00 0002 Supplementary Conditions annotated.pdf

DEMOLITION AND RECONSTRUCTION OF THE

HERITAGE PARK GYMNASIUM GRIFFIN, GEORGIA

SPALDING COUNTY BOARD OF COMMISIONERS PROJECT NO. 2572

SUPPLEMENTARY CONDITIONS 00 0002-1

DIVISION 00 0002 – SUPPLEMENTARY CONDITIONS

SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect.

Defined Terms

The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions.

S.C-1.01 Definitions and Terminology

Add the statement “References ascribed to the Engineer shall also apply to the Architect of Record” to the end of paragraph 1.01A.19, This modification shall also apply to all changes made in this Section.

S.C.-2.01 Delivery of Bonds and Evidence of Insurance:

Delete paragraph and caption of paragraph 2.01 of the General Conditions in its entirety and insert the following in its place:

Delivery of Bonds and Certifications of Insurance:

2.01 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds and Certifications of Insurance as CONTRACTOR may be required to furnish in accordance with paragraphs 5.01 and 5.04.

S.C.-2.02 Copies of Documents:

Delete paragraph 2.02 of the General Conditions in its entirety and insert the following in its place:

2.02 OWNER shall furnish to CONTRACTOR up to six copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the CONTRACTOR's cost of reproduction.

S.C.-2.03 Commencement of Contract Times; Notice to Proceed:

Amend the last sentence of paragraph 2.03 of the General Conditions by striking out the word "sixtieth" and adding the words "ninetieth" and as so amended paragraph 2.03 remains in effect.

S.C.-2.05 Before Starting Construction:

Add a new paragraph immediately after paragraph 2.05A of the General Conditions which is to read as follows:

2.05A.1 Before any work at the site is started which is governed by the Rules and Regulations of the Construction Industry Licensing Board of Georgia (O.C.G.A. 43-14 & 121-2), CONTRACTOR shall inform himself of those rules and regulations and qualifications for licensure, and if requested, shall deliver proof of compliance to the OWNER and ENGINEER.

S.C.-3.01 Intent:

Add a new paragraph immediately after paragraph 3.01A of the General Conditions which is to read as follows:

3.01A.1 The Drawings are intended to conform and agree with the Specifications; if, however, discrepancies occur, SUPPLEMENTARY CONDITIONS 00 0002-2 the ENGINEER will decide which shall govern. Special specifications stated on the Drawings govern that particular piece of Work and have equal weight and importance as the printed specifications. In the event of any discrepancies between the Drawings and the figures written thereon, the figures are to be taken as correct.

S.C.-4.01 Availability of Lands:

Add the following paragraphs immediately after paragraph 4.01A of the General Conditions which is to read as follows:

4.01A.1 The OWNER has endeavored to obtain all lands, rights-of-way and easements as indicated in the Contract

Documents; however, delays obtaining such lands may occur. If the OWNER is unable to obtain lands as indicated in the Contract Documents, the OWNER will notify the CONTRACTOR of those lands which are differing from those indicated in the Contract Documents, and will inform the CONTRACTOR of those areas where lands are available.

4.01A.2 The Engineer/Architect has applied for all known applicable permits relating to this project. It is not anticipated that any delays will result as a result of not obtaining any permit relating to the Work; however, Contractor should note that some limited portion of the land may not be available and should be prepared to make modifications to the project work sequencing if delays to the permit process occur. Engineer will inform Contractor immediately upon notification of these delays.

Add the following language to end of paragraph 4.02A.1 which is to read as follows:

No sub-surface Geo-Technical evaluations have, as yet, been made by Owner at the subject site, but refer to the notes in the Structural Drawings regarding soil conditions within the crawl space of the existing building.

Add the following paragraphs immediately after paragraph 4.02A.2 of the General Conditions which are to read as follows:

4.02A.3 those reports known to Owner which defined the extents of Asbestos Containing Materials removed under a previous contract as well as the Clearance Reports associated with the same.

4.02A.4 those reports known to Owner which define the extents of Lead Based Paint to be removed prior to the issuance and signing of the General Construction Contract as well as the Clearance Reports associated with that work when complete

S.C.-5.01 Performance, Payment and Other Bonds:

Change the first sentence of paragraph 5.01A of the General Conditions by deleting the words "amount at least equal to" and substituting the words "amount at least equal to 110 percent of"; and Change the second sentence of paragraph 5.01A of the General Conditions (which begins with "These Bonds") by deleting the words "one year" and substituting "two years", and as amended, paragraph 5.01A remains in effect.

S.C.-5.04 Liability Insurance Requirements:

The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations:

5.04A.1 and 5.4A.2 Workers' Compensation, etc. under paragraphs 5.04A.1 and 5.04A.2 of the General Conditions:

(1) State: Statutory

(2) Applicable Federal

(e.g. Longshoreman's): Statutory

(3) Employer's Liability: $1,000,000 per occurrence

SUPPLEMENTARY CONDITIONS 00 0002-3

$1,000,000 per person

5.04A.3, 5.04A.4 and 5.04A.5. Contractor's Liability Insurance under paragraphs 5.04A.3 through 5.04A.5 of the General Conditions which shall also include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor:

(1) General Aggregate (Except Produces -- Completed Operations $1,000,000

(2) Products -- Completed Operations Aggregate $1,000,000

(3) Personnel and Advertising Injury (Per Person/Organization) $1,000,000

(4) Each Occurrence (Bodily Injury and Property Damage) $1,000,000

(5) Property Damage liability insurance will provide Explosion, Collapse and Underground coverages where applicable.

(6) Excess Liability General Aggregate $3,000,000

Each Occurrence $1,000,000

5.04A.6 Automobile Liability:

(1) Bodily Injury:

$1,000,000 Each Person $1,000,000 Each Accident

Property Damage:

$1,000,000 Each Accident or

(2) Combined Single Limit (Bodily Injury and Property Damage):

$1,000,000 Each Accident

S.C.-5.04B Contractual Endorsement

The Contractual Liability coverage required by paragraph 5.04B.4 of the General Conditions shall provide coverage for not less than the following amounts:

(1) General Aggregate $1,000,000

(2) Each Occurrence (Bodily Injury and Property Damage) $1,000,000

S.C.-5.04B.1 Additional Insureds

Additional insureds on all insurance shall be listed as follows: City of Griffin; City of Griffin Public Works; Paragon Consulting Group, Inc. and Warren Epstein & Associates, Architects, Inc.

Additional insured on all insurance shall be notified directly in writing by insurance provider a minimum of 45 days prior to any change or potential cancellation in policy. Insurance carrier shall acknowledge this requirement in writing to Engineer prior to issuance of Notice to Proceed.

S.C.-6.02 Labor; Working Hours:

SUPPLEMENTARY CONDITIONS 00 0002-4

Add the following language at the end of the last sentence of paragraph 6.02B of the General Conditions:

This written consent given after prior written notice to ENGINEER, relates to having access to the work at all times, in advance of when it is in progress. Any Work performed by the CONTRACTOR after regular working hours, on Sundays or Legal Holidays shall be performed without additional expense to the OWNER.

S.C.-6.06 Concerning Subcontractors, Suppliers, and Others Add the following 2 paragraphs after paragraph 6.06B:

6.06B.1 Within five (5) days after Bid opening, apparent successful Bidder and any other Bidder so requested, shall submit to Owner a list revealing identity of all Subcontractors, suppliers and any other persons and organizations (including those who furnish the principal items of material and equipment). Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualifications for each such Subcontractor, supplies, person or organization if requested by Owner. Owner or Engineer, who after due investigation, has reasonable objection to any proposed Subcontractor or supplier or other person or organization, may before Notice to Award is given, request apparent successful Bidder to submit an acceptable substitute, in which case apparent successful Bidder shall submit an acceptable substitute, that Bidder’s price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and make the contract award.

6.06B.2 If the apparent successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of Notice of Award will be deemed acceptable to Owner and Engineer, subject to revocation of such acceptance after the effective date of the Agreement.

S.C.-6.09 Laws and Regulations:

Add a new paragraph immediately after paragraph 6.09C of the General Conditions which is to read as follows:

6.09D CONTRACTOR shall perform those duties as they relate to Section 36-82-104 of the Official Code of Georgia Annotated, and shall file the Notice of Commencement, and Notice to Contractor. CONTRACTOR shall provide OWNER and ENGINEER with proof of having performed these duties before any progress payments or final payment shall be considered due and payable to the CONTRACTOR.

S.C. 12.04 – 12.07 Change of Contract Price; Change of Contract Time:

Add the following Subparagraphs after Subparagraph 12.03 of the General Conditions:

12.04 In the event the Contractor shall be delinquent in respect to compliance with the time limits established in the construction progress schedule (not due to any of the causes indicated in Paragraph 12.03 and 12.05), he shall, within seven days after receipt of written demand of the Owner, COMMENCE WORKING NOT LESS THAN A TWELVE-HOUR DAY AND NOT LESS THAN SIX DAYS A WEEK UNTIL SUCH TIME AS HE SHALL HAVE BROUGHT THE AMOUNT OF WORK IN PLACE INTO COMPLIANCE WITH THE CONSTRUCTION PROGRESS SCHEDULE. Fulfillment of this requirement as to overtime work (hereinafter referred to as “recovery of lost time required of the Contractor for his breach of the covenant as to time) shall not relieve the Contractor from liability for breach of the covenant as to time (See Article 3 (Contract Times) of The Agreement Between Owner and Contractor (AG-1). For account of recovery of lost time required of the Contractor for his breach of the covenant as to time, the Contractor shall be entitled to no claim against the Owner for any payment, repayment, reimbursement, remittance, remuneration, compensation, profit, cost, overhead, expense, loss expenditure, allowance, charge, demand, hire, wages, salary, tax, cash, assessment, price, money, bill, statement, dues, recovery, restitution, benefit, recoupment, exaction, injury or damages.

12.05 The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such

SUPPLEMENTARY CONDITIONS 00 0002-5

rate of progress as will ensure full completion thereof within the time called for in the Contract Documents. It is expressly understood and agreed that the Contractor has considered all contingencies and factors affecting his ability to perform all the work within this time, including among others, delays caused by bad weather (as detailed in 12.09 below) and other possible delays caused by the industrial conditions prevailing in this locality, and after consideration of these factors, he had made an allowance for such factors before agreeing to completion date specified in the Contract Documents, and does further agree that all things considered, such completion date is a reasonable time for completion of all Work to be performed hereunder, without the need for any extension of time for any reason.

12.06 Completion time will not be extended for normal bad weather. The time for completion as stated in the Contract Documents includes due allowance for calendar days on which work cannot be performed. For the purpose of this Contract, the Contractor agrees that he may expect to lose calendar days due to weather in accordance with the following table:

Jan. 10 days May 8 days Sep. 7 days Feb. 9 days June 8 days Oct. 6 days Mar. 9 days July 11 days Nov. 7 days Apr. 8 days Aug. 9 days Dec. 8 days

Also, the Contractor agrees that the measure of extreme weather during the period covered by this Contract shall be the number of days in excess of those shown for each month in the table above, in which precipitation exceeded .10 inch and/or the average temperature failed to exceed 40 degrees F., averaged from the University of Georgia Experiment Station Griffin Campus weather station in Griffin, Georgia. This is the same source of data used to determine normal weather losses. If the total accumulated number of calendar days lost to weather, from the start of work until the completion of project exceeds that total accumulated number to be expected for the same period from the table above, time for completion will be extended by the number of calendar days needed to include the excess number of calendar days lost. Request for extension in contract time shall be done as specified in change order request procedures.

12.07 No change in Contract Sum will be authorized because of adjustments of Contract Time due to Owner’s acceptance of Contract Claims for adjustments to Time due to abnormal weather conditions.

S.C.-13.07 Correction Period:

Change the first line of paragraph 13.07A from "If within one year after the date of Substantial" to read as follows: "If within two years after the date of Substantial", and as amended paragraph 13.07A remains in effect.

S.C.-14.02 Progress Payments:

Amend the third word of the first sentence in paragraph 14.02A.1 of the General Conditions by striking out the word “20” and adding the word “thirty” and as so amended paragraph 14.02A.1 remains in effect.

The submittal schedule for payment shall be as follows:

1. Contractor submits individual pay request for each project on 10th of the current month for work previously done and not invoiced.

2. Engineer reviews and sends recommended pay request (either as submitted by Contractor or revised) to Owner by 17th of current month.

3. Owner pays pay request (either as recommended by Engineer or revised) to Contractor by 10th of following month.

Delete section 14.02.C1 of the General Conditions in its entirety and insert the following in its place:

1. Within 30 days of receipt of pay request that is approved by Engineer, Owner shall make payment to Contractor.

2. If Engineer rejects pay request as inaccurate or lacking documentation, the payment schedule will reset at the time Contractor resubmits the revised pay request.

S.C.-16.01 Methods and Procedures

Delete paragraph 16.01C.3 of the General Conditions in its entirety and insert the following in its place:

SUPPLEMENTARY CONDITIONS 00 0002-6

“gives written notice to the other party of their intent to submit the Claim to the Superior Court of Spalding County, Georgia.”

END OF SECTION 00 0002