A201-2017_Supplemental_Conditions_10-3-25.pdf

SPECIAL AND SUPPLEMENTAL CONDITIONS

AIA A201-2017 GENERAL CONDITION OF THE CONTRACT FOR CONSTRUCTION

THE FOLLOWING ARE MODIFICATIONS, ADDITIONS, AND DELETIONS

ARTICLE -1 The Contract Documents

SC 1.1.1 Delete paragraph 1.1.1 in its entirety and insert the following in its place:

The Contract Documents are enumerated in the Agreement between the Owner and Contractor

(hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, Project Manual and the Bid or Proposal Documents prepared and submitted by the Owner and the Contractor's Bid or Proposal submitted by the Contractor, to the extent they do not conflict with the terms of the Agreement, and any other documents listed in the

Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction

Change Directive, or (4) a written order for a minor change in the Work issued by the Architect.

Unless specifically enumerated in the Agreement, the Contract Documents include the advertisement or Invitation to bid, Instructions to Bidders, Required Bid Forms, sample forms, Sample of County and Contractor Agreement and other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding or proposal requirements. The contract documents identified in this Section shall prevail in case of an inconsistency with subsequent versions made through manipulable electronic operations. In the absence of individual signatures by Owner and Contractor the Contract

Documents identified in the signed contract prevail.

SC 1.1.2 Delete the words “The Contract may” in the third sentence and replace with “After execution of the Original Contract Documents the contract may thereafter”

Add the word “written” before the word “Modification” in the third sentence.

SC 1.1.3 Add the following to end of the paragraph: “The Work shall include the obligation of the Contractor to visit the site of the project prior to submitting a Bid/proposal. Such site visit shall be for the purpose of familiarizing the Contractor with the conditions as they exist and the character of the operations to be carried under the Contract Documents, including, all existing site conditions, access to the site, physical characteristics of the site and surrounding areas”.

SC 1.3 Capitalization: Add the following to end of paragraph “and documents published by Owner.”

SC 1.8 Building Information Models Use and Reliance: First sentence, delete the following “without agreement to written protocols governing the use of, and reliance on, the information contained in the model”

ARTICLE – 2 OWNER

2.3 Information and Services Required of the Owner

SC 2.3.6 Delete the word “Copy” on first line and replace with the following “Electronic Copy in PDF

Format”

ARTICLE – 3 CONTRACTOR

3.1 General

SC 3.1.1 Delete the words on the 2nd and third line “if required in the jurisdiction”

3.18 Indemnification

SC 3.18.1 Delete 3.18.1 in its entirety and insert the following in its place:

Contractor shall indemnify save and hold harmless Owner and Engineer and Architect, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of contractor and persons employed or utilized by Contractor, including any subcontractors, in the performance of the construction contract. Neither Contractor nor any of its agents will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Owner or any of its officers, agents, or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any similar provision of law. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Owner, any sums due Contractor under this Agreement may be retained by Owner until all of Owner’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by Owner.

ARTICLE – 7 CHANGES IN THE WORK

7.2 Change Orders

SC 7.2.1 Add the following new paragraph immediately after paragraph GC 7.2.1

7.2.2 If Owner identifies any additional Work to be provided by Contractor that is not covered under the original Agreement, such additional Work, contract sum and contract time shall be made a part of this Agreement by a written Amendment.

ARTICLE – 8 TIME

8.3 Delays and Extension of Time:

SC 8.3.1 Delete item No. “(4)” in its entirety.

ARTICLE – 9 PAYMENTS AND COMPLETION

9.3 Application for Payment

SC 9.3.1 Delete “if required” located on the third line

SC 9.3.2 Delete 9.3.2 in its entirety.

SC 9.7 Failure of Payment

Replace with the following: “If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established by Chapter

218, Part VII of the Florida Statutes “Local Government Prompt Payment Act” defined in the

Contract Document, the amount certified by the Architect, then the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately, and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents.”

9.10 Final Completion and Final Payment

SC 9.10.2 Replace 9.10.2 with the following:

Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract

Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, (6) Original

Contractor’s set of As-Built documents and O&M Manuals for the Project, (7) All certifications and site surveys required to close out site permits, and (8) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees.

ARTICLE 11 INSURANCE AND BONDS

11.1 Contractor’s Insurance and Bonds

SC 11.1.4 Delete 11.1.4 in its entirety, see insurance requirements in the Contract documents and the

Agreement between Owner and Contractor.

Add the following new paragraph immediately after Paragraph 11.1.4.

SC 11.1.5 The Bonds shall be in the form prescribed in Section 255.05 Florida Statutes. The rating of the surety company shall be rated A.M. Best’s Rating of A-, VI or better. The surety company executing the Bonds must be authorized to transact business in the State of Florida. Attorney-in-

Fact who signs the Bonds must file with each Bond a certified and effective date copy of their

Power of Attorney. The Bonds must show the name, address and phone number of the

Vendor/Contractor, Surety Company, and County. Furthermore, the Bonds must indicate the Bid

Number, a general description of the project, and the address of the Project Site.

11.2 Owner’s Insurance

SC 11.2.1 Delete 11.2.1 in its entirety

SC 11.2.2 Delete 11.2.2 in its entirety.

SC 11.2.3 Delete 11.2.3 in its entirety.

11.3 Waiver of Subrogation

SC 11.3.1 Delete 11.3.1 in its entirety, see insurance requirements in the Contract documents and the

Agreement between Owner and Contractor.

SC 11.3.2 Delete 11.3.2 in its entirety, see insurance requirements in the Contract documents and the

Agreement between Owner and Contractor.

11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance

Delete 11.4 in its entirety

11.5 Adjustment and Settlement of Insured Loss

SC 11.5.1 Delete last Sentence in 11.5.1 “The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and

Contractor shall make payments to their consultants and Subcontractors in similar manner.”

SC 11.5.2 Delete 11.5.2 in its entirety

ARTICLE 13 MISCELLANEOUS PROVISIONS

13.1 Governing Law

SC 13.1 Delete 13.1 in its entirety and replace with the following

“The Agreement shall be governed in accordance with the laws of the State of Florida. In the event of litigation with respect to the obligation of the parties to the Agreement, the jurisdiction and venue of such action shall be an appropriate State Court in Citrus County, Florida.”

13.4 Tests and Inspections

SC 13.4.1 Delete 13.4.1 in its entirety and replace with the following:

“Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract

Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and Contractor shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Contractor shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Contractor shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require.”

SC 13.4.2 Delete 13.4.2 I its entirety and replace with the following:

“If the Architect, Owner, or public authorities having jurisdiction determine that portions of the

Work require additional testing, inspection, or approval not included under Section 13.4.1, the

Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the

Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Contractor’s expense.”

ARTICLE 15 CLAIMS AND DISPUTES

15.1 Claims

SC 15.1.3 Notice of Claim

Delete 15.1.3 in its entirety

SC 15.1.7 Waiver of Claims for Consequential Damages

Delete 15.1.7 in its entirety.

15.2 Initial Decision

SC 15.2.1 Delete 15.2.1 in its entirety.

SC 15.2.2 Delete 15.2.2 in its entirety

SC 15.2.3 Delete 15.2.3 in its entirety

SC 15.2.4 Delete 15.2.4 in its entirety

SC 15.2.5 Delete part of last sentence that reads “on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution”. Add a period (.) after

“final and binding”.

SC 15.2.6 Delete 15.2.6 in its entirety.

SC 15.2.6.1 Delete 15.2.6.1 in its entirety.

15.3 Mediation

SC 15.3.1 Delete 15.3.1 in its entirety

SC 15.3.2 Delete 15.3.2 in its entirety

SC 15.3.3 Delete 15.3.3 in its entirety

SC 15.3.4 Delete 15.3.4 in its entirety

15.4 Arbitration

SC 15.4.1 Delete 15.4.1 in its entirety

SC 15.4.1.1 Delete 15.4.1.1 in its entirety

SC 15.4.2 Delete 15.4.2 in its entirety

SC 15.4.3 Delete 15.4.3 in its entirety

15.4.4 Consolidation or Joinder

SC 15.4.4.1 Delete 15.4.4.1 in its entirety

SC 15.4.4.2 Delete 15.4.4.2 in its entirety

SC 15.4.4.3 Delete 15.4.4.3 in its entirety