FPD General Conditions

Article 1:  General Provisions

1.1.5 Basic Definitions 

Added: Owner's Authorized Agent
When the term “Owner’s Authorized Agent” is used herein, it shall refer to an employee or agency acting on the behalf of the Owner’s Representative to perform duties related to code inspections, testing, operational systems checks, certification or accreditation inspections, or other specialized work.

1.1.10 Added: “compliant”

Article 3: Contractor

3.2

Added: Compliance with Laws, Regulations, Permits, Codes, and Inspection

3.2.1

Added: permit requirements, codes,

3.11

Added: Delegation Design
If the Contract Documents specify the Contractor is responsible for the design of any work as part of the project, then the Contractor shall procure all design services and certifications necessary to complete the Work as specified, from a design professional licensed in the State of Missouri. The signature and seal of that design professional shall appear on all drawings, calculations, specifications, certifications, shop drawings, and other submittals related to the Work. The design professional shall maintain insurance as required per Article 11.

Article 9: Payments and Completion

9.4 Applications for Payment

Added:
(9.4.4.7 Upon favorable inspection by the Owner’s Representative, the Contractor shall, at the Owner’s option, submit a Bill of Sale and Bailment Agreement on forms provided by the Owner’s Representative, transferring title of the material or equipment to The Curators of the University of Missouri.
9.4.4.11 The Contractor shall furnish and maintain insurance covering the replacement cost of the material stored offsite against all losses and shall furnish proof of coverage with the application for payment for material stored offsite.
9.4.4.4.12 The Contractor is responsible for all costs related to storage and handling of material stored offsite unless otherwise directed by the Owner’s Representative.

Article 11: Insurance & Bonds

11.2.5

Modified: Commercial General Liability
“The officers, employees, and agents of The Curators of the University of Missouri” shall be endorsed as an “additional insured” under the CGL policy.

11.5.1

Added: Liability Insurance General/Other Requirements
Any Consultant/Contractor providing professional design services as part of the contract shall be required to provide and maintain, from the date of this Contract and for a period of ten (10) years after the date of Final Completion, Professional Liability insurance to cover any claims, including but not limited to errors, omissions and negligence, which may arise from the Design and related Services performed by the Consultant. The minimum limits for such Policy shall be $1,000,000.00 per occurrence/$1,000,000.00 aggregate. The insurance afforded by the policy shall meet the requirements of this Section 11.2 and Section 11.5 relating to CGL Policies, and without limiting the foregoing, shall be extended to cover the liability of “The officers, employees, and agents of The Curators of the University of Missouri”, who shall be named as additional insureds therein, and this liability is assumed in writing by the Contractor’s Consultant under the written Subcontract described herein.

Article 13: Miscellaneous Provisions

13.3 Tests and Inspections

Modified:
13.3.1 Tests, inspections, and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, codes, or regulations shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory, the Owner’s Authorized Agent or entity acceptable to the Owner, and the Contractor shall bear related costs of tests, inspections, and approvals as required in the Contract Documents. The Contractor shall give the Architect, Owner's Representative, and the Owner’s Authorized Agent timely notice of when and where tests and inspections are to be made so the Architect, the Owner's Representative and/or the Owner’s Authorized Agent may observe procedures or perform the necessary tests or inspections.
13.3.2 If the Architect, Owner's Representative, or the Owner’s Authorized Agent determine that portions of the Work require additional testing, inspection or approval not included in the Contract Documents, or required by law, the Architect, or the Owner's Representative will instruct the Contractor to make arrangements for such additional testing, inspection, or approval by an entity acceptable to the Owner's Representative and the Contractor shall give timely notice to the Architect, the Owner's Representative or the Owner’s Authorized Agent, of when and where tests and inspections are to be made so the Architect, Owner's Representative and/or the Owner’s Authorized Agent , so may choose that the tests or inspections can be performed or observed. The Owner will bear such costs except as provided elsewhere in Article 13.
13.3.3 If such procedures for testing, inspection, or approval under Article 13 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's and Owner’s Authorized Agent’s services and expenses.