SECTION SUPPLEMENTARY CONDITIONS

Transcription

1 SECTION SUPPLEMENTARY CONDITIONS PART 1 GENERAL 1.01 GENERAL CONDITIONS A. The Supplementary Conditions modify, delete and/or add to the General Conditions, AIA Document A201/Cma, Construction Management Edition, 1992 Edition, Articles 1 through 14, are hereby incorporated as the General Conditions of this Contract. Where any Article, paragraph, or subparagraph in the General Conditions is supplemented by one of the following paragraphs, the provisions of such Article, paragraph, or subparagraph shall remain in effect and the supplemental provisions shall be considered as added thereto. Where any Article, paragraph, or subparagraph in the General Conditions is not supplemented, amended, voided or superseded by any of the following paragraphs, the provisions of such Article, paragraph or subparagraph not so amended, voided or superseded shall remain in effect. Amendments are as follows: 1.02 INCONSISTENCY A. Add the following to Subparagraph 1.2.3: If there is an inconsistency in the quality or quantity of Work required by the Contract Documents, either the greater quality or quantity of Work indicated shall be provided in accordance with the Architect s interpretation, and no change in the Contract Sum will be permitted STANDARD SPECIFICATIONS A. Add the following to Paragraph 1.2: Where a reference in the Contract Documents to a Federal Specification, American National Standards Institute standard, American Society of Testing Materials standard or other standard, the edition and amendments current as of the date of this Project Manual shall apply. However, no provision of a referenced standard, manual, code shall change the duties and responsibilities of the Owner, Architect, Construction Manager or Contractor from those set for in the Contract Documents ADMINISTRATION OF THE CONTRACT A. Add the following to Paragraph 2.2: The duties, responsibilities and limitations of authority of the Architect and the Construction Manager as the Owner s representatives during construction as set forth in the Contract Documents will not be modified or extended without written consent of the Owner and the Architect or the Owner and the Construction Manager, as applicable, which will be shown to the Contract OVERTIME WORK A. Add the following to Subparagraph 3.4: If the Contract Documents require work to be performed after regular working hours or if the Contractor elects to perform work after regular working hours, the additional cost of such work shall borne by the Contractor Construction Issue 1 Supplementary Conditions

2 1.06 SUBSTITUTIONS A. Add the following to Paragraph 3.5: The Contractor shall be responsible for the costs of additional work and changes required to incorporate substitute materials, product or equipment approved during the bidding period into the Project including all such work and changes performed under other contracts Each material, product or item of equipment shall be of the same manufacture throughout the Project, unless otherwise specified Substitutions made without written approval may be subject to removal and replacement with approved materials and equipment at the Contractor s expense, including all associated expenses CUTTING AND PATCHING OF WORK A. Change Subparagraph to read as follows: The Contractor shall be responsible for all cutting, fitting, and patching of materials normally included as part of his work that may be required to complete the Work or make its several parts fit together properly, except as otherwise specifically provided in the Contract Documents. Where cutting and patching is required to surrounding areas and materials not normally part of the Contractor s Work, this cutting and patching shall be the responsibility of other respective Contractors. Similarly, if the work of other Contractor s requires cutting and patching of this Contractor s materials, then this Contractor shall be responsible. B. Add the following to Paragraph Cutting shall be accurately located and neatly done. Unnecessary cutting should be avoided Patching shall be done by skilled mechanics experienced in the particular type of work involved. Patching work shall conform to the standards of the Specifications where applicable, and where not specified, work shall conform to the highest standards of the trade. Finished patching work shall be acceptable to the contractor whose work has been patched The Contractor shall leave all holes, chases and other openings in his Work required by other separate contractors for the installation of their work, provided such openings are accurately located by the party requiring them before the execution of the Contractor s Work. The Contractor shall afford other separate contractors a reasonable opportunity to locate such openings VERIFICATION OF FIELD CONDITIONS A. Add the followings to Article 3: 3.19 VERIFICATION OF FIELD CONDITIONS The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions with the Contract Documents and any Shop Drawings and Product Data before commencing any Work. Any error, inconsistency or omission shall be reported to the Architect at once No change in the Contact Sum will be allowed an account of minor differences between actual field conditions and the Contract Documents Construction Issue 2 Supplementary Conditions

3 1.09 AWARDS OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF WORK A. Add the following to Paragraph 5.2: The Contractor s responsibility to furnish materials, products and equipment in conformance with the requirements of the Contract Documents shall no be changed or limited by the Owner s or Architects lack of reasonable objection to any selected Subcontractor, person or entity PERFORMANCE AND PAYMENT BONDS A. Add the following to paragraph 11.4: The Owner reserves the right to require Performance on L & M Payment Bonds from any Contractor. Do not include costs for these bonds in any bid proposal TESTS A. Delete the last sentence of Subparagraph and add the following:.1 Where proof of compliance with the requirements of Contract Documents such as manufacturer s certificates, manufacturer s tests, independent laboratory tests and inspections and other data is required by the Contract Documents before materials, products or equipment may be used in the Work, the Contractor shall bear all costs for such certificates, tests, inspections, and other data..2 Where preliminary tests and inspections for design purposes such as concrete mix designs are required by the Contract Documents, the Contractor shall bear all costs for such tests and inpections..3 The Owner will pay for all other laboratory tests, inspections, and approvals required by the Contract Documents. The Owner will select an independent testing agency to perform such tests, inspections, and approvals. The Contractor, at his expense, shall furnish all samples and materials to be tested, and deliver the samples and materials to the testing agency. B. Delete the last sentence to Subparagraph and substitute the following: The Cost of such special inspection, testing or approval shall be paid as provided in Subparagraph C. Delete Subparagraph , and substitute the following: Reports of tests, inspections and approvals performed by the independent testing agency selected by the Owner in accordance with Clause shall be submitted to the Architect, the Construction Manager and the Contractor and promptly delivered by him to the Construction Manager. D. Add the following to paragraph 13.5: The Contractor shall make all arrangements, furnish all samples and materials to be tested, and do all related work necessary for the inspections, tests and approvals required under Subparagraphs and If after the commencement of the Work the Architect determines that any of the Work requires special inspection, testing or approval which Subparagraph does not included, he may, upon written authorization from the Owner, in lieu of the procedure specified in Subparagraph , secure the services of an independent testing agency to perform such tests, inspections and approvals. The Contractor, at his expense, shall make all arrangements, furnish all samples and materials to be tested, and deliver the samples and materials to the testing agency. Reports of such tests, inspections and approvals shall be submitted to the Architect, the Construction Manager and the Contractor. The Contractor or the Onwer shall bear the costs of such tests as provided in Subparagraph Construction Issue 3 Supplementary Conditions

4 1.12 USE OF OCCUPANCY PRIOR TO SUBSTANTIAL COMPLETION A. Add the following to Article 9: 9.11 USE OR OCCUPANCY PRIOR TO SUBSTANTIAL COMPLETION The Owner shall have the right to install his furnishings and equipment within the Project prior to substantial completion of the Work. Such installation shall not constitute occupancy or use by the Owner The Owner shall have the right to use or occupy the Project, or a portion thereof, prior to substantial completion of the Work under the following conditions:.1 The Owner shall give the Contractor at least ten days prior written notice of his intention to use or occupy the Project, or a portion thereof. Prior to use or occupancy, the Architect accompanied by the Owner and the Contractor shall agree in writing on their individual responsibilities for security, maintenance, heat, utilities, damage to the Work and insurance for the area to be used or occupied..2 The insurance company or companies providing the property insurance shall consent to the use of occupancy by endorsement prior to such use or occupancy..3 After occupancy, the Owner will allow the Contractor reasonable access to the occupied area to complete and correct the Work..4 Any claims for an adjustment in the Contract Sum or an extension of the Contract Time because of the Owner s occupancy shall be made in writing to the Architect through the Construction Manager prior to such use or occupancy..5 The Contractor shall not be held responsible for any damage to the occupied part of the Project resulting from the Owner s use or occupancy..6 Use or occupancy by the Owner shall not be deemed to constitute a waiver of existing claims in behalf of the Owner or Contractor against each other PROGRESS AND COMPLETION A. Add the following to Subparagraph 8.2.2: The progress of the work shall conform to the Project Construction Schedule prepared by the Construction Manager DAMAGES FOR DELAY A. Add the following to Article 8: 8.4 DAMAGES FOR DELAY The Contractor shall be responsible for damages incurred by the Owner and any separate contractors for delay resulting from the Contractor s failure to complete the Work within the Contract Time or resulting from the progress of the Work failing to conform to the Contractor s progress schedule CONTRACTOR S LIABILITY INSURANCE A. Add the following to Article 11: Worker s Compensation and Employer s Liability Insurance..1 Worker s Compensation insurance shall be as required by law and shall include an All States or Universal Endorsement Construction Issue 4 Supplementary Conditions

5 .2 Employer s Liability Insurance shall be written for not less that $100,000 each accident General Liability Insurance..1 General Liability Insurance shall be written on a Comprehensive General Liability form and shall include coverages for premises and operations, independent contractors, usual personal injury, completed operations, contractual and other coverage s indicated below. This insurance shall be written for not less than the following limits of liability: Bodily Injury Liability $1,000,000 each occurrence $1,000,000 aggregate Property Damage liability $1,000,000 each occurrence $1,000,000 aggregate Personal Injury Liability $1,000,000 each person aggregate $1,000,000 general aggregate.2 In lieu of liability for Bodily Injury Liability and Property Damage Liability required under Clause above, the insurance may be written for a single limit of liability for bodily injury and property damage of not less than $1,000,000 each occurrence/$1,000,000 aggregate. The aggregate limit shall apply only to Bodily Injury Liability under Completed Operations coverage and to Property Damage Liability..3 Property Damage Liability coverage shall include coverage for hazards of explosion, collapse and damage to underground property (XCU)..4 The policy shall include a Broad Form Property Damage Coverage Endorsement..5 Personal Injury Liability coverage shall provide coverage for Group A, B, and C offenses. The employment exclusion shall be deleted..6 Completed Operations coverage shall be maintained in effect during construction and for a period of not less that one year after the Date of Substantial Completion of the Work..7 Contractual Liability Insurance shall insure the Contractor s obligations under Paragraph 4.18 and shall conform to the requirements of Minnesota Statues Section Automobile Liability Insurance.1 Automobile Liability form and shall cover owned, non-owned and hire vehicles. This insurance shall be written for not less than the following limits of liability: Bodily Injury Liability Property Damage Liability $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence Public Liability Insurance shall be arranged either under Comprehensive General Liability and Comprehensive Automobile Liability policies written for the full limits Construction Issue 5 Supplementary Conditions

6 required under Subparagraphs and above, or a combination of underlying Comprehensive Liability policies written for lesser limits with the remaining limits provided by an Excess or Umbrella Liability policy. If an Excess or Umbrella Liability policy is used, the total limits provided shall be not less than the sum of the Bodily Injury Liability and the Property Damage Liability limits for one occurrence specified in Clause above The Contractor shall be responsible for all deductibles and retentions which may apply to any of the insurance coverage s required by this Paragraph All policies shall provide that the Insurance company shall give the Owner, the Architect, the Construction Manager, the Contractor, and any other named insured thirty days prior written notice of cancellation, non-renewal or any material change in the policy, and insurance certificates shall so state Subparagraphs through establish minimum insurance requirements, and it is the sole responsibility of the Contractor to purchase and maintain additional insurance that may be necessary in connection with the Work The Contractor shall not commence the Work until he has obtained the required insurance and such insurance has been approved by the Owner in writing..1 The Contractor shall submit the original and two duplicate copies of the Owners and Contractors Protective Liability Insurance policy to the construction Manager for the review and approval of the Owner..2 The Contractor shall submit three copies of Certificates of Insurance for all other coverage s to the construction Manager for the review and approval of the Owner. The certificates shall be on CICC Form 701, Rev. Jan or AIA Document G705, Nov Edition All policies shall be open to inspection by the Owner, and copiers of policies shall be submitted to the Owner upon written request PROPERTY INSURANCE A. Delete Paragraph 11.3, and substitute the following: The Owner shall purchase and maintain property insurance upon the entire Work at the site. This insurance shall be written by an insurance company satisfactory to the Contractor and any separate contractors. The insurance shall be written in an amount of not less than the total of the contract sums of all separate contractors The Insurance required by Subparagraph shall be written on a Builders Risk completed value basis form and shall provide Multiple Peril coverage. A Multiple peril Endorsement which provides coverage substantially equal to that provided by the St. Paul Insurance Companies Contractor s All Risk Form, Form 19622, Rev. 2-70, shall be added to the fire policy The policy may contain a deductible of not more than $1,000 which applies to each loss If payments are to be made for materials or equipment stored off the site or in a transit pursuant to Subparagraph , and such materials or equipment ar not covered by the property insurance obtained pursuant to this Paragraph 11.3, the Contractor shall effect and maintain similar property insurance on such material and equipment Construction Issue 6 Supplementary Conditions

7 Each separate contractor shall be responsible for any deductible which applies to loss of his work. Where a signal deductible applies to loss of the work of several separate contractors, the cost of the deductible shall be prorated among the separate contractors according to the proportionate loss of each contractor The Owner, the Architect, the Engineers and any other consultants, the Construction Manager, all separate contractors, by name, and all subcontractors categorically, shall be named insured Any insured loss shall be adjusted with the named insured and payable to the named insured, as their interests may appear, subject to the requirements of any applicable mortgage clause The policy shall be endorsed to permit occupancy of the premises by the Owner The policy shall be endorsed to specifically permit the waiver of subrogation specified in Subparagraph below The policy shall be endorsed to provide that the insurance company shall give the Owner, the Architect, the Construction Manager, the Contractors and any other named insured thirty days prior written notice of cancellation, non-renewal or any material change in the policy If the Contractor requests in writing that insurance for risks other than those described in Subparagraph or other special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by Change Order The Contractor shall not commence the Work until the Owner has obtained the property insurance required by this Paragraph 11.3 and such insurance has been approved by the contractor in writing. No other separate contractor shall commence his work until he has approved the insurance in writing..1 The Owner shall submit two complete copies of the property insurance policy plus one additional copy for each contractor to the Construction Manager for review and approval of the contractors..2 Upon approval, the Owner shall file a Memorandum of Insurance with each additional named insured If the Owner does not intend to purchase the property insurance required by this Paragraph 11.3, he shall inform the Architect and the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of himself, his Subcontractors and the Subsubcontractors in the Work, and by appropriate Change Order, the thereof shall be charged to the Owner. If the contractor is damaged by failure of the Owner to purchase or maintain such insurance and so to notify the Contractor, then the Owner shall bear all reasonable costs properly attributable thereto All policies shall be open to the inspection of the named insured, and certified copies of policies shall be furnished to any of the named insured at their requests Property Insurance shall be continuous, and the property insurance required by this Paragraph 11.3 shall not be permitted to lapse until the Owner has purchased permanent property insurance on the Project The Owner and the contractor waive all rights against (1) each other and the Subcontractors, Sub-subcontractors, agents and employees each of the other, and (2) the Architect, the Construction Manager and separate contractors, if any, and their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Paragraph 11.3 or any other property insurance Construction Issue 7 Supplementary Conditions

8 applicable to the Work, except such rights as they may have to the proceeds of such insurance. Should the Owner upon terminating of the property insurance obtained pursuant to this Paragraph 11.3, neglect, fail or refuse to purchase and maintain permanent property insurance on the Project, the Owner waives all rights against the Contractor, separate contractors, if any, the Architect and their subcontractors, sub-subcontractors, agents and employees for damages to his properties from any perils insured under the terminated property insurance policy The Owner or the contractor, as appropriate, shall require of the Architect, the Construction Manager, separate contractors, Subcontractors and Sub-subcontractors by appropriate agreements, written where legally required for validity, waivers similar to those contained in Subparagraph , each in favor of all other parties enumerated in Subparagraph BOILER AND MACHINERY INSURANCE A. Add the following to Article 11: The Owner shall purchase and maintain such boiler and machinery insurance as may be required by the Contract Documents or by law. This insurance shall include the interests of the Owner and the Contractor, Subcontractors and Sub-subcontractors in the Work. The waiver of subrogation specified in Subparagraph above shall also apply to damages covered by this insurance CHANGES IN THE WORK A. Add the following to paragraph 7.1: The cost or credit to the Owner resulting for a Change in the Work shall be determined in one or more of the following ways..1 By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. A lump sum for an increase in the Contract Sum may contain a reasonable allowance for overhead and profit. No allowance for overhead and profit will be allowed if the change results in a net decrease in cost. When both additions and credits covering related Work or substitutes are involved in any one change, the allowance for overhead and profit shall be figured on the basis of net increase, if any..2 By unit prices stated in the Contract Documents or subsequently agreed upon. Unit process shall cover all of the Contractor s costs for labor, materials, equipment and related services including such costs for subcontracted work, and the Contractor s overhead and profit..3 By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee..4 By the method provided in Subparagraph and The cost of a change determined under the methods in Clauses and shall include all costs directly related to the change, and the Contractor shall itemize these cots and provide Construction Issue 8 Supplementary Conditions

9 appropriate supporting data as may be necessary to establish their correctness. All indirect costs whether incurred on or off site shall be included in the Contractor s overhead..6 In the case of Work authorized under Clauses and 7.1.5, a reasonable allowance for overhead profit shall not be more than ten percent (10%) of the net cost of Work accomplished by the Contractor s own forces and five percent (5%) of the cost of Work accomplished by Subcontractors. Subcontractors may add an allowance of not more than ten percent (10%) of the net cost of the Work accomplished by their own forces to cover their overhead and profit TERMINATION BY OWNER A. Change Subparagraph to read as follows: If the Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial breach of a provision, then the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any right or remedy and after giving the Contractor and surety, if any, three (3) days written notice, terminate the employment of the materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method he may deem expedient. END OF SECTION Construction Issue 9 Supplementary Conditions