The Following Section Shall Be Made a Part of the Standard Specifications s1

The following Section shall be made part of the Standard Specifications:

"SECTION SP 2 - GENERAL INSTRUCTIONS TO OFFERORS AND GENERAL TERMS AND CONDITIONS

SP 2.1 GENERAL

The "GENERAL INSTRUCTIONS TO OFFERORS, FEBRUARY 9, 2017AUGUST 1, 2013", and the "GENERAL TERMS AND CONDITIONS, FEBRUARY 1, 2015", of the Department of Budget and Fiscal Services, City and County of Honolulu, are by reference incorporated herein and made a part of these specifications. The terms "General Instructions" and "General Conditions" used hereinafter refer to the "GENERAL INSTRUCTIONS TO OFFERORS, FEBRUARY 9, 2017", and the "GENERAL TERMS AND CONDITIONS, FEBRUARY 1, 2015", respectively. Copies of the General Instructions and General Conditions are on file and may be inspected at the Division of Purchasing during regular business hours of the City or may be obtained online at http://www.honolulu.gov/pur. Any provision of the General Instructions and General Conditions not in conflict with the Hawaii Administrative Rules, Title 3, Department of Accounting and General Services, shall be applicable to this contract.

SP 2.2 GENERAL INSTRUCTIONS

The General Instructions shall be amended as follows:

NotwithstandingDelete Section 2.5 “Examination of sSite” of the General Instructions, every Contractor bidding upon the work is expected to visit the site and examine the condition of same and satisfy himself as to the character and amount of work to be performed as indicated on the plans and called for by these specifications and the conditions under which it must be performed. No additional payment will be granted because of the lack of knowledge of such conditions.in its entirety and replace with the following:

“2.5 Examination of Site.

The Offeror shall examine carefully the site of the proposed work before submitting an offer. The submission of an offer shall be considered as a warranty that the Offeror has made such examination and is satisfied with the conditions to be encountered in performing the work. Every Contractor bidding upon the work is expected to visit the site and examine the condition of same and satisfy himself as to the character and amount of work to be performed as indicated on the plans and called for by these specifications and the conditions under which it must be performed. No additional payment will be granted because of the lack of knowledge of such conditions.

Surface and subsurface conditions.

Where subsurface conditions are known to the City in respect to foundation or other design, the Offeror may inspect the records of the City and examine any sample that may be available. Where such information is shown in the plans, said information represents only the statement by the City as to the character of material which has been actually encountered by the City and is included only for the convenience of the Offeror. The City makes no representations as to the conditions which will actually be encountered by the Offeror.

Any subsurface information or hydrographic survey data furnished are for the Offeror’s convenience only. The information and data furnished are the product of the Officer-in-Charge's interpretation of the facts gathered in investigations made at the specific locations indicated to aid in the design of the project, and the City assumes no responsibility whatsoever in respect to the sufficiency or accuracy of borings or of the log of test borings or other preliminary investigations, or of the interpretation thereof, and there is no guaranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the work. In addition, no assurance is given that conditions found at the time of the subsurface explorations, will be the conditions that prevail at the time of construction. The Offeror shall be solely responsible for all assumptions, deductions, or conclusions the Offeror may make or derive from the subsurface information or data furnished.

Making information concerning subsurface conditions available to Offerors is not to be construed in any way as a waiver of the Offeror’s responsibility to examine the solicitation document and site. The Offeror must satisfy itself through its own investigations as to conditions to be encountered.

Utilities, underground.

All underground water, gas, oil, telephone, electric, storm drain, sewer, and other pipes or conduits, shown on the plans, are only approximate in their locations. The Offeror shall make a personal investigation and inspection of the records and drawings possessed by owners of the utilities. The Offeror shall make satisfactory arrangements with the owners of the utilities for the relocation, maintenance and protection of existing utilities.

(c) Materials and equipment.

The City does not assume any responsibility for the availability of any materials or equipment required under this contract. Unless otherwise specified in the solicitation, the Offeror shall be considered as having taken into account when submitting an offer, the availability of materials or equipment required under the contract, except as provided for in applicable sections of the City’s general conditions.”

B. Delete Subsection 5.4 (a) relating to Time for Aacceptance of offer, in its entirety and replace with the following:

"(a) For City-funded projects or projects funded in whole or in part by the federal government; within one hundred eighty (180) days of the date of solicitation opening or receipt of proposals;"

SP 2.3 GENERAL CONDITIONS

The General Conditions shall be amended as follows:

A. Section 3.8 (1) of the General Conditions, relating to the variations in estimated quantities, is deleted and the following paragraph substituted:

"(1) Variation in estimated quantities. Where the quantity of a pay item in the contract is an estimated quantity and where the actual quantity of such pay item will vary from estimated quantity, no adjustment in the contract unit price will be made."

B.  Notwithstanding Section 3.9 “Differing Site Conditions for Construction Projects” of the General Conditions, every Contractor bidding upon the work is expected to visit the site and examine the condition of same and satisfy himself as to the character and amount of work to be performed as indicated on the plans and called for by these specifications and the conditions under which it must be performed. Should the Contractor observe a site condition that is not workable as indicated on the plans and called for in the specifications and/or the General Terms and Conditions, the Contractor shall inform the Officer in Charge immediately.

C.  Add the following new paragraph (F) to Section 3.11 Price Adjustment in Construction Contracts, Subsection (1) Price adjustment methods:

"(F) In determining the adjustment in price to a lump sum pay item resulting from a change in scope or limits, the Officer-in-Charge shall base the adjustment of the lump sum item on the calculated proportionate unit price, only when the estimated quantity is provided with the pay item. The Officer-in-Charge will calculate the proportionate unit price by dividing the original contract lump sum price by the original estimated quantity established by the contract documents.

The other subsections of Section 3.11 of the General Conditions shall not apply for price adjustments resulting from changes to scope or limits of a lump sum pay item with the estimated quantities shown."

D.  Section 5.2.2 "Payment and Performance Schedules," subparagraph (e)(4) of the General Conditions is deleted and the following paragraph substituted:

"(4) The Contractor’s Three Week Look Ahead Schedule.

Contractor shall provide a weekly three week look ahead schedule for the project. The schedule shall include, but not be limited to, all activities, their description, duration, relationship and dependencies necessary to the completion of the contract. If the schedule is not accepted, it shall be revised as directed by the Officer-in-Charge. Changes in the schedule shall be made only with the written acceptance of the Officer-in-Charge."

Section 5.2.15 Environmental Pollution and Hazardous Materials, Substances, and/or Waste Control, subparagraph (a) of the General Conditions is deleted and the following paragraph substituted:

“(a) Environmental pollution prevention and hazardous materials, substances, and/or waste control shall consist of the protection of human health and the environment from pollution or the release of contaminants during and as a result of construction operations under the contract. The control of environmental pollution and hazardous materials, substances, and/or waste requires the consideration of air, water and land from pollutants, including but not limited to, solid and hazardous waste management, noise, dust, as well as other pollutants. It is the responsibility of the Contractor to investigate and comply with all applicable laws, including but not limited to those relating to control, remediation, and abatement. Unless otherwise advised in writing by the City, the requirements in this section shall be considered incidental to and part of the Contractor's performance of the contract.

E.  However, any subsurface hazardous materials or subsurface environmental hazards discovered at the site differing materially from those indicated in this contract may be considered for price adjustments and/or time for performance for any remediation and abatement.”

F. 

G.  Section 5.2.26 Final Inspection, subparagraph (e) of the General Conditions, is deleted and the following paragraph substituted:

“(e) The Officer-in-Charge shall then make a determination as to whether or not the project is ready for inspection. If the Officer-in-Charge is not satisfied, the Contractor will be notified in writing of the items what require completion prior to inspection. The Officer-in-Charge will determine the length of time (remedial time) for the Contractor to correct and address the deficiencies. When the Contractor fails to complete the work on the punch list within the remedial time, the Contractor shall pay liquidated damages to the City of twenty (20) percent of the amount of liquidated damages established in SP 180 – Liquidated Damages per day, until satisfactory completion of deficiencies. After the Contractor complies with the Officer-in-Charge’s instructions, the Contractor will again submit, in writing, a request for inspection.”

H.  Section 5.2.26 Final Inspection, subparagraph (h) of the General Conditions, is deleted and the following paragraph substituted:

“(h) The Contractor shall, within seven (7) days after receipt of the punch list, or as determined by the Officer-in-Charge, proceed to complete the items on the punch list. When the Contractor fails to complete the work on the punch list within the remedial time, the Contractor shall pay liquidated damages to the City of twenty (20) percent of the amount of liquidated damages established in SP 180 – Liquidated Damages, per day, until satisfactory completion of deficiencies. Upon completion, the Contractor shall submit a written request for final inspection, after which, if the Officer-in-Charge finds that all discrepancies are satisfactorily corrected, the Officer-in-Charge will accept the project as completed, hereinafter referred to as “final acceptance.””

I.  Notwithstanding Section 5.3.6 of the General Conditions, relating to variations in estimated quantities, add the following:

"Payment shall be made for the actual quantities of units incorporated into the contract multiplied by the unit prices of the contract items. The actual quantity of any item may vary from the estimated quantity and no adjustment in the contract unit price will be made."

J.  All other provisions of the General Conditions are unmodified and shall remain in full force and effect."

END OF SECTION SP 2

Special Provisions 2-3 r7/517/17