AIA_General_Conditions_for_Contract_and_Modifications_to_General_Conditions.pdf

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,:, Al.A Document A20f' - 2007

General Conditions of the Contract for Construction for the following PROJECT:

(Name and location or address)

HEALTH DEPARTMENT WINDOWS AND DOORS REPLACEMENT FOR OCEAN COUNTY

THE OWNER:

COUNTY OF OCEAN

101 HOOPER AVENUE

TOMS RIVER, NJ 08754-2191

THE ARCHITECT:

YEZZI ASSOCIATES, LLC

18 Washington St.

Toms River, NJ 08753

TABLE OF ARTICLES

1 GENERAL PROVISIONS

2 OWNER

3 CONTRACTOR

4 ARCHITECT

5 SUBCONTRACTORS

6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

7 CHANGES IN THE WORK

8 TIME

9 PAYMENTS AND COMPLETION

10 PROTECTION OF PERSONS AND PROPERTY

11 INSURANCE AND BONDS

12 UNCOVERING AND CORRECTION OF WORK

13 MISCELLANEOUS PROVISIONS

14 TERMINATION OR SUSPENSION OF THE CONTRACT

15 CLAIMS AND DISPUTES

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion. The author may also have revised the text of the original

AIA standard form. An Additions and

Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

AIA Document A201™ -2007. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AJA

Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:44:26 on 06/13/2014 under Order No.8013108342_ 1 which expires on 02/05/2015, and is not for resale.

User Notes: (808864835)

MODIFICATIONS OF THE GENERAL CONDITIONS OF THE

CONTRACT FOR CONSTRUCTION

AIA DOCUMENT A201-2007

PRECEDENCE

Wherever the Supplementary Conditions make deletions from, revisions to and insertions in the General Conditions, the provisions of the Supplementary Conditions shall take precedence over those of the General Conditions.

Note: The following supplements modify, change, delete from, or add to the “General Conditions of the Contract for Construction”, AIA Document A201- 2007 edition. Where any Article of the General Conditions is modified or any Section, Paragraph, Subparagraph or Clause thereof is modified or deleted by these Supplementary Conditions, the unaltered provisions of that Article, Section, Paragraph, Subparagraph or Clause shall remain in effect.

MODIFICATIONS OF ARTICLE 1.

GENERAL PROVISIONS

§ 1.1 BASIC DEFINITIONS

Delete § 1.1.1 in its entirety and insert the following:

§ 1.1.1 THE CONTRACT DOCUMENTS

The Contract Documents consist of:

1. A-101 Owner Contract Agreement Form

2. A-201 General Conditions of the Contract for Construction (Provided in Specifications)

3. A-305 Contractor’s Qualification Statement

4. A-310 Bid Bond

5. A-312 Performance Bond and Labor and Material Payment Bond

6. A-701 Instructions to Bidder

7. G-732 Application and Certificate for Payment

8. G-703 Continuation Sheet

9. G-704 Certificate of Substantial Completion

10. G-705 List of Subcontractors

11. G-706 Contactor’s Affidavit of Payment of Debts and Claims

12. G-706A Contractor’s Affidavit of Release of Liens

13. G-707 Consent of Surety Company for Final Payment

14. Agreement between the Construction Manager and the Owner (if applicable)

15. All Drawings, Specifications, and addenda thereto issued by the Architect prior to the submittal of sealed bids.

16. All Bidding Documents, including, but not limited to, the Instructions to Bidders, the

Contractors Bid and the like, to the extent said Documents are not in conflict with these General Conditions of the Construction Contract.

The Contractor acknowledges and agrees that the Contract Documents are sufficient to provide for the completion of the Work and shall include Work, whether or not shown or described, which reasonably may be inferred to be required or useful for the completion of the Work in accordance with applicable laws, codes, and professional standards.

Modifications to the Contract may thereafter only be made by (1) a written amendment to the Contract signed by both parties; (2) a Change Order; (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect.

§ 1.1.2.1 Affirmative Action: The parties to this Contract agree to incorporate into this contract the mandatory language of subsection 3 .4(a) of the regulations promulgated by the Treasurer pursuant to PL 1975, Chapter I 27 as amended and supplemented from time to time, and the Contractor or Subcontractor agrees to comply fully with the terms, provisions and obligations of said subsection 3.4(a) provided that said subsection shall be applied subject to the terms of subsection 3.4(a) of said regulations.

§ 1.1.2.2. The parties to this contract agree to incorporate into this contract the mandatory language of subsection

7.4(a) and (b) of the regulations promulgated by the Treasurer pursuant to PL 1975, Chapter 127 as amended and supplemented from time to time, and the contractor or subcontractor agrees to comply fully with the terms, provisions and obligations of subsections 7.4(a) and (b).

§ 1.1.7 INSTRUMENTS OF SERVICE

Add the following subparagraph:

The Contractors will purchase copies of the contract drawings and copies of the specifications for the execution of work from the Architect’s office at a cost of $150.00 (1 set of drawings and 1 set of specifications).

Contractors shall allow in their bids a sufficient sum to cover the cost of the documents which they will require for permit submission and general use.

Add the following Subparagraph:

§1.1.9 OWNER DISCLAIMER OF WARRANTY

The Owner has requested that the Architect prepare documents for the Project, including the Drawings and the Specifications for the Project, which are to be complete, accurate, coordinated, and adequate for bidding, negotiating and constructing the Work. However, the Owner makes no representation or warranty of any nature whatsoever to the Contractor concerning such documents. The Contractor hereby acknowledges and represents that it has not relied, and does not and will not rely, upon any representations or warranties by the Owner concerning such documents, as no such representations or warranties have been or are hereby made.

§ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

Add the following Subparagraphs:

§ 1.2.4 Where the words “shown” or “shown on drawings” are used in the specifications, they shall be construed to mean “noted”, “indicated”, “scheduled”, “detailed”, or any other diagrammatic or written referenced made on the drawings.

§ 1.2.5 The use of the words “provide” or “provided” is intended to mean “furnish(ed)” and/or “connect(ed)”, unless specifically indicated otherwise in the specification.

§ 1.2.6 Where the words “equal” or “equivalent” are used, each shall be construed to mean being same in value, measure, force, affect or significance and corresponding in position and function subject to the approval of the Architect.

§ 1.2.7 The terms “approved” or “approval” mean approval of the Architect.

§ 1.2.8 The terms “specification” or “specifications” shall mean all matter contained in the bound volume so entitled and related documents thereto.

§ 1.2.9 The terms “directed”, “required”, “permitted”, “ordered”, “designated”, “prescribed”, and words of like import shall imply the direction, requirements, permission, order, designation or prescription of the Architect and “approved”, “acceptable”, “satisfactory”, and words of like import shall mean approved by or acceptable or satisfactory to the Architect and “necessary”, “reasonable”, “proper”, “correct”, and words of like import shall mean necessary, reasonable, proper, or correct, in the judgment of the Architect.

§ 1.2.10 The term “Work” as used herein refers to Work normally done at the location of the project or to that done in shops remote from the site and includes all plant, labor, materials, supplied, equipment and other facilities and things necessary or proper for or incidental to the carrying out and completion of the terms of the Contract Documents.

§ 1.5 Delete § 1.5 in its entirety and replace with:

“The Drawings, Specifications and other documents prepared by the Architect for this project are the Property of the Owner, County of Ocean, and the Architect, and are instruments through which the Work to be executed by the Contractor is described.”

MODIFICATIONS OF ARTICLE 2.

OWNER

§ 2.1 DEFINITION

§ 2.1.1 Delete Subparagraph § 2.1.1 in its entirety and insert the following:

§ 2.1.1 The Owner is the County of Ocean. The term “Owner” means the Owner or the Owner’s authorized representative.

§ 2.1.2 Delete Subparagraph § 2.1.2 in its entirety.

§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER

Delete Paragraph § 2.2 in its entirety.

§ 2.3 Delete Paragraph § 2.3 in its entirety and insert the following:

§ 2.3 OWNER’S RIGHT TO STOP WORK

If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or fails to carry out Work in accordance with the Contract Documents, or fails or refuses to provide a sufficient amount of properly supervised and coordinated labor, or equipment so as to be able to complete the Work within the Contract Time or disregards the instructions of the Architect or Owner when based on the requirements of the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner or the Architect to stop the Work shall not give rise to a duty on the part of the Owner or the Architect to exercise this right for the benefit of the Contractor or any other person or entity. For the purposes of this paragraph the Architect and/or the Construction Manager is specifically empowered to sign stop work order as described in this paragraph.

§ 2.4 Delete Paragraph § 2.4 in its entirety and insert the following:

§ 2.4 OWNER’S RIGHT TO CARRY OUT THE WORK

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect and Construction Manager’s additional services made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor and/or Surety shall pay the difference to the Owner.

MODIFICATIONS OF ARTICLE 3

CONTRACTOR

§ 3.1 GENERAL

§ 3.1.3 Delete Paragraph § 3.1.1 in its entirety and insert the following:

§ 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Owner or the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor.

Add the following Subparagraph:

§3.1.4 No subletting of the award, or assignment of monies due or to become due, shall be made without written consent of the Owner.

§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR

§ 3.2. Delete Paragraph § 3.2. in its entirety including Subparagraphs § 3.2.1 through § 3.2.3 and insert the following.

§ 3.2.1 If any errors, inconsistencies or omissions appear in the Drawings, Specifications, or other Contract Documents, which should reasonably have been discovered and concerning which interpretation had not been obtained during the Bidding Period, the Contractor shall within ten (10) days after receiving written "Letter of Intent or Notice to Proceed" notify the Architect in writing of such error, inconsistency or omission. In the event the Contractor fails to give such notice, he will be responsible for the results of any such errors, inconsistencies or omissions and the cost of rectifying same. The Architect shall make interpretations of this procedure and his decision will be final.

§ 3.2.2 Figured dimensions shall always take precedence over scale measurements and dimensions given at full size or large-scale details shall take precedence over smaller scaled measurements. Discrepancies shall be referred to the Architect in writing for adjustments before any work affected thereby has been performed. Contractor shall check and verify all measurements on project, shall be responsible for their corrections and fit, and make work in conformity with same.

§ 3.2.3 Where compliance with 2 or more industry standards or sets of requirements is specified, and overlapping of those different standards or requirements establishes different or conflicting minimums or levels of quality, the most stringent requirement (which is generally recognized to be the most costly) is intended and will be enforced. Refer apparently-equal-but-different requirements, and uncertainties as to which level of quality is more stringent, to Architect/Engineer in writing for a decision before proceeding. These may be shown on any plan, partial plan, in the Project Manual or in any Addenda.

§ 3.2.4 Where the word "similar" occurs on the drawings it shall be used in its general sense and not as meaning identical, and all details shall be worked out in relation to their location and their connection to other parts of the work. Where on any drawings or a portion of the work is drawn out and the remainder is indicated in outline, the parts drawn out shall apply also to other like portions of the work. Where detail is indicated by starting only, such detail shall be continued throughout the courses or parts in which it occurs, and shall also apply to all other similar parts in the work unless otherwise indicated.

§ 3.2.5 Where the Architect must prepare “responses to Contractor’s Requests for Information” (RFI’s), where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or Project correspondence or documentation. The Owner will back-charge the Contractor for all costs associated with the additional Contract Administration Services provided by the Architect.

§ 3.2.6 Contractor shall locate benchmarks and establish primary lines and levels. Contractor shall be responsible for layout, grades, elevations and lines specifically relating to his work. Contractor will verify all grades, elevations, lines, levels and dimensions shown on the drawings, and report any discrepancies or inconsistencies in the above in writing to the Architect and Construction Manager before commencing work. Contractor shall carefully protect benchmarks, surveyor’s stakes, etc. from displacement or removal. Contractor shall perform this work in an orderly and timely manner without delay.

§3.2.7 Each Contractor shall take his own measurements at the site verifying same with the drawings and with the construction in progress and will be held responsible for the proper fit of completed work in position.

§3.2.8 All work shall be in accordance with the specifications. Noncompliance shall result in rejection of the bid or the stopping of the work.

§3.2.9 Contractor shall determine, with the Architect and Construction Manager, prior to ordering materials, that location which will be suitable for delivery and storage of materials and equipment. This is dependent upon availability of space. All materials and equipment shall be kept in a secure area or removed from the job site when work is not actually in progress.

§3.2.10 The Contractor shall be responsible for the condition of the buildings and shall at all times make adequate provisions to protect adjacent work and materials. He shall replace or put in good condition anything damaged in carrying on the work, and keep the premises free offal unauthorized or objectionable persons. At the completion of the work, all surplus materials, equipment, and debris shall be removed from the premises.

§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

Add the following Subparagraphs under § 3.3:

§ 3.3.4 The Contractor, when requested by the Architect or Construction Manager, shall meet the representatives of the

Architect or Construction Manager at all times and furnish information requested, the Contractor shall allow the Architect or Construction Manager to inspect the work at all times. Neither the Owner, Architect, nor Construction Manager shall be liable to the Contractor for extra compensation or damages for interference or delays on account of such meetings, information or inspections so requested or other acts of the Architect or Construction Manger done in good faith and within the scope of their employment with the Owner.

§3.3.5 Contractor shall locate benchmarks and establish primary lines and levels. Contractor shall be responsible for layout, grades, elevations and lines specifically relating to his work. Contractor will verify all grades, elevations, lines, levels and dimensions shown on the drawings, and report any discrepancies or inconsistencies in the above in writing to the Architect before commencing work. Contractor shall carefully protect benchmarks, surveyor’s stakes, etc. from displacement or removal. Contractor shall perform this work in an orderly and timely manner without delay.

§3.3.6 Each Contractor shall take his own measurements at the site verifying same with the drawings and with the construction in progress and will be held responsible for the proper fit of the completed work in position.

§3.3.7 All work shall be in accordance with the specifications. Noncompliance shall result in the stoppage of the work.

§3.3.8 Contractor shall determine, with the Architect, prior to ordering the materials, that location which will be suitable for delivery and storage of materials and equipment. This is dependent upon availability of space. All materials and equipment shall be kept in a secure area or removed from the job site when work is not actually in progress.

§3.3.9 The Contractor shall be responsible for the condition of the building(s) and shall at all times make adequate provisions to protect adjacent work and materials. The Contractor shall replace or put in good condition anything damaged in carrying on the work, and keep the premises free of all unauthorized or objectionable persons. At the completion of the work, all surplus materials, equipment, and debris shall be removed from the premises.

§ 3.4 LABOR AND MATERIALS

Add the following Subparagraphs under § 3.4:

§ 3.4.4 The Contractor shall also furnish, erect and remove when no longer necessary or when directed to do so, necessary scaffolding including ladders, protections, hoists and other temporary structures or equipment for construction or work and shall furnish, erect and remove necessary shoring and be responsible for the safety and strength of same.

§ 3.4.5 All materials shall be of AMERICAN MANUFACTURE. Materials and workmanship shall, in every respect, be in accordance with the best modern practice and whenever the contract drawings, specification or directions of the Architect admit of a doubt as to what is permissible or fail to note the quality of any work, the interpretations which calls for the best quality work is to be followed. Materials installed as part of the permanent construction shall be new materials, except as may be otherwise herein specified/required.

§ 3.4.6 All materials delivered to the premises which are to form a part of the work are to be considered the property of the Owner and must not be removed without the Architect’s consent; but the Contract shall remove and surplus materials upon completion of each phase of the work and as directed by the Architect.

§ 3.4.7 Where several brands, makes or manufacturers are listed as “approved” each shall be regarded as the equivalent of each other. Where only one is specified with “or equal” or “or equivalent”, it shall be regarded merely as a standard. If the words “or equal” or “or equivalent” do not follow the specified products, it is intended that the product or products so specified are a criteria which serve the best interests of the Owner. If the Contractor desires to substitute a material not listed, he shall apply to the Architect, in writing, for approval and state credit or extra involved. He shall accompany his request with technical data and samples for the Architect’s consideration. Where no brand name is specified, and material is referred to as “approved”, it signified that the Architect must be consulted as to source from which the material will be secured and its quality. The Architect reserves the right to test and inspect any and all substitute materials to determine the quality, workmanship, operation and general suitability shall be borne by the Contractor.

§ 3.4.8 Not later than 10 days from the Contract Date, the Contractor shall provide a list showing the name of the manufacturer proposed to be used for each of the products identified in the General Requirements of the Specifications (Division 1) and, where applicable, the name of the installing Subcontractor.

§ 3.4.9 The Architect will promptly reply in writing to the Contractor stating whether the Owner or the Architect, after due investigation, has reasonable objection to any such proposal. If adequate data on any proposed manufacturer or installer is not available, the Architect may state that action will be deferred until the Contractor provides further data. Failure to object to a manufacturer shall not constitute a waiver of any of the requirements of the Contract Documents, and all products furnished by the listed manufacturer must confirm to such requirements.

§ 3.4.10 After the contract has been executed, the Owner and the Architect will consider a formal request for the substitution of products in place of those specified only under the conditions set forth in the General Requirements of the Specification (Division 1).

§ 3.4.11 By making requests for substitution based on the above, the Contractor:

a. Represents that he has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified;

b. Represents that he will provide the same warranty for the substitution that he would for that specified;

c. Certifies that the cost data presented is complete and includes all related costs under this contract but excludes costs under separate contracts, and excludes the Architect’s redesign costs, and waives all claims for additional costs related to the substitution which subsequently become apparent; and

d. Will coordinate the installation of the accepted substitute, making such changes as may be required for the work to be complete in all respects.

§ 3.4.12 Progress Schedule - The Contractor shall submit to the Architect within 10 days of award of the contract a complete and realistic time schedule of all trades to complete the project.

§ 3.4.13 Insofar as practical or required to obtain a full warranty, except as otherwise specified or shown, the material or product of one Manufacturer shall be used throughout the work for each specified purpose.

§ 3.4.14 All manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in strict accordance with the Manufacturer’s directions. Should such directions conflict with the Specifications, the Contractor shall request (in writing) clarification from the Architect before proceeding.

§ 3.4.15 No previous inspection or certificate of payment shall be held as an acceptance of defective work or materials or to relieve Contractor from the obligation to furnish sound materials and to perform good satisfactory work.

The Architect shall be the sole judge of the materials and work furnished.

§3.4.15 TEMPORARY ITEMS. If boxes of the following subparagraphs (§3.4.15.1 -§3.4.15.20.2) are checked, they are mandatory requirements of the bid proposal and contract.

� §3.4.15.1 TOOLS AND SCAFFOLDING - All manner of scaffolding and tools required for the proper execution of work shall be provided by each Contractor, who shall maintain all in good working order and be responsible for the safety, use, maintenance, and care of same.

� §3.4.15.2 STORAGE SHEDS – All Contractors shall provide sufficient storage sheds for materials requiring shelter from the weather and locate same to make the best use of the space available on the property. Upon completion of the contract work all temporary field structures shall be taken down and the site restored to the satisfaction of the Architect. Location of temporary sheds or trailers shall be as directed by the Architect.

� §3.4.15.3 STORAGE AREAS – All construction sheds and material storage shall be confined within fenced areas. The Architect shall determine areas to be used for materials and shed. Contractor shall provide and erect a 6’0” high chain link fence around perimeter of material storage shed areas as directed by the Architect and maintain its repair during entire construction contract. Said fence shall have 4’0” high slat screen fence.

� §3.4.15.4 TEMPORARY TOILET – The Contractor shall provide and maintain sanitary temporary toilet at the site, located as directed, for use by those engaged in the work. Enclose and waterproof this temporary toilet;

keep in constant sanitary approved condition. Remove from site and clean up when directed by Owner and Architect. No interior toilet facilities in building shall be used during any point of construction by any of the workers.

� §3.4.15.5 TEMPORARY WATER – The Plumbing Contractor shall make all necessary provisions for water required for construction for all trades as outlined in the specifications. All Contractors bidding on this project shall fully acquaint themselves with the requirements listed therein. The Contractor shall pay for all water used, if required.

� §3.4.15.6 TEMPORARY CONSTRUCTION FENCE – Around the building construction site, provide a 6’0” high fence, set 10’0” off building lines, all four sides. Maintain fence repair and upkeep during the entire construction contract. (By Contractor) Fence shall have 4’0” high slat screen in fence.

� §3.4.16 VENTILATION – During construction and up to the date of final acceptance, the Contractor shall be responsible for the opening and closing of windows and doors as may be necessary for the drying out of plaster and/or finished work and keep rain and snow out of the building and secure building as required.

� §3.4.17 TEMPORARY HEAT – (by Contractor)

� §3.4.17.1 When temporary heat is required for the protection of the work during the construction of the project, the Contractor shall provide approved salamanders stoves with pipes to outside of building, or other approved heating apparatus, and shall provide adequate and proper fuel and maintain fires as required for protecting or drying out of work.

� §3.4.17.2 Temporary heating apparatus shall be installed and operated in such a manner that the finished work will not be damaged thereby.

� §3.4.17.3 Freeze-Up Protection – Each contractor shall be responsible for protection of his work against any damage, including damage by freezing. Should any damage be caused to his work, to the work of others, and/or the owner’s property through failure to provide adequate protection, the contractor shall make good such damages at his own expense.

� §3.4.17.4 The Contractor shall employ all techniques, provisions and labor required for the temporary heating needs of the areas of work.

� §3.4.18 TEMPORARY ELECTRICAL

� §3.4.18.1 The Electrical Contractor will provide, pay for and maintain temporary light and power facilities as outlined in the specifications for electrical work. All contractors bidding on this project shall fully acquaint themselves with the requirements listed therein. The Contractor shall pay for all power consumed.

� §3.4.19 JOB OFFICES

� § 3.4.19.1 Contractor shall furnish and maintain a construction trailer for the use of employees, the Architect, the

Construction Manager etc.

� § 3.4.19.2 Contractor shall furnish and maintain, in the contractor’s trailer, adequate facilities for the Architect and his representative at the site. This building shall be equipped with a plywood drafting table, a stool, telephone, windows, and an electrical heater of sufficient capacity for heating the space, a light and an outlet.

� § 3.4.19.3 All construction sheds and material storage shall be confined within fenced areas. The Architect shall determine areas to be used for materials and shed. Contractor shall provide and erect a 6’0” high chain link fence around perimeter of material storage shed area as directed by the Architect, and maintain its repair during entire construction contract. Minimum storage area is 40’ x 60’.

� § 3.4.20 TELEPHONE (by Contractor)

� § 3.4.20.1 The Contractor shall have a telephone provided and maintained in his job office from the beginning to the completion of the work. A suitable gong or bell shall be provided with this telephone so that it can be heard at any point on the site, or within the walls of the building.

� § 3.4.20.2 This telephone shall be free for local business calls by other contractors or by persons having interest in the erection of the building and for outside calls charged at the telephone company’s scheduled rates for subscribers, provided that the above parties reimburse the Contractor for calls made by them.

§ 3.5 WARRANTY

§ 3.5.1 Replace the word “may” with the word “shall” wherever “may” appears. Add the following Subparagraph under § 3.5:

§ 3.5.2 The Contractor represents that all manufacturer and supplier warranties shall run directly to or specifically assignable to the Owner. The Contract warrants that all portions of the work that will be covered by a manufacturer’s or supplier’s warranty shall be performed in such a manner so as to preserve all rights under such warranties. The Contractor hereby assigns to the Owner effective upon the termination of this contract all manufacturer’s and supplier’s warranties related to the Work, and the Contractor shall upon request of the Owner execute and document necessary to effectuate such assignment. If the Owner attempts to enforce a claim based upon a manufacturer’s or supplier’s warranty and such manufacturer or supplier refuses to honor such warranty based in whole or in part on a claim of defective installation by the Contractor, the Contractor shall be responsible for any resulting loss or damages incurred by the Owner as a result of the manufacturer’s or supplier’s refusal to honor such warranty. The Contractor’s obligations under this Subparagraph 3.5.2 shall survive the expiration or earlier termination of the Contract. The Contractor shall fully warranty all material and workmanship for the entire project for one year from substantial completion of applicable phases and acceptance by Owner unless otherwise indicated.

§ 3.6 TAXES

Add “Taxes paid by the Contractor shall also include unemployment, pension, social security, disability, and any and all other taxes imposed by local, county, state and federal authorities.”

Add the following Subparagraph under § 3.6:

§ 3.6.2 The Owner is exempt from all taxes including Federal Excise Tax, fuel tax, transportation taxes and State Sales or Use Tax.

§ 3.7 PERMITS, FEES AND NOTICES

Delete from the beginning of the first sentence of Subparagraph § 3.7.1 “Unless otherwise provided . . .” through “.

. .the Owner.” Replace with “The Contractor. . .” So that the beginning of this subparagraph reads “The Contractor shall secure the building permit . . .”

Delete Paragraphs § 3.7.4 and §3.7.5 in its entirety and insert the following.

§ 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than three (3) days after first observance of the conditions. The Architect will promptly investigate such conditions and they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect’s determination or recommendation, the Contractor may proceed in Article 15, giving the required notice of his/her dispute and stating a claim in writing to the Owner and the Architect within 21 days after the Architect has given notice of its decision. The Contractor’s failure to submit said claim in strict conformance with Article 15 shall be deemed a waiver of the claim and the Contractor shall not be entitled to any compensation associated with the claim.

§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Architect. The Contractor shall continue to suspend such operations until otherwise instructed by the Architect but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. The Contractor’s failure to submit said claim in strict conformance with Article 15 shall be deemed a waiver of the claim and the Contractor shall not be entitled to any compensation associated with the claim.

Add the following Subparagraph under § 3.7.5:

§ 3.7.6 The Contractor must maintain such soil and erosion control measures as necessitated by exiting site and climate conditions in accordance with State and Federal regulations so as to prevent any damage to the site and adjacent properties.

§ 3.8. ALLOWANCES

Add the following Subparagraph under § 3.8.2:

§ 3.8.3. The Contractor shall secure proposal and provide submittal data for allowance items required by the Contract allowing adequate time for the Owner’s selection to be made without delays to the Work. Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.

§ 3.8.4 In situations in which the Contractor has provided a unit price for an allowance quantity identified in the bid documents, the unit price shall include all of the costs identified in Section 3.8.2.1 and the costs for unloading and handling at the site, installation, overhead, profit, and other expenses associated with the item.

If the quantity of items included in the allowance is not used or is exceeded during the Project, the Contract Sum shall be decreased or increased based upon the unit price amount by Change Order.

§ 3.9.1 SUPERINTENDENT

Rename the Section “CONTRACTOR’S SUPERINTENDENT”

Delete Paragraph 3.9 in its entirety. And add the following Subparagraph:

§ 3.9.1 The Contractor shall employ a competent full time construction superintendent or foreman and any necessary assistants to oversee their own work and the work of their sub-contractors and who shall be in attendance at the Project site during performance of the Work on a daily basis. The superintendent/foreman shall represent the Contractor, and communications given to the superintendent/foreman shall be as binding as if given to the Contractor. All communications shall be confirmed in writing. A hard copy shall be retained at all times. The superintendent/foreman shall not be a Subcontractor acting as the Contractor’s representative.

§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent/foreman. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent/foreman or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. Notwithstanding the above, the Owner and Architect reserve the right to notify the Contractor of their reasonable objection to the superintendent/foreman after the 14 day period based upon their performance or failure to perform their duties and responsibilities.

§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection and shall promptly replace the superintendent/foreman objected to by the Owner and Architect pursuant to Section 3.92. The Contractor shall not change the superintendent/foreman without the Owner’s consent, which shall not unreasonably be withheld or delayed. The Contractor’s superintendent/foreman will at all times be subject to the approval of the Architect and Owner. The Architect and the Owner reserves the right to require the contractor to replace the superintendent/foreman if, in the opinion of the Architect and Owner, the superintendent/foreman is not performing satisfactorily.

§ 3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES

Delete Paragraph 3.10 in its entirety and insert the following:

§ 3.10.1 Contractor shall, within twenty (20) calendar days after issuance of a Letter of Intent or Notice to Proceed, prepare and submit for the Owner's and Architect's information, and the Construction Manager’s approval, an estimated, detailed, coordinated Contractor’s Construction Schedule along with a coordinated, detailed submittal schedule, in accordance with Article 3.12.12, for the work of the entire Project. SEVEN (7) calendar days after the Construction Manager receives the Contractor’s Construction Schedule, the President of the Company or Corporation and the Construction Manager shall meet to review, coordinate and sign off on an agreed upon Contractors’ Construction Schedule. The schedule shall not exceed time limits current under the Contract Documents for substantial completion of the entire Project. The Contractor’s Construction Schedule shall be updated at least every 30 calendar days or updated as often as deemed necessary by the Architect or Construction Manager. Upon 4 working days of such request by the Architect or Construction Manager, the Contractor shall submit an updated Contractor’s Construction Schedule. The updated

Construction Schedule will be reviewed at each Job Meeting and the Contractor is required to have a representative present at the Job Meeting with written authorization from the President of the Company or Corporation to review and sign-off on any approved changes to the agreed upon, updated Construction Schedule. Failure by the Contractor to provide schedule updates in the time required shall result in a reduction in the Contractor’s Contract Amount of TWO HUNDRED AND FIFTY ($250.00) DOLLARS per each occurrence. Any acceleration of the Contractor’s Construction Schedule shall be agreed upon and approved by the Construction Manager after consultation with the Owner and Architect.

§ 3.10.2 In the absence of a signed change order approving an extension of time, all Contractor Construction Schedule updates must show substantial completion date consistent with the date required in paragraph 8.1.5 of these Supplementary General Conditions. Changes in logic or duration shall not be made, except for good cause, and shall not result in an extension of the time for substantial completion. In the event certain aspects of the work fall behind the Contractor’s Construction Schedule, the Contractor shall develop a recovery plan to revise logic, add manpower resources to reduce durations, expedite procurement or advance start of activities, to get the project back on a schedule that will assure completion in accordance with the substantial completion date.

§ 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

Add the following Subparagraphs under § 3.12:

§ 3.12.11 Reference to procedures concerning Submittals shall be construed to incorporate all submittals including

Contractor’s Submittal Schedule of all products (to be received by the Architect within 30 days of Contract award), Submittal Matrix, Manufacturer's published literature, shop drawings, samples, concrete mix, design and other data.

§ 3.12.12 Submittal Schedules shall be prepared and incorporated into the Contractor’s Construction Schedule as indicated in article 3.10.1. Contractor shall include the following considerations when preparing the submittal schedule so that approved products are at the project site ready for installation in accordance with the time established in the Contractors’ Construction Schedule to avoid delays.

(a) Time frame when the item is needed at the Project.

(b) Time necessary to produce the product.

(c) Lead time required to prepare the submittal.

(d) Time required for the Contractor to review, approve, sign and date the submittal.

(e) Time for the Construction Manager, the Architect and his Engineer to review the submittal.

(f) The number of Subcontractor’s affected by the information contained in the submittal.

(g) Time necessary to correct and resubmit if original submittal is not approved.

(h) Submittal of all color samples within adequate time for review, selection and coordination with other products requiring earlier installation and/or longer lead times for ordering.

(i) Grouping of related submittals for coordination.

(j) All color samples for finish work shall be submitted within sixty (60) calendar days after issuance of a Letter of Intent or Notice to Proceed for review, coordination and approval by the Architect.

§ 3.12.13 Submittals shall indicate materials, dimensions, seismic bracing in accordance with BOCA Chapter 16

Article on Earthquake Loads, and job conditions, including clearances required in relationship with the work of their trades. Contractor shall be responsible for verification of existing conditions and coordinating with the work of other trades. Drawings shall be of sufficient size and drawn to sufficient scale to clearly show all details.

§ 3.12.14 Submittals of Shop Drawings and other data, where possible, shall be submitted in the form of reproducible transparency, maximum 30" x 42" in size. Catalog and other printed matter shall be submitted in four (4) copies, except five (5) copies where Engineering Consultants are concerned. Each reproduction transparency shall be accompanied by three (3) white prints, except four (4) white prints where Engineering Consultants are concerned.

§ 3.12.15 Submittals shall contain a Contractor’s stamp of approval, signed and dated by the submitting

Contractor, prior to submission to the Construction Manager and the Construction Manager’s transmittal of the submittal to the Architect. Such stamp of approval by the Contractor shall be confirmation that he has determined and verified materials, field measurements and field construction criteria related thereto, and has checked and coordinated the information contained within such submittals. The Contractor shall also note in writing to the Construction Manager for transmittal to the Architect, all deviations to the Contract Documents. SUBMITTALS WILL NOT BE REVIEWED BY THE CONSTRUCTION MANAGER, THE ARCHITECT OR HIS ENGINEER UNLESS THEY CONTAIN SUCH A STAMP CONTAINING

THE WORDS “REVIEWED AND APPROVED” ACCOMPANIED BY THE CONTRACTOR’S

SIGNATURE AND DATE.

§ 3.12.16 The Architect's review is for conformance with the Design Concept and Contract Documents. Markings or comments shall not be construed as relieving the Contractor from compliance with the Project Manual, Drawings, Addenda, and Bulletins. No departures there from, are to be considered as authorizing extra work. The Contractor remains responsible for materials, dimensions, details and accuracy for confirming and correlating all quantities and dimensions, for selecting fabrication process for techniques of assembly, for performing this work in a safe manner, and of coordinating this work with that of all other trades.

§ 3.13 USE OF SITE

Add the following Subparagraphs under § 3.13:

§ 3.13.2 Contractors shall use the site in a manner that will cause minimum interference and maximum safety.

Contractor must have prior approval of the Architect, Construction Manager and Owner for locations of stored materials, access trailer locations, etc.

§ 3.13.3 In addition to site utilization limitations and requirements shown on Drawings and indicated by other Contract

Documents, Contractor shall administer allocation of available space within Construction area shown equitably among Subcontractors and other entities needing access and space, so as to produce best overall efficiency in performance of total work of Project. Contractor shall schedule deliveries so as to minimize time and space requirements for storage of materials and equipment on site.

§ 3.13.4 Only materials and equipment that are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, damage and all other adversity is solely the responsibility of the Contractor. The Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all debris, building materials and equipment likely to cause hazardous conditions.

§ 3.13.5 The Contactor and any entity for whom the Contractor is responsible shall not erect any sign on the Project site without the prior written consent of the Owner, which may be withheld at the sole discretion of the Owner.

§ 3.13.6 The Contractor shall not permit any workers to use any existing facilities at the Project site, including, without limitation, lavatories, toilets, entrances, and parking areas other than those designated by the Owner.

§ 3.14 CUTTING AND PATCHING

Add the following Subparagraphs under § 3.14:

§ 3.14.3 Except as otherwise provided, Contractor shall do all cutting, drilling, removal, cleaning, servicing, repairing, reroofing, patching, rehanging, and restoration that may be required in connection with his work. Contractor shall pay for the restoration of existing conditions and work of others damaged by his actions. Contractor shall be responsible for maintaining all existing warranties.

§ 3.14.4 Existing Warranties: Replace, fit, patch and repair materials and surfaces cut or damaged by methods and with materials required to restore surfaces to original conditions and in conformance with manufacturer's requirements in such a manner as not to void or compromise any warranties required or newly existing.

§ 3.14.5 Concealed utilities, structural elements and hazards: Prior to cutting and demolition work, Contractor shall survey and locate utilities, structural elements and hazards using locator / detection equipment. Promptly submit a written report to the Architect describing the nature and extent of any conflicts with the intended function or design of the work. Do not proceed with work until such conflicts are resolved.

§3.14.6 Each Contractor who requires an opening, chase, or other provisions for his work in construction shall furnish full information by drawings or in writing, of size and location to the Construction Manager in ample time for such provisions to be made.

§3.14.7 Should cutting in construction be necessary because of failure to furnish such information or items in time, then it shall be done by the Contractor requiring the opening. Repairs and making good thereafter shall be done by the Contractor in whose work such cutting was done and shall be paid for by Contractor doing the cutting. This provisions does not relieve any Contractor from keeping himself informed as to openings, chases, and otherwise, nor from being jointly responsible for the correctness thereof with other Contractors.

§3.14.8 Contractors will build into their work sleeves for any and all items furnished. Openings, chases, cutting, or digging under bearing walls, trusses, girders, or similar structural items, shall be avoided and Contractor who provides, builds or does such work shall be held responsible for changes if required and…