SECTION 00 70 10
PROJECT SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR
CONSTRUCTION
The following Supplements modify, change, delete from or add to the "General Conditions of the Contract
for Construction", AIA Document A201-2007. Where any article of the General Conditions is modified or
any Paragraph, Sub-paragraph or Clause thereof is modified or deleted by these supplements, the
unaltered provisions of that Article, Paragraph, Subparagraph or Clause shall remain in effect.
ARTICLE 1 - CONTRACT DOCUMENTS
1.1.5
Add the following:
"The details, dimensions and ratings of materials specified herein or shown on the Drawings are
intended to establish the outlines and characteristics of the Work.
Where the Contractor intends to use any materials other than that specified or shown on the
Drawings, approval for such deviation must be obtained in writing.
Where discrepancies arise between the details and quantities shown and the recommendations of
an approved manufacturer, it shall be the responsibility of the Contractor to notify the Architect that
a discrepancy exists, and await instructions on how to proceed."
1.2.1
Add the following:
"It is the intent of the Specifications and Drawings to call for finished work. The Contractor shall
include the following in the Work, and in the Contract Price:
1.
2.
3.
4.
Any apparatus, appliance, material, labor or service either shown on the Drawings or noted
in the Specifications.
Any incidental apparatus, appliance, material, labor, or service of a minor nature,
necessary to make the Work complete in all respects, even if not particularly shown or
specified.
Small details not usually shown or specified, but which are necessary for the proper and
complete installation of the Work.
All required tests, permits, inspections, and approvals for completion and operation of
Work."
ARTICLE 3 - CONTRACTOR
Add the following paragraphs:
3.3.1
Add the following:
"The Contractor shall provide the services of an experienced Superintendent, who shall be in
continual charge of the installation of the Work, together with all skilled workmen, helpers, and labor
required to perform a complete and first quality job."
ARTICLE 7 - CHANGES IN THE WORK
Add the following paragraphs:
7.2.1
For each Change Order issued, the Contractor shall furnish an itemized, bonafide, written proposal
in multiple-copy form and with such supporting papers as the Architect may require.
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ARTICLE 8 - TIME
8.2.3
Add the following:
"The total work shall be commenced upon signing of the Contract and shall be substantially
complete within 270 calendar days. Final completion shall be within 30 calendar days of
Substantial Completion.@
Add the following paragraphs:
"8.2.4
If the work is not fully complete within 300 calendar days, penalties will be assessed at the rate of
$1000 per calendar day until the contract is satisfied. If the work is completed in less than 300
calendar days bonuses will be rewarded at the rate of $1000 per calendar day.
8.3.4
The Contractor shall notify the Owner and Architect, in writing, within two days of the occurrence, of
any situation within or beyond the Contractor=s control which may delay the completion of the
work, and shall submit with such notification recommendations for avoiding or minimizing the delay.
8.3.5
The Contract may be terminated by the Owner for cause and may withhold payment due to delay or
failure of the Contractor to diligently prosecute the work in accordance with the Contract
Documents.@
ARTICLE 9 - PAYMENTS AND COMPLETION
Add the following paragraphs:
"9.2.1
The schedule of values, and supporting data shall be submitted to the Owner and the Architect at
the pre-construction meeting.
9.3.1
Contractor shall submit Application and Certificate for Payment (AIA Document G702-latest
edition) properly filled out based on the schedule of values and supported by the Continuation
Sheet (AIA Document G703-latest edition).
Delete 9.8.2 and add the following:
"9.8.2
When the contractor considers that the work, or portion thereof which the Owner agrees to accept
separately, is substantially complete, the Contractor shall prepare and submit to the Architect a
comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to
complete & correct items on the list. Failure to include an item on such list does not alter the
responsibility of the Contractor to complete all the work in accordance with the Contract
Documents. Upon receipt of the Contractor's list, the Architect will make an inspection to
determine whether the Work or designated portion thereof is substantially complete. If the
Architect's inspection discloses any item, whether or not included on the Contractor's list, which is
not in accordance with the requirements of the Construction Documents, the Contractor shall,
before issuance of the Certificate of Substantial Completion, complete or correct such items upon
notification by the Architect. The Contractor shall then submit a request for another inspection by
the Architect to determine Substantial Completion. When the work or designated portion thereof is
substantially complete and the Contractor has presented the Owner with a Certificate of
Occupancy (or Temporary Certificate of Occupancy), the Architect will prepare a Certificate of
Substantial Completion which shall establish the date of Substantial Completion, shall establish
responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to
the work and insurance, and shall fix a time within which the Contractor shall finish all items on the
list accompanying the Certificate. Warranties required by the Contract Documents shall
commence on the date of Substantial Completion shall be submitted to the Owner and the
Contractor for their written acceptance of responsibilities assigned to them.
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Add the following paragraphs:
"9.10.2.1
The final payment shall not become due until the Contractor submits to the Architect:
1.
A certified Contractor=s Affidavit of Payment of Debts and Claims (AIA Document
G706);
2.
A certified Contractor=s Affidavit of Release of Liens (AIA Document G706A); and
3.
Separate releases of waivers of liens for Subcontractors, suppliers, and others with
lien rights against property of the Owner, together with lists of those parties. If any
sub-contractor refuses to furnish a release of waiver required by the Owner, the Contractor
may furnish a bond satisfactory to the Owner to indemnify him against any such lien. If any
such lien remains unsatisfied after all payments are made, the Contractor shall refund to the
Owner all monies that the latter may be compelled to pay in discharging such lien, including
all costs and reasonable attorney=s fees.
ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY
10.1.1 Add the following:
"Provide adequate barricades, railings, overhead protection, safety nets, etc., to safeguard the
public and workers from falling debris. Provide proper signs and written notification to all
personnel and property owners in immediate and surrounding affected areas, notifying them of
duration of construction operations."
10.2.8 Roadways, streets, sidewalks and paths shall be protected, kept free of obstructions and
maintained in a safe and satisfactory condition.
10.2.9 The contractor shall provide, erect and maintain barricades, warning signs, flags, and lights, as
may be necessary to protect the work and safeguard the workers and the general public. All such
protection shall comply with the requirements of the proper authorities having jurisdiction.
10.2.10
If, during construction, public or private property is damaged or destroyed, the Contractor
shall, at his own expense, restore such property to a condition similar or equal to that
existing before such damage or injury; otherwise making good such damage or
destruction in an acceptable manner."
ARTICLE 11 - INSURANCE AND BONDS
11.1.1 Add the following:
The Contractor shall obtain insurance in the name of the Owner and in the name of the
Architect and shall maintain and pay the premiums for such insurance in such amount and
with such provisions as will protect the Owner and the Architect from contingent liability
under this Contract, as described in the foregoing paragraph. A copy of such insurance
policy or policies will be delivered to the Architect and to the Owner.
"Indemnity: The Contractor shall indemnify and save harmless the Owner and the
Architect from and against all losses and all claims, demands, payments, suits, actions,
recoveries, and judgments of every nature and description brought or recovered against
them by reason of any omission of his employees, in the execution of the work or in the
guarding of it. This shall include all expenses, legal or otherwise, which may have
incurred by the Owner and the Architect in the defense of any claims, actions or suits."
END OF SECTION
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