SECTION 00800 - SUPPLEMENTAL CONDITIONS
These modifications to the General Conditions modify, change, delete from or add to the General Conditions included in AIA Document A107, 2007 edition. Where any article of the General Conditions is modified or deleted by these supplements, the unaltered provisions of that Article, Paragraph, Subparagraph or Clause shall remain in effect.
Unless noted otherwise, Articles, Paragraphs, Subparagraphs or Clauses modified or deleted have the same numerical designation as those occurring in the General Conditions.
8OWNER
Add the following Subparagraph 8.4:
8.4For the purpose of these conditions the Owner shall be the authorized representative of the parish or institution and the representative from the Building Office.
Add the following Subparagraph 8.5:
8.5“Building Office – defined as the Archdiocese of New Orleans, Building Office (ANOBO), 7887 Walmsley Ave. New Orleans, LA70125 Phone: 504-861-6210 Fax: 504-861-7652”
9.2SUPERVISION AND CONSTRUCTION PROCEDURES
Add the following Subparagraph 9.2.3:
9.2.3 The Contractor shall maintain a competent, full-time superintendent on the project at
all times during its progress. The superintendent shall not be replaced without the Owner’s consent. If the
Owner objects to the superintendent, the Contractor shall replace the superintendent at no increase in
Contract Price or Contract Time. The superintendent shall be the Contractor’s representative at the site
and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be binding as if given to the Contractor.
9.10USE OF SITE
Add the following Subparagraphs 9.101, 9.10.2, 9.10.3, 9.10.4 and 9.10..5:
9.10.1The Contractor shall post appropriate construction signs to advise the occupants and visitors of occupied facilities of the limits of the construction work area. On Owner-occupied sites all construction personnel shall wear identification insignia. Contractor shall use appropriate safety gear as required by O.S.H.A. and as needed by the work in progress (i.e. hard hats, safety goggles, fire extinguishers, harnesses, railings, GFI, etc.)
9.10.2The Contractor shall maintain operation of all systems in operating facilities including but not limited to smoke detection, fire alarm, intercom, exit lights, security, HVAC systems, and electrical systems. In the event of any unauthorized interruption of service to any operating facility, the Contractor shall take immediate action to restore that service as soon as practicable. The Contractor shall furnish and install clean air filters during the course of the work and replace the filters with new as specified at the time of Substantial Completion.
9.10.3The Contractor shall maintain ingress and egress to all operating facilities according to state and local fire codes, and shall provide an additional forty-eight (48) hour notice before interrupting service of any stair in an operating facility.
9.10.4The Contractor shall install temporary fencing at operating facilities to establish barriers between the work and the facilities’ occupants. Temporary fence used for maintaining and controlling circulation of facility occupants shall be a minimum four-foot high plastic “snow” fence or better if required in other sections of the specifications. Yellow tape fence lines are unacceptable.
9.01.5The Contractor shall take steps to prevent dust and odor nuisances resulting from the Contractor’s operations. Occupied areas in existing facilities shall be separated from construction areas with suitable dust barriers. Dust shall be prevented from being tracked into occupied corridors and other occupied spaces. Sweeping, vacuuming and mopping as necessary, on a daily basis, to maintain clean facilities.
10ARCHITECT
Add the following Subparagraph 10.1.1:
10.1.1The term Architect, when used in the Contract Documents, shall mean the prime Designer (Architect, Engineer, or Landscape Architect), or his authorized representative, lawfully licensed to practice architecture, engineering, or landscape architecture in the State of Louisiana, identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.
13CHANGES IN THE WORK
Delete Subparagraph 13.2 and replace with the following:
13.2Change orders shall be accompanied by a complete breakdown of the work. Overhead and Profit for the Contractor shall not exceed 15% for work performed by the Contractor's own forces, and 10% for work performed by Subcontractors. Subcontractors’ Overhead and Profit shall not exceed 15%.
Add the following Subparagraph 13.5:
13.5There shall be no claims for extended overhead for delays.
14TIME
Add the following Subparagraph 14.6 and 14.7:
14.7 If Work is performed outside of normal working hours, the Contractor may request, that the
owner makes arrangements to have the facility open for their use and shall reimburse the Owner for any
related charges. Charges may entail costs for overtime for custodians, Architects and testing laboratory personnel required to work during other than normal hours at the request of the Contractor. A
minimum notice to all affected parties of 48 hours is required.
14.8There shall be no claims for extended overhead for delays.
15.1APPLICATIONS FOR PAYMENT
Add the following Subparagraph 15.1.5:
15.1.5Monthly, the Contractor shall make application for progress payments supported by any data substantiating the Contractor’s right to payment as the Owner or the Architect may require. The application will be for an amount equal to 90% of the value of labor and materials incorporated into the work up to the last day of the previous month, less aggregate amount of previous payments approved. Application shall be submitted at least 30 days before each progress payment falls due. The ten percent (10%) withheld by the Owner shall not be released until a lien and privilege certificate is presented by the Contractor at the time of final payment.
15.4SUBSTANTIAL COMPLETION
Substitute the following for Subparagraph 15.4.3:
15.4.5 Substantial Completion requires no concurrent Work at the site except as required to complete
Punch List items with a cumulative value under two percent (2%) of the contract price. Prerequisites for Substantial Completion include (a) all systems have been successfully tested and demonstrated for their intended use, (b) the owner has received an acceptable testing and balancing report, (c) the owner has received all passing final inspections reports from those public Entities with jurisdiction.
15.5FINAL COMPLETION AND FINAL PAYMENT
Add the following Clause to Subparagraph 15.5.2:
15.5.2.1Final Completion requires as prerequisites (a )the Owner has received a “Use and Occupancy
Certificate” from the agencies having jurisdiction allowing the owner legal occupancy of the facilities,
(b) the owner has received acceptable Warranties, all as required by the contract documents.
16.2HAZARDOUS MATERIALS
Delete Subparagraphs 16.2.2 and 16.2.3 and replace with the following:
16.2.2Before beginning Work at existing schools, the Contractor shall review the asbestos management
plan manual located at the site to become familiar with the possible locations of asbestos containing material
on site.
17INSURANCE AND BONDS
Replace the entire Article with the following:
17.1.1The Contractor shall purchase and maintain such insurance as will protect him from claims set for the below which may arise out of or result from the contractor’s operations under the contract, whether such operation be by him or by any subcontractor or by anyone directly or indirectly employed by any of them.
.1PUBLIC LIABILITY INSURANCE: While Contractor is performing operations on an Owner/Archdiocese
of New Orleans project, Contractor shall maintain public liability insurance in the amount of not less than one
million dollars ($1,000,000) per occurrence and name Owner/Archdiocese of New Orleans as an additional
insured on such policy of insurance. It is further agreed that the Contractor agrees to protect, defend, indemnify,
and hold harmless the Owner/Archdiocese of New Orleans against and from any claim or cause of action arising
out of or from any negligence or other actionable fault of the Contractor, or its employees, agents, members, or
officers.
.2AUTOMOBILE LIABILITY INSURANCE: Contractor shall maintain automobile liability insurance for any owned autos, hired autos or non owned autos used in connection with the contractor’s business. Automobile liability coverage shall be maintained by the Contractor in the minimum amount of $500,000 per person/$1,000,000 per accident/$500,000 property damage.
.3WORKER”S COMPENSATION INSURANCE: Contractor shall maintain worker’s compensation insurance as required.
.4ADDITIONAL INSURED: Contractor agrees to provide a certificate of insurance to the Owner/Archdiocese of New Orleans that will name the Owner/Archdiocese of New Orleans as additional insured on Contractor’s liability policy for claims arising out of Contractors’ operations or made by Contractor’s employees, agents, guests, customers, invitees or subcontractors. Contractor must verify its liability insurance policy is primary in the event of a covered claim or cause of action against Owner and The Roman Catholic Church of the Archdiocese of New Orleans. The Contractor also agrees to defend, hold harmless and indemnify the Owner and The Roman Catholic Church of the Archdiocese of New Orleans against and from any claim or cause of action brought by any person or entity, including but not limited to Contractor, its employees, agents guests, customers, invitees or subcontractors for property damage or personal injury (including but not limited to physical or emotional damages or economic loss of any type) arising out of the negligence, intentional acts or any other fault of Contractor, its employees, agents, guests, customers, invitees or subcontractors, inlcuding but not limited to any operations at the site of the construction as well as any claims or causes or action arising from use of automobiles by Contractor, ites employees, agents, guest, customers, invitees or subcontractors related to Contractor's operations.
.5SUBCONTRACTORS: Contractor shall be required to verify that all subcontractors maintain public liability insurance, worker’s compensation insurance and automobile liability insurance. Furthermore, Contractor agrees to indemnify and defend the Owner/ Archdiocese of New Orleans for any claim or cause of action, whatsoever which was caused by the negligence, or other actionable fault of an uninsured subcontractor.
.6NO WAIVER OF SUBROGATION: Owner/Archdiocese of New Orleans does not waive any rights of recovery against the Contractor or subcontractor for any damages the are covered by the Owner’s/Archdiocese
of New Orleans’s property insurance coverage or builder’s risk coverage.
.7Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including:
a.Premises Operations (including X, C and U coverages as applicable).
b.Independent Contractors’ Protective.
c.Products and Completed Operations.
d.Personal Injury Liability with Employment Exclusion deleted.
e.Contractual, including specified provision for Contractor’s obligations under Paragraph 8.13.
f.Owned, non-owned and hired motor vehicles.
g.Broad Form Property Damage including Completed Operations.
.8The General Liability coverages shall be provided by a Commercial General Liability Policy on an occurrence basis only.
17.1.2The insurance required by Subparagraph 16.1.1 shall be written for not less than any limits of liability specified in the Contract Documents or required by law, whichever is greater, and shall include contractual liability insurance as applicable to the Contractor's obligations under Paragraph 8.13.
17.1.3Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty days' prior written notice has been given to the Owner. Policies shall include the Roman Catholic Church of the Archdiocese of New Orleans and its affiliated schools and parish corporations
as additional insured’s with respect to any and all liability arising out of the work.
17.1.4SEVER ABILITY PROVISION: If any paragraph or sentence of these provisions is deemed or is determined to be in conflict with local or state or national statues, both Contractor and Owner/Archdiocese
of New Orleans agree that; the portion of the supplementary conditions to Contract which is in conflict with
the statues will be stricken from the Contract with the remainder of the supplementary conditions to the Contract remaining binding for both parties.
17.4PERFORMANCE BOND AND PAYMENT BOND
17.4.3 The Owner may require the Contractor to furnish and pay for a Performance and Payment Bond from
a company, and through an agent, acceptable to the Owner, and in form approved by the Owner, in an amount
equal to 100% of the contract sum, as security for the faithful performance of the Contract and payment in full
of all subcontractors and persons performing labor, furnishing service and furnishing materials in connection with the contract. The executed bond, together with the Bonding agent's power of attorney, shall be furnished
to the Owner along with the executed Contract, in the number of copies required by him, for filing or recording
purposes. The bond shall provide that the surety waives notice of any change in the work that does not exceed
20% of the contract amount and of any extension of time granted to the Contractor.
17.4.4The condition of the Performance and Payment Bond shall be that should the Contractor herein not
perform the contract in accordance with the terms and conditions hereof, or should the Contractor not remedy
latent or other defects attributed to faulty workmanship or materials within the prescriptive period as governed
by Louisiana law, or should said Contractor not fully indemnify and save harmless the Owner from all cost and
damages which it may suffer by said Contractor’s non-performance or should said Contractor not pay all persons who have and fulfill obligations to perform labor and/or furnish materials in the prosecution of the work
provided for herein, including by way of example workmen, laborers, mechanics, and furnishers of materials,
machinery, equipment and fixtures, then said Surety agrees and is bound to so perform the contract and make
said payment(s). Surety shall remain obligated and bound under the Performance and Payment Bond for the
full prescriptive period as provided in Louisiana Civil Code Art. 3500.
19MISCELLANEOUS PROVISIONS
Add the following paragraph 19.2
19.2 In projects determined by the Owner as requiring recordation, the Owner shall record the Contract
Between Owner and Contractor and Performance and Payment Bond with the Clerk of Court in the Parish in
which the work is to be performed.
21CLAIMS AND DISPUTES
Modify the last sentence of Subparagraph 21.21.1:
Delete the words: “mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party;” and substitute “litigation.”
Delete Subparagraphs 21.21.3 and 21.21.4.
6/27/08
END OF SECTION 00800
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