SpecialCond.pdf

2328 Special Conditions - 1

SPECIAL CONDITIONS

MEASUREMENTS:

Before performing any work or ordering any materials, the Contractor shall verify all dimensions of any existing and new work and shall be responsible for their accuracy. Any difference found shall be submitted to the Architect for consideration before proceeding with the work. No extra compensation will be permitted because of the difference between actual dimensions and measurements indicated on the project drawings.

LEGALITY OF CONTRACT DOCUMENTS

Should any questions arise as to the legality of the Contract Documents, or anything pertaining to the same, including omissions from, or irregularities in, any advertisements, resolution, orders, act, etc., in connection with , leading up to, or following the execution of the Contract, or as to the ability of either the Owner or Contractor to legally and faithfully carry out the stipulations and agreements set forth therein, both the Owner and the Contractor, or either of them, shall pass all orders and resolutions to the other to make the Contract (and all things pertaining to it) legal, secure and in conformity with all applicable laws.

Any failure by Contractor to acquaint himself with all the available information concerning these conditions shall not relieve him of the responsibility for properly estimating the difficulty or cost of performing the work. Owner assumes no responsibility or any understanding or representation made by any of his officers or agents during or prior to the negotiations and execution of this Contract, unless:

1. Such understanding or representation is expressly stated in the Contract.

2. The Contract expressly provides that responsibility therefore is assumed by the Owner.

Representation made, but not so expressly stated and for which liability is not expressly assumed by the Owner in the Contract, shall be deemed only for the information of Contractor and Owner will not be liable or responsible therefore.

CONFLICTS

Where a conflict occurs between or within Standards, Specifications and Drawings, the more stringent or higher quality requirements shall apply.

The precedent of the Construction Documents is in the following sequence:

Change Orders The Agreement Addenda Issued Prior to Receipt of Bids The Project Manual The Drawings

A. Addenda and modifications to the Drawings and Specifications take precedence over the original

Construction Documents.

B. Should there be a conflict within the Specifications or on the Drawings, the Architect shall decide which stipulation will provide the best installation and his decision shall be final.

C. In the Drawings, the precedence shall be drawings of larger scale over those of smaller scale, figured dimensions over scaled dimensions and noted materials over graphic indications.

Except that in the event such priority would result in absurdities or results inconsistent with the obvious objective of the project, in which case the Architect=s decision shall govern.

INTERIM SUBMITTAL

When seventy-five percent (75%) of work is completed, all Record Documents and Maintenance Manuals will be reviewed with Owner at this time. NO PAYMENTS to the General Contractor will be authorized until Manuals and Record Documents are produced in an up-to-date condition.

2328 Special Conditions - 2

OPERATING / MAINTENANCE INSTRUCTION:

Arrange for each installer of work requiring continuing maintenance or operation, to meet with Owner=s personnel, at project site, to provide basic instructions needed for proper operation and maintenance of entire work. Include instructions by Manufacturer=s Representatives where installers are not expert in the required procedures. Review Maintenance Manuals, Record Documentation, tools, spare parts and materials, lubricants, fuels identification system, control sequences, hazards, cleaning and similar procedures and facilities. For operational equipment, demonstrate start-up, shut-down, emergency operations, noise and vibration adjustments, safety, economy/efficiency adjustments, energy effectiveness, and similar operations. Review maintenance and operations in relation with applicable warranties, agreements to maintain, bonds and similar continuing commitments.

Submit to the Architect a listing of all (proposed) required meetings for instruction of Owner=s personnel.

List proposed schedule (date, time and duration) for meetings, personnel required to be present, subject to be discussed (instruction for which equipment). Maintain a copy of the listing with record of actual meeting time and personnel in attendance. Prepare a document attesting in instruction in use of each equipment type for signature of owner=s personnel. Document should contain the following:

Instructions in the operation and maintenance of was given on , 20 .

Trainee:

Instructor:

This instruction fulfills the requirements of the specification for this equipment.

Signed:

Date:

Exceptions Noted:

CONTINUING INSPECTIONS:

Contractor shall inform the Owner of any and all requirements of procedure to request warranty service including initial person to contact, name, phone number and address.

SECTION 3:

Section 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1992, required that economic opportunities generated by HUD financial assistance shall, to the greatest extent feasible, be given to low and very low-income persons, particularly those who are recipients of government assistance for housing, and to business that provide economic opportunities for those persons. Contractors to have at least 10% of the aggregate number of new hires to be low-income.

END OF SPECIAL CONDITIONS