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HomeMy WebLinkAboutSection 00800 - Supplementary General Conditions 00800 - 1/13 SECTION 00800 - SUPPLEMENTARY GENERAL CONDITIONS GENERAL These Supplementary General Conditions make additions, deletions, or revisions to the General Conditions as indicated herein. All provisions which are not so added, deleted, or revised remain in full force and effect. Terms used in these Supplementary General Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions. SGC-1 DEFINITIONS In addition to the provisions of Article 1, the following respective supplemental definitions shall apply: ENGINEER - The ENGINEER is the OWNER's Director of Engineering Services Department or its designated representative. CONSULTANT - Architect or Engineer of Record. OWNER - The OWNER is City of Sunny Isles Beach, SGC-2.2 COPIES OF DOCUMENTS The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents. Additional quantities of the Contract Documents will be furnished at reproduction cost. SGC-5.1 PERFORMANCE AND OTHER BOND AMOUNTS The CONTRACTOR shall furnish a satisfactory Performance Bond in the amount of 100 percent of the Contract Price and a satisfactory Payment Bond in the amount of 100 percent of the Contract Price. SGC-5.2 INSURANCE AMOUNTS The limits of liability for the insurance required by Paragraph 5.2 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: A. Workers' Compensation: Under Paragraph 5.2B of the General Conditions: 1. State: Statutory 2. Applicable Federal (e.g., Longshore): Statutory Note: If the Work called for in the Contract Documents involves Work in or on any navigable waters, the CONTRACTOR shall provide Workers' Compensation coverage which shall include coverage under the Longshore and Harbor 00800 - 2/13 Workers' Compensation Act, the Jones Act, and any other coverage required under Federal or State laws pertaining to workers in or on navigable waters. 3. Employer's Liability: $100,000 B. Comprehensive General Liability: (under Paragraph 5.2B.2 of the General Conditions): 1. Combined Single Limit $1,000,000 Each Occurrence $3,000,000 General Aggregate a. Products / Completed Operations $3,000,000 Each Occurrence b. Personal Injury $1,000,000 Each Occurrence If policies are written on a claims made basis, certificate should so specify and policies continue in force for one year after completion of project. Policies will include premises/operations, products, completed operations, independent contractors, OWNER's and CONTRACTOR's protective, Explosion, Collapse, Underground Hazard, Broad form Contractual, Personal Injury with employment exclusion deleted, and Broad Form Property Damage. C. Comprehensive Automobile Liability: (under Paragraph 5.2B.3 of the General Conditions) including Owned, Hired, and Nonowned Vehicles: 1. Bodily Injury: $1,000,000 Each Person $1,000,000 Each Occurrence 2. Property Damage: $500,000 Each Occurrence or combined single limit of $1,000,000 Each Occurrence SGC-6.2 LABOR, MATERIALS AND EQUIPMENT Add the following paragraphs to Article 6.2 of the General Conditions: A. All Work in general shall be performed between the hours of 8:00 PM and 7:00 AM, on weekdays (i.e. Monday through Friday, excluding Holidays), However, the city may allow work to be performed to coincide with road lane closure as approved by FDOT and as indicated on the MOT plans for the project. For purposes of this contract and Contract Time, a work day is any day Monday thru Friday that is not a City Holiday. When a Holiday falls on Saturday, the previous Friday will be observed, and if the Holiday falls on Sunday, Monday will be observed. There will be no inspection services provided by the Engineering Services Dept. or the Building Division on any of the established Holidays. The Contractor’s Schedule shall be tailored to account for these times when inspection services will not be available. 00800 - 3/13 B. In case the CONTRACTOR falls behind schedule or where the nature of the Work requires special attention, the CONTRACTOR may be permitted to work additional shifts or to work beyond normal working hours, provided the CONTRACTOR has requested an approval for change of its Work schedule, in writing, from the ENGINEER. In any event, the cost for working additional shifts or beyond normal working hours, unless such Work is required by a change order action or in emergency, shall be borne solely by the CONTRACTOR without any additional cost to the OWNER, including the cost of Resident Project Representative's services. If authorized, the CONTRACTOR shall provide written notice to residences that may be impacted by the work. D. None but skilled foremen and workmen shall be employed on work requiring special qualifications. Except as otherwise required by law, convicted felons who have not completed their sentences or other workers from county, state or federal prisons who are on work release programs shall not be employed for work on this project. SGC-6.5 SUBCONTRACT LIMITATIONS A. In addition to the provisions of Paragraph 6.5 of the General Conditions, the CONTRACTOR shall perform not less than twenty (20) percent of the Work with its own forces (i.e., without subcontracting). The twenty (20) percent requirement shall be understood to refer to the Work, the value of which totals not less than twenty (20) percent of the Contract Price. B. The apparent low bidder, and such bidders as the OWNER may request in writing, shall submit to the OWNER a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of materials and equipment) proposed for any portion of this Project. When this list is approved, no deviations shall be allowed from that list without the written consent of the ENGINEER. ARTICLE 6 - CONTRACTORS RESPONSIBILITIES Add the following subarticles to the General Conditions: SGC-6.11 SHOP DRAWINGS AND SAMPLES Add the following paragraphs to Article 6.11 of the General Conditions: A. CONTRACTOR shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. B. Within thirty (30) calendar days after the Project Initiation Date specified in the Notice to Proceed, CONTRACTOR shall submit to ENGINEER a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by ENGINEER shall in no way relieve CONTRACTOR from submitting complete Shop Drawings and providing materials, equipment, etc., fully in 00800 - 4/13 accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. C. After the approval of the list of items required in Paragraph B above, CONTRACTOR shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. CONTRACTOR shall include all shop drawings and other submittals in its certification. D. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. E. If the Shop Drawings show or indicate departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve CONTRACTOR from its responsibility to comply with the Contract Documents. F. ENGINEER shall review and approve Shop Drawings within fifteen (15) calendar days from the date received, unless said Drawings are rejected by ENGINEER for material reasons. ENGINEER's approval of Shop Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by ENGINEER. Approval shall not relieve CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. G. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to ENGINEER along with its comments as to compliance, noncompliance, or features requiring special attention. H. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. I. CONTRACTOR shall submit the number of copies required by ENGINEER. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. J. CONTRACTOR shall keep one set of Shop Drawings marked with ENGINEER's approval at the job site at all times. 00800 - 5/13 SGC-6.13 INDEMNIFICATION A. Pursuant to Section 725.06 of the Florida Statutes, the CONTRACTOR hereby acknowledges receipt and the adequacy of the specific consideration in the amount of one hundred ($100.00) which sum is included in the Total Bid Price, as payment from the OWNER to the CONTRACTOR for the indemnification given by the CONTRACTOR to the OWNER and ENGINEER under the “General Conditions”. SGC-6.16 LAYING OUT THE WORK A. The CONTRACTOR shall be held responsible for establishing all lines and grades together with all reference points as required by the various trades for all Work under this contract. All required layout shall be done using competent and experienced personnel under the supervision of a local professional engineer and/or land surveyor registered in the State of Florida. SGC-6.17 EQUIPMENT A. All construction equipment necessary and required for the proper construction of this project shall be on the construction site, in first-class working condition, and shall have been approved by the ENGINEER before construction is permitted to start. The CONTRACTOR shall provide such tamping tools and equipment as are necessary for the proper compaction of the backfill. SGC-6.18 TRENCH SAFETY ACT A. Trench excavations over five (5) feet deep shall comply with OSHA 29 CFR 196.650. A CONTRACTOR's statement that the CONTRACTOR will comply is required. Trenching costs shall be included in the appropriate unit and / or lump sum prices for the respective work in which such trenching is required. SGC-9.3 DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE A. General: The Resident Project Representative (RPR) is also referred to as the ENGINEER. B. Duties and Responsibilities: Resident Project Representative will: 1. Review the progress schedule of Shop Drawing submittals and schedule of values prepared by the CONTRACTOR. 2. Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required. Attend meetings and maintain and circulate copies of minutes thereof. 3. Will assist the CONTRACTOR's superintendent in understanding the intent of the Contract Documents. 00800 - 6/13 4. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by the CONTRACTOR. 5. Conduct on-site observations of the Work in progress and determine if the Work is proceeding in accordance with the Contract Documents. 6. Verify that the tests, equipment, and systems startups and operating and maintenance instruction are conducted as required by the Contract Documents and in presence of the required personnel, and that the CONTRACTOR maintains adequate records thereof; observe, record and report the appropriate details relative to the test procedures and startups. 7. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work, record the outcome of these inspections. 8. Review applications for payment with the CONTRACTOR for compliance with the established procedure for their submittal. 9. Prepare a Certificate of Substantial Completion/Notice of completion, as applicable, submit to the CONTRACTOR a list of observed items requiring completion or correction. 10. Conduct final review of the Work and prepare a punch list of items to be completed or corrected. 11. Verify that all items on the punch list have been completed or corrected. C. Limitations of Authority: The resident Project Representative: A. Will not authorize any deviation from the Contract Documents or approve any substitute material or equipment. 2. Will not exceed limitations on the ENGINEER's authority as set forth in the Contract Documents. 3. Will not undertake any of the responsibilities of the CONTRACTOR, subcontractors or CONTRACTOR's superintendent, or expedite the Work. 4. Will not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences, or procedures of construction unless such is specifically called for in the Contract Documents. 5. Will not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Will not participate in specialized field or laboratory test. ARTICLE 10 - CHANGES IN THE WORK Add the following subarticles to the General Conditions: 00800 - 7/13 SGC 10.3 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS: A. The Contract Administrator, through ENGINEER, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. B. ENGINEER shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. SGC-10.4 CHANGE ORDERS: A. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the Miami-Dade OWNER Procurement Code, as amended from time to time. B. CONTRACTOR shall not start work on any changes requiring an increase in the Contract Price or the Contract Time until a Change Order setting forth the adjustments is approved by the OWNER. Upon receipt of a Change Order CONTRACTOR shall promptly proceed with the work set forth within the document. C. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, OWNER reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to ENGINEER as set forth in Paragraph 9.8 in the General Conditions hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by OWNER, CONTRACTOR shall promptly proceed with the change in the Work involved and advise the ENGINEER and Contract Administrator in writing within seven (7) calendar days of CONTRACTOR's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. D. On approval of any Contract change increasing the Contract Price, CONTRACTOR shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. E. Under circumstances determined necessary by OWNER, Change Orders may be issued unilaterally by OWNER. SGC-10.5 VALUE OF CHANGE ORDER WORK: A. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 00800 - 8/13 1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved. 2. By mutual acceptance of a lump sum which CONTRACTOR and OWNER acknowledge contains a component for overhead and profit. 3. On the basis of the "cost of work," determined as provided in Paragraphs B and C below plus a CONTRACTOR's fee for overhead and profit which is determined as provided in Paragraph E. B. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Paragraph C. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the work described in the Change Order under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 3. Payments made by CONTRACTOR to Subcontractors for work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as CONTRACTOR'S cost of the work. All 00800 - 9/13 Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 5. Supplemental costs including the following: (i) The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. (ii) Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of CONTRACTOR. (iii) Sales, use, or similar taxes related to the work, and for which CONTRACTOR is liable, imposed by any governmental authority. (iv) Deposits lost for causes other than CONTRACTOR's negligence; royalty payments and fees for permits and licenses. (v) The cost of utilities, fuel and sanitary facilities at the site. (vi) Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. (vii) Cost of premiums for additional bonds and insurance required because of changes in the work. C. The term "cost of the work" shall not include any of the following: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed-upon schedule of job classifications referred to in Paragraph B.1, all of which are to be considered administrative costs covered by CONTRACTOR's fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the work and charges against CONTRACTOR for delinquent payments. 00800 - 10/13 4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 5. Costs due to the negligence or neglect of CONTRACTOR, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Paragraph B. D. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 1. A mutually acceptable fixed fee or if none can be agreed upon, 2. A fee based on the following percentages of the various portions of the cost of the work: (i) For costs incurred under Paragraphs B.1 and B.2, CONTRACTOR's fee shall not exceed ten percent (10%), (ii) For costs incurred under Paragraph B.3, CONTRACTOR's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and (iii) No fee shall be payable on the basis of costs itemized under Paragraphs B.4 and B.5, (except Paragraph B.5.(iii)), and Paragraph C. E. The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. F. Whenever the cost of any work is to be determined pursuant to Paragraphs B and C, CONTRACTOR will submit in a form acceptable to ENGINEER an itemized cost breakdown together with the supporting data. G. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. H. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, CONTRACTOR shall submit an initial cost estimate acceptable to ENGINEER and Contract Administrator. 1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 00800 - 11/13 2. Whenever a change involves CONTRACTOR and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for CONTRACTOR and each Subcontractor shall be itemized separately. I. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." SGC-10.6 NOTIFICATION AND CLAIM FOR CHANGE OF CONTRACT TIME OR CONTRACT PRICE: A. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by CONTRACTOR to the Contract Administrator and to ENGINEER within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by CONTRACTOR's written notarized statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by ENGINEER in accordance with Paragraph 9.8 of the General Conditions hereof, if OWNER and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. B. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Articles 11 and 12 of the General Conditions. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by OWNER, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. SGC-12.2 INCLEMENT WEATHER DELAYS The CONTRACTOR's construction schedule shall be based upon the inclusion of ten days of inclement weather delays. Inclement weather by itself is not a cause for time extension. Only where duration and frequency of rain is abnormal as compared with the Weather Bureau data and supported by project logs will time extensions be considered. No time extension will be allowed for weekend rains unless the contractor has received approval and been working weekends on a regular basis. In order to demonstrate that a delay is the result of exceptionally adverse weather conditions, the contractor must demonstrate that critical path activities have been delayed by more days than those cumulatively expected during the Contract Time, based upon an average number of days of adverse weather conditions experienced in the place where the Project is located during the five (5) years prior to the date of this Agreement, which average shall be based upon the historical data of the U.S. National Oceanic and Atmospheric Administration, and that any float time in the Construction Schedule has been exceeded. In order to be considered a day of delay, the contractor must demonstrate that critical path activities were suspended during the 00800 - 12/13 exceptionally adverse weather event for more than fifty percent (50%) of the work period of the day of the exceptionally adverse weather. Hurricane Precautions: During such periods of time as are designated by the United States Weather Bureau as being a hurricane watch or warning, the contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City or the City’s Engineer has given notice of same. Compliance with any specific hurricane watch or warning precautions will not constitute additional work. Consideration of additional contract time relating to hurricane watch or warning at the Project site will be addressed by a Change Order in accordance with the non-compensable excusable delays section of the General Conditions. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the contractor to additional contract time as non-compensable, excusable delay, and shall not give rise to a claim for compensable delay. SGC-14.3C AMOUNT OF RETENTION Add the following to Article 14.3 Paragraph C of the General Conditions: Unless otherwise prescribed by law, the OWNER may retain a portion of the amount otherwise due to the CONTRACTOR, as follows: • Retention of ten percent (10%) of each approved progress payment until the Work is ninety percent (90%) complete and accepted by the owner, • And retention of five percent (5%) of each approved progress payment until the Work is one hundred percent (100%) complete and accepted by the owner. SGC-14.3D VALUE OF MATERIALS STORED AT THE SITE NO PAYMENT WILL BE MADE FOR MATERIALS STORED AT THE SITE. ARTICLE 16 - MISCELLANEOUS Add the following subarticles to the General Conditions: SGC-16.4 WATER SUPPLY A. All water required for testing, flushing and construction shall be the full responsibility of the CONTRACTOR in accordance with requirements set forth in the Specifications. SGC-16.5 USE OF COMPLETED PORTIONS OF WORK A. The OWNER shall have the right to take possession of and use any completed or partially completed portion of the Work, notwithstanding the fact that the time for completing the entire Work or such portions may not have expired, but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. 00800 - 13/13 SGC-16.6 SALVAGE A. Any existing equipment or material, including but not limited to: valves, pipes, fittings, couplings, etc., which is removed as a result of construction under this project may be designated to the OWNER at a location directed by the ENGINEER. Any equipment or material not worth of salvaging shall be disposed of by the CONTRACTOR in a sound environmental manner in an approved final disposal site. SGC-16.7 LIMITATIONS OF OPERATION A. The CONTRACTOR shall, at all times, conduct the Work in such a manner and in such sequence as will ensure the least practicable interference. The ENGINEER may require the CONTRACTOR to finish a section on which Work is in progress before Work is started on any additional section. SGC-16.8 ITEMS SPECIFIED ON DRAWINGS A. Items of material, equipment, machinery and the like may be specified on the Drawings and not in the Specifications. Such items shall be provided by the CONTRACTOR in accordance with the specifications on the Drawings. - END OF SECTION -