Supplementary General Conditions

Supplementary General Conditions

1205

Supplementary General Conditions

For All Contracts Except

Asbestos Abatement Contract

Demolition and Site Work Contract

Concrete Contract

Steel Contract

For the following Project:

Proposed Firehouse for

Nanuet Fire District

29 Old Middletown Road

Town of Clarkstown

County of Rockland, New York

The Construction Manager:

Hudson Design Build Group LLC

8 John Walsh Blvd., Suite 302

Peekskill, New York 10566

The Owner:

Board of Fire Commissioners

Nanuet Fire District

7 Prospect Street, PO Box 119

Nanuet, New York 10954

The Architect:

Battoglia Lanza Architectural Group PC

209 Old Route 9, Suite 5

Fishkill, New York 12524

1.GENERAL

The following supplements, modifies, or adds to theAIA Document A232-2009General Conditions of the Contract for Construction and the Amendments to AIA Document A232-2009 General Conditions of the Contract for Construction. Where any Article, Section, provision, paragraph, subparagraph, or clause of the aforementioned is modified or added to by these Supplements, the unaltered provisions of that Article, Section, provision, paragraph, subparagraph, or clause shall remain in effect.

The provisions of theGeneral Conditions of the Contract for Construction, Amendments to the General Conditions of the Contract for Construction, Prevailing Wage Rates, AIA Standard Form of Agreement Between Owner and Contractor, and Indemnification and Hold Harmless shall apply equally to each Prime Contractor. The provisions of the Supplementary General Conditions, Advertisement for Bid, and Instructions to Bidders may vary based upon the types, sizes, and natures of the respective Prime Contracts.

The term Contractor shall mean the same as a Prime Contractor, and where a paragraph is intended to apply to one or more specific Prime Contractorsthose Prime Contractors will be designated herein.

2.COPIES OF CONSTRUCTION DOCUMENTS FURNISHED

Exclusive of the set of Construction Documents that is incorporated into the Agreement, the Contractor shall be furnished, free of charge, one copy of the Drawings and one copy of the Specifications.

The Contractor may purchase additional copies at the cost of reproduction, postage, and handling.

3.LIST OF SUBCONTRACTORS AND PRODUCTS

Not later than 7 days from the Notice of Award date, the Contractor shall provide the Construction Manager with a list of all subcontractors, sub-subcontractors, products, systems, and equipment proposed for theProject, including the names of manufacturers, for the Construction Manager’s and Architect’s information and use. In the case of subcontractors and sub-subcontractors, same shall be listed on AIA Document G705-2001 List of Subcontractors.

4.EQUIVALENTS

Where, in these Specifications, certain kinds, types, brands or Manufacturers of materials are named, they shall be regarded as the required standard of quality. Where two or more are named these were presumed to be equal at the time that the Specifications were prepared, and the Contractor may select one of those items. The Specifications shall be considered non-proprietary and the Contractor may use a manufacturer other than that indicated in the Specifications provided that the manufacturer’s product is equal or superior to the specified product. If the Contractor desires to use any kind, type, brand or manufacture of material other than those named in the Specification, he shall indicate in writing, prior to award of Contract, what kind, type, brand or manufacture is included in the Bid for the specified items, and submit information describing in specific detail wherein it differs from the quality and performance required by the Project’s Specifications, and such other information as may be required by the Architect. The Architect shall make the final determination as to whether any alternative product proposed by the Contractor is equal to the product in the Specifications.

By making requests for substitutions, the Contractor:

  1. Represents that it has itself exhaustedlyinvestigated the proposed substitute product and determined that it is equal or superior in all respects to that specified;
  1. Represents that it will provide the same warranty for thesubstitution as it would have provided for the product specified;
  1. Certifies that the cost data presented is complete and includes all related costs for the substituted product and for Work that must be changed as a result of the substitution, except for any of the Architect’s redesign costs and other costs relating to the Architect’s services pursuant to such substitutions, and waives all claims for additional costs related to the substitution that may subsequently become apparent; and
  1. Shall coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects.

The Owner shall be entitled to reimbursement from the Contractor for amounts paid to the Architect for reviewing the Contractor’s proposed substitutions and making agreed-upon changes in the Drawings and Specifications resulting from such substitutions. A product deemed by the Architect to be equal to the product in the Specifications, that does not require any change to the Drawings, Specifications, Work, time, or cost to the Owner, shall not be considered a substitution.

5.EXAMINATION OF THE SITE

Each Bidder shall examine the building and site, as well as the Drawings and Specifications for other contracts that may affect the Bidder’s Work, and shall satisfy himself as to the existing and foreseeable conditions under which he will be obliged to operate in performing his part of the Work or that will in any way affect the Work under his Contract. No allowances will be made subsequent to signing of any Contract on behalf of the Contractor for any error or negligence on his part.

The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect for evaluating and responding to Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where the requested information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation.

6.SHOP DRAWINGS, CUTS ETC.

The Contractor must review and stamp all submittals and shop drawings pertaining to his Work prior to sending these to the Construction Manager for review. By stamping such drawings, the Contractor indicates that he has reviewed same and represents that they are in compliance with the Contract Documents.

The Architect’s review of Contractor’s submittals will be limited to examination of an initial submittal. The Owner is entitled to obtain reimbursement from the Contractor for amounts paid to the Architect for evaluation of resubmittals.

7.COOPERATION AND COORDINATION

This Project shall be performed on the basis of numerous Prime Contracts. It is understood that no Prime Contractor can be held responsible for supervising and coordinating the Work of other Prime Contractors for this Project. However, it is a part of each Prime Contractor’s obligation that he shall coordinate his Work, including that of his Subcontractors, and cooperate with the Work of other Prime Contractors and their subcontractors so as to facilitate Project progress, each trade affording other trades every reasonable opportunity for installation of their Work and for storage of their materials.

8.MEASUREMENTS AND CONDITIONS

Before ordering any materials or doing any work the Contractor shall verify all conditions and measurements and shall be responsible for the correctness of same. No extra charge or compensation will be allowed on account of difference between actual dimensions and the measurements indicated on the Drawings. Any difference which may be found shall be submitted to the Architect for consideration before proceeding with the Work.

9.LAYOUT OF WORK

The initial bench mark and property lines shall be provided by a Land Surveyor (licensed and registered in the State of New York) as engaged by the Owner. On the basis of same the Contractor shall field establish and maintain grades, lines, levels, and locations required for his Work and shall be responsible for the accuracy of same. Any inconsistencies or discrepancies shall be reported to the Construction Manager before commencing Work. Should there be discrepancies created by the Contractor, the Contractor shall remedy such discrepancies to the satisfaction of the Architect and shall bear the costs of such remedial work including Architectural and Engineering costs as may have been incurred as a result of such Contractor created discrepancies.

10.TEMPORARY OFFICES AND SHEDS

The Contractor shall provide such watertight facilities as he may need for his operations as well as the storage of material, tools, and equipmentthat might be damaged by the weather or other sources. The types and sizes of such facilities as well as their locations shall be submitted to the Construction Manager, coordinated with the Construction Manager, and approved by the Construction Manager prior to their installation. Material delivered to the site will not be accepted or paid for by the Owner until such material is incorporated into the Work and the Construction Manager determines that adequate protection is provided. The protection of such material and Work, even after Owner’s payment, shall continue to remain the sole responsibility of the Contractor.

11.TEMPORARY PROJECT SIGN

The Temporary Project Sign Contractor shall provide and install a colored Project sign, 8’ long x 4’ high in size, based upon artwork provided by the Architect (other Prime Contractors shall not be responsible to provide or install a project sign). The sign shall be properly supported, braced and secured to ground. The location shall be as field-specified by the Construction Manager. Shop drawings shall be submitted to the Construction Manager and Architect for approval.

12.TEMPORARY TELEPHONE

The Contractor shall provide, at the site, a telephone or telephones for his own use, the use of his subcontractors and his and their employees. The Contractor shall pay for the installation and all service charges. Cell phones are acceptable.

13.TEMPORARY ELECTRIC

The Contractor shall provide whatever temporary electric and lighting he requires in order to perform his Work until such time that the Electric Contract is awarded and the Electrical Contractor installs provisions for temporary electric and lighting. Unless otherwise noted the Electrical Contractor shall, within 7 days of the signing of the Contract by both parties, provide all temporary electrical power, subpanels, lighting, and connections for power tools as may be needed for implementation of the Work by all Contractors. The source of such power shall be Orange and Rockland Utilities. Upon receipt of approval to use the building’s permanent electrical system, the Electrical Contractor shall remove the temporary electric provisions.

The Owner shall bear the costs of the utility bills, except that the costs for any electrical usage resulting from a contractor’s negligence shall be borne by the negligent contractor, as determined by the Construction Manager and Architect. Additionally, should construction operations extend beyond the scheduled date of final completion, energy costs for the operation of the electrical system beyond such completion date shall be paid by the Contractor or Contractors determined by the Construction Manager and Architect to be responsible for such failure to complete the Project on time.

Power that is necessary for welding metal and the hot air welding of roofing membranes shall be via portable electrical generator, as provided and operated by the respective Contractors performing such Work.

14.TEMPORARY WATER

Temporary water shall be provided by the Demolition and Site Work Contractor. The Demolition and Site Work Contractor shall tap the existing service line at the northerly edge of the site, extend same above grade, install (in series) a gate valve, temporary meter, gate valve, ball valve, backflow prevention device, ball valve, and fitting to accommodate two hoses. The Demolition and Site Work Contractor shall install protective measures as required to insure against damage and freezing. Permitting and authorization for temporary water provisions shall be obtained by the Demolition and Site Work Contractor from United Water. The location for such provisions shall be as approved by the Construction Manager. Upon receipt of approval to use the new domestic water service to the building the Demolition and Site Work Contractor shall remove the temporary provisions and remove / terminate the existing water service line as indicated on the Drawings.

15.HEAT DURING CONSTRUCTION

The Contractor shall provide whatever temporary heat and enclosures he requires in order to perform and protect his Work.Means of providing heat shall not damage any Work or jeopardize the safety and health of workmen and shall have the approval of all governing authorities. Upon receipt of approval from the Owner or Architect to use the building’s permanent HVAC systems, the Contractor shall remove the temporary heat and enclosure provisions.

The Owner shall bear the costs of the utility bills, except that the costs for any gas usage resulting from a contractor’s negligence shall be borne by the negligent contractor, as determined by the Construction Manager and Architect. Additionally, should construction operations extend beyond the scheduled date of final completion, gas costs for the operation of the HVAC systems beyond such completion date shall be paid by the Contractor or Contractors determined by the Construction Manager and Architect to be responsible for such failure to complete the Project on time.

16.ACCESS TO THE PROJECT

The Demolition and Site Work Contractor shall provide and maintain access to and throughout the Project site as required for the Work of all trades and their equipment. The Demolition and Site Work Contractor shall obtain and pay for all permits and approvals for such access.

17.TEMPORARY STAIRS AND RAMPS

Each Prime Contractor shall provide such stairs, ramps etc., as are needed for safe access to, and exit from, each level as required for the Work of all his trades and their equipment. These shall be in conformity with the requirements of all authorities having jurisdiction over such devices.

18.TEMPORARY TOILETS

Temporary toilets shall be provided on the site by the Owner.

19.TEMPORARY PROTECTION

The Contractor shall protect all site work and building from damage from rainwater, spring water, groundwater, snow, ice, rain, wind, storms, frost, heat or other weather conditions. He shall provide and maintain pumps, temporary drainage, enclosures and any other systems as needed to provide such protection of his work, and shall otherwise protect the Work of others that could be adversely affected by his work or operations.

If low or high temperatures make it impossible to continue operations safely in spite of all reasonable precautions, the Contractor shall cease work and immediately notify the Construction Manager. It shall be incumbent on all other Prime Contractors to cease work until conditions permit resumption of operations with the benefit of effective protection.

The Contractor shall remove work damaged by failure to provide such protection, and replace same with new work to the satisfaction of the Architect, at no extra cost to the Owner.

The Contractor shall construct, install, or otherwise provide and maintain means of protecting the site, the building, adjacent buildings, other properties (streets, sidewalks, utilities, vehicles etc.), employees, the general public etc., from any damage that could result from the Contractor’s work activities. Same shall be in conformity with the requirements of all authorities having jurisdiction over such protection.

20.TEMPORARY PARTITIONS

The Contractor shall construct and install partitions as required to protect the work areas of the building as well as the non-work areas of the building from his dust, debris, volatile fumes, hazards, or any other damage as required to insure safety and minimal disruption to the workers on the site and their operations, as well as the Work itself. The Contractor shall otherwise construct and install partitions as required to protect the Work of others that could be adversely affected by his Work or operations. Such partitions shall be removed at such time as the respective Work is complete.

21.TEMPORARY VENTILATION

The Contractor shall provide a safe means of ventilation to insure that damaging or unsafe dust, odors, volatile fumes, airborne particles, gasses etc., which are the result of his Work, do not enter the parts of the building that are occupied, nor shall such residual matter be allowed to enter the building’s air handling systems. The respective means shall be in conformance with the requirements of all agencies having jurisdiction.

22.CUTTING AND PATCHING OF WORK

It is the requirement of these Contract Documents that, in new construction, cutting and patching must be avoided whenever possible. Cutting and Patching made necessary by failure to anticipate, coordinate, cooperate or other form of negligence, shall not be considered acceptable or in conformity with the Contract Documents, and the Contractor must receive the Construction Manager’s and Architect’s permission for implementation thereof. The cost of such Work shall be borne by the Contractor deemed negligent and he shall be responsible for such Work and such costs. It should be noted that failure on the part of one Contractor to give due notice in reasonable time to another Contractor shall be as much an act of negligence as failure on the part of one Contractor to heed due notice received in reasonable time from another Contractor.