Article 50 SupplementaryConditions.pdf

2328 Supplementary Conditions - 1

ARTICLE 50. SUPPLEMENTARY CONDITIONS

The General Conditions of the Contract for Construction (HUD-5370 - 19 pages) are hereby made part of the Contract Documents whether bound herein or not. This Article 50 contains changes and additions to HUD-5370, cross referenced to the original Article numbers. Where any part of HUD-5370 is not modified or voided by this Article 50 the unaltered part remains in effect.

12b. Add: The Owner will pay for the plan review fee.

16d. 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. Without limitation of any other provision of the Contract Documents, Contractor shall not interfere with the occupancy or beneficial use of any areas and buildings adjacent to the site of the Work.

18. The Contractor shall perform all work in strict conformity with all applicable laws, rules and regulations relating to pollution of any stream and the air.

27a. HomeFront of Billings requires Contractor to provide weekly payroll reports.

27c. Add: The first payment will not be certified by the Owner until the progress schedule is received and approved by the Owner and such schedule reflects the terms of the Contract and Bid Documents.

The construction schedule shall be in a detailed format satisfactory to the Owner and shall set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents (hereinafter referred to as Milestone Dates). Upon review and acceptance by the Owner of the Milestone Dates, the construction schedule shall be deemed part of the Contract Documents and attached to the Agreement as Exhibit A. If not accepted, the construction schedule shall be promptly revised by the contractor with the recommendations of the Owner and resubmitted for acceptance. The Contractor shall monitor the progress of the Work for conformance with the requirements of the construction schedule and shall promptly advise the Owner of any delays or potential delays. The accepted construction schedule shall be updated to reflect actual conditions (referred to in these Supplementary Conditions as progress reports) if requested by the Owner. In the event any progress report indicates any delays, the Contractor shall propose an affirmative plan correct the delay. In no event shall any progress report constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the Owner and authorized pursuant to Change Order.

The schedule of values is required at the preconstruction meeting and such schedule requires approval by the Owner.

27d. Add: The Contractor shall submit 3 copies of the Request For Payment to the Owner. The Owner will pay 95% of the amount due the Contractor on account of progress payments. Contractor is required to pay 1% gross receipt tax on a monthly basis for the entire Contract amount. Owner will deduct from request and send into State office.

29d. Add at the end of the first sentence the following: AContractors itemized estimate for the charges for additions to or deductions from work required by Contract or further requested by the Owner, shall be as follows:

a. Materials (actual cost by Contractor invoice)

b. Labor

c. Insurance 1%

d. Bond 1%

e. Profit and Overhead not to exceed 15%

2328 Supplementary Conditions - 2

36a/b. Add:

Bodily Injury/Property Damage $1,000,000.00 $3,000,000.00

Each Occurrence Aggregate

Coverage to Include:

1. Premises Operations.

2. Products Completed Operations.

3. Contractual. $3,000,000.00

4. Operations of Independent Contractors. Products & Completed

Operations-Aggregate

5. Broad Form Property Damage including Completed Operations.

6. Property Damage applicable to Blasting, Collapse, and Underground Hazards if exposures exist.

May be satisfied by primary insurance or a combination of primary and excess or umbrella insurance.

However, primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. All commercial general liability coverage including umbrella or excess liability shall be written on an occurrence rather than claims made form.

B. Automobile Liability

Bodily Injury and Property Damage:

Coverage to Include:

1. All Owned.

2. Hired.

3. Non-Owned. Combined Single Limit $1,000,000.00

Each Accident

C. Workers' Compensation

Occupational Disease Statutory

Employer's Liability $1,000,000.00 Each Accident

Sections B and C above may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance.

D. Owners and Contractors Protective

Bodily Injury & Property Damage: $1,000,000.00 $1,000,000.00 Each Occurrence Aggregate

E. Certificates

If insurance is written on a Commercial General Liability policy form, ACORD form 255 will be acceptable.

(Per provisions of AIA Document A511 Guide for Supplemental Conditions - Fourth Edition - 1987).

F. Builder’s Risk Insurance

Paid by Owner.

END OF SECTION