2013 4 29 ROSEMARY BEACH PROJECT MANUAL.pdf

DAG Architects Inc
12041 Rosemary Beach Owners Center
Rosemary Beach, FL.
progress schedule, the Contractor shall take such steps as may be necessary to improve the
progress by increasing the number of shifts, overtime operations, days of work and the amount of
construction plans, all without additional cost to the Owner.
3.3.5 The Contractor shall not be relieved of obligations to perform the Work in accordance with the
Contract Documents either by activities or duties of the Architect in the Architect’s administration of
the Contract, or by tests, inspections or approvals required or performed by persons other than the
Contractor.
3.3.6 The Contractor shall furnish sufficient forces, construction plant and equipment, and shall work such
hours, including night shifts and overtime operations, as may be necessary to insure the prosecution
of the Work in accordance with the approved progress schedule. If the Contractor falls behind the
progress schedule, the Contractor shall take such steps as may be necessary to improve the
progress by increasing the number of shifts, overtime operations, days of work and the amount of
construction plant, all without additional cost to the Owner.
3.3.7 Failure of the Contractor to comply with the requirements under this provision shall be grounds for
determination by the Architect that the Contractor is not executing the Work with such diligence as
will insure completion within the time specified and such failure may constitute a substantial
violation of the conditions of the Agreement.
3.3.8 Upon such determination, the Owner may terminate the Contractor’s right to proceed with the
Work, or any separable part thereof, in accordance with Article 14 of the General Conditions, or may
with hold further payments as indicated in Article 9.5.1 also of the General Conditions.
3.4 LABOR AND MATERIALS
Add the following Subparagraphs 3.4.4, 3.4.5, 3.4.6 and 3.4.7 to 3.4:
3.4.4 After the Contract has been executed, the Owner and the Architect will consider a formal request for
the substitution of products in place of those specified only under the conditions set forth in the
General Requirements (Division 1 of the Specifications), Section “Product Requirements.”.
3.4.5 By making requests for substitutions based on Subparagraph 3.4.4 above, the Contractor:
1. Represents that the Contractor has personally investigated the proposed substitute product
and determined that it is equal or superior in all respects to that specified;
2. Represents that the Contractor will provide the same warranty for the substitution that the
Contractor would for that specified;
3. Certifies that the cost data presented is complete and includes all related costs under this
Contract, including the Architect's or Engineer’s redesign costs, and waives all claims for
additional costs related to the substitution which subsequently become apparent; and
4. Will coordinate the installation of the accepted substitute, making such changes as may be
required for the Work to be complete in all respects.
3.4.6 The Contractor shall follow all specified and manufacturer’s standards for Delivery, Storage and
Handling of all products. All products that require storage in a climate-controlled environment shall
be so handled. In all cases the more stringent guidelines shall be followed.
3.4.7 The Contractor shall follow all specified and manufacturers instructions and conditions for installation
SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 00 73 00 -3