Supplementary_Conditions.pdf

City of Debary – Rob Sullivan Park Irrigation Maintenance Barn (Bid # 05-15)

SECTION 00800

SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement the “Standard General Conditions of the Construction Contract”, prepared by Engineers Joint Contract Documents Committee (EJCDC), Copyright © 2002. All provisions of the General Conditions, which are not so amended or supplemented in these Supplementary Conditions remain in full force and effect.

SC-1.01.A.9 Defined Terms

Delete the definition “Change Order” in its entirety and replace it with the following:

9. Change Order - A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement, and which represents a full accord and satisfaction of all costs of whatever nature, direct or indirect, arising from or related to the addition, deletion, or revision, including, without limitation, its impact on unchanged base contract work.

SC-1.01.A.37 Defined Terms

Delete the definition “Resident Project Representative” in its entirety and replace it with the following:

37. Resident Project Representative - The authorized representative of the Owner or Engineer who is assigned to the site or any part thereof.

SC-1.02.G Terminology

Add the following terminology clarification to Paragraph 1.02 of the

General Conditions:

G. The word "Plans" when used in the Contract Documents shall have the same meaning and be used interchangeably with the word "Drawings".

SC-1.02.H Terminology

Add the following terminology clarification to Paragraph 1.02 of the

H. The words "Subcontractor" and "Supplier" are sometimes used interchangeably in the Contract Documents and when used shall mean either Subcontractor or Supplier as defined herein or both Subcontractor and Supplier as defined herein.

SC-2.02.A Copies of Documents

In the first sentence of Paragraph 2.02.A of the General Conditions, delete the word "ten" (10) and add the word "five" (5) copies.

SC-2.03.A Commencement of Contract Times: Notice to Proceed

Delete Paragraph 2.03.A of the General Conditions in its entirety and

A. At the Owner’s discretion, a Notice to Proceed may be given at any time within thirty days after the effective date of the Agreement. The Contract Time will commence at the time specified in such notice provided that the Notice to Proceed may not specify a time of commencement later than sixty days after the effective date of the Agreement.

SC-2.07.A.1 Initial Acceptance of Schedules

Add the following to the end of Paragraph 2.07.A.1 of the General Conditions:

Under no circumstances whatsoever shall Contractor be entitled to compensation based upon a right to finish early prior to the Contract Time.

SC-3.01.D Contract Documents, Intent

Add the following to Paragraph 3.01 of the General Conditions:

D. The various contract documents shall be given precedence, in case of conflict, error or discrepancy, as follows: Change Order, Agreement, approved Schedule of Values, addenda, Supplementary Conditions, General Conditions, the Project Manual, FDOT Specifications, Contract Drawings, and Contractor’s Bid. An addendum issued prior to bid, may modify any of the contract documents in existence at that time. The addendum takes precedence over the previous issue of the contract document being modified. In case of conflict between the Contract Documents, the Contract Document first listed shall have priority over any Contract Document later in the list.

SC-3.03.A.1 Before Starting Construction

Add the following sentence to the end of Paragraph 3.03.A.1 of the

By commencing work, the Contractor shall be deemed to have accepted the condition of the site as being in suitable, satisfactory and acceptable condition to perform its work on the Project.

SC-3.06.B Electronic Data

Change the acceptance period for detecting and correcting data in paragraph 3.06.B of the General Conditions from 60 days to 30 days.

SC-3.06.D Electronic Data

Add the following to Paragraph 3.06 of the General Conditions:

D. Transfer of electronic data to a third party by the receiving party is prohibited unless otherwise required by applicable law.

SC-4.02.A-B Subsurface and Physical Conditions

Relating to Paragraphs 4.02.A.1, 4.02.A.2, 4.02.B, 4.02.B.1, 4.02.B.2, and 4.02.B.3 of the General Conditions:

Section 00320, “Site Investigation Data”, of the Project Manual identifies the reports and drawings referred to in Paragraphs 4.02.A.1, 4.02.A.2, 4.02.B, 4.02.B.1, 4.02.B.2, and 4.02.B.3 of the General Conditions. If Section 00320 does not identify specific reports or drawings, then the Engineer may have relied only on local county USDA/SCS soils surveys or other information that is not site specific. Contractor reliance on soil surveys is subject to the same limitations as defined in SC-4.02.B.4.

SC-4.02.B.4 Subsurface and Physical Conditions

Add the following to Paragraph 4.02.B of the General Conditions:

4. The Contractor acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered, including all exploratory work done on behalf of the Owner on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made a part of this Contract, or any other information made available to him prior to receipt of Bids. Any failure by the Contractor to acquaint himself with the available information will not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the Work. The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Owner.

SC-4.03.A.4 Differing Subsurface or Physical Conditions

Delete Paragraph 4.03.A.4 of the General Conditions in its entirety and replace it with the following:

4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents;

then Contractor shall, within seven (7) days after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. Written notice is a precondition to Contractor’s rights under Paragraph 4.03.C.

SC-4.05.B Reference Points

Add the following to Paragraph 4.05 of the General Conditions:

B. The Owner and Engineer reserve the right to periodically check certain layout and grades of the work of the Contractor; however, they are not obligated to do so. The Contractor shall not rely on any such measurements made by the Owner or Engineer. The Contractor is solely responsible to layout and construct to the required grades all work in accordance with the Contract Documents, and any layout and grade work not in conformance with these Documents shall be classified as "Defective Work”.

SC-4.06.G Hazardous Environmental Conditions at Site

Delete Paragraph 4.06.G of the General Conditions in its entirety and

[Deleted]

SC-4.06.J Hazardous Environmental Conditions at Site

Add the following to Paragraph 4.06 of the General Conditions:

J. The Contractor shall be responsible for the legal disposal of any asbestos, PCB’s, petroleum, hazardous waste or radioactive material brought to the site by the Contractor, Sub-Contractors, Suppliers, or anyone else for whom the Contractor is responsible.

SC-5.03.A Certificates of Insurance

The additional insured are as identified in Section 00620, “Insurance Certification.”

SC-5.04.C.1-3 Contractor's Liability Insurance

Add the following to Paragraph 5.04 of the General Conditions:

C. The limits of liability for insurance provided by the Contractor shall conform to those limits set forth in Section 00618 [Insurance Requirements (City of DeBary)].

SC-5.05 Owner's Liability Insurance

Delete paragraph 5.05 in its entirety, including any subparagraphs therein, and replace it with the following:

SC-5.06.A Property Insurance

Delete paragraph 5.06.A of the General Conditions and replace it with the following (subparagraphs A.1 through A.7 shall remain):

A. Unless otherwise provided in these Supplementary Conditions, Contractor shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by law). This insurance shall include the interests of Owner, Contractor and Subcontractors in the Work, shall insure against perils of fire and extended coverage, shall include 'all risk' insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including fees and charges of engineers, architects, attorneys and other professionals). If not covered under the 'all risk' insurance or otherwise provided in these Supplementary Conditions, Contractor shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by Contractor in accordance with Paragraphs 5.6 and 5.7 shall contain a provision that the coverage afforded will not be canceled or materially changed until at least thirty days' prior written notice has been given to the Owner. The Contractor shall maintain such policies of insurance continuously from the date specified in the Notice to Proceed until the Initiation of Operation. This insurance shall:

SC-5.06.B Property Insurance

Delete Paragraph 5.06.B of the General Conditions in its entirety and

B. Contractor shall purchase and maintain such boiler and machinery insurance or additional property insurance as required which will include the interests of Owner, Contractor, subcontractors, Engineer, and Engineer's consultants in the Work, all of whom shall be listed as insured or additional insured parties.

SC-5.06.C Property Insurance

Delete Paragraph 5.06.C of the General Conditions in its entirety and

C. The form of policy for the property insurance provided by the Contractor shall be completed value. If the Owner is damaged by the failure of the Contractor to maintain such insurance, then the Contractor shall bear all reasonable costs properly attributable thereto.

SC-5.06.E Property Insurance

Delete Paragraph 5.06.E of the General Conditions in its entirety.

SC-5.07 Waiver of Rights

Delete paragraph 5.07 in its entirety, including all subparagraphs therein, and replace with the following:

SC-5.08 Receipt and Application of Insurance Proceeds

Delete paragraph 5.08 of the General Conditions in its entirety, including all subparagraphs therein, and replace with the following:

SC-5.10 Partial Utilization Acknowledgment of Property Insurer

Delete paragraph 5.10 of the General Conditions in its entirety, including all subparagraphs therein, and replace with the following:

SC-6.02.B Labor; Working Hours

Add the following new sentence to the end of Paragraph 6.02.B of the

Regular Working Hours are defined as 7:00 a.m. to 4:00 p.m., Monday through Friday.

SC-6.02.C Labor; Working Hours

Add the following to Paragraph 6.02 of the General Conditions:

C. Requests to work during other than normal working hours must be submitted to the Engineer at least 48 hours in advance of the period proposed for such overtime work and shall set forth the proposed schedule for overtime work to give Engineer ample time to arrange for his/her personnel to be at the site of the work.

SC-6.03.A.1 Services, Materials and Equipment

Add the following to Paragraph 6.03.A of the General Conditions:

1. All water for testing, flushing, and construction shall be furnished by the Contractor. Such water may be available by connecting to the Owner's (or Utility's) water system at a point approved by the Owner and Utility. The Owner (or Utility) shall charge the Contractor for water used in performing the above functions in accordance with the Owner's (or Utility's) established rate schedule. There shall be installed in each and every connection to the Owner's (or Utility's) potable water supply a reduced pressure zone backflow preventer meeting the requirements of AWWA C511. Contractor shall be required to meter all water used.

SC-6.03.D Services, Materials and Equipment

Add the following to Paragraph 6.03 of the General Conditions:

D. Provisions of the Contract Documents relating to all materials and equipment and how they are to be applied, installed, connected, erected, used, cleaned, and conditioned does not assign to the Engineer, or any of the Engineer’s consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or Performance of Work or any duty or responsibility contrary to the provisions of Paragraph 9.09.

SC-6.04.A.3 Progress Schedule

Add the following to Paragraph 6.04.A of the General Conditions:

3. The Contractor is required to promptly take appropriate action to recover schedule whenever A) the Engineer anticipates significant slippage or delay beyond the Contract Time, and orders schedule recovery in writing; or B) any Contractor progress schedule activity is shown as slipping or being delayed, due to acts or omissions within the control of the Contractor, by 15 (fifteen) or more days beyond the Contract Time. Under no circumstances whatsoever is Contractor entitled to inefficiencies arising from or related to overtime, second shift, or premium work. Contractor shall be solely responsible for costs incurred to recover schedule delays resulting from Contractor’s acts or omissions.

SC-6.05.A.2.d.5) Substitutes and “Or Equals”

Add the following to Paragraph 6.05.A.2.d of the General Conditions:

5) The application shall also contain an itemized estimate of all delays or schedule impacts that will result directly or indirectly from reviews, acceptance and provision of such substitute. In reviewing such substitutes, the Engineer shall consult with Owner and attach items of particular importance to operation, maintenance, repair and part stocking and placement considerations including standardization with similar materials or equipment, existing or planned, within Owner's existing system or facilities.

SC-6.05.B Substitutes and “Or Equals”

Add the following to the end of Paragraph 6.05.B of the General

Contractor's application for use of substitute materials, equipment, or specific means, methods, technique, or procedure of construction, including reasonable time for Engineer and his Consultant to review the substitution and redesign, if required, shall not be considered an acceptable basis for Contractor’s failure to meet the substantial completion date, nor as a basis justifying an extension of the Contract Time.

SC-6.06.B Concerning Subcontractors, Suppliers and Others

Relating to Paragraph 6.06.B of the General Conditions, the Contractor shall note the following:

Subcontractors, Suppliers, or other persons or organizations (including those who are to furnish the principal items of materials and equipment for the project) are to be identified in writing for evaluation after bid opening and shall be submitted in accordance with Section 00200 (Instructions to Bidder).

SC-6.07.B Patent Fees and Royalties

Add the following to the end Paragraph 6.07.B of the General Conditions:

The Contractor shall defend all such claims in connection with any alleged infringement of such rights.

SC-6.08.B Permits

Add the following to Paragraph 6.08 of the General Conditions:

B. Owner shall obtain and pay for a FDEP construction permit for the project; Florida Dept. of Environmental Protection, or Water Management District permits or approvals required, and any County, or Florida Dept. of Transportation permits or approvals to cross roads or railroads and to construct and occupy rights-of-way, and driveway permits. All such Owner furnished permits and approvals are on file at the offices of the Owner and may be inspected by Bidders during normal business hours.

A copy will be furnished to the successful Bidder after the effective date of the Agreement upon his request, and Contractor will follow all conditions and provisions of these permits, applications, regulations and approvals as a part of this project work as much as if they were wholly repeated herein. It is the Contractor's responsibility to apply to the local jurisdiction for any Building Permit or Permits that may be required.

SC-6.11.A.4 Limitation on Use of Site and Other Areas

Add the following to Paragraph 6.11.A of the General Conditions:

4. Where the Contractor hauls or transports Materials or Equipment to the Project over roads and bridges on the state park road system, state highway system, county road system, or city street system and such use causes damage, he shall immediately, at his expense, repair such road or bridge to as good a condition as before the hauling or transportation commenced.

SC-6.12.A Record Documents

Delete the last sentence of Paragraph 6.12.A of the General Conditions, and replace it with:

Upon completion of the Work, Contractor shall provide all such Samples to Owner, and copies of all such record documents and Shop Drawings shall be delivered to Engineer for Owner to the extent not previously provided.

SC-6.13.D Safety and Protection

Delete Paragraph 6.13.D of the General Conditions in its entirety and

D. The Contractor’s duties and responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and the certificate of final completion has been executed by the Owner, Engineer, and Contractor.

SC-6.13.E Safety and Protection

Add the following to Paragraph 6.13 of the General Conditions:

E. The Contractor shall implement traffic control in accordance with Maintenance of Traffic Control notes and details on the plans, in the technical specifications, and in accordance with FDOT and MUTCD requirements. The Contractor shall maintain traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of work. It shall include the construction and maintenance of any necessary detour facilities; the providing of necessary facilities for access to residences and businesses along the project; the furnishing, installation and maintenance of traffic control and safety devices during construction; daily inspections of the traffic control devices (including nighttime inspections); replacement of all equipment and devices found not to be conforming with approved standards during the inspection; the control of dust, and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans. The term “Maintenance of Traffic” shall include all such facilities, devices, and their operation as are required for the safety and convenience of the public as well as for minimizing public nuisance. This work shall also consist of the removal of existing pavement markings necessary in order to implement traffic control, temporary signs, and the removal or relocation of existing signs in order to implement traffic control. This work shall include any adjustments necessary to the traffic control devices under emergency conditions.

SC-6.17.D.2 Shop Drawings and Samples

Add the following after the first sentence Paragraph 6.17.D.2 of the

Engineer's approval shall also not extend to verification of actual field conditions.

SC-6.19.A Contractor’s General Warranty and Guarantee

Delete Paragraph 6.19.A of the General Conditions in its entirety and

A. The Contractor warrants and guarantees to the Owner and the Engineer that all work, labor, materials, equipment and services furnished and performed shall be free from improper workmanship, shall not be defective, shall be done in a good and workmanlike manner and shall provide proper and continuous service under all conditions of service required by, specified in, or which may by reasonably inferred from the Contract Documents. Work, materials, or equipment not conforming to such requirements shall be deemed defective. Each application for payment submitted by the Contractor to the Owner shall be deemed to constitute a confirmation, restatement, and reaffirmation by the Contractor of the foregoing warranty and guarantee, with respect to all work, labor materials, equipment and services performed and furnished for the Project through the date of such application. All defective work, regardless of whether such is in place, may be rejected, corrected, or accepted as provided in Article 13. The warranty and guarantee under this paragraph shall be separate and in addition to the Contractor’s obligations pursuant to paragraph 13.07.

SC-6.19.D Contractor’s General Warranty and Guarantee

Add the following to Paragraph 6.19 of the General Conditions

D. Contractor warrants and guarantees that all computer controlled components incorporated into the Work shall accurately process date and time data (including but not limited to, calculating, comparing, and sequencing) and leap year calculations. Such requirement includes the proper exchange of date and time data among other such components.

SC-6.21.B Delegation of Professional Design Services

Delete paragraph 6.21.B of the General Conditions in its entirety and

B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. At a minimum, designs shall comply with all federal, state, and local laws, regulations, ordinances, and codes. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer.

SC-6.21.C Delegation of Professional Design Services

Delete paragraph 6.21.C of the General Conditions in its entirety and

C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals.

SC-9.01.A Owner’s Representative

Add the following to Paragraph 9.01.A of the General Conditions:

If they choose to do so, the Owner or the Engineer may provide a Resident Project Representative who will function as the Resident Project Representative during the construction period, thereby giving the Owner additional representation during the construction phase in addition to the periodic visits and certain other designated limited services to be provided by the Engineer during construction.

SC-6.19.A Contractor’s General Warranty and Guarantee

Delete paragraph 6.19.A of the General Conditions in its entirety, and

Contractor warrants and guarantees to Owner that all Work shall be in accordance with the Contract Documents, free from improper workmanship, will not be defective, and will provide the Owner with proper and continuous service underal all conditions of service required by, specified in, or which may be reasonably inferred from the Contract Documents. Work, materials, or equipment failing to conform to these requirements shall be deemed defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely upon the Contractor’s warranty and guarantee. Such warranty and guarantee referenced in this paragraph shall be separate and in addition to the Contractor’s obligations pursuant to Paragraph 13.07 of the General Conditions.

SC-9.03.A Project Representative

Delete paragraph 9.03.A of the General Conditions in its entirety and

A. If a Resident Project Representative is furnished by either the Owner or Engineer to assist Engineer in observing the performance of the Work, then the following Duties, Responsibilities, and Limitations of the authority of the Resident Project Representative and assistants are as shown herein:

1. The Resident Project Representative (RPR), assistants and other field staff will assist Engineer in observing performance of the work of Contractor. The RPR and assistants may be employees of the Engineer or they may be employees of the Owner, depending on assignment based on availability, timing and scheduling.

2. The RPR, his/her assistants or other field staff, are not planned nor budgeted to be present full time at all work sites or at all times while Contractor is working. Therefore, some Contractor work will not be observed. However, through more extensive periodic visits and onsite observations of the work in progress than provided through the Administration of Construction Work and by field check of materials and equipment by the RPR and assistants, Engineer shall endeavor to provide further protection of the Owner against defects and deficiencies in the work of Contractor; but, the furnishing of such services will not make Engineer responsible for or give Engineer control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for Contractor’s failure to perform the Work in accordance with the Contract Documents.

3. The duties and responsibilities of the RPR are limited to those of Engineer in Engineer's agreement with the Owner and in the construction Contract Documents, and are further limited and described as follows:

a. RPR is Engineer's representative at the site, shall act as directed by and under the supervision of Engineer, and shall confer with Engineer regarding RPR's actions.

RPR's dealings in matters pertaining to the onsite work shall be primarily conducted with the Engineer and Contractor, and the RPR shall keep the Owner advised as necessary. RPR's dealings with subcontractors shall be conducted only through or with the full knowledge and approval of Contractor. RPR shall, under the direction of the Engineer, keep the Owner apprised of the Project’s progress and any developments associated therewith.

b. SCHEDULES: The RPR shall review the progress schedule, the schedule of Shop Drawing submittals, and the schedule of values prepared by Contractor and consult with the Engineer concerning acceptability.

c. CONFERENCES AND MEETINGS: The RPR shall attend meetings with the Contractor, such as preconstruction conferences, progress meetings, job conferences and other project related meetings, and shall prepare and circulate copies of the minutes thereof.

d. LIAISON:

1) The RPR shall serve as the Engineer's liaison with Contractor, working principally though Contractor's superintendent and assisting in interpreting the intent of the Contract Documents. The RPR shall further assist the Engineer in serving as the Owner's liaison with the Contractor when the Contractor’s operations affect Owner's on-site operations.

2) The RPR shall assist in obtaining from Owner additional details or information, when required for proper execution of the Work.

e. SHOP DRAWINGS AND SAMPLES:

1) The RPR shall record the date of receipt of Shop Drawings and samples.

2) The RPR shall receive samples that are furnished at the site by Contractor and notify the Engineer of availability of samples for examination.

3) The RPR shall advise the Engineer and Contractor of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not yet been approved by Engineer.

f. REVIEW OF WORK, REJECTION OF DEFECTIVE

WORK, INSPECTIONS AND TESTS:

1) The RPR shall conduct on-site observations of the Work in progress to assist the Engineer in determining if the Work is proceeding in accordance with the Contract Documents.

2) The RPR shall report to Engineer whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not otherwise conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made. The RPR shall advise the Engineer of Work that the RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval.

3) The RPR shall verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel and that the Contractor maintains adequate records thereof. The RPR shall further observe, record and report to Engineer appropriate details concerning any such test procedures and startups.

4) The RPR shall accompany inspectors representing public or other agencies having jurisdiction over the Project during inspections of the Work and shall record the results of such inspections and report to Engineer.

g. INTERPRETATION OF CONTRACT DOCUMENTS: The RPR shall report to the Engineer whenever clarification or interpretation of the Contract Documents is required and transmit to the Contractor any clarifications or interpretations issued by the Engineer.

h. RECORDS:

1) The RPR shall maintain at the job site or other suitable location orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of the original Contract Documents including all Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents.

2) The RPR shall prepare and keep a diary or log book of the Project containing marked up plans, sketches, photographs or videos, records of Contractor hours on the job site, weather conditions, data relative to questions of Change Orders or changed field conditions, changes in the Construction from the Contract Documents, a list of job site visitors, daily activities, decisions, observations in general and specific observations in more detail when required (e.g. observations of testing procedures). The RPR shall further maintain records of the project in general and send appropriate copies to the Engineer.

3) The RPR shall record names, addresses, and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment.

i. REPORTS:

1) The RPR shall furnish the Engineer with periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and sample submittals.

2) The RPR shall consult with Engineer in advance of scheduled major tests, inspections, or the commencement of important phases of the Work.

3) The RPR shall draft proposed Change Orders, obtaining backup material from Contractor, submit such Change Orders to the Engineer for consideration, and draft Field Orders as necessary.

4) The RPR shall report immediately to Engineer and Owner all accidents immediately upon the discovery of the occurrence of any such accident.

j. PAYMENT REQUESTS: The RPR shall review applications for payment with Contractor for compliance with the established procedure for the submission of applications and forward such with recommendations to the Engineer, noting particularly the relationship of the payment requests to the schedule of values, work completed, and materials and equipment delivered at the site but not yet incorporated in the Work.

k. CERTIFICATES, MAINTENANCE AND OPERATION MANUALS: The RPR, during the course of the Work, shall verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and comply with the Contract Documents. The RPR shall further have such material delivered to the Engineer to be reviewed and forwarded to the Owner prior to rendering final payment for the Work.

l. COMPLETION:

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

2) The RPR shall conduct the final inspection in the company of Engineer, Owner and Contractor and prepare a final list of items to be completed or corrected by the Contractor.

3) The RPR shall ensure that all items on the final list have been completed or corrected and make appropriate recommendations to the Engineer concerning acceptance.

4. Limitations of Authority

a. The Resident Project Representative

1) Shall not authorize any deviation from the

Contract Documents or a substitution of materials or equipment, unless otherwise authorized by Engineer in writing.

2) Shall not exceed the limitations of the Engineer's authority as set forth in the Agreement or the Contract Documents.3) Shall not undertake any of the responsibilities of the Contractor, subcontractors or the Contractor's superintendent.

4) Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents.

5) Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work.

6) Shall not accept Shop Drawings or sample submittals from anyone other than Contractor.

7) Shall not authorize Owner to occupy the Project in whole or in part.

8) Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Engineer.

SC-9.09.F-G Limitations on Engineer’s Authority and Responsibilities

Add the following to Paragraph 9.09

F. Whenever in the Contract Documents the terms “as ordered”, “as directed”, “as required”, “as allowed”, “as approved”, or terms of like effect or import are used, or the adjectives “reasonable”, “suitable”, “acceptable”, “proper”, or “satisfactory” or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of the Engineer as to the Work, it is intended that such requirement, direction, review or judgment shall be used solely to evaluate whether the Work for complies with the Contract Documents unless a specific statement indicates otherwise. The use of any such term or adjective shall not be effective to assign to the Engineer any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09.

G. Engineer’s recommendation for any payment, including final payment, shall not mean that Engineer is responsible for Contractor’s means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident hereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of the Contractor to perform or furnish work in accordance with the Contract Documents.

SC-10.03.A.4 Execution of Change Orders

Add the following to Paragraph 10.03.A of the General Conditions:

4. Change Orders shall constitute a full accord and satisfaction of all costs of whatever nature, direct or indirect, arising from or related to the change, including, without limitation, impact on unchanged base contract work.

SC-10.05.B Claims and Disputes

In Paragraph 10.05.B of the General Conditions, change the time frame in which the opposing party must submit its response to the Engineer regarding the claimant’s request from 30 days to 14 days, unless the Engineer allows additional time.

SC-10.05.F Claims

Add the following to the end of Paragraph 10.05.F of the General

“including, without limitation, written notice requirements.”

SC-10.05.G Claims

Add the following to Paragraph 10.05 of the General Conditions:

G. No action, either at law or at equity, shall be brought in connection with any such claim, dispute or other matter later than thirty (30) days after the date on which Engineer has rendered such written decision in respect thereof. Failure to bring an action within said thirty (30) days' period shall result in Engineer's decision being final and binding upon Owner and Contractor. In no event may any such action be brought after the time at which instituting such proceedings would be otherwise barred by the applicable statute of limitations.

SC-11.01.A.4 Cost of the Work

Delete “attorneys” from the list of special consultants in Paragraph 11.01.A.4 of the General Conditions

SC-11.03.D Unit Price Work

Delete Paragraph 11.03.D, including subparagraphs 11.03.D.1, 11.03.D.2, and 11.03.D.3 of the General Conditions in their entirety and replace them with the following:

D. The Owner reserves the right to alter the Drawings, modify incidental work as may be necessary, and increase or decrease quantities of work to be performed to accord with such changes, including deduction or cancellation of any one or more of the Pay Items. Changes in the work shall not be considered a waiver of any conditions of the Contract nor invalidate any provisions thereof. When changes result in changes in quantities of Work to be performed, the Contractor shall accept payment according to Contract Unit Prices that appear in the original Contract. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if:

1. If the total cost of a particular item of Unit Price Work amounts to 10% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Proposal or Agreement; and

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

3. If Contractor believes that it has incurred additional expense as a result thereof; or

4. If Owner believes that the quantity variation entitles it to an adjustment in the unit price, either Owner or Contractor may make a claim for an adjustment in the Contract Price in accordance with Article 12 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed.

SC-12.02.C-E Change of Contract Times

Add the following to Paragraph 12.02 of the General Conditions:

C. The Contractor agrees that said work shall be prosecuted regularly, diligently and without interruption at such rate of progress as will insure full completion thereof within the time specified in the Contract Documents. It is expressly understood and agreed, by and between the Contractor and the Owner that the time for the completion of the work described herein is a reasonable time for the completion of the same. If the Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as a part consideration for the awarding of this contract to pay to the Owner the amount specified elsewhere in these documents, not as a penalty, but as liquidated damages for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work.

D. It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for performance of any act whatsoever; and where under the contract an additional time allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract. Provided that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor’s reasons for the time extension are acceptable to the Owner.

E. The submission of the Bid shall be an indication that the Contractor has considered normal local weather conditions (daily and monthly variations) for the previous ten years from the date of the Bid as compiled by a national, state, or regional weather station which is within 25 miles of the project location. Contractor should consider and include the impact of normal local weather conditions on construction scheduling and sequencing when preparing the Bid. No claim shall be allowed based upon the schedule impact of normal or otherwise customary local weather conditions.

SC-12.03.B Delays

Delete Paragraph 12.03.B of the General Conditions in its entirety and replace with the following:

If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

SC-12.03.C Delays

Add the following to the end of Paragraph 12.03.C of the General

In no event shall Contractor be entitled to an adjustment in Contract Price for delays described in this Paragraph 12.03.C.

SC-12.03.F Delays

Add the following to Paragraph 12.03 of the General Conditions:

F. Neither Engineer or Owner are liable to Contractor or its surety, or any of Contractor’s Subcontractors or Suppliers for damages caused by delays within the control of or reasonably anticipatable by Contractor or delays beyond control of Owner or Contractor such as fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner.

SC-13.03.B Tests and Inspections

Delete Paragraph 13.03.B, including subparagraphs 13.03.B.1, 13.03.B.2, and 13.03.B.3 of the General Conditions in their entirety and replace them with the following:

B. The Contractor shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except when otherwise specified by the Contract Documents.

SC-13.03.G Tests and Inspections

Add the following to Paragraph 13.03 of the General Conditions:

G. Neither observations by the Engineer nor inspections, tests, or approvals by others shall relieve the Contractor from the Contractor’s obligations to perform the Work in accordance with the Contract Documents.

SC-13.04.C Uncovering Work

Delete the first parenthetical grouping in paragraph 13.04.C of the General Conditions that states, “(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)” and replace the deleted text with the following:

“(including but not limited to all fees and charges of engineers, architects and other non-legal professionals)”

SC-13.06.A Correction or Removal of Defective Work

Delete the first parenthetical grouping in paragraph 13.06.A of the charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)” and replace the deleted text with the following:

SC-13.08.A Acceptance of Defective Work

Delete the second parenthetical grouping in paragraph 13.08.A of the charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)” and replace the deleted text with the following:

SC-13.09.C Owner May Correct Defective Work

Delete the first parenthetical grouping in paragraph 13.09.C of the charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)” and replace the deleted text with the following:

SC-14.02.B.5.e-j Review of Applications

Add the following paragraphs to Paragraph 14.02.B.5 of the General

e. The Work for which payment is requested cannot be verified,

f. Claims or Liens have been filed or there is reasonable evidence indicating the probable filing thereof,

g. Of unsatisfactory prosecution of the Work, including failure to clean up as required by the Contract Documents;

h. Of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents;

i. Of liquidated damages payable by the Contractor; or

j. Of any other violation of, or failure to comply with, the provisions of the Contract Documents.

SC-14.02.C.1 Payment Becomes Due

Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and replace it with the following:

1. Upon receipt of the Application for Payment to Owner with

Engineer’s recommendation, the amount recommended will (subject to the provisions of paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor in accordance with the requirements of the Florida Local Government Prompt Payment Act. Owner shall process payments to Contractor in accordance with § 218.735, Fla. Stat., (2009).

SC-14.09.A Waiver of Claims

Delete Paragraph 14.09.A of the General Conditions in its entirety and replace with the following:

The payment of any application for payment by the OWNER, including the final application for payment, does not constitute approval or acceptance of that part of the Work to which such payment relates nor does it relieve the CONTRACTOR of any of its obligations hereunder with respect hereto. The making of a payment, including final payment shall not constitute a waiver of claims by the OWNER, including but not limited to claims arising from: (1) liens, claims, security interests or encumbrances arising out of this Contract; (2) failure of the Work to comply with the requirements of this Contract and its incorporated documents and state and local codes and requirements; (3) terms of warranties and all other post-final completion or construction obligations required by this Contract and its incorporated documents and/or as a matter of law; (4) defects, deficiencies and/or failures in the Work; (5) damages suffered directly or indirectly by the OWNER caused by the CONTRACTOR’S negligent performance under this Contract; and (6) any matter for which CONTRACTOR has indemnified OWNER under this Contract.

SC-14.09.B Waiver of Claims

Add the following to Paragraph 14.09 of the General Conditions:

B. The acceptance of the final payment by Contractor will constitute a waiver of all Claims by Contractor against Owner other than those claims previously made in writing pursuant to the terms of the Contract Documents and which remain unsettled.

SC-15.02.A.5-8 Owner May Terminate for Cause

Add the following to Paragraph 15.02.A of the General Conditions:

5. If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if the Contractor takes any equivalent or similar action by filing a petition or otherwise under any federal or state law in effect at such time relating to bankruptcy or insolvency;

6. If a petition is filed against the Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against the Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency

7. If the Contractor makes a general assignment for the benefit of creditors;

8. If a trustee, receiver, custodian or agent of the Contractor is appointed under applicable law or under contract, whose appointment or authority to take charge of property of the Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of the Contractor’s creditors.

SC-15.02.C Owner May Terminate for Cause

Delete the parenthetical grouping in paragraph 15.02.C of the General Conditions that states, “(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)” and replace the deleted text with the following:

SC-15.02.G Owner May Terminate for Cause

Add the following to Paragraph 15.02 of the General Conditions:

G. If after notice of termination as provided for in this Paragraph 15.02, it is determined by a court of competent jurisdiction for any reason that Contractor was not in default or that its default was excusable or that

Owner was not entitled to exercise its default remedies, the termination shall be deemed to be a termination for convenience pursuant to Paragraph 15.03 and Contractor’s remedies shall be the same as and shall be limited to those afforded by Paragraph 15.03.

SC-15.03.A Owner May Terminate for Convenience

Delete Paragraph 15.03.A of the General Conditions in its entirety, including subparagraphs 15.03.A.1, 15.03.A.2, 15.03.A.3, and 15.03.A.4, and replace it with the following:

A. The Owner may terminate this Contract in whole or in part for its convenience, without cause, provided that the Contractor is given not less than seven (7) calendar days written notice and an opportunity for consultation with the…