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General Conditions of the Contract for Construction

ARTICLE 1 Make the following changes:

1.1.3 Add the following: Asbestos material encountered in the existing structure of the Project, and its treatment or removal is a part of the Work. The disposition of such material will be the responsibility of the Contractor. The Contractor shall be required to take appropriate precautions for Workers performing tasks in asbestos environments, ie.

Basements, pipe tunnels, etc.

1.2.3 Add the following: When applied to materials and equipment required for the Work, the words "furnish", "install" and "provide" shall mean the following:

.1 The word "provide" shall mean to furnish, pay for, deliver, install, adjust, clean and otherwise make materials and equipment fit and ready for their intended use.

.2 The word "furnish" shall mean to secure, pay for, deliver to site, unload and uncrate materials and equipment.

.3 The word "install" shall mean to place in position, incorporate in the work, adjust, clean, make fit and ready for use and perform all services except those included under the term "furnish".

.4 The phrase "furnish and install" shall be equivalent to the word "provide". Each shall be interpreted to mean "the Contractor shall furnish all labor, material and equipment and install....".

.5 “As required" shall mean as required to produce a fully completed project or result to the satisfaction of the Architect.

.6 In the event of conflicts or discrepancies among the Contract Documents, interpretations will be based on the following order of priorities:

.1 Modifications.

.2 The Agreement.

.3 Addenda, with those of later date having precedence over those of earlier date.

.4 The Supplementary General Conditions of the Contract for Construction.

.5 The General Conditions of the Contract for Construction.

.6 Drawings .7 Specifications

In addition to the foregoing order of priorities, the Contractor expressly understands and agrees that stated dimensions shall take precedence over the Drawings, large-scale detail drawings shall take precedence over small-scale detail

SUPPLEMENTARY GENERAL CONDITIONS

Cheshire High School Gym Floor Replacement SGC-2 drawings, and schedules shall take precedence over other data on the Drawings.

.7 In case of a difference between Drawings or Specifications or within either

document itself in describing the Work, the better quality, greater quantity or more costly work will be assumed to be and shall be included in the Contract price. The Contractor shall not proceed with such work until the Architect has been contacted for clarification and proper direction.

.8 Instructions or specifications of a particular manufacturer as referred to herein shall be binding as a part of this Specification. Obtain such written instructions and maintain on the job with the Specification.

.9 Schedules of materials in various sections of the Specifications are furnished to assist the Contractor. Contractor shall verify the schedules with the Drawings and shall provide any additional materials indicated on the Drawings but not included in the schedules. The greater quantity or highest quality will govern.

Add the following:

1.2.4 All work shown or referred to in the Contract Documents shall be included in the Contract excepting those items which are specifically noted as being "provided under another contract" or "provided by the Owner"; or "not in contract (NIC)".

1.2.5 Parties to the Contract shall not take advantage of obvious error or apparent discrepancy in Contract Documents. Notice of discovered error or discrepancy shall immediately be given in writing to the Architect to make such corrections and interpretations as he may deem necessary for completion of the work in a satisfactory and acceptable manner.

1.6.2 Contractor shall be furnished up to three (3) sets of Contract Drawings and

Specifications, and two (2) copies of each drawing which is issued after the date of the Contract. The Contractor shall pay costs of reproduction for any additional copies of Drawings or Specifications he requires.

ARTICLE 2 Make the following changes:

2.4 Replace the first sentence with the following: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) day period after receipt of written notice from the Owner to begin and prosecute 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.

ARTICLE 3 Make the following changes:

Add the following:

3.1.4 The Contractor shall not proceed with any Work not clearly and consistently defined in detail in the Contract Documents, but shall request additional drawings or instructions from the Architect. If the Contractor proceeds with such Work without obtaining further drawings or instructions, he shall correct Work incorrectly done at his own expense.

3.2.5 The Drawings are generally drawn to scale, however the figured dimensions or notes thereon shall govern. Before ordering any materials or doing any work, the Contractor

SUPPLEMENTARY GENERAL CONDITIONS

Cheshire High School Gym Floor Replacement SGC-3 and each Subcontractor shall verify all relevant measurements at the building. No extra charge or compensation will be allowed on account of differences between actual measurements and the dimensions indicated on the Drawings. Any differences which may be found shall be reported in writing to the Architect and the Owner’s representative for consideration before proceeding with the Work. If a difference is found with respect to the Drawings the Contractor shall seek instruction from the Owner before proceeding with the applicable work. If the Contractor proceeds with such work without obtaining such instruction, the Contractor shall correct any work incorrectly performed at its own expense.

3.3.4 The Contractor shall employ a competent superintendent on the Project, who shall be subject to the approval of the Owner, such approval not to be unreasonably withheld.

Said superintendent shall supervise the Work during the construction and shall not be removed or replaced by the Contractor without the Owner’s prior written approval, such approval not to be unreasonably withheld.

3.3.5 The Contractor shall arrange for and attend job meetings with the Architect and such other persons as the Architect may from time to time wish to have present. The

Contractor shall be represented by a principal, project manager, general superintendent or other authorized main office representative, as well as by the Contractor’s own

superintendent. An authorized representative of any Subcontractor or Sub-subcontractor shall attend such meetings if the representative’s presence is requested by the Architect.

Such representatives shall be empowered to make binding commitments on all matters to be discussed at such meetings, including costs, payments, change orders, time schedules and manpower. Any notices required under the Contract may be served on such

representatives.

3.4.3 Amend to include the following: All workers shall be properly attired at all times on the job site including shirt, shorts or pants in good condition and without any political or off-color messages consistent with school policies.

Add the following:

3.4.4 Should the Contractor wish to substitute another product or method for products or methods specified or shown in the Contract Documents, whether specified or shown in Contract Documents, whether or not such phrases as "equal to" or "based on" are used, he shall apply in writing in approval. He shall enclose such data as Architect requires to evaluate products. The Architect's decision shall be final. Contractor is responsible for space requirements of substitutions, he shall execute necessary changes in adjacent and relocated situations, he shall execute necessary changed in adjacent and relocated work which are due to such substitutions, without additional cost and he shall be responsible for delays required for evaluation of proposed substitutions.

3.5.1.1 Project Warranty: Unless otherwise specified, Contractor shall warrant (guaranty) all work against defects resulting from the use of material,

workmanship or equipment which is inferior, defective or not in accordance with the terms of the Contract. This warranty, unless stated otherwise in a given section of the Specifications, shall be for a period of one year from the date of issuance of the Certificate of Substantial Completion for the Project.

SUPPLEMENTARY GENERAL CONDITIONS

Cheshire High School Gym Floor Replacement SGC-4 .2 Specified Product Warranty: Issued by a manufacturer or fabricator for compliance

with requirements of the Contract Documents. Refer to sections of Specifications for requirements of specified warranties.

.3 Coincidental Product Warranty: Available on a product incorporated into the work, by virtue of manufacturer's publication of warranty without regard for application requirement, a non-specified warranty. Contractor shall identify such warranties as they apply.

.4 Warranty Obligations

.1 Contractor shall restore or remove-and-replace warranted work to its originally specified condition, at such time during warranty as it does not comply with or fulfill terns of warranty.

.2 Contractors shall restore or remove-and-replace other work which has been damaged by failure or warranted work, or which must be removed and replaced to gain access to warranted work.

.3 Cost of restoration or removal-and-replacement is Contractor's obligation, without regard to whether Owner has already benefited from use of failing work.

.4 Except as otherwise indicated or required by governing regulations, warranties do not cover consequential damage to property other than the Work of the Contract.

.5 Upon restoration or removal-and-replacement of warranted work which has failed, Contractor shall reinstate the warranty by issuing newly executed form, for at least the remaining period of time of the original warranty, but for not less than half of the original warranty period.

.6 Warranties and warranty periods shall not diminish implied warranties, and shall not deprive Owner of actions, rights and remedies otherwise available if the Contractor fails to fulfill the requirements of the Contract Documents.

.7 Owner reserves the right to reject coincidental product warranties which conflict with or are less than the requirements of the Contract Documents.

.5 Contractor shall furnish fully executed warranties to Owner in accordance with the General Conditions and Section 01740.

.6 Contractor agrees to deliver and assign to the Owner as a condition precedent to Substantial Completion of the Work any and all manufacturer’s warranties relating to materials, equipment, and labor used in the Work and further agrees to perform the Work in such manner so as to preserve any and all such manufacturer’s warranties.

3.6 Amend to include the following: No amount shall be included in the bid for State Sales Tax or for Federal Excise Tax on materials or supplies purchased for this project. The Owner will supply tax exempt number.

3.7.1 Amend to include the following: The Contractor shall pay costs charged by utility companies for service connections, inspections and tests, and related utility company fees normally assessed as part of the construction process.

SUPPLEMENTARY GENERAL CONDITIONS

Cheshire High School Gym Floor Replacement SGC-5 Add the following:

3.7.6 The Town will forgive or not charge any fees for permits issued by it or its agents except for fees required to be collected and remitted to the State or Federal Government.

Contractor will include and pay all utility permits and charges as well as any permit fees charged by any other governmental agency.

3.10.1 Replace in the first sentence “information” to read “approval”.

3.11 Amend to include the following: Contractor shall mark up the record drawings with “record information” in a legible manner to show: (i) deviations from the Drawings made during construction; (ii) details in the Work not previously shown; (iii) changes to existing conditions or existing conditions found to differ from those shown on any existing drawings; (iv) the actual installed position of equipment, piping, conduits, electric fixtures, circuiting ducts, dampers, access panels, control valves, drains, openings, and stub-outs; and (v) such other information as either Owner or Architect may reasonably request. Contractor shall deliver all Record

Drawings to Owner as a condition precedent to Substantial Completion of the Work.

Add the following:

3.15.3 The Contractor shall provide all project cleaning and removal of materials, along with protection of the work and existing conditions. In the event of a dispute between the Owner and the Contractor concerning rubbish and orderliness on the site, the Owner may have the rubbish removed and charge the cost to the Contractor. Upon written

notification from the Architect that the project requires cleaning, the Contractor shall within twenty-four (24) hours remove all rubbish and hazards from the project and shall arrange his material and equipment in an orderly manner on the site. If this cleaning is not completed within twenty-four (24) hours, the Owner may engage labor to clean up the projects to his satisfaction and deduct the costs from any monies due the Contractor.

3.15.4 All removed materials and rubbish shall be sprinkled with water or other dusting agent to mitigate dust. Provide drop cloths or other type of coverings to prevent infiltration of dust to other parts of the existing building.

3.18.3 The Contractor shall indemnify and hold harmless the Owner from and against any costs and expenses (including reasonable attorneys' fees) incurred by the Owner in enforcing any of the Contractor's defense, indemnity, and hold-harmless obligations under this Contract.