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Supplemental Conditions and Provisions

Policies & Procedures for New Construction, Renovation and Capital Maintenance Projects



1.1.1 Owner or Architect may request minor changes consistent with the purposes and scope of the Work and not involving extra expense to Contractor. Contractor shall make such changes at no additional cost to Owner.

The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents.

A Change order is a written order to the Contractor signed by the Owner and the Architect, issued after execution of the Contract, authorizing a change in the Work of an adjustment in the Contract Sum or the Contract Time. AIA G701 is the approved form to be used. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum or the Contract Time.

1.1.3 A statement indicating item(s) of authorized extra Work incurred during each calendar month shall be included in the Contractor's monthly status report.
1.1.4 Except as authorized in writing and signed by the Architect and Owner which specifically defines the extra Work to be done, the payment to be made therefore and the number of additional calendar days, if any, to be allowed therefore, Owner shall not be liable and Contractor hereby waives any claim for any and all damages, loss and expense, direct or consequential, sustained or incurred by Contractor on account of or in consequence of any discontinuance of Work or any delay in the Work caused by any changes in the Work requested by Architect, whether or not the conditions necessitating such changes be unforeseeable or unanticipated.
1.1.5 Overhead and profit on change orders shall be limited to a maximum of 10% each.



1.2.1 The Contract Sum is stated in the Owner-Contractor Agreement and, including authorized adjustments thereto, is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents.
1.2.2 At least ten days before the date for each progress payment established in the Owner-Contractor Agreement, the Contractor shall submit to the Architect an itemized AIA G702 Application and Certificate for Payment, notarized if required, supported by such data substantiating the Contractor's right to payment as the Owner or the Architect may require, and reflecting retainage, if any, as provided elsewhere in the Contract Documents. The Contractor shall, with each application for payment, submit releases of liens for all Subcontractors, suppliers, and any other persons and/or organizations.
1.2.3 Unless otherwise provided in the Contract Documents, payments will be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site and, if approved in advance by the Owner, payments may similarly be made for materials or equipment stored on or off the site shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's title to such materials or equipment or otherwise protect the Owner's interest, including applicable insurance and transportation to the site for those materials and equipment stored off the site.
1.2.4 The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the Owner either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to in this Article 1.2 as "liens"; and that no Work materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person.
1.2.5 The Architect will, within seven days after the receipt of the Contractor's Application for Payment, either issue a Certificate for Payment to the Owner, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor in writing his reasons for withholding a Certificate as provided in Subparagraph 1.2.11.
1.2.6 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on his observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations for the Contract Documents correctable prior to completion, and to any specific qualifications stated in his Certificate); and that the Contractor is entitled to payment in the amount certified.
1.2.7 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents. Retention of ten percent (10%) shall be held until substantial completion, at which time it shall be reduced to five percent (5%). At the time of final acceptance, the balance of the retention shall be paid to Contractor, provided all punchlist work has been completed; lien releases supplied and "as-built" drawings of the Work delivered to Architect.
1.2.8 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the Contractor on account of such Subcontractor's Work. The Contractor shall, by an appropriate agreement with each Subcontractor, require each Subcontractor to make payments to his sub-Contractors in similar manner. All checks issued shall be made with the stipulation that the amount paid shall be credited to this job account for labor and material.
1.2.9 No Certificate for a Progress Payment, nor any Progress Payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents.

The Architect may decline to certify payment and may withhold his Certificate in whole or in part, to the extent necessary reasonably to protect the Owner, if in his opinion he is unable to make representations to the Owner as provided in Sub-paragraph 1.2.6. If the Architect is unable to make representations to the Owner as provided in Subparagraph 1.2.6 and to certify payment in the amount of the Application, he will notify the Contractor as provided in Subparagraph 1.2.5. If the Contractor and the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which he is able to make such representations to the Owner. The Architect may also decline to certify payment; or because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part of any Certificate for Payment previously issued, to such extent as may be necessary in his opinion to protect the Owner from loss because of:

  1. defective Work not remedied.
  2. third party claims filed or reasonable evidence indicting probable filing of such claims.
  3. failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or equipment.
  4. reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum.
  5. damage to the Owner or another Contractor.
  6. reasonable evidence that the Work will not be completed within the Contract Time, or
  7. persistent failure to carry out the Work in accordance with the Contract Documents.
1.2.11 When the above grounds in Subparagraph 1.2.10 are removed, payment shall be made for amounts withheld because of them.
1.2.12 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final application for Payment and copies of all releases and waivers of liens from Subcontractors, suppliers and materialmen, the Architect will promptly issue a final Certificate for Payment stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. The architect's final Certificate for Payment will constitute a further representation that the condition precedent to the Contractor's being entitled to final payment as set forth in Subparagraph 1.2.13 have been fulfilled.
1.2.13 Neither the final payment nor the remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, (2) consent of surety, if any, to final payment and (3) if required by the Owner, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the Owner. If any Subcontractor refuses to furnish a release or 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 moneys that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees.
1.2.14 The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final Application for Payment.
1.2.15 The Contractor shall update his schedule to the last day in the month and send a copy with his Progress Payment. Progress Payment shall not be complete unless accompanied with an updated schedule.
1.2.16 Payment due and unpaid under the Contract for more than thirty (30) days from the due date shall bear interest at the annual rate of ten percent (10%) from the date payment is due.



1.3.1 To protect persons from injury and to avoid property damage, adequate barricades, construction signs, flashers or guards will be placed and maintained by Contractor during the progress of construction Work, including after regular Working hours and on weekends. In addition, when required, watchmen or flagmen will be posted by Contractor to prevent accidents.



1.4.1 Contractor for itself and for its Subcontractors and for its and their suppliers and employees and for all other persons performing any labor or furnishing any labor or materials for any of the Work covered by the Contract hereby waives to the full extent permitted by law all mechanics' or other liens for or on account of the Work done or materials furnished hereunder so that the improvements or structures wherein the same may be incorporated and the land to which they are appurtenant shall at all times be free and clear of all such liens.



1.5.1 In addition to Contractor's ability for property damage as set forth in the Contract Documents, Contractor shall also be responsible for any damage to its vehicles and the vehicles of its Subcontractors, while the vehicles are parked or used on Owner's property.



1.6.1 It is distinctly understood and agreed that Contractor is, and shall be deemed to be and treated as, an independent Contractor while engaged in the performance of the Work herein defined.



1.7.1 Contractor shall comply with all present laws, ordinances, orders, rules, regulations and requirements of every duly constituted governmental authority, agency or instrumentality; except for building permit, shall obtain and pay, for required permits and licenses; shall make all contributions with respect to employment required by such applicable laws, orders, rules, regulations and requirements; and will assume and pay any taxes imposed, including sales, use and privileges taxes (franchise and gross receipts), as any or all of which may apply to these Contract Documents or pertain to this project. The Owner is a tax-exempt entity and will furnish a tax-exempt number to be used by the Contractor for the purchase of materials. Contractor will be responsible for and indemnify, save harmless and defend Owner from and against any and all claims, suits, legal proceedings, liability damages, loss an expense, including attorneys' fees and other legal expense which may arise out of the failure of Contractor to obtain and pay for any such licenses and permits, to assume and pay any taxes imposed or to comply with any and all applicable laws, orders, rules, regulations and requirements. Owner, at its option, may also be represented in any such suits or legal proceedings by attorneys of its selection, at its own expense.
1.7.2 Without limiting the generality of the foregoing; (A) Contractor shall comply with the Fair Labor Standards Act of 1938, as amended. The Maryland Wage and Hour Law (Art. 100, SS81-93 of the Annotated Code of Maryland), the Maryland Equal Pay Act (Art. 100, SS55A-55H of the Annotated Code of Maryland) and the Maryland Child Labor Law (Art. 100, SS4-14 of the Annotated Code of Maryland) (B) Contractor shall, to the extent Contractor shall have actual or constructive notice thereof, comply with such requirements of Owner in respect of equal employment opportunity and any other matter as Owner shall, from time to time, be required by any such governmental authority, agency or instrumentality, whether by Contract or otherwise, to cause Contractor to comply with, including but not limited to, the requirements of Section 202 of Executive Order No. 11246 entitled "Equal Employment Opportunity," and of SS14 through 18 of Article 49B of the Annotated Code of Maryland relating to Discrimination of Employment. All of the provisions of which shall be deemed to be incorporated herein; and Contractor shall promptly furnish to Owner such certification in respect of any and all of the foregoing as Owner shall reasonable request, from time to time, by written notice to Contractor.
1.7.3 All articles and materials furnished hereunder shall comply with such provisions of the Federal Occupational Safety and Health Act © Art. 89, SS28-49C of the Annotated Code of Maryland, the Federal Coal Mine Health and Safety Act of 1969, and the Federal Mine Safety and Health Amendments Act of 1977 and regulations under said Acts as apply to the possession and use of such articles and materials by Owner of any hazard or toxic substances which is present in, or may be encountered by, Owner and its articles or materials furnish hereunder, and Contractor shall use its best efforts to minimize the hazard or toxicity thereof.
1.7.4 To the extent that the Work contemplated herein requires Contractor to conduct its activities in areas, which are subject to the jurisdiction of Health Administration, Maryland, and/or Federal Occupational Safety and Health Act of 1970 (herein collectively referred to as MSHA/OSHA laws). Contractor shall use its best efforts to obtain a Contractor identification number as may be required or authorized under the MSHA/OSHA laws. Contractor shall be responsible for compliance by Contractor and its Subcontractors with all standards, rules, and regulations promulgated under applicable MSHA/OSHA laws and shall be responsible for any citations or orders issued thereunder arising out of Work to be performed pursuant to this Contract, including any assessment levied in connection therewith. Contractor agrees to indemnify, hold harmless and defend Owner from and against any citations or orders, or any assessments levied in connection therewith, issued pursuant to any MSHA/OSHA law relating to, or arising out of, the Work to be performed by Contractor, or any of its Subcontractors, including reasonable attorneys' fees incurred by Owner. The Contract price set forth in the Agreement includes the cost of compliance with all MSHA/OSHA laws and applicable standards, rules and regulations promulgated thereunder, and Owner shall not bear any portion thereof.




Contractor will comply, and will enforce compliance by all Subcontractors, with the highest standards of safety and accident prevention found in any of the following:

(a) Applicable laws, ordinances, building and construction codes, orders, rules and regulations (including those of owner); (b) the latest edition of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, Inc.: (c) MSHA/OSHA requirements.

1.8.2 Contractor shall designate a responsible member of the organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's Superintendent unless otherwise designated by the Contractor in writing to the Owner and the Architect.



1.9.1 Contractor and its Subcontractors will exercise reasonable care in the performance of the Work hereunder and will take the special precautions necessary to avoid harm from conditions existing or created during the progress of the Work containing an unreasonable or peculiar risk of harm to persons or property unless such special precautions are taken.



1.10.1 Contractor will, at his own expense, repair any damage to all property of whatever kind or character, whether publicly or privately owned, including the property of Owner, which may result from its operations under this Contract.



1.11.1 Contractor agrees to indemnify and save harmless against any and all claims, suits, legal proceedings, liability, damages, loss and expense, including attorney's fees and other legal expenses, by reason of liability imposed or claimed to be imposed by law upon Owner and Architect for damage because of bodily injuries, including death at any time resulting therefrom, or on account of damage to property, sustained by any person or persons, arising out of or in consequence of performance of the Work called for by this Contract whether or not such bodily injuries, death, or damage to property arises or are claimed to have arisen in whole or in part out of the negligence or any other grounds of legal liability, including violation of any duty imposed by a statue, or ordinance or regulation, on the part of Contractor, Subcontractors, Owner, Architect, employees or agents of any of the, or any other person or organization, but excluding any liability caused by sole negligence or willful misconduct of Owner or Architect. Owner and Architect, at their option, may also be represented in any such suits or legal proceeding by attorneys of their own selection, at their own expense.



1.12.1 Contractors: All Contractors and/or Subcontractors providing service to the Archdiocese or any of its entities are required to provide a CERTIFICATE OF INSURANCE to the Archdiocese of Baltimore and the entity. All insurance policies shall be in form, amounts and with such companies that are reasonably acceptable to the Archdiocese.

Commercial General Liability: Contractor shall maintain Comprehensive General Bodily Injury and Broad Form Property Damage Liability including but not limited to Premises/Operations, Product & Completed Operations, Contractual Liability and Personal Injury Liability. The XCU Exclusion should be deleted. The policy must include the CGL Broadening Endorsement and be written on a per occurrence basis.

Minimum coverage limits:
Bodily Injury/Property Damage Liability
Per Occurrence/Aggregate $1,000,000/$3,000,000


Comprehensive Business Automobile: Contractor shall maintain Comprehensive Business Automobile Liability insurance including Bodily Injury and Property Damage Liability with owned, hired and non-owned vehicle coverage. The policy shall also include coverage for upset and/or overturn.

Minimum coverage limits:
Bodily Injury/Property Damage Liability
Per Occurrence $1,000,000


Worker's Compensation and Employers Liability: Contractor shall maintain Workers' Compensation insurance with statutory coverage as set forth by the State of Maryland including the All States and Voluntary Compensation endorsements.

Employer Liability Limits:
Each Accident $100,000
Disease - Policy Limit $500,000
Disease - Each Employee $100,000


Excess/Umbrella Liability: Contractor shall maintain an Excess/Umbrella Liability policy providing coverage in excess of the primary limits for CGL, Auto Liability and Workers' Compensation Employers Liability.

Minimum coverage limits:
Bodily Injury/Property Damage Liability
Each Occurrence $3,000,000

1.12.6 Additional Insured Clause: Contractor shall name Edwin F. O'Brien, Roman Catholic Archbishop of Baltimore a Corporation Sole, (Parish/Institution), and (Architect) as Additional Insureds to all policies except Workers' Compensation.

Cancellation Clause Amended: "Should any of the above described policies be canceled, non-renewed or materially altered before the expiration date, the issuing company will mail 30 days written notice to the Certificate holder named herein."

An original certificate must be on file with the entity prior to the execution of the Contract. A copy of said certificate(s) must also be sent to the Archdiocesan Division of Insurance, 320 Cathedral Street, Baltimore, Maryland 21201, Attention: Miss D'Juana Jones


All policies shall be endorsed to provide that 30 days prior to written notice will be given by the carrier before effecting cancellation or material change of coverage to:

Edwin F. O'Brien, Roman Catholic Archbishop of Baltimore, a Corporation Sole c/o PARISH;

and to:



In addition, all liability policies shall be endorsed to include:

Edwin F. O'Brien, Roman Catholic Archbishop of Baltimore, a Corporation Sole; PARISH/INSTITUTION; ARCHITECT as additional insureds.

1.12.10 The Contractor shall not commence any Work until a certificate in evidence of insurance coverage has been approved by Owner, nor shall Contractor allow any Subcontractors to commence Work until similar evidence for each Subcontractor has been obtained and approved by Contractor. The Contractor shall be responsible for compliance by all Subcontractors with these insurance requirements.
1.12.11 It shall be a condition of approval that the required insurance must be arranged with insurance companies authorized to do business in the State of Maryland.

Certificates evidencing the Contractor's required insurance shall be made out to:

Edwin F. O'Brien, Roman Catholic Archbishop of Baltimore, a Corporation Sole, and PARISH/INSTITUTION;


Certificates must be on file before the commencement of Work and must reflect both the endorsement provisions requiring thirty (30) days prior written notice to be given before cancellation or material change, and the additional interest where applicable. Each certificate shall specify the date when such benefits and insurance expire. Contractor agrees that such benefits and insurance, as specified above, shall be provided and maintained until the entire Work under the Contract has been completed and accepted by Owner. The original certificates shall be mailed or delivered to:

Division of Facilities Management
Archdiocese of Baltimore
320 Cathedral Street
Baltimore, Maryland 21201-4413

Copies of the certificates shall be mailed or delivered to each of the following:

c/o NAME


1.12.14 Owner's approval or failure to disapprove insurance certificates furnished by Contractor shall not release Contractor from full responsibility for liability, damage, and accidents as set forth herein.
1.12.15 If at any time the required insurance policies should be canceled, terminated, or modified so that the insurance is not in full force and effect as required herein, Owner may terminate this Contract for default or at its option. obtain insurance coverage equal to that required herein and charge the expense thereof to Contractor's account.
1.12.16 Contractor and Subcontractors shall carry necessary fire, theft, physical damage, or other insurance on their own and their employee's tools, equipment, reusable materials (such as metal forms and metal scaffolding), trailers, sheds, and clothing as they deem necessary and at their sole expense.
1.12.17 All such insurance carried by Contractor and Subcontractor shall contain a waiver of the insurer's right of subrogation against Owner and (Architect).
1.12.18 Owner, and (Architect) shall be released and held harmless by Contractor and its Subcontractors for all loss of or damage to Contractor's and/or its Subcontractor's sheds, tools, equipment, and/or materials, or to any property of its employees.



1.13.1 The liability of Contractor assumed under this Contract shall in no manner be limited by the amount of insurance, which Contractor is required to provide by the terms hereof.
1.13.2 Unless otherwise expressly provided in this Contract, (a) no payment to Contractor under this Contract, including final payment, shall be deemed to be an acceptance of defective or improper Work or material, and (b) the liability or obligations of Contractor under this Contract shall not be deemed to be released, discharged, or waived by reason of termination of this Contract or acceptance of Work or final payment hereunder.



1.14.1 This Contract shall be construed and enforced, and all rights and liabilities hereunder shall be determined in accordance with the laws of the State of Maryland.



1.15.1 Contractor will provide and maintain adequate first aid facilities at the job site and arrange for emergency treatment of injuries by doctors in private practice. Owner will not assume any responsibility, financial otherwise, for any hospital, medical or surgical care of treatment which Contractor, Subcontractors or their employees may require during the course of the Work or at any time thereafter.



1.16.1 Contractor will not commence Work nor allow any Subcontractor to do so until all insurance and bonds to be furnished hereunder, except Owner-furnished insurance, have been approved by Owner and until Owner/Architect has given Contractor written notice to proceed.



1.17.1 Prior to commencement of Work, Contractor shall prepare and submit to Architect for approval a progress schedule indicating the proposed dates for the starting of completion of the various parts of the Work outline herein.
1.17.2 With each Progress Payment the Contractor shall submit an update of his schedule.



1.18.1 Contractor will not assign this Contract nor assign any monies due or to become due hereunder without previous written consent of Owner.



1.19.1 It is agreed, prior to submitting its proposal to perform the Work to be accomplished under these documents, Contractor visited the project site. By submission of said proposal, Contractor acknowledged such visit and an understanding of the conditions under which the Work must be accomplished including the manner of construction and access to the site.



1.20.1 Owner or other parties may perform work in the vicinity of or on the premises affected by this Contract. In the event of such Work, Contractor agrees to arrange and carry on its Work in such a manner that the performance of such Work by Owner or other parties will not be unnecessarily hindered or delayed and Contractor and the persons performing such other Work may be adjusted or settled by Architect and his decision will be final.



1.21.1 Contractor guarantees that all Work done under this Contract will be free of faulty materials or Workmanship and that all materials used will be new unless otherwise agreed to in writing by the Owner, or specified herein. Contractor hereby agrees, immediately upon receiving notification from Architect, to remedy, repair or replace, without cost to Owner and to Architect's entire satisfaction, all defects, damages or imperfections which may appear as a result of faulty materials or Workmanship in said Work or as a result of any faulty design prepared by Contractor or Subcontractor, at any time, or from time to time, during the period beginning with commencement of Work and ending one year after the date of final payment unless otherwise specifically extended. This obligation does not guarantee against damage sustained as a result of improper operation of equipment or changes or additions made or done by persons not directly responsible to Contractor or Subcontractors, except where such changes or additions are made in accordance with Contractor's or Subcontractor's direction. Contractor's guarantee on equipment manufactured or supplied by firms other than Contractor will equal but not exceed the guarantee of the manufacturer or supplier. Termination of this Contract or the acceptance of Work or payment to Contractor hereunder will not relieve Contractor from these obligations. In addition to this general guarantee, specific product and installation guarantees shall be included as they appear in other specification sections.



1.22.1 Use of offensive language, by any Worker is prohibited at all times, and the Owner reserves the right to ask that any such Worker be removed from the project.



1.23.1 Owner and Architect will at any and all times have access to the Work being performed under this Contract and all aspects thereof and to the premises affected thereby, for observation purposes including the utilization at Owner's expense of third-party inspectors; and Contractor will provide facilities for such access and inspection.
1.23.2 If the specifications, laws, ordinances, or Architect's instructions require any phase of the Work to be tested or approved, Contractor will notify Architect of the readiness for inspection, and Architect will inspect such Work promptly. If any such Work is covered up, the Contractor must, if required by Architect, uncover the Work for examination and recover the Work without additional cost to Owner.



1.24.1 At any time during construction, should Architect's inspection disclose any installed material or Workmanship of lesser quality than that specified, Contractor will, upon receipt of Architect's notice, remove the unacceptable Work and replace it, using new materials of acceptable quality, all without additional cost to Owner. Owner will have the option to withhold all or any part of the payment due Contractor until such replacement Work has been completed.
1.24.2 Reexamination of questioned Work may be ordered by Architect and, if so ordered, the Work will be uncovered by Contractor, if necessary. If uncovered Work is found to be in accordance with the Contract documents and design, Owner will pay the cost of uncovering and recovering as extra Work. If the uncovered Work is found not to be in accordance with the Contract documents and design, Contractor will pay all cost of uncovering and recovering in addition to the costs of correcting the unsatisfactory Work disclosed.



1.25.1 Notwithstanding anything to the contrary in this agreement, any delays in or failure of performance by Owner or Contractor (other than the payment of money) shall not constitute default hereunder as and to the extent such delays or failures of performance are caused by occurrence beyond the control of Owner or Contractor, as the case may be, including, but not limited to, Acts of God or the public enemy, compliance with any order or request of any governmental authority, Acts of War, fires, floods, unusual or prolonged inclement weather, explosions, accidents, riots, lockouts, strikes or other concerted acts of Workmen, whether or not of the same class or kind as those specified above, which are not within the control of Owner or Contractor respectively, and which by the exercise of reasonable diligence, Owner or Contractor are unable to prevent. The affected party shall give written notice to the other party as soon after becoming aware of the force Majeure event as is reasonably possible. The parties will meet together to determine the effects of the force Majeure event.



1.26.1 The Contractor shall provide performance and payment bonds in the amount of 100% of the Contract sum. These bonds shall be furnished with the insurance certificates, outlined in section 1.12, prior to the start of construction.



1.27.1 Delete paragraph 13.7.1 and all subparagraphs from AIA A-201 General Conditions.



1.28.1 Delete paragraphs 4.6 and all subparagraphs from AIA A-201 General Conditions.



1.29.1 In subparagraph 4.5.2 delete the portion of the third sentence, "The request may be made concurrently with the filing of a demand for arbitration but, in such event,": Capitalize the "M" in mediation and delete the words "arbitration or" in the remaining portion of the sentence.



1.30.1 Contractor agrees not to discriminate against any employee or applicant because of race, creed, color or national origin in connection with their employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation and selection for training. If the Contractor fails to comply with this provision, Owner shall have the right to cancel, terminate or suspend in whole or in part the Contract. Further, Contractor agrees to obligate its Subcontractors to these same requirements.



1.31.1 In subparagraph 1.6.1, delete in lines 5 and 6 the words, "and unless otherwise indicated, the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law; statutory and other reserved rights, in addition to the copyrights." Also, in lines 11 and 12, delete the words, "without the specific written consent of the Owner, Architect and the Architect's consultants."



1.32.1 Delete the last sentence of subparagraph 2.2.1.



1.33.1 In subparagraph 4.1.3, delete the words, "against whom the contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect."



1.34.1 In the fourth line of subparagraph 4.3.1, delete the words, "by written notice" in line 4 and insert, in lieu thereof, the words, "and fully documented in writing."
1.34.2 In the first line of subparagraph 4.3.2, add the words, "and fully documents" after the word "initiated" and delete in line 3 the words, "by written notice" and insert, in lieu thereof, the words, "and fully documented in writing."
1.34.3 In subparagraph, the following sentence is added, "Contractor agrees to make no Claim for damages for delays or disruption in the performance of this contract occasioned by any act or failure to act by Owner or any of Owner's representatives and agrees that any such claim shall be fully compensated for by an extension of time to complete the performance of the Work as provided herein."
1.34.4 Delete subparagraph 4.3.10 in its entirety.



1.35.1 In subparagraph 4.4.5, the word "arbitration" at the end of the subparagraph is to be deleted and, in lieu thereof, the word "litigation" is inserted.
1.35.2 Delete subparagraph 4.4.6 in its entirety.
1.35.3 In subparagraph 4.4.8, the word "arbitration" at the end of the subparagraph is to be deleted and, in lieu thereof, the word "litigation" is inserted.



1.36.1 In the second line of subparagraph 10.5, insert the words "which existed in the Project Site" between the words "substance" and "solely."



1.37.1 Delete subparagraph 11.2.1 in its entirety



1.38.1 Delete subparagraph 11.3.3 in its entirety.



1.39.1 In subparagraph 11.4.1, please delete the word "Owner" in the first line and insert. in lieu thereof. the word "Contractor."
1.39.2 Add at the end of the first sentence in subparagraph 11.4.1,. the words "and with no co-insurance."
1.39.3 add at the end of subparagraph the following words, "including all permit, regulatory fees and soft costs
1.39.4 Delete subparagraph in its entirety.
1.39.5 In subparagraph, please delete the word "owner" in the first line and insert, in lieu thereof, the word "Contractor." Also, add at the end of subparagraph, the following words, "without charge back to the Owner or change Order to the Contract."
1.39.6 In subparagraph 11.4.2, delete the word "Owner" in the first line and insert, in lieu thereof, the word "Contractor."
1.39.7 Delete subparagraph 11.4.3 in its entirety
1.39.8 In subparagraph 11.4.4, delete the word "Contractor" in the first line and insert, in lieu thereof, the word "Owner," delete the word "herein" in the first line and insert, in lieu thereof, the words, " in the Contract Document," delete the word "Owner" in the second line and insert, in lieu thereof, the word "Contractor," and delete the word "Contractor" in the last line and insert, in lieu thereof, the word "Owner."
1.39.9 The following shall be added at the end of subparagraph 11.4.5, "provided the primary cause of the loss is not the result of negligence by the Contractor or its subcontractors or the loss is not otherwise covered by insurance.
1.39.10 The following sentence shall be added at the end of subparagraph 11.4.6, "Each policy shall name the Owner as an additional insured."
1.39.11 In the sixty line of subparagraph 11.4.7, delete the word "owner" the first time it appears and insert, in lieu thereof, the word "Contractor."
1.39.12 In the first line of subparagraph 11.4.8, delete the word "Owner's" and insert, in lieu thereof, the word "Contractors;" add after the word "Owner" in the first line, the phrase, "and Contractor jointly" and delete the word "Owner" in the second line and insert, in lieu thereof, the word "Contractor."
1.39.13 Delete subparagraph 11.4.10 in its entirety.




Minimum Amount of Insurance

Completed value of the building/structure, excluding the value of the land; property in transit in the amount of $100,000 and off site storage in the amount of $250,000.

1.40.2 Property Covered is to include excavation, grading or filling as well as foundations, underground flues, pipes, drains and wiring.
1.40.3 Covered Causes of Loss (Perils); Risks of direct physical loss from any external cause, except those causes of loss listed in the policy Exclusions; No collapse exclusion; Ordinance or Law Coverage - Exclusion deleted/coverage provided; Resulting Damage - modify faulty design error or omission, materials, workmanship, etc. Exclusion to provide for damage the results to other covered Property "from faulty, inadequate or defective design, specifications, construction, materials or workmanship;" Flood $1,000,000 with no more than a $25,000 deductible; and No exclusion for "cold" testing.
1.40.4 Maximum Deductible The maximum amount of any deductible shall be $1,000 per occurrence. The cost of any deductible shall be paid by Contractor.
1.40.5 Valuation At replacement cost.
1.40.6 Extension of Coverage (Additional Coverages) Builder's Risk Coverage shall include, at a minimum, the following: Debris Removal $50,000 Outdoor Trees, Shrubs & Plants $25,000 Extra Expense $50,000