />be accompanied with submittals and comparisons as stated the General Requirements. Requests from
<br />SUBSTITUTE the words "observe the Work".
<br />limitations listed in Subparagraph 7.3.6.1. In such case, and also under Subparagraph 7.3.3, the
<br />by the Architect, then the Contractor may, upon seven (7) additional days written notice to the Owner and the
<br />12.1.2 INSERT after the word "Architect", the first time it appears in Subparagraph 12.1.2 the words,",
<br />subcontractors, distributors, suppliers and/or manufacturers will not be considered.
<br />Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting
<br />Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be
<br />Owner or any governmental authority".
<br />4.2.11 DELETE the words decide matters from the first sentence of the Subparagraph, and
<br />together with appropriate supporting data.
<br />extended and the Contract Sum shall be increased by the amount of the Contractor's reasonable cost of
<br />'
<br />3.4.3 ADD the following sentence to the end:
<br />SUBSTITUTE the words "provide recommendations". In addition, DELETE the word "under" from the first
<br />shut -down, delay and start up, which shall be effected by appropriate Change Order in accordance with the
<br />12.2.1.1 INSERT after the word "Architect", the first time it appears in Subparagraph 12.1.2 the words,",
<br />sentence of the Subparagraph, and SUBSTITUTE the words "of the Owner and Contractor". ADD the
<br />7.3.7 DELETE the last sentence in the Subparagraph and INSERT the following: "When both additions and
<br />provisions stipulated in Article 7•
<br />Owner or any governmental authority".
<br />Should the Architect or Owner find any persons) employed on the project to be incompetent, unfit, or
<br />following sentence directly after the first full sentence of the Subparagraph: "The Architect shall also be
<br />credits covering related Work or substitutions are involved in a change, the allowance for a Contractor's
<br />otherwise objectionable for his duties and so certifies the facts to the Contractor, the Contractor shall
<br />the initial interpreter of the Contract Documents when necessary to clarify any term, provision or
<br />Fee shall be figured on the basis of net increase, if any, with respect to that change".
<br />9.8.6 ADD the following to Subparagraph(s):
<br />12.2.1.2 ADD the following to Subparagraph(s):
<br />immediately cause the employee to be dismissed and said employee shall not be re-employed on this
<br />project without written consent of the Architect or Owner.
<br />condition thereof."
<br />7.3.7.1 ADD the following to Subparagraph(s):
<br />9,8.6 Upon application by the Contractor and certification by the Architect, the Owner shall make payment
<br />fleeting d' in for thereof follows:
<br />12.2.1.2 The Contractor shall furnish Owner his written guarantee and warranty in accordance with this
<br />g
<br />4.2,12 ADD the words and in the absence of negligence at the end of the Subparagraph,
<br />r e a Justments retainage o ortio as
<br />such work r p n
<br />Subparagraph and secure all written guarantees and warranties called for in the Contract Documents.
<br />: ,�- �.,- '
<br />3.4 4 ADD the followin to Sub ara ra h s :
<br />g p g p ()
<br />i
<br />7.3.7.1 No claim for extra time or cost will be allowed unless same was done pursuant to a written
<br />1 In addition to any other retainage, the Owner will withhold three (3) times the value of any
<br />O P R , � T j` O N
<br />4.3.4.1 ADD the following to Subparagraph(s):
<br />order of the Architect and claim resented with first A lication for Pa ment after chan ed or extra
<br />p pp y g
<br />uncompleted work.
<br />12.2.1.3 If within an uarantee eriod, re airs or chan es are re uired in connection with uaranteed
<br />Y g p p g q g
<br />3.4.4 All manufactured articles, materials and equipment shall be installed according to manufacturer's
<br />work is done.
<br />work, which in opinion of Architect is rendered necessary as result of use of materials, equipment or
<br />directians unless otherwise indicated.
<br />4.3.4.1 Notwithstanding anything in the Contract Documents to the contrary, the Contractor shall not
<br />2 In addition to any other retainage, the Owner will withhold an amount equal to the estimated
<br />workmanship which are defective or inferior or not in accordance with terms of contract the Contractor
<br />receive any adjustments in the Contract Sum or the Contract Time if such unknown or concealed
<br />REFER TO: ARTICLE 8 - TIME
<br />liquidated damages that may be assessed when liquidated damages are included as part of
<br />responsible shall promptly, upon receipt of notice from Owner, and without expense to Owner:
<br />W, , . „°
<br />3.4.5 Materials, products and equipment are specified in one of the following ways:
<br />B
<br />conditions
<br />is:
<br />the Contract.
<br />B
<br />8.1.4 DELETE the Subparagraph in its entirety and SUBSTITUTE the following:
<br />.1 Place in satisfactory condition in every particular all of such guaranteed work and correct all
<br />1 where listed by Manufacturer and trade name with no qualifying statement, listing shall be
<br />•3 In addition to any other retainage, the Owner will withhold an amount equal to the cost of any
<br />defects therein.
<br />interpreted as establishing a standard of quality and shall not be construed as limiting
<br />1 of a usual nature or does not differ materially from those ordinarily encountered and generally
<br />8.1.4 For this contract, the term "da " or "calendar day" shall mean calendar da of 24 hours be mnin
<br />Y y g g
<br />bonds, warranties, or guarantees required by this Project Manual.
<br />competition. Any substitution which in the judgement of the Architect is equal to that listed, may
<br />recognized as inherent in construction activities of the character provided for in the Contract
<br />at
<br />.2 Make good all damage to structures or site, or equipment or content thereof, which, in opinion of
<br />be used when approved in writing in accordance with the Bid Documents;
<br />Documents;
<br />12:01 midnight (0001-hours). The term "working day" shall mean any calendar day except Saturdays,
<br />REFER TO: ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
<br />Architect, is result of use of materials, equipment or workmanship which are inferior, defective,
<br />�
<br />2 located below the surface of the ground and does not differ materially from those generally
<br />Sundays and Federal holidays at place of building.
<br />10.2.7 DELETE the last two words and SUBSTITUTE: "the safety of persons or property•"
<br />or not in accordance with terms of Contract.
<br />.2 where more than one material or manufacturer is named, Contractor has option of selecting any
<br />one of the materials or manufacturers named; and
<br />encountered in the general area in which the site of the Project is located or does not differ
<br />8.2.2 DELETE the Subparagraph in its entirety and SUBSTITUTE the following:
<br />10.2.8 ADD the following to Subparagraph(s):
<br />•3 Make over any work of materials or equipment and contents of structures or sites, disturbed in
<br />materially from conditions encountered in any subsurface investigation completed prior to the
<br />fulfilling any such guarantee.
<br />.3 where material is listed b desert tion orb ASTM or FS numbers, an
<br />y p y y product meeting or
<br />date of the Agreement;
<br />8.22 The Contractor shall not knowin I except b a reement or instruction of the Owner in writin
<br />g Y• Y g g-
<br />10.2.8 Contractor shall protect adjoining private or public property and shall provide barricades,
<br />exceeding requirements of such specification will be acceptable. If requested by Architect
<br />prematurely commence operations on the site or elsewhere prior to the effective date of insurance
<br />temporary fences, and covered walkways required to protect the safety of passers-by, as required by prudent
<br />12.2.1.4 In any case where, in fulfilling requirements of Contract or any guarantee embraced in or
<br />evidence shall be furnished showing that material meets requirements of specifications,
<br />3 not materially different from those conditions disclosed or which reasonably should have been
<br />re uired b Article 11 to be furnished b the Contractor. The date of Notice to Proceed shall not be
<br />q y y
<br />construction ractices, a licable buildin codes, ordinances or other laws, or the Contract Documents,
<br />p pp g
<br />required thereby, Contractor responsible disturbs any work of the Owner or any work guaranteed under
<br />discerned b the Contractor's riot work, ins ection, tests and reviews;
<br />Y p p
<br />changed by the effective date of such insurance,
<br />other contracts, he shall restore such disturbed work to condition satisfactory to Architect and guarantee
<br />3.4.6 When items, materials or equipment are shown on the drawings or are specified as furnished by
<br />10.2.9 Contractor shall maintain Work, materials and apparatus free from injury or damage from rain,
<br />such restored work to same extent as it was guaranteed under such other contract.
<br />Owner,
<br />4 of a nature which the Contractor or any Subcontractor should reasonably know or anticipate
<br />8.2.4 ADD the followin to Subpara ra h s
<br />g g p O�
<br />wind, storms, frost or heat. If adverse weather makes it impossible or commercially impractical to continue
<br />installed by Contractor, the Contractor shall unload, uncrate, assemble, install and connect the item,
<br />based on any of the foregoing; or
<br />operations safely in spite of weather precautions, the Contractor shall cease Work and notify the Owner and the
<br />12,2.2 DELETE all reference to "one year" and SUBSTITUTE the words "two year(s)."
<br />material
<br />8.2.4 The Contractor shall furnish sufficient forces, construction plant and equipment and shall work such
<br />Architect of such cessation. The Contractor shall not permit open fires on the Project site without prior written
<br />or equipment, complete in operating order.
<br />•5 present in the existing premises and does not differ materially from those conditions generally
<br />hours, including night shifts, weekends work where permitted, and overtime operations as may be
<br />permission of the Owner.
<br />12.3.2 ADD the following to Subparagraph(s):
<br />encountered in buildings of similar type and character, given the age of the premises, the
<br />necessary to ensure progression of work in accordance with the Contractor's construction schedule. The
<br />-
<br />10/15/13
<br />PERMIT SET
<br />3.4.7 The Contractor or his subcontractors shall not discriminate in hiring or any matter of employment
<br />renovations made to and in it from time to time and construction ractices revalent in the
<br />p p
<br />Contractor shall take such steps as may be necessary, or as may be required by the Owner, by
<br />10.2.10 In addition to its other obligations pursuant to this Article 10, the Contractor shall, at its sole cost and
<br />o e
<br />expense, promptly repair any damage or disturbance to streets, walls, utilities, sidewalks, curbs, and the pr p hY
<br />12.3.2 If, in the opinion of the Architect, it is not practical to remove and/or replace the Work at the time
<br />b reason of a e, marital status, handica sex, race, color, reli ion, ancest or national on in.
<br />Y g p• g ry• g
<br />industry at the time of the construction and renovation of the existing premises, or if none are
<br />the Contractor, in the
<br />increasing the number of personnel, the number of shills, weekend work where permitted, overtime
<br />of third parties (including governmental entities) resulting from the performance of the Work, whether by it or by
<br />of a lication for a ment the Architect will direct one of the followin remedies:
<br />pp p y g
<br />Mark
<br />Date
<br />Desert doll
<br />p
<br />Submission of a bid on this project is implied acceptance of the inclusion of this clause and all Contract
<br />discernible construction practice actually used construction and
<br />o erations, da s of work, and the amount of construction, in order to achieve Substantial Com letion
<br />p Y p
<br />it Subcontractors at any tier• The Contractor shall maintain streets, thoroughfares, sidewalks, and bicycle paths in
<br />Documents.
<br />h
<br />renovation thereof.
<br />within the Contract Time, at no additional cost to the Owner.
<br />good repair and traversable condition.
<br />.1 The defective Work may remain, but the unit sum/price will be reduced fifty percent (50%) or an
<br />Issue/Revision Revision
<br />amount at the discretion of the Architect.
<br />3.4.8 Material shall be arranged and maintained in orderly manner with use of walks, drives roads and
<br />4.6 DELETE the Subparagraph in its entirety.
<br />8.2.5 Dili ent Prosecution, The Contractor shall rosecute the Work re ularl dill entl and
<br />9 p g Y• 9 Y
<br />REFER TO: ARTICLE 11 -INSURANCE
<br />Project ID 13016
<br />entrances unencumbered Store, place and handle material and equipment delivered to project site so
<br />uninterruptedly at such rate of progress as will insure full completion thereof within the time specified.
<br />.2 The defective Work will be partially repaired to the instructions of the Architect, and the unit
<br />CAD File Name Filename
<br />as to preclude inclusion of foreign substances or causing of discoloration. Pile neatly and completely
<br />REFER TO: ARTICLE 5 - SUBCONTRACTORS
<br />11.1.2 ADD the following sentence at the end of the Subparagraph:
<br />sum/price will be adjusted to a new sum/price at the discretion of the Architect.
<br />Drawn By APM
<br />and barricade to protect public from injury. Protect material as required to prevent moisture absorption
<br />8.3.1 DELETE the Subparagraph in its entirety and SUBSTITUTE the following:
<br />or damage from weather or the ground• Should it be necessary to move material at any time, or move
<br />5.3.2 ADD the following to Subparagraph(s):
<br />Such coverages shall be maintained by insurance carriers acceptable to Owner in all respects with a
<br />12.3.3 The authori of the Architect to assess the defect and identi a ment ad ustment, is final.
<br />h' fY p Y J
<br />Reviewed By JS
<br />sheds or storage platforms, Contractor shall move them as and when required at no additional cost to
<br />8.3.1 If the Contractor is delayed at any time in the progress of the Work by any actor neglect of the
<br />minimum rating by the most recent Bests Rating Classification of Class IV for the required amounts less
<br />Plot Date: 00 00 00
<br />/ /
<br />the Owner The Owner assumes no responsibility for materials stored in building or site. The Contractor
<br />5.3.2 Subcontract Form• Notwithstanding any provision of subparagraph 5.3.1, any part of the Work
<br />y y p y y y parate Contractor em to ed b the
<br />Owner or the Architect, orb an em to ee of either, orb an se p Y Y
<br />than
<br />q �� pP P Y �� �
<br />12.3e Reduction of the amount n the a
<br />uhe hi on for a ment does not constitute Owners
<br />shall assume full responsibility for loss or damage due to storing of materials. Repairing of areas used,
<br />performed for the Contractor by a Subcontractor or its Sub -subcontractor shall be pursuant to a written
<br />Owner, orb chan es ordered in the Work, orb labor dis utes, fire, unusual delay in trans ortation,
<br />Y g Y p P
<br />S 1,000,000, Class V for required amounts than more than S 1,000,000 and less than $2,000,000, and Class
<br />C
<br />acce Lance of the Work or release the Contractor from his obit anon to coin lete and or correct the
<br />a m
<br />p g p /
<br />Record Date: 00.00.00
<br />the placing of sheds, offices and storage of materials shall be done by the Contractor.
<br />Subcontract between the Contractor and such Subcontractor (or the Subcontractor and its
<br />adverse weather conditions not reasonably anticipated, unavoidable casualties, or any causes beyond
<br />VI for the required amounts in excess of $2,000.00. If such policies are on a "claims made" basis, they
<br />work before the next application for payment unless specifically agreed by the Architect and processe
<br />Sub -subcontractor at any tier), which shall be prepared on a form of subcontract satisfactory to the
<br />the Contractor's control, or by any other cause which the Architect determines may justify the delay, then
<br />shall
<br />via a Change Order.
<br />Sheet Title
<br />3.5.2 ADD the following to Subparagraph(s):
<br />Owner in all respects. Each such subcontract shall, where the context so requires, contain provisions that:
<br />the Contract Time shall be extended by Change Order for such reasonable time as the Architect may
<br />be maintained by the Contractor for a minimum of four (4) years after the final completion of the Project
<br />--
<br />determine,
<br />and prior to payment of the first Application for Payment the Contractor shall provide to the Owner
<br />REFER TO: ARTICLE 13 -MISCELLANEOUS PROVISIONS
<br />3.5. All warranty and guarantees shall extend for at least two (2) years from the date stated on the
<br />1 require that such Work be performed in accordance with the requirements of the Contract
<br />Documents;
<br />satisfactory proof that such Extended Reporting Period Coverage ( tail) is available if the Contractor
<br />GEN ER O
<br />AL C N DITI ONS I
<br />Certificate of Substantial Completion unless otherwise stated in these specifications and extended for
<br />8.3.1.2 No Cost for Delay To the fullest extent permitted by law, the Owner, Owner's Agents and
<br />should change policies or insurance companies. Furthermore, it is the Contractor's responsibility to insure
<br />13.1.2 ADD the following to Subparagraph(s):
<br />longer periods. All Performance and Payment Bonds shall include the above warranty and guarantee
<br />employees shall not be held responsible for any loss or damage sustained by Contractor, or additional
<br />against those claims for theft, vandalism and other such items which are not specifically addressed
<br />_
<br />provisions.
<br />2 waive all rights the contracting parties may have against one another or that the Subcontractor
<br />costs incurred b Contractor throw h dela caused b Owner, Owner's A ent, or em to ees, or an
<br />Y g Y Y g p Y Y
<br />elsewhere.
<br />13.1.2 Historical lack of enforcement of an law shall not constitute a waiver of Contractor's res onsibili
<br />Y p tY
<br />A
<br />may have against the Owner for damages cased by fire or other perils covered by the insurance
<br />other Contractor or Subcontractor, or by abnormal weather conditions or by any other cause, and
<br />for compliance with such law in a manner consistent with the Contract Documents unless and until the
<br />_
<br />3.6.1 ADD the following sentence to the end:
<br />described in the Contract Documents;
<br />Contractor agrees that the sole right and remedy therefor shall be an extension of time.
<br />11.1.4 ADD the following to Subparagraph(s):
<br />Contractor has received written consent for the waiver of such compliance from the Owner and the
<br />agency
<br />Contractor shall pay unemployment and Social Security taxes or other taxes imposed by Local, City,
<br />.3 require the Subcontractor to carry and maintain insurance coverage in accordance with the
<br />8,3.1,3 All requests for time extensions must be submitted to the Architect with each pay request and
<br />11.1.4• If the Contractor fails to purchase or maintain or require to be purchased and maintained the
<br />responsible for the law enforcement.
<br />State or Federal Government and certify to the Owner that this has been done before final payment is
<br />Contract Documents, and file certificates of such coverage with the Contractor;
<br />�
<br />shall remain on file until the first Chan e Order is rocessed or until such time that it becomes necessa
<br />g p ry
<br />liability insurance required herein, the Owner may (but shall not be obligated to) purchase such
<br />made to the Contractor.
<br />because of the lack of Contract Time. It shall be the responsibility of the Contractor to submit each
<br />insurance on the Contractor's behalf and shall be entitled to be repaid for any premiums paid upon
<br />13.5.1,1 ADD the following to Subparagraph(s):
<br />SHEET SCALE: NTS
<br />4 require the Subcontractor to submit certificates and waivers of liens for work completed by it and
<br />months request for time extensions. No consideration will be given for additional Contract Time after the
<br />demand.
<br />3.9.2 ADD the following to Subparagraph(s):
<br />by its Subcontractors as a condition to the disbursement of the progress payment next due and
<br />month) certificate of a ment is received b the Architect, unless otherwise a reed in writin b
<br />Y p Y Y 9 g Y
<br />13.5.1.1 All materials and e ui ment used In construction of the ro ect shall be sub ect to ade uate
<br />q P p J 1 q
<br />'
<br />Drawing No.
<br />owing;
<br />Architect and Owner,
<br />11.1.5 The Contractor shall file Certificates of Insurance, acceptable to the Owner, prior to the start of
<br />ins ection and testin in accordance with acce ted standards, The laborato or ins ec
<br />p g � p ry p Lion agency
<br />3.9.2 The Contractor's Superintendent shall not be removed from the project before the issuance of the
<br />any construction. Certificates shall bear original signatures and the raised seal of the agent, surety,
<br />shall be selected by the Architect. Materials of construction, particularly those upon which the strength
<br />certificate of substantial completion without the written consent of the Owner.
<br />•5 require submission to Contractor or Subcontractor, as the case may be, of applications for
<br />8,3,21 ADD the following to Subparagraph(s):
<br />authorized representative, "attorney in fact", or Florida Resident Agent.
<br />and durability of the structures may depend, shall be subject to inspection and testing to establish
<br />payment in a form approved by the Owner, together with clearly defined invoices and billings
<br />conformance with specifications and suitability for uses intended.
<br />3.9.3 The list of all supervisory personnel, including the project manager and superintendent, that the
<br />Contractor intends to use on the Project and a chain -of -command organizational chart shall be
<br />supporting all such applications under each subcontract to which the Contractor is a party;
<br />8.3.2.1 The followin will not be considered ustification for the extension of time: 1 Dela caused b
<br />g 1 C) Y Y
<br />Subcontractors or Suppliers unless due to one of the clauses stated in Article 8; (2) Shortage of workers;
<br />1 l.l.b The Owner and the Architect shall be named as Additionally Insured (AI) with the Contractor in
<br />the liability insurances to the limits specified in Article 11.1.1. AI coverage shall be ISO Standard.
<br />_
<br />G 5
<br />submitted to the Owner for approval. The Contractor shall not engage supervisory personnel or utilize an
<br />b report, so far as practicable, unit prices and any other feasible formula for use in the
<br />(3) Inadequate lead-time for delivery of materials specified; or (4) Negligence on the part of the
<br />Manuscript AI Endorsements are not acceptable. It shall be the responsibility of the Contractor to
<br />,1
<br />organization and chain -of -command other than as approved by Owner in writing, and shall not change)
<br />determination of costs of changes in the Work;
<br />Contractor.
<br />maintain the proper AI endorsements.
<br />such personnel or form of organization without the written approval of the Owner.
<br />5
<br />4
<br />3
<br />2
<br />1
<br />
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