addendum no. 01 - request for...

ATKINS Architecture of 1 Addendum

ADDENDUM NO. 01 PROJECT: Brush Creek MUD – Cat Hollow Pavilion 8600 O’Connor Drive Round Rock, Texas ARCHITECT: Atkins Architecture 6504 Bridge Point Parkway, Suite 200 Austin, Texas 78730 +1 512.327.6840 ISSUED: April 15, 2015

This Addendum forms a part of the Bid Set Documents, and modifies these original Documents dated

January 22, 2015, as noted herein. Acknowledge receipt of this Addendum as required on the Proposal Form.

SPECIFICATIONS

00800 – Supplementary Conditions, pages 2-13 (section included in its entirety)

END OF ADDENDUM

Brushy Creek MUD Cat Hollow Park Pavilion SUPPLEMENTARY CONDITIONS

Atkins N.A. Addendum 1 2015 04 16 00800

SECTION 00800 SUPPLEMENTARY CONDITIONS The following Supplementary Conditions modify, delete from, or add to the "General Conditions of the Contract for Construction", AIA Document A201, 1997 Edition. Provisions herein, which modify, delete or add to any article, paragraph, subparagraph or clause thereof, shall take precedence and the unaltered provisions, or portions thereof, shall remain in effect and are binding. ARTICLE 1; GENERAL PROVISIONS

1.1 BASIC DEFINITIONS Add the following sentence to subparagraph 1.1.1:

Addenda are written or graphic instruments issued by the Architect prior to execution of the Contract which modifies or interprets the Contract Documents by additions, deletions, clarifications or corrections.

Add to 1.1.1 the following clauses:

1.1.1.1 Division 1 - The General Requirements shall be applicable to and govern all work specified under each Section of the Specifications.

1.1.1.2 Miscellaneous Definitions

1.1.1.2.1 "Provide" shall be interpreted to mean "The Contractor shall furnish and install complete, in place and ready for use, including any necessary accessories or appurtenances ..." Words "Contractor shall" are implied and shall be so understood wherever a direction is stated in imperative mood and wherever direction "Provide" is used.

1.1.1.2.1 "Furnish" shall mean "furnish only." Materials or items to be furnished shall be consigned to the Contractor and delivered to the site.

1.1.1.2.3 "Install" shall mean "install only" furnished materials or items furnished by the Owner or others. Such materials or items, which may be new or existing, shall be received at the site, unloaded, stored, protected, and subsequently installed in place, including final connections, unless such work is specifically excluded.

1.1.1.2.4 "Or Equivalent." Words "or equivalent," "or equal," "as directed," etc., shall mean "to the satisfaction of the Architect."

1.1.1.2.5 "Site." The area within Owner's property lines or portions of such area which are enclosed within a "Contract Limit Line," including any structures or encumbrances within such area.

1.1.1.2.6 "Division." A broad generic heading under which related units of work (Sections) are grouped, such as "DIVISION 9 - FINISHES."

1.1.1.2.7 "Article." A principal, numbered paragraph or group of paragraphs such as the following: "PART 2 SCOPE."

1.1.1.2.8 "Owner." Where the word "Owner" appears in these documents, it shall be taken to mean Brushy Creek Municipal Utility District.

1.1.1.2.9 "Architect." ATKINS, Austin, Texas are designated Architects on this project. Where the word "Architect" is used in these Specifications, it shall mean a member of either that firm or its authorized representative.

1.1.1.2.10 "This Contractor" or "Contractor." Where the words "This Contractor" or "Contractor" without any qualifications appear, they shall be taken to refer to the General Contractor.



1.1.1.2.11 "Work." The term "Work" of the Contractor or a Subcontractor includes all labor or materials or both, and the equipment, transportation and services incidental to its complete performance.

1.1.1.2.12 "Product." Where the word "Product" is used herein, it shall include materials, systems and equipment.

1.1.1.2.13 "Bid." Bid shall mean a complete and properly signed proposal to perform the Work or designated portion(s) thereof for the sum(s) stipulated therein.

1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS Add to 1.2.1 the following clauses:

1.2.1.1 The degree of detail contained in the Drawings and Specifications may vary from item to item. The Contractor's Bid should, however, be comprehensive and should be adequate to furnish and install complete, operational systems regardless of the degree to which those systems are detailed on the Drawings or described in the Specifications.

It is the responsibility of the Contractor to request additional clarification of the Bidding Documents, in the form of written Addenda, for those systems which he feels are unclear, incomplete or designed contrary to the manufacturer's recommendations. At the time of the Bid Opening it will be assumed that all questions have been resolved and that the Bids have been prepared to provide a complete construction project. Should the Contractor omit items from his bid which would render a system incomplete and/or inoperative, he shall, for no additional compensation, complete the installation and/or construction to the full satisfaction of the Owner.

1.2.1.2 Whenever a provision of the Specifications conflicts with agreements or regulations in force among members of trade associations, unions or councils which regulate or distinguish what work shall or shall not be included in the work of a particular trade, the Contractor shall make all necessary arrangements to reconcile such conflict without delay, damage, or cost to the Owner and without recourse to the Architect or the Owner. In case progress of the Work is affected by undue delay, in furnishing or installing items of material or equipment required under the Contract because of a conflict involving such agreement or regulations, the Architect may require that other material or equipment of equal kind and quality be provided at no additional cost to the Owner.

1.2.1.3 Figured dimensions and marked data shall take precedence over scaled measurements and details shall take precedence over smaller-scale general drawings. Discrepancies or ambiguities found in the Drawings or Specifications shall at once be reported to the Architect for clarification.

Add the following subparagraphs:

1.2.4.1 The Contractor and each Subcontractor will be presumed to have examined the Site, local conditions and all of the Contract Documents. The Contractor is expected to visit the site and satisfy himself of all physical conditions and constraints affecting his bid and to have observed conditions affecting storage and delivery of materials and equipment and conduct of his work, and to have included all provisions and costs attendant thereto in his Proposal.

1.2.4.2 Any claim of failure to examine the site to determine nature of new construction or nature and extent of work to be performed by other trades, will not be considered a basis for granting of additional compensation.

1.2.5 In case of conflict between Drawings and Specifications or within either document, the better quality or greater quantity of work shall be provided, unless clarified by addendum before bids are received.

ARTICLE 2; OWNER 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER Delete Subparagraph 2.2.5 and substitute the following:

2.2.5 The General Contractor will be furnished one (1) digital set of drawings and specifications. The



General Contractor will be responsible for printing copies and distribution to subcontractors as needed for bidding and construction.

ARTICLE 3; CONTRACTOR 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES Add Subparagraphs as follows:

3.3.4 Contractor for General Construction shall have the sole and total responsibility to coordinate the entire Work to achieve a complete, workmanlike and acceptable installation in conformance with the design and intent of the Contract Documents. He shall be solely responsible for determining the starting date and progress of each subcontract, as well as the conditions and coordination of the work of adjacent trades.

3.3.5 Contractor and Subcontractor shall coordinate their work to avoid conditions which may cause interference among various trades and to maintain required head room and clearances. If interferences develop, Architect’s decision as to which trade shall relocate its work without additional cost shall be final.

3.3.6 Contractor and each Subcontractor shall provide or arrange to have others provide necessary chases, holes, openings, or other arrangements to permit proper coordination and installation of his work.

3.3.7 Contractor for General Construction shall notify trades or crafts, including those not actively performing work at the site, when concrete or masonry operations are contemplated and shall allow such trades ample time to place sleeves, anchors, conduit and other provisions for installing their respective work.

3.3.8 Where items cannot be delivered or installed without delaying such work as concrete or masonry, Contractor for General Construction shall leave openings in floors, walls or roofs as necessary for ingress of the delayed items, and shall close such openings when the items are installed. All such arrangements shall be subject to Architect's written approval, and shall be paid for by trade requiring this accommodation.

3.3.9 The Contractor shall issue, or otherwise make available, to each of his Subcontractors complete sets of the Contract Documents so that all concerned may be aware of and bound by all provisions and requirements of the Contract Documents.

3.3.10 The Contractor shall provide at his expense, sufficient facilities or a separate construction trailer at the job-site. The trailer of facilities shall have a minimum of one office for dedicated use by the Contractor/Project Team. The facility must have a functioning restroom.

3.4 LABOR AND MATERIALS Add the subparagraphs as follows:

3.4.4 Contractor and each Subcontractor shall include such work of other trades as is necessary for execution of his work or is specified to be included in his contract. Where jurisdictional rules require assistance of mechanics of one trade in handling equipment furnished by another, or in work of other trades, Contractor for such trade shall provide any assistance necessary.

3.4.5 Reference made in the Specifications and Drawings to standard specifications, codes, or test methods of technical societies, trade associations, and similar organizations is intended to refer to the latest revision of such standards as of the date of the Specifications, unless specifically indicated to the contrary. The Architect will give no consideration to claimed ignorance as to what a referenced standard contains, since each tradesman is considered to be experienced and familiar with the generally accepted, published standards of quality and workmanship for his own trade.

3.4.5.1 Requirements of such reference standards form a part of these Specifications to the extent indicated by the reference thereto. When provisions of reference standards conflict with provisions in these Specifications, the Specifications shall govern.

3.5 WARRANTY



Add Subparagraph as follows:

3.5.2 Warranties and guarantees required by the Contract Documents shall commence on the date the Architect certifies the portion of Work in question is complete as set forth in Paragraph 4.2.9 hereof, except that, where the Owner elects to use or occupy any portion of the Work prior to Architect's certification that it is complete, the warranty on that portion shall commence at the time of such use or occupancy. At the time the Architect certifies the Work in question is complete, the Contractor shall return it to its original operating condition, but the commencement of the warranty shall still relate back to the date of initial use or occupancy.

3.6 TAXES

3.6.2 State Sales and Use Taxes: The Owner qualifies for exemption from State and local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, excise and Use Tax Act (Taxation - General, Article 20.04, Texas Civil Statutes). The Contractor, his subcontractors, and their assigners shall complete and give to the Contractor, the exemption certificate contained in Section 01150.

3.7 PERMITS, FEES AND NOTICES Add to 3.7.1 the following clause:

3.7.1.1 Contractor for General Construction shall issue to owners of adjacent or nearly property any notices required by law or ordinance and arrange for and pay costs or fees involved if entry on such property becomes necessary in connection with the Work, or if use of, obstruction of, or encroachment on a public way becomes similarly necessary. Architect shall be notified in advance of action.

3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES Add to 3.10.1 the following clauses: 3.10.1.1 At earliest possible date after signing of contract, but prior to issuing the “Notice to Proceed”, the

Contractor for General Construction shall present a “Progress and Operations Schedule” setting up sequence of operations and timetable for each principal item of work. This schedule will be reviewed in conference by Owner, Architect, Contractor, and principal Subcontractors, to determine best procedures to permit expeditious prosecution of the project. The Schedule as accepted by all concerned, shall be furnished as a guide to all parties engaged on the project and shall be binding on them in their respective work. The Schedule shall not be modified or varied from except on mutual agreement of Owner, Architect, and Contractor.

3.10.1.2 Contractor and each Subcontractor shall be furnished a copy of schedule and each shall prosecute his work so that progress is maintained in accordance with the schedule and shall not cause delays to other Subcontractors engaged on the project.

3.10.1.3 Should a Contractor, either in person or through a Subcontractor, fail to maintain progress according to approved Operations Schedule or cause delay to another Subcontractor, HE SHALL FURNISH SUCH ADDITIONAL LABOR/OR SERVICES OR WORK SUCH OVERTIME AS MAY BE NECESSARY TO BRING HIS OPERATIONS UP TO SCHEDULE. Failure to maintain schedule or to take the above steps to regain the agreed Operations Schedule shall constitute default within the terms of the Contract and grounds on which the Owner may have recourse to the Contractor's Surety for remedial action.

3.11 DOCUMENTS AND SAMPLES AT THE SITE Add the following sentence to subparagraph 3.11.1:

These documents, as well as all permits and certificates issued for the work, shall be delivered before the final payment certificate will be paid.


3.11.1.1 General Contractor and each Mechanical and Electrical Contractor shall record changes made to



their respective work during construction on a clear and clean contract set provided at the site by the Owner.

3.11.1.2 Mechanical and electrical drawings shall show changes in:

3.11.1.2.1 Size, type, capacity, etc., of each material, device or piece of equipment;

3.11.1.2..2 Location of each device of piece of equipment;

3.11.1.2.3 Location of each outlet or source in building service systems;

3.11.1.2.4 Location of concealed water and electrical services, water piping, sewers, wastes, vents, ducts, conduit and other piping by indication of measured dimensions to such line from readily identifiable and accessible walls, columns or corners of building; and

3.11.1.2.5 Drawings shall also show invert elevations of sewers and top of water lines.

3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Add to 3.12.4 the following clause:

3.12.4.1 The Contractor shall review, approve and submit within twenty (20) days of Notice to Proceed and in such sequence as to cause no delay in the Work or in work of the Owner or any separate contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents.

At the end of Subparagraph 3.12.8 add:

For deviations which are substitutions, the Owner's written approval is required. 3.14 CUTTING AND PATCHING Add to 3.14.1 the following clauses:

3.14.1.1 When necessary to cut or alter completed work, erector of work in place shall do such cutting and repairing.

3.14.1.2 Cost of cutting and repairs necessitated by fault or negligence, or for other reasons, shall be borne by Contractor or Subcontractor at fault or requiring such work.


3.14.2.1 Cutting of structural members will not be permitted without written approval by the Architect/Engineer.

Add Subparagraph as follows:

3.14.3 If a Contractor fails to do necessary cutting or fails to have restored any work of others damaged by him, for a period of time causing delay in project construction, the Owner may do so and cost thereof shall be charged to the Contractor or Subcontractor at fault as provided in Paragraph 12.2.4.

3.15 CLEANING UP Add the following to subparagraph 3.15.1:

Contractor is fully responsible for all costs, arrangements for and implementation of facilities and provisions for proper removal and disposition of rubbish and waste and surplus materials resulting from Contractor's operations.


3.15.1.1 Flammable and combustible materials shall be stored outside and remotely from any building or



structure and, when used inside in the course of the Work, kept in metal cans with tight covers and removed from building at end of each working day.

3.15.1.2 Should Contractor or any Subcontractor allow rubbish or waste material to accumulate on any portion of the site or in any portion of the building to such extent that the accumulation constitutes a hazard or obstructs the prosecution of the work in any way, the Architect or Owner may, if Contractor or Subcontractor at fault fails to remove such rubbish or waste material within three days after written notice to clear up the accumulation, engage proper labor or services of another Contractor to make necessary removal and disposition, and charge cost against monies due Contractor at fault.


3.15.2.1 Contractor and each Subcontractor shall remove and dispose of all tools, equipment, surplus material and rubbish pertaining to his work, and cooperate in final cleaning by General Contractor.

3.17 ROYALTIES, PATENTS, and COPYRIGHTS Delete Subparagraph 3.17.1 and substitute the following:

3.17.1 The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall hold the Owner and Architect harmless from loss on account thereof, except that the Owner and Architect shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Architect.

Insert this new paragraph, including the following Subparagraphs and Clauses: 3.19 SUBSTITUTIONS

3.19.1 The materials, products and equipment described and defined in the Contract Documents establish a minimum standard of required function, dimension, appearance and quality acceptable in the Project.

3.19.2 Where manufacturers or products are named in specifications without the qualification "or equivalent," selection of materials shall be confined to manufacturers or products named.

3.19.3 Where phrases "or equivalent," "or equal," or "approved equal" appear, Contractor may offer products of other manufacturers for consideration. Submittals shall be made to the Architect such that no delays are caused by the substitution. Refer to Section 01600 for requirements and time conditions.

ARTICLE 5; SUBCONTRACTORS 5.3 SUBCONTRACTUAL RELATIONS Add to 5.3.1 the following clause:

5.3.1.1 Contracts and proposals of Subcontractors shall be based on complete sets of Contract Documents, to the extent possible. Minimally, each bid package shall include the Contract, the General Conditions and those Supplementary Conditions, and the Division 1 General Requirements.

ARTICLE 6; CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS Add subparagraph and clause as follows:

6.1.5 Certain products may be either furnished or furnished and installed by Owner (under separate Contract or such other method as he may elect) and these products may be indicated on drawings to show extent or



space they will occupy and location with reference to other work. Work not specifically excluded shall be included in the Work under this Contract.

6.1.5.1 The Contractor shall provide roughing-in and final connections for these products as required, if the required trades are included in the Work under this Contract, and he shall include cost therefor in the Contract Sum.

ARTICLE 7; CHANGES IN THE WORK 7.1 GENERAL Add to 7.1.1 the following Clause:

7.1.1.1 Authorization: Changes in Contract Price shall be computed by whichever of the following methods Owner elects.

7.2 CHANGE ORDERS Add the following subparagraphs:

7.2.3 Price Adjustments for Changes in Work: Shall be in accordance with one of the following, as the Owner elects:

7.2.3.1 Time and Materials:

7.2.3.1.1 If Owner elects to direct that extra work be performed on a Time and Material Basis, percentages will be allowed in addition to actual "on site" costs of such extra work. Percentages shall be applied to approved invoiced costs of materials and to approved payrolls.

7.2.3.1.2 Costs shall include: Labor, including prorated time of foremen, but not including Contractor’s or Subcontractor's job superintendent nor his office, administrative or supervisory personnel; materials, installed permanently in the work or expended in performance thereof; rental cost of construction plant and equipment, not including hand tools and instruments; energy, fuel and supplies consumed in operation of power-driven equipment, rented or owned; insurance; further revisions of previously final shop drawings and/or fabrication drawings; Social Security, Old Age and Unemployment contributions and similar charges imposed by law.

7.2.3.1.3 Cost shall not include the following items which shall be considered a part of the percentage mark-up: Contractor or Subcontractor job superintendent, administrative or supervisory personnel; On-site or Contractor's main offices; Hand tools or normal instruments; Modifications to record drawings; Guarantee period cost allowances; Punch list allowances. 7.2.3.1.4 Requests for payment for work performed on a Time and Material Basis, under this paragraph, shall be submitted within ten (10) days after completion of such work. When work on a Time and Material Basis continues for more that two weeks, Contractor shall submit a weekly report to Architect apprizing him of work performed during preceding week to include: Material quantities, Labor Time, Equipment Rental Time and other operating cost information.

7.2.3.2 Lump Sum:

7.2.3.2.1 Should Owner elect to order additional work under a Lump Sum proposal, Contractor will be required to furnish an itemized breakdown, in form acceptable to the Architect and Owner, showing all costs and the overhead and profit comprising the proposed Lump Sum.

7.2.3.2.2 Costs shall include: Labor, including prorated time of foremen, but not including Contractor’s or Subcontractor’s job superintendent nor his office, administrative or supervisory personnel: materials, installed permanently in the work or expended in performance thereof; rental cost of construction plant and equipment, not including hand tools and instruments; energy, fuel and supplies consumed in operation of power-driven equipment, rented or owned; insurance; further revisions of previous final shop drawings and/or fabrication drawings; Social Security, Old Age and Unemployment



contributions and similar charges imposed by law.

7.2.3.2.3 Cost shall not include the following items which shall be considered a part of the percentage mark-up: Contractor or Subcontractor job superintendent, administrative or supervisory personnel; On-site or Contractor’s main offices; hand tools or normal instruments; modifications to record drawings; guarantee period cost allowances; punch list allowances.

7.2.3.2.4 The following percentages for combined overhead and profit, as appropriate, are maximums that may be added to approved costs:

7.2.3.2.4.1 Subcontractor may add to his cost (cost as defined in above paragraph) for extra work: 15%

7.2.3.2.4.2 Contractor may add an additional percentage to Subcontractor’s costs for Administration and Supervision of extra work by a Subcontractor: 5%.

7.2.3.2.4.3 Where Contractor performs such work directly with his own personnel, equipment and materials, he shall bill said extra work: 15%.

7.2.3.2.5 When both additions and credits relating to the same or similar items are involved in any one change, the method of payment for labor, material, equipment, etc. will be based upon the net difference, if any, with respect to that change.

7.2.3.2.6 When both additions and credits covering related work are involved in any one change, an allowance for overhead and profit will be figured, as specified above, on the basis of the net increase, if any, with respect to that change. If the net change is a decrease, no additional deductions will be made for overhead and profit.

7.2.3.2.7 For work omitted, cost shall be estimated and agreed upon between Owner and Contractor.

7.2.3.2.8 Submittals of Lump Sum prices, under this paragraph, shall be made within ten (10) days after request therefore from Owner or Architect, unless a longer period is agreed to at time of request.

7.2.3.3 Unit Prices

7.2.3.3.1 Prior to signing contract, General Contractor shall submit unit prices for each and every component, element and assembly unit for use in determining cost of Work. The Owner may elect to have such work performed on a unit-price basis. Such unit prices shall include labor, material and equipment cost, insurance, applicable taxes, overhead and profit. The Owner reserves the right to accept, negotiate or reject such unit prices submitted, prior to signing contract.

7.2.4 Time Adjustments for Changes in Work: Any Contract Time Adjustment required, due to any Change Order, shall be submitted with the cost adjustment required by the Change Order. A Change Order signed by the Contractor without any indication of change in the Contract Time indicates the Contractor's agreements that there will be no change in Contract Time.

ARTICLE 8; TIME 8.2 PROGRESS AND COMPLETION Add to 8.2.3 the following clause:

8.2.3.1 Each Subcontractor shall execute his work so as to cause no delay to General Contractor or other Subcontractors and shall complete his work either prior to or coincidental with completion of General Contractor’s work.

Add the new Paragraph and subparagraph as follows: 8.4 FAILURE TO COMPLETE WORK ON TIME



8.4.1 The contract Time set forth in the Contract Documents for the completion of Work is an essential element of the Contract. The Contractor’s failure to complete the Work within such time will cause damage to the Owner.

8.4.2 Should the Contractor fail to complete the Work within the Contract Time, including all officially approved extensions thereto, the Owner shall collect from the Contractor or deduct from any funds owned him the amount named as liquidated damage in the Contract Documents.

8.4.3 After Final Inspection by the Owner, the Contractor will be allowed thirty (30) days within which to correct all deficiencies listed in the report of the Final Inspection, unless extended by mutual agreement. Failure of the Contractor to complete such corrections within the stipulated time will be reported to the Contractor’s surety, for correction. In the event there is no surety, the Owner may initiate action to complete corrective work out of the remaining Contract funds in accordance with paragraph 3.4 and 14.1.

8.4.4 If the Contractor fails to achieve Substantial Completion of the Work by the Completion Date, the Contractor, by execution of this Owner-Contractor Agreement, specifically acknowledges that the Owner will sustain damages for each day the Work extends beyond the Completion Date. Because of the impracticality and extreme difficulty of fixing and ascertaining the Owner’s actual damages, the Contractor agrees that $100.00 per calendar day shall be retained by the Owner from any amounts due the Contractor for every day that the Contractor’s performance of the Work extends beyond the Completion Date.

ARTICLE 9; PAYMENTS AND COMPLETION 9.3 APPLICATIONS FOR PAYMENT Add to 9.3.1 the following clauses:

9.3.1.1 Contractor may submit an Application for Payment on or about the first (1st) day of each month based

on cost of labor and material incorporated in the Project since last application; also, with the advance written approval of the Owner and Architect, the value of the materials suitable stored on site. Payment for materials stored on site will not relieve Contractor from sole responsibility of the following: 1- Care and protection of materials and work installed on the Project or materials stored on site for which payment has been made. 2- Restoration of damaged work and replacement of damaged or stolen materials, without additional cost to the Owner.

9.3.1.2 The form of Application for Payment shall be AIA Document G702, "Application and Certification for Payment", supported by AIA Document G702A, "Continuation Sheet".

In paragraph 9.3.2, delete the initial words:

"Unless otherwise provided in the Contract Documents," and substitute therefore: "With the advance written approval of Owner and Architect,"

Add subparagraph as follows:

9.3.4 No payment will be made in contravention of any statute or other applicable law which provides for the withholding of payments for protection of Subcontractors or others who have furnished labor or materials in connection with the work under this contract. If at any time Owner has reason to believe that any Subcontractor, laborer, or material man has not been fully paid for his labor or materials, then, whether or not required to do so by law, Owner may withhold all further payments until Contractor has furnished satisfactory evidence that all such persons have been fully paid or their claims otherwise discharged.

9.4 CERTIFICATES FOR PAYMENT Add to 9.4.1 the following clause:

9.4.1.1 Basis for payments: If request for payment is in order and the consent of the Contractors Surety has been submitted, Architect will issue certificate approving payment as follows:



9.4.1.1.1 On monthly certificates, 90% of value of work in place and, if approved by Owner and Architect, of materials suitably stored on site.

9.4.1.1.2 Upon final completion and issuance of Final Completion Certificate, 100% of the Contract Price will be certified for payment; such Certificate shall not be unreasonably withheld.

ARTICLE 10; PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS Add the following subparagraphs:

10.1.2 The General Contractor shall coordinate safety precautions and programs of any other Contractor and all Subcontractors, and shall have sole responsibility for providing a safe place to work and for full compliance with all applicable Federal, State and local statutes, ordinances and regulations.

10.1.3 Contractor and each Subcontractor shall cooperate and take every precaution reasonably required by custom of the trade and required by law or ordinance to protect the safety of persons and property.

10.1.4 Contractor and each Subcontractor performing work at site shall comply with provisions of the Manual of Accident Prevention for Construction as published by Associated General Contractors of America, Inc. He shall cooperate with safety engineers of Owner and insurance carrier.

ARTICLE 11; INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE Add the following subparagraphs and clauses:

11.1.4 The Contractor shall require each of his Subcontractors to carry such limits and types of insurance specified herein as he deems necessary to protect himself.

11.1.5 Contractor shall not commence work under this Contract until he has obtained all insurance required under this Article and such insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work on his Subcontract until appropriate insurance has been obtained.

11.1.5.1 Contractor shall maintain all insurance required under this Article during the life of the contract and for not less than one year after completion of the Work.

11.1.6 Contractor's insurance as a minimum shall include the coverages stipulated in Subparagraphs 1), 2), 3), 4) and 5) following:

11.1.6.1 STATUTORY LIABILITY INSURANCE: Workmen’s Compensation and Occupational Disease, with statutory limits as provided by the State or other political subdivision in which this contract is performed, and Employer’s Liability Insurance with a limit of not less than $500,000 for all damage or bodily injury from one or more claims arising from each accident or occupational disease.

11.1.6.2 COMPREHENSIVE GENERAL LIABILITY INSURANCE

11.1.6.2.1 Operations and Premises: Liability on account of:

11.1.6.2.1.1 Bodily injury or death of persons, or on account of damage to or destruction of property, resulting from execution of work provided for in this contract; or due to or arising in any manner from any omission or any act or negligence of Contractor and Subcontractor and their respective employees or agents, including damage to adjacent property.



11.1.6.2.1.2 Bodily injury to or death of Contractor or any Subcontractor or any of their respective employees or agents, due to the conditions or state of repair or premises or other property of Owner or Architect, upon, about or in connection with any work incidental to the execution of this contract is performed.

11.1.6.2.2 Explosion, Collapse and Underground Hazard (XCU):

Liability on account of any defect in material or installation or any other condition resulting in the above mentioned damage.

11.1.6.2.3 Completed Operations and Product Liability:

Liability on account of any defects in materials, products or equipment installed under this contract, which may become evident within one year after acceptance of building, including damage to building or its contents.

11.1.6.2.3.1 Damage to material, product or item of equipment itself due to such defect shall be covered by an Installation Floater on a legal liability basis or by an extension of the Manufacturer’s Guarantee.

11.1.6.2.4 Contractor’s Protective Liability:

Liability for acts or omissions of all Subcontractors the Contractor may employ.

11.1.6.2.5 Contractor’s Contractual Liability Coverage: Each and every policy for liability insurance, carried by the Contractor and each Subcontractor, shall include “Contractual Liability Coverage” endorsement and each certificate, evidencing such coverage, shall indicate that the policy to which it pertains contains such endorsement.

11.1.6.2.6 Limits of Coverage: Policies for comprehensive General Liability

Insurance under paragraphs a., b., c., d., and e. above shall be written in the following limits of liability:

11.1.6.2.6.1 Bodily Injury, including death resulting therefrom, $1,000,000 for any one person injured or killed, and $3,000,000 for any one occurrence where more than one person is killed or injured.

11.1.6.2.6.2 Property Damage of not less than $1,000,000 as a result of one occurrence, subject to an aggregate limit of not less than $1,000,000.

11.1.6.3 COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE: Covering all owned, hired and non-owned vehicles, and including loading and unloading thereof, with bodily injury limits not less than $1,000,000 each person and $1,000,000 each occurrence and property damage limits of not less than $1,000,000 for each occurrence.

a. Note: Bodily Injury and Property Damage Liability Coverage under both Comprehensive General Liability and Comprehensive Automobile Liability forms shall include “occurrence” basis wording, meaning an event, or continuance or repeated exposure to conditions, which unexpectedly causes injury or damage during the policy period.

11.1.6.4 EXCESS LIABILITY: Umbrella Form - Liability resulting in any damage exceeding the previously

stated coverages. Bodily injury and Property Damage combined with a limit of not less than $5,000,000 on each occurrence and subject to an aggregate limit of not less than $5,000,000.

11.1.6.5 BUILDER’S “ALL- RISK INSURANCE” protecting the respective interest of Company and CONTRACTOR and its “Field Subcontractors” covering loss or damage during the course of construction of the project described in this agreement and all property at the job site or in transit thereof which shall become a part of such project. Such insurance shall be maintained until such project is completed and accepted. This insurance shall be terminated with respect to portions of such project when such portions are completed and accepted.

11.1.7 Before starting with work, the Contractor shall submit to the Architect three (3) certificates of each required insurance policy, one of which will be returned to the Contractor.

11.5 PERFORMANCE BOND AND PAYMENT BOND



Delete subparagraph 11.5.1 and substitute the following:

11.5.1 The Contractor shall furnish Performance Bond and Labor and Material Payment Bond in amount of 100% of contract price prior to time of commencing work. Performance and Payment Bonds shall be executed by a surety company satisfactory to Owner and executed on AIA Document A311.


11.5.1.1 Such Bonds, among other conditions, shall include payment for all material used in work and for all labor performed, whether by Subcontractor or otherwise.

11.5.1.2 Said Bonds shall remain in full force and effect during the life of contract and during term of any warranty required by Specifications.

Add subparagraph as follows:

11.5.3 Contractor shall keep Bonding Company informed of changes in amount of his contract with Owner and shall furnish Architect with copies of notices of such changes.

11.5.4 If laws of Federal, State or local governments or other authorities which have lawful jurisdiction contain provisions beyond above requirements or require other bond forms, such laws shall also govern and additional bonds shall be furnished in accordance therewith.

11.6 INSURANCE GENERAL REQUIREMENTS Insert this new paragraph, including the following subparagraphs & clauses:

11.6.1 No insurance shall be carried with an insurer not authorized to do business in the state in which this Contract is performed or one who is not satisfactory to the Owner.

11.6.2 Notices: It shall be the duty of each of the parties to this Contract to advise the other of the nature and extent of its insurance coverages and the companies insuring the risk.

11.6.3 Subrogation: The Owner, the Contractor and all Subcontractors shall waive all rights, each against the others, for damages caused by fire or other perils covered by insurance provided for under the terms of this Contract, except such proceeds of such insurance secured and held by the Owner, pursuant to Paragraph 11.2 above.

11.6.4 Verification of Coverage: Owner has the right to inspect and approve Contractor's Insurance coverages above specified. Should Owner deem it advisable to modify these coverages in any way, he shall so instruct the Contractor in writing and pay costs of any increased coverage or take credit for any decreases as may be appropriate.

11.6.5 Certificates: Certificates in duplicate, evidencing insurance coverages carried by the Contractor and Owner, shall be filed with Architect before the commencement of construction. Each certificate shall contain a clause stating that policy will not be canceled without twenty (20) days prior written notice having first been sent to Owner, Contractor and Architect.

ARTICLE 12; UNCOVERING AND CORRECTION OF WORK 12.2 CORRECTION OF WORK Add to 12.2.2 the following Clauses:

12.2.2.1 Contractor shall replace or repair to the satisfaction of the Owner any or all damage done to the building or its contents or to work of other trades in consequence of remedial work performed in fulfilling guarantees. This clause is general in nature and will not operate to waive stipulations of other clauses which specify guarantee or warranty periods in excess of one year.



12.2.2.2 Note that one-year guarantee after Completion of the Work or any designated portion thereof may exceed some manufacturers' normal product guarantees. Guarantees will not be waived if they exceed manufacturer's usual product warranties.

12.2.2.3 Contractor shall, and in signing Contract does, warrant that all work and materials comply with requirements of the Contract Documents, and guarantees that he will correct or replace any defective work or material within one year after Date of Substantial Completion, unless guarantee for a longer period is stipulated under a specific heading.

12.2.2.4 If, within one year after date of substantial completion of the work, the Contractor is notified in writing by either the Architect or the Owner that any item of equipment, material and workmanship has proven defective or is not in accordance with the Contract Documents, he shall immediately replace, repair or otherwise correct the defect or deficiency without cost to Owner. Contractor also shall replace or repair to the satisfaction of the Owner any or all damage done to the building or its contents or to work of other trades in consequence of work performed in fulfilling guarantees. This clause is general in nature and will not operate to waive stipulations of other clauses which specify guarantee periods in excess of one year.

Note that one year guarantee after substantial completion may exceed some manufacturer's normal product guarantees. Guarantees will not be waived if they exceed manufacturer's usual product warranties.

END OF SECTION