Loading...
01/20/1994 Agreement 1J9ann!, I. Itolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 MEMQ,BAHQ!lM TO: Larry Keys, Morrison-Knudsen/Gerrits Isabel C. DeSantis, Deputy Clerk ~. c. e . FROM: DATE: February 8, 1994 On January 20, 1994, the Board granted approval and authorized execution of Contract FB-001 between Monroe County and D.L. Porter Construction, Inc., for the Big Coppitt Fire Facility Construction, pending legal SUfficiency. Attached hereto is duplicate original of the subject Contract now fully executed and sealed by all parties, which should be sent to D.L. Porter. Should you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney County Administrator w/o document Finance Director File D.L. PORTER CONSTRUCTION, INC. BIG COPPITT FIRE FACILITY CONTRACT FB-001 I. II. III. A. B. C. D. E. F. G. H. A. B. C. D. E. F. G. Form of Agreement Public Construction Bond Certificate of Insurance Table of Contents Scope of Work Milestone Schedule Addenda A. Proposal Form, pages 00001-1 through 00001-3, signed by bidder and dated January 5, 1994 5% Bid Bond from Fidelity & Deposit Company of Maryland Lobbying and Conflict of Interest Clause Non-Collusion Affidavit Sworn Statement on Public Entity Crimes B. C. D. E. General Conditions Supplementary Conditions Contractor's Affidavit of Release of Debts Contractor's Affidavit of Release of Liens Consent of Surety of Final Payment Project Safety & Health Plan Contractor Quality Control Plan General Requirements Application for Payment Project Meetings Submittals Progress Schedules Schedule of Values Daily Construction Report Document Clarification Requests Testing Laboratory Services Temporary Utilities Construction Aids Access Roads and Parking Areas Temporary Controls Field Offices and Sheds Construction Cleaning Material and Equipment Post-Bid Substitutions Starting of Systems Contract Closeout Final Cleaning Project Record Documents Operation and Maintenance Data THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A101/CM CONSTRUCTION MANAGEMENT EDITION Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1980 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. This document is intended to be used in conjunction with AlA Documents A201/CM, 1980; B141/CM, 1980; and B801, 1980. AGREEMENT No. FB-001 made as of the ~,~O~ , da,Y of h Hundred and 11A./'~ ~ F-( Ict1 'I) _ In the year of Nineteen BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 '> ..... ~ .::ti '~:J c-., . ~'> ~-~ k>' .J:S: ,-'/ - ' , '. and the Contractor: D.L. Porter Construction, Inc. 1100 Gillespie Avenue Sarasota, FL 34236 (813) 365-1522 Big Coppitt Fire Facility -~ '- -. ;:::; "'~ I:i::/ "::; I 'v ~ C::5 '-; 'i ~ '"\ 0,-, '" the Project: the Construction Manager: Morrison Knudsen/Gerrits the Architect: Currie Schneider & Associates The Owner and the Contractor agree as set forth below. Copyright 1975, @ 1980 by The American Institute of Architects, 173S New York Avenue, N.W., Washington, D.C. 20006. Re- production of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUMENT A101/CM . OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION MANAGEMENT EDITION. JUNE 1980 EDITION. AIA@ . @1980 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101/CM -1980 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for the Construction of (Here insert the caption descriptive of the Work as used on other Contract Documents.) Big Coppitt Fire Facility. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on the date as established in the Notice to Proceed, and, subject to authorized adjustments, Substantial Completion of the Work shall be achieved not later than the (Here insert any special provisions for liquidated damages relating to failure to complete on time.) time indicatE!d in Section 00350, Milestone Schedule. AlA DOCUMENT A101/CM . OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION MANAGEMENT EDITION. JUNE 1980 EDITION. AIA@ . @1980 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101/CM -1980 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of One Million Forty Three THousand Dollars ................... . $1.043.000.00 The Contract Sum is determined as follows: (State here the base bid or other lump sum amounL accepted alternates and unit prices, as applicable.) 1. Auger Gr'out Injected Piles - Estimated Quantity 900 lineal feet X $18.00/lf $16.200.00 2. Contract work not included in Item 1. $1.026.800.00 3. Total Base Bid (Item #1 + Item #2) $1.043.000.00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Construction Manager by the Contractor and Project Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract Documents for the period ending the twenty fi fth (25) . t 1 day of each month as follows: approxlma e y Not later than thirty (30) days following the end of the period covered by the Application for Payment, Ni nety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the Work, a sum sufficient to increase the total payments to One Hundred percent ( 100%) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (II not covered elsewhere in the Contract Documents, here insert any provision lor limiting or reducing the amount retained alter the Work reaches a certain stage 01 completion.) -Pft'rmert~ t1e"'0~ ~a1.a-t1f1.ae,~./;)e.f:~f'aC~-~-tHl'le+Hso05R..j.j_I3@..1" T"~t- fl'O'fofl- #I-e 4M€-tl<l)'RleAot- ~8t1€-~~"'A@oof'<Ke 4!lNefeO. -bel SWO,-08F-+Ft ~~<I85eAE@ -tR~~,"",*" ~ ~@8~l- oI'do~ p.:Q\l~jjin.8- oOl-l; -t~i*ac~ -of- ~ ..po(~@~~ ~..~.."'....)'o~.el-i.._l."tJ<~.. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places 01 business, the location 01 the Pro;ect and elsewhere may affect the validity 01 this provision. Specilic legal advice should be obtained with respect to deletion, modification or other requirements such as written disclosures or waivers.) AlA DOCUMENT A11111CM . OWNER-CONTRACTOR AGREEMENT . CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AIAIll> . @1980 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 A101/CM -1980 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and the Architect has issued a Project Certificate for Payment which approves the final payment due the Contractor. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, the Conditions of the Contract [General, Supplementary and other Conditions], the Drawings, the Specifications, and any Addenda and accepted altE'mates, showing page or sheet numbers in al/ cases and dates where applicable.) I. Bidding Documents A. Bid Documents for Big Coppitt Fire Facility, which include Bidding Documents, Contract Documents, Conditions, Drawings, General Requirements and Technical Specifications, and which are enumerated in the attached Table of Contents, pages 00001-1 through 00001-5, dated October 8, 1993, all as amended by the addenda listed below. B. Addl~ndum No.1 dated December 16, 1993 Addl~ndum No. 2 dated December 21, 1993 Addl~ndum No. 3 da ted Decembe r 28, 1993 II. Proposal Documents submitted by A. Proposal Form, Pages 00110- 1 through 00110- 3 , signed by Bidder and dated January 5, 1994 B. Bid Security C. Swom Statement on Public Entity Crimes D. Lobbying and Conflict of Interest Clause E. Non-Collusion Affidavit AlA DOCUMENT A101/CM . OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AIA@ . @1980 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW.. WASHINGTON, D.C. 20006 A101/CM -1980 4 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) Reference the documents issued for bidding. 7.4 Working Conditions: IHere list any special conditions affecting the Contract.) Reference the documents issued for bidding. (Sea 1) Attest: Danny L. Kolhage, Clerk of the Courts "Approved as to Form and Legal Sufficienty" By' it.u c. ~~ Date: 01- do O~ q i BY'~~ Date: / ,.-)~ - 9;Y This Agreement entered into as of the day and year first written above. OWNER By: "t ~~:;; -; ~. ,r' ehL,;' m a...n / CONTRACTOR Monroe By: D\\>t~~;d-'~ 'TNc.. . Its: Vie i=:' Pl'll~\'C>l..-" )\ rJlJ CAUTION: You should sign an original AlA document which has this caution printed in red. An orilginal assures that changes will not be obscured as may occur when documents are reproduced. AlA DOCUMENT Al0l/CM . OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION MANAGEMENT EDITION' JUNE 1980 EDITION . AIM> . @1980 . THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101/CM -1980 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ~~'_. P07~~R CC\S~. TEL:l-S'Z-355-1805 Ja.n 2t 9i1 16:52 No.OOG P.D8 I'l!aJ~~s;:.Q1iSIRUC'I'l.QN >>Q@ BY THIS BOND, We: ~bJQRTER CON~~UCTION, INC. , as Principal and FIDI~~ITY & DEPOSIT COMPANY OF MARYLAND , a corporation, as Surety, are bound ~o BOARD OF COut{[Y COMMISS.19NERS OF MONR.(>E COlIlITJ, FL herein called Own~r, 1.n t~e sum of $ ONE MILLION, FORTY-THREE THQYSAND DOLLARS & for payment of WhlCh we blnd ourselves, or heirs, personal NO/lOO representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Perf'orms the contract, dated January 20, , 19 94. , between principal and OWner for construction of FB-=C:mT;" CONSTRUCTION-BIG COPPITT FIRE FACILITY , the contract bein9 made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payment to all claimants, as defined in Sect.ion 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used direotly or indirectly by principal in the prosecution of the work provided for in the cont.ract and; 3. Pays; Qwner all losses, damaqes, inoluding damages for delay, eXpllimSeS, costs, and attorney's fees, includinq appellate procleedinqs, that Owner sustains because of a default by Principal under the contract~ and 4. Performs the guarantee of all work and materials turnished UndE!r the contract for the time specified in the contrnct, then this bond is void, otherwise it remains in full force. Any changes in or under the contract documents and compliance with any formalities connected with the contract or the ohanges does not affect Surety's obligation under this bond. DATE ON J~nuary 25, , 19 94 D.l. PORTER CONSTRUCTION, INC. (Ni\Mt: OF I PRINCIPi\LI BY C. ~nC&2.a..j-..,_ (AS ATTORNEY IN FACT)C. Marshall White, V.P. FIDELITY & DEPOSIT COMPANY OF MARYLAND {NAME o~ SU~T'i) /) "'~~ ..:.. 0 - BY L~a--,)J-&0 - H\ ('... ~ Wanda A. McKay - Attorney-In-Fact 10/08/9'3 I>. -v SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 16 ffi Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE. MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. a corporation of the State of Maryland. by C. M. PECOT. JR.. Vice-President. and C. W. ROBBINS. Assistant Secretary. in pursuance of authority granted by Article VI. Section 2. of the By-Laws of said Company. which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof. does hereby nominate. constitute and appoint J. Raymond Bouchard, Richard E. Bouchard, Michael D. Hamby, Wanda A. McKay, Delores B. Moore and Tim A. Bouchard all of Clearwater Florida, EACH...............................................' , I S rue an aw agen an orney-m- act. to m e, execute. sea elver, or. n Its a as surety, and as Its act and deed: any and all bonds and undertakings........ ~...... ~...... ................... And the execution of such bonds or undertakings in pursuanc II be as binding upon said Company. as fully and amply, to all intents and purposes. as if they had been duly e ged by the regularly elected officers of the Company at its office in Baltimore, Md.. in their own proper perso f attorney revokes that issued on behalf of Roger O. Bouchard, etal, 6, 1988. The said Assistant Secretary does hereby certify th ~ e tract set~ the reverse side hereof is a true copy of Article VI. Section 2, of the By-Laws of said Company. and is now' . ~~ IN WITNESS WHEREOF. the said Vice-Presi d Assis cretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND D COMPA~"t: MARYLAND, thiL_m___________?_?J~h____________________m__________day of _____m!'_~_~!.!:l_~~Y.:..________m. A.D. 199-_1_ ~ ~ FlDELI DEPO~'ilbMPANY OF :YLAND~ ~0 Assislllnt Se~ Vice- sident \ STATE or MARYLAND ~ ~ COUNTY or BALTIMOIItE ~ ss: ~ On this____f.2_~hbday oL___f_~!U:_\J_a.I:~__~ A.D. 19.9_1_. before the subscriber. a Notary Public of the State of Maryland, duly commissioned and qualified. came C. M. PECOT, JR.. Vice-President and C. W. ROBBINS. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. to me personally known to be the individuals and officers described in and who executed the preceding instrument. and they each acknowledged the execution of the same, and being by me duly sworn. severally and each for himself deposeth and saith. that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company. and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. CAROLJ-FADtf2-W~N;;;;;;;P;;b';; My Commission Expi res_mm____________B.l!&Y_liLL_J.9.2Q_____________. CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full. true and correct copy. is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI. Section 2. of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July. 1969. RESOLVED: . 'That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter. wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the said Company, this b________n day oL.__n________.n____________________________. 19_______ LI42Kc -031-4128 m----------------------~~__________m______ O--------o--V Assistant Secretary F&D 999 EXTRACT FROM BY-LAWS OF 'FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with th,~ concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,. . . and to affix the seal of the Company thereto. " L1428b iii ~~ttIUL . '. :~--~""',.:.:..<.".. laGER BOUCHARD INSURANCE 101 St.rcrest Dr, PO Box 1080 CLEARNATER, FL 3:4118 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI. CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED IV THE POLICIES BELOW. CCM'ANlES AFFORDNG COVERAGE 813-447-1481 34236 COIiPANV A LETTER CO/IPANV B LETTER CO"'ANV C LETTER CO"'ANV D LETTER CO"'ANV E LETTER v FL D. L. Porter Construction, Inc 1100 Gillespie Ave. Sunot. Jt~~~~~~~~~~~~~~1~~;t~~~~.:1~@~::~~~~~~::::$1~~~~~r:~*1~:~~~~:~;~~~~~f~~~~::"~:~::1~f:~*:::~jt:~~::~ili::~f:~~ili*~llif::::~:;::~:t~:~~~~~~~f:~~i~~~::~::~~~~~:::~~1;~~~i::~:;::::*~~:*:.:~~%::::~~m%;f::;~i::::;::::::~:~~,-;::~~~;:~~m'::"';*;::~:~~~*ili~i~:~:f:::?:..J:::~~~1%~r:1~~~~t=m;:;.~>:t;1:~:'~-::"~~~~i~: THIS IS TO CERTIFY THA T THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICA T ED. NO TWIT HST ANDING ANY REQUIREMENT. T EIIIA OR CONDIT ION OF ANY CONT RACT OR 0 T HER OOCl.to1ENT WIT H RESPECT TO WHCH THIS CERTIFICA TE MAYBE ISSUED OR MA Y PERT AIN. THE INSURANCE AFFORCED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TE~S. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMTS SHOWNMAY HAVE BEEN REDUCED BY PAO CLAMS. 00 L Type Of' INIURANOI: POLIOY NIl... POLIOY IPI'DTM! POLIOY UP"AT DATE (1oIIlI/OO/VV) DATE (1oIIlI/OO/VV) LINM A X ClMoifRCIAl 6fNEIlAL LIABILITY 20447813. :::::::: CLAIMS MADE [iJ OCCUR. OWNER'S & CONTIlACTIlR'S PROT. 1/01/14 1/01115 BENEIlAL A88RE&A TE PRDDUCTS-ClM'/OP ABB. PERSONAL & AIlV. INJURY EACH OCCURRENCE fiRE 1lAMA1If (A MED. EXPENSE (A COMBINED SiNGlE LMT .....AL L1A11LITY AUTOIilClllU L1ABLITY . l\ X AIf/ AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS &A1lA6f L1ABILI TY 20280555 . 1/08/84 1/08/85 1 BODILY INJURY . IP" per.OIlI BOUlL Y INJURY . IP" ICcidellll PROPERTY 1lAMA&E . B IXODS L1A11LITY X !MIRELLA fOIlvl OTHER THAN ......BRELL~\ fOIlvl WOAICI!R'S OO..u.'ITION IHlI I!....OYDS'LIA8LIITY 71280181 . 1/08/84 1/01115 EACH OCCURRENCE . A66RE&ATE . j W ~H ~H H ~ ~~ ~ 1 ~ j 1 j ~ 1 ~ ~ ~ j ~j ~ ji Hj Hi ~n ~~ ~ ~ ~ n ~ 1 ~ 1 ~ ~ ~ 1 ~ 1 n ~ 1~; 1H H1 j 1~ 1 ~ 1H ~H i OTHER DATE INIj1AL ... . . . .. ...... .......... . .................. .................. ::::::::::::::;:::::::::::::::::::::: MW DI!SOAPTION Of' OPI!RATIONSII..ooATlONSIVI!H_1AL ITI!" PROJECT: INSURED: CONTRAC:T FB-001, CONSTRUCTlCJ\l -BIG COPPITT FIRE FACILlTV ADDITA~~h.,..., THE MONROE COUNTV BOARD OF COUNTV CCMtt I SS lONERS, I TS EMPLOVEEt;Wf~ l~' AllY : : 1@J1~m~~1*~**~1~t~~~~~<~~~t1.m~~~~~~~i~~1~~1~;tilimilim~l'ffi5~$J#m?~~~~_~t~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WllLxanutJlx&lli'iDx # MAIL 30 DAYSWRITTENNOTICETOTHECERTIFICATEHOLDERNAMEDTOTHE MORRI SON, KNUDS:EN/GETT I TS CORP i* LEFT .J8IIIlEJ["I-lII.DNMX~~KIl&'IlIKlKJIIIlIJI._IIaJlllllIGXlII PO BOX 5283 d ~~~ / roGER BOUCHARD INSURANCE 101 Starcrest Dr. PO Box 1080 CLEARWATER. FL 34811 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED IY THE POUCIE. BELOW. 3423& Cot.I'ANlES AFFORDN) COVERAGE COIlPANV A LETTER COllPANV B LETTER COllPANV C LETTER COllPANV D LETTER COllPANV E LETTER YES 113-447-&481 FL D. L. Porter Construction. Inc 1100 Gillespie Ave. Sarasota THIS IS TO CERTifY THA T THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED. NOTWITHST ANDING ANY REOUlREMENT. TE~ OR CONDITION OF ANY CONTRACT OR OTHER OOCu.1ENT WITH RESPECT TO WHICH THIS CERTIFICA TE MAYBE ISSUED OR MA Y PERT AIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TE~S. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMTS SHOWNMAY HAVE BEEN REDUCED BY PAlO CLAMS. 00 L Type 01' .....ANOI! POLIOY".,.... POLIOY IPROTM! POLIOY UP.AT DAg (..../OO/VY) DAg (..../OO/VY) LlNns ....AL L1ABLITY AUTOMODU LIABLITY AIft AUTO ALL OWNED AUTOS SCHEDUlED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE lIABllI TY GENERAL A86REGA TE I PROOUCTS-ClM'/OP A66. I PERSONAL' API. INJURY I EACH OCCURllENCE I fiRE DAMABE lA I MED. EXPENSE lA I CIMlINEO SINGLE I LIMIT BOOLY INJURY I (Per per,. BODILY INJURY I (Per KCidetlll PROPERTY IlAMABE I EACH OCCURRENCE I A66REGA TE I ClMolERCIAL GENERAl lIABllI TY HH CLAIMS MAllE [J OCCUR. OWNER'S . CONTRACTillR'S PROT. UOUSLIAIILITY It.1BRELLA fOIN OTHER THAN lJlo1BREW' fOIN WOAICI!R'I OO...ual'lTION AND ..-..oYlllS" LIABLilTY ~ ~ ~ ~ ~ ~ ~ ~ ~ ~; ~ ~ ~ j ~ ~ ~ 111 ~ j ~;~ ;~; ~~i 1~j ~~ ~ 1 ~ 1 ~ 1 ~ 11 ~ 1 ~ 1 ~ 1 ~ 1 ~ 11~ ~ 1 ~ 1 ~j 1~~ j ~ 1 ~ 11111~ ~ 111 j 23940 STA TUTORY LIMITS 1/01/94 12/31/94 EACH ACCIDENT DISEASE-POliCY LM T DISEASE-EACH EMPLOYEE 11; 11111111111111~; H~ ~ H 111111~j j11 ~ A I I I OTHIR Received Risk Mgmt. & Loss Control DaClRPTION 01' ClPIlRATIONIlI.ooATIONIlWHIOUlII...... n.. PROJECT: CONTRAC:T FB-OO 1. CONSTRUCTI CJ\I -B I G copp I TT FIRE F AC I LI TV DATE INITIAL '-;/it3 W SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE @~ EXPIRATION DATE THEREOF. THE ISSUING COMPANY WLL ~&'AJN{m: :';':0:' Wi MAL 30 DA YSWRtTTENNOTICE TO THECERTFICA TE HOLDERNAMEDTO THE MORRI SON. KNUDSEN/GETT I TS CORP [~i LEFT.IPIUII"IDJI[JrIll"'''''IIX!11K21JNU1~.ul.lIlIINl_I}tll~lil'ltWfil PO BOK 5283 g ~~- . . ...'tel! . . ~85~3'~00~"", ....:..:..............:BII,._J..ht,' TABLE OF CONTENTS BIG COPPITT FIRE FACILITY 1. Bidding Documents section 00030 section 00100 section 00110 section 00163 Section 00220 section 00230 section 00300 section 00350 Notice of Calling for Bids Instructions to Bidders Proposal Form Pre-Bid Substitutions Geotechnical Data Site Survey Scope of Work Milestone Schedule 2. Contract Documents section 00500 Standard Form of Agreement Between Owner and Contractor - AlA Document A101/CM, June 1980 edition 3. Conditions section 00750 section 00800 section 00900 Section 00905 section 00910 section 00970 section 00980 General Conditions, AlA Document A201/CM, June 1980 edition Supplementary General Conditions Contractor's Affidavit of Payment of Debts and Claims Contractor's Affidavit of Release of Liens Consent of Surety to Final Payment - AlA Document G707, April 1970 edition project Safety and Health Plan Contractor Quality Control Plan 4. General Requirements Sec::tion 01027 Sec::tion 01200 Sec::tion 01301 Sec::tion 01310 Sec::tion 01370 Sec::tion 01385 Sec::tion 01395 section 01410 Section 01510 section 01520 section 01550 Section 01560 Application for Payment Project Meetings Submittals Progress Schedules Schedule of Values Daily Construction Reports Document Clarification Requests Testing Laboratory Services Temporary utilities Construction Aids Access Roads and Parking Areas Temporary Controls 10/08/93 TABLE OF CONTENTS BIG COPPITT FIRE FACILITY 00001 - 1 General Requirements continued section 01590 Field Offices and Sheds section 01595 construction Cleaning section 01600 Material and Equipment section 01630 Post-Bid Substitutions section 01650 starting of systems section 01670 systems Demonstrations section 01700 Contract Closeout Section 01710 Final Cleaning section 01720 Project Record Documents section 01730 operation and Maintenance Data 5. Technical specifications DIVISION 02 - SITE WORK section 02010 Subsurface Investigation section 02100 site preparation section 02110 Clearing and Grubbing section 02200 Earthwork section 02240 Soil stabilization Section 02370 ~walks and section 02510 Paving section 02513 Asphalt Concrete Paving section 02580 Pavement Marking section 02820 Fire Well section 02841 Bicycle Rack section 02900 Landscaping DIV1:SION 03 - CONCRETE section 03050 section 03100 section 03200 section 03300 section 03420 section 03520 Concrete Testing and control Concrete Formwork Concrete Reinforcement cast-in-place Concrete Precast-prestressed Concrete Lightweight Concrete Roof Insulation DIVISION 04 - MASONRY Section 04340 Reinforced Unit Masonry system section 05411 Section 05450 Section 05500 section 05515 section 05520 DIVISION 05 - METALS Light Gauge Steel Framing and Prefabricated steel Roof Trusses Light Gauge Metal Framing Metal Fabrications Ladders Handrails and Railings 12/16/93 00001 - 2 TABLE OF CONTENTS BIG COPPITT FIRE FACILITY - ADDENDUM #1 section 06100 section 06200 Section 07190 section 07210 section 07610 Section 07535 Section 07620 Sec:=tion 07920 section 08110 Section 08210 Section 08300 section 08330 Section 08410 section 08520 section 08710 section 08810 Sec:tion 09205 Section 09220 Section 09260 section 09310 Section 09510 Section 09650 section 09680 Section 09900 Section 10200 section 10352 Section 10430 Section 10505 Section 10522 section 10700 Section 10810 Section 11450 Section 11630 DIVISION 06 - WOOD Rough Carpentry Cabinetry DIVISION 07 - MOISTURE PROTECTION Vapor Retarder Building Insulation and Firestopping Preformed Metal Roofing Modified Asphalt Built-up Roofing Copper Flashings and Trim Sealants and Caulking DIVISION 08 - DOORS AND WINDOWS Metal Doors and Frames Flush Wood Doors Special Doors Overhead Coiling Grille Aluminum Assemblies Aluminum Windows Door Hardware Glass and Glazing DIVISION 09 - FINISHES Furring and Lathing stucco and Cement Plaster Gypsum Wallboard Systems Ceramic Tile Acoustical Panel Systems Resilient Flooring Carpet Painting DIVISION 10 - SPECIALTIES Louvers and Vents Flagpoles Exterior Signage Metal Lockers Fire Extinguisher and Cabinets Storm Shutters and Panel Toilet Accessories DIVISION 11 - EQUIPMENT Residential Equipment Laundry Equipment 10/08/93 00001 - 3 TABLE OF CONTENTS BIG COPPITT FIRE FACILITY section 15000 section 15110 section 15290 section 15410 section 15430 section 15440 section 15450 section 15510 section 15671 Section 15855 section 15870 Section 15890 section 15910 section 15936 Section 15991 section 16010 section 16111 section 16123 Section 16130 Section 16141 Section 16180 section 16190 Section 16195 Section 16440 section 16450 section 16470 section 16495 Section 16510 Section 16530 Section 16622 Section 16670 Section 16722 Section 16741 DIVISION 15 - MECHANICAL Basic Mechanical Requirements Mechanical Identification Ductwork Insulation Plumbing Piping Plumbing specialties Plumbing Fixtures Plumbing Equipment Compressed Air piping & Fuel Oil Air Cooled Condensing Unit Air Handling unit with Coils Power Ventilator Ductwork Ductwork Accessories Air Outlets and Inlets Testing, Adjusting and Balancing (TAB) of Heating, ventilating & Air Conditioning (HVAC) systems DIVISION 16 - ELECTRICAL General Electrical Provisions Conduit Building wire and Cable Boxes wiring Devices Equipment Wiring systems supporting Devices Electrical Identification Disconnect Switches Secondary Grounding Panelboards Transfer Switch Interior Luminaires site Lighting Packaged Engine Generator systems Lighting Protection Intrusion Detection and Security Access system Telephone Raceway system 10/08/93 TABLE OF CONTENTS 00001 - 4 BIG COPPITT FIRE FACILITY ,. Drawing. H2.s.. ~ame CE-1 Grading & Drainage Plan CE-2 paving Plan CE-3 Water-Sewer Plan A1 site Plan A2 Floor Plan A3 Roof Plan A4 Elevations A5 Elevations A6 Building sections A7 Building sections A8 Wall Sections A9 Wall sections A10 Wall sections All Details A12 Details A13 Details A14 Details A15 Reflected Ceiling Plan A16 Interior Elevations A17 Room Finish Schedule, Door Schedule, Window Schedule L1 Landscape Plan L2 Landscape Details E1 Electrical site Plan E2 Electrical Plan B3 Lighting Plan E4 Electrical Details, Legends & Notes A/C-1 Mechanical Plan A/C-2 Mechanical Plan P-1 Site Plan P-2 Plumbing Plan P-3 Plumbing Plan S-l Foundation Plan S-2 Roof Plan S-3 Typical Details and Notes S-4 Building sections Date REV 3, 11/08/93 R. .~!Y.':@~:.J::,,<:~'+'.!',. ~~:.,:. :~I)~: . .. :R(~iiiMg:I.:: ;:Y1'.i:: 31;-' : . "iv. ..~f:r"<' "..._w:..:<<,,>>..~ ;tll~ll'ldl 10/14/93 10/14/93 10/14/93 10/14/93 10/14/93 10/14/93 10/14/93 10 14 93 ~Btiz:11 10/14/93 09/21/93 ~1I1 12/16/93 00001 - 5 TABLE OF CONTENTS BIG COPPITT FIRE FACILITY - ADDENDUM #1 SECTION 00300 SCOPE OF WORK BIG COPPITT FIRE FACILITY 1.1 GENERAL SCOPE Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawings and detailed in the Technical Specifications included in this Bid Package. 1.2 Special provisions The: following Special provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Bid Package. .1 All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to the Construction Manager. .2 Provide, replace, and maintain any safety rails and barricades as necessary during the process of work, or during deliveries of materials or equipment. .3 Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. .4 Contractor shall perform all required testing and provide adequate personnel in order to complete all testing to the requirements of governing agencies. .5 All incoming materials and equipment shall be coordinated with and the CM, in order that proper laydown. staginq and stocking areas are developed, prior to release for shipping. within the building, areas shall be restricted and stocking areas will be authorized in writing. .6 If in the event of conflicting, or overlapping requirements in any area of the bidding documents, technical specifications, or drawings, the most 10/08/93 SCOPE OF WORK BIG COPPITT FIRE FACILITY 00300-1 stringent condition shall be bid and constructed. Notify the CM in any event, in order to not compromise the Owner's right to make appropriate decisions. .7 contractor shall maintain As-Built Drawings, (Record Drawings per Section 01720), of his work progression. .8 This Contractor shall not store materials inside the building. Contractor shall provide suitable storage container, and be responsible for disposal off-site of all debris and trash. .9 The Bid Proposal Form includes a estimated quantity of concrete auger cast piles. The contractor is to state the unit price which is to be multiplied by the estimated quantity and included in the Total Base Bid. This unit price will be used for payment of actual quantities of concrete auger cast piles measured and installed in accordance with the specifications. The unit price stated in the Bid Proposal Form will be applied to actual quantities installed for variations int he Bid Estimated Quantity up to 50% less than or greater than the stated Bid Estimate. For quantity variations greater than 50%, either party to the contract may demand a change in the unit price based on actual costs. The following is provided only to outline the parameters of the work, it is the obligation of the Contractor to confirm all dimensions and quantities. contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the contract documents and all incidental work necessary to complete the project in an acceptable manner. 10/08/93 SCOPE OF WORK BIG COPPITT FIRE FACILITY 00300-2 SBCTIO. 00350 MILBSTONB SCHBDULB This section contains the project milestone schedule. The contractor is required to determine his proposed schedule to meet these m,ilestone dates. The Contractor is to note the following special items. a. Bid Due Date . . . . . . 01/05/94 b. Award Date (Anticipated) Notice to Proceed (Anticipated) . . . . . . 01/20/94 01/28/94 c. . . . . . d. Building Permit from D.C.A. authorizing start of construction at jobsite (anticipated). . . .03/01/94 e. Substantial completion Date . . . . . . . .. 12/05/94 ********************** END OF SECTION 00350 12/21/93 MILESTONE SCHEDULE BIG COPPITT FIRE FACILITY - ADDENDUM #2 00350 - 1 Addendum No. 1 December 16, 1993 Big Coppitt Fire Facility NE Project No. 90617 Upon receipt of this addendum, please execute the attached "ADDENDUM ACKNOW'LEDGEMENT" form and send by facsimile or mail to Morrison- Knudsen/Gerrits. The information contained in this addendum modifies, supplements or replaces information contained in the previously issued Bid Package and is hereby made a part of the contract documents. Bidding Documents 1. Section 0001, Table of Contents - The title of Section 02370 has been revised to Auger Cast Piles, therefore page 2 should be replaced with the attached. Also, replace page 5, item 6. Drawings with the attached list of drawings. Technical Specifications 1. Section 02370 - Delete paragraphs (1.1) C.5 and C.6 from the contract documents. Also, delete paragraphs 1.1(H)3 and 1.1(H)4 in their entirety and replace with Paragraph "1.1(H)3 A single unit price per lineal foot is to be provided for all excavation, grouting, reinforcing steel and casings for complete piles measured from tip to cut-off elevation." 2. Section 03050 - Paragraph 3.1 A Concrete Mix Design - Delete all references to laboratory and testing laboratory and replace with Contractor, ie Concrete Supplier. The Contractor, ie Concrete Supplier, is responsible for this procedure. 3. Section 07535 - Paragraph l.3.H. 4 & 5 - References to copper flashings are to be replaced with aluminum flashings. 4. Section 07620 - Paragraph 1.2.A.2 - Add after the word "aluminum": "Finish epoxy coated, .25" type ST stucco." Paragraph 1.2.c.1.b - Delete "Isolate from aluminum scupper sleeve". 5. Section 16622 - This specification was inadvertently included in the technical specifications twice. The correct version specifies a 100 kw emergency generator system capacity and is found out of order prior to Specification Section 16530. The version of 16622 found after Specification Section 16530 which specifies a 50 kw emergency generator systems capacity is incorrect and is to be deleted. Drawings 1. Plan view of water service detail, Drawing CE-3, now indicates 2" line. 2. Drawing A2 now includes fire extinguisher cabinet locations, steel workbench specifications, storage shelving specifications, and the roof drain overflow/leader revision. 12/16/93 BIG COPPITT FIRE FACILITY ADDENDUM #1 Page - 1 3. Detail 1, A12 now indicates both roof drain and overflow drain lines as a single leader as shown on drawings A2 and P2. All 2 piece cont. epoxy coated aluminum flashing noted in A12 details is to have painted factory finish. 4. Drawing A17 includes schedule revision. 5. Drawing L1 has had sod deleted from the north side of buildings and driveways. 6. Detail C, Drawing S-l now indicates the top of retaining wall footing at 1'-4" below designed grade elevation. 7. Drawing S-4 revises the top of grade beam elevations and connections at the north building corners. 8. U nderground CATV and telephone service connection from utility pole to building backboard location is to be provided as indicated on Sheets E1 and E2. Service entrance for electrical shall run on north side of firewell. 9. Drawing E-2 revises certain conduit, wiring and devices. 10. The ceiling fanllight is now specified on Drawing E-3. 11. Drawing NC-1 now specifies the range hood with associated ducting to exterior and the water heater flue to exterior. 12. Drawing P2: Provide four portable hose reel models with eight quick connection locations in apparatus bay. Dishwasher is shown on the plumbing plan and riser to be connected to the garbage disposer with hose. 13. Drawing P3: Entire LP tank and piping system to be provided, installed and permitted by contractors. Tanks to be filled by contractor. 12/16/93 BIG COPPITT FIRE FACILITY ADDENDUM #1 Page - 2 Addendum No. 2 December 21, 1993 Big Coppitt Fire Facility NE Project No. 90617 Upon receipt of this addendum, please execute the attached "ADDENDUM ACKNOWLEDGEMENT" form and send by facsimile or mail to Morrison- Knudsen/Gerrits. The information contained in this addendum modifies, supplements or replaces information contained in the previously issued Bid Documents and is hereby made a part of the contract documents. Bidding Documents 1. Section 00110, Instructions to Bidders: The Bid Bond form, AlA Document A310, was inadvertently left out of the Bidding Documents. Replace page 00110 - 8 with the attached. 2. Section 00350, Milestone Schedule: The Milestone Schedule has been revised. Replace page 00350 - 1 with the attached. Technical Specifications 1. Delete Specification Section 10505, Metal Lockers. Refer to Specification Section 06200, Cabinetry, for wood locker specification. 12/21/93 BIG COPPITT FIRE FACILITY ADDENDUM #2 Page - 1 Addendum No. 3 December 28, 1993 Big Coppitt Fire Facility NE Project No. 90617 Upon receipt of this addendum, please execute the attached "ADDENDUM ACKNOWLEDGEMENT" form and send by facsimile or mail to Morrison- Knudsen/Gerrits. The information contained in this addendum modifies, supplements or replaces information contained in the previously issued Bid Documents and is hereby made a part of the contract documents. Technical Specifications 1. Specification Section 00220, Geotechnical Data, Item C. Revise date to July 13, 1993 and incorporate Test Boring Record for B-6 as attached. 2. Specification Section 00300, Scope of Work, delete the entire last paragraph. 3. Specification Section 02370, Auger Cast Piles, paragraph 1.1.A.3, delete the entire paragraph and substitute with the following: "Testing Services: Owner will employ geotechnical engineering and testing laboratory services to determine pile depths and conformance with the specifications." Drawings 1. Drawing S-I, at column K/4.5, revise concrete column mark from C-3 to C-5. 2. Drawing S-3, Note 2, Foundation, delete entire first paragraph, and in paragraph 4 delete the last two sentences. 3. Drawing A-17, Door Schedule, make the following revisions to doors: Mark #3 Width = 3'.0" Height = 6'-8" Mark #4 Height = 6'-8" Mark #22 Height = 6'-8" 4. Drawing CE-2, Typical Parking Stall detail - delete" 6" X 18" Type "D" curb at landscape island (TYP)". No curbing is required. 12/28/93 BIG COPPITT FIRE FACILITY ADDENDUM #3 Page - 1 5. Drawing A-I - Extend 5' sidewalk at Visitor Parking to end of last parking stall. 6. Drawing L-2, Detail 8, Temporary barriers are to be located as shown on Drawing L-l by solid lines around Canal and at the Northeast corner of the site. 7. Drawing L-l, Size of Zamia Floridiana is to be 1'-6". 8. Drawing A-12, Sections 8 and 9 are to supersede the elevations on Drawing A-16. END OF ADDENDUM #3 12/28/93 BIG COPPITT FIRE FACILITY ADDENDUM #3 Page - 2 I. A.J . I.~ '-" . .. ~ '"'- J..... ".f"~ _," !Nt:lNF.lU' LA.'" .'''II\'F.I'I STATION SKETCH DATl1'l: BORINQ A, D S~~PLING MEETS ASTM D-1586 CORE DRILLING MEETS ASTM 0-2113 U '-J '-"'.. . ... ... .........., -...... - ~ I . nrw.tI'jlt",.. _.mt'.tAtm . ".tt,l<<: SF.."'( ING RECORD BORING NO: -6 JOB NO.:91-042-6 BORING BEGUN: BORING COMPLETE: DRILLER: ENGINEER: IS THE NVMBER F BLOWS OF 30 IN. REQUIRE TO DRIVE 1.4 IN. PENETRATION RESISTANCE :140 La. HAMMER FALLING :I.D. ~~PLER 1 FT. L l1 Loose LROC~ l Limerock M ':::! Medium M\H = Medium - Hard STF = Sand Tan Fine OF ---L , I I aLOWS,," 21.501 i15,28 50-3" , I I 1 22,25 31 !! II ,I I 12.. . 27 I, . I , I , i II ~ I 126.29! : I ;I t ji I 28,25[ ~ i I I I I , I ! Ex'\.en.ded, Pag. I , Ii SECTION 00110 BID PROPOS~L The Bid proposal shall be submitted on the forms included in this section of the Bidding Documents as previously instructed herein. 5. Description Pages proposal Form 2 - 3 sworn statement on Public Entity crimes 4 - 5 Non-Collusion Affidavit 6 Lobbying and conflict of Interest Clause 7 Bid Bond 8 Item 1. 2. 3. 4 . 10/08/93 BID PROPOSAL 00110 - 1 BIG COPPITT FIRE FACILITY SECTION 00110 PROPOSAL FORK BID TO: KONROB COUNTY BOARD OF COUNTY COMMISSIONERS 0/0 PURCHASING DEPARTKENT PUBLIC SERVICE BUILDING, ROOK 002 5100 COLLEGB ROAD, STOCK ISLAND KEY WEST, FLORIDA 33040 BID FROK: D.L. PORTER CCltSTRUCTUII. IIC. 1100 Gillespie Avenue Sarasota. FL 34236 The undersigned, having carefully examined the Work and reference Drawings, specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: BIG COPPITT FIRE FACILITY and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, state, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perfora and complete said Work and work incidental hereto, in a workman- like manner, in conformance with said Drawings, Specifications, and other Contract Documents including' Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he underst.ands the conditions under which the Work is to be performed. The successful bidder shall assume the risk of any and all. costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. 10108/93 BID PROPOSAL BIG COPPITT FIRE FACILITY 00110 - 2 " 1. Auger Grout Injecte~,Pjl~ - Estimated Quantity 900 lineal feet X ~~ / If = $ I bJ~ono , 2. Contr,act work not included in Item 1. $--1,~A.". gOO $ I,()lf_':?,()('JO 3, Total Base Bid (Item 11 + Item '2) ONe ~(~~~l~ase~ Jh..,,~~ . dollars. I acknowledge receipt of Addenda No.(s) 1-2-3 I have included pages 1 thro~9h 8 of the Bid Proposal which entails the Proposal Form~, the required Bid security~, the Lobbying and Conflict of I~terest Clause~, the Sworn statemeijt of Public Entity crimes~, and the Non-Collusion Affidavit~. (Check mark items aboveM as a re.in~~~~.t they are included.) Mailing Ad.dress: o.L. PORTER CCIISTllJCTICII. IIC. 1100 G111e$P1e Avenue Sarasota. FL 34236 Phone Number: 813-365-1522 Date: 1/5/94 Signed: e_~J\ c. Marshall White. VP (Naae) Vice President (Title) witness: f)~~~>0'~ eal) 10/08/93 BID PROPOSAL DTr ~nOPTTT ~TO~ ~~rTT.TTV 00110 - 3 U . L. t'Ur. I U. Lun.:. I . M--K/GERRI TS I~L:1-01~-~~~-1~U~ ID:~OS-292-9697 LJ t.: L .: .. ~1,' ut..L a' ':I~ _' . ....' _I I ~~, . .....' \,.! ..... I -.......... ~:v, KD.VV~ r.u~ THE AMERICAN lNSTlTl1TE OF ARCHmcrs . AlA DcK_.....aNfO Bid Bond YJ<<Ni AU. MEN IV TH6E PRESeNTs, 1hIItWf. D.L. PORTER CONSTRUCTION. IRC.. 1100 GILLESPIE .!Vtrrrt:~;ft."mJ& . P_...... t.eIneIMr ailed .... ,,....., and FIDELITY & DEPOSIT COMPARY OF MARYLAHD. ORE RORTB'j)ili"MlB~~~t&P--r: FL a anporatlun ~ CIIt*tlInd.... ... \aw5 0( ... .... ., MAR.YLAHD . Surety. ,,-,..,., caW ~ sw.tr. aR .... .. "'MIy bound ... . ..... ..... .. _ ........ . ..,.. ., II o..e BOARD OF COUHTt cmtMISSIOIIERS OF J<<)HROK COURTY 5100 COLI..F.GK D.. KEY VEST. FL at Ob~, hcrtNfter caW "" 011I.... ~ <<hilUM of. 5% OF BID DoIM 0 5% OF BID). b lIhI ~ of whIdt IUM ... ... ...... 10 ... ..... k ~ P1IftdpII .... ... ..... Sur.." ..... a......, 0If....... -..IOrIo ....~ lUte..... ..... .......,..,.." MIl.....,. flrmJt.... ...... ......'" WHlklAS, ..., hkdpel hn ......... . bid far BIG CAPPI'lT FIRE FACILITY ...... ...... .. - ..............,....... MO.o l1tcattOIl. . 1M GWIMt .... ~ ... .. ............. tJI4.. ,.., WI ...,. __. c.n...a .......:'t:....,..1Ifli lilt ....fI ..... W. "'" ~... '-' .......... ........,,. tie = w ~ , 11 ... ..... .... ........ ...., .. ... ....... "....... " Mdt ~ ~ ~ at....... ...........W .. ... 111. ...... tr" =.......... ~~..... ;"~~~.~ifi==5:.a~~,f__..\Eir==:a .. ..... -.... . ...... ... ... ~ 5TH ., fIf JAHUARY 19 94 D.L. Porter Construction. Inc. AJ~~~~~~~treSI':; '. ~/ // / ~ , 'FIDELITY & DEPOSIT COMPAIIY OF MAR.YLAHD ~:/~~ -'/2" 6 W /;//P -- / . ~a.-.vt ~ ~ . / I WARDA A. MCKAY - ArlODKY-lB-F CT ItIA ~ ""'. _ toHO. AM ',...,.""IP." IIIIfl.,.,. ef ~ VII fl.\'. A-. .....,,, WQtIICIOfl.. .. 1 10709/i3 BJD PROpOSAL DIG COWITT ,"xu PAOurn 00110 - . . , Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HONE OFFICE. BAL TlMORE. MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. a corporation of the State of Maryland. by C. M. PECOT. JR.. Vice-President. and C. W. ROBBINS. Assistant Secretary. in pursuance of authority granted by Anicle VI. Section 2. of the By-Laws of said Company. which are set fom on the reverse side hereof and are hereby cenified to be in full force and effect on the date hereof. does hereby nominate. constitute and appoint J. Raymond Bouchard. Richard E. Bouchard. Michael D. Hamby. Wanda A. McKay. Delores B. Moore and Tim A. Bouchard. all of Clearwater Florida. EACH.......................................... .., · I rue a w agen orney-m- act. 0 e. execute. sea elver. or. Its as surety. an as Its act and deed: any and all bonds and undertakings........ ~...... ~........................ And the execution of such bonds or undert.alc.ings in pursuanc 1 be as binding upon said Company. as fully and amply. to all intents and purposes. as if they had been duly e ged by the regularly elected officers of the Company at its office in Baltimore. Md.. in their own proper pe is po f attorney revokes that issued on behalf of Roger O. Bouchard, etal, . Au ~ 6. 1988. TIle said Assistant Secretary does hereby ce~n'fy tract set~ the reverse side hereof is a true copy of Anicle VI. Section 2. of the By-Laws of said Company. and is now . . ~~ IN WITNESS WHEREOF. !he said Vice-Pres' Assi retary have hereunto subscribed their names and affixed the Corpop:tb Seal of the said FIDELITY AND D COMPA~ C MARYLAND. this ?Sth________.__..______dayof __e ruae . A.~~~3_ · DE~MPANY OF MARYLAND ~~ A. TIEST SEAL ...::~ By ~ Vlet- swill \ STAn: OF MAaVLAND ~ ~ COON'n' OF BAL11MORE ~ S5: ~ On thiL.1..?tl1__day ofJW.l.\.ary ~ A.D. 19.2..1.. before the subscriber. a Notary Public of the State of Maryland. duly commissioned and qualified. came C. M. PECOT. JR.. Vice-President and C. W. ROBBINS. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. to me personally known to be the individuals and officers described in and who executed the preceding instrument. and they l:8ch acknowledged the execution of the same. and being by me duly sworn. severally and each for himself deposeth and saith. that they are the said officers of the Company aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company. and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal the day and year first above wrinen. l3~~ ------F7~r... ~~~-----.---.---- ~ I'I&JC :t" CAROL J. FAD R NOIDT)' Public ~~. . My Commission Expires__._6_l!g\t~J..J..m____ CERTIFICATE I. the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do hereby cenify that the original Power of Anorney of which the foregoing is a full. true and correct copy. is in full force and effect on the date of this cenificate: and I do funher cenify that the Vice-President who executed the said Power of Anorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Anicle VI. Section 2. of the By.Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Cenificate m~IY be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July. 1969. RESOLVED: "1bat the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company. whether made heretofore or hereafter. wherever appearing upon a cenified copy of any power of anorney issued by the Company. shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF. I have hereunt4 subscribed my name and affixed the corporate seal of the said Company. this --~~--- day oL~~~!._n---_._----' 19_~... Ll4~k -031-4128 --.-......u.-.u~~;.s;;;;;.;~..... F&D 988 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND .. Article VI. ~:tion 2. 11lc Chairman of the Board, or the president. or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice..Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power. b)' and with the concurrence of the Secretary or an)' one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require. or to authorize any person or persons to execute on behalf of the Company any bonds. undertakings, recognizances. stipulations. policies. contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages. . . . and to affix the seal of the Company thereto. .. ll~~llb LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE . D. L. PORTER COCSTRUCTI (It. I Ne. . (Coapany) M .... warrants that he/It has not etlf)loyed, retained or otherwise had act on his/Its behalf any for_r COU'lty officer c)r eaployee In vlolat'on of Section 2 of Ordinance No. 010-1990 or any COU'lty offtcer or ""loyee In vlollation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the COU'lty NY, In 'its discretion, te~inate this contract without liability and may also, in its discretion deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission: percentage, glflt, or consideration paid to the forllltr County officer or employeeM. c ~-~k- (Signature) Date: Janaury 5. 1994 STATE 01 FLORIDA SARASOTA COUIITT Of SubscribeQ. anc;1_sworn to (or affi..-d) before lilt on by (;. ~rshall White or has produced of identification) January 5. 1994 (date) (name of aff.ant). He/She is cersonallv known to lilt IS identification. (type ~~.~~A0 NOTARY It DEr.ORAH M. PORTER .otaty Pllbllc, Stilt of Florida My oo",m. expIre. Aug. t. 1995 Comm. No. eel"'OI "CP " hv 2/9.~ 10/08/93 BID PROPOSAL 00110 - 7 ___~T~~ ~Tnr ~~rTTT~V section 00110 Non-Collusion ~ftidavit I, C. .Marshall White of tile city of Sarasota. Fl according to law on It'f oath, and I.I'lder penalty of perjury, depose and say tllat; 1.) 1M Vice President of tile fir. of D.l. Porter Construction.. Inc. tile bidder .aking tile Proposal for tile project described in tile notice for calling for bids for: Big Coppitt Fire Facility and tllat I executed tll. said proposll witll full lutllorlty to do so; 4!. ) the prices In thl. bid have been arrived at I~tl, vithout collualon, conaul tat ion, cOllllU\Icltlon or alr.~t for the purposa of restricting cOlpttltion, a. to In( ..Uer relltlng to such process with In( othar bidder or vlth any c~thor; ll. ) , W\less otherwise required by lav, the prices which have been quoted In thls bid have not been knowingly disc.losed by the bidder and vill not knowingly be disclosed by the bidder and will not be knowingly disclosed by tha bidder prIor to bid openIng, directly or Indirectly, to In( other bIdder or to any cCIIlIpetitor; and ,~. ) no It t~t has been IIIdt or vi II be IlIde by the bidder to induc. 11ft oth.r person, plttnership or corporation to slblit, or not to ~It, a bid for tile purpose of r.strlcting cOlpttitlon; '~.) the stat.-ents contained In thl. affidavit ar. true end correct, and -.de vlth full knowledge that Monroe COW't, r.II.s upon the truth of the stlt~s contained in this affIdavit In avardi"" contrKtI for s.Id project. . (' . \.cn-c-:>t- (SI,ntturt of liclder) 1/5/94 (o.tt) CWIlTY Of: flORIDA SARASOTA STATE Of: PERSONALLY APPEAlED IHOltE ICE, the I.I'ldersi,ned authority, C. Marshan White who after first belne sworn by _, (nMt of indlvi~1 slgnine) afflaed his/h.r sllNt". in the spac. provided lbove on this 5th day of January , 19..H-. W--A~'~ II ART PUll! C My commission expires: DElORAH .. PORnR 'oLVy Public. SIIII tf florida My OO/lllll. up"" AuI. .. 1195 COllIm. It. CC1 1S1 01 10/08/93 BID PROPOSAL BIG COPPITT FIRE FACILITY 00110 - 6 . SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES tillS fORM MJSt If SICIlED AIID SWIlII to III tIlE ,..ESEIlC( Of A IIOtAlT P\lIlIC OR 0111U OffiCiAl AUtllORlZED to ADMINiStER ~tll$. 1. this sworn sut~nt Is s\.tRined to Monroe County Board of County ec-issloners (print ~ of the public entity) by c. Marshall White (print Individual" name and title) fOlr D.L. Porter Construction. Inc. (print name of entity subMitting sworn stltement) whose buSiness address I. 1100 Gillespie Avenue Sarasota. Fl 34236 and (If appllClble) Its federal E~loyer Identification Number (fEIII) (If the entity has no fElli, Include the Social Security NUMber of the It a t tIIef'It : Is 59-1182MO Individual .11f'l1". thl. sworn . ) . 2. I understand th.t . -public entity crl..- as defined In Paragraph 217.133(1)(,). 'lorlde St.tut.., lIltans . viol at Ion of at't'/ .t.te or federal I'" br a penon with respect to and directly r.latld to the transaction of business wUh at't'/ public entity or with an qency or polhlcal t\Aldlvlslon of any other stlte or of the United State., Including, but not II_1t1d to. any bid or contract for goods or lervlces to be provided to any pbtlc ent ity or an .gency or pol it leal s\bclivhlon of any other It.te or of the United St.t.. and InYOlvlng antitrust, fraud, theft, bribery. collUllon, rlcketeering, conspiracy, or ..terl.l .Isrepresent.tlon. S. I underltand that -convicted" or -conviction- II defined In Paragr.ph 287.1n(1)(b). !.!.2!.!sII It.tutll, lilt.... . nndl,. of ",nt or , conviction of , pj)lIc entity crt-. ,,10 . without an adjudication of ",nt, In IJ'tt feclt"l or ,t.te trl.l court of record relatl.. to cUr... brouet\t by IndlctMnt or Infor.atlon ,ft., July \. \"', as , rHul t of . Jury verdict. nonJury trl.l. or entry of . pie. of ",Ilt)' or nolo contendere.. ~~... -~~. - ._ -.~~ 4. I Irdtntand that an -,fflll.te- al defined In '.rqraph 217.\)3(1)(a), florlcla Statutes. lIltlN: 1. . A predecessor or SUCCeslor of . person convicted of a pj)l Ie ent Ity crl_: er . .,.. . 2. An entity under the control of any natur.1 person who fa active In the ....... .t of the entity and who hIS been convicted of I public entity crlM. The te,. -.ffnl.t" IncludeS thol. officerl, directors. .xecutlves, partners, shareholder., .-ployee., ~r'. and qentl who .re ICtiVl in the Nnlee-nt of an .ffillate. lhe ownership by one person of har.. constituting · controlling Interest In another person, or pooling of equlplllf\t or Inc... ..... per.ons when not for f.lr .r....t v.1Ul Y'lder an ,,.', length .greeMf\t, sh.ll be . pri.. facll ca.e that one penon control, another person. A person who knowingly enters Into. joint voanturl "lth · penon who h.. been convicted of . pj)lIc entity crlM In Florldl Ul,. the preceding 36 lIlOnthl sII.1t be cons Idtred an Iff II late. 5. I \rIderstand th.t . -person- .1 defined In hnllraph 217.133(1)(e), Floridl Stltut... lIltllll any natur.l person or entity orpnhed ~r the lawl of any stlte or of the ~itld Stites IIlth the lell.l pawlr to enter Into a binding contract and which bids or appl ill to bid on contracts for the provision of goods or aervlctl ltt by . public entity, or which otherlllse trllllactt or applies to transact business with a pbllc entity. The t.,. -person" InchlCtes those officers, director., ueeutives, partners, sIIareholdtrs, ~loyeel, IIItIbtr., .nd .tents who Ire active in MNgelllent of .n entity. 6. 'ISed on infor.tion and belief, the st.tement which I hive ..rktd below is true in relation to the entity subaitting this sworn stltement. (Indiclte which st.tement Ipplies.) ~ Neither the entity s~itting this sworn st.te.ent, nor any of its officers, directors, executives, partners, sh.reholdtrs, employees, ~rs, or Igents who Ire active in the management of the entity, nor any affllilte of the entity has been chlrgtd IIlth and convicted of a ~blic entity crime subsequent to July " 1989. 10/08/93 BID PROPOSAL BIG COPPITT FIRE FACILITY 00110 - 4 V' V .-.- The entity submitting this sworn statement, or one or eore of Its officers, dlrt<tors, e~ecutlv.s, partners, shareholders, e.pl oyee. , ~rs, or 1gents who .re Ictlve In the ~nagement of the entity. nor an .fflllate of the entity ha. been charged with and convicted of I public entity crl.. .ubsequent to July 1. 1989. _______ the entity subMitting this .worn stat.-ent. or one or .ore of Its offlctrs. director., eucutlvet, partners, shlreholders, ~'oyMS. I8e11ben. or atent. who are eetlve in the ~nagement of the entity. or an .fflllate of the entity ha. been charged with and convicted of · pbtlc entity crhne subs~t to July 1. 1989. IOwtver, there h.s been. slbsequent proceeding before. Huring Officer of the Stlte of Horlde, Division of AdIlllnl.tratlve Helrlngs and the Final Order entered by the Hearing Officer deter.IOId that it w.s not In the public Interest to plac. the entity .\blIitti"ll this sworn statetnent on the convicted vendor list. (.ttach I copy of the final order) I UNDERSTAND THAT THE SU8MISSION OF THIS FORM 10 THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED II PARAGRAPH 1 (ONU ABOVE IS FOR THAT PUllIC ENTITY ONLY AIIO. TIlAT THIS FORM IS VALID THlOOGII DECEMBER ]1 OF THE CALEIIOAR YEAR IN WICK IT IS FilED. I ALSO UllDERSTAIIO TIlAT I AM REOUIRED TO INFORM TIlE PUllIC EITITY PRIOR TO ENTERING IN10 A CONTRACT II EXCESS Of TIE IMRESHOlD AMOUNT PROVIDED II SECTION 217.017, FlORIOA ITA1UTES FOR CATEGORY TWO Of ANY CIWIGE IN 1. INFORMATION CONTAlltED II TIII$ FORM. c..\ (~D=nL Jl1 c.lpture) Sworn to .nd subscribed before lilt this 5th dey of Personally known X OR produced Identification January , 19 94 . lotary Public' st.te of FLORIM (lype of ldentlflcltlon) My eo.lsslon tapir" M ~,~Y/). 'h-~ CPrlnted. typed stllllptd co....loned .- of .otary DEIOHAH .. PORTER ..1IIy MI", ..... .. FIor1da My oomm..... ... .. lltS CO:Dm. No. CCl SSl 01 For. PUR 7068(Rev. 06/11/92) 10/08/93 BID PROPOSAL 00110 - 5 ----.~~ ~Tnr r~~TTT~V THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A201/CM CONSTRUCTION MANAGEMENT EDITION General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSfQUENCfS; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. 1980 EDITION TABLE OF ARTICLES 1. CONTRACT DOCUMENTS 2. ADMINISTRATION OF THE CONTRACT 3. OWNER 4. CONTRACTOR 5. SUBCONTRACTORS 6. WORK BY OWNER OR BY SEPARATE CONTRACTORS 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE 12. CHANGES IN THE WORK 13. UNCOVERING AND CORRECTION OF WORK 7. MISCelLANEOUS PROVISIONS 14. TERMINATION OF THE CONTRACT r.m CAUTION: You should use an original AlA document which has thl. caution printed In red. I6Y6I An original assures that changes will not be obscured as may occur when documents are reproduced. Copyright 1975, C> 1911O, by The Americon Institute of Architects, 1735 New York Avenue, N.W., Washington. D.C. 20006. Reproduction of the malerial herein or substantial quotation of its provisions without wrillen permission of the AlA violates the copyright laws of the U:liled Stales and will be subject to legal prosecution. AlA DOCUMENT AlGI/CM . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AlA. . Cl1980 . '!liE M4ERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK ,WE., N.W.. WASHINGTON, D.C. 20006 A201/CM-1980 1 WARNING: Unlk:eneed photocopying violates Us. copyright '- 8nd Ie subfect to legal proeeeutIon. 10/08/93 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00750 - 1 Acceptance 01 Defective 01 Non.Conforming Work. .6.2.2, 13.3 Acceptance of Work. ............ . ....9.5.5, 9.8.1, 9.9.1, 9.9.3 Access to Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.3.6, 6.2.1 Accident Prevention " . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.3.5, 10 Acts and Omissions............. .4.18.3, 7.4, 7.6.2, 8.3.1, 10.5 Addenda, Definition of .............................. .1.1.1 Additional Costs, Claims for .......................... .12.3 ADMINISTRATION OF THE CONTRACT............. .2,4.33 Agreement, Extent of .............................. .1.1, 1.2 All Risk Insurance. . ... . . .. . ...... .............. ... ..11.3.1 Allowances .......................................... .4.8 Applications for Payment, Contractor's...... .2.3.8, 9.2.1,9.3.1, 9.3.3.,9.5.3,9.7.1,9.8.2,9.9.1,9.9.3,9.9.5, 11.3.1, 14.2.2 . Applications for Payment, Project................ .2.3.8,2.3.9,9.3.1,9.4,9.6.1,9.7.1 Approvals..................... .2.3.18,3.4,4.3.3,4.5,4.12.4, 4.12.5,4.12.6,4.12.8,4.13.2,7.7,9.3.2 Arbitration....... .2.3.15, 2.3.23, 6.2.5, 7.9,8.3.1, 11.3.7, 11.3.8 Architect, Definition of ................................ .2.1 Architect, Extent of Authority....... .2.3,3.4,4.12.8,5.2,7.7.2, 8.1.3,8.1.4,8.3.1,9.2,9.3.1,9.4,9.5.3,9.6,9.8, 9.9.1, 9.9.3, 12.1.1,12.1.4,12.3.1,12.4.1,13.1,13.2.1, 13.2.5, 14.2 Architect, limitations of Authority and Responsibility .....2.3.2 through 2.3.5, 2.3.13 through 2.3.18, 2.3.22, 4.12.6, 5.2.1,9.4.2,9.5.4, 9.5.5, 12.4 Architect's Additional Services.. .3.4,7.7.2,13.2.1,13.2.5,14.2.2 Architect's Approvals..... .2.3.18,3.4,4.5,4.12.6,4.12.8, 4.1$.3 Architect's Authority to Reject Work... .2.3.16,4.5,11.1.2,13.2 Architect's Copyright. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1.3 Architect's Decisions. . . . . . . . . . . . . .2.3.10 through 2.3.16, 7.7.2, 7.9.1,9.2,9.4,9.6.2,9.8.1,12.1.4,12.3.1 Architect's Inspections........ .2.3.16, 2.3.21,9.4.2,9.8.1,9.9.1 Architect's Instructions......... .2.3.16,2.3.19, 7.7.2, 12.4,13.~ Architect's Interpretations........ .2.3.10 through 2.3.13, 12.3.2 Architect's On.5ite Observations...... .2.3.4,2.3.6,2.3.9,7.7.1, 7.7.4,9.4.2, 9.6.1, 9.9.1 Architect's Relationship with Contractor..... .1.1.2, 2.3.5, 2.3.6, 2.3.13,2.3.16,4.3.3,4.5,4.7.3,4.12.6,4.18,11.3.6 Architect's Relationship with Subcontractors........ ......... .1.1.2,2.3.16,9.5.3,9.5.4 Architect's Representations................ .9.4.2,9.6.1, 9.9.1 Artistic Effect...................... .1.2.3, 2.3.14, 2.3.15, 7.9.1 Attorneys' Fees .... . . . . . . . . . . . . . . . , . .. ... .4.18.1, 6.2.5, 9.9.2 Av.'ard of Separale Contracts ...................... . .. . .6.1.1 Award of Subcontracts and Other Contracts for Portions of the Work .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5.2 80ile. and Machinery Insurance .. . . . . . . . . . . . . . . . . . . . . .11.3.2 Bonds, lien..... . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .9.3.3, 9.9.2 Bonds, Performance, Labor and Material Payment. . . . .7.5, 9.9.3 Building Permit .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4.7 Certificate of Subslant~\ CompJellon .. ..9.8.1, 9.8.2, 9.8.3, 9.8.4 Certificates of Inspection, T~<n(! ~r ApprO'nl ........... .7.7.3 CeftificiLtes of Insurance...... ................. .9.3.2,11.1" Certificates for Payment, rrD;ect ....... .2.3.9,2.3.21,9.4,9.5.1, 9.5.5,9.6.1,9.7.1,9.8.2,9.9.1,9.9.3,12.1.4,14.1.1,14.2.2 Change Orders.............. .'.1.1, 2.3.19, 3.4, 4.8.2.3, 4.11.1, 5.2.3,7.7.2,8.3.1,9.7,9.9.3,11.3.1,11.3.5,11.3.7, 12.1,12.2.1,12.3.1,13.1.2,13.2.5,13.3.1 Change Orders, Definition of ..................... . . . .12.1.1 CHANGES IN THE WORK................. .2.3.19, 4.11.1, 12 INDEX Claims for Additional Cost or Time. ... .8.3.2, 8.3.3, 12.2.1, 12.3 Claims lor Damages.. . ....... .... .6.1.1, 6.2.5, 7.4, 8.3, 9.6.1.2 Claims and Disputes Between Contractor and Owner. . . . . . . . . . . . . .2.3.12, 2.3.15, 2.3.23, 4.18.2, 7.9 Cleaning Up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4.15, 6.3 Commencement 01 the Work, Conditions Relating to .3.2.1,4.2, 4.7.1,4.10,5.2.1,6.2.2,7.5,9.2,11.1,11.3.4 Communications.. ................... .2.3.2, 3.2.6, 4.9.1, 4.16 Completion, Conditions Relating to .. .2.3.21, 4.11, 4.15, 9.4.2, 9.9, 13.2.2 COMPLETION, PAYMENT5 AND.......... ................, Completion 01 the Project, Substantial...... .8.1.4,9.8.3,9.8.4, 9.9.4,9.9.5,9.9.6,13.2.1,13.2.2 Completion of the Work, Substantial....... .2.3.21, 8.1.1,8.1.3, 8.2.2,9.8,9.4.2,9.9.3,11.3.9 Compliance with laws............ 1.3,2.1.1,4.6,4.7,4.13,7.1, 7.6.1,7.7.1,10.2.2,14.2.1 Concealed Conditions .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12.2 Consent, Written ................... .2.3.22,4.14.2,7.2,7.6.2, 9.8.1,9.9.2,9.9.3,11.3.9 Construction Manager, Definition of .................... .2.2 Construction ~nager's Approval ............. ..4.10.1, 4.13.2 Construction Manager's Additional Services........ .3.4,7.7.2,13.2.1,13.2.5,14.2.2 Construction Manager's Authority and Responsibility.... .2.3.3, 2.3.5,2.3.16,2.3.10,2.3.22,4.8.1,4.17.1,4.18.3, 7.7.4,9.2,10.2.5,11.3.6,12.1.4,14.1.1 Construction Manager's Confirmation ...................9.9.3 - Construction ~~er's Consultation with the Architect .2.3.12, 2.3.16,2.3.19,2.3.21,3.4.1,9.6.1,9.8.1,12.1.4, 12.3.1, 14.2.1 Construction Manager's Coordination and Scheduling... .2.3.7, 2.3.17,4.3.1,4.10.1,4.12.4 Construction Manager's Decisions. . . . . . . . . . . . . .. . . .6.3, 8.3.1 Construction Manager's DetermiMtions . .2.3.3, 6.3.1, 7.7.2, 8.3.1 Construction Manager's Interests.. . . . . . . . . .. . . . .11.3.1, 11.3.2 Construction ~nager'S Recommendations. . . .2.3.8, 2.3.9, 9.3.1, 9.4.1,9.7.1,9.9.1, 12.1.1 Construction MaMger's Relationship with ArcNtect ..... . . . . .. . .. ... . .1.1.2, 2.3.1, 2.3.3, 2.3.21 Construction Manager's Relationship with Contractor. ... .1.1.2, 2.3.15,2.3.16,3.2.6,4.2.1,4.3.3,4.5,4.7.3, 4.11.1, 4.12.4, 4.12.6, 4.16.1,4.17.1,4.18,5.2,6.2.1,6.2.2,7.6.2,7.7, 7.9.1, 7.9.2, 8.3.1,8.3.2,9.4.1,9.5.4,9.8.1,9.9.1,10.2.6, 11.1.4,11.3.6 Construction Manager's Relationship with Subcontractors.......... ........ .1.1.2,2.3.16,5.3.1 Construction Manager's Review...."...... .2.3.8,2.3.17,5.2.1 Construction Schedule, Contractor's . . .. . . . . . . . . . . . . . . . . .4.10 Contract, Definition of ................ . ...... .........1.1.2 Contract Administration . . . . . .. .. . . . . . . .. . . . . . . . . . .2.3, 4.3.3 Contract Award and Execution, Conditions Relating to .... . ,4.7.1, 4.10, 5.2, 7.5, 11.1, 11.3.4 CONTRACT DOCUMENTS ..........;....................1 Contract Documents, Copies Furnished and Use of ....~.......... 1.3,3.2.5,5.3 Contract Documents, Definition of .....,.............. .1.1.1 Contract Modifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . .1.1.1, 12 Contract Sum, Definition of ......................... ..9.9.1 Contract Termination ...........,...................... .14 Contract Time, Definition of ................... ....... .8.1.1 CONTRACTOR ...........,.........................." ,4 Contractor, Definition of ........... ............ .. .4.1, 6.1.2 Contractor's Construction Schedule .................... .4.10 2 A201/CM-1980 AlA OOCl!M[Nl A201/CM . GENERAL CONDITIONS Of THE CONTRACT fOR CONSTIlUCTION CONSTIlUC110N MANAGEMENT EDITION . jUNE'98O EDITION . AlAe . ~,. . THE AMERICAN INSTITUTE Of ARCHITECTS. 173S NEW YORK AV[., N.W.. WASHINGTON, D.C. 20006 WARNING: Unlk:eMed phoIocopylng violet.. Us. copyright I-. and Is aubject to IegeI p<oMCUtIon. 10/08/93 00750 - 2 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY Contractor's Employees..... .4.3.2,4.4.2,4.8.1,4.9,4.18,10.2.1 through 10.2.4,10.2.6,10.3,11.1.1 Contractor's liability Insurance........................ .11.1 Contractor's Relationship with Architect..... .1.1.2,2.3.5.2.3.6, 2.3.13,2.3.16.4.3.3.4.5,4.7.3,4.12.6,4.18.11.3.6 Contractor's Relationship with Construction Manager.... .1.1.2, 2.3.15,2.3.16.3.2.6.4.2.1,4.3.3,4.5,4.7.2.4.11.1.4.12.4. 4.12.6,4.16.1,4.17.1,4.18,5.2.6.2.1,6.2.2.7.6.2, 7.7, 7.9.1, 7.9.2,8.3.1,8.3.2,9.4.1,9.5.4,9.8.1.9.9.1. 10.2.6. 11.1.4. 11.3.6 Contractor's Relationship with Separate Contractors and Owner's Forces......... .... ........... ... .3.2.7, 6 Contractor's Relationship with Subcontractors......... .1.2A, 5.2, 5.3, 9.5.2, 11.3.3. 11.3.6 Contractor's Representations.......... .1.2.2, 4.5. 4.12.5. 9.3.3 Contractor's Responsibility for Those Performing the Work. . .. .. . . . . . . .. . . . . .. .4.3.2, 4.18, 10 Contractor's Review of Contract Documents... .1.2.2,4.2,4.7.3 Contractor's Right to Stop the Work.................... .9.7 Contractor's Rignt to Terminate the Contract. .. . . . . . .. . . .14.1 Contractor's Submittals.............. .2.3.18,4.10,4.12. 5.2.1, 5.2.3,9.2,9.3.1.9.8.1.9.9.2,9.9.3 Contractor's Superintendent. . . . . . . ... . . . . . . . . . . . . .4.9, 10.2.6 Contractor's Supervision and Construction Procedures . . . . . . . . . .1.2A. 2.3.5, 4.3, 4.4, 10 Contractual liability Insurance....................... .11.1.3 Coordination and Correlation........ .1.2.2, 1.2.4, 4.3.1, 4.10.1. 4.12.5.6.1.3.6.2.1 Copies Furnished of Drawings and Specifications. .1.3, 32.5. 5.3 Correction of Work.................... .3.3,3.4.10.2.5.13.2 Cost, Definition of ................................. .12.1.4 Costs.. ... . .3A, 4.8.2, 4.15.2,5.2.3,6.1.1,62.3,6.2.5,6.3,7.7.1, 7.7.2,9.7,11.3.1,11.3.5,12.1.3,12.1.4,12.3,13.1.2,13.2,14.2.2 Cutting and Patching of Work. . . . . . . . .. . . . .. . . . . . . . . . . .4.14 Damage to the Work. . . . . . . . . . . .4.14.2, 10.2.1.2, 10.2.7, 11.3.1 Damage to Work............ .4.14.2, 4.18.1, 6.2.4, 6.2.5, 9.6.15, 10.2.1.3,10.2.2,10.25.10.3.13.2.6 Damages, Claims for................. .6.1.1. 6.2.5, 7.... 9.6.1.2 Damages for Delay........................ ..6.1.1. 1.3.4, 9.7 Day. Definition of . . . .... . . . .. . .. . .. ..... ....... .... ..8.1.5 Decisions of the Architect........ .2.3.10 through 2.3.16. 7.7:2. 7.9.1,9.2.9.4.9.6.1,9.8.1.12.1.4.12.3.1 Decisions of the Construction Manager............. .6.3, 8.3.1 Defective or Non.Conforming Work, Acceptance, Rejection and Correction of . . . . . .2.3.4, 2.3.16, 3.3, 3.4, 4.5, 6.2.2,6.2.3,9.6.1.1,9.9.4.2,13 Definitions. ............. .1.1,2.1,2.2,3.1,4.1,4.12.1 through 4.12.3,5.1,6.1.2,8.1,9.1.1,12.1.1,12.1.4 Delays and Extensions of Time ..........................8.3 Disputes. . .. ............ .2.3.12,2.3.15,2.3.23,6.2.5,6.3,7.9.1 Documents and Samples at the Site.................... .4.11 Drawings and Specifications, Use and Ownership of ....... ........ .1.3,3.2.5,4.11,5.3 Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3.2.3 Emergencies .........................................10.3 Employees, Contractor's.......... .4.3.2, 4.4.4, 4.8.1, 4.9, 4.18, 10.2.1 through 10.2.4, 10.2.6, 10.3. 11.1.1 Equipment, labor, Materials and ..... .1.1.1,4.4,4.5,4.12,4.13, 4.15.1,6.2.1,9.3.2,9.3.3,9.6.1.3,9.9.2, 10.2.1.2,11.3.1, 12.1A, 13.2.2, 13.2.5, 14 Execution and Progress of the Work..... ... .1.1.3,1.2.3.2.3.4. 2.3.5,2.3.11,4.2,4.4.1,4.5,4.7.1,62.2,7.9.3. 8.2.2,8.3.1.8.3.2,9.6.1,10.2.3, 10.2.4, 14.2 Execution, Correlation and Intent of the Contract Documents. . . . .. . . ... . . . . .. . ... .1.2, 4.7.1 Extensions of Time....................... .8.3, 12.1.1. 12.12 Failure of Payment by Owner...................... .9.7,14.1 Failure of Payment of Subcontractors...... 9.6.1.3,9.9.2.14.2.1 Failure to Carry out the Work......................... .2.3.5 Final Completion and Final Payment.. .2.3.15,2.3.21,9.9,13.3.1 Financial Arrangements, Owner's...................... .32.1 Fire and Extended Coverage Insurance................ .11.3.1 Governing law. . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . .. . . . . .7.1 Indemnification....................... .4.17, 4.18, 6.2.5, 9.9.2 Identification of Contract Documents.. . . . . . .. .... . . ... .1.2.1 Identification of Subcontractors and Suppliers. . .. .... ... .5.2.1 Information and Services Required of the Owner........................ .3.2, 6.1, 9, 11.2. 11.3 Inspections............. .2.3.16,2.3.21,4.3.3,7.7.12.1.2.9.9.1 Instructions to Bidders.............................. ..1.1.1 Instructions to the Contractor......... .2.3.2, 3.2.6, 4.8.1.7.7.2. 12.1.2.12.1.4 INSURANa ...................................... 9.8.1,11 Insurance, Contractor's liability....................... .11.1 Insurance, loss of Use . .. . . .. . .. . .. . . . . . . . .. .. .. .. .. . . .11.4 Insurance, Owner's Liability ..... . .... . . . . . . . . . . . . ... . . .11.2 Insurance, Property............ ... . . . . . . . . . . . ..... .. . .11.3 Insurance. Boiler and Machinery. . .. . . . . . . . .. . .. . .... .11.3.2 Insurance, Special Hazards .,........................ .11.3.5 Insurance, Stored Materials..................... .9.3.2,11.3.1 Insurance Companies. Conse.t to Partial Occupancy... . .11.3.9 Insurance Companies, Settlement With ................ .11.3.8 Intent of the Contract Documents... . . . .. . . ... .12.3. 2.3.10, 2.3.13, 2.3.14, 12.4 Interest ............................................. .7.8 Interpretations, Written. . . ... . .1.1.1, 2.3.11, 2.3.12, 2.3.13, 12.4 labor, Materials and Equipment...... .1.1.3, 4.4, 4.5, 4.12, 4.13, 4.15.1,6.2.1.9.3.2,9.3.3,9.6.1.3,9.2.2,10.2.1.2, 11.3.1,12.1.4,13.2.2,13.2.5 14 labor and Material Payment Bond ...................... ~7.5 labor Disputes ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.3 1 laws and Regulations. . . . . . . . . . . . .1.3, 2.1.1.4.6,4.7, 4.li. 7.;, 7.6.1,7.7.1,10.2.2,14 liens ...................................9.3.3, 9.9.2, 9.9.4.1 limitations of Authority. ................ .2.3.2, 11.3.8.12.4.1 limitations of liability. . . . . .. .. . .2.3.13, 2.3.16, 2.3.18, 3.3. 4.2. 4.7.3,4.12.6,4.17,4.18,6.22,7.6.2.9.4.2, 9.5.4, 9.9A. 9.9.5, 102.5.11.1.2.11.3.6 limitations of Time, General....... .2.3.11,2.3.18,32.1,3.2.4, 4.2.4.7.1,4.7.3,4.12.4.4.15.1,5.2.1,5.2.3,6.2.2.7.4, 7.7,7.9.2,8.2,9.5.2,9.6.1.9.8,9.9,11.3.1,11.3.4, . " . 11.3.9,12.1.4,12.4,13.2.1.13.2.2,13.2.5 limitations of Time. Specific........ .3A. 4.10, 7.9.2, 8.2, 8.3.2, 8.3.3,9.2,9.3.1,9.4.1,9.5.1,9.7,11.1.4,11.3.8, . . . 12.2,12.3.1, 13.2.2, 13.2.7, 14.1.14.2.1 llmltallons, Statutes of ...................7.9.2, 13.2.2, 13.2.7 Loss of Use Insurance. . . . . . . . . . . .. . . . . .. . . . . . . . . . . '" .11.4 A.A DOCUMENT A2I1/CM . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION . JUNE 1'llMl EDITION . AlAe . @ 1'llMl . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE. NW . WASHINGTON. D.C. 20006 A201/CM-1980 3 WARNING: Unlicensed photocopyfng vtolales U.S. copyright IIlws anella subjecllo legal prosecution. 10/08/93 3 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00750 Materials, labor and Equipment...... .1.1.3, 4.4, 4.5, 4.12, 4.13, 4.15.1,6.2.1.9.3.2,9.3.3,9.6.1.3,9.9.2. 10.2.1.2, 11.3.1, 12.1.4, 13.2.2, 13.2.5, 14 Material Suppliers. . .., . ........... ...... .4.12.1, 5.2.1, 9.3.3 Means. Methods, Techniques, Sequences and and Procedures of Construction........ .2.3.5,4.3.1,9.4.2 Minor Changes in the Work.,............. .1.1.1,2.3.19,12.4 MISCELLANEOUS PROVISIONS ...........................7 Modifications, Definition of .......................... .1.1.1 Modifications to the Contract....... .1.1.1,1.1.2,2.3.2,2.3.22, 4.11.1,4.7.3,12 Mutual Responsibility ..................................6.2 Non-Conforming Work, Acceptance of Defective or . . . . . . .13.3 Notice, Written........... .2.3.11,2.3.15,4.2,4.7.3,4.7.4,4.9, 4.12.6,4.12.7,5.2.1,7.3,7.4,7.9.2,8.1.2,8.3.2,8.3.3, 9.4.1,9.6.1,9.7,9.9.1,9.9.5,10.2.6,11.1.4,11.3.1, 11.3.5,11.3.7,11.3.8,12.2,12.3,13.2.2,13.2.5,14 Notices, Permits, Fees and............ .2.3.2, 4.7, 4.13.1, 10.2.2 Notice of T~ting and Inspections........ ..... .......... .7.7 Notice to Proceed................. ........... ....... .8.1.2 Observations, Contractor's................., .... .1.2.2,4.7.3 Occupancy. . .. . ..... .. ............ .8.1.3, 8.1.4, 9.5.5, 11.3.9 On.Site Inspections by the Architect.......... .2.3.16, 2.3.21, 9.4.2,9.8.1,9.9.1 On. Site Observations by the Architect. . . . . . . .2.3.4,2.3.6,2.3.9, 7.7.1,7.7.4,9.4.2,9.6.1,9.9.1 Orders, Written................. .3.3,4.9,12.1.4,12.4.1,13 1 OWNER ...............................................3 Owner, Definition.................................... .3.1 Owner, Information and Services Required of the...,..... .3.2, 4.7.1, 6.1.3, 6.2, 9, 11.2, 11.3 Owner's Authority................. .2.3.21,7.7.2,9.3.1,9.3.2, 9.8.1,11.3.8,12.1.2,12.1.4 Owner's Financial Capability........,................ .3.2.1 Owner's liability Insurance......... .................. .11.2 Owner's Relationship with Subcontractors....... . . .1.1.2,9.5.4 Owner's Right to Carry Out the Work .... . . . . . . . . . .3.4, 13.2.4 Owner's Right to Clean Up ...................... .4.15.2, 6.3 Owner's Right to Perform Work and to Award Separate Contracts...... . ..,.. .. ...... ...... .6.1 Owner's Right to Terminate the Contract.. ...... .. . ..... .14.2 Owner's Right to Stop the Work.... . . . ... ...... ........ .3.3 Ownership and Use of Documents....... . .. . . . .1.3,3.2.5, 5.3 Patching of Work. Cutting and ........................ .4.14 Patents. Ro,'alhes and................... .. .4.17.1 Payment Bond, labor and Malenal . . . . . . . . . . . . . . . . . . . . . . .7.5 Payment, Contractor's Applications tor. . . . . .2.3.8. 9.2. 9.3, 9.4, 95,3, '1.6.1. 9.:".1, 9.8.2. 9.9.1.99.5.14.2.1 Payment, Prolect Certificates for....... .2.3.9, 2.3.21. 9.4, 9.5.1, 9.5.5.9.6.1,9.7.1,9.8.2.9.9.1,9.9.3.12.1.4,14.1.1,14.2.2 Payment, Failure of . . . . . . . . . . . . . .. .9.5.2, 9.6.1.3, 9.7, 9.9.2, 14 Payment, Final.................... 2.3.15, 2.3.21,9.9, 13.3.1 Payments, Progress......... .7.8,7.9.3,9.5.5,9.8.2,9.9.3,12.1.4 PAYMENTS AND COMPLETlON............,.............9 Payments to Subcontractors......... .9.5.2,9.5.3,9.5.4,9.6.1.3, 11.3.3,14.2.1 Payments Withheld ....................................9.6 Performance Bond and labor and Material Payment Bond. . .7.5 Permlls, Fees and Notices............. .3.2.3, 4.7, 4.13, 10.2.2 PERSONS AND PROPERTY, PROTEOION OF ..............10 Product Data, Definition of ..........................14.2.2 Product Data, Shop Drawings, Samples and.. .2.3.18, 4.2.1, 4.12 Progr~s and Completion................... .2.3.4, 7.9.3, 8.2 Progress Payments.. , ..... . .7.8, 7.9.3, 9.5.5, 9.8.2, 9.9.3, 12.1.4 ProJect, Definition of ............................... .1.1.4 Project Construction Schedule. . . .. ....... .... . . ., .. . . . .4,10 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11.3 PROTECTION Of PERSONS AND PROPERTY ............. .10 Record Documents....,............................. .4.11 Regulations and laws.............. .1.3,2.1.1,4.6,4.7,4.13.1, 7.1, 10.2.2, 14 Rejection of Work... .. , ............ ..... .2.3.16, 4.5.1, 13.2 Releases of Waivers and liens..... . . . . . . . . . . . . . . .9.9.2, 9.9.4 Representations ........... .1.2.2, 4.5, 4.12.5, 9.4.2, 9.6.1, 9.9.1 Representatives... .2.1,2.2, 2.3.2, 2.3.22, 3.1, 4.1, 4.9, 5.1, 9.3.3 Responsibility for Those Performing the Work .....2.3.5, 4.3.2, 6.1.3,6.2,9.8.1 Retainage ..................... .9.3.1,9.5.2,9.8.2,9.9.2,9.9.3 Review of Contract Documents by the Contractor...... .1.2.2, 4.2,4.7.3 Reviews of Contractor's Submittals by Owner and Architect.............. .2.3.18,4.10,4.12,5.2.1,5.2.3,9.2 Rights and Remedies.. .......... .1.1.2, 2.3.15, 2.3.16, 3.3, 3.4, 5.3,6.1,6.3,7.6,7.9,8.3.1,9.6.1,9.7, 10.3,12.1.2,12.2,13.2.2,14 Royalties and Patents ................................ .4.17 Safety of Persons and Property ........................ .10.2 Safety Precautions and Programs. ............. . .. .2.3.5, 10.1 Samples, Definition of .........,....,............... .4.12.3 Samples, Shop Drawings, Product Data and..... .2.3.17, 2.3.18, 4.2, 4.12 5ampkls at the Site, Documents and. . . . . . . . . . . . . . . . .. . .4.11 Schedule, Contractor's Construction. . . . . . . . . . . . . . . . . . . . .4.10 Schedule, Project Construction ........................ .4.10 Schedule of Values ....................................9.2 Separate Contracts and Contractors.... .4.14.2,6,11.3.6,13.1.2 Shop Drawings, Definition .......................... .4.12.1 Shop Drawings, Product Data and Samples... ...... ... .2.3.17, 2.3.18, 4.2, 4.12 Site, Use of .... . . ..... ................... .. . .. . .4.13,6.2.1 Site Inspections............ 1.2.2,2.3.4,2.3.21.7.7,9.8.1,9.9.1 Site Visits, Architect's. . . . . ...... . .... .2.3.4, 2.3.6, 2.3.9, 7.7.1, 7.7.4,9.4.2,9.6.1,9.9.1 Specldl Inspection and Testing .................. .2.3.16,7.7 SpeCIal Hazards Insurance........................... .11.3.5 Specliications .............................. .1.1.1, 1.2.4, 1.3 Sl.1tutes oi limitations.. .. .... .. ......... .7.9.2, 13.2.2, 13.2.7 Stopping the Work.. ............ .3.3. 9.7.1, 10.3, 14.1 Stored Materials........... .6.2.1, 9.3.2, 10.2.1.2,11.3.1,13.2.5 SUBCONTRAOORS ................................... .5 Subcontractors, Definition oi ......................... .5.1.1 Subcontractors, Work by ............. .1.2.4,2.3.5,4.3.1,4.3.2 Subcontractual Relations ...............................5.3 Submittals. ..... . ... . . ..... .1.3, 2.3.18, 4.10, 4.12, 5.2.1, 5.2.3, 9.2,9.3.1,9.8.1,9.9.1,9.9.3 4 A201/CM-1980 ....1.... DOCUMENT ....201;CM . GE"ERAl CO"<DI110,", OF THE CO"<TRACT FOR CO...STRUCTION CONSTRUCTION ."...........GE."ENT EDITION . JU"E 1'lllO EDITION . AI^~ . <91980 . THE A"ERICAN ,,"SJITUTE OF ARCHITEClS. 1735 SEW YOR~ AI'E N\\'. WASHINGTON. DC. :'0006 WARNtNG: Unlicensed photocopying violates U.S. copyrightlaW8 and Is subject to legal prosecution. 10/08/93 00750 4 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY Subrogation, Waiver of ..............................11.3.6 Substantial Completion of the Proje<t ....... .8.1.4, 9.8.3, 9.8.4, 9.9.4, 9.9.5, 9.9.6, 13.2.1, 13.2.2 Substantial Completion of the Project, Definition of ..... .8.1.4 Substantial Completion of the Work....... .2.3.21,8.1.1,8.1.3, 8.2.2,9.4.2,9.8,9.9.3,11.3.9 Substantial Completion of the Work, Definition of ....... .8.1.3 Substitution of Subcontractors ....................5.2.3, 5.2.4 Substitution of the Archile<t . . . . . . . . . . . . . . . . . . . . . . . . . .2.3.23 Substitution of the Construction Manager ..............2.3.23 Substitutions of Materials............. .... ..... . .4.5, 12.1.4 Sub-subcontractors, Definition of ...................... .5.1.2 Subsurface Conditions.............................. .12.1.1 Successors and Assigns .................................7.2 Supervision and Construction Procedures ........ . .1.2.4, 2.3.5, 4.3, 4.4, 10 Superintendent, Contractor's ......................4.9, 10.2.6 Surety, Consent of ..............................9.9.2, 9.9.3 Surveys .......................................3.2.2, 4.18.3 Taxes ............................................... .4.6 Termination by the Contractor...... . . . . . . . . . . . . . .. . . . .14.1 Termination by the Owner........................ .....14.2 Termination of the Architect........................ .2.3.23 Termination of the Construction Manager.... . .... .... .2.3.23 TERMINA liON OF THE CONTRACT ..................... .14 Tests ................................2.3.16. 4.3.3, 7.7, 9.4.2 TIME ..................................................8 Time, Definilion of .................................. ..8.1 Time. Delays and Extensions of ......... .8.3,12.1,12.3,13.2.7 Time limits, Specific.............. .3.4, 4.10, 7.9.2, 8.2, 8.3.2, 8.3.3,9.2,9.3.1,9.4.1,9.5.1,9.7,11.1.4, 11.3.8,12.2,12.3.1,13.2.2,13.2.7,14.1,14.2.1 Title to Work...... .. . .. .. . .. . .. .. .. .. .. .. .. . .. 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK. . . . . . . . . . . . .13 Uncovering of Work ................................. .13.1 Unforseen Conditions...... ..................... .8.3.1,12.2 Unit Prices................................ .12.1.3.2,12.1.5 Use oi Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . .1.3, 3.2.5, 5.3 Use of Site................. ................... .4.13, 6.2.1 Values, Schedule of ....................................9.2 Waiver of Claims by the Contractor... .7.6.2, 8.3.2, 9.95, 11.3.6 Waiver of Claims by the Owner..... .7.6.2, 9.9.4,11.3.6,11.4.1 Waiver of liens ......................................9.9.2 Warranty and Warranties ..............2.3.21, 4.5, 9.3.3, 9.8.4, 9.9.4, 13.2.2, 13.2.7 Weather Delays..................................... .8.3.1 Words, Recognized Meaning of ........................1.2.3 Work, Definition of ..................................1.1.3 WORK BY OWNER OR BY SEPARATE CONTRACTORS.......6 Wrillen Consent......... .2.3.22,4.14.2,7.2,7.6.2,9.8.1,9.9.3 Wrillen Interpretations..... ............. .1.1.1,2.3.11, 12.3.2 Wrillen Notice...... .2.3.11,2.3.15,4.2,4.7.3,4.7.4,4.9,4.12.6, 4.12.7,5.2.1,7.3,7.4,7.7.2,7.9.2,8.1.2,8.3.2, 8.3.3, 9.4.1, 9.6.1,9.7,9.9.1,10.2.6,11.1.4,11.3.1,11.3.5,11.3.7, 11.3.8, 12.2, 12.3, 13.2.2, 13.2.5, 14 Wrillen Orders.................. .3.3,4.9,12.1.4,12.4.1,13.1 AlA DOCUMENT AlOT/CM . GENERAL CONDI110NS or THE CONTRACT fOR CONSTRUCTION CONSTRUCTION M.~N.~GEMENT EDIlION . JUNE 1980 EDITION . AIA4t . @ 1980 . THE AMERICAN INSTI1UTE OF ARCHI1ECTS. 1iJ; NEW YORK AVE" NW. WASHINGTON. DC 20006 A201/C~--1980 5 WARNING: Unlle..nsed photocopying vIolat..s U.S. copyright Illws .ncI. subject to .1 prosecution. 10/08/93 00750 - 5 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 CONTRACT DOCUMENTS 1.1 DEFINITIONS 1.1.1 THE CONTRAO DOCUMENTS The Contract Documents consist of the Owner-Contractor Agreement, the Conditions of the Contract (General, Sup- plementary and other Conditions), the Drawings, the Specifications, and all Addenda issued prior to and all Modifications issued aller execution of the Contract. A Modification IS (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a written interpretation issued by the Architect pursuant to Sub- paragraph 2.3.11, or (4) a written order for a minor change in the Work issued by the Architect pursuant to Paragraph 12.4. The Contract Documents do not include Bidding Documents such as the Advertisement or Invita- tion to Bid, the Instructions to Bidders, sample forms, the Contractor's Bid or portions of Addenda relating to any of these, or any other documents unless specifically enu- merated in the Owner-Contractor Agreement 1.1.2 THE CONTRAO The Contract Documents form the Contract for Construc- tion. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations. representations or agreements. either wrillen or oral. The Contract may be a~nded or modi- fied only by a Modification as defined in Subparagraph 1.1.1. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect and the Contractor, between the Construc- tion Manager and the Contractor or between the Archi- tect and the Construction Manager, but the Architect and the Construction Manager shall be entitled to perform- ance of the obligations of the Contractor intended for their benefit and to enforcement thereof. Nothing con- tained in the Contract Documents shall create any con- tractual relationship between the Owner, the Construc- tion Manager or the Architect and any Subcontractor or Sub-subcontractor. 1.1.3 THE WORK The Work comprises the completed construction required of the Contractor by the Contract Documents, and in- cludes all labor necessal)' to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. 1.1.4 lHE PRO,EO The Project, as defined in the Owner-Contractor Agree- ment. is the total construction of which the Work per- formed under the Contract Documents is a part. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed in not less than quadruplicate by the Owner and the Contractor. If either the Owner or the Contractor or both do not sign the Conditions of the Contract. Drawings, Specifications or any of the other Contract Documents, the Architect shall Identify such Documents. 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site be- come familiar with the local conditions under which the Work is to be performed, and has correlated personal observations with the requirements of the Contract Docu- ments. 1.2.3 The intent of the Contract Documents is to include all Items necessary for the proper execution and comple- tion of the Work. The Contract Documents are comple- mentary, and what is required by anyone shall be as binding as if required by all. Work not covered in the Contract Documents will not be requ;red unless it is con- sislent therewith and is reasonably inferable therefrom as being necessary to produce the intended results. Words and abbreviations which have well-known technical or lrade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4 The organization of the Specifications into divi- sions, sections and articles, and the arrangement of Draw- lOgs shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.3 OWNERSHIP AND USE OF DOCUMENTS 1.3.1 All Drawings, Specifications and copies thereof furnished by the. Architect are and sh11l remain the prop- erty of the Architect. They are to be used only with re- spect to this Project and are not to be used on any other project. With the exception of one contract set for each party to the Contract, such documents are to be returned or suitably accounted for to the Architect on request at the completion of the Work. Submission or distribution to meet official regulatory requirements or for other pur- poses 10 connection with the Project is not to be con- strued as publication in derogation of the Architect's common law copyright or other reserved rights. ARTICLE 2 ADMINISTRATION OF THE CONTRACT 2.1 THE ARCHITEO 2.1.1 The Architect is the person lawfully licensed to practice architecture, or an entlt\ lawfullv practicing ar- chitecture, identified as such 10 the Owner-Contractor Agreement. The term Architect means the Architect or the Architect's authorized repre"cntalive. 2.2 THE CONSTRUOION MANAGER 2.2.1. The Construction Manager is the person or entity Identified as such in the Owner-Contractor Agreement. The term Construction Manager means the Construction Manager or the Construction Manager's authorized representative. 2.3 ADMINISTRA liON OF THE CONTRACT 2.3.1 The Architect and the Construction .'\.ianager will A201/CM -1980 6 AlA DOCUMENT A20lICM . GENERAL CONOITIONS Of THE co.. TRACT FOR CO"STRUCTIO" CONSTRUCTION MANAGEMENT EDITION . JUNE T980 LOITION . AIA* . ~ 1980 . THE AMERICAN INSTITUTE Of ARCHITECTS. 17J5 NEW YORK AVE. N IV WASHI"GTO" DC. 2()()()h WARNING: Unlicensed photocopying violates U.S. copyrtghllaws and Is subject 10 legal prosecution. 10/08/93 00750 - 6 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY ,( ^ ~....;;;,.,~.,;,;",,~,,'.~". provide administration of the Contract as hereinafter described. 2.3.2 The Archilect and the Construction Manager will be the Owner's representatives during construction and until final payment to all contractors is due. The Archi- tect and the Construction Manager will advise and con- sult with the Owner. All instructions to the Contractor shall be forwarded through the Construction Manager. The Ar~hitect and the Construction Manager will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with Sub- pdragraph 2.3.22. 2.3.3 The Construction Manager will determine in gen- eral that the Work of the Contractor is being performed in accordance with the Contract Documents, and will en- deavor to guard the Owner against defects and deficien- cies in the Work of the Contractor. 2.].4 The Architect will visit the site at intervals appro- priate to the stage of construction to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tect will not be required to make exhaustive or con- tinuous on-site inspections to check the quality or quan- tity of the Work. On the basis of on-site observations as an architect, the Architect will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 2.3.5 Neither the Architect nor the Construction Man- ager will be responsible for or have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and neither will be respon- sible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither the Architect nor the Construction Manager will be respon- sible for or have control or charge over the acts or omis- sions of the Contractor, Subcontractors, or any of their agents or employees, or any other persons performing any of the Work. 2.3.6 The Architect and the Construction Manager shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so that the Architect and the Construction Manager may perform their functions under the Contract Documents. 2.].7 The Construction Manager will schedule and coor- dinate the Work of all contractors on the Project includ- ing their use of the site. The Construction Manager will keep the Contractor informed of the Project Construction Schedule to enable the Contractor to plan and perform the Work properly. 2.3.8 The Construction Manager will review all Applica- tions for Payment by the Contractor, including final pay- ment, and will assemble them with similar applications from other contractors on the Project into a combined Project Application for Payment. The Construction Man- ager will then make recommendations to the Architect for certification for payment. 2.].9 Based on the Architect's observations, the recom- mendations of the Construction Manager and an evalua- tion of the Project Application for Payment, the Architect will determine the amount owing to the Contractor and will issue a Project Certificate for Payment incorporating such amount, as provided in Paragraph 9.4. 2.3.10 The Architect will be the interpreter of the re- quirements of the Contract Documents and the judge of the performance thereunder by both the Owner and the Contractor. 2.3.11 The Architect will render interpretations neces- sary for the proper execution or progress of the Work, with reasonable promptness and in accordance with agreed upon time limits. Either party to the Contract may make written request to the Architect for such interpreta- tions. 2.].12 Claims, disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the Work Or the interpretation of the Contract Documents shall be referred initially to the Architect for decision. After consultation with the Construction Manager, the Architect will render a deci- sion in writing within a reasonable time. 2.3.13 All interpretations and decisions of the Architect shall be consistent with the intent of and reasonably in- ferable from the Contract Documents and will be in writ- ing or in graphic form. In this capacity as interpreter and judge, the Architect will endeavor to secure faithful per- formance by both the Owner and the Contractor, will not show partiality to either, and will not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 2.3.14 The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. . 2.3.15 Any claim, dispute or other matter in question between the Contractor and the Owner referred to the Architect through the Construction Manager, except those relating to artistic effect as provided in Subparagraph 2.3.14 and those which have been waived by the making or acceptance of final payment as provided in Subpara- graphs 9.9.4 through 9.9.6. inclusive, shall be subject to arbitration upon the written demand of either party. However, no demand for arbitration of any such claim, dispute or other matter may be made until the earlier of (1) the date on which the Architect has rendered a writ- ten decision, or (2) the tenth day after the parties have presented their evidence to the Architect or have been given a reasonable opportunity to do so, if the Architect has not rendered a written decision b\' that date. When such a written decision of the Architect stales (1) that the decision is final but subject to appeal. and (2) that any demand for arbitration of a claim. dispute or other matter covered by such decision must be made within thirty days after the date on which the party making the demand re- ceives the written decision, failure to demand arbitration within said thirty day period will result in the Architect's decision becoming final and binding upon the Owner and the Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not super- sede any arbitration proceedings unless the decision is acceptable to all parties concerned. 7 A201/CM -1980 A'A DOCUMENT A201/CM . GENERAL CONDITIO,,"S Of THE CO~TRACT fOR CONSTRUCTIO" CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AIA8 . @ 1980 . THE AMERICAN INSTITUTE Of ARCHITECTS. 173S NEW YORK AVE.. NW WASHINGTON. D.C. 20006 WARNING: Unlicensed photoc:opylng vIolIIIes US. copyright '- and la SlJbIect to legal prosecutlon. 10/08/93 00750 - 7 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 2.3.16 The Architect will have authority to reject Work which does not conform to the Contract Documents. and to require special inspection or testing. but will take such action only after consultation with the Construction Man- ager. Subject to review by the Architect, the Construction Manager will have the authority to reject Work which does not conform to the Contract Documents. Whenever, in the Construction Manager's opinion, It is considered necessary or advisable for the implementation of the in- tent of the Contract Documents, the Construction Man- ager will have authority to require special inspection or testing of the Work in accordance with Subparagraph 7.72 whether or not such Work be then fabricated, in- stalled or completed. The foregoing authority of the Con- struction Manager will be subject to the provisions of Subparagraphs 2.3.10 through 2.3.16, inclusive, with re- spect to interpretations and decisions of the Architect. However, neither the Architect's nor the Construction Manager's authority to act under this Subparagraph 2.3.16. nor any decision made by them in good faith either to exercise or not to exercise such authority shall give rise to any duty or responSibility of the Architect or the Con- struction Manager to the Contractor, any Subcontractor, any of their agents or employees, or any other pe~n performing any of the Work. 2.3,17 The Construction Manager will receive from the Contractor and review all Shop Drawings. Product Data and Samples, coordinate them with information contained in related documents, and transmit to the Architect those recommended for approval. 2.3.18 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and the information given in the Contract Docu- ments. Such action shall be taken with reasonable prompt- ness so as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.3.19 Following consultation with the Construction Manager, the Architect will take appropriate action on Change Orders in accordance wilh Article 12, and will have authoril\' to ordec minor changes in the Work as provided in Sub-pJragr.lph 12.4.1. 2.3.20 The Construction ,'&(\ager will maintain at the Project site one record copy of all Contracts, Drawings, Specification.,;, I.ddertda, Change Orders and other Modi- fICations p.:'ltaining to the Project. in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. These shall be available to the Archi- tect and the Contractor, and shall be delivered to the Architect for the Owner upon completion of the Project. 2.3.21 The Construction Manager will assist the Archi- tect in conducting inspections to determine the dates of Substantial Completion and final completion, and will receive and forward to the Owner for the Owner's review written wan'..ntie-> .1nd related documents required by the Contract and a5sembled bl' the Contra<lor. The Architect will issue a final Project Certificate for Payment upon compliance with the requirements of Paragraph 9.9. 2.3.22 The duties, responsibilities and limitations of authority of the Architect and the Construe loon Manager as the Owner's representatives during construction as set forth in the Contract Documents, will not be modified or extended without written consent of the Owner, the Con- tractor, the Architect and the Construction Manager, which consent shall not be unreasonably withheld. Failure of the Contractor to respond within ten days to a written request shall constitute consent by the Contractor. 2.3.23 In case of the termination of the employment of the Architect or the Construction Manager, the Owner shall appoint an architect or a construction manager against whom the Contractor makes no reasonable objec- tion and whose status under the Contract Documents shall be that of the former architect or construction man- ager, respectively. Any dispute in connection with such appointments shall be subject to arbitration. ARTICLE 3 OWNER 3.1 DEFINITION 3.1.1 The Owner is the person or entity identified as such in the Owner-Contractor Agreement. The term Owner means the Owner or the Owner's authorized representative. 3.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 3.2.1 The Owner shall, at the request of the Contractor, at the time of execution of the Owner-Contractor Agree- ment furnish to the Contractor reasonable evidence that the Owner has made (inancial arrangements to fulfill the Owner's obligations under the Contract. Unless such reasonable evidence is furnished. the Contractor is not required to execute the Owner-Contractor Agreement or to commence the Work. 3.2.2 The Owner shall furnish all surveys describing the physical characteristics, legal limitations and utility loca- tions for the site of the Project, and a legal description of the site. 3.2.3 Except as provided in Subparagraph 4.7.1, the Owner shall secure and pay for necessary approvals, ease- ments, assessments and charges required for the construc- tion, use or occupancy of permanent structures or for permanent changes in existing facilities. 3.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable prompt- ness to avoid delay in the orderl\ progress oi the Work. 3.2.5 Gnless otherwise provided in the Contract Docu- ments, the Contractor will be furnished. free oi charge, all copies of Drawings and Specdications reasonably nec- essary ior the execution of the Work. 3.2.6 The Owner shall forward all instructions to the Contractor through the Construction Manager. with simul- taneous notification to the Architect. 3.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and es- pecially those in respect to Work By Owner or By Sepa- rate Contractors, Payments and Completion, and Insur- ance in Articles 6, 9 and 11. respectively. AlA DOCUMENT A20T/CM . GE"ERAL CO"01110"S Of THE CO"TR~CT fOR CO"STRUCTIO" CO"STRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AlA" . @ 1980 . THE AMERICA'" INSTITUTE Of ARCHITECTS. 1735 '-EW YOR, ~V[. N IV \\ ~SHI"'GTO" OC ~()()(JI' A201/CM -1980 8 WARNING: Unlicensed photocopying vlola1es U.S. copyright laws and Is subjeclto lega' prosecution. 10/08/93 00750 - 8 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY ].] OWNER'S RIGHT TO STOP THE WORK ].].1 If the Contractor fails to correct defective Work as required by Paragraph 13.2, or persistently fails to carry out the Work in accordance with the Contract Docu- ments, the Owner, by a written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 3.4 OWNER'S RIGHT TO CARRY OUT THE WORK 3.4.1. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within seven days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy the Owner may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the pay- ments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's and the Construction Manager's additional services made necessary by such default, neglect or fail- ure. Such action by the Owner and the amount charged to the Contractor are both subject to the prior approval of the Architect, after consultation with the Construction Manager. If the paymenls then or thereafter due the Con- tractor are not sufficient to cover such amount, the Con- tractor shall pay the difference to the Owner. ARTIClE 4 CONTRACTOR 4.1 DEANITION 4.1.1 The Contractor is the person or entity identified as such in the Owner-Contractor Agreement. The term Con- tractor means the Contractor or the Contractor's author- ized representative. 4.2 REVIEW OF CONTRACT DOCUMENTS 4.2.1 The Contractor shall carefully study and compare the Contract Documents and shall at once report to the Architect and the Construction Manager any error, incon- sistency or omission that may be discovered. The Con- Iractor shall not be liable to the Owner, the Architect or the Construction Manager for any damage resulting from anv such errors. inconsistencies or omissions in the Con- tract Documents. The Contractor shall perform no portion of the Work at any time without Contract Documents or, where required, approved Shop Drawings, Product Data or Samples for such portion of the Work. 4.3 SUPERVtSION AND CONSTRUC11ON PROCEDURES 4.3.1 The Contractor shall supervise and direct the Work. using the Contractor's best skill and attention. The Contractor shall be solely responsible for all constroction means, methods. techniques. sequences and procedures; and shall coordinate all portions of the Work under the Contract, subject to the overall coordination of the Con- struction Manager. 4.3.2 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and any other persons performing any of the Work under a con- tract with the Contractor. 4.3.3 The Contractor shall not be relieved from the Contraclor's obligations to perform the Work in accord- ance with the Contract Documents either by the activities or duties of the Construction Manager or the Architect in their administration of the Contract, or by inspections, tests or approvals required or performed under Paragraph 7.7 by persons other than the Contractor. 4.4 LABOR AND MATERtALS 4.4.1 Unless otherwise provided in the Contract Docu- ments, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or per- manent and whether or not incorporated or to be incor- porated in the Work. 4.4.2 The Contractor shall at all times enforce strict dis- cipline and good order among the Contractor's em- ployees and shall not employ on the Work any unfit per- son or anyone not skilled in the task assigned them. 4.5 WARRANTY 4.5.1 The Contractor warrants to the Owner, the Archi- tect and the Construction Manager that all materials and equipment furnished under this Contract will be new un- less otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not prop- erly approved and authorized, may be considered defec- tive. If required by the Architect or the Construction Man- ager, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Paragraph 13.2. 4.6 TAXES 4.6.1 The Contractor shall pay all sales, consumer, use and other similar taxes for Ihe Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective. 4.7 PERMITS, FEES AND NOTlW 4.7.1 Unless otherwise provided in the Contract Docu- ments. the Owner shall secure and. pay for the building permit and the Contractor shall secure and pay for all other permits and governmental fees. licenses and inspec- tions necessary for the proper execution and completion of the Work which are customarily secured after execu- tion of the Contract and which are legally required at the time bids are received. 4.7.1 The Contractor shall give all notices and comply ...,th all la'A's, ordinances. rules, regulalions and lawful orders of any public authority bearing on the perform- ance of the Work. 9 A201/CM -1980 AlA DOCUMENT A201/CM . GE"ERAl CO"DITlO"S Of THE CO"TRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AlA- . <<> 1980 . THE A'IERIC~" I'STITUTE or ARCHITECTS. 1~35 NEW YORK WE 'I\' I\'''HI''GTON. D.C ~()OOf, WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal proseculIon. 10/08/93 00750 - 9 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 4.7.3 It is not the responsibility of the Contractor to make certain that the Contract Documents are in accord- ance with applicable laws, statutes, building codes and regulations. If the Contractor observes that any of the Contract Documents are at variance therewith in any re- spect, the Contractor shall promptly notify the Architect and the Construction Manager in writing. and any neces- sary changes shall be accomplished by appropriate Modification. 4.7.4 If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regula- tions, and without such notice to the Architect and the Construction Manager, the Contractor shall assume full responsibility therefor and shall bear all costs attributable thereto. 4.8 AllOWANCES 4.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by these allowances shall be supplied for such amounts and by such persons as the Construction Man- ager may direct. but the Contractor will not be required to employ persons against whom the Contractor makes a reasonable obj-:!ction. 4.8.2 Unless otherwise provided in the Contract Docu- ments: .1 these allowances shall cover the cost to the Contractor. less any applicable trade discount. of the materials and equipment required by the allowance, delivered at the sile, and all appli- cable taxes; .2 the Contractor's costs for unloading and han- dling on the site. labor. installation costs. over- head. profit and other expenses contemplated for the original allowance shall be included in the Contract Sum and not in the allowance; .3 whenever the cost is more or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order. the amount of which will recognize changes. if any, in han- dling costs on the site. labor. installation costs, overhead. profit and other expenses. 4.9 SUPERINTENDENT 4.9.1 The Contractor shall employ a competent superin- tendent and necessary assistants who shall be in attend- ance at the Project site during the progress of the Work. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. Important commu- nications shall be confirmed in writing. Other communi- cations shall be so coniirmed on wrillen request in each case. 4.10 CONTRACTOR'S CONSTRUCTION SCHEDULE 4.10.1 The Contractor, immediately after being awarded the Contract. shall prepare and submit ior the Construc- tion Manager's approval a Contractor's Construction Schedule for the Work which shall provide for expedi- tious and practicable execution of the Work. Th" sched. ule shall be coordinated by the Construction Manager with the Project Construction Schedule. The Contractor'5 Construction Schedule shall be revised as required bv the conditions of the Work and the Project. subject to the Construction Manager's approval. 4.11 DOCUMENTS AND SAMPLES AT THE SITE 4.11.1 The Contractor shall maintain at the Project site, on a. cur~ent basis, one record copy of all Drawings, SpecifICations, Addenda, Change Orders and other Modi- fications, in good order and marked currently to record all changes made during construction. and approved Shop Drawings, Product Data and Samples. These shall be available to the Architect and the Construction Manager. The Contractor shall advise the Construction Manager on a current basis of all changes in the Work made during construction. 4.12 SHOP DRAWINGS. PRODUCT DATA AND SAMPLES 4.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or any Subcontractor, manuiacturer, supplier or distributor to illustrate some portion of the Work. 4.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 4.12.3 Samples are physical examples which illustrate materials, equipment or workmanship, and establish standards by which the Work will be judged. 4.12.4 The Contractor shall prepare, review, approve and submit through the Construction Manager, with reason- able promptness and in such sequence as to cause no de- lay in the Work or in the work of the Owner or any sepa- rate contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. The Con- tractor shall cooperate with the Construction Manager in the Construction Manager's coordination of the Contrac- tor's Shop Drawings, Product Data and Samples with those of other separate contractors. 4.12.5 By preparing, approving and submitting Shop Drawings, Product Data and Samples, the Contractor rep- resents that the Contractor has determined and verified all materials, field measurements and field construction criteria related thereto, or will do so with reasonable promptness, and has checked and coordinated the infor- mation contained within 5uch submittals with the require- ments of the Work. the Project and the Contract Docu- ments. 4.12.6 The Contractor shall not be relieved oi responsibil- Ity for any deviation irom the requirement; of the Con- tract Documents bv the Architect's approval of Shop Drawings. Product Data or Samples under Subparagraph 2.3.18. unless the Contractor has speciiicallv iniormed the Architect and the Construction Manager in writing of such deviation at the time oi submis5ion and the Archi- tect has given ",rillen approval to the specdic deviation. The Contractor shall not be relieved irom responsibilitv ior errors or omissions in the Shop Drawings, Product Dala or Samples bv the Architect"< approval oi them. 4.12.7 The Contractor shall direct speciiic attention. in wrillng or on resubmitted Shop Drawings. Product Data or Samples. to revision5 other than those 'requested bv the Archilecl on previous submittals. AlA DOCUME"T A201/CM . GP'ERAl CO"01110"S Of THE CO'TRACT fOR CO"1RLCTIO' CONSTRUCTION MANAGEMENT EDITION . I[;"E 1980 EOITIO" . AIA~ . @ 1980 . THE ^\HRICAS I"":STITUTE or ^RCH1TECTS. 173.) '\:f\\' YOR~ ,",VE .... \\ \\-~SHI""CTO' DC :;('0). A201/CM - 1980 10 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. " ; 10/08/93 10 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00750 4.12.8 No portion of the Work requiring submission of i Shop Drawing, Product Data or Sample shall be com- menced until the submillal has been approved by the Architect as provided in Subparagraph 2.3.18. All such portions of the Work shall be in accordance with ap- proved submittals. 4.13 USE OF SITE 4.13.1 The Contractor shall coniine operations at the site to areas permilled by law, ordinances, permits and the Contract Documents. and shall not unreasonably encum- ber the site with any materials or equipment. 4.13.2 The Contractor shall coordinate all of the Contrac- lor's operations with. and secure approval from, the Con- struction Manager before using any portion of the site. 4.14 CUTTING AND PATCHING OF WORK 4.14.1 The Contractor shall be responsible for all cutting, filling or patching that may be required to complete the Work or to make its several parts fit together properly. 4.14.2 The Contractor shall not damage or endanger any portion of the Work or the work of the Owner or any separate contractors by cutting, patching or otherwise altering any work, or b<,' exavation. The Contractor shall not cut or otherwise alter the work oC the Owner or any separate contractor except with the written consent of the Owner and of such separate contractor. The Contractor shall not unreasonably withhold from the Owner or any separate contractor consent to cutting or otherwise alter- . ing the' Work. 4.15 CLEANING Uf' 4.15.1 The Contractor m.lll at all limes keep the premises free from accumulation of waste materials or rubbish caused by the Contractor's operations. At the completion of the Work, the Contractor shall remove all the Contrac- tor's waste materials and rubbish from and about the Project as well as all the Contractor's tools, construction equipment, machinery and surplus materials. 4.15.2 If the Contractor fails to clean up at the comple- tion of the Work, the Owner may do so as provided in Paragraph 3.4 and the cost Ihereof shall be charged to the Contractor. 4.16 COMMUNICATIONS 4.16.1 The Contractor shall forward all communications to the Owner and the Architect through the Construction "'1anager. 4.17 ROYALTIES AND PATENTS 4.17.1 The Contractor shall pay all royalties and license fees, shall defend all suits or claims for infringement of any patent rights and shall save the Owner and the Con- struction Manager harmless from loss on account thereof, except that the Owner, or the Construction Manager as the case may be, shall be responsible for all such loss when a particular design. process or the product of a par- ticular manufacturer or manufacturers is selected by such person or such person's agent. If the Contractor, or the Construction Manager as the case may be, has reason to believe that the design, process or product selected is an infringement of a patent. that party shall be responsible for such loss unless such information is promptly given to the others and also to the Architect. 4.18 INDEMNIFICATION 4.18.1 To the fullest extent permitted by law, the Con- Iractor shall indemnify and hold harmless the Owner, the Architect, the Construction Manager, and their agents and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, dis- ease or death, or to injury to or destruclion of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 4.18. 4.18.2 In any and all claims against the Owner, the Archi- tect, the Construction Manager or any of their agents or employees by any employee of the Contractor, any Sub- contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Para- graph 4.18 shall not be limited in any way by any limita- tion on the amount or type of damages, compensation or benefits payable by or (or the Contractor or any Sub- contractor under workers' or workmen's compensation acls, disability benefit acts or other employee benefit acts. 4.18.3 The obligations of the Contractor under this Para- graph 4,18 shall not extend to the liability of the Architect or the Con~truction Manager, their agents or employees, arising oul of (1) the preparation or approval of maps, drawings. opinions, reports, surveys, Change Orders, de- signs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect or the Construction Manager, their agents or employees, pro- vided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITION 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor means a Sub- contractor or a Subcontractor's authorized representative. The term Subcontractor does not include any separate contractor or any separate contractor's subcontractors. 5.1.2 ^ Sub-subcontractor is a person or entity who has a direct or indirect contrilCt with a Subcontractor to per- form all'.' of the Work at the site. The term Sub-subcon- tractor means a Sub-subcontractor or an authorized rep- resentative thereof. 5.2 AWARDS OF SUBCONTRAaS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwi~e required by the Contract Docu- 11 A201/CM -1980 AlA DOCUMENT ANt/CM . GE"ERAl CONDITIO"S OF THE CO!'iTRACT fOR CONSTRUCTIO." CO"STRUCTION MANAGEMENT EDITION . JUNE 1!l6O EDITION . AIAlt . iD 1980 . THE A\\[RICA" ''''~T11UTE OF .ARCHITECTS. 1735 "EIV YORK AVE, N IV. \VASHI'GTON. 0 C. 20000 WARNING: Unlicensed photocopying violate. US. c:opyrtghllllWll and Is aubjee110 lega' proaecullon. 10/08/93 00750 - 11 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY ments Or the Bidding Documents, the Contractor, as soon as practicable after the award of the Contract, shall fur- nish to the Construction Manager in writing for review by the Owner, the Architect and the Construction Man- ager, the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principal por- tions of the Work. The Construction Manager will promptly reply to the Contractor in writing stating whether or not the Owner, the Architect or the Con- struction Manager, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Construction Manager to reply promptly shall con- stitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with any such proposed person or entity to whom the Owner, the Ar- chitect or the Construction Manager has made reasonable objection under the provisions of Subparagraph 5.2.1. The Contractor shall not be required to contract with anyone to whom the Contractor has a reasonable objection. 5.2.3 If the Owner, the Architect or the Construction Manager has reasonable objection to any such proposed person or entity, the Contractor shall submit a substitute to whom the Owner, the Architect and the Construction Manager have no reasonable objection, and the Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no increase in the Contract Sum shall be allowed for any such substitu- tion unless the Contractor has acted promptly and re- sponsively in submitting names as required by Subpara- graph 5.2.1. 5.2.4 The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the Owner, the Architect or the Construction Manager makes reasonable objection to such substitution. 5.3 SUB CONTRACTUAL RELATIONS 5.3.1 By an appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume to- ward the Contractor all the obligations and responsibili- ties which the Contractor, by these Documents, assumes toward Ihe Owner, the Architect and the Construction Manager. Said agreement shall preserve and protect the rights of the Owner, the Architect and the Construction Manager under the Contract Documents with respect to the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the Contractor-Subcontractor Agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Docu- ments, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with their Sub-subcontractors. The Contractor shall make available to each proposed Sub- contractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Subcon- tractor will be bound by this Paragraph 5.3. and identify to the Subcontractor any terms and conditions of the pro- posed Subcontract which may be at variance with the Contract Documents. Each Subcontractor shall similarly make copies of such Documents available to their Sub- subcontractors. ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform work re- lated to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other work on the site under these or similar Conditions of the Contract. If the Contractor claims that delay, damage or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided elsewhere in the Contract Documents. 6.1.2 When separate contracts are awarded for different portions of the Project or other work on the site, the term Contractor in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- Contractor Agreement. 6.1.3 The Owner will provide for the coordination of the work of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 6.2. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner, the Con- struction Manager and separate contractors reasonable opportunity for the introduction and storage of their ma- terials and equipment and the execution of their work, and shall connect and coordinate the Work with theirs as required by the Contract Documents. 6.2.2 If any part of the Contractor's Work depends for proper execution or results upon the work of the Owner or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Con- struction Manager any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acceptance of the Owner's or separate contractor's work as fit and proper to receive the Work, except as to defects which may subsequently become apparent in such work by others. 6.2.3 Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. 6.2.4 Should the Contractor wrongfully cause damage to the work or property of the Owner, or to other work or property on the site, the Contractor shall promptly rem- edy such damage as provided in Subparagraph 10.2.5. 6.2.5 Should the Contractor wrongfully delay or cause damage to the work or property of any separate contrac- tor. the Contractor shall. upon due notice, promptly at- tempt to settle with such olher contractor by agreement, or otherwise to resolve the dispute. If such separate con- tractor sues or initiates an arbitration proceeding against the Owner on account of any delay or damage alleged to have been caused by the Contractor, the Owner shall ALA DOCUMENT A201/CM . GENERAL CONDITIONS OF lHE CO"'RACT FOR CO"SlRLJCTION CONSTRUCTION MA"AGEMENT EDITION . JUNE 1980 EDIlION . AlA- . @ 1980 . lHE AMERICAN INSlllUTE OF ARCHITECTS. 1735 NEW YOR~ AVE. NW.. WASHING10". D.C. ~OOO<> A201/CM -1980 12 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 10/08/93 00750 12 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY notify the Contractor who shall defend such proceedings at the Owner's expense, and if any judgment or award against the Owner arises therefrom, the Contractor shall payor satisfy it and shall reimburse the Owner for all attorneys' fees and court or arbitration costs which the Owner has incurred. 6.3 OWNER'S RIGHT TO ClEAN UP 6.3.1 If a dispute arises between the Contractor and separate contractors as to their responsibility for cleaning up as required by Paragraph 4.15, the Owner may clean up and charge the cost thereof to the contractors respon- sible therefor as the Construction Manager shall deter- mine to be just. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 GOVERNING LAW 7.1.1 The Contract shall be governed by the law of the place where the Project is located. 7.2 SUCCESSORS AND ASSIGNS 7.2.1 The Owner and the Contractor, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the part- ners, successors, assigns and legal representatives of such other party with respect to all covenants, agreements and obligations contained," the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 7.3 WRITTEN N01Kf 7.3.1 Written notic.e shall be deemed to have been duly served if delivered in person to the individual or mem- ber of the firm or entity or to an officer of the corpora- tion for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving the notice. 7.4 ClAtMS FOR DAMAGES 7.4.1 Should either ~rty to the Contract suffer injury or damage to person or property because of any act or omis- sion of the other party or of any of the other party's employees, agents or others for whose acts such party is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observ- ance of such injury or damage. 7.5 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 7.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering the faithful perform- ance of the Contract and the payment of all obligations arising thereunder if and as required in the Bidding Doc- uments or the Contract Documents. 7.6 RIGHTS AND REMEDIES 7.6.1 The duties and obligations imposed by the Con- tract Documents and the rights and remedies available thereunder shall be in addition to. and not a limitation of. any duties. obligatIOns r.ghts and remedies otherwise im- posed or available bv law. 7.6.2 No action or failure to act by the Owner, the Ar- chitect, the Construction Manager or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. . ,'~ 7.7 TESTS 7.7.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having juris- diction require any portion of the Work to be inspected, tested or approved, the Contractor shall give the Architect and the Construction Manager timely notice of its readi- ness so the Architect and the Construction Manager may observe such inspection, testmg or approval. The Con- tractor shall bear all costs of such inspections, tests or approvals conducted by public authorities. Unless other- wise provided, the Owner shall bear all costs of other in- spections, tests or approvals. 7.7.2 If the Architect or the Construction Manager deter- mines that any Work requires special inspection, testing or approval which Subparagraph 7.7.1 does not include, the Construction Manager will, upon written authoriza- tion from the Owner, instruct the Contractor to order such special inspection, testing or approval, and the Con- tractor shall give notice as provided in Subparagraph 7.7.1. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Con- tract Documents, the Contractor shall bear all costs thereof, including compensation for the Architect's and the Construction Manager's additional services made nec- essary by such failure; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. 7.7.3 Required certificates of inspection, testing or ap- proval shall be secured by the Contractor and the Con- tractor shall promptly deliver them to the Construction Manager for transmittal to the Architect. 7.7.4 If the Architect or the Construction Manager wishes to observe the inspections, tests or approvals required by the Contract Documents. they will do so promptly and, where practicable, at the source of supply. 7.8 INTEREST 7.8.1 Pavments due and unpaid under the Contract Doc- uments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereoi. at the legal rate prevailing at the place oi the Project. 7.9 ARBITRATION 7.9.1 All. claims. disputes and other mailers in question between the Contractor and the Owner arising out of or relating to the Contract Documents or the breach thereof. except as provided in Subparagraph 2.3.14 with respect to the Architect's decisions on matters relating to artistic eheer. and except for claims which have been waived by the making or acceptance oi imal payment as provided by Subparagraphs 9.9.4 through 9.9.6, inclusive. shall be deCided bv arbitration in accordance with the Construc- tion Industry Arbitration Rule, of the American Arbitra- tion Association then obtainmg unless the parties mutually 13 A201/CM -1980 AlA DOCUMENT A201!CM . GE....ERAl CO....OITIO....S OF TrlE CO'TRACT FOR (O....QRl'CTiO'" CO'STRUCTIO' ~\A....^GE\\E""T ED IT 10.... . JL:'E 1980 EDITION . AlAe . (1) 1980 . THE AM[RICJ..' 1'~TlTl'TE OF -\RCHIHCT$. 1:-)i 'E\\' Y0R~ \\[ ,-\\" , \\',\'::'HI'CTO'. DC. ~{'()Of:l WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 10/08/93 00750 - 13 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY agree otherwise. No arbitration arising oul of or relating to the Contract Documents shall include, by consolida- tion, joinder or in any other manner, the Architect, the Construction Manager, their employees or consultants except by wrillen consent containing a specific reference to the Owner-Contractor Agreement and signed by the Architect, the Construction Manager, the Owner, the Contractor and any other person sought 10 be joined. No arbitration shall include by consolidation, joinder or in any other manner, parties other than the Owner, the Contractor and any other persons substantially involved in a common question of fact or law, whose presence is required if complete relief is to be accorded in the arbi- tration. No person other than the Owner or the Contrac- tor shall be included as an onginal third party or addi- tional third party to an arbitration whose interest or re- sponsibility is insubstantial. Any consent to arbitration involving an additional person or persons shall not con- stitute consent to arbitration of any dispute not described therein or with any person not named or described therein. The foregoing agreement to arbitrate and any other agreement to arbitrate with an additional person or persons duly consented to by the parties to the Owner- Contractor Agreement shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be en- tered upon it in accordance with applicable law in any court having jurisdiction thereof. 7.9.2 Notice of the demand for arbitration shall be {iled in writing with the other party to the Owner-Contractor Agreement and with the American Arbitration Associa- tion, and a copy shall be filed with the Architect and the Construction Manager. The demand for arbitration shall be made within the time limits specified in Subparagraph 2.3.15 where applicable, and in all other cases within a reasonable time after the claim, dispute or other maller in question has arisen, and in no event shall it be made after the date ",onen institution o{ legal or equitable pro- ceedings based on such claim, dispute Or other maller in question would be barred by the applicable statute of limitations. 7.9.3 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any arbitration proceedings, and the Owner shall con- tinue to make payments 10 the Contractor in accordance with the Contract Document<. ARTICLE 8 TIME 8.1 OEfNmo~s 8.1.1 Cnless o:hem ise pro"ded, the Contract Time is lhe penod of time allotted In the Contract Documents for Substantial Complel1on of the Work as deiined in Sub- paragraph 8.1.3. including authorized adjustments thereto. 8.1.2 The date of commencement of the Work is the date established in a notice to proceed. Ii there is no no- tICe to proceed. it shall be such other date as may be established in the Owner-Contractor Agreement or else- where in the Contract Documents. 8.1.3 The Date of Sub"antlal Compl.ellon ai the \\or~ or designated portion thereof IS the Dale rertlT,ed bv the Architect when construction IS suiiicientl, complete. In accordance with the Contract Documents, so that the Owner or separate contracto;s can occupy or utilize the Work or a designated portion thereof I'br the use for which it is intended. 8.1.4 The Date of Substantial Completion of the Project or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete so the Owner can occupy or utilize the Project Or designated portion thereof for the use ior which it was intended. 8.1.5 The term day as used in the Contract Documents shall mean calendar day unless specifically designated otherwise. 8.2 PROGRESS AND COMPLETION 8.2.1 All time limits stated tn the Contract Documents are of the essence of the Contract. 8.2.2 The Contractor shall begtn the \\Iork on the date of commencement as defined in Subparagraph 8.1.2. The Contractor shall carry the Work forward expeditiously with adequate forces and shall achieve Substantial Com- pletion of the Work within the Contract Time. 8.3 DELA YS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner, the Architect, the Construction Manager, any of their em- ployees, any separate contractor employed by the Owner, or by changes ordered in the Work, labor disputes, {ire, unusual delay in transportation, adverse weather condi- tions not reasonably anticipatable, unavoidable casualties, any causes beyond the Contractor's control, delay author- ized by the Owner pendinR arbitration, or by any other cause which the Construction ''''anager determines may justify the delay, then the Contract Time shall be ex- tended by Change Order for such reasonable time as the Construction Manager may determine. 8.3.2 Any claim for extension of time shall be made in wnting to the Construction Manager not more than twenty days after the commencement of the delay; other- wise it shall be waived. In the case of a continuing delay only one claim is necessary. The Contractor shall provide an estimate of the probable effect of such delay on the progress of the Work. 8.3.3 If no agreement is made statin~ the dates upon which interpretations as provided in Subparagraph 2.3.11 shall be furnished, then no claim for delay shall be allowed on account of iailure to iurnish such interpreta- tions until fifteen days after wrillen request i~ made for them. and not then ~nless such claim i~ reasonable. 8.3.4 This Paragraph 83 doe, not exclude the recO\'er\, of damages ior delay b\ either fJarl\ under other pro\'i- 'Ion' oi the Contract Document' ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is "aled tn the Owner-Contrac- tor ,-\greement and. including authOrIZed adjustments rheret~. is the total amount P,1\ ahle bv the Owner to the Contractor jor the perform,lOre oi the Work under the Contract Documents. A201/CM -1980 14 AI" DOCUMENT Al01/CM. GE"ERAl CO.....DITIO'S Of 'THE CO':~^CT fOR CO\'STRL'CT10', CO'STRLCTlOS MA'\AGE\1E'T [01110'\ . IL':-o..E 1c30 EDIT!OS . AlA!" . ...c; 1980 . ,THE "'UR1C".....'S5T1TL'H OF .\RCHIHCF '-j; 'E\\ \.('~"" ".\.~ ,\\ \\.\<-HI'C!O' DC _00", WARNING: iJn'lIcensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 10/08/93 00750 14 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Con- tractor shall submit to the Construction Manager a schedule of values allocated to the various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect and the Con- struclion Manager may require. This schedule. unless objected to by the Construction Manager or the Architect, shall be used only as a basis for the Contractor's Applica- loons for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least fifteen days before the date for each progress payment established in the Owner-Contractor Agreement. the Contractor shall submit to the Construc- tion Manager an itemized Application for Payment, notar- Ized if required, supported by such data substantiating the Contractors right to payment as the Owner, the Ar- chitect or the Construction Manager may require, and re- ilecting retainage, if any, as provided elsewhere in the Contract Documents. The Construction Manager will as- ,emble the Application with similar applications from other contractors on the Project into a combined Project Application for Payment and forward it with recommen- dations to the Architect within seven days. 9.3.2 Unless otherwise provided in the Contract Docu- ments, 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 bv the Owner, payments may similarly be made for mate- rials or equipment suitably stored at some other loca- tion agreed upon in writing. Payments 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 estab- lish the Owner's title to such materials or equipment or otherwise protect the Owner's interest, including applica- ble insurance and transportation to the site for those materials and equipment stored off the site. 9.3.3 The Contractor Wimants that title to all Worle, materials and equipment covered by an Application for Payment will pass to the Owner either by incorporation in the construction or upon receipt of payment by the Contraclor. whichever occurs first. free and clear of all liens, claims. security interests or encumbrances. herein- ailer referred 10 in this Article 9 as "liens"; and that no Work. materials or equipment covered by an Application for Payment will have been acquired by the Contractor. or bv any other person performing Work at the site or furnishing materials ;md equipment for the Project. sub- Ject to an agreement 4lnde, which an interest therein or an encumbranCl: ~ ~ re-tJined by the seller or oth- e""ise imp~ b.... the ContToK1or ot such other person. 9.4 CfITlfiC4TfS FOR PAYMENT 9.4.1 The A.rchitect will, within seven days after the re- ceipt of the Project Application for Payment with the rec- ommendations of the Construction Manager, review the Project Application for Payment and either issue a Project Certificate for Payment to the Owner with a copy to the Construction Manager for distribution to the Contractor for such amounts as the Architect determines are prop- erlv due. or notify the Construction Manager in writing of the reasons for withholding a Certificate as provided in Subparagraph 9.6.1. Such notification will be forwarded to the Contractor by the Construction Manager. 9.4.2 The issuance of a Project Certificate for Payment will constitute a representation by the Architect to the Owner that. based on the Architect's observations at the site as provided in Subparagraph 2.3.4 and the data com- prising the Project Application for Payment, the Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Docu- ments (subject to an evaluation of the Work for conform- ance with the Contract Documents upon Substantial Completion of the Work. to the results of Jny subsequent tests required by or performed under the Contract Docu- ments, to minor deviations from the Contract Documents correctable prior to completion, and to any specific quali- fications stated in the Certificate); and that the Contrac- tor is entitled to payment in the amount certified. How- ever, by issuing a Project Certificate for Payment, the Ar- chitect shall not thereby be deemed to represent that the Architect has made exhaustive or continuous on-site in- spections to check the quality or quantity of the Work, has reviewed the construction means, methods, tech- niques, sequences or procedures. or has made any exam- ination to ascertain how or for what purpose the Contrac- tor has used the monies previously paid on account of the Contract Sum. 9.5 PROGRESS PAYMENTS 9.5.1 After the Architect has issued a Project Certificate for Payment, the Owner shall make payment in the man- ner and. within the time provided in the Contract Docu- ments. 9.5.2 The Contractor shall promptly pay each Subcon- tractor 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 Subcon- tractor is entitled, renecting the percentage actually re- tained. if any, from payments to the Contractor on ac- count of such Subcontractor's Work. The Contractor shall, by an appropriate agreement with each Subcontractor, require each Subcontractor to make payments to their Sub-subcontractors in similar manner. 9.5.3 The Architect may, on request and at the Archi- tech discretion. furnish to any Subcontractor, if prac- ticable, information regarding the percentages 0; com- pletion or the amounts appliE"d for by the Contractor and the action taken thereon by the Architect on account of Work done br such Subcontractor. 9.5.4 Neither the Owner. the Architect nor the Construc- tion Manager shall have any obligation to pavor 10 see to the payment of any monies to any Subcontraclor except as may otherwise be required by law. 9.5.5 No certification of a progress payment. any prog- ress payment, or any partial or entire use or occupancy of the Project by the Owner. shall constitute an accept- ance of any Work not in accordance with the Contract Documents. 9.6 PAYMENTS WITHHElD 9.6.1 The Architect. following consultation with the Construction Manager. ma~' decline to certify payment 15 A201/CM -1980 AlA DOCUMENT AlOI/CM . G[SERAl COSOITIO'-S OF THE COSTRACT FOR CO"STRl:CTiO... CONSTRUCTION MANAGEMENT EDiTiON . JUNE 1980 EDITION . AIAt< . @ 1980 . THE A\HRICA" ,",STiTUTE OF ARCHITECTS. 1~35 SEW YORK A\E . "1\ . WASHI'-GTO". DC :?OOOG WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 10/08/93 00750 - 15 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY and may withhold the Certificate in whole or in part to the extent necessary to reasonably protect the Owner, if, In the Architect's opinion, the Architect is unable to make representations to the Owner as provided in Subpara- graph 9.4.2. If the Architect is unable to make representa- tions to the Owner as provided in Subparagraph 9.4.2, and to certify payment in the amount of the Project Ap- plication, the Architect will notify the Construction Man- ager as provided in Subparagraph 9.4.1. If the Contractor and the Architect cannot agree on a revised amount, the Architect will promptly issue a Project Certificate for Pay- ment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also decline to certify payment or, because of subse- quently discovered evidence or subsequent observations. the Architect may nullify the whole or any part of any Project Certificate for Payment previously issued to such extent as may be necessary, in the Architect's opinion, to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence in- dicating probable filing of such claims; .3 failure of.the Contractor to make payments prop- erly to Subcontractors, or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted 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 Conlr,;!ct Time; or .7 persistent failure to carry 0111 the Work in accord- ance with the Contract Documents. 9.6.2 When the grounds in Subparagraph 9.6.1 above are remolled, payment YJ,;!II be made for amounts with- held because of them. 9.7 F.4K.UIfOfP1\YMfNT 9.7.1 If the Construction Manager should fail to issue lecommendations within seven days of receipt of the Contractor's Application for Payment, or if, through no fault of the Contractor, the Architect does not issue a Project Certificate for Payment within seven days after the Architect's receipt of the Project Application for Pay- ment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Doc- uments any amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven addi- tional days' written notice to the Owner, the Architect and the Construction Manager, stop the Work until pay- ment of the amount owing has been received. The Con- tract Sum shall be increased by the amount of the Con- tractor's reasonable costs of shut-down, delav and start- up, which shall be effected by appropriate Change Order in accordance with Paragraph 12.3. 9.8 SUBSTANTIAL COMPLETION 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which is acceptable to the Owner, is substantially complete as defined in Subpara- graph 8.1.3, the Contractor shall prepare for the Construc- tion Manager a list of items to be completed or cor- rected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work 10 accordance With the Contract Documents. When the Architect, on the baSIS of inspection and con- sultation with the Construction Manager, determines that the Work or designated portion thereof is substantially complete, the Architect will then prepare a Certificate of Substantial Completion of the Work which shall establish the Date of Substantial Completion of the Work, shall state the responsibilities of the Owner and the Contractor for security, maintenance, heat. utilities, damage to the Work and insurance, and shall iix the time within which the Contractor shall complete the items listed therein. The Certificate of Substantial Completion of the Work shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them ,n such Certificate. 9.8.2 Upon Substantial Completion of the VI/ork or desig- nated portion thereof, and upon application by the Con- tractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Con- tract Documents, 9.8.3 When the Architect, on the basis of inspections, determines that the Project or designated portion thereof is substantially complete, the Architect will then prepare a Certificate of Substantial Completion of the Project which shall establish the Date of Substantial Completion of the Project and fix the time within which the Contrac- tor shall complete any uncompleted items on the Certif- icate of Substantial Completion of the Work. 9.8.4 Warranties required by the Contract Documents shall commence on the Date of Substantial Completion of the Project or designated portion thereof unless other- wise provided in the Certificate of Substantial Comple- tion of the Work or designated portion thereof. 9.9 FINAL COMPLETION AND FINAL PAYMENT 9.9.1 Following the Architect's issuance of the Certificate of Substantial Completion of the Work or designated por- tion thereof, and the Contractor's completion of the Work, the Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance, and shall also forward to the Construction Manager a final Application for Payment. Upon receipt, the Construction Manager will make the necessary evaluations and fOI\\'ard recommendations to the Architect who will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully per- formed. the Architect will issue a Project Certifiate for Payment which will approve the iinal payment due the Contractor. This approval w"l constitute a representation that. to the best of the Architect's knowledge, informa- tion and belief, and on the baSIS of obsel\'ations and in- spections, the Work has been completed in accordance with the Terms and Conditions of the Contract Docu- ments and that the entire balance found to be due the Contractor, and noted in said Certificate, is due and pay- able. The Architect's approval of said Project Certificate for Payment will constitute a further representation that the conditions precedent to the Contractor's being en- titled to final payment as set forth in Subparagraph 99.2 have been fulfilled. .;: AlA DOCUMENT A201/CM . GE"ERAl cO,",OITIO,",S Of THE CO"TRACT fOR CO"STRUCTlON CONSTRUCTION MANAGEMENT EOITION . JUNE 1980 EOIllON . AIAfl . @ 1980 . THE AMERICAN INSTITUTE or ARCHITECTS 173S "EW YORK AVE. " W . WASHI"GTON. o.C :!0006 A201/CM - 1980 16 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 10/08/93 00750 - 16 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 9.9.2 Neither the final payment nor the remaining retain- age shall become due until the Contractor submits to the Architect, through the Construction Manager, (1) an affi- davit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for Which the Owner or the Owner's property might in any way be responsible, have been paid or otherwise satis- fied, (2) consent of surety, if any, to final payment, and (31 if required by the Owner, olher data establishing pay- ment or satisfaction of all such obligations, such as re- ceipts, releases and waivers of liens arising out of the Contract, to the extent and in such form as may be desig- nated by the Owner. If any Subcontractor refuses to fur- nish a release or waiver required by the Owner, the Con- tractor may furnish a bond satisfactory to the Owner to ,ndemndy the Owner against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.9.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by the issuance of Change Orders affecting final completion, and the Construction Manager so confirms, the Owner shall, upon application by the Contractor and certification by the Architect and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipu- lated in the Contract Documents, and if bonds have been furnished as provided in Paragraph 7.5, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Construction Manager prior to certification of such payment. Such pay- ment shall be made under the Terms and Conditions gOY- erning final payments, except that it shall not constitute a waiver of claims. 9.9.4 The making of final payment shall, after the Date of Substantial Completion of the Project, constitute a waiver of all claims by the Owner except those arising from; .1 .2 unsettled liens; faulty or defective Work appearing after Substan- tial Completion of the Work; .3 failure of the Work to comply with the require- ments of the Contract Documents; or .4 terms of any special warranlles required by the Contract Documents. '9.9.5 The acceptance of final payment shall, after the Dale of Substanllal Completion of the Project, constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contrac- tor as unsettled at the time of the final Application for Payment. 9.9.6 All provisions of this Agreement. including with- out limitation those establishing obligations and proce- dures. shall remain in full force and effect notwithstand- ing the making or acceptance of final payment prior to the Date of SubstantIal Completion of the Project. ARTICLE 10 PROTECTION Of PERSONS AND PROPERTY 10.1 SAFID PRECAUTIONS AND PltOCRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. 10.2 SAFID OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take all reasonable precau- tions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: .1 all employees on the Work and all other persons who may be affected thereby; .2 all the Work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of the Contractor's Subcon- tractors or Sub-subcontractors; .3 other property at the site or adjacent thereto, in- cluding trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 the work of the Owner or other separate contrac- tors. 10.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as re- quired by existing conditions and the progress of the Work, all reasonable safeguards for safety and protection, mcluding posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy all damage or Joss (other than damage or loss insured under Para- graph 11.3) to any property referred to in Clauses 10.2.1.2 and 10.2,1.3 caused in whole or in part by the Contrac- tor. any Subcontractor, any Sub-subcontractor. anyone di- rectly or indirectly employed by any of them. or by any- one for whose acts any of them may be liable, and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to the acts or omissions of the Owner. the Architect, the Con- struction Manager or anyone directly or indirectly em. ploved by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obliga- tions of the Contractor are in addition to the Contractor's obligations under Paragraph 4.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless f ! . ..........: 17 A201/CM -1980 AlA DOCUMENT A2Il/CM . GE"ERAl CONDlTIO'lS OF THE CONTRACT FOR CO"STRUCTIO" CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . ...,.... . @ 1980 . THE ^"ERIC"''' '''STITL:TE or "'RCHITECTS. 173S "E\\" YORK AVE "W I\"^~HI"CTON DC :!OOOf, WARNING: Unlicensed photocopying violates U.S. copyright 1_ Ind '1lUbject 10 Iegll prosecution. 10/08/93 00750 - 17 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY otherwise designated by the Contractor in writing to the Owner and the Construction Manager. 10.2.7 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In any emergency affecting the safety of persons or property the Contractor shall act, at the Contractor's discretion, to prevent threatened damage. injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Article 12 for Changes in the Work. ARTiClE 11 INSURANCE 11.1 CONTRACTOR'S lIABtllTY INSURANCE 11.1.1 The Contractor shall purchase and maintain insur- ance for protection from the claims set forth below which may arise out of or result from the Contractor's opera- tions under the Contract, whether such operations be'by the Contractor or by any Subcontractor, or by anyone di- rectly or indirectly employed by any of them, or by any- one for whose acts any of them may be liable: .1 claims under workers' or workmen's compensa- tion, disability benefit and other similar employee benefit acts; .2 claims for damages because of bodily injury, occu- pational sickness or disease, or death of the Con- tractor's employees; .3 claims fOf damages because of bodily injury, sick- ness or disease, or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal in- jury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such per- son by the Contractor, or (2) by any other person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and .6 claims for damages because of bodily injury or death of any person or property damage arising out of the 010\ ~(ship. m.1intenance or use of any molor ve-hic\e. 11.1.2 The Insurance reqUired by Subparagraph 11.1.1 shall be written for not less than any limits of liability specified In the Contract Documents or reqUIred by law. whichever is greater. 11.1.3 The insurance required by Subparagraph 11.1.1 shall include contractual liability insurance applicable to the Contractor's obligations under Paragraph 4.18. 11.1.4 Certificates of Insurance acceptable to the Owner shall be submitted to the Construction Manager for trans- mittalto the Owner prior to commencement of the Work. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least thirty days' prior written notice has been given to the Owner. 11.2 OWNElt'S LIABILITY INSURANCI 11.2.1 The Owner shall be responsible for purchasing and maintaining Owner's liability insurance and, at the Owner's option, may purchase and maintain insurance for protection against claims which may arise from operations under the Contract. ~. 11.3 PROPERTY INSURANCE 11.3.1 Unless othef\....ise provided, the Owner shall pur- chase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Construction Manager, the Conlractor, Subcontractors and Sub-subcontractors in the Work, and shall insure against the perils of fire and extended coverage and shall Include "all risk" insurance for physical loss or damage including, without duplication of coverage, theft, van- dalism and malicious mischief. If the Owner does not intend to purchase such insurance for the full insurable value of the entire Work, the Owner shall inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, the Contrac- tor's Subcontractors and the Sub-subcontractors jn the Work. and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is dam- aged by failure of the Owner 10 purchase or maintain such insurance and to so notify the Contractor, then the Owner shall bear all reasonable costs properly attributa- ble Ihereto. If not covered under the all risk insurance or otherwise provided in the Contract Documents, the Contractor shall effect and maintain similar property .in- surance on portions of the Work stored off the site or in transit when such portions of the Work are to be in- cluded in an Application for Payment under Subpara- ~raph 9.3.2. 11.3.2 The Owner shall purchase and maintain such boiler and machinery insurance as may be required by the Contract Documents or by law. This insurance shall include the interests of the Owner, the Construction Man- ager, the Contractor, Subcontractors and Sub-subcontrac- tors in the Work. 11.3.3 Any loss insured under Subparagraph 11.3.1 is to be adjusted with the Owner and made payable to the Owner as trustee for the insureds, as their interests may appear, subject 10 the requiremenls of any applicable mortgagee clause and of Subparagraph 11.3.8. The Con- traclor shall pay each Subcontractor a just share of any Insurance monies received by the Contractor, and by ap- propflale agreement, wrillen where legally required for validity. shall require each Subcontractor to make pay- ments to their Sub-subcontractors in similar manner. 11.3.4 The Owner shall file a copy oi all policies with the Contractor before an exposure to loss may occur. 11.3.S Ii the Contractor requests in writing that insur- ance for risks other than those described in Subpara- graphs 11.3.1 and 11.3.2. or other special hazards, be Included In the property insurance policy, the Owner shall. if pOSSible. include such insurance. and the cost thereof shall be charged to the Contractor by appropriate Change Order. AlA DOCUMENT A201/CM . GENERAL CO,,<DITlO,"S Of THE CO"TRAC1 fOR CO,"STRUCTIO" CO~STRLJCT10!,; .'-I.~"AGE.'-IEST EDITION . )UI'E 1980 EDITIO." . AlA" . @ 19110 . THE "'ERICA" I"STlTL H Of 'RCHIHCTS. 1735 NE\\" YORK WE ... \\' \\'~5HI"GTO". D C ~ooo;, A201/CM -1980 18 WARNING: Unlicensed photocopying violates U.S. copyrlglll laws and Is subject to legal prosecullon. 10/08/93 00750 18 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 11.3.6 The Owner ind the Contractor waive all rights against (1) each other and the Subcontractors, Sub-sub. contractors, agents and employees of each other, and (2) the Architect, the Construction Manager and separate con- tractors, if any, and their subcontractors, sub-subcontrac- tors, agents and employees, for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Paragraph 11.3 or any other property in- surance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by the Owner as trustee. The foregoing waiver afforded the Architect, the Construction Manager, their agents and employees shall not extend to the liability imposed by Subparagraph 4.18.3. The Owner or the Contractor, as appropriate, shall requare of the Architect, the Construc- tion Manager, separate contractors, Subcontractors and Sub.subcontractors by appropriate agreements. written where legally required for validity, similar waivers each in favor of all other parties enumerated in this Sub- paragraph 11.3.6. 11.3.7 If required in writing by any party in interest, the Owner as trustee shall, upon the occurrence of an in- sured loss, give bond for the proper performance of the Owner's duties. The Owner shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach, or in accordance with an award by arbitration in which case the procedure shall be as provided in Para- graph 7.9. If after such loss no other special agreement is made, replacement of damaged Work shall be covered by an appropriate Change Order. 11.3.8 The Owner, as trustee, shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object, in writing within five days after the occurrence of loss, to the Owner's exercise of this power, and if such objection be made, arbitrators shall be chosen as provided in Paragraph 7.9. The Owner as trustee wIt in that case, make settlement with the insurers in <<cord.lnce with rhe directions of such arbi- trators. If distribution of the insurance proceeds by arbi- tration is required, the arbitrators will direct such dis- tribution. 11.3.9 If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy shall not commence prior to a time mutually agreed to by the Owner and the Contractor and to which the insurance company or com- panies providing the propertv insurance have consented by endorsement to the policv or policies. This insurance shall not be canceled or laosed on account of such partial occupancy. Consent of the Contractor and of the insur- ance company or companies to such occupancy or use shall not be unreasonablv withheld. 11.4 LOSS OF USE INSURANQ 11.4.1 The Owner, at the Owner's option, may purchase and maintain insurance for protection against loss of use of the Owner's property due to fire or other hazards. however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused, to the extent covered by insurance under this Paragraph 11.4. ARTICLE 12 CHANGES IN THE WORK 12.1 CHANGE ORDERS 12.1.1 A Change Order is a written order to the Con- tractor signed to show the recommendation of the Con- struction Manager, the approval of the Architect and the authOrization of the Owner, Issued after execution of the Contract, authorizing a change in the Work or an adjust- ment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order signed by the Contractor indicates the Contractors agreement there- with. including the adjustment in the Conlract Sum or the Contract Time. 12.1.2 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting oi additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All such changes in the Work shall be aulhorized by Change Order, and shall be performed under the applicable conditions of the Contract Docu- ments. 12.1.3 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following ways: .1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; ,2 by unit prices stated in the Contract Documents or subsequently agreed upon; .3 by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 by the method provided in Subparagraph 12.1.4. 12.1.4 If none of the methods set forth in Clauses 12.1.3.1,12.1.3.2 or 12.1.3.3 is agreed upon, the Contrac- tor, provided a written order $igned by the Owner is re- ceived, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by the Architect, after consultation with the Construction Man- ager, on the basis of the reasonable expenditures and savings of those performing the Work allributabJe to the change, including, in the case of an increase in the Con- tract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clauses 12.1.3.3 and 12.1.3.4 above. the Contractor shall keep and present, in such iorm as the Owner, the Architect or the Construc- tion Manager may prescribe. an itemized accounting to- gether with appropriate supporting data for inclusion in a Change Order. Unless otherwise provided in the Con- tract Documents, cost shall be limited to the following: cost of materials. including sales tax and cost of delivery; cost of labor, including social security. old age and unemployment insurance, and fringe benefits required by agreement or custom; workers' or workmen's compensa- tion insurance; bond premiums; rental value of equip- ment and machinery; and the addihonal costs of super- vision and field office personnel directly allributable to the change. Pending final determination of cost to the Owner, payments on account shall be made on the Ar- chitect's approval of a Project Certificate far Payment. . ~ 19 A201/CM -1980 "." DOCUMENT "201/CM . GE'ER"l ca'>DITIO'S Of THE COSTRACT rOR CONSTRUCTIO'l CONSTRUCTION MANAGEMENT EDIlION . JUNE 1980 EDIlION . ."IAe . @ 1980 . THE .AMERICAN INSTITUTE Of ARCHITECTS. ,735 NEW YOR~ A\f . '> \\. . \\ ASHI'>GTON, D.C 2llOOli WARNING: Unlicensed photocopying vloI8l.. U.S. copyrl9htl8WS and Is subject to .1 proseeutlon. 10/08/93 00750 - 19 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY The amount of credit to be allowed by the Contractor to the Owner for any deletion or change which results in a net decrease in the Contract Sum will be the amount of the actual net cost as confirmed by the Architect after consultation with the Construction Manager. When both additions and credits covering related Work or substitu- tions are involved in anyone change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change. 12.1.5 If unit prices are stated in the Contract Docu- ments or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the. agreed unit pnc.es to the quantities of Work proposed will cause substantial inequity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted. 12.2 CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Conlract Documents, or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing struc- ture of an unusual nature, differing materially from those ordinarily encountered and generally recognized as in. herent in work of the character provided for in this Con- tract, be encountered, the Contract Sum shall be equita- bly adjusted by Change Order upon claim by either party made within twenty days after the first observance of the conditions. 12.3 CLAIMS fOR ADDITIONAL COST 12.3.1 If the Contractor wishes to make a claim for an increase in the Contract Sum, the Contractor shall give the Architect and the Construction Manager written no- tice thereof within twenty days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or .prop- erty in which ase the Contractor shall proceed 10 ac- cordance with Paragraph 10.3. No such claim shall be valid unless so made. Ii the Owner and the Contractor cannot agree on the amount of the adjustment in. the Contract Sum, it sJ1all be determined by the Architect after consulfdtio" lI>ilh the Construction Manager. Any change in lhe Cont~act Sum resulting from such claim ,hall be aulhofil~ by Change Order. 12.3.2 If \ne Contractor claims that additional cost is in- \'olved because of, but not limited to, (1) anv written in. terpretation pursuant to Subparagraph 2.3.11, 12' any or- der by the Owner to stop the Work pursuant to Para- graph 3.3 where the Contractor was not at fault. or any such order by the Construction Manager as the Owner's agent, (3) any written order for a minor change in the Work issued pursuant to Paragraph 12.4, or 14) failure of payment by the Owner pursuant to Paragraph 9.7. the Contractor shall make such claim as prOVided 10 Sub. paragraph 12.3.1. 12.4 MINOR CHANGES IN THE WORK 12.4.1 The Architect will have authority to order minor changes in the Work not involving an adJu,tment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued through the Construction Manager, and shall be binding on the Owner and the Contractor. The Contractor shall carry out such written orders promptly. . .' ARTICLE 13 UNCOVERING AND CORRECTION OF WORK 13.1 UNCOVERING Of WORK 13.1.1 If any portion of the Work should be covered contrary to the request of the Architect or the Construc- tion Manager, or to requirements specifically expressed in the Contract Documents, it must, if required in writing by either, be uncovered for their observation and shall be replaced at the Contractor's expense. 13.1.2 If any other portion of the Work has been cov- ered which the Architect or the Construction Manager has not specifically requested to observe prior to its being covered, either may request to see such Work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Contract Documents, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work be found not in accordance with the Contract Documents, the Contractor shall pay such costs unless it be found that this condition was caused by the Owner or a separate contractor as provided in Article 6, in which event the Owner shall be responsible for the payment of such costs. 13.2 CORREOION Of WORK 13.2.1 The Contractor shall promptly correct all Work rejected by the Architect or the Construction Manager as defective or as failing to conform to the Contract Docu- ments whether observed before or after Substantial Com- pletion of the Project and whether or not fabricated, in- stalled or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensa- tion for the Architect's and the Construction Manager's additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Project or designated portion thereof, or within one year after acceptance by the Owner of designated equipment, or within such longer period of time as may be prescribed by law or bv the terms of any applicable special warranty required by the Contract Docu- ments, any of the Work is found to be defective or not in accordance with the Contract Documents. the Contractor ,hall correct it promptly after receipt of a wrillen notice from the Owner to do so unless the O",ner has previ- ously gl\en the Contractor a wrillen acceptance of such condition. This obligation shall survive both flOal payment for the Work or de5ignated portion thereof and termina- tion of the Contract. The Owner shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all portion< of the Work which are defective or nonconform- ing and which have not been corrected under Subpara- graphs 4.5.1, 13.2.1 and 13.2.2, unless remo\al is waived by the Owner. 13.2.4 Ii the Contractor faih \0 correct defective or non- conforming Work as provided in Subparagraphs 4.5.1, AlA DOCUMENT A201/CM . GP'ERAL CO"011l0'-, Of THE CO'-H~CT fOR CO'-\1RUCTIO'- COSSTRUCTION MANAGEMENT EOITlON . JUNE 1980 WIT ION . AlA" . <D 19l1O . THE A'IE RICA" I"STITUTE Of ARCHITECTS. 1735 "EI\" YOR~ .\1 E "1\ WASHi"GTO'- O.C ,IJOOI. A201/CM - 1980 20 WARNING: lfr\'llcensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 10/08/93 00750 - 20 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 13.2.1 .nd 13.2.2, the Owner m.y correct it in accord.nce with Par.gnlph 3.4. 13.2.5 If the Contractor does not proceed with the cor- rection of such defective or nonconforming Work within a reasonable time fixed by written notice from the Archi- tect issued through the Construction Manager, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may, upon ten additional days' written notice, sell such Work at auction or at pri- vate sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Archi- tect's and the Construction Manager's additional services made necessary thereby. If such proceeds of sale do not cover all co'sts which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the differ- ence to the Owner. 13.2.6 The Contractor shall bear the cost of making good all work of the Owner or separate contractors de- stroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed tCI establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents, including Paragraph 4,5 hereof. The establishment of the time periods noted in Subparagraph 13.2.2, or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the Contractor's obligation to comply with the Contract Doc- uments may be sought to be enforced, nor to the time within which proceedings may be commenced to estab- lish the Contractor's liability with respect to the Contrac- tor's obligations other than specifically to correct the Work. 13.3 ACCEPTANCE OF DEFECTIVE OR NONCONFORMING WORK 13.3.1 If the Owner prefers to accept defective or non- conforming Work, the Owner may do so instead of requir- ing its removal and correction, in which case a Change Order will be issued to rt'ilect a reduction in the Contract Sum where .appropriate and equllable. Such adjustment shall be effe(led whether or not Hnal payment has been made. ARTiClE 14 TERMINATION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 If the Work is stopped for a period of thirty days under an order of any cOllrt or other public authority having jurisdiction, or as a result of an act of government such is a declaration of . national emergency making materials unavailable, through no act or fault of the Con- tractor or a Subcontr.c1or or their agents or employees or any other persons performing any of the Work under a contract with the Contractor, or if the Work should be stopped for a period of thirty days by the Contractor be- cause of the Construction Manager's failure to recom- mend or the Architect's failure to issue a Project Certifi- cate for Payment as provided in Paragraph 9.7 or because the Owner has not made payment thereon as provided in Paragraph 9.7, then the Contractor may, upon seven addi- tional days' written notice to the Owner, the Architect and the Construction Manager, terminate the Contract and rt'cover from the Owner payment for all Work executed and for any proven loss sustained upon any materials, equipmenr, tools, construction equipment and machinery, including reasonable profit and damages. 14.2 TERMINATION IV THE OWNER 14.2.1 If the Contractor is adjudged a bankrupt, or makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of the Contrac- tor's insolvency, or if the Contractor persistently or re- peatedly refuses or fails, except in cases for which exten- sion of time is provided, to supply enough properly skilled workers or proper materials, or fails to make prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having juris- !ion, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, and fails within seven days after receipt of written notice to commence and continue correction of such default, neglect or viola- tion with diligence and promptness, the Owner, upon certification by lhe Architect after consultation with the Construction Manager that sufficient cause exists to justify ~uch action, may, after seven days following receipt by the Contractor of an additional written notice and with- out prejudice to any other remedy the Owner may have, terminate the employment of the Contractor and take posse!;sion of the site and of all materials, equipment, tools, construc1ion equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the Owner may deem expedient. In ~uch case the Contrac1or shall not be entitled to receive any further payment until the Work is finished. 14.2.2 If the unpaid balance of the Contract Sum ex- ceeds the costs of finishing the Work, including compen- sation for the Architect's and the Construction Manager's additional ~ervlces made necessary thereby, such excess ~hall be paid to the Contractor. If such costs exceed the unpaid balance. the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or to the Owner. as the case may be, shall be certified by the Architect, upon application, in the manner provided in Paragraph 9.4, and this obligation for payment shall <urvive the termination oi the Contract. 21 A201/CM -1980 41A DOCUMENT A20tICM . CE'ERAl CO'DITIO'S Of ,HE CO"TRACT fOR CONSTRUCTlOf' CONSTRUCTION MA"ACEME!'o:T EDITION . Jl '-E ~980 EDITION . AlAe . <<> 1980 . THE ~"ERICA" I."STITllE Of ARCHITECTS "1, "Ell 'OR~ ~\[ . 'II.. \\ASHI"CTO,". D.C. 20006 WARNING: Unlicensed photocopytng ylolates U.S. copyright laws and I. subject to Iegaf prosecution. 10/08/93 00750 - 21 GENERAL CONDITIONS BIG COPPITT FIRE FACILITY SECTION 00800 SUPPLEMENTARY GENERAL CONDITIONS Information contained in this Supplementary Conditions amends, supplements or clarifies the "General Conditions of the Contract for Construction, Construction Management Edition, AlA Document A201/CM dated June 1980 Edition. In cases of conflict between the General Conditions and these Supplementary Conditions, wording of this Section shall govern. ARTICLE 1 1. Subparagraph 1.1.3 - third line-after the word "construction," delete the remaining words and insert the following: "and all supplies, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities, services, and incidentals necessary for the proper execution and completion of such construction; except as expressly noted in the Scope of Work or the General Requirements of the Contract." 2. Subparagraph 1.2.1 - delete in its entirety. 3. Add new subparagraph 1.2.5 as follows: "Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work." 4. Add new subparagraph 1.3.2 as follows: "Unless otherwise provided in the Contract Documents, the Trade Contractor will be furnished, free of charge, ~l copies of Drawings and specifications reasonably necessary for the execution of the Work." ARTICLE 2 1. Subparagraph 2.2.1 - after the word "representative", add: "The term Construction Manager means the Construction Manager acting through his authorized representative." 2. Subparagraph 2.3.4 - first sentence after the word "Architect," add "along with the Construction Manager." 3. Subparagraph 2.3.7 - after the word "properly," add: "It is the intent of the Contract Documents to allow the Construction Manager to schedule the performance of all Work and the contractors are expected to follow all such schedule direction. Should a contractor, either in person or through his subcontractor, supplier, or vendor, fail to maintain 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 1 progress according to the Project Schedule and approved Contractor's Schedule, or cause delay to another Contractor: he shall furnish additional labor and/or services such as overtime as may be necessary to brinq his operations UP to schedule. all at no additional cost to the Owner." 4. subparagraph 2.3.15 - delete in its entirety. 5. subparagraph 2.3.18 delete the word "reasonable" in the sixth (6th) line. After the word "promptness", add "consistent with the constraints of the project schedule so as to cause no delay." 6. subparagraph 2.3.21 - first line - delete the words "the Construction Manager will assist the Architect", and substitute, "The Architect will assist the Construction Manager." 7. subparagraph 2.3.23 - delete the phrase "against whom the Contractor makes no reasonable objection and." Also, delete the last sentence in the subparagraph in its entirety. ARTICLE 3 1. Subparagraph 3.2.1 - delete in its entirety. 2. Subparagraph 3.3.1 - delete from the last sentence the phrase, "..., except to the extent required by Subparagraph 6.1.3". 3. Subparagraph 3.4.1 - substitute three (3) days notice in each case for the seven (7) day notices stipulated. Add at end of subparagraph the following: "In the event of clean- up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of a serious nature, as determined by the CM, notice will given, and contractor is required to rectify deficiency immediately." ARTICLE 4 1. subparagraph 4.1.1 - delete in its entirety and insert the following: "The Contractor is the same person or entity identified as the Trade Contractor. A Trade Contractor is the person or entity identified as such in the Agreement between the Owner or Construction Manager and a Trade Contractor. The term Trade Contractor includes one who furnishes material worked to a special design but does not include one who furnishes material not so worked and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Trade Contractor means the Trade Contractor or his authorized representative." 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 2 2. Add new subparagraph 4.4.3 as follows: "The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or state regulations including abuse of alcohol or drugs, will because for permanent dismissal from the project. If any Contractor employee is determined to be detrimental to the project, as deemed by the Construction Manager, the Contractor will remove and/or replace the employee at the request of the Construction Manager. Employees dismissed from the project will be transported from the jobsite at the Contractor's expense." 3. Add new subparagraph 4.4.4 as follows: "The Trade Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment." 4. Add new subparagraph 4.4.5 as follows: "The Trade Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Trade Contractor agrees to cooperate with the Construction Manager, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected." 5. Subparagraph 4.7.1 - delete in its entirety and replace with: "The Contractor shall secure and pay for all permits, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Owner will not assess any County permit or County impact fees for the building permit. Upon execution of the Contract, the Owner shall transfer the building permit to the Contractor. The Contractor shall secure and pay for all specialty permits for the building such as plumbing, electrical, HVAC, etc." 6. Subparagraph 4.9.1 - add the following sentence: "The superintendent shall be satisfactory to the Construction Manager and shall not be changed except with the consent of the Construction Manager, unless the superintendent proves to be unsatisfactory to the Trade Contractor or ceases to be in his employ." 7. Subparagraph 4.10.1 - add the following sentence: "This schedule, to be submitted within three (3) days after Contract Award, shall indicate the dates for the starting 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE fACILITY 00800 - 3 and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to the Construction Manager's approval." 8. Add new subparagraph 4.10.2: "The Construction Manager will conduct a weekly scheduling meeting which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems." 9. Add new subparagraph 4.12.9: "If materials specified in the Contract Documents are not available on the present market, the Trade Contractor may submit data on substitute materials through the Construction Manager to the Architect/Engineer for approval by the Owner. ., 10. Subparagraph 4.14.1 - add at line 3 after "properlyll: "He shall also provide protection of existing work as required." 11. subparagraph 4.14.2 - at end of paragraph, add: "When structural members are involved, the written consent of the Architect/Engineer shall also be required. The Trade Contractor shall not unreasonably withhold from the Construction Manager or any separate contractor his consent to cutting or otherwise altering the Work.1I 12. Add new subparagraph 4.14.3: "The Trade Contractor shall arrange for any blockouts, cutouts, or opening required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Trade Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, any such blockout, cutout opening, or other hole in any fire-rated floor, ceiling, wall, security wall, or any other finished surface". 13. subparagraph 4.15.1 - at end of paragraph, add: IIClean up shall be performed to the satisfaction of the Owner or Construction Manager. II 14. Add new subparagraph 4.16.2: "The Trade Contractor shall promptly return telephone calls or respond to any other form of communication initiated by the Construction Manager. Failure to promptly do so shall be considered a lack of performance on the part of the Trade Contractor, and may be considered grounds for replacement of site personnel." 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 4 15. Add new Subparagraph 4.16.3: "AIl written correspondence to the Construction Manager shall be serialized, dated, and signed by an authorized representative of the Trade Contractor. The correspondence shall be directed to: Mr. Larry Keys Morrison-Knudsen/Gerrits 5090 College Road Key West, Florida 33040 or hand delivered to Morrison-Knudsen/Gerrits' office. Serialization procedures will be provided to the Trade Con1:ractor in the pre-construction meeting." Each trade contractor shall be required to check his designated mailbox regularly. This mailbox will be made available, and located by the Construction Manager. 16. Subparagraph 4.18 - delete in its entirety and insert "Indemnification and Hold Harmless" and the following: liThe Contractor covenants and agrees to indemnify and hold hannless Monroe County, Monroe County Board of County Commissioners, and Morrison-Knudsen/Gerrits from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County and Morrison-Knudsen/Gerrits) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its subcontractors in any tier, occasioned by the negligence or other wrongful act or omission of the Contractor or its subcontractors in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Con1tractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement." ARTICLE 5 1. Subparagraph 5.2.3 - delete in its entirety and insert the following: "If the Owner or Construction Manager refuses to accept any person or entity on a list submitted by the Trade Contractor in response to the requirements of the Contract Documents, the Trade Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution." 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 5 ARTICLE 6 1. Subparagraph 6.1.1 - delete the last sentence. 2. Subparagraph 6.1.3 - delete in its entirety, and insert the following: "It shall be the responsibility of each contractor to coordinate his work with the work of other contractors on the site. The Owner and Construction Manager shall be held harmless of any and all costs associated with improper coordination." 3. Subparagraph 6.2.5 - sixth line, after the word "initiates," delete the words "an arbitration proceeding" and substitute "a claim;" tenth line, delete the words "at the Owner's expense, and"; thirteenth line, after the words "and court or," delete the word "arbitration" and substitute "claim." 4. Add new subparagraph 6.2.6: "Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify the Construction Manager in writing, of his contention: Setting forth (A) The cause for the delay, (B) A description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to the Construction Manager with (72) hours after the delay has ceased to exist. It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Construction Manager for an increase in the contract price, nor a claim against the Owner or Construction Manger for a payment or allowance of any kind for damage, loss or expense resulting from delays: Nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time." 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 6 ARTICLE 7 1. Subparagraph 7.1.1 - delete in its entirety and insert the following: "The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the state of Florida." 2. Subparagraph 7.2.1 - delete in its entirety and insert the following: "The Owner or Construction Manager (as the case may be) and the Trade Contractor each binds himself, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other." 3. Add new Subparagraph 7.2.2: "The Trade Contractor shall not assign any monies due or to become due under this Contract without prior written consent of t:he Owner or Construction Manager." 4. Subparagraph 7.8.1 - delete in its entirety. 5. Paragraph 7.9 'Arbitration' and all associated subparagraphs 7.9.1, 7.9.2, & 7.9.3 - delete in their entirety. ARTICLE 8 1. Subparagraph 8.3.1 - delete in its entirety and insert the following: "If the Trade Contractor is delayed, at any time, in the progress of the Work, by any act or neglect of the Owner, Construction Manager, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Trade Contractor's control, or by delay authorized by the Owner, Construction Manager, or by any othE~r cause which the Construction Manager determines may just:ify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as the Construction Manager may determine, in accordance with subparagraph 6.2.6." 2. Subparagraph 8.3.2 - replace the remainder of the Paragraph aftE~r the word "waived" in line 4 with the following: "Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 7 necessary, but the Trade Contractor shall report the termination of the cause for the delay within twenty (20) days after such termination; otherwise, any claim for extension of time based upon that cause shall be waived." 3. subparagraph 8.3.4 - delete in its entirety and insert the following: "It shall be recognized by the Trade Contractor that he may reasonably anticipate that as the job progresses, the Construction Manager will be making changes in, and updating Construction Schedules. No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules which are of the type ordinarily experienced in projects of similar size and complexity." 4. Add new subparagraph 8.3.5: "If the Project is delayed as a result of the Trade Contractor's refusal or failure to begin the Work on the date of commencement as defined in paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Trade Contractor causing the delay shall be liable, but not limited to, delay claims from other Trade contractors which are affected." ARTICLE 9 1. Subparagraph 9.3.3 - add at line 14 after the word "person": "All Trade subcontractors and Trade Sub-subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Trade Contractor." 2. subparagraph 9.5.1 - add: "From the total of the amount determined to be payable on a progress payment, 10 percent of such total amount will be deducted and retained by the Owner until final payment is made. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. When not less than 95 percent of the work has been completed, the Owner may, at his/her discretion (and with the consent of the surety), prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, (whichever is greater), of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the contractor shall not be entitled to demand or receive progress payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by the 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG CQPPITT FIRE FACILITY 00800 - 8 Construction Manager to be a part of the final quantity for the item of work in question. No progress payment shall bind the Owner to the acceptance of any materials or work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 3. Add new subparagraph 9.5.6: "All material and work covered by partial payments made sha.ll thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Tra.de Contractor from the sole responsibility for the materials and work upon which payments have been made or the restoration for any damaged material, or as a waiver to the right of the Owner or Construction Manager to require the fulfillment of all the terms of the Contract." 4. Add new subparagraph 9.5.7: "Except in case of bonafide disputes, or where the Trade Contractor has some other justifiable reason for delay, the Trade Contractor shall pay for all transportation and uti.lity services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Trade Contractor shall pay, to each of his Trade Subcontractors, not: later than the end of the calendar month in which each payment is made to the Trade Contractor, the representative amount allowed the Trade Contractor on account of the work performed by his Trade Subcontractor interest therein. The Trade Contractor shall, by an appropriate agreement with each Trade Subcontractor, also require each Trade Subcontractor to make payments to his suppliers and Trade Sub-subcontractors in a similar manner." 5. Subparagraph 9.6.1 - delete in its entirety and insert the following: "The Construction Manager/Architect may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Trade Contractor and Construction Manager cannot agree on a revised amount, the Construction Manager shall process the Application for the amount he deems appropriate. The Construction Manager may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, he may nullify, in whole or part, any approval previously made to such extent as may be necessary in his opinion because of: (1) defective work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Trade contractor to make payments properly to Trade Subcontractors or for labor, 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 9 materials, or equipment; (4) reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to the Construction Manager, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. 9.6.1.1 No payment shall be made to the Trade Contractor until certificates of insurance or other evidence of compliance by the Trade Contractor, within all the requirements of Article 12, have been filed with the Owner and Construction Manager. Further, no payments on the basis of work performed by a Trade Subcontractor shall be paid until copies of all bonds required by Paragraph 7.5 and any certificates of insurance required of the Trade subcontractors under Article 12 have been filed with the Owner." 6. Subparagraph 9.7 - delete in its entirety. ARTICLE 11 1. Delete Article 11 in its entirety and insert Article 11; "Insurance and Bonds" and the following subparagraphs: Prior to commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at their own expense, insurance as specified in the attached schedules, which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 10 comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in thh. Agreement and any penalties and failure to perform assE~ssments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall provide, to the County in care of the Construction Manager, as satisfactory evidence of the required insurance, either: o Certificate of Insurance or o A certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, it's employees and officials, and Morrison Knudsen/Gerrits will be included as "Additional Insured" on all policies, except for Worker's Compensation. In addition, the County will be named as an additional insured and loss payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 11 M(lNRO~ COUNTY. FLO~ID^ INSURANCE CIU:CKUST .-OR V[/,\OORS SUUM1TTING PROroSALS FOR WORK \ \ To assist in the development or your proposal, the insurance co..'cr:lgcS Olal ked \loith ~n . X. will be required in the event an award is made to your firm Plca5e review lhis form with your insur ance agent and have himlher sign it in the placc provided. It is also required thntthe bidueI sign the fonn and submit it with ~.ach propos.a.l. WORKERS' COMPENSATION AND EMPLOYERS'L1ABILlTY x Workers' Compensation EmployCIs Liability Employea liability Employers liability US Longshoremen &. Harbor Worl:.ers Act federal Jones Act Statutory limits $100,000/$500,000/$ 100,000 $ 500, OOO/S 500,000/$ 500,000 $I,ooo,OOOIS 1,000,000/$ 1,000,000 S?Jne as Employers' Liability Same as Employers' liability WCI WC2 WC) WCUSLH WCJA )( ( l Mmlf'\l~nliw Jf'l'lt.r\....1;.,.... INSet< LST '4MOI 6 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 12 I ~. I GENERAL ltJ\BILlr( ~ a min'imwn. the required gencralliabiUty coven~cs will include: · PremiSts Operations . Blanket Contractual . E.1lpanded Definition of Property Damage . . Produc1s And Completed Ope~(ions Personal Injury Required Limits: GLI $ /00,000 per Person; S300,000 per Oc.cuncnce $50,000 Property Damage or $300,000 Combined Single Limit $250,000 per Person; $500,000 per Occunence $50,000 Property Damage or $500,000 Combined Sin~Ie Limit $500,000 per Person; $/,000,000 per Occunence $100,000 Property Damage or SI,OOO,OOO Combined Single limit GL2 GL3 )( . Required Endorsement: l GLXCU GlLlQ Underground, Explosion and Collapl'C (XCU) Liquor Liability All endorsements are required to have the same limits as thc basic poricy. ^dmini<l~II\( Ir~lC"4 '~70? 01 INSCKLST 7 00800 - 13 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY YUiKLE LIABILITY AJ. minimum. coverage should c.x1cnd 10 liabilily for: . Owned; Nonowned; a.nd Hired Vehicles \ Required Limits: V13 x SSO,OOO per Person' Sloo,OOO per OcclJn enee S25,ooo Property Damage or SIOO,OOO Combined Single Limit Sloo,OOO pes Person; 5300,000 per Oceunence $50,000 Property Oamage or S3oo,ooo Combined Single Limit $500,000 per Person; S 1,000,000 per Occurrence S 100,000 Property Damage or $1,000,000 Combined Single Limit \Ill VL2 MISCELLANEOUS COVERAGES C. I3Rl Builders' Umits equal to the Risk completed project. MVC Motor Truck limits equal to the maximum Cargo value of anyone shipment. PROl rroressional S 250,000 per OccurrcncclS 500.000 Agg. PR02 liability S 500,000 per OcwrrencelSl,OOO,OOO Agg. PR03 S 1,000,000 per OccurrencelS2,OOO,OOO Agg. POll Pollution S 500,000 per Ocwrrcnoo'S 1,000,000 Agg. POL2 liability 51,000,000 pet OccurrencclS2,OOO,OOO Agg. POLl 55,000,000 per OccurrencelS 10,000,000 Agg. EDl -- Employee S 10,000 ED2 Dishonesty $100,000 GKl Garage $ 300,000 ($ 25,000 per Veh) GKl Keepers $ 500,000 ($100,000 per Veh) GK3 S 1,000,000 (5250,000 p.:r Veh) MEDI Medical $ 500,000/$ J ,000,000 Agg. MED2 Plorossional 5 J ,000,000/$ 3.000,000 Agg. M ED3 $\OOO,ooO/S 10,000,000 Agg. ( , M'\ltnl~li\c Ino;1J\)("1foe I~SCKLST ,nO? 01 I 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 14 I IF VlPI VlP2 VlPJ BlL IIKLI t (K L2 HKL) ALRI AIR2 AJRJ AEOI AE02 AEOJ . Inslanition f10a fer Maximum \'lfue or Equipment Installed I 'ILIr dous Car&o Transporter Bailcc Liab. S 300,000 (Requircs MCS-90) S 500,000 (Requircs MCS-90) $1,000,000 (Requires MCS-90) Maximum Value or Property Han~arlecpcrs liability S 300,000 S 500,000 $ 1,000,000 $25,000,000 $ 1,000,000 S 1,000,000 Aircraft Liability Architects Enors &. Omissions S 250,000 per Occurrenccl$ 500,000 Agg. S 500,000 per Occunc:ncel$l,OOO.OOO Agg. S 1,000,000 per OccurrenceJS3,OOO,OOO Agg. INSURANCE AGENTS STATEMENT I have reviewed the above requiremenls with the bidder named bdow. The following dcductibles apply 10 the corresponding policy. ( POLICY DEDUCTIBLES Liability pc.licies are _ Occurrence Claims Made Insurance Agency Signature ~IDDERS STATEMENT I understand the insurance tllal will be mandatory if awarded the conlract and will comply in full with an the requirements. ^dmll";d.nti\'t Jrl"':21'\Jo..1K. 1(709 01 Bidder Signalurc INSCKLST y 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 15 I PUBLIC CONSTRUCTION BOND BY THIS BOND, We and as Surety, are bound to herein called Owner, in the sum of $ for payment of which we bind ourselves, or heirs, representatives, successors, and assigns, jointly , as Principal , a corporation, personal and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , 19 , between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and; 3. Pays Owner all losses, damages, including damages for delay, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATE ON , 19 (NAME OF PRINCIPAL) BY (AS ATTORNEY IN FACT) (NAME OF SURETY) 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 16 11.1.8 Throughout the term of the contract, the Owner shall purchase and maintain property insurance on the completed value of the permanent facility only. The completed value is defined as all material, labor, supplies, and equipment intended to be incorporated in and to become a permanent part of the completed facility. Such insurance shall include perils of fire, lightning, and extended perils. The facility as defined for this paragraph includes structures as defined in the contract drawin9s and specifications. Notwithstanding any provisions contained in this paragraph, the Contractor shall be responsible for the first $10,000 on any loss governed by this section. The Contractor understands that the Owner's property insurance policy contains certain exclusions which are available upon request from the Construction Manager. 11.1.9 Public Construction Bond The Owner shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner in this section as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of section 255.05, Florida Statutes, which are incorporated herein. ARTICLE 12 1. Subparagraph 12.1.2 - Add to end of paragraph, "The Construction Manager will prepare each Change Order in the format of the AlA Document G701/CM. 2. Subparagraph 12.1.3 - under item .1, add the following at the end of the sentence, 'I, as set forth in subparagraph 12.1.6" 3. Subparagraph 12.1.4 - delete in its entirety and insert the following: "If none of the methods set forth in Clauses 12.1.3.1, 12.1.3.2 or 12.1.3.3 is agreed upon, the Contractor, provided a written order signed by the Owner or Construction Manager is received, shall promptly proceed with the Work involved. The cost of such work shall then be determined by daily force accounts in a form acceptable to the Owner and Construction Manager. The daily force account forms shall identify contractor and/or subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each extra work activity claim. Each daily force account form shall be signed by the designated Construction Manager's representative no later than the close of business on the day 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 17 the work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to the Construction Manager with all supporting documentation required by the Construction Manager for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; workers' or workmen's compensation insurance; and the rental value of equipment and machinery. Mark-ups for overhead and profit will be in accordance with subparagraph 12.1.6. Pending final determination of cost, payments on account shall be made as determined by the Construction Manager. The amount of credit to be allowed by the Trade Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in anyone change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change." 4. Add new subparagraph 12.1.6: "The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workman's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered, the credit shall be the net cost. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: 12.1.6.1 If the Trade Contractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%). 12.1.6.2 If the Trade Subcontractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%). If the Trade Contractor does not enter into the Work, the maximum mark up for managing this work will be ten percent (10%). 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 18 12.1.6.3 If the Trade Subcontractor performs part of the actual work, his percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%) on his direct work only. If the Trade Contractor performs part of the actual work, his percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%) on his direct work only. 5. Add new subparagraph 12.1.7: "The Trade Contractor shall furnish to the Owner through the Cons.truction Manager, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Any additional supporting documentation reqUiested by the Construction Manager such as certified quotations or invoices shall be provided by the Contractor to the Construction Manager at no additional cost to the Owner." 6. subparagraph 12.3.1 - delete in its entirety and insert the following: "If the Trade Contractor claims that any instructions given to him by the Construction Manager, by drawings or otherwise, involve extra work not covered by the Contract, he shall give the Construction Manager written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Trade Contractor shall proceed in accordance with Paragraph 10.3. The written notice to the Construction Manager for the extra work shall include a complete description of the extra work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this Subparagraph is given by the Trade Contractor." 7. subparagraph 12.3.2 - change the word 'agent' in the 7th line, to 'representative'. 8. Add new subparagraph 12.3.3: "Unless otherwise agreed in writing, the Contractor shall carryon the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 7.1.1. The Contractor shall 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 19 maintain completed daily force account forms in accordance with subparagraph 12.1.4 for any dispute or claim item." ARTICLE 14 1. Subparagraph 14.1.1 - starting at the 8th line, delete the phrase, "..., or if the Work should be stopped for a period of thirty days by the CONTRACTOR because of the CONSTRUCTION MANAGER'S failure to recommend or the ARCHITECT'S failure to issue a Project Certificate for Payment as provided in paragraph 9.7 or because the OWNER has not made payment thereon as provided in Paragraph 9.7". 2. subparagraph 14.1.1 - add to the last sentence: "excluding home office overhead." 3. Subparagraph 14.2.1 - change the words 'seven days' in the 13th and 18th line, to 172 hours'. ************************ END OF SECTION 00800 10/08/93 SUPPLEMENTARY GENERAL CONDITIONS BIG COPPITT FIRE FACILITY 00800 - 20 -._ONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS OWNER ARCHITECT CONTRACTOR SURETY OTHER AlA Document C706 o o o o TO (Owner) I L PROJECT: (name, address) ARCHITECT'S PROJECT NO: -, CONTRACT FOR: ~ CONTRACT DATE: State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AlA Document A201, he,reby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims a'gains! the Contractor for damages arising in any manner in connection with the performance of the Contract referencl~d above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none, write "None". If requirec.i by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Consent at Surety to Final Payment. Whenever Surety is ifi\'olved, Consent of Surety is required. AlA DOCUML"l G707. CONSENT OF SURETY, may be \I'.;ed fur this pwpose. Indicate attachme.nt: (yes ) (no ). The following supporting documents should be at- tached hereto if required by the Owner: 1. Contractor's Release or Waiver of Liens, condi- tional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Sub- contractors and material and equipment sup- pliers, to the extent required by the Owner, ac- companied by a list thereof. 3. Contractor's Affidavit of Release of Liens (AlA DOCUMENT G706A). CONTRAOOR: Address: BY: Subscribed and sworn to before me this day of 19 Notary Public: My Commission hpires: AlA DOCUMENT G71l6 . CONTR"CTOI1'S AfFlDWI1 OF 'AYMENT OF DEBTS AND CLAIMS' APRil 1970 EDITION AIA@ . (;) 1970' THE AMERICA:>: I~STH\,lTf Of ~P.CHITECT5, 1735 NEW YORK AVE., NW. WASHINGTON. D.C. 20006 ONE PAGE 10/08/93 00900-1 AFFIDAVIT OF PAYMENT OF DEBTS & CLAIMS BIG COPPITT FIRE FACILITY \. 'ONTRAC lOR'S AFFIDAVIT OF ~ RELEASE OF LIENS AlA DOCU,\-fENT G70M OWNER CJ ARCHITECT 0 CONTRACTOR . 0 SURETY 0 OTHER TO (Owner) I ARCHITECT'S PROJECT NO: "I CONTRACT FOR: L -l CONTRACT DATE: PROJECT: (name, address) State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AlA Document A201, hereby certifies that to the best of his knowledge, information "IOd belief, eltcepl as listed below, the Releases or Waivers of lien attached hereto include the Contractor, all Subcontractors, all suppliel'S of materials and equip- ment, and all performers of Worle, labor or services who have or may have liens against anv !)fOperly of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) ( SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: 1. Conl,acRlt', R..lease or Waiver of Liens, condi- tional upon receipt 01 final payment. 2. SepJrate ReW.A.ses or Waivers of liens from Sub- contractors and material and equipment sup- pliers, to the extent required by the Owner, ac- companied by a list thereof. Address: BY: Subscribed and sworn to before me this day of 19 Notary Public: My Commission Expires: AlA DOCUMENT (;706A . CONTRACTOR'S AffIDAVIT OF RElEASE OF LIENS' APRil 1970 EDITION' AIAi!lI @ 1970' THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., NW, WASHINGTON, D.C. 20006 O:-'E PAGE 10/08/93 AFFIDAVIT OF RELEASE OF LIENS BIG COPPITT FIRE FACILITY 00905 - 1 COt-.1SENT OF SURETY COMPANY TO FINAL PAYMENT AlA DOCUMENT G707 OWNER ARCHITECT CONTRACTOR SURETY OTHER B o o PROJECT: (name, address) TO (Owner) I I ARCHITECT'S PROJECT NO: CONTRACT FOR: L CONTRACTOR: .J CONTRACT DATE: In accordance with the provisions of the Contract between the Owner and the Cantractor as indicated above, the (Ml'e in~rt n.m(' .nd .~s of Sur~tr CompAnyt , SUKffi COMPANY, on bond of rhere in~rt nlme .nd addre.. of Contractor) , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve thE~ Surety Company of any of its obligations to lMR insert nlme Ind IcIcIrns ol Owrwrl , OWNER, as set kK1h m the said Surety Company's bond. IN WITNESS WHERfOf. the Surety COD9.a1'rf ba ~nto set it~ hand this day of 19 Surety Company Attest: (Seal): Signature of Authorized Representative Tille NOTE: This form is to be used as a companion document to AlA DOCUMENT G706. CONTRACTOR'S AffIDAVIT Of PAYMENT Of DEBTS AND CLAIMS, Current Edition AlA DOCUMENT G707 . CONSENT Of SURETY COMPANY TO fiNAL PAY'-'ENT' APRil 1970 EDITION' AlAS C> 1970' THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK A\1.. NW, WASHINGTON. D.c. 20006 ONE PAGE 10/08/93 CONSENT OF SURETY TO FINAL PAYMENT BIG COPPITT FIRE FACILITY 00910 - 1 SECTION 00970 PROJECT SAFETY AND HEALTH PLAN 1.1 REGULATIONS AND POLICIES 1.1.1 1.2 1.2.1 Every Contractor and Subcontractor employed on the Project shall comply with all applicable local, State, and Federal safety and health regulations and with Morrison-Knudsen Company, Inc. safety and health policies as described herein. PROJECT SAFETY AND HEALTH REQUIREMENTS It is recognized that it is good business and evidence of competent leadership to prevent the occurrence of incidents that lead to occupational injuries or illnesses. Safety and health requirements on this project include, but are not limited to, , the following: .1 In general, this accident prevention policy is based on a sincere desire to eliminate personal injuries, occupational illnesses, and equipment and property damage; and to protect the general public exposed to or associated with the work. .2 The importance of the safety of all workers on the project shall be recognized and accident prevention shall be an integral part of all operations. .3 Each Contractor and Subcontractor shall conduct work in a safe and practical manner in conformance with the OSHA Safety and Health Regulations and the latest edition of the Manual of Accident Prevention, Associated General Contractors of America. .4 Each Contractor and Subcontractor shall observe all applicable Federal, State, local and project laws and regulations pertaining to safety and health, pollution control, water supply, fire protection, sanitation facilities, waste disposal and other related items. .5 The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with the OSHA and Emergency Phone Number posters. .6 A record of all occupational injuries and illnesses shall be maintained. Medical and lost time cases shall be properly recorded on the OSHA log, and reported to MORRISON-KNUDSEN/GERRITS. A 10/08/93 00970 - 1 PROJECT SAFETY & HEALTH PLAN BIG COPPITT FIRE FACILITY copy of the insurance report for workmen compensation cases shall be provided to MORRISON- KNUDSEN/GERRITS. .7 Each contractor and Subcontractor shall provide or arrange for adequate first aid facilities, emergency transportation and persons qualified in first aid. .8 Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. .9 Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be removed daily or placed in appropriate waste containers. All materials, tools, and equipment shall be stored in a safe and orderly fashion. Each contractor shall donate 10% of their staff to a crew that will convene every Friday at 1:00 pm for a joint site clean-up effort not to exceed a duration of three hours. In summary, there will be a 3-part clean-up plan. The first part consists of the contractor cleaning up on a daily basis, his workstations, and his trade work. The second part consists of the general clean-up, the concerted effort by all trade contractors working on the project. A minimum of (1) crew is to be utilized by each contractor, or 10%, whichever is more. The third part consists of the Owner cleaning up for a particular trade contractor should adequate notice not compel him to clean up his work. In this case, the appropriate contractors will be backcharged. .10 This project shall be a Hard Hat job and all supervisors, employees and visitors shall be required to wear a suitable hard hat while on the project site. .11 other appropriate personal protective equipment shall be provided and worn as required including but not limited to long pants, shirts with sleeves and appropriate leather work boots. .12 Temporary construction aids such as ladders, scaffolds, stairs, railings, etc. shall be provided to facilitate access or working conditions in a manner that shall conform to the safety standards specified by Federal, state, Local or manufacturer's recommendations or 10/08/93 PROJECT SAFETY & HEALTH PLAN BIG COPPITT FIRE FACILITY 00970 - 2 stipulations. .13 Each Contractor and Subcontractor shall be expected to indoctrinate his employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. .14 If MORRISON-KNUDSEN/GERRITS notifies any Contractor of any noncompliance with the provisions of this program, the Contractor shall make all reasonable efforts to immediately correct the unsafe conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, MORRISON- KNUDSEN/GERRITS shall take one or more of the following steps: a. Cease the operation or a portion thereof. b. stop payment for the work being performed. c. Correct the situation using other forces and back charge the Contractor expenses incurred. d. Increase withholding in proportional increments for that given pay period. .15 All Contractor's Superintendents shall be required to attend and participate in all general project safety meetings. These meetings will be included in the weekly coordination meetings as previously specified or on an as needed basis. .16 All Contractors shall conduct Weekly Tool Box Safety Training Meetings, and shall document the minutes on the forms provided. These forms are to be transmitted to Morrison-Knudsen/Gerrits on a weekly basis. All employees working at the project site shall be required to attend and participate in the meetings. .17 Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard Analysis (phase plan) shall be prepared by the contractor and submitted to Morrison- Knudsen/Gerrits for approval. The analysis will address the hazards for each activity to be performed in that phase and will present the procedures and safeguards necessary to eliminate 10/08/93 00970 - 3 PROJECT SAFETY & HEALTH PLAN BIG COPPITT FIRE FACILITY 1.3 1.3.1 1.4 1.4.1 1.5 1. 5.1 the hazards or reduce the risk to an acceptable level. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform work. The analysis will be discussed by the contractor and Morrison-Knudsen/Gerrits on-site representatives at the Preparatory Inspection Meeting. Work will not proceed on that phase until the Activity Hazard Analysis (phase plan) has been accepted by Morrison-Knudsen/Gerrits. .18 No personal radios or stereos will be allowed on the jOb-site. FIRE PROTECTION Every Contractor and Subcontractor employed on the Project shall exercise good construction practices to prevent fire. It shall be the responsibility of the Contractor to insure that general fire protection facilities are adequate for his work and to provide additional fire protection facilities and devices, including fire extinguishers as required by their scope of work. WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES It shall be the Contractor's sole and exclusive responsibility (a) to provide personnel capable of working adjacent to energized electrical lines or other utilities; (b) to provide adequate, safe and properly maintained equipment; (c) to conduct all of his work in accordance with the safety rules and regulations prescribed by the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation and Maintenance of Electrical Supply and Communication Lines Hand Book 81, Occupational Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction and as specified elsewhere herein, or as are generally applicable to the type of work being performed; and (d) to continuously supervise and inspect the work being performed to assure that the requirements of (a), (b), and (c) above are complied with and nothing in these Contract Documents shall be held to mean that any such responsibility is the obligation of the Owner or the Architect or the Construction Manager. BARRICADES, WARNING DEVICES AND LIGHTING The contractor shall be solely responsible for providing temporary ladders, guard rails, warning 10/08/93 PROJECT SAFETY & HEALTH PLAN BIG COPPITT FIRE FACILITY 00970 - 4 1.5.2 1.5.3 signs, barricades, night guard lights, and deck or floor closures required in connection with his work to comply with Federal, state and local safety requirements. The Contractor shall be solely and exclusively responsible for the design, construction, inspection and maintenance of such facilities at all times. It shall be the responsibility of the Contractor to provide additional temporary lighting, if needed to maintain safe conditions. It shall be the sole and exclusive responsibility of the Contractor to provide a safe place to work for all laborers and mechanics and other persons employed on or in connection with the project, and nothing in these Contract Documents shall be construed to give any of such responsibility to the Owner, the Architect, or the Construction Manager. ***************************** END OF SECTION 00970 10/08/93 PROJECT SAFETY & HEALTH PLAN BIG COPPITT FIRE FACILITY 00970 - 5 SECTION 00980 CONTRACTOR QUALITY CONTROL PLAN 1.1 1.1.1 1.2 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 MORRISON-KNUDSEN/GERRITS' DUTIES AND RESPONSIBILITIES The Morrison-Knudsen/Gerrits' superintendent will monitor all work performed by the Contractor and assist the Contractor with his conformance of the work to the Contract Drawings and Specifications. CONTRACTOR'S DUTIES AND RESPONSIBILITIES The Contractor is responsible for the quality of the work performed by his work force on this project as well as the quality of the material, equipment and supplies furnished by him to be incorporated into the work. The Contractor will designate a Quality Control Representative who will be on site at all times while the respective Contractor's work is in progress and will have the authority and responsibility to accept or reject items of work. The Contractor's Quality Control Representative may delegate his duties but the primary responsibility and authority will rest on him. The Contractor's Quality Control Representative will coordinate the submittal of all shop drawings, product data and samples to Morrison-Knudsen/Gerrits. Any submittal that is a variance to the contract requirements must be identified as such and transmitted to the Construction Manager for submittal and approval by the Architect/Engineer or Owner. No work requiring submittal of a shop drawing, product data or sample shall commence until the submittal has been reviewed and approved by the Architect/Engineer. The Contractor will bear the responsibility of notifying the designated material-testing laboratory, whether Monroe County or Contractor is required to perform testing of materials as required by the contract drawings and specifications in a timely fashion to prevent needless cancellations and delays of work activities. Any costs caused by untimely notification shall be borne by the Contractor. The Contractor's Quality Control Representative will review his drawings, procurement documents and contracts to insure that the technical information provided and all work performed is in accordance with 10/08/93 00980 - 1 CONTRACTOR QUALITY CONTROL PLAN BIG COPPITT FIRE FACILITY 1.2.6 1.3 1.3.1 the latest revisions of the Contract Drawings and Specifications. The Contractor's Quality Control Representative will perform an inspection upon receipt at the site of the work of all materials, equipment and supplies including those furnished to him by the Owner. Notes from this inspection will be filled out on the appropriate form and included with the Contractor Daily Quality Control Report. Items which are damaged or not in conformance with the respective submittals, quality standards, contract drawings and specifications shall be brought to the attention of Morrison-Knudsen/Gerrits' representative on site and then will be identified and segregated from accepted items. Items thus identified will not be incorporated into the work until corrective action acceptable to Morrison-Knudsen/Gerrits is completed. Items determined unsalvageable will be removed from the job site. These items shall be noted as deficient in the applicable section of the Contractor Daily Quality Control Report. INSPECTION AND TESTING INSPECTION PLAN Morrison-KnUdsen/Gerrits utilizes a mUlti-point inspection plan for each separate feature of work to be performed under this Contract, i.e., work described by each division of the technical provision section of the contract specifications. This plan consists of the following: .1 Preparatory Inspection - Prior to commencing the work, the Contractor's Quality Control Representative will meet with Morrison- Knudsen/Gerrits' Superintendent and the Architect's representative if he so desires to attend and check the following items at a minimum for conformance: (a) Approval of shop drawings and submittals. (b) Approval of inspection and test reports of materials and equipment to be utilized. (c) Completion of previous operations of preliminary work. (d) Availability of materials and equipment required. (e) Potential utility outages. (f) Any other preparatory steps dependent upon the particular operation. 10/08/93 CONTRACTOR QUALITY CONTROL PLAN BIG COPPITT FIRE FACILITY 00980 - 2 Note: Note: (g) Quality standards. (h) Safety or environmental precautions to be observed. (Phase Hazard) Morrison-Knudsen/Gerrits will record the minutes to this inspection meeting and distribute accordingly. .2 Initial inspection - Upon completion of a representative sample of a given feature of the work, the Contractor's Quality Control Representative will meet with the Morrison- Knudsen/Gerrits Superintendent and the Architect's representative if he so desires to attend and check the following items at a minimum for conformance: (a) Workmanship to established quality standards. (b) Configuration to contract drawings and specifications. (c) Construction methods, equipment and tools utilized. (d) Materials and articles utilized. (e) Adequacy of testing methods. (f) Adequacy of shop drawings. (g) Adequacy of safety or environmental precautions. Morrison-Knudsen/Gerrits will record the minutes to this inspection meeting and distribute accordingly. .3 Follow-up Inspections - The Contractor's Quality Control Representative will inspect the work daily to assure the continuing conformance of the work to the workmanship standards established during the preparatory and initial inspections. Additionally, as a part of the follow-up inspection, sign-off sheets will be utilized as often as possible. The intent of these sheets is to achieve concurrence from other trade contractors and responsible parties that ensuing work can indeed commence over underlying work. This will prevent oversights and omissions which could elevate costs. Sign-off sheets shall be used for, but not be limited to, concrete, drywall, ceilings, painting, roofing substrates and flooring. These reports are to be generated by the Contractor and submitted to Morrison- Knudsen/Gerrits' Superintendent for approval prior to the start-up of work. 10/08/93 00980 - 3 CONTRACTOR QUALITY CONTROL PLAN BIG COPPITT FIRE FACILITY 1.3.1.5 1.3.1.6 1.3.2 Note: Note: Failure to generate a sign-off sheet or to attain proper signatures prior to covering up underlying work may affect payment for that piece of work if ensuing problems are detected or not. This disciplinary action shall be carried out via the Nonconformance Report. (See Section 1.4.2 of this plan. ) The Contractor shall be responsible to record these inspections and all other project related activities encountered throughout the day on the Contractor Daily Quality Control Report. .4 Completion Inspections - Upon completion of a given feature of the work, the Contractor's Quality Control Representative will meet with Morrison-Knudsen/Gerrits' Superintendent, if he so desires to attend, to perform an inspection of the completed work. Non-conforming items will be identified and corrected prior to commencement of the next operation. The contractor shall conduct and report corrections of this inspection which shall be a required submittal. Follow-On Inspections - Upon execution of the contractor's completion inspection in elements of the work which result in concealment; such as, ceiling and drywall installations, the Contractor shall schedule and conduct multi-trade or singular inspections prior to covering installation. Note: MK/G will record the minutes to this inspection meeting. Pre-Final Inspection - Upon substantial completion of the project work MK/G shall coordinate and conduct a universal inspection of all areas and elements of the work. The Architect/Engineer may be represented if he so desires. This inspection shall be completed at least (15) days prior to the final substantial completion inspection which shall be conducted by the A/E. All deficiencies and incomplete work should be completed prior to the final substantial completion inspection. OPERATION AND CHECK OUT TESTING The Contractor will provide personnel and equipment to perform the operational tests and check-out of the equipment, facilities or equipment constructed, fabricated or installed under this contract. Morrison- 10/08/93 CONTRACTOR QUALITY CONTROL PLAN BIG COPPITT FIRE FACILITY 00980 - 4 1.3.3 Knudsen/Gerrits' Superintendent will coordinate and witness all such tests. Notification should be given at least ten (10) days in advance of the scheduled tests. FINAL INSPECTION and issuance of the A/E CERTIFICATE OF SUBSTANTIAL COMPLETION Morrison-Knudsen/Gerrits' Superintendent will coordinate and attend all final inspections of the work by the Architect/Engineer. Prior to requesting a final inspection, all tests for the equipment and systems must be completed. Upon completion of the A/E's inspection, the A/E will publish outstanding items and issue a Project certificate of Substantial Completion, which will define the date of 'Turn-Over' to the Owner the care, control and custody. Reference section 00800, Substantial Completion. 1.4 REPORTING 1.4.1 1.4.2 Maintaining accurate and retrievable records is extremely important in the Quality Assurance Program. These records will act as a main source of information in the present and in the future for the entire project management team. The main report that will be utilized to provide this information is the Daily Quality Control Report. Nonconformance Reports may also be issued. DAILY QUALITY CONTROL REPORT The Daily Quality Control Report shall be used to document the summary of daily inspection activities performed by the Contractor's designated Quality Control Representative. It shall include any of the steps of inspection that are performed that day, all test monitoring and any rework of nonconforming items. The daily Quality Control Report section of the Daily Superintendent's Report will be routinely used for daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, section 01385. NONCONFORMANCE REPORT Nonconformance Reports will be issued for work that is found to be in nonconformance with the contract documents or the referenced quality standards. The 10/08/93 00980 - 5 CONTRACTOR QUALITY CONTROL PLAN BIG COPPITT FIRE FACILITY report will be issued by Morrison-Knudsen/Gerrits. It is not the intent to routinely and repeatedly issue nonconformance reports, but to issue them only after normal enforcement standards have been exhausted, or if the work performed is a detriment to the project. A copy of the Nonconformance Report will be forwarded to the Project Manager for his information and/or action. It should also be included in the Contractor's Daily Quality Report package for general review. Nonconformance Reports will be signed off once the deficient item or items have adequately been corrected. This will be done by the issuing superintendent and Project Manager. These sign-offs will be included with a corresponding corrective action taken. significant nonconformances need to be addressed to prevent recurrence. The signed-off report will also be submitted for review. Work activities affected by a Nonconformance Report will proportionally counter-affect payments. Whether that be partial or full retainage will be left up to the discretion of Morrison-Knudsen/Gerrits' management team. 1.5 NOT USED 1.6 AUDITS 1.6.1 Morrison-Knudsen/Gerrits may choose at its option to perform Contractor audits of their Contractor Quality Control Plan at any time. Reports of these audit results will be forwarded to the Project Manager for his action. Any action items noted during an audit for the contractor will be followed up and documented to insure compliance and avoid recurrence. 1.7 SUMMARY The intention of this plan is to create a system of checks and balances that will minimize delays caused by rework and a lack of planning and maximize production and insure that the finished product is one that the entire construction team can pride themselves in. These goals can be achieved by giving the Owner exactly what he has bought. The Owner will expect no more and through Quality Assurance, the construction team will provide no less. ***************************** END OF SECTION 00980 10/08/93 CONTRACTOR QUALITY CONTROL PLAN BIG COPPITT FIRE FACILITY 00980 - 6 SECTION 01027 APPLICATION FOR PAYMENT 1. SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 2 . FORMAT The Application and Certificate for Payment including the continuation Sheet is the required format for submitting invoices. A copy of these forms are included in this section. The Owner reserves the right to modify the format to better suit his internal accounting system. 3. PREPARATION OF APPLICATIONS The contractor is required to comply with the following procedure: 1. Progress payment period ending date is the 25th day of each month. 2. The Work Item Update listing (blank) will be distributed to the Contractor for completion prior to the 15th day of the month. 3. Ten (10) calendar days prior to the 25th (i.e., 15th of the month), work item updates are to be submitted by the Contractor to the CM for work through the period ending date (25th). 4. On or about the 15th or 16th day of the month, the CM will review the copies of the work item update with the field staff and/or the Contractor. 5. From about the 17th to the 20th day of the month, the CM will meet at the jobsite with the A/E to review the recommended work item update listings for A/E approval. 6. From the 21st to the 24th day of the month, the CM will provide the Contractor the reviewed and approved work item update and an application for payment. 7. The Contractor will execute certification by notarized signature of an authorized officer and attach to the Application for Payment, a completed 10/08/93 APPLICATION FOR PAYMENT BIG COPPITT FIRE FACILITY 01027 - 1 and properly executed Affidavit and Partial Release of Lien form also contained in this section prior to the 25th day of each month. 8. On or about the 25th day of each month, the A/E will certify the applications for payment at the monthly jobsite project coordination meeting and the CM will submit them to the Owner for processing or provide notification as stipulated in the General Conditions for withholding. 4 SUBMITTAL PROCEDURES A. The initial Application for Payment will not be processed until the Contractor's construction schedule, the schedule of values, and the initial submittal schedule have been received, reviewed and approved by the Owner's Representative. B. Submit an updated construction and submittal schedule with each Application for Payment. C. Payment Period: Submit once per month. Payment will be made by the Owner within a reasonable time thereafter. 5. SUBSTANTIATING DATA A. When the Owner's Representative requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Indicate Application number and date, and line item by number and description. 10/08/93 APPLICATION FOR PAYMENT BIG COPPITT FIRE FACILITY 01027 - 2 ... I ~ .. ! f 8 II. ~ ~ ~ ~ o .. i ~ I- ~ ~ 8 I- U .. >- '" ~ ~ u 8 .. S IE o ~ ~ ..... lC ;::: o o ~ g ;;;; ... ~ ... ! ... ~ '" II. :::: ~ .... :::- ~ ... ~ c Co ~ U ~ ~ ... ~ i ... ! ... ~ u w ..,. o '" ... ~.. ~8 "'II. ~ ~ ~~ 11 00 i: . ... e:g8:8 .,. . .. . 00.0 ~ 'i .. ... ~ ~~ ~ 00 0 i .. .. a .. ~ ... ~ ~ i ... 1 jt · ~t f .- ... f~ "'''' 8 o i ~ u c '" A ..... c .. ~ ! .. II .. o ~ o ... '" ... ! w '" .. c z u ... III ... '" .. c z u ~ w .. 8 o 8 o w ~ c Co o ~ ~ ~ u C '" ~ t ... 8 o ~ I- .. ! c ~ ~ .. ... '" ~ ... o ... : t j ;; .. . Co ;: III I . .I: .. ! ... l! . ... ... :v :1 .... .- .. .. . u I . .I: ... ... } l! ..... I 0.. .. o ... J... J >-.. ..., ~Co u. ~I j~ ti ... . Co . .I: ... I . 15 i o .. I i I ;; i ... I ~ i i Ii! . " l Ijl)' . j~~ .... t c: ~:! Ij IIi It '151...i c:s... "I -0 !&... ..- r ...... ..... ou.c- J"'=t~ii .- .. .!~ "',Ii! ...... .. ... ~. o ... "'1'0_,- ili~l ......ll ! I~! i :::....i& ....... ~:I...~: u ~~.., .... ~-5"iM' .. lil .. ~""i.~'" ... .. i .. - 0 s- ...> u.!o... ll~i~ at c~. -i-.... t''Zi~1 <<~~... 5oQ.'5Q. ..... 15 II t:.=,,~. ! .. ll~ :: f.... .. Ii ~i... I- u u "11 ~ jgl j Ii r ,. Ii ;:. 11 '" Co f } I 15 ... .. o ... . .. ... " c I ..j J . i~ ~~ U:JI 81 j:; Ii .. . Co ~ .. ! f 1 ~~ "ils ~2 ~Jii i3 -3.!-:' u_ J".S J! "0 :;. I:!! .. r!!l ~~ 'Z.f.. ~j U! I t~ .~j .. .. .. ... .:.!x c;:"z ~(. o 'Z .... i t: !. i i~.!U ...... u-. uo.. !i.!f1 ...~ !~l~;: j~~ .ii c: :II 'Z I tf ..,L.O.L. .u li!l~ ~it 00) . : i'E i i "I ~ ~i &~! i ~ i=l~... ! i U i- 0 ..u IJiI. .... ! .s:i" ~5ls .1:1..1 ~"J" ~!:.~& .,!! :II .1.... 0 ~ .~...o.., u.. ~..- -c:.c -I ~!.~:! :Z't': .....-c-... L"O 0.11- ...c U'--e-'" U . ~ls.f Ii "Ji. eS....:. ~ _ -uo..,_ I- .... I J i . ~ .. o ... 8 II. ... ~ ~ II. ~ '" ~ .. I- U ... ~ - z U '" C 'ft i.. . >- .. .. .. .. o . :1[..... 1 '> .. '" i: ... . Co 10/08/93 APPLICATION FOR PAYMENT . BIG COPPITT FIRE FACILITY 01027 - 3 /: or .. ~ c .. . ~ . a Ii ~ .. i i ... .. .. II< ooocoooC' 8888888g 00000000 oc g88~~~~g 00000000 ----------- '=' 8 o ~ o g o 8 o . . . . . 8 o o ~ o 8 o .. ~ c .: ~ :; 'i .. .. u ... . .. ~ :l u .. CO <. .... i ... "& 88888888 00000000 .. .. ... 880.8~~8~8C). o 00000 88888888 00000000 ----------- III ;:) .... c .... III .... u C II< .... Z CO u ocQ.:8~~~~~~~ 8.00000000 u , II 88888888 00000000 l i In 88888888 00000000 l!! t 2i' .. . o 88888888 00000000 III ~ Ii ~ .... u .. ~ D- III ~ .... .. II> ~ U ~ : III III ~ Q .... -' -' -' "- Q i ~~~ In ~ -' N II> C "- -' .... .... c ... III Z C) -' .... :;> II< III II> C ... .... II< ... :; II< i .... z z X III III C ... 8 D .. Z ... ... c '" ~ .. .c ... iil c -' II< ... 0 .. co II> U .... .... ... .. .. .. ~ C) C) C) C) 0 0 C) C) .. u li: .. ~ .. .. .. .. .. '0 .. .. &' I N .... ~ In 8 "- co ~ 15 15 >- 0 C) C) C) 0 .. .. .. .. C) C) C) 0 0 C) C) C) ... u u ... ... 10/08/93 APPLICATION FOR PAYMENT BIG COPPITT FIRE FACILITY 01027 - 4 -t !- ..c ~~ ~,. j ... j j ... j j ... ik' /" !5 i i i ,i ." .- c- -I ... -I l ... -, -, l ...~. - .. I I . .. .. "'~ - .. ~I . ,~ I .. "!t: r ,I .. ... e.. 5- u.. eM ! .. -.. . .. jJ .. . . e .. ... 0- .. .... 'I aM N I I I I ... I I III I I ... e .. e.. ~ . .. g g 8 ~ g 8 8 8 :i .u 0 .. .. .. 0 0 .. .. II: .... .... .. III -.e.. ~I 0- ~~ -)0. 8 8 8 g 8 8 8 8 c!! .. t~ .. 0 c 0 0 C> 0 0 .. ..... i 1 '" ~I' 0 . , ... 3 . . r , . . I! , Ii . ~, I ' , t"i . . . 8 8 8 8 8 8 ~ 8 jl: : .. - . 0 .. 0 0 0 0 .. 0 ~ lei & ii' 10/08/93 APPLICATION FOR PAYMENT BIG COPPITT FIRE FACILITY 5 .. A. .. u ... III ! : ! ~ 0- .. U ... ~ ... III ft i ~ 0- ... ft ... e '" ... 0- e.. e ~ III .. .... ... 0- '" III ... III "'0- e 0- .. i '" 0- ... ........ '" 0- Z i e.. e..;c III I III ... g I s~s~ .. ... III ~ II< ... a ~ ... ... . .., U 0- 0- e.. : ... .. :; . .. r . , .. .. .. .. .. .. .. .. q: .. ..&. ... .... u' .. "0 i 0 .. ~.., . .. "lillilll ... .. lil ~.... .. .... .. ~I N .... ~ g ~ 8 ~ ~ .. ~ .~ .. .. 8' .. .. .. .. e l5 l5 .. ..... .. .. .. .. .. l5 .. ~UUA. M U .. ~ MONROE COUNlY c/o MORRISON-KNUDSEN/GERRITS AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NUMBER: _PERIOD ENDING DATE: APPLICATION DATE: KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum S , to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or services for the improvement of the following described property: FIRE FACILITIES ROOF REAP IRS: CONCH KEY, ISLAMORADA, MARATHON NO.2, & TAVERNIER As part of this PARTIAL RELEASE. THAT UNDERSIGNED HEREBY CERTIFIES the following: THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of $ , as of the date of the Partial Release and the undersigned has received $ as payment on the adjusted contract amount as of the date of this Partial Release. THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the subject property have been paid in full. Any and all suppliers of labor, material or services for improvement to the subject property, who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for nonpayment: (If none, write "None") AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT CLAIMANT THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been collected for F.I.C.A and withholding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those subcontractors/suppliers amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty or Maintenance Agreement. WITNESS MY HAND THIS day of ,19_. Witness Name of Company Witness Signature, Title 10/08/93 APPLICATION FOR PAYMENT BIG COPPITT FIRE FACILITY 01027 - 6 SECTION 01200 PROJECT MEETINGS PART 1 -. GENERAL 1 SUMMARY A. Section includes: 1. Project meetings 2 ThE! CONSTRUCTION MANAGER'S RESPONSIBILITY A. Construction Manager shall schedule and administer pre- construction meeting, periodic progress meetings, and specially called meetings throughout progress of the Work. 1. Prepare agenda for meetings. 2. Provide notice of each meeting 24 hours in advance of meeting date, or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. c. Furnish three copies of minutes to the Architect. B. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. The Architect and the Owner's Representative may attend meetings to ascertain that the Work is expedited consistent with the Contract Documents and construction schedules. 3 PRE--CONSTRUCTION MEETING A. Location: A central Site designated by the Construction Manager. B. Attendance: 1. The Owner's Representative. 2. The Architect and his professional consultants (as 10/08/93 PROJECT MEETINGS BIG COPPITT FIRE FACILITY 01200 - 1 required) . 3. Construction Manager. 4. The contractor's superintendent. 5. Major subcontractors. 6. Major suppliers. 7. others as appropriate. C. suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. projected Construction Schedules. 2. critical Work sequencing. 3. Major equipment deliveries and priorities. 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Proposal requests. c. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of the Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Office, work and storage areas. b. The Owner's requirements. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first-aid procedures. 12. security procedures. 13. Housekeeping procedures. 14. Distribute meeting minutes within (3) days. 4 WEEKLY PROGRESS MEETINGS A. The Contractor's Project Manager and/or Superintendent shall be required to attend a weekly scheduling meeting. B. Location of the meetings: Office of the Construction Manager. c. Attendance: 1. The Architect and his professional consultants as needed. 2. Contractors as appropriate to the agenda. 3. suppliers as appropriate to the agenda. 4. Others. D. suggested Agenda: 1. Review of Work progress since previous meeting. 10/08/93 PROJECT MEETINGS BIG COPPITT FIRE FACILITY 01200 - 2 2. Field observations, problems, conflicts. 3. Problems which impede Construction Schedule. 4. Review of off-site fabrication, delivery schedules. 5. Corrective measures and procedures to regain projected schedule. 6. Revisions to Construction Schedule. 7. Progress, schedule, during succeeding Work period. 8. Coordination of schedules. 9. Review submittal schedules. 10. Maintenance of quality standards. 11. Pending changes and substitutions. 12. Review proposed changes for: a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the Project. 13. Other business. 14. Distribute meeting minutes. ******************** END OF SECTION 01200 10/08/93 01200 - 3 PROJECT MEETINGS BIG COPPITT FIRE FACILITY SECTION 01301 SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Submit to the Construction Manager, shop drawings, product data, certifications and samples required by the technical sections. 2. Prepare and submit a separate schedule listing dates for submission and dates for review. B. Related Sections: 1. Section 00750 - GENERAL CONDITIONS 2. Individual submittals required: refer to each specific section, for certifications, shop drawings, product data and sample requirements. 1.2 SUBMITTAL TRANSMITTAL FORM A. Attached, and made a part of this section 01301, is a copy of the submittal Transmittal Form, which shall be filled out by the contractor and submitted with each and every submittal. Follow the instruction sheet, also attached, for directions on this procedure. It is essential that the submittal Transmittal Forms are filled out in their entirety for the system to function properly. B. Transmittal Form, originals for contractors use, will be supplied by the Construction Manager, and is a 6- part form. 1.3 SUBMITTAL SCHEDULE A. The Contractor shall submit within seven (7) days of award of the Contract, and prior to proceeding with the site work, a preliminary "Submittal Schedule" to the Construction Manager for review, modification and response. No payment applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information: 1. Specification Section number and name. 2. Specification Section paragraph identification which describes submittal requirement. 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). 10/08/93 SUBMITTALS BIG COPPITT FIRE FACILITY 01301 - 1 B. The contractor shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted and received by the Construction Manager. 2. Date contractor has scheduled to order material or equipment or the submittal item. 3. Date contractor has scheduled delivery to job-site of material or equipment or the submittal item. 4. Add any remarks or unique items that the CM or A/E should be aware of. C. The contractor shall allow a minimum of (3) weeks for review of submittal by A/E (in calendar days). D. The submittal master record will then be used to track submittals within the process. 1.4 SHOP DRAWINGS A. Submit legible shop drawings in the form of positive printing reproducible transparencies, commonly called sepia prints, suitable for reproduction use on dry print diazo type machines. sepia prints which cannot be reproduced will be returned to the Contractor for re-submittal. B. Provide shop drawings as complete submittals (no partial sets) on original drawings or information prepared solely by the fabricator or supplier. Deviation from complete submittals will only be allowed by pre-arranged method. C. Do not reproduce the Contract Drawings for shop drawing submittals. D. Sheet sizes shall not exceed the size of the Contract Drawings. E. Each sepia print shall have blank spaces large enough to accept 4" x 4" review stamps of the Architect and the Contractor. F. Each 1. 2. 3 . sepia print shall carry the following information: Project name and contract number. Date. Names of: a. The Architect b. The Construction Manager c. The Contractor d. supplier e. Manufacturer Identification of product or material. 4 . 10/08/93 SUBMITTALS BIG COPPITT FIRE FACILITY 01301 - 2 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly stated as such. 7. Specification Section number. 8. Applicable standards such as ASTM or Federal Specification. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and/or detain number. G. Submit sepia prints without folds either as flat sheets if size permits, or rolled in tubes. H. The contractor shall submit (1) reproducible and (5) blueline sets to the CM. The CM will forward (1) reproducible and (4) blueline sets to the A/E. The A/E will return (1) reproducible and (3) blueline sets to the CM. The CM will return (1) reproducible and (1) blueline to the contractor. After corrections are made, the requested number of sets of shop drawings issued "For Construction Use" will be distributed to the CM and other trade contractors by the Contractor prior to the start of the Work. 1.5 PRODUCT DATA A. Product data such as catalog cuts, brochures or manufacturer's sheets may be submitted in lieu of sepia prints if adequately identified. Submit seven copies of product data to the Construction Manager. B. Modify product data sheets to delete information which is not applicable to the Project. Provide additional information if necessary to supplement standard information. C. Product data sheets that are submitted with extraneous information not deleted and/or modified will be returned without review to the Contractor for re- submittal. D. The contractor shall submit at a minimum, (1) original and (6) copies to the CM. The CM will return (2) copies to the contractor after review/return by the A/E. 1.6 SAMPLES A. Provide samples to illustrate materials, equipment or workmanship, and to establish standards by which completed work may be judged. 10/08/93 SUBMITTALS BIG COPPITT FIRE FACILITY 01301 - 3 B. Construct mock-ups as required by the technical sections, at the project site in a location designated by the Construction Manager. Construct mock-ups, including adjacent work required, to demonstrate the final appearance of the Work. C. The contractor shall submit (3) samples to the CM, and (1) will be returned to the contractor after review/return from the A/E. 1.7 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Contractor's letterhead stationary. Certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the owner/contractor agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents. Attach manufacturer's affidavits where applicable. C. The contractor shall submit (1) original and (6) copies to the CM. The CM will return (2) sets to the contractor after review/return from the A/E. 1.8 THE CONTRACTOR'S RESPONSIBILITIES A. Before making submittals to the Construction Manager, review each submittal, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to the Construction Manager for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to the Construction Manager. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. C. verify field measurements and product catalog numbers or similar data. D. Clearly identify on the submittal and transmittal to the Construction Manager in writing of deviations in submittals from the requirements of the Contract Documents. 10/08/93 SUBMITTALS BIG COPPITT FIRE FACILITY 01301 - 4 E. After the Construction Manager's and the Architect's review, distribute copies with one copy to be maintained at the Project Site for reference use and other copies distributed to suppliers and fabricators. F. Do not begin the Work which requires submittals until return of submittals with the Construction Manager's and the Architect's stamp and initials indicating review. G. The Contractor's responsibility for errors and omissions in submittals is not relieved by the Construction Manager's or the Architect's review of submittals. H. The Contractor's responsibility for deviations in submittals from requirements of the Contract Documents is not relieved by the Construction Manager's or the Architect's review of submittals unless the Architect gives written acceptance of specific deviations. 1.9 THE CONSTRUCTION MANAGER'S RESPONSIBILITIES A. The Construction Manager will return to the Contractor, without review, all submittals not bearing the Contractor's review stamp or not showing it has been reviewed by the Contractor. B. After the Architect's review, the Construction Manager will forward submittals to the Contractor and retain one copy for the OWner. The Contractor shall distribute copies including other copies distributed to suppliers and fabricators. The Contractor shall supply copies of reviewed submittals to the Construction Manager in sufficient quantity to allow proper coordination of the Contract. 1.10 THE: ARCHITECT'S RESPONSIBILITIES A. The Architect will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with information given in the Contract Documents. B. The Architect will make changes or notations directly on the submittal, identify such review with his review stamp, obtain and record the Architect file copy and return the submittal to the Construction Manager. **************** END OF SECTION 01301 10/08/93 SUBMITTALS BIG COPPITT FIRE FACILITY 01301 - 5 _...J ~~~ >0..8 Wo.. er<( . ~ W J I- 0 .. Q. ~ Z z t: ~ w <( ~ ::! a: :J D g ::> ~ c g . :> Ul W . W er 1ii 0 c..> z ~ w d ~ a: z ~ Oe w ~ .0 e d u.. W :J W :> Ul .0 Z a: 0 :J W I "' ..J er II> ~ Iii t; Ul z er D D ~ :(: c( f- a: ~.., z d Ul E I- W z z g Z 0 ...J <( Z er ~ 0 W ~ ~ (.) ~ Ul Z ~ ::;) o~ d a: Ul 0 Z W Z ~ er 0.. ~ .!! ~ ::;) er OIl Ul ~ 0.. 0 ~ ~ ;:,: Ul LLW 00: ..,0 0 Iii ii :(: ~ W 1ii 0.. 0 ~ ~ Oi ~ ii er 1ii . 0 'i 0 e t! Q e ~ 0 ~ W " 1= - 5 ~....,. c Iii a:d~ C) E 9 :(: ::;). e ." g Ul'; ~ .. ~ ;:,:- a: w. e.f ~ ~ == ~'8 0.- ii ~ e U::E c 2 . Oc eas c z~ '" <II -= ~ i .= o~ se Q. a ., -., ~Q. II> er 1ii ~~ A (I) LL ero.. 0 ~c u Ul as w ~F 0 :3 U 0 -i" 8 u d !! :; z C 1ii C) _...J (j 0 c: e oLL u Cl u..: w E en c 0"' Ul ~'" g ." 0 C)...,~ z ~ ~ i<:~~ 0 i 0:: j:: ~'" ~ > Oijj .. ~ .,; iL. ~ ~ E U er w er to t:: <( ~ W 4> ;:,: ~ 0.. 1ii w w Ul 0 er :(: I 10/08/93 SUBMITTALS BIG COPPITT FIRE FACILITY 01301 - 6 j ; J ~ ! ~ .5 .2'.!! ~ i ~~S . ~ . ~! j. .~ ~ - ~! R,S .= Jl:s' a:i ~!.~ 00. Sgt- ~ ~ e:-.! ~~~~~~ If)~io.9~ . i.&"" :!~.! iZ~~!'iiE .;:;~CIlj:g8.2 .. ~E-5'E--6.- OcCIl""~cCIll! 1:; ca t) . :I ca ~ .- I!:>~~lf).c~ ~ !l .- .- .. E ~ c s; . " "0..... II . . <30.s .s S Z Q.,= iD"":Nr? ~ \Ii ! .& :;) .. . xa: I ~i If II it ~ a~~:!' 0 ~J ~ ~i i~~ii ~ ~ ~ ";" i 10 i , .. l? ~ i & -..!! ! ~ ii i 1 '" ! ~ i ~jl j:fil i6! 1st ~ ~i~ 1ljj&i i~IJ !I. . ~ "Ii I~~ ! I~IE .!!!~if E Ij~~ii~ ! jtl~ ~I~i:~ g Q.~~~--~1II11 l?8'8i! .!.E~ c ~ · · ~!~na ~.s-, E_g-~t ,= ~~~----6e ~- ~- ~ -i --I~!.~~i -~J Cjll~c ~ ~ .~,~ E~ ~,~lf) Q.= ,~.~ 8.. .1 E] 1tli ~. ~~! !ICll!~ ~~ ~~"":;)~~ ! 9:> CCCll .-5-~ S:;)OliQ.lf)C~..~ ~f~1L~5...!!!~;O! ..e.~~l;:~g'I.'I-ECIlSj ~=..c.!~~6.~~~ ~~~~~~ ~!u"""".=",,r~~;E.!~~~&~5 ~ ~~~;;il;~Sz.I~~z0~d~~~d~ ~ ~~~ ~~~~~~~~ ~8 ii Xl ~ to g~ ~ ~ ~ xc ~8 i X 'e X 11. c e ~ lIB q~ '01 I J I !i I Iq ~ w 8@ :I ~ ::> e I ~ i I(~ ") @) =-- !i ! J w 2 :q~ 2 I@I~ I i =1 ~ '" a- (~ ~) i i ~~ - i 8 ~ '-- \!::/ ~I (r~ ~ ~~ @) ~ ~ I~~ =--- t e 8 L L } I~ ~ 1~ ~ !! J~ J ~I ~~ ~f -I ~ b @ II ~ G II l:~ I!l c ~ p ~ ~ ! @ I u . ~ .t j ~l Qj i ~ h -'---" J ~;; I ~ I II? - i I . ~ I r i . II hiH . l{i~H~ I uud i' il~~~~.i' j!illli~si j!RRRR~fff lifoig~~f;i~iii~ ai i "3 ~ i _ iil :: - ~ .- E ~ Ei D 0. faD1=: ::l 0. aiCji ; 811~) . gII!J~1 a: Q.Q,l) ~fi21 Q.<<za:ua: Q. c(c(lDOOOu. ~ f 1; l? I l~f fli~~I~ 1(311~H J!~c i I~I J~ 0~S Ii::~l(i~~ u . c o ~ !: U) ~ ~ CII 0 ._.19 cCII 1iiJ ~~ .2alD -::::; I! (I)--lD"~ o CllD ClI1U-ij&!!!iil::l II. o_U_C ....._'t:l ... 0.- 0.;0:: ::l ClI 0 ... ... lD WoSE,€uc_lD$Q O..clllllllDiil~:iCll~ ocnOcnOO:>F~::EQ.. (,) W Q. >00 c( 0 I-cnocnOO~I-~::EQ.. 10/08/93 SUBMITTALS BIG COPPITT FIRE FACILITY 01301 - 7 SECTION 01310 PROGRESS SCHEDULES PART 1 - GENERAL 1..1 SUMMARY A. section includes: 1. Progress schedules 2. Revisions to schedules B. Related sections: 1. SCOPE OF WORK C. Description: 1. Progress Schedules: Promptly after award of the Contract and prior to proceeding with the sitework, prepare and submit to the Construction Manager for approval, construction progress schedules for the work, with subschedules of related activities which are essential to its progress. Also incorporate manpower loading related to each activity on the construction schedule. 2. Revisions to Schedule: Submit revised/updated progress schedules with each payment application. 1. .2 FORMAT A. Prepare Progress Schedules as a horizontal bar chart with separate bar for each major portion of Work or operation, identifying the first work day of each week. B. Include numeric manpower loading associated with each horizontal bar, clearly defined. C. Scale and spacing: to provide space for notations and revisions. D. Sheet size: minimum 8-1/2" xII". 1. . 3 CONTENT A. Indicate complete sequence of construction by activity, 10/08/93 PROGRESS SCHEDULES BIG COPPITT FIRE FACILITY 01310 - 1 with dates for beginning and completion of each element of construction. B. Identify work of separate stages and other logically grouped activities. C. Provide sub-schedules to define critical portions of the entire schedule. D. Submit separate schedule of submittal dates for shop drawings, product data, and samples, including the Owner furnished products and products identified under allowances and dates reviewed submittals will be required from the Architect. Reference section 01301 - Submittals. 1..4 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1..5 SUBMITTALS A. Submit initial schedules within (3) days after receipt of the Contract Notice to Proceed. 1. The Construction Manager will review schedules and return review copy within ten (10) days after receipt. 2. If required, re-submit within seven (7) days after return of review copy. 3. Submit revised Progress Schedules with each Application for Payment. 10/08/93 PROGRESS SCHEDULES BIG COPPITT FIRE FACILITY 01310 - 2 1..6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. Note: It is not incumbent upon the Construction Manager to notify the Trade Contractor when to begin, to cease, or to resume work nor to give early notice of faulty or defective work, nor in any way to superintend so as to relieve the Trade Contractor of responsibility or of any consequence of neglect or carelessness. ************** END OF SECTION 01310 10/08/93 PROGRESS SCHEDULES BIG COPPITT FIRE FACILITY 01310 - 3 SECTION 01370 SCHEDULE OF VALUES PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. The Schedule of Values allocated to the various portions of the Work shall be submitted to the Construction Manager within three (3) days after Notice to Proceed. 2. Upon request of the Construction Manager, revise and/or support the values with data which will substantiate their correctness. 3. Upon recommendation by the Construction Manager, the Schedule of Values will be placed on the Agenda of the next Board of County Commissioner (BOCC) Meeting for approval. The BOCC meet approximately every three weeks. 4. The Schedule of Values, as approved by the Board of County Commissioners, forms the basis for the Contractor's Applications for Payment. 1..2 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on AlA G703 Formi the Contractor's standard forms and automated printout will be considered by the Construction Manager upon the Contractor's request. Identify schedule with: 1. Title of Project and location. 2. The Architect and Construction Manager. 3. Name and Address of the Contractor. 4. Contract designation. 5. Date of submission. B. List the installed value of the component parts of the Work (broken down into labor and material and physical location) in sufficient detail to serve as a basis for computing values for progress payments during construction. C. Follow the specifications as the format for listing component items. 1. Identify each line item with the number and title of the respective major section of the specifications. D. Itemize separate line item cost for each of the following general cost items: 1. Mobilization. 2. Bonds, Insurance and Permits. 3. Clean-up. 4. Submittals. 10/08/93 SCHEDULE OF VALUES 01370 - 1 BIG COPPITT FIRE FACILITY 5. Safety. E. For each major line item list sub-values of major products or operations under the item. F. For the various portions of the Work: 1. Include a directly proportional amount of the Contractor's overhead and profit for each item. 2. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. b. The total installed value. 3. Submit a subschedule for each separate stage of work specified in section 00300. G. The sum of values listed in the schedule shall equal the total Contract Sum. 1..3 SUBSCHEDULE OF UNIT MATERIAL VALUES A. Submit a subschedule of unit costs and quantities for: 1. Products on which progress payments will be requested for stored products. B. The form of submittal shall parallel that of the Schedule of Values, with each item identified the same as the line item in the Schedule of Values. C. The unit quantity for bulk materials shall include an allowance for normal waste. D. Provide unit values for the materials as follows: 1. Cost of the material, delivered and unloaded at the site, with taxes paid. 2. Installation costs, including the Contractor's overhead and profit. E. The installed unit value multiplied by the quantity listed shall equal the cost of that item in the Schedule of Values. 1..4 REVIEW AND SUBMITTAL A. After review by Construction Manager, revise and resubmit schedule (and Schedule of Material Values) as required. B. Resubmit revised schedule in same manner. ************* END OF SECTION 01370 10/08/93 SCHEDULE OF VALUES BIG COPPITT FIRE FACILITY 01370 - 2 SECTION 01385 DAILY CONSTRUCTION REPORTS PART 1 - GENERAL 1. . 1 SUMMARY A. Section includes: 1. Requirement for Daily Construction Reports by each Contractor. 2. Scheduled submission times for Daily Construction Reports. 1..2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS A. Daily Construction Reports shall be submitted by each and every Contractor performing work on the project. Forms to be used will be furnished by the Construction Manager. Items to be addressed on the Report are: 1. Title of Project 2. Name of Contractor 3. Date and day of Report information. For example, you performed work on Thursday, April 18, 1991, so you would therefore use "Thursday, 4/18/91." This holds true even if you did not complete filling out the Report until Friday, 4/19/91. 4. Contract designation. 5. Note any major Shipments received on that particular day. 6. Note major equipment used tha~ day. 7. Note manpower used, and designate what trades. For example, if you were the mechanical contractor, you would also list how many insulators, pipefitters, etc. that you were also managing, even if they were subcontractors. In addition, list the names of the subcontractors that were on-site that day. 8. Note any deficiencies in your work, and corrective actions taken to resolve the deficiencies. 9. Note any safety violations discovered, whether or not caused by your forces. 10. Provide a full description of work performed that day, and any problems or unusual conditions discovered. 11. Report is to be signed by the authorized representative of the contractor, and should the signature not be legible, print the name of the signer next to the signature. 10/08/93 DAILY CONSTRUCTION REPORTS BIG COPPITT FIRE FACILITY 01385 - 1 1..3 SCHEDULE OF SUBMITTING DAILY REPORTS A. Daily Reports are to be submitted at the designated location described in the pre-construction meeting. Contractors are to submit the original of their report, and should keep a copy for their records. The Construction Manager's photocopying facilities are not to be used in the reproduction for submission of the reports. B. Submit Daily Reports no later than 9:00am the day following the day of the work described in that particular report. No exceptions to this rule will be accepted. Should contractor fail to comply with these instructions, the contractor's payment application for the following month will be held in abeyance until such time the contractor properly submits the delinquent reports. ************* END OF SECTION 01385 10/08/93 DAILY CONSTRUCTION REPORTS BIG COPPITT FIRE FACILITY 01385 - 2 SECTION 01395 DOCUMENT CLARIFICATION REQUESTS (DCR) PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Notification of Construction Manager in the event errors, field conflicts, and omissions are found in the Contract Documents, or clarifications are necessary. 2. utilization of OCR form. B. Related Sections: 1. General Conditions Article 2.3 2. General Conditions Article 8.3.2 3. General Conditions Article 12.3 1.2 FOFM AND CONTENT OF DOCUMENT CLARIFICATION REPORTS A. All errors, field conflicts, and omissions in the Contract Documents shall be brought to the attention of the Construction Manager immediately. If clarifications are necessary, the request is to be conveyed to the CM. The OCR is a tool established to provide expedient clarifications of contract drawings, specifications or field conflicts. It is not meant to be a substitute for good communication. B. The OCR is not meant for formal notification of extra work. Reference General Conditions paragraph 8.3.2 and 12.3, when formal correspondence is required for formal notification of time extensions, and for cost change notifications. C. The contractor should propose a solution, and enter on the form in sufficient detail necessary for the A/E or CM to confirm the contractor's proposed solution. D. The contractor is also required to mention all other trade work which is affected by the problem, and all trade work which will be affected by the proposed solution. E. The responses provided on the OCR form to the Contractor are considered by the Owner to be clarifications and/or minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract time per Paragraph 12.4 of 10/08/93 DOCUMENT CLARIFICATION REQUESTS BIG COPPITT FIRE FACILITY 01395 - 1 the Contract General Conditions. Should the Contractor consider the DCR response requires extra work, notification in accordance with Paragraph 12.3.1 of the Supplementary General Conditions is required. 1.3 UTILIZATION OF DCR FORM A. The CM will make available the DCR forms for the contractors use. Attached is a copy of the DCR form and the instruction sheet. ********************* END OF SECTION 01395 10/08/93 DOCUMENT CLARIFICATION REQUESTS BIG COPPITT FIRE FACILITY 01395 - 2 DOCUMENT CLARIFICATION REQUEST No. From: To: Morrison-KnudsenlGerrits Contract No. P. O. Box 5283 Key West, FL 33045 Receipt (305) 292-7845 Logged: Problem By: DwglSpec NoJRevisionJDetail/Sect No. NE Project No. Civlil Structural Architectural Security _ PLB - HVAC Electrical Specs . Subject: Problem & suggested solution: -- - I MKJQ Review: Solution: Solution t?y; I Date: MKlG: I Date: )CRUI 10/08/93 DOCUMENT CLARIFICATION REQUESTS BIG COPPITT FIRE FACILITY 01395 - 3 DOC\]MDlT QAIIIflCATlON IIQIIDT No. (&1 - Yex _ ~oIllcr.- c-nnlio. (~. ~, P.o. lea S)It\ J(cy W... Fl. 1300$ =:<D (lOS) 212._' Prollkmlk t2., o.o.oto< "" Mt......"" \10! ("t . '...5 CN -. - - PU HVAC - - - i'" \ ...... . ........ ---- \7 1MU.- tu,.' - (1."\ 1 - ~ 11.5 111III. (j,6,' 111I&. Us. 111III. (I~' ouw. ~. ~y ~o~~~~~~~~ TrOl" ''he OCR w111 alwa)'ll be froe the priM contr.nor. SIIb<or,tnoctors to tile prt.& contr.ctor 11II.11 .wait ocat. tJ.r,ouqh tbeir pd.. contractor. :1. Prol,l.. By: This cont rector. or represent.tive. rep.eaentative. can be the eubcontractor. or the pri.. the ..tabli.hed pri.. contr.ctor or the e.tabli.hed .ubcontractor :1. Cont.ract No.: Thi. i. the .pproved contract, contrect nuahar. .. oravinq No.: Here in..rt as .uch inforaation a. poasible to describe the location in the contract docu-.nt. of the particular probl.. you are a.kinq clarification. Include revhion lev.l of drswinq.. and date. Include detail nUAbera, include .ection nuabar.. include specification section n_r.. paragraph loc.tion.. .11 a. .pplicable. 5. Civil. Structural. etc.: H.re not. the particular division of work the OCR .pplies to. 6. Subject: Here ins.rt brief, cl.ar, conch. caption subject. which is repr.s.ntativ. of probl.. ar.a. 7. Prebl.. , Sugg.st.d Solution: Describe in a. auch d.tail .s n.c....ry. tile probl_ to which clarification ia n.eded. If .dditional .pac. 1. need.d, add .rtra ahe.t. to back, .nd r.terence attachMnt. in thi. .r.a no. 7. Draw sl<atch.s if nece..ary. Jeak. photocopy ot particular drawin; 4etail .~ wttach it nec...ary. B. By Morrison-Xnud.en/Garrit.: I. OCR No.: N_rs will be a.siqned as tollows: xx- Proj.ct xxx- Contractor No. xxx S.qu.ntial No. For instanc., the tirst OCR froe the contractor of Contract No. 001 on the Nev Det.ntion Facility. would be: 10-001-001 ~ another .xaapl.: Th. s.venth consecutive OCR loqqed on tM lIew Detention Fac11 i ty . vas rece i ved tro. the contractor of Contract No. 005. vould be: 10-005-007 9. Receipt Logg.d: This will be the date r.ceived by the eM troe the contr~ctor, and viII s.rv. as the r.ferenoe date. 10. AlE Project No.: The AlE'. project n_r vill be ins.rted here. vhere and when applicable. 11. KK/G Review. Thi. will be the siqnature or initial. of the Construction IIenag.r, upon revi.w ot the proble., with the data of si9ft-off. 12. KK/G Review: This viII be the signature or initials of the Conatruction IIenaq.r, upon review of the .olution. 13. Oate: This viII be the data of KK/G review and siqn- off. C. By Architect/Enqineer: 1.. Solution: The AlE viII here insert the solution to the probl... or answer in so.. other fashion the clarification beinq requested. Th. AlE aay herein confira the contractor's proposed solution. 15. Solution By: The entity providinq the solution ia to siqn here. This aay be the Construction Manaqer when particular clarifications are beinq requested that can be answered by the 01. Otherwise, it vill be the AlE repre.entative. 16. Oate: This vill be the date of sign-off, or ansverinq the OCR by the AlE. D. Part-By-Part Distribution of 6-part OCR Form: a. When the contractor submits OCR, he will retain Goldenrod copy. b. When received by the cont.ractor, CM vill retain tink copy. c. The OCR then is submitted to the AlE. Once ansvered, the AlE returns to 01, but retains ~ copy. d. CM reviews answer, and sends ~ copy back to contractor. CI1 vi11 retain original !!hit.!! copy for office files, and ~ copy will go to the jOb-site. 10/08/93 DOCUMENT BIG COPPITT 01395 4 CLARIFICATION REQUESTS FIRE FACILITY SECTION 01410 TESTING LABORATORY SERVICES PART 1 -- GENERAL 1..1 SUMMARY A. Section includes: 1. Selection and payment 2. The Contractor submittals 3. Testing laboratory responsibilities 4. Testing laboratory reports 5. Limits on testing laboratory authority 6. The Contractor responsibilities 7. Schedule of inspections and tests B. l. 2. 3 . 4. Section 00750 - GENERAL CONDITIONS Section 01700 - CONTRACT CLOSEOUT Section 01800 - SOIL BORING DATA Individual Specification Sections: inspections and tests required, and standards for testing. 1. .2 SELECTION AND PAYMENT A. The Owner will employ and pay for services of an independent testing laboratory to perform specified inspection and testing indicated in technical Specification Sections. B. Employment of testing laboratory shall in no way relieve the Contractor of obligation to perform the Work in accordance with requirements of the Contract Documents. 1. . 3 QUl\LITY ASSURANCE A. Testing laboratory: authorized to operate in the State of Florida. B. Testing laboratory staff: maintain a full time registered Engineer on staff to review services. C. Testing Equipment: with devices of an National Bureau of accepted values of calibrated at reasonable intervals accuracy traceable to either Standards (NBS) Standards or natural physical constants. D. Meet "Recommended Requirements for Independent Laboratory Qualification", published by American Council of Independent Laboratories. 10/08/93 TESTING LABORATORY SERVICES BIG COPPITT FIRE FACILITY 01410 - 1 1..4 TESTING LABORATORY RESPONSIBILITIES A. Test samples of mixes. B. Provide qualified personnel at the Site. Cooperate with the Architect, Construction Manager and the Contractor in performance of services. C. Perform specified inspection, sampling, and testing of Products in accordance with specified standards. D. Ascertain compliance of materials and mixes with requirements of the Contract Documents. E. Promptly notify the Construction Manager and the Contractor of observed irregularities or non- conformance of the Work or products. F. Perform additional inspections and tests required by the A/E and Construction Manager. 1..5 TESTING LABORATORY REPORTS A. After each inspection and test, promptly submit four copies of testing laboratory report to the Construction Manager. A copy of each report will be forwarded. B. Include: 1. Date issued 2. Project title and number 3. Name of inspector 4. Date and time of sampling or inspection 5. Identification of product and Specifications section 6. Location in the Project 7. Type of inspection or test 8. Date of test 9. Results of test 10. Conformance with the Contract Documents C. When requested by the Construction Manager or A/E, provide interpretation of test results. 1..6 LIMITS ON TESTING LABORATORY AUTHORITY A. The testing laboratory may not release, revoke, alter, or enlarge on requirements of the Contract Documents. B. The testing laboratory may not approve or accept any portion of the Work. C. The testing laboratory may not assume any duties of the Contractor. 10/08/93 TESTING LABORATORY SERVICES BIG COPPITT FIRE FACILITY 01410 - 2 D. The testing laboratory has no authority to stop the Work. 1..7 THE CONTRACTOR RESPONSIBILITIES A. Deliver to the testing laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. B. Cooperate with testing laboratory personnel, and provide access to the Work and to the manufacturer's facilities. C. Provide incidental labor and facilities to provide access to the Work to be tested, to obtain and handle samples at the site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples. D. Notify the Construction Manager and the testing laboratory 24 hours prior to expected time for operations requiring inspection and testing services. E. Employ services of a separate qualified testing laboratory and pay for additional samples and tests which are beyond the specified requirements. 1..8 RETEST RESPONSIBILITY A. Where the results of required inspections, tests, or similar services prove unsatisfactory and do not indicate compliance with the requirements of the Contract Documents, the cost for any retests shall be the responsibility of the Contractor. ************** END OF SECTION 01410 10/08/93 TESTING LABORATORY SERVICES BIG COPPITT FIRE FACILITY 01410 - 3 SECTION 01510 TEMPORARY UTILITIES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Temporary utilities required for construction. PART 2 -. PRODUCTS 2.1 MATERIALS - GENERAL A. Materials shall be new, adequate in capacity for the required usage, not create unsafe conditions, not violate requirements of applicable codes and standards, and comply with NEC Art. 305 - Temporary Wiring. 2.2 TEMPORARY ELECTRICITY A. The Contractor shall furnish, install and maintain, temporary electric power service for construction needs throughout the construction period and shall remove such service on completion of the work. 1. Power centers for miscellaneous tools and equipment used in the Work will be provided by the Contractor as follows: a. distribution boxes with minimum of four double-duplex 15 Amp, 120-Volt grounded outlets, with GFCI Protection for personnel. See Detail "B". b. located so that power is available at any point of use with not more than 100 ft. power cords. c. minimum: one power center on each floor. d. circuit-breaker protection for each outlet. 2. The capacity of each power center in 1. above shall be 120/240 volts single phase, minimum 50 Amps. 3. The Contractor shall furnish, install, and maintain all equipment and wiring required to distribute the power, up to and including the power services. 4. The Contractor shall pay all costs of installation, maintenance, and removal of temporary services. 10/08/93 TEMPORARY UTILITIES BIG COPPITT FIRE FACILITY 01510 - 1 2.3 2.4 5. Materials shall be new, and must be adequate in capacity for required usage, and must not violate the requirements of applicable codes and standards. Materials used for temporary service shall not be reused in the permanent system. 6. The Contractor shall comply with all applicable requirements specified in National Electric Code Art. 305 when installing the temporary electric power service, shall maintain the system to provide continuous service and shall modify and extend the service as the progress of the Work requires. 7. The Contractor shall completely remove all temporary materials and equipment at Project Completion. Underground lines may be disconnected and abandoned in place with approval of the Construction Manager. 8. Feeders to distribution panels from distribution shed shall be 400 feet maximum length, with two hot legs and one neutral of the same size as per NEC Table 310-16 and Article 210-19a FPN. 9. Circuits to Power Centers from Distribution Panels shall be installed per NEC Art. 305. 10. Feeders and Branch Circuits in 15. and 16. above shall be protected from physical damage. TEMPORARY TELEPHONE SERVICE A. The Contractor shall be responsible for arranging with the local telephone service company to provide telephone service at the construction site. The Contractor shall pay all costs for installation, maintenance, removal and service charges for such service. TEMPORARY LIGHTING A. The Contractor shall furnish, install and maintain temporary lighting for construction needs throughout the construction period and shall remove such temporary lighting on completion of the Work. 1. Temporary artificial lighting shall be provided in enclosed Work areas and all other work areas when natural lighting does not meet minimum requirements. Temporary artificial lighting in Work areas shall produce uniform illumination of 20-foot candles. TEMPORARY UTILITIES BIG COPPITT FIRE FACILITY 01510 - 2 10/08/93 2.5 2.6 2.7 2.8 A. A. TEMPORARY WATER The Contractor will arrange and pay utility service company, to provide water for construction purposes. In addition, the Contractor is responsible for providing potable drinking water for his personnel and subcontractors, as well as suitable containers, ice and salt tablets in sufficient quantity to meet the needs of his labor force. TEMPORARY HEATING, COOLING AND VENTILATING The Contractor shall be responsible for providing, and operating and maintaining temporary heating, cooling and ventilating, as required, to maintain adequate environmental conditions to facilitate the progress of his Work; to meet minimum condition for the installation of materials; and to protect materials and finishes from damage due to temperature or humidity. The Contractor, subject to the approval and direction of the Construction Manager, shall: 1. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors, or gases. 2. If portable heaters are required, utilize only UL approved units complete with controls. 3. Insure that all safety devices specified for operation of equipment are functioning properly. 4. Pay all costs of providing, operating, maintaining, and removing such temporary heating, cooling, and ventilating equipment as may be required. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. TEMPORARY SANITARY FACILITIES The Contractor will provide sanitary facilities in compliance with laws and regulations. B. The Contractor will service, clean and maintain facilities and enclosures. TEMPORARY FIRE PROTECTION The Contractor shall furnish, install and maintain 10/08/93 TEMPORARY UTILITIES BIG COPPITT FIRE FACILITY 01510 - 3 2.9 A. temporary fire protection equipment, materials, supplies and service within the buildings throughout the construction period in accordance with the requirements of all applicable codes and standards. Each floor shall have a temporary fire protection system. REMOVAL completely remove temporary materials and equipment when their use is no longer required. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore permanent facilities used for temporary services to specified condition. 1. Prior to final painting, the Contractor shall remove temporary lamps and install new lamps. 2. Prior to final inspection, the Contractor shall replace filters and worn or consumed parts of mechanical equipment. *************** END OF SECTION 01510 10/08/93 TEMPORARY UTILITIES BIG COPPITT FIRE FACILITY 01510 - 4 SECTION 01520 CONSTRUCTION AIDS PART 1 .- GENERAL 1.1 SUlWiMARY A. section includes: 1. Construction aids 2. Temporary enclosures 1.2 REQUIREMENTS OF REGULATORY AGENCIES B. Comply with Federal, State and local codes and regulations. PART 2 -- PRODUCTS 2 . . 1 MNrERIALS - GENERAL A. Materials may be new or used, suitable for the intended use and shall not violate requirements of applicable codes and standards. 2..2 CONSTRUCTION AIDS A. The Contractor shall be responsible for furnishing, installing, maintaining, and removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, chutes, and other such facilities and equipment required by his personnel to insure their safety and facilitate the execution of the Work. 1. The Contractor shall comply with all Federal, State and local codes, laws and regulations governing such construction aids. 2. The Contractor shall relocate such construction aids as required by the progress of construction, by storage or work requirements, and to accommodate the legitimate requirements of the Owner or Construction Manager or other separate contractors employed at the site. 3. The Contractor shall completely remove temporary scaffolds, access, platforms, and other such materials, facilities, and equipment, at the completion of the Work or when construction needs can be met by the use of the permanent 10/08/93 CONSTRUCTION AIDS BIG COPPITT FIRE FACILITY 01520 - 1 construction, provided the Construction Manager has approved and authorized such use. The Contractor shall clean up and shall repair any damage caused by the installation or by the use of such temporary construction aids. The Contractor shall restore any permanent facilities used for temporary purposes to their specified condition. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 2..3 TEMPORARY ENCLOSURES A. The Contractor responsible for installing the permanent closure in an opening in an exterior wall shall be responsible for installing, maintaining, and removing, as the Work progresses, a temporary weather-tight enclosure for that opening as necessary to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating and/or cooling, and to prevent entry of unauthorized persons. 1. The Contractor shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by the Construction Manager. 2. Temporary enclosures shall be removable as necessary for the Work and for handling of materials. 3. Temporary enclosures shall be completely removed when construction needs can be met by the use of the permanent closures. 4. The Contractor responsible for providing, maintaining, and removing the temporary enclosure shall clean and shall repair any damage caused by the installation of such enclosure. 5. The Contractor shall remain responsible for insuring that his work, material, equipment, supplies, tools, machinery, and construction equipment is adequately protected from damage or theft and shall provide, maintain and remove such additional temporary enclosures as may be deemed necessary. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. ************************** END OF SECTION 01520 10/08/93 CONSTRUCTION AIDS BIG COPPITT FIRE FACILITY 01520 - 2 SECTION 01550 ACCESS ROADS AND PARKING AREAS A. The Contractor shall be responsible for installing and maintaining, until the completion of his Work any temporary access roads or parking facilities required by his Work, other than that which has been provided or required by the Owner. The Contractor shall remove temporary access roads and parking facilities and restore the areas to original or required grades. B. Any Contractor excavating across an access road or parking area shall backfill and compact his excavation and resurface the road or parking area to match the existing surface. The Contractor shall comply with all applicable Specifications when so doing. *********************** END OF SECTION 01550 10/08/93 ACCESS ROADS AND PARKING AREAS BIG COPPITT FIRE FACILITY 01550 - 1 SECTION 01560 TEMPORARY CONTROLS PART 1 - GENERAL 1..1 SUMMARY A. Section Includes: 1. Water control 2. Dust control 3. Erosion and sediment control 4. Pollution control B. Related sections: 1. SCOPES OF WORK 1..2 WATER CONTROL A. Contractor shall grade site to drain. B. Protect site from puddling or running water. Provide water barriers to protect site from soil erosion. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. 1. . 3 DUS'T CONTROL A. Execute the Work by methods to minimize raising dust from construction operations. B. Provide positive means to prevent airborne dust from dispersing into atmosphere. 1..4 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B. Minimize amount of bare soil exposed at one time. C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 10/08/93 TEMPORARY CONTROLS BIG COPPITT FIRE FACILITY 01560 - 1 1..5 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. ************************ END OF SECTION 01560 10/08/93 TEMPORARY CONTROLS BIG COPPITT FIRE FACILITY 01560 - 2 SECTION 01590 FIELD OFFICES AND SHEDS A. The Contractor, if he deems it necessary, may furnish, install, and maintain a temporary field office for his use and the use of his employees during the construction period. B. The Contractor shall furnish, install, and maintain temporary storage and work sheds to adequately protect his work, materials, equipment, supplies, tools, machinery, and construction equipment from damage and theft. C. The Contractor shall arrange his field office and sheds so as not to interfere with the construction. The locations of field offices and sheds shall be coordinated with the Construction Manager. The type, size and location of field offices and sheds is subject to approval by the Construction Manager. D. The Contractor shall arrange and pay for temporary electricity and telephone service for his field office and sheds, if he should require such services. E. The Contractor shall relocate his field office and sheds as directed by the Construction Manager, at no additional cost to the Owner or Construction Manager. F. The Contractor shall completely remove his field office and sheds on completion of the Work or when directed by the Construction Manager. The Contractor shall remove all debris and rubbish and shall place the area in a clean and orderly condition. G. The Construction Manager as soon as reasonably possible will establish a field office on the site and will maintain such an office during the entire construction period. ************** END OF SECTION 01590 10/08/93 FIELD OFFICES AND SHEDS BIG COPPITT FIRE FACILITY 01590 - 1 SECTION 01595 CONSTRUCTION CLEANING PART 1 - GENERAL 1..1 SUMMARY A. section includes: 1. Cleaning during progress of work. 1..2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on Project site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2. .1 MA'I'ERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. D. Sweeping compounds used in cleaning operations shall leave no residue on concrete floor surfaces that may affect installation of finish flooring materials. PART 3 - EXECUTION 3..1 DURING CONSTRUCTION A. Execute cleaning to keep the Work, the site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. 10/08/93 CONSTRUCTION CLEANING BIG COPPITT FIRE FACILITY 01595 - 1 B. Provide on-site containers for the collection of waste materials, debris, and rubbish. C. Dispose of waste materials, debris and rubbish off the site. D. Trash containers shall be provided by Contractor and located in trash accumulation areas designated by the Construction Manager. Contractor each day shall collect and deposit in the containers, all rubbish, waste materials, debris, and other trash from his operations, including any trash generated by his employees during lunch periods or coffee breaks. Shipping dunnage is to be removed by the receiving contractor. Paper, boxes and bulk packaging shall be folded or cut into reasonable sizes and shapes as appropriate and confined to prevent loss of trash due to wind relocation. Full trash containers shall be disposed and replaced as necessary to maintain above requirements and/or as directed by Construction Manager. ************ END OF SECTION 01595 10/08/93 CONSTRUCTION CLEANING BIG COPPITT FIRE FACILITY 01595 - 2 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 .- GENERAL 1..1 SUMMARY A. section includes: 1. Products 2. Transportation and handling 3. Storage and protection 4. Security 1. . 2 PRODUCTS A. Products: means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1. .3 TRllliSPORTATION AND HANDLING A. The Contractor shall be responsible for the transportation of all materials and equipment furnished under this contract. Unless otherwise noted, the Contractor shall also be responsible for loading, receiving and off-loading at the site all material and equipment installed under this Contract, whether furnished by the Contractor or the Owner. The Contractor shall be responsible for coordinating the installation within the buildings of equipment that is too large to pass through finished openings. B. Transport and handle products in accordance with manufacturer's instructions. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 10/08/93: MATERIAL AND EQUIPMENT BIG COPPITT FIRE FACILITY 01600 - 1 D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1..4 STORAGE AND PROTECTION The Contractor shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on site but not adequately protected will not be included in estimates for payment. Except for materials stored within designated and approved storage sheds, vans, or trailers, the Contractor shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Contractor shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1..5 SECURITY A. The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. ************* END OF SECTION 01600 10/08/93 MATERIAL AND EQUIPMENT BIG COPPITT FIRE FACILITY 01600 - 2 ,.. ."".~c~.~""...........~~~~..."..,.~, SECTION 01630 POST-BID SUBSTITUTIONS PART 1 -. GENERAL 1.1 SUMMARY A. Section includes: 1. Post-bid substitutions 1.2 SUBSTITUTIONS A. Base Bid shall be in accordance with the Contract Documents. B. After the end of the bidding period, substitution requests will be considered only in the case of: 1. Product unavailability 2. Other conditions beyond the control of the Contractor. C. Submit a separate request for each substitution. Support each request with the following information: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. c. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources of replacement materials. 10/08/93 POST-BID SUBSTITUTIONS BIG COPPITT FIRE FACILITY 01630 - 1 D. Substitutions will not be considered for acceptance when: 1. A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Bidder. 2. Acceptance will require substantial revision of Contract Documents. 3. In judgement of Architect the substitution request does not include adequate information necessary for a complete evaluation. 4. Requested directly by a subcontractor or supplier. E. Do not order or install substitute products without written acceptance of Architect/Engineer. F. Architect will determine acceptability of proposed substitutions. G. No verbal or written approvals other than by Change Order will be valid. 1..3 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution the Contractor represents that: 1. The proposed product has been investigated and it has been determined that it is equivalent to or superior in all respects to the product specified. 2. The same warranties or bonds will be provided for the substitute product as for the product specified. 3. Coordination and installation of the accepted substitution into the Work will be accomplished and changes as may be required for the Work to be complete will be accomplished. 4. Claims for additional costs caused by substitution which may subsequently become apparent will be waived by the Contractor. 5. complete cost data is attached and includes related costs under the Contract, but not: a. Costs under separate contracts. b. Architect's costs for redesign or revision of Contract Documents. 1..4 POST-BID SUBSTITUTION FORM A. The form is attached to this section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with back-up data. 10/08/93 POST-BID SUBSTITUTIONS BIG COPPITT FIRE FACILITY 01630 - 2 ~-""" TO: Pr10j ect Architect We hereby submit for your consideration the following product instead of the specified item for the above project: DRAWING NO. DRAWING NAME SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper install.ation. Submit 'with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The und,ersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitbed By: Sic;nature Title Firm Address Telephone Date Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by the Architect: _Recommended _Recommended as noted For use by the Owner: _Approved _Not Recommended ____Received too late _Not Approved _Insufficient data received _Approved as noted By By Date Date 10/08/93 POST-BID SUBSTITUTIONS BIG COPPITT FIRE FACILITY 01630 - 3 Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes. B. will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ -) . I. Designation of maintenance services and sources: (Attach additional sheets if required.) **************** END OF DOCUMENT 01630 10/08/93 POST-BID SUBSTITUTIONS BIG COPPITT FIRE FACILITY 01630 - 4 ,... .' ~,,,,,,,",,,,,,,,,,.H,,"~"""iC'",;"""""";'''' SBCTION 01650 STARTING OP SYSTEMS PART 1 -. GENERAL 1..1 SUMMARY A. Section includes: 1. starting systems 2. Demonstration and instructions 3. Testing, adjusting, and balancing B. Related sections: 1. SECTION 01700 - CONTRACT CLOSEOUT 1..2 ST~~TING SYSTEMS A. Coordinate schedule for start-up of various equipment and systems. B. Notify the Construction Manager seven days prior to start-up of each item. C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. D. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. E. Verify wiring and support components for equipment are complete and tested. F. Execute start-up under supervision of responsible manufacturer's representative in accordance with manufacturer's instructions. G. Execute start-up under supervision of the responsible Contractors' personnel in accordance with manufacturer's instructions. H. When specified in individual Specification Sections, require manufacturer to provide authorized representative to be present at the site to inspect, check and approve equipment or system installation prior to start-up, and to supervise placing equipment or system in operation. I. Submit a certified written report that equipment or system has been properly installed and is functioning correctly. ************** END OF SECTION 01650 10/08/93 STARTING OF SYSTEMS BIG COPPITT FIRE FACILITY 01650 - 1 SECTION 01700 CONTRACT CLOSEOUT PART 1 -. GENERAL 1..1 SUMMARY A. section includes: 1. Closeout procedures 2. Adjusting B. Related sections: 1. SECTION 01027 - APPLICATION FOR PAYMENT 2. SECTION 01650 - STARTING OF SYSTEMS 3. SECTION 01730 - OPERATION AND MAINTENANCE DATA 1..2 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three terminal activities: 1. Substantial completion 2. Final Completion 3. Final Payment 1..3 SUBSTANTIAL COMPLETION A. Submit to the Construction Manager when the Work is substantially complete: 1. A written notice that the Work, or designated portion thereof, is substantially complete. 2. A list of items to be completed or corrected (Punch List). 3. Request Substantial Completion Observation at a mutually agreeable date. 4. Certifications of systems and testing/balancing final reports. 5. Submit evidence of compliance with requirements of governing authorities: a. Certificate of Occupancy b. certificates of Inspection: 1) Elevators 2) Mechanical systems 3) Electrical systems 4) Kitchen equipment 5) Fire protection system 6) Security system B. Within a reasonable time after receipt of such notice, the Architect, the Construction Manager, the 10/08/93 CONTRACT CLOSEOUT BIG COPPITT FIRE FACILITY 01700 - 1 Contractor,and the Owner, will make an observation to determine the status of completion. C. Should the work be determined to not be substantially complete the following will occur: 1. The Construction Manager will promptly notify the Contractor in writing, giving the reasons. 2. The Contractor shall remedy the deficiencies in the Work, and send a second written notice of substantial completion. 3. The Work will be re-observed. D. When the Work is considered substantially complete, the following will occur: 1. The Construction Manager will prepare a certificate of Substantial Completion on AlA Form G704, accompanied by the Contractor's Punch List of items to be completed or corrected, as verified and amended. Contract responsibilities are not altered by inclusion or omission of required Work from the punch list. 2. The certificate will be executed by all parties and distribution made. E. Complete or correct items identified on the punch list and required by the Contract requirements within time limit established by the certificate. 1..4 FINAL COMPLETION A. To attain final completion, the Contractor shall complete activities pertaining to substantial completion, complete Work on punch list items and submit written request to the Construction Manager for final inspection. B. When the Work is complete, the Contractor shall submit written certification that: 1. The Contract Documents have been reviewed. 2. Work has been inspected for compliance with the Contract Documents. 3. Work has been completed in accordance with the Contract Documents. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Work is completed and ready for final observation. C. The Architect, the Construction Manager, the Contractor and the Owner will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. 10/08/93 CONTRACT CLOSEOUT BIG COPPITT FIRE FACILITY 01700 - 2 D. Should the Work be considered incomplete or defective: 1. The Construction Manager will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. The Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to the Construction Manager that the Work is Complete. 3. The Work will be reinspected. E. When the Work is acceptable under the Contract Documents the Contractor shall make closeout submittals. 1..5 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE ARCHITECT A. Project Record Documents: to requirements of SECTION 01720. B. Operating and maintenance data, instructions to the Owner's personnel: to requirements of SECTION 01730. C. Keys and keying schedule: to requirements of SECTION 08710 & 11196. D. Spare parts and maintenance materials: to requirements of individual sections. E. Evidence of payment and release of liens: to requirements of General and Supplementary Conditions. 1..6 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Architect. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders b. Allowances c. Unit Prices d. Deductions for uncorrected Work e. Penalties and bonuses f. Deductions for liquidated damages g. Deductions for reinspect ion payments h. Other adjustments 3. Total Contract Sum, as adjusted 4. Previous payments 5. Sum remaining due 10/08/93 CONTRACT CLOSEOUT BIG COPPITT FIRE FACILITY 01700 - 3 C. The Construction Manager will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1..7 FINAL APPLICATION FOR PAYMENT A. The Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. ***************** END OF SECTION 01700 10/08/93 CONTRACT CLOSEOUT BIG COPPITT FIRE FACILITY 01700 - 4 SECTION 01710 FINAL CLEANING PART 1 - GENERAL 1..1 SUMMARY A. section includes: 1. Cleaning at completion of Work 1..2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on the Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2 . . 1 MA'rERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer on the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 .- EXECUTION 3..1 DUST CONTROL A. Handle materials in a controlled manner with as little handling as possible. 3..2 FINAL CLEANING A. Employ skilled workmen for final cleaning. B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials form sight-exposed interior and exterior surfaces. 10/08/93 FINAL CLEANING BIG COPPITT FIRE FACILITY 01710 - 1 C. Wash and shine glazing and mirrors. D. Polish glossy surfaces to a clear shine. E. Dust cabinetwork and remove markings. F. Vacuum as needed. G. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. H. Prior to final completion, or the Owner occupancy, conduct an inspection of sight-exposed interior surfaces, exterior surfaces and work areas, to verify that the entire Work is clean. I. Clean tunnels and closed off spaces of packing boxes, wood frame members and other waste materials used in the Construction. J. Internally clean the entire system of piping and equipment. Open dirt pockets and strainers, completely blowing down as required and clean strainer screens of accumulated debris. K. Drain tanks, fixtures and pumps to be free of sludge and accumulated matter. L. Remove temporary labels and stickers from fixtures and equipment. Do not remove permanent name plates, equipment model numbers and ratings. M. Thoroughly clean heating and air conditioning equipment, tanks, pumps and traps. Install or thoroughly clean filters or filter media, including: 1. The cleaning of permanent filters and the replacement of disposable filters if units were operated during construction. 2. The cleaning of ducts, blowers, and coils if the units were operated during construction. N. Remove from the site all facilities of items installed or used for temporary purposes during construction. O. Restore all adjoining areas to their original or specified condition. **************** END OF SECTION 01710 10/08/93 FINAL CLEANING BIG COPPITT FIRE FACILITY 01710 - 2 "'._~;.~.~-- SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 -. GENERAL 1. . 1 SilllMARY A. Section includes: 1. Maintain at the job site one copy of: a. Record Contract Drawings b. Record Project Manual c. Coordination drawings d. Addenda e. Reviewed shop drawings f. Change Orders g. Other modifications to the Contract h. Field test records 1..2 GENERAL A. Store documents in cabinets in temporary field office, apart from documents used for construction. B. Maintain documents in clean, dry, legible condition. C. Do not use Project Record Documents for construction purposes. D. Make documents available for inspection by the Construction Manager, the Architect and the Owner. E. Failure to maintain documents up-to-date will be cause for withholding payments. F. obtain from the Construction Manager (at no charge) two sets of the Contract Documents for Project Record Documents including: 1. Specifications with all addenda. 2. Two complete sets of blackline prints of all Drawings. 1. . 3 RECORDING A. Label each document "Project Record". B. Keep record documents current. C. Do not permanently conceal any work until required information has been recorded. 10/08/93 PROJECT RECORD DOCUMENTS BIG COPPITT FIRE FACILITY 01720 - 1 D. Contract Drawings: 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to survey data. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. c. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. d. Field changes of dimension and detail. e. Changes made by Change Order or Construction Change Directive. f. Details not on original Contract Drawings. E. Specifications and Addenda: 1. Legibly mark up each section to record: a. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. b. Changes made by Change Order or Construction change Directive. c. Other items not originally specified. F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings. 2. Legibly mark to record actual construction: a. Dimensions accurate to within 1" on the centerline of items shown schematically. b. Identify each item, for example, "cast iron drain" "galvanized water". c. Identify location of each item, for example, "under slab", "in ceiling plenum", "exposed". 3. The Construction Manager may waive requirements of schematic layout conversion, when in his opinion, it serves no beneficial purpose. Do not, however, rely on waivers being issued except specifically issued by the Construction Manger in writing. 10/08/93 PROJECT RECORD DOCUMENTS BIG COPPITT FIRE FACILITY 01720 - 2 ""-Ill'" 1. . 4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to the Construction Manager prior to request for final payment. B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date 2. Project title and Architect's Project number 3. The Contractor's name and address 4. Title and number of each record document 5. certification that each document as submitted is complete and accurate. 6. Signature of the Contractor, or his authorized representative. *************** END OF SECTION 01720 10/08/93 PROJECT RECORD DOCUMENTS BIG COPPITT FIRE FACILITY 01720 - 3 SECTION 01730 OPERATION AND MAINTENANCE DATA PART 1 -. GENERAL 1..1 SUMMARY A. Section includes: 1. Format and content of manuals 2. Instruction of the Owner's personnel 3. Schedule of submittals B. Related sections: 1. SECTION 01301 - SUBMITTALS 2. SECTION 01700 - CONTRACT CLOSEOUT 3. Individual Specifications Sections: specific requirements for operation and maintenance data. 1. . 2 QUJ~LITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1. .3 FOHMAT A. Prepare data in the form of an instructional manual. B. Binders: commercial quality, 8-1/2" x 11" three-ring binders with hardback, cleanable, plastic covers; 1- 1/2" maximum ring size. When multiple binders are used, correlate data into related consistent groupings. C. Cover: identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of the Project and separate building; identify subject matter of contents. D. Arrange content by systems under Section numbers and sequence of Table of Contents of these Specifications. E. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. F. Text: manufacturer's printed data, or typewritten data on 20 pound paper. 10/08/93 OPERATION AND MAINTENANCE DATA BIG COPPITT FIRE FACILITY 01730 - 1 G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. 1..4 CONTENTS, EACH VOLUME A. Table of Contents: provide title of the Project: names, addresses, and telephone numbers of the Construction Manager, the Architect, consultants, and the Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For each product or system: list names, addresses and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product data: mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: supplement product data to illustrate relations of component parts of equipment and systems, to indicate control and flow diagrams. Do not use the Project Record Documents as maintenance drawings. E. Type text: as required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. F. Warranties and bonds: bind in copy of each. 1..5 MANUAL FOR MATERIALS AND FINISHES A. Building products, applied materials, and finishes: include product data, with catalog number, size, composition, and color and texture designations. Provide information for re-ordering custom manufactured products. B. Instructions for care and maintenance; include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture protection and weather exposed products: include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. 10/08/93 OPERATION AND MAINTENANCE DATA BIG COPPITT FIRE FACILITY 01730 - 2 D. Additional requirements; as specified in individual product specification sections. 1..6 MAlroAL FOR EQUIPMENT AND SYSTEMS A. Each item of equipment and each system: include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. B. Panelboard circuit directories: provide electrical service characteristics, controls and communications. C. Include color coded wiring diagrams as installed. D. Operating procedures: include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut-down, and emergency instructions. Include summer, winter, and special operating instructions. E. Maintenance requirements: include routine procedures and guide for trouble-shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule, and list of lubricants required. G. Include manufacturer's printed operation and maintenance instructions. H. Include sequence of operation by controls manufacturer. I. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. K. Provide the Contractor's coordination drawings, with color coded piping diagrams as installed. L. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. 10/08/93 OPERATION AND MAINTENANCE DATA BIG COPPITT FIRE FACILITY 01730 - 3 M. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. N. Include test and balancing reports. O. Additional requirements: as specified in individual product specification sections. P. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. 1..7 INSTRUCTION OF THE OWNER PERSONNEL A. Notify Construction Manager 7 days in advance of time established for Owner training. B. Before final inspection, instruct the Owner's designated personnel in operation, adjustment, and maintenance of products, equipment, and systems, at agreed upon times. C. The Owner, at it's option, may video tape any training session, equipment start-up or other instructional requirement. D. For equipment requiring seasonal operation, perform instructions for other seasons within six months. E. Use operation and maintenance manuals as basis for instruction. Review contents of manual with personnel in detail to explain all aspects of operation and maintenance. F. Prepare and insert additional data in operation and Maintenance Manual when need for such data becomes apparent during instruction. 1..8 SUBMITTALS A. Submit two copies of preliminary draft or proposed formats and outlines of contents before start of the Work. The Construction Manager and Architect will review draft and return one copy with comments. B. For equipment, or component parts of equipment put into service during construction and operated by the Owner, submit documents within ten days after acceptance. C. Submit one copy of completed volumes in final form 15 days prior to final inspection. Copy will be returned after final inspection, with Construction Manager and Architect comments. Revise content of documents prior 10/08/93 OPERATION AND MAINTENANCE DATA BIG COPPITT FIRE FACILITY 01730 - 4 to final submittal. D. Submit two copies of revised volumes of data in final form within ten days after final inspection. ************** END OF SECTION 01730 10/08/93 OPERATION AND MAINTENANCE DATA BIG COPPITT FIRE FACILITY 01730 - 5