DOCUMENT SUPPLEMENTARY CONDITIONS

Transcription

1 1.1 GENERAL CONDITIONS DOCUMENT SUPPLEMENTARY 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 Where any Article, paragraph, or subparagraph in the General Conditions is not supplemented, amended, voided or superseded by any of the following paragraphs, the provisions of such Article, paragraph or subparagraph not so amended, voided or superseded shall remain in effect.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: 1.2 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. 1.3 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. 1.4 ADMINISTRATION OF THE CONTRACT A. Add the following to Paragraph 2.2: The duties, responsibilities and limitations of authority of the Architect, as Tenant s Representative, and the Construction Manager as the Owner s and Tenant 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. 1.5 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. With regard to overtime, Scope 1 Contractors only shall comply with provisions of the following laws for this Project: Davis Bacon and Related Acts (DBRA) INTERIORS PACKAGE OF 6 SUPPLEMENTARY CONDITIONS

2 1.6 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, products, 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. 1.7 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. 1.8 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. B. Delete Article 3.7 in its entirety and add as follows: 3.7 PERMITS, FEES AND NOTICES Building Permit. The Owner will secure and pay for the building permit for the Project. Fees shall include the building permit fees; plan check fees, State surcharge; and any other fees customarily charged for the building permit. SUPPLEMENTARY CONDITIONS OF 6 INTERIORS PACKAGE

3 3.7.2 Sewer Availability Charge. The Owner will pay the Metropolitan Waste Commission s Sewer Availability Charge (SAC) Water Availability Charge. The Owner will pay the City of Brooklyn Center s Water Availability Charge (WAC) Other Permits and Fees. Each Contractor shall secure and pay for other permits and governmental fees, licenses, and inspections necessary for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which were legally required at the time Bids were received The Mechanical Contractor shall make all arrangements and pay all fees, charges and deposits for water, sewer and gas service which were applicable at the time bids were received, except the SAC and WAC charges The Electrical Contractor shall make the arrangements and pay fees, charges, and deposits for electric service which were applicable at the time Bids were received. 1.9 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 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 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee..3 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 costs and provide 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 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. INTERIORS PACKAGE OF 6 SUPPLEMENTARY CONDITIONS

4 1.12 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 LIEN WAIVERS Delete the words to the best of the Contractor's knowledge, information, and belief from Subparagraph and add the following Clauses to Subparagraph 9.3.3: It shall be the duty of the Contractor to observe provisions in the lien laws of the state and furnish papers, when necessary, for the protection of the interests of the Owner The Contractor shall furnish to the Construction Manager, along with each Application for Payment (except the first), partial or final (as the case may be) lien waivers covering all material used and subcontracts performed in connection with this Contract through the date of the prior billing Should the Contractor fail to submit required lien waivers; the Application for Payment by the Contractor may not be certified. Before final payment will be made, the Contractor shall furnish final waivers of lien conditioned on final payment, covering all materials used and subcontracts performed in connection with this Contract. Partial and final lien waivers should be shown in actual amounts. No waivers for $1.00 or such token amounts will be accepted CONTRACTOR S LIABILITY INSURANCE B. Delete 11.1 in its entirety and replace with the following: The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone for whose acts any of them may be liable: Workers Compensation and Employers Liability:.1 Coverage A: Per State Statute.2 Coverage B: $ 100,000 Each Accident $ 500,000 Disease - Policy Limit $ 100,000 Disease - Each Employee Commercial General Liability.1 $ 2,000,000 General Aggregate.2 $ 2,000,000 Products - Completed Operations Aggregate.3 $ 1,000,000 Each Occurrence.4 $ 1,000,000 Personal Injury The commercial general liability shall provide at a minimum the following coverages:.5 Operations of the Contractor.6 Operations of Subcontractor. (Contingent Liability).7 Products/Completed Operations. (To be carried for year(s) after completion of Contract.).8 Personal Injury including employee related claims..9 Employees as Additional Insured..10 Property Damage Hazards of Explosion, Collapse and Underground..11 Contractual Liability. (To insure the provisions of 3.18). SUPPLEMENTARY CONDITIONS OF 6 INTERIORS PACKAGE

5 .12 Owner, Tenant, Architect and Architect s Consultants shall be named as Additional Insured Comprehensive Automobile Liability:.1 $ 1,000,000 Combined Single Limit Bodily Injury and Property Damage. The comprehensive automobile liability shall provide coverage for the following automobiles:.2 All Owned Automobiles..3 All Non-Owned Automobiles..4 All Hired Automobiles.5 Owner, Tenant, Architect and Architect s Consultants shall be named as Additional Insured..4 The insurance set forth in these documents is the minimum insurance required. Any additional coverage that may be necessary to further protect the Contractor is the sole responsibility of the Contractor. The insurance required by Subparagraph shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for transmittal to the Owner with a copy to the Architect prior to commencement of the Work. These certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days prior written notice has been give to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor s information and belief PERFORMANCE AND PAYMENT BONDS A. Add the following to paragraph 11.4: 1.16 TESTS 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. 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 INTERIORS PACKAGE OF 6 SUPPLEMENTARY CONDITIONS

6 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 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 DOCUMENT SUPPLEMENTARY CONDITIONS OF 6 INTERIORS PACKAGE