Part II Final Design & ConstructionII.
Public Works Maintenance Garage, Marathon
Contract GM-001. Part Two, Final Design & Construction
Sowesco Development Corporation
A. Form of Agreement
B. Public Construction Bond
C. Certificate of Insurance
Conditions of the Contract
A. Supplementary Conditions
B. General Requirements
Section 00970
Project Safety and Health Plan
Section 00980
Contractors Quality Control Plan
Section 01027
Application for Pavment
Section 01028
Chance Order Procedures
Section 01200
Project Meetings
Section 01310
Prouress Schedules
Section 01370
Schedule of Values
Section 01385
Daily Construction Reports
Section 01510
Temporary Utilities
Section 01520
Construction Aids
Section 01550
Access Roads and Parking Areas
Section 01560
Temporary Controls
Section 01580
Project Identification and Sins
Section 01590
Field Offices and Sheds
Sect,.on 01595
Construction Cleaning
Section 01600
Material and Equipment
Section 01630
Post -Phase I Substitutions
Section 01650
Starting of Systems
Section 01670
Svstems Demonstrations
Sectl.on 01700
Contract Closeout
Section 01710
Final Cleaning
Section 01720
Project Record
Section 01730
Operation and Maintenance Data
GM-001, Part II
TABLE OF CONTENTS
Page 1
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A191
Standard Form of Agreement Between
Owner and Design/Builder
1985 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;
CONSULTATION WITH AN ATTORNEY IS ENCOURAGED.
This Document comprises two separate Agreements: Part 1 Agreement —Preliminary Design and Budgeting and Part 2
Agreement —Final Design and Construction. Hereinafter, the Part 1 Agreement is referred to as Part 1 and the Part 2
Agreement is referred to as Part 2.
PART 2 AGREEMENT -FINAL DESIGN AND CONSTRUCTION
AGREEMENT GM-001
made as of the day of To- in the year of Nineteen
Hundred and ( I Cj,�) 3) .
BETWEEN the Owner: Monroe County Board of County Commissioners
(Name and address) 500 Whitehead Street
Key West, FL 33040
and the Design/Builder: Sowesco Development Corporation
(Name and address) 4100 Evans Avenue, Suite #18
Fort Myers, FL 33901
For the following Project: 813/939-1717
(Include Project name, location and detailed description of scope.)
Public Works Maintenance Garage, Marathon
The architectural services described in Article 2 will be provided by the following person or
entity who is lawfully licensed to practice architecture: Carver & Associates
(Name and address) P.O. Box 18645
Tampa, FL 33679-8645
813/253-3082
The Owner and the Design/Builder agree as set forth below.
Copyright c 1985 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006.
Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA
violates the copyright laws of the United States and will be subject to legal prosecution.
AIA DOCUMENT A191, Pan 2 - OWNER-DESIGN/BUILDER AGREEMENT - FIRST EDITION A191-IM
. AIA* - c 1985 - THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE, PART 2-PAGE 1
N.W. WASHINGTON. D_C.20006
Terms and Conditions —Part 2 Agreement
ARTICLE 1
GENERAL PROVISIONS
1.1 BASIC DEFINITIONS
1.1.1 The Contract Documents consist of the Design/
Builder's Proposal identified in Article 14, this Part 2, the
Construction Documents approved by the Owner in accor-
dance with Subparagraph 2.2.2 below and Modifications
issued after execution of Part 2. A Modification is a Change
Order or a written amendment to Part 2 signed by both
parties. These form the Contract, and are as fully a part of
the Contract as if attached to this Part 2 or repeated herein.
1.1.2 The Project is the total design and construction for
which the Design/Builder is responsible under Part 2, in-
cluding all professional design services and all labor, mate-
rials and equipment used or incorporated in such design
and construction.
1.1.3 The Work comprises the completed construction
designed under the Project and includes labor necessary to
produce such construction, and materials and equipment
incorporated or to be incorporated in such construction.
1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 This Part 2 shall be signed in not less than duplicate
by the Owner and Design/Builder.
1.2.2 It is the intent of the Owner and Design/Builder that
the Contract Documents include all items necessary for
proper execution and completion of the Work. The Con-
tract Documents are complementary, and what is required
by any one shall be as binding as If required by all. Work not
covered in the Contract Documents will not be required
unless it is consistent with and is reasonably inferable from
the Contract Documents as being necessary to produce the
intended results. Words and abbreviations which have
well-known technical or trade meanings are used in the
Contract Documents in accordance with such recognized
meanings.
1.3 OWNERSHIP AND USE OF DOCUMENTS
1.3.1 The drawings, specifications and other documents
furnished by the Design/Builder are instruments of service
and shall not become the property of the Owner whether
or not the Project for which they are made is commenced.
Drawings, specifications and other documents furnished
by the Design/Builder shall not be used by the Owner on
other projects, for additions to this Project or, unless the
Design/Builder is in default under Part 2, for completion of
this Project by others, except by written agreement relating
to use, liability and compensation.
1.3.2 Submission or distribution of documents to meet
official regulatory requirements or for other purposes in
connection with the Project is not to be construed as pub-
lication in derogation of the Design/Builder's or the Archi-
tect's common law copyrights or other reserved rights. The
Owner shall own neither the documents nor the
copyrights.
ARTICLE 2
DESIGN/BUILDER
2.1 SERVICES AND RESPONSIBILITIES
2.1.1 Design services shall be performed by qualified ar-
chitects, engineers and other professionals selected and
paid by the Design/Builder. The professional obligations of
such persons shall be undertaken and performed in the
interest of the Design/Builder. Construction services shall
be performed by qualified construction contractors and
suppliers, selected and paid by the Design/Builder and
acting in the interest of the Design/Builder. Nothing con-
tained in Part 2 shall create any professional obligation or
contractual relationship between such persons and the
Owner.
2.2 BASIC SERVICES
2.2.1 The Design/Builder's Basic Services are described
below and in Article 14.
2.2.2 Based on the Design/Builder's Proposal, the Design/
Builder shall submit Construction Documents for review
and approval by the Owner. Construction Documents shall
include technical drawings, schedules, diagrams and speci-
fications, setting forth in detail the requirements for con-
struction of the Work, and shall:
.1 develop the intent of the Design/Builder's Pro-
posal in greater detail;
.2 provide information customarily necessary for the
use of those in the building trades; and
.3 include documents customarily required for reg-
ulatory agency approvals.
2.2.3 The Design/Builder shall assist the Owner in filing
documents required to obtain necessary approvals of gov-
ernmental authorities having jurisdiction over the Project.
2.2.4 Unless otherwise provided in the Contract Docu-
ments, the Design/Builder shall provide or cause to be
provided and shall pay for design services, labor, materials,
equipment, tools, construction equipment and machinery,
water, heat, utilities, transportation and other facilities and
services necessary for proper execution and completion of
the Work, whether temporary or permanent and whether
or not incorporated or to be incorporated in the Work.
2.2.5 The Design/Builder shall be responsible for and
shall coordinate all construction means, methods, tech-
niques, sequences and procedures.
2.2.6 The Design/Builder shall keep the Owner informed
of the progress and quality of the Work.
2.2.7 If requested in writing by the Owner, the Design/
Builder, with reasonable promptness and in accordance
with time limits agreed upon, shall interpret the require-
ments of the Contract Documents and initially shall decide,
subject to demand for arbitration, claims, disputes and
other matters in question relating to performance there-
under by both Owner and Design/Builder. Such interpreta-
tions and decisions shall be in writing, shall not be pre-
sumed to be correct and shall be given such weight as the ,
arbitrator(s) or the court shall determine.
A191-1985 AIA DOCUMENT A191, Part 2 • OWNER-DESIGNiBUILDER AGREEMENT • FIRST EDITION
AIAa • ®19a5 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORKAVENUE,
PART 2-PAGE 2 N.W., WASHINGTON, D.C. 20006
2.2.8 The Design/Builder shall correct Work which does
not conform to the Construction Documents.
2.2.9 The Design/Builder warrants to the Owner that ma-
terials and equipment incorporated in the Work will be new
unless otherwise specified, and that the Work will be of
good quality, free from faults and defects, and in confor-
mance with the Contract Documents. Work not conform-
ing to these requirements shall be corrected in accordance
with Article 9.
2.2.10 The Design/Builder shall pay all sales, consumer,
use and similar taxes which were in effect at the time the
Design/Builder's Proposal was first submitted to the Owner,
and shall secure and pay for building and other permits and
governmental fees, licenses and inspections necessary for
the proper execution and completion of the Work which
are either customarily secured after execution of Part 2 or
are legally required at the time the Design/Builder's Pro-
posal was first submitted to the Owner.
2.2.11 The Design/Builder shall give notices and comply
with laws, ordinances, rules, regulations and lawful orders
of public authorities relating to the Project.
2.2.12 The Design/Builder shall pay royalties and license
fees. The Design/Builder shall defend suits or claims for
infringement of patent rights and shall save the Owner
harmless from loss on account thereof, except that the
Owner shall be responsible for such loss when a particular
design, process or product of a particular manufacturer is
required by the Owner. However, if the Design/Builder has
reason to believe the use of a required design, process or
product is an infringement of a patent, the Design/Builder
shall be responsible for such loss unless such information
is promptly given to the Owner.
2.2.13 The Design/Builder shall be responsible to the
Owner for acts and omissions of the Design/Builder's em-
ployees and parties in privity of contract with the Design/
Builder to perform a portion of the Work, including their
agents and employees.
2.2.14 The Design/Builder shall keep the premises free
from accumulation of waste materials or rubbish caused by
the Design/Builder's operations. At the completion of the
Work, the Design/Builder shall remove from and about the
Project the Design/Builder's tools, construction equip-
ment, machinery, surplus materials, waste materials and
rubbish.
2.2.15 The Design/Builder shall prepare Change Orders
for the Owner's approval and execution in accordance with
Part 2 and shall have authority to make minor changes in the
design and construction consistent with the intent of Part 2
not involving an adjustment in the contract sum or an
extension of the contract time. The Design/Builder shall
promptly inform the Owner, in writing, of minor changes in
the design and construction.
2.2.16 The Design/Builder shall notify the Owner when
the Work or an agreed upon portion thereof is substantial)y
completed by issuing a Certificate of Substantial Comple-
tion which shall establish the Date of Substantial Comple-
tion, shall state the responsibility of each party for security,
maintenance, heat, utilities, damage to the Work and in-
surance, shall include a list of items to be completed or
corrected and shall fix the time within which the De-
sign%Builder shall complete items listed therein. Disputes
between the Owner and Design. Builder regarding the Cer-
tificate of Substantial Completion shall be resolved by
arbitration.
2.2.17 The Design/Builder shall maintain in good order at
the site one record copy of the drawings, specifications,
product data, samples, shop drawings, Change Orders and
other Modifications, marked currently to record changes
made during construction. These shall be delivered to the
Owner upon completion of the design and construction
and prior to final payment.
ARTICLE 3
OWNER
3.1 The Owner shall designate a representative autho-
rized to act on the Owner's behalf with respect to the
Project. The Owner or such authorized representative shall
examine documents submitted by the Design/Builder and
shall promptly render decisions pertaining thereto to avoid
delay in the orderly progress of the Work.
3.2 The Owner may appoint an on -site project represen-
tative to observe the Work and to have such other responsi-
bilities as the Owner and Design/Builder agree in writing
prior to execution of Part 2.
3.3 The Owner shall cooperate with the Design/Builder in
securing building and other permits, licenses and inspec-
tions, and shall pay the fees for such permits, licenses and
inspections if the cost of such fees is not identified as being
included in the Design/Builder's Proposal.
3.4 The Owner shall furnish services by land surveyors,
geotechnical engineers and other consultants for subsoil,
air and water conditions, in addition to those provided
under Part 1 when such services are deemed necessary by
the Design/Builder to carry out properly the design services
under this Part 2.
3.5 The Owner shall furnish structural, mechanical,
chemical, geotechnical and other laboratory or on -site
tests, inspections and reports as required by law or the
Contract Documents.
3.6 The services, information, surveys and reports re-
quired by Paragraphs 3.4 and 3.5 shall be furnished at the
Owner's expense, and the Design/Builder shall be entitled
to rely upon their accuracy and completeness.
3.7 If the Owner observes or otherwise becomes aware of
a fault or defect in the Work or nonconformity with the
Design or Construction Documents, the Owner shall give
prompt written notice thereof to the Design/Builder.
3.8 The Owner shall furnish required information and
services and shall promptly render decisions pertaining
thereto to avoid delay in the orderly progress of the design
and construction.
3.9 The Owner shall, at the request of the Design/Builder
and upon execution of Part 2, provide a certified or nota-
rized statement of funds available for the Project and their
source.
3.10 The Owner shall communicate with contractors only
through the Design/Builder.
ARTICLE 4
TIME
4.1 The Designr'Builder shall provide services as expedi-
tiously as is consistent with reasonable skill and care and
the orderly progress of design and construction.
4.2 Time limits stated in the Contract Documents are of
the essence of Part 2. The Work to be performed under Part
AIA DOCUMENT A191, Part 2 • O\VNER-DESIGNISIJILDER AGREEMENT • FIRST EDITION A191-1985
• AIA"- • s1985 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEXY YORK AVENUE, PART 2-PAGE 3
1.W.. WASHINGTON, D.C. 20006
2 shall commence upon execution of a notice to proceed
unless otherwise agreed and, subject to authorized Modifi-
cations, Substantial Completion shall be achieved as indi-
cated in Article 14.
4.3 The Date of Substantial Completion of the Work or an
agreed upon portion thereof is the date when construction
or an agreed upon portion thereof is sufficiently complete
so the Owner can occupy and utilize the Work or agreed
upon portion thereof for its intended use.
4.4 The schedule provided in the Design/Builder's Pro-
posal shall include a construction schedule consistent with
Paragraph 4.2 above.
4.5 If the Design/Builder is delayed in the progress of the
Project by acts or neglect of the Owner, Owner's employ-
ees, separate contractors employed by the Owner, changes
ordered in the Work not caused by the fault of the Design/
Builder, labor disputes, fire, unusual delay in transporta-
tion, adverse weather conditions not reasonably anticipata-
ble, unavoidable casualties, or other causes beyond the
Design/Builder's control, or by delay authorized by the
Owner's pending arbitration or another cause which the
Owner and Design/Builder agree is justifiable, the contract
time shall be reasonably extended by Change Order.
ARTICLE 5
PAYMENTS
5.1 PROGRESS PAYMENTS
5.1.1 The Design/Builder shall deliver to the Owner
itemized Applications for Payment in such detail as indicat-
ed in ,Article 14.
5.1.2 Within ten days of the Owner's receipt of a properly
submitted and correct Application for Payment, the Owner
shall make payment to the Design;Builder.
5.1.3 The Application for Payment shall constitute a repre-
sentation by the Design/Builder to the Owner that, to the
best of the Design/Builder's knowledge, information and
belief, the design and construction have progressed to the
point indicated; the quality of the Work covered by the
application is in accordance with the Contract Documents;
and the Design/Builder is entitled to payment in the
amount requested.
5.1.4 The Design/Builder shall pay each contractor, upon
receipt of payment from the Owner, out of the amount paid
to the Design/Builder on account of such contractor's work,
the amount to which said contractor is entitled in accor-
dance with the terms of the DesigniBuiIder's contract with
such contractor. The Design/Builder shall, by appropriate
agreement with each contractor, require each contractor to
make payments to subcontractors in similar manner.
5.1.5 The Owner shall have no obligation to pay or to be
responsible in any way for payment to a contractor of the
Design/Builder except as may otherwise be required by law.
5.1.6 No progress payment or partial or entire use or
occupancy of the Project by the Owner shall constitute an
acceptance of Work not in accordance with the Contract
Documents.
5.1.7 The Design/Builder warrants that: (1) title to Work,
materials and equipment covered by an Application for
Payment will pass to the O�%ner either by incorporation in
construction or upon receipt of payment by the Designs
Builder, whichever occurs first; (2) Work, materials and
equipment covered by previous Applications for Payment
are free and clear of liens, claims, security interests or
encumbrances, hereinafter referred to as 'liens'; and (3)
no Work, materials or equipment covered by an Applica-
tion for Payment will have been acquired by the Design/
Builder, or any other person performing work at the site or
furnishing materials or equipment for the Project, subject
to an agreement under which an interest therein or an
encumbrance thereon is retained by the seller or otherwise
imposed by the Design/Builder or such other person.
5.1.8 If the Contract provides for retainage, then at the
date of Substantial Completion or occupancy of the Work
or any agreed upon portion thereof by the Owner, which-
ever occurs first, the Design/Builder may apply for and the
Owner, if the Design/Builder has satisfied the requirements
of Paragraph 5.2.1 and any other requirements of the Con-
tract relating to retainage, shall pay the Design/Builder the
amount retained, if any, for the Work or for the portion
completed or occupied, less the reasonable value of incor-
rect or incomplete Work. Final payment of such withheld
sum shall be made upon correction or completion of such
Work.
5.2 FINAL PAYMENT
5.2.1 Neither final payment nor amounts retained, if any,
shall become due until the Design/Builder submits to the
Owner (1) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the
Project for which the Owner or Owner's property might be
liable have been paid or otherwise satisfied, (2) consent of
surety, if any, to final payment, (3) a certificate that insur-
ance required by the Contract Documents is in force fol-
lowing completion of the Work, and (4) if required by the
Owner, other data establishing payment or satisfaction of
obligations, such as receipts, releases and waivers of liens
arising out of Part 2, to the extent and in such form as may
be designated by the Owner. If a contractor refuses to
furnish a release or waiver required by the Owner, the
Design/Builder may furnish a bond satisfactory to the
Owner to indemnify the Owner against such lien. If such
lien remains unsatisfied after payments are made, the De-
sign/Builder shall reimburse the Owner for moneys the
latter may be compelled to pay in discharging such lien,
including all costs and reasonable attorneys' fees.
5.2.2 Final payment constituting the entire unpaid bal-
ance due shall be paid by the Owner to the Design/Builder
upon the Owner's receipt of the Design/Builder's final Ap-
plication for Payment when the Work has been completed
and the Contract fully performed except for those respon-
sibilities of the Design/Builder which survive final payment.
5.2.3 The making of final payment shall constitute a
waiver of all claims by the Owner except those arising from:
.1 unsettled liens;
.2 faulty or defective Work appearing after Substan-
tial Completion;
.3 failure of the Work to comply with requirements
of the Contract Documents; or
.4 terms of special warranties required by the Con-
tract Documents.
5.2.4 Acceptance of final payment shall constitute a
waiver of all claims by the Design/Builder except those
previously made in v+riting and identified by the Design
Builder as unsettled at the time of final -\pplication for
Payment.
A191-1985 AIA DOCUMENT A191, Part 2 • OWNER-DESIGN,BUILDER AGREEMENT • FIRST EDITION
• AIA' • .c 1985 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1:33 NEW YORK AVENUE,
PART 2-PAGE 4 N.W., WASHINGTON, D.C. 20006
11
5.3 INTEREST PAYMENTS
5.3.1 Payments due the Design/Builder under Part 2 which
are not paid when due shall bear interest from the date due
at the rate specified in Article 13, or in the absence of a
specified rate, at the legal rate prevailing where the prin-
cipal improvements are to be located.
ARTICLE 6
PROTECTION OF PERSONS AND PROPERTY
6.1 The Design/Builder shall be responsible for initiating,
maintaining and providing supervision of safety precau-
tions and programs in connection with the Work.
6.2 The Design/Builder shall take reasonable precautions
for safety of, and shall provide reasonable protection to
prevent damage, injury or loss to: (1) employees on the
Work and other persons who may be affected thereby; (2)
the Work and materials and equipment to be incorporated
therein; and (3) other property at or adjacent to the site.
6.3 The Design/Builder shall give notices and comply with
applicable laws, ordinances, rules, regulations and orders
of public authorities bearing on the safety of persons and
property and their protection from damage, injury or loss.
6.4 The Design/Builder shall be liable for damage or loss
(other than damage or loss to property insured under the
property insurance provided or required by the Contract
Documents to be provided by the Owner) to property at
the site caused in whole or in part by the Design/Builder, a
contractor of the Design/Builder or anyone directly or indi-
rectly employed by either of them, or by anyone for whose
acts they may be liable, except damage or loss attributable
to the acts or omissions of the Owner, the Owner's separate
contractors or anyone directly or indirectly employed by
them or by anyone for whose acts they may be liable and
not attributable to the fault or negligence of the Design/
Builder.
ARTICLE 7
INSURANCE AND BONDS
7.1 DESIGN/BUILDER'S LIABILITY INSURANCE
7.1.1 The Design/Builder shall purchase and maintain in a
company or companies authorized to do business in the
state in which the Work is located such insurance as will
protect the Design/Builder from claims set forth below
which may arise out of or result from operations under the
Contract by the Design/Builder or by a contractor of the
Design/Builder, or by anyone directly or indirectly em-
ployed by any of them, or by anyone for whose acts they
may be liable:
.1 claims under workers' or workmen's compensa-
tion, disability benefit and other similar employee
benefit laws which are applicable to the Work to
be performed;
.2 claims for damages because of bodily injury, oc-
cupational sickness or disease, or death of the
Design/Builder's employees under any applicable
employer's liability law;
.3 claims for damages because of bodily injury, sick-
ness or disease, or death of persons other than the
Design/Builder's emplovees;
.4 claims for damages covered by usual personal in-
jury liability coverage which are sustained (1) by a
person as a result of an offense directly or indi-
rectly related to employment of such person by
the Design/Builder or (2) by another person;
.5 claims for damages, other than to the Work at the
site, because of injury to or destruction of tangible
property, including loss of use; and
.6 claims for damages for bodily injury or death of a
person or property damage arising out of owner-
ship, maintenance or use of a motor vehicle.
7.1.2 The insurance required by the above Subparagraph
7.1.1 shall be written for not less than limits of liability
specified in the Contract Documents or required by law,
whichever are greater.
7.1.3 The Design/Builder's liability insurance shall include
contractual liability insurance applicable to the Design/
Builder's obligations under Paragraph 11.7.
7.1.4 Certificates of Insurance, and copies of policies if
requested, acceptable to the Owner shall be delivered to
the Owner prior to commencement of design and con-
struction. These Certificates as well as insurance policies
required by this Paragraph shall contain a provision that
coverage will not be cancelled or allowed to expire until at
least thirty days' prior written notice has been given to the
Owner. If any of the foregoing insurance coverages are
required to remain in force after final payment, an addi-
tional certificate evidencing continuation of such coverage
shall be submitted along with the application for final
payment.
7.2 OWNER'S LIABILITY INSURANCE
7.2.1 The Owner shall be responsible for purchasing and
maintaining, in a company or companies authorized to do
business in the state in which the principal improvements
are to be located, Owner's liability insurance to protect the
Owner against claims which may arise from operations
under this Project.
7.3 PROPERTY INSURANCE
7.3.1 Unless otherwise provided under this Part 2, the
Owner shall purchase and maintain, in a company or com-
panies authorized to do business in the state in which the
principal improvements are to be located, property insur-
ance upon the Work at the site to the full insurable value
thereof. Property insurance shall include interests of the
Owner, the Design/Builder, and their respective con-
tractors and subcontractors in the Work. It shall insure
against perils of fire and extended coverage and shall in-
clude all risk insurance for physical loss or damage includ-
ing, without duplication of coverage, theft, vandalism and
malicious mischief. If the Owner does not intend to pur-
chase such insurance for the full insurable value of the
entire Work, the Owner shall inform the Design/Builder in
writing prior to commencement of the Work. The Design/
Builder may then effect insurance for the Work at the site
which will protect the interests of the Design/Builder and
the Design/Builder's contractors and subcontractors, and
by appropriate Change Order the cost thereof shall be
charged to the Owner. If the Design/Builder is damaged by
failure of the Owner to purchase or maintain such insur-
ance without notice to the Design/Builder, then the Owner
shall bear all reasonable costs properly attributable there-
to. If not covered under the all risk insurance or not other-
wise provided in the Contract Documents, the Design/
Builder shall effect and maintain similar property insurance
on portions of the Work stored off -site or in transit when
such portions of the Work are to be included in an Applica-
tion for Payment.
AIA DOCUMENT A191, Parl 2 • OWNER -DESIGN BUILDER AGREEMENT • FIRST EDITION
• AIA- • 5.198S • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
N.W. �%'45HINGTON. D.C. 20006
A191-1995
PART 2-PAGE 5
7.3.2 Unless otherwise provided under this Part 2, the
Owner shall purchase and maintain such boiler and ma-
chinery insurance as may be required by the Contract Doc-
uments or by law and ,%hich shall specifically cover such
insured objects during installation and until final accep-
tance by the Owner. This insurance shall cover interests of
the Owner, the Design/Builder, and the Design/Builder's
contractors and subcontractors in the Work.
7.3.3 A loss Insured under Owner's property insurance is
to be adjusted with the Owner and made payable to the
Owner as trustee for the insureds, as their interests may
appear, subject to requirements of any applicable mort-
gagee clause and of Subparagraph 7.3.8. The Design/
Builder shall pay contractors their shares of insurance pro-
ceeds received by the DesigniBuilder, and by appropriate
agreement, written where legally required for validity, shall
require contractors to make payments to their subcontrac-
tors in similar manner.
7.3.4 Before an exposure to loss may occur, the Owner
shall file with the Design/Builder a copy of each policy
required by this Paragraph 7.3. Each policy shall contain
only those endorsements specifically related to this Proj-
ect. Each policy shall contain a provision that the policy will
not be cancelled or allowed to expire until at least thirty
days' prior written notice has been given the Design/
Builder.
7.33 If the Design/Builder requests in writing that insur-
ance for risks other than those described herein or for
other special hazards be included in the property insurance
policy, the Owner shall, if possible, obtain such insurance,
and the cost thereof shall be charged to the Design;Builder
by appropriate Change Order.
7.3.6 The Owner and Design/Builder waive all rights
against each other and the contractors, subcontractors,
agents and employees, each of the other, for damages
caused by fire or other perils to the extent covered by
property insurance obtained pursuant to this Paragraph 7.3
or other property insurance applicable to the Work, except
such rights as they may have to proceeds of such insurance
held by the Owner as trustee. The Owner or Design/
Builder, as appropriate, shall require from contractors and
subcontractors by appropriate agreements, written where
legally required for validity, similar waivers each in favor of
other parties enumerated in this Paragraph 7.3. The policies
shall be endorsed to include such waivers of subrogation.
7.3.7 If required in writing by a party in interest, the
Owner as trustee shall provide, upon occurrence of an
insured loss, a bond for proper performance of the
Owner's duties. The cost of required bonds shall be
charged against proceeds received as trustee. The Owner
shall deposit proceeds so received in a separate account
and shall distribute them in accordance with such agree-
ment as the parties in interest may reach, or in accordance
with an arbitration award in which case the procedure shall
be as provided in Article 10. If after such loss no other
special agreement is made, replacement of damaged Work
shall be covered by appropriate Change Order.
7.3.8 The Owner, as trustee, shall have power to adjust
and settle a loss with insurers unless one of the parties in
interest shall object, in writing, within ten days after occur-
rence of loss, to the Owner's exercise of this power. If such
objection be made, the Owner as trustee shall make settle-
ment with the insurers in accordance with the decision of
arbitration as provided in Article 10. If distribution of insur-
ance proceeds by arbitration is required, the arbitrators will
direct such distribution.
7.3.9 If the Owner finds it necessary to occupy or use a
portion or portions of the Work before Substantial Com-
pletion, such occupancy or use shall not commence prior
to a time agreed to by the Owner and Design Builder and to
which the insurance company or companies providing
property insurance have consented by endorsement to the
policy or policies. The property insurance shall not lapse or
be cancelled on account of such partial occupancy or use.
Consent of the Design/Builder and of the insurance com-
pany or companies to such occupancy or use shall not be
unreasonably withheld.
7.4 LOSS OF USE INSURANCE
7.4.1 The Owner, at the Owner's option, may purchase
and maintain such insurance as will insure the Owner
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 Design/Builder, and its con-
tractors and their agents and employees, 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 7.4.
7.5 PERFORMANCE BOND AND PAYMENT BOND
7.5.1 The Owner shall have the right to require the De-
sign/Builder to furnish bonds covering the faithful perfor-
mance of the Contract and the payment of all obligations
arising thereunder if and as required in the Contract Docu-
ments or in Article 14.
ARTICLE 8
CHANGES IN THE WORK
8.1 CHANGE ORDERS
8.1.1 A Change Order is a written order signed by the
Owner and Design/Builder, and issued after execution of
Part 2, authorizing a change in the Work or adjustment in
the contract sum or contract time. The contract sum and
contract time may be changed only by Change Order.
8.1.2 The Owner, without invalidating Part 2, may order
changes in the Work within the general scope of Part 2
consisting of additions, deletions or other revisions, and
the contract sum and contract time shall be adjusted ac-
cordingly. Such changes in the Work shall be authorized by
Change Order, and shall be performed under applicable
conditions of the Contract Documents.
8.1.3 If the Owner requests the Design/Builder to submit
a proposal for a change in the Work and then elects not to
proceed with the change, a Change Order shall be issued
to reimburse the Design/Builder for any costs incurred for
Design Services or proposed revisions to the Contract
Documents.
8.1.4 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 gum properly
itemized and supported by sufficient substantiat-
ing data to permit evaluation;
.2 by unit prices stated in the Contract Documents or
subsequently agreed upon;
a
A191-1985 AIA DOCUMENT A191, Part 2 • O\�'�ER-DESIGN BCILDER AGREEMENT • FIRST EDITION
• AIA' • c 1985 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 \EW YORA AVENUE,
PART 2-PAGE 6 N.W.. WASHINGTON. D.C. 20006
.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 below.
8.1.S If none of the methods set forth in Clauses 8.1.4.1,
8.1.4.2 or 8.1.4.3 is agreed upon, the Design/Builder, pro-
vided a written order signed by the Owner is received, shall
promptly proceed with the Work involved. The cost of such
Work shall then be determined on the basis of reasonable
expenditures and savings of those performing the Work
attributable to the change, including the expenditures for
design services and revisions to the Contract Documents.
In case of an increase in the contract sum, the cost shall
include a reasonable allowance for overhead and profit. In
case of the methods set forth in Clauses 8.1.4.3 and 8.1.4.4,
the Design/Builder shall keep and present an itemized ac-
counting together with appropriate supporting data for
inclusion in a Change Order. Unless otherwise provided in
the Contract Documents, cost shall be limited to the fol-
lowing: 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 equipment
and machinery; additional costs of supervision and field
office personnel directly attributable to the change; and
fees paid to architects, engineers and other professionals.
Pending final determination of cost to the Owner, pay-
ments on account shall be made on the Application for
Payment. The amount of credit to be allowed by the Design/
Builder to the Owner for deletion or change which results
in a net decrease in the contract sum will be actual net cost.
When both additions and credits covering related Work or
substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of the net
increase, if any, with respect to that change.
8.1.6 If unit prices are stated in the Contract Documents
or subsequently agreed upon, and if quantities originally
contemplated are so changed in a proposed Change Order
that application of agreed unit prices to quantities pro-
posed will cause substantial inequity to the Owner or De-
sign Builder, applicable unit prices shall be equitably
adjusted.
8.2 CONCEALED CONDITIONS
8.2.1 If concealed or unknown conditions of an unusual
nature that affect the performance of the Work and vary
from those indicated by the Contract Documents are en-
countered below ground or in an existing structure other
than the Work, which conditions are not ordinarily found
to exist or which differ materially from those generally
recognized as inherent in work of the character provided
for in this Part 2, notice by the observing party shall be given
promptly to the other party and, if possible, before condi-
tions are disturbed and in no event later than twenty-one
days after first observance of the conditions. The contract
sum shall be equitably adjusted for such concealed or un-
known conditions by Change Order upon claim by either
party made within twenty-one days after the claimant be-
comes aware of the conditions.
8.3 REGULATORY CHANGES
8.3.1 The Design;Builder shall be compensated for
changes in the Work necessitated by the enactment or revi-
sion of codes, laws or regulations subsequent to the sub-
mission of the Design/Builder's Proposal under Part 1.
ARTICLE 9
CORRECTION OF WORK
9.1 The Design/Builder shall promptly correct Work re-
jected by the Owner or known by the Design/Builder to be
defective or failing to conform to the Construction Docu-
ments, whether observed before or after Substantial Com-
pletion and whether or not fabricated, installed or com-
pleted, and shall correct Work under this Part 2 found to be
defective or nonconforming within a period of one year
from the date of Substantial Completion of the Work or
designated portion thereof, or within such longer period
provided by any applicable special warranty in the Contract
Documents.
9.2 Nothing contained in this Article 9 shall be construed
to establish a period of limitation with respect to other
obligations of the Design/Builder under this Part 2. Para-
graph 9.1 relates only to the specific obligation of the De-
sign/Builder to correct the Work, and has no relationship to
the time within which the obligation to comply with the
Contract Documents may be sought to be enforced, nor to
the time within which proceedings may be commenced to
establish the Design/Builder's liability with respect to the
Design/Builder's obligations other than correction of the
Work.
9.3 If the Design/Builder fails to correct defective Work as
required or persistently fails to carry out Work in accor-
dance with the Contract Documents, the Owner, by written
order signed personally or by an agent specifically so em-
powered by the Owner in writing, may order the Design
Builder to stop the Work, or any portion thereof, until the
cause for such order has been eliminated; however, the
Owner's right to stop the Work shall not give rise to a duty
on the part of the Owner to exercise the right for benefit of
the Design/Builder or other persons or entities.
9.4 It the Design Builder 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 give a second written notice to the Design/
Builder and, seven days following receipt by the Design/
Builder of that second written notice and without prejudice
to other remedies the Owner may have, correct such defi-
ciencies. In such case an appropriate Change Order shall
be issued deducting from payments then or thereafter due
the DesignBuilder costs of correcting such deficiencies. If
the payments then or thereafter due the Design/Builder are
not sufficient to cover the amount of the deduction, the
Design/Builder shall pay the difference to the Owner. Such
action by the Owner shall be subject to arbitration.
ARTICLE 10
ARBITRATION
10.1 Claims, disputes and other matters in question be-
tween the parties to this Part 2 arising out of or relating to
Part 2 chall be decided by arbitration in accordance with
the Construction Industry Arbitration Rules of the Ameri-
can Arbitration Association then in ettect unless the par-
ties agree otherwise. No arbitration arising out of or relat-
AIA DOCUMENT A191, Part 2 • O%yNER-DESIGN.BUILDER AGREEMENT • FIRST EDITION A191-1985
• AIA' • C 1985 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW PORK AVENUE' PART 2-PAGE 7
N W. WASHINGTON. D.C. 20006
ing to this Part 2 shall include, by consolidation or joinder
or in anv other manner, an additional person not a party to
Part 2 except by written consent containing specific refer-
ence to Part 2 and signed by the Owner, Design Builder
and any other person sought to be joined. Consent to
arbitration involving an additional person or persons
shall not constitute consent to arbitration of a dispute not
described or with a person not named therein. This provi-
sion shall be specifically entorceable in any court of com-
petent jurisdiction.
10.2 Notice of demand for arbitration shall be filed in
writing with the other party to this Part 2 and with the
American Arbitration Association. The demand shall be
made within a reasonable time after the claim, dispute or
other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when the
applicable statute of limitations would bar institution of a
legal or equitable proceeding based on such claim, dis-
pute or other matter in question.
10.3 The award rendered by arbitrators shall be final,
and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction.
10.4 Unless otherwise agreed in writing, the Design/
Builder shall carry on the Work and maintain its progress
during any arbitration proceedings, and the Owner shall
continue to make payments to the Design/Builder in ac-
cordance with the Contract Documents.
10.5 This Article 10 shall survive completion or termina-
tion of Part 2.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 This Part 2 shall be governed by the law of the place
where the Work is located.
11.2 The table of contents and the headings of articles and
paragraphs are for convenience only and shall not modify
rights and obligations created by this Part 2.
11.3 In case a provision of Part 2 is held to be invalid,
illegal or unenforceable, the validity, legality and enforce-
ability of the remaining provisions shall not be affected.
11.4 SUBCONTRACTS
11.4.1 The Design/Builder, as soon as practicable after
execution of Part 2, shall furnish to the Owner in writing the
names of the persons or entities the Design/Builder will
engage as contractors for the Project.
11.4.2 Nothing contained in the Design/Builder Contract
Documents shall create a professional obligation or con-
tractual relationship between the Owner and any third
party.
11.5 WORK BY OWNER OR OWNER'S CONTRACTORS
11.5.1 The Owner reserves the right to perform Work re-
lated to, but not part of, the Project and to award separate
contracts in connection with other work at the site. If the
Design Builder claims that delay or additional cost is in-
volved because of such action by the Owner, the Design/
Builder shall make such claims as provided in Sub-
paragraph 11.6.
11.5.2 The Design Builder shall atiord the 0%%ner s >epa-
rate contractors reasonable opportunity for introduction
and storage of their materials and equipment for execution
of their work. The Design/Builder shall incorporate and
coordinate the Desigrt!Builder's Work with work of the
Owner's separate contractors as required by the Contract
Documents.
11.5.3 Costs caused by defective or ill-timed work shall be
borne by the party responsible.
11.6 CLAIMS FOR DAMAGES
11.6.1 Should either party to Part 2 suffer injury or damage
to person or property because of an act or omission of the
other party, the other party's employees or agents, or an-
other for whose acts the other party is legally liable, claim
shall be made in writing to the other party within a reason-
able time after such injury or damage is or should have
been first observed.
11.7 INDEMNIFICATION
11.7.1 To the fullest extent permitted by law, the Design/
Builder shall indemnifv and hold harmless the Owner and
the Owner's consultants and separate contractors, any of
their subcontractors, sub -subcontractors, agents and em-
ployees from and against claims, damages, losses and ex-
penses, including but not limited to attorneys' fees, arising
out of or resulting from performance of the Work. These
indemnification obligations shall be limited to claims, dam-
ages, losses or expenses (1) that are attributable to bodily
injury, sickness, diseaseor death, or to injury to or destruc-
tion of tangible property(other than the Work itself) includ-
ing loss of use resulting therefrom, and (2) to the extent
such claims, damages, losses or expenses are caused in
whole or in part by negligent acts or omissions of the
Design'Builder, the Design/Builder's contractors, anyone
directly or indirectly employed by either or anyone for
whose acts either may be liable, regardless of whether or
not they are caused in part by a party indemnified here-
under. Such obligation shall not be construed to negate,
abridge or otherwise reduce other rights or obligations of
indemnity which would otherwise exist as to a party or
person described in this Paragraph 11.7.
11.7.2 In claims against the Owner or its consultants and
its contractors, any of their subcontractors, sub -sub-
contractors, agents or employees by an employee of the
Design/Builder, its contractors, anyone directly or indi-
rectly employed by them or anyone for whose acts they
may be liable, the indemnification obligation under this
Paragraph 11.7 shall not be limited by a limitation on
amount or type of damages, compensation or benefits pay-
able by or for the Design/Builder, or a Design/Builder's
contractor, under workers' or workmen's compensation
acts, disability benefit ads or other employee benefit acts.
11.8 SUCCESSORS AND ASSIGNS
11.8.1 This Part 2 shall be binding on successors, assigns,
and legal representatives of and persons in privity of con-
tract with the Owner or Design/Builder. Neither party shall
assign, sublet or transfer an interest in Part 2 without the
written consent of the other.
11.8.2 This Paragraph 11.8 shall survive completion or ter-
mination of Part 2.
11.9 In case of termination of the Architect, the Design'
Builder shall provide the services of another lawfully li-
censed person or entity against whom the Owner makes no
reasonable objection.
A191-1985 AIA DOCUMENT A191, Part 2 • OWNER -DESIGN BUILDER AGREEMENT • FIRST EDITION
• AIA' • C1985 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
PART 2-PAGE 8 N.%%. WASHINGTON, D.C. 20006
11.10 EXTENT OF AGREEMENT
11.10.1 Part 2 represents the entire agreement between
the Owner and Design/Builder and supersedes Part 1 and
prior negotiations, representations or agreements. Part 2
may be amended only bywritten instrument signed by both
Owner and Design/Builder.
ARTICLE 12
TERMINATION OF THE AGREEMENT
12.1 TERMINATION BY THE OWNER
12.1.1 This Part 2 may be terminated by the Owner upon
fourteen days' written notice to the Design/Builder in the
e%ent that the Project is abandoned. If such termination
occurs, the Owner shall pay the Design/Builder for Work
completed and for proven loss sustained upon materials,
equipment, tools, and construction equipment and ma-
chinery, Including reasonable profit and applicable
damages.
12.1.2 lithe Design/Builder defaults or persistently fails or
neglects to carry out the Work in accordance with the
Contract Documents or fails to perform the provisions of
Part 2, the Owner may give written notice that the Owner
intends to terminate Part 2. If the Design/Builder fails to
correct the defaults, failure or neglect within seven days
after being given notice, the Owner may then give a second
written notice and, after an additional seven days, the
Owner may without prejudice to any other remedy make
good such deficiencies and may deduct the cost thereof
from the payment due the Design/Builder or, at the Owner's
option, may terminate the employment of the Design/
Builder and take possession of the site and of all materials,
equipment, tools and construction equipment and ma-
chinery thereon owned by the Design/Builder and finish
the Work by whatever method the Owner may deem expe-
dient. If the unpaid balance of the contract sum exceeds
the expense of finishing the Work, the excess shall be paid
to the Design/Builder, but if the expense exceeds the un-
paid balance, the Design/Builder shall pay the difference to
the Owner.
12.2 TERMINATION BY THE DESIGN/BUILDER
12.2.1 If the Owner fails to make payment when due, the
Design/Builder may give written notice of the Design/Build-
er's intention to terminate Part 2. If the Design/Builder fails
to receive payment within seven days after receipt of such
notice by the Owner, the Design/Builder may give a second
written notice and, seven days after receipt of such second
written notice by the Owner, may terminate Part 2 and
recover from the Owner payment for Work executed and
for proven losses sustained upon materials, equipment,
tools, and construction equipment and machinery, includ-
ing reasonable profit and applicable damages.
AIA DOCUMENT A191, Part 2 • OH'NER•DESIGN/BUILDER AGREEMENT • FIRST EDITION A191-INS
• AIA• • t1985 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,
N �, . WASHINGTON. D.C. 20006 PART 2-PAGE 9
ARTICLE 13
BASIS OF COMPENSATION
The Owner shall compensate the Design/Builder in accordance with Article S, Payments, and the other provisions of this Part
2 as described below.
13.1 COMPENSATION
13.1.1 FOR BASIC SERVICES, as described in Paragraphs 2.2.2 through 2.2.17, and for any other services included in Article 14
as part of Basic Services, Basic Compensation shall be as follows:
13.2 REIMBURSABLE EXPENSES
13.2.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Services and include actual
expenditures made by the Design/Builder in the interest of the Project for the expenses listed as follows:
13.2.2 FOR REIMBURSABLE EXPENSES, compensation shall be a multiple of ( ) times the amounts
expended.
13.3 INTEREST PAYMENTS
13.3.1 The rate of interest for past due payments shall be as follows:
Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owners
and Design Builder's principal places of business, at the location of the Project and elsewhere may affect the validity of this provision. Specific legal
advice should be obtained with respect to deletion, modification or other requirements, such as written disclosures or waivers.)
A191-1985 AIA DOCUMENT A191, Part 2 • OWNER -DESIGN; BUILDER AGREEMENT • FIRST EDITION
• AIA' • 0985 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,
PART 2-PAGE 10 N.W., WASHINGTON, D.C. 20006
7
ARTICLE 14
OTHER PROVISIONS
14.1 The Basic Services to be pertormed shall be commenced on and, subject to authorized
adjustments and to delays not caused by the Design/Builder, Substantial Completion shall be achieved
in ( ) calendar days.
14.2 The Basic Services beyond those described in Article 2 are:
14.3 The Design/Builder shall submit an Application for Payment on the twenty-fifth of each month.
14.4 The Design/Builder's Proposal includes:
ibst below: this Part 2, Supplementary and (ar,er ot,oa �,^.s rf,e �•: ts-n,x •, h :.r..•crr+c.,:ons, andModifications, showing page or sheet numbers in all
cases and dates where applicable to define the sc ooe of .'.:
This Part 2 Agreement, Supplemental Terms and Conditions, Pages 1 through 12, the Part 1 Design/Build
Agreement, Specifications and Drawings approved by the Owner, and the General Requirements, Sections
00970, 00980, 01027, 01028, 01200, 01310, 01370, 01385, 01410, 01510, 01520, 01550, 01560, 01580,
01590, 01595, 01600, 01630, 01650, 01670, 01700, 01710, 01720, and 01730, as attached.
This Part 2 entered into as of the day and year first written above.
OWNER
Monroe County Board of County Commissioners
-Q t k L, o r% d o r1
Attest: Danny L. Kolhage, Clerk
By:
Date: ULI -
DESIGN/BUILDER
Sowesco Development Corporation
BY (�'"
�KIIWQ
U�
AIA DOCUMENT A191, Parl 2 • OWNER-DESIGN/BUILDER AGREEMENT • FIRST EDITION
• AIA* • c1985 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,
NW_WASHINGTON, D.C. 20006
A191-1985
PART 2-PAGE 11
BOND PREMIUM BASED 0`'
F FINAL CONTRACT :PRICE
#028000444 PUBLIC CCNST)3U ION gQjjQ
$12962.00
BY THIS BOND,.We SOWESCO DEVELOPMENT CORPORATION, as Principal
and AMWEST SURETY-11—N-MIUMCRE COMPANY , a corporation,
as Surety, aria bound to MONROE COUNTY ARD OF COUNTY COMMISSIONERS
herein called Owner, in the sum of $
for payment of which we bind ourselves, or heirs, personal
representativias, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Per isrms the contract dated JULY 28, 1993
19 , between Principal.and Owner for construction of
PUBLIC WORKS MAINTENANCE GARAGE, MARATHON , 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 delays,
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 affe--t Surety's obligation under this bond.
DATE ON AUGUST 2, 19 93
SOWESCO DEVELOPMENT ORPORATION
(NAME OF PRINCI,
a!
( AS ATT099Ey_ IN FAM4b15FJdLAS A
A14WEST SU ETY INSURANCE COMPANY
NAME OF SURETY)
Licensed Florida
R ide Ag nt:
XhA
(countarsi atyre)
CS
25O1 A- - S e (m�
(address)
n
lcit.�
BOND NUNITJ"R POWER NUMBER ", 0 T VALID F OZ �')NG
028000444 0 0 0 18 4 9 0 0 - 73 E xf -- UT E D ON ':� APT
10-OS-93
__ -- - — -- --- _ PE ,,kL SLIM
DEVELOPMENT
HIM
`t
This document is printed on nralti-colored security paper with black and red ink, with border in blue ink and bears the raised
seal of Amwest Surety lnsurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid.
This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be
used in conjunction u2th any other power of attorney. No representations or warranties regarding this Power of Attorney may
be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney
used in connection alth any bond issued by the Company must be on this form and no other form shall have force or effect.
KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California
corporation (the `Company"), does hereby make, constitute and appoint:
DOUGLAS A. Sw?..; }N—LP
AS AN LMPLJYvE DF .'fit-'.d=ST SJRETY INSURANCE COMPANY
its true and lawful Attomey-in-Fact, with limited power and authority for and on behalf of the Company as surety,
to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings,
recognizances or other written obligations in the nature thereof as follows:
Bid Bonds up to �-,:*1,300,300.00
Contract (Performance & Payment), Court, Subdivisioi S-*1,000,000.0
License & l'ert,it 3onds up to $--r1,000,000.00
';iscettane us ponds up to $rY1,000,000.00
Sma1t Business Adrinistrat;ion Guaranteed Bonds up ta $Yr1,2S0,000.0
and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the
Company, which are now in full force and effect. -
'A �L1AL I1111 t.1
I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation,
=" DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked :--
.� .. X
n a and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant
OMM nrnvieinnc of the Rv-lawns of the Comnanv. are now in full force and effect.
>igned and sealed at TAMPA, FLORIDA this 2ND day of AUGUST 19 93
03 00184900 - 73
Karen G. Cohen, Secretary d
MA, VA
�f
Resolutions of the Board of Directors
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the
Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975:
RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary,
may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment
in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds,
undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-
fact or agent and revoke any power of attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding
upon the Company:
(i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any
Secretary or Assistant Secretary; or
(ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned
and sealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant
to and within the limits of the authority evidenced by the power of attorney issued by the Company to
such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by
facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the
same force and effect as though manually affixed.
IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and
its corporate seal to be hereunto affixed this 1st day of December, 1990.
..... Uggy,,����
�• pRPOAq�'
NY
` 7W3
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
1 t�
John E. Savage, resident Karen G. Cohen, Secre
On this 1st day of December, 1990, personally came before me John E. Savage and Karen G. Cohen, to me known to be the
individuals and officers of Amwest Surety Insurance Company, who executed the above instrument, and they have acknowledged tl:e
execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid
and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation.
OFFICIAL SEAL
ANA B. ZAMUDIO-SOUS
Notary R,bL—Coftomia
m FQNCPAL OFFICE IN
LOS COUNTY
My o--ftiubn Eq**
October 22, 1993
Ana B. udio-Solis, Notary Puce
Restrictions and Endorsements
K
l3 -o 4/7'
CUSTOSSR : 187313 C R T I F I C A T E O F I N S U R A`, E ISSUE DATE: 08/09/93
PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
ITALIANO INS. SERVICES NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
2506 A SOUTH MAC DILL I EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
R 0 BOX 18425
TAMPA, F L i COMPANIES AFFORDING COVERAGE
`r'` ZIP CODE 33679 I
---------------------------------
INSURED
SOWESCO DEVELOPMENT CORP
940 CHALMER DR
MARCO ISLAND; FL
ZIP CODE 33837-2536
-----------------------------------------
COVERAGES
COMPANY LETTER A THE MARYLAND
COMPANY LETTER B TRAVELERS
COMPANY LETTER C
COMPANY LETTER D DulE
N/ A YES
COMPANY LETTER E wA1VER.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAfN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEC-
TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR TYPE OF INSURANCE POLICY NUMBER
--GENERAL LIABILITY
Al (X) COMMERCIAL GENERAL LIABILITY ECA 16809809
I ( ) CLAIMS MADE (X) OCCUR. I
I () OWNER'S & CONTRACTOR'S PROT. I
jO I
--------------------------------
IAUTOMOBILE LIABILITY
Al O ANY AUTO
I !) ALL OWNED AUTOS
O SCHEDULED AUTOS
(r (X) HIRED AUTOS
I (X) NON —OWNED AUTOS
! ? GARAGE LIABILITY
------------------------------
I()
(EXCESS LIABILITY
1 () UMBRELLA FORM
1 {) OTHER THAN UMBRELLA FORM
--------------------------------
I
BI WORKER'S COMPENSATION
AND
I EMPLOYER'S LIABILITY
1
POLICY POLICY
EFF. DATE EXP. DATE LIMITS
GENERAL AGGREGATE $ 11000,0_
07/29/93 07/29/94 I PRODUCTS—COMP/OP AGG. 1,:00, t'c
PERSONAL h ADV. INJURY $ 1,000,0ol_
EACH OCCURRENCE $ 11000100:
FIRE DAMAGE (ANY ONE FIRE) $ 50,00:_
I MED. EXPENSE (ANY ONE PERS) $ 5,00`
ECA 16810187 07/29/93 07/29/94 1 COMBINED SINGLE LIMIT $ 11000,00.
6UB69IV849292 08/08/93 08/08/94
BODILY INJURY (PER PERSON) $
BODILY INJURY (PER ACC) $
PROPERTY DAMAGE
---------------
EACH OCCURRENCE
AGGREGATE
( ) STATUTORY LIMITS
EACH ACCIDENT
DISEASE —POLICY LIMIT
DISEASE —EACH EMPLOYEE
------------------------------------------------------------------------------------------------------------
I OTHER
II ! I
------------------------------------------------------------------------------------------------------------
DESCF;IPTIO'd OF OFEF;ATIONS;LOCATIONS/VEHICLES,'SPECIAL ITEMS
ADDITIONAL INSURED+ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, ITS EMPLOYEES
AND OFFICERS AND MORRISON KNUDSEN/GERRITS
-------------------------------------------------------------------------------------------------------------------
CERTIFICATE HOLDER I CANCELLATION
MONROE COUNTY j SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
C,'0 MK/G I EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
5090 COLLEGE ROAD 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
KEY WEST, FL BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
ZIP CODE 33040 1 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
------------------------------------------------------------------------------------------------------------------
I AUTHORIZED REPRESENTATIVE
I DAVE SHICK
�+ ' �lTs —xm=*
Supplemental Terms and Conditions
1. Paragraph 1.2.1 - Delete the word "duplicate" and insert the word "quadruplicate"
in its place.
2. Paragraph 1.3.1 - Delete in its entirety and insert the following in its place:
"The Owner reserves the right to utilize the design at other locations determined
by the Owner. If used in a location other than the site specifically designed for in
this agreement the Design/Builder's obligations and liabilities for the Contract Site
will not carry to subsequent sites. All drawings, specifications and other
documents .furnished by the Design/Builder shall be subject to Chapter 119,
Florida Statutes, the public records law, regardless of custody or ownership."
3. Paragraph 1..3.2 - Delete in its entirety.
4. Paragraph 2.2.2 - Delete the first sentence and insert: 'Based on the
Design/Builder's Proposal and prior to proceeding with the construction, the
Design/Builder shall submit six complete sets of Construction Documents, signed
and sealed by the Architect/Engineer, to the Construction Manager for review and
tv approval by the Owner."
A
5. Paragraph 2.2.3 - Delete in its entirety and insert: "The Design/Builder shall be
responsible for filing documents and obtaining necessary approvals and permits of
governmental authorities having jurisdiction over the Project."
6. Paragraph 2.2.7 - Delete in its entirety and insert: "If requested in writing by the
Owner, the Design/Builder, after consultation with the Construction Manager,
within fifteen calendar days, shall render written decision interpreting the
requirements of the Contract Documents and initially shall decide claims, disputes
and other matters in question relating to performance thereunder by both Owner
and Design/Builder. Such interpretations and decisions shall be in writing, shall
not be presumed to be correct and shall be given such weight as the court shall
determine. When making such interpretations and initial decisions, the
Design/Builder shall endeavor to secure faithful performance by the Owner and
Design/Builder and shall not show partiality to any party."
7. Paragraph 2.2.14 - In the first sentence, after "The Design/Builder," add "on a
daily basis."
Contract GM-001
Page 1 of 12
8. Paragraph 2.2.14 - Add the following sentence to the end of the paragraph:
"Should the Design/Build Contractor fail to keep the premises free from
accumulation of waste materials or rubbish, the Owner, after 24 hour notice, may
have the site cleaned by an independent party and deduct the cost of the clean-up
from the De-sign/Build Contractor's contract sum."
9. Paragraph 2.2.15 - Delete in its entirety and insert: The Construction Manager
shall prepare Change Orders for the Design/Builder's and Owner's approval and
execution in accordance with Part 2 and the Design/Builder shall have authority,
subject to the Owner's approval, to make minor changes in the design and
construction consistent with the intent of Part 2 not involving an adjustment in the
contract sum or an extension of the contract time. The Design/Builder shall
promptly inform the Owner, in writing, through the Construction Manager, of
minor changes in the design and construction. Should the Design/Builder fail to
notify the Owner and secure approval of changes in the design or construction
prior to modifications being made, the Owner shall retain the right to require the
design or construction to be returned to its state prior to the modification at no
additional cost to the Owner."
10. Paragraph 2.2.16 - Delete in its entirety and insert: The Design/Builder shall
notify the Owner, through the Construction Manager, when the Work or an
agreed upon portion thereof is substantially completed. The Construction
Manager shall prepare for the Design/Builder's and Owner's approval a Certificate
of Substantial Completion which shall establish the Date of Substantial
Completion, shall state the responsibility of each party for security, maintenance,
heat, utilities, damage to the Work and insurance, shall include a list of items to
be completed or corrected and shall fix the time within which the Design/Builder
shall complete items listed therein. Disputes between the Owner and
Design/Builder regarding the Certificate of Substantial Completion shall be
resolved by the Circuit Court of the 16th Judicial Circuit of the State of Florida."
11. Paragraph 2.217 - Delete the last sentence and insert The Design/Builder shall
prepare and submit to the Owner prior to final payment, through the Construction
Manager, a set of reproducible record drawings showing all changes in the Work
made during construction based on these record documents."
12. Add Paragraph 2.2.18 - "The Design/Build Contractor shall furnish services by
land surveyors, geotechnical engineers, and other consultants for subsoil, air and
water conditions, above and beyond what is provided in Part 1 when such services
are deemed necessary by the Design/Build Contractor to carry out properly the
design services under Part 2."
Contract GM-001
Page 2 of 12
PI
1I Add Paragraph 2.2.19 - "The Design/Build Contractor shall furnish structural,
mechanical, chemical, geotechnical and other laboratory or on -site tests,
inspections and reports as required by law or the Contract Documents. These
services shall be provided by an independent firm specializing in the service
provided. Two copies of these certified test reports for these services shall be
submitted to the Owner within tree (3) calendar days t.'
14. Add Paragraph 2.2.20 - "The Design/Builder shall maintain at the site a full-time
project representative authorized to act in the Design/Builder's behalf."
15. Add Paragraph 2.2.21 - "The Deshun/Builder shall submit to the Construction
Manager daily written reports of progress and manpower levels in the form and
content as determined by the Construction Manager."
16. Add Paragraph 2? 22 - "The O�.% ner's review and approval of any documents
prepared by the Design/Builder or its consultants shall be solely for the purpose of
determining whether such documents are generally consistent with the Owner's
construction program and intent. No review of such documents shall relieve the
Design/Builder of its responsibility for the accuracy, adequacy, fitness, suitability
and coordination of its work product."
17. Add Paragraph 2.2.23 - "The representatives of the Design/Builder assigned to the
project shall be subject to the approval of the Owner and shall not be changed
cr without the approval of the Owner".
18. Add Paragraph 2.2.24 - "The Owner's decision shall be final on any claims,
disputes, or other matters. including those in question between the Owner and the
Design/Build Contractor. after consultation with the Construction Manager."
19. Add Paragraph 2.2 25 - "All written communications to and from the Owner shall
be forwarded throuah the Construction Manager, who is the Owner's on site
project representative."
20. Paragraph 3.1 - Delete in its entirety and insert: "The Owner's designated
representative authorized to act .)n the Owner's behalf with respect to the Project
is the Monroe County Board of County Commissioners, which meets to consider
agenda items scheduled two weeks in advance, approximately every three (3)
weeks. The Owner or such Authorized representative shall render decisions in a
timely manner pertaining, to documents submitted by the Design/Builder in order
to avoid unreasonable delay in the orderly and sequential progress of the
Design/Builder's services."
Contract GM-001 Page 3 of 12
21. Paragraph 3.2 - Delete in its entirety and insert: "The Owner's on site project
representative to observe the Work and administer the Part 2 Agreement is the
Construction Manager. The Owner's on -site representative shall have the
authority to reject work that does not conform to the Owner approved contract
documents."
22. Paragraph 3.3 - Delete the following from the paragraph: "and shall pay the fees
for such permits, licenses and inspections if the cost of such fees is not identified
as being included in the Design/Build Contractor's Proposal"
23. Paragraph 3.4 - Delete in its entirety
24. Paragraph 3.5 - Delete in its entirety
25. Paragraph 3.6 - Delete in its entirety
26. Paragraph 3.7 - Add the followin<iz sentence to the end of the paragraph:
"The Design/Build Contractor shall promptly remedy any fault or defect in the
Work or nonconformity in the Design, Construction Documents or Work."
27. Paragraph 3.9 - Delete in its entirety.
28. Paragraph 3.10 - Delete in its entirety and insert: The Owner and the
Construction Manager shall communicate with contractors only through the
Design/Builder."
29. Paragraph 4.1 - Delete in its entirety and insert: "The Design/Builder shall provide
services as expeditiously aN is consistent with reasonable skill and care and the
orderly progress of design and construction to meet the dates established in the
Milestone Schedule of the Deshyn;Build Bid Package for this Work."
30. Paragraph 4.5 - In the eighth line. delete "or by delay authorized by the Owner's
pending arbitration".
31. Paragraph 4.5 - In the tenth line. delete everything after "agree is justifiable" and
insert "the contract time shall he reasonably extended by a no cost Change Order
and in no event will the contractor be entitled to monetary dama fees due to such
delays."
32. Paragraph 5.1.1 - Delete in its entirety and insert: "The Desion/Builder shall
deliver to the Owner. throuy(h the Construction Manager. itemized Applications
for Pavment in such detail as indicated in Article 14 and requested by the Owner
or Construction Manager."
Contract GM-001 Page 4 of 12
33. Paragraph 5.1.2 - Delete "ten days" and insert "thirty days"
34. Paragraph 5.1.8 - Delete in its entirety and insert the following: "An amount equal
to ten percent of the Application for Payment shall be retained from the
Design/Build Contractor's invoice until such time as final payment is made by the
Owner."
35. Add Paragraph 5.1.9 - "The Owner or Construction Manager many decline to
approve an Application for Payment if, in their opinion, the application is not
adequately supported. If the Design/Builder and Owner or Construction Manager
cannot agree on a revised amount, the Owner shall process the Application for
the amount it deems appropriate. The Owner or Construction Manager may also
decline to approve any Applications for Payment or, because of subsequently
discovered evidence or subsequent inspections, they may nullify, in whole or part,
any approval previously made to such extent as may be necessary in their 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
Design/Builder to make payments properly to Subcontractors or Sub -
subcontractors, or for labor. materials, or equipment; (4) reasonable evidence
that the work cannot be completed for the unpaid balance of the Contract Sum'
(5) damage to the 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.
36. Add Paragraph 5.1.10 - "No Application for Payment shall be processed for
payment until certificates of insurance or other evidence of compliance by the
Design/Builder, within Article 7, have been filed with the Owner and Construction
Manager. Further, no payments on the basis of work performed by the
Design/Builder shall be paid until copies of all bonds required by Paragraph 7.15
and any certificates of insurance required of the subcontractors under Article 7
have been filed with the Owner."
37. Paragraph 5.3.1 - Delete in its entirety.
38. Article 7 - Insurance & Bonds - Delete all paragraphs in Article 7 in their entirety
and insert the following:
' 7.1 Followin( award, but prier to execution of the contract, the DesignBuilder
shall obtain, at his own expense. insurance as specified herein. The
Design/Builder will also ensure that the insurance specified herein will extend
protection to all consultants and subcontractors in any tier.
Contract GM-001 Page 5 of 12
7.2 The Design/Builder will not be permitted to commence any phase of the work
governed by this contract until satisfactory evidence of the required insurance has
been furnished to the Owner. The Design/Builder shall provide, to the Owner, as
satisfactory evidence of the required insurance, either a certificate of insurance or
a certified copy of the actual insurance policy. The Owner at it's 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 Owner by the
insurer. The certificate holder shall be Monroe County C/O MK/G, 5090 College
Road, Key West, FL 33040. The acceptance and/or approval of the Contractor's
insurance shall not be construed as relieving the Contractor from any liability or
obliLyation assumed under this contract or imposed by law. The Monroe County
Board of County Commissioners, its 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. Delays in
the commencement of work resulting from the failure of the Design/Builder to
provide satisfactory evidence of the required insurance shall not extend deadlines
specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work commenced on the specified date and time after
the Notice of Award.
7.3 The Desiizn/Builder. and all subcontractors shall maintain the required
insurance throughout the entire term of this contract and any extensions specified.
Failure to 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 Design/Builder to maintain
the required insurance shall not extend deadlines specified in this contract and any
penalties and failure to perform assessments shall be imposed as if the work had
not been suspended.
7.4 Workmen's Compensation. The Design/Builder shall obtain Workers'
Compensation Insurance \\ ith limits sufficient to respond to the applicable state's
statutes. In addition, the Design/Builder shall obtain Employers/ Liability
Insurance with limits of not less than:
$1,000.000 Bodily Injury by Accident
$1,000.000 Bodily Injury by Disease. each employee
$1.000.000 Bodily Injury by Disease, policy limits
Coverage shall be provided by a company or companies authorized to transact
business in the State of Florida and the company or companies must maintain a
Contract G M-001 Page 6 of 12
minimum rating of A -VI, as assigned by the A.M. Best Company.
If the DesignBuilder has been approved by the Florida's Department of Labor. as
an authorized self -insurer, the County shall recognize and honor the
Design/Builder's status. The Design/Builder shall be required to submit a Letter
of Authorization issued by the Department of Labor and a Certificate of
Insurance, providing details on the Desiyn/Builder's Excess Insurance Program.
If the Design/Builder participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the Design/Builder will be required to
submit updated financial statements from the fund upon request by the County.
7.5 General Liability. The Design/Builder shall obtain General Liability
Insurance with the following minimum coverages:
a. Premises Operations
b. Products and Completed Operations
C. Blanket COntractual Liability
d. Personal Injury Liability
e. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Sin�,le Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000.000 per Occurrence
$ 100.000 Property Damage
An Occurrence Form police is preferred. If coverage is provided on a Claims
Made Policy, its provisions should include coverage for claims filed on or after the
effective date of this contract. In addition, the period for which claims may be
reported should extend for a minimum of twelve (12) months following the
acceptance of the Work by the County.
Recognizing that the work governed by this contract involves either underground
exposures, explosive activities, or the possibility of collapse of a structure, the
Desion/Builder's General Liability Policy shall include coverage for the XCU
(explosion, collapse, and under(jround) exposures with limits of liability equal to
those of the General Liability Insurance policy.
7.6 Vehicle: Liability. The Deshun/Builder shall obtain Vehicle Liability Insurance
with following minimum coverages:
a. Owned. Non -Owned, and Hired Vehicles
Contract GNI-001 Page 7 of 1
The minimum limits acceptable shall be:
$1,000.000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000.000 per Occurrence
$ 1010,000 Property Damage
7.7 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
drawings and specifications. ?Notwithstanding any provisions contained in this
paragraph, the Design/Builder shall be responsible for the first $10,000 on any loss
governed by this section. The Design/Builder understands that the Owner's
property insurance policy contains certain exclusions which are available upon
request froin the Construction Manager.
7.8 Architects Errors and Omissions Liability Insurance. Recognizing that the
Work governed by this Agreement involves the furnishing of architectural services.
the Architect shall purchase and maintain. throughout the life of the contract,
Architects Errors and Omissions Liability Insurance which will respond to damages
resulting from any claim arising out of the performance of professional services or
any error or omission of the Architect arising out of the Work governed by this
contract.
The minimum limits of liability shall be:
$500,000 per occurrence/$1.000.000 aggregate
7.9 Public Construction Bond
The Owner shall require the DesignBuilder to furnish a Public Construction Bond
in the form provided by the Owner in this section as a guarantee for the faithful
performanot 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.
P
Contract G M-001 age 8 of 1
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We , as Principal
and a corporation,
as Surety, are bound to
herein called Owner, in the sum of $
for payment of which we bind ourselves, or heirs, personal
representatives, successors, and assigns, jointly 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 delays,
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 r 19
(NAME OF PRINCIPAL)
(AS ATTORNEY IN FACT)
(NAME OF SURETY)
Contract GN,1-001 Pa(e 9 of 1
39. Paragraph 8.1.1 - In the first line. delete "signed" and insert: "recommended e
by th
Construction Manager and approved"
40. Paragraph 8.1.3 - Delete in its entirety.
41. Paragraph 8.1.5 - In the tenth line. delete "a reasonable allowance" and insert "a
maximum percentage of 10c1c".
42. Paragraph 8.1.5 - Delete the following: "Pending final determination of cost to the
Owner. payments on account shall he made on the Application for Payment."
43. Paragraph 8.1.5 - Add the following to the end of the paragraph: "In no event shall
cost or overhead include home office overhead."
44. Paragraph 8.1.6 - Add the following to the end of the paragraph: "A quantity
variation for a major item, from the stated amounts in the Bid Documents. in excess
of 20% over or under these quantities shall constitute a substantial inequity. A
major item shall be any single bid item which constitutes 10% or more of the original
contract total bid amount. All other items shall be considered minor items and the
unit prices remain unrevised for the required quantities for the duration of the
contract. The sum of the quantity variations for both major and minor items which
equals a value of 30% or y(reater of the total contract amount shall also be
considered a substantial inequity."
45. Add Paragraph 8.1.7 - "The maximum percentage mark-up allowed in any Change
Order for overhead and profit shall be 10%. This percentage shall be applied to all
addition and deletion change orders."
46. Paragraph 8.2.1 - In the tenth and fourteenth lines. delete "twenty-one" and insert
"seven".
47. Paragraph 8.3.1 - Delete in its entirety and insert: "The Design/Builder shall be
compensated for changes in the Work necessitated by the enactment or revision of
codes, laws or regulations subsequent to the submission of the Design/Builder's
Proposal under Part 1, but only if the Design/Builder promptly brings the enactments
or revisions to the attention of the Owner and the Construction Manager.'
48. Paragraph 9.4 - In the third and seventh lines, delete "seven days" and insert "forty-
eight hours".
49. Paragraph 9.4 - Delete the followino sentence from the paragraph:
"Such action by the Owner shall be subject to arbitration."
Contract GM-00.1 P�.,�_e 10 of 12
50. Paragraph 10 - Delete in its cmirety and substitute "Article 10 - Disputes and Claims
10.1 The Owner has established a Dispute Review Board to review issues that had
exhausted remedies of the contract to determine if they could be settled without the
cost of litigation. It is preferred by the Owner that any significant disputes be
presented to this entity prior to proceeding litigation in accordance with Paragraph
10.2.
10.2 Claims, disputes and other matters in question between the parties to this Part
2 arising out of or relating to Part 2 and not resolved with the Dispute Review Board
shall be decided in the Circuit Court of the 16th Judicial Circuit of the State of
Florida. This contract is subject to the provisions of Section 255.05. Florida Statutes.
and those provisions of Chapter 713, Florida Statutes, which are incorporated
therein.
10.3 The Design/Build Contractor shall carry on the Work and maintain its progress
during any claim or dispute resolution proceeding and the Owner shall continue to
make payments to the Design/Build Contractor in accordance with the Contract
Documents.
10.4 This Article 10 shall survive completion or termination of Part 2."
51. Delete Paragraph 11.7 in its entirety and insert "Indemnification and Hold Harmless"
and the following subparagraphs:
"11.7.1 The Design/Builder covenants and agrees to indemnify and hold harmless
Monroe County, Monroe County Board of County Commissioners, and Morrison-
Knudsen/Gerrits from any and all claims for bodily injury (includin( death), personal
injury, and property damage (includin�u, property owned by Monroe County and
Morrison- Knudsen/Gerrits) and any other losses, dama�,es, and expenses (including
attorney's fee;) which arise out of, in connection with, or by reason of services
provided by the Design/Builder or any of its consultants or subcontractors in any tier.
occasioned by the negligence or other wrongful act or omission of the Design/Builder
or its consultants or subcontr�ictors in am tier, their employees, or agents.
The first ten dollars ($10.00) of remuneration paid to the Design/Builder 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.
11.7.2 Shoulc_ any claims be asserted against the Owner by virtue of any design
Contract GM-001 Page 11 of 12
deficiency or increase in construction cost result due to any defect or deficiency ill
the plans or specifications provided by the Design.;Builder.the Design Builder agrees
and warrants that he shall hold the Owner harillless and shall indemnify hint from all
losses occurrin�� thereby and further shall defend any claim or action on the Owner's
behalf."
52. Paragraph 12.1.1 - In the second line, delete "fourteen" and insert "seven".
53. Paragraph 12.1.1 - Add the following to the end of the paragraph: "In no event shall
the Design/Build Contractor's loss, damage, reasonable profit or overhead include
home office overhead."
54. Paragraph 12.1.2 - In the sixth and eighth lines, delete "seven days" and insert "forty-
el-;llt 110LIFS,".
55. Paragraph 12.2 - Delete in its entirety
56. Article 13 - delete all paragraphs and insert: "The Owner shall compensate the
Design/Builder in accordance with Article 5, Payments, and the other provisions of
this Part 2 as described below.
13.1 Compensation
13.1.1 For Basic Services, as described in Paragraph 2.2. Basic Services, and for
any other services included in Article 14 as part of Basic Services, Basic
Compensation shall be as follows:
Lump Sum Amount $ 946,200.00
57. Paragraph 14.1 - delete in its entirety and insert: "The Basic Services to be
performed shall be commenced upon Notice to Proceed and, subject to authorized
adjustments and to delays not caused by the Design;Builder, Substantial Completion
shall be achieved in 184 calendar days. The Basic Services shall be performed to
meet the completion dates established in the following Milestone Schedule:
Phase II Notice of Award Julv 29, 1993
Phase II Notice to Proceed August 5, 1993
Phase 11 Substantial Completion February 5, 1994
58. Paragraph 14.2 - delete in its entirety
Contract GM-001 Page 12 of 1? 1
SECTION 00970
PROJECT SAFETY AND HEALTH PLAN
1.1 REGULATIONS AND POLICIES
1.1.1 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.
1.1.2 In this Section 00970, "Morrison Knudsen/Gerrits" and
"Construction Manager" shall mean "Owner's agent" and
"Contractor" shall mean "Design/Builder".
1.2 PROJECT SAFETY AND HEALTH REQUIREMENTS
1.2.1 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
08/01/92 PROJECT SAFETY & HEALTH PLAN 00970 - 1
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
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:OOpm 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
08/01/92 PROJECT SAFETY & HEALTH PLAN 00970 - 2
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
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.
08/01/92 PROJECT S-FETY & HEALTH PLAN 00970 - 3
.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
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.
1.3 FIRE PROTECTION
1.3.1 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.
1.4 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES
1.4.1 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
08/01/92 PROJECT SAFETY & HEALTH PLAN uuyiu - 4
1E
mean that any such responsibility is the obligation of the
Owner or the Architect or the Construction Manager.
1.5 BARRICADES, WARNING DEVICES AND LIGHTING
1.5.1 The Contractor shall be solely responsible for
providing temporary ladders, guard rails, warning 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.
1.5.2 It shall be the responsibility of the Contractor to
provide additional temporary lighting, if needed to maintain
safe conditions.
1.5.3 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.
08/01/92 PROJECT SAFETY & HEALTH PLAN 00970 - 5
SECTION 00980
CONTRACTOR QUALITY CONTROL PLAN
In this Section 00980, "Morrison-Knudsen/Gerrits" and
"Construction Manager" shall mean "Owner's agent" and
"Contractor" shall mean "Design/Builder".
1.1 Morrison-Knudsen/Gerrits' Duties and Responsibilities.
1.1.1 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.
1.2 Contractor's Duties and Responsibilities
1.2.1 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.
1.2.2 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.
1.2.3 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 Jata or sample shall commence until the submittal
has been reviewed and approved by the Architect/Engineer.
1.2.4 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.
1.2.5 The Contractor's Quality Control Representative will
08/01/92 CONTRACTOR QUALITY CONTROL PLAN 00980 - 1
review his drawings, procurement documents and contracts to
insure that the technical information provided and all work
performed is in accordance with the latest revisions of the
Contract Drawings and Specifications.
1.2.6 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/Serrits 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.
1.3 Inspection and Testing
1.3.1 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.
08/01/92 CONTRACTOR QUALITY CONTROL PLAN 00980 - 2
(e) Potential utility outages.
(f) Any other preparatory steps dependent upon
the particular operation.
(g) Quality standards.
(h) Safety or environmental precautions to be
observed. (Phase Hazard)
Note: 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.
Note: 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
O8/01/92 CONTRACTOR QUALITY CONTROL PLAN 00980 - 3
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.
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.)
Note: 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.
Note: The Contractor shall conduct and report
corrections of this inspection which
shall be a required submittal.
1.3.1.5 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: Morrison-Knudsen/Gerrits will record the
minutes to this inspection meeting.
08/01/92 CONTRACTOR QUALITY CONTROL PLAN 00980 - 4
1.3.1.6 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.
1.3.2 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-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.
1.3.3 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
cr 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.
A
1.4 Reporting
1.4.1 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.
1.4.2 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
08/01/92 CONTRACTOR QUALITY CONTROL PLAN 00980 - 5
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.
1.4.3 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 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 :Kanager 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 --ontractor 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
1.7.1 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
08/01/92 CONTRACTOR QUALITY CONTROL PLAN 00980 - 6
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.
08/01/92 CONTRACTOR Q ALITY CONTROL PLAN 00980 - 7
SECTION 01027
APPLICATION FOR PAYMENT
1.0 SUMMARY
This section provides procedures for preparation and submittal
of Applications for Payment.
2.0 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.
3.0 PREPARAT'-ON 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. On the 25th of the month, work item updates are to
be submitted by the Contractor to the CM for work
through the period ending date (25th).
3. The Work Item Update listing (blank) will be
distributed to the Design/Builder for completion
prior to the loth day of the month.
4. For the 7 days following receipt of the Work Item
Update from the Design/Builder, the CM will review
the copies of the work item update with the field
staff and/or the Design/Builder.
5. Following review by the CM, the CM will meet at the
jobsite with the Design/Builder to review the
recommended work item update listings.
6. Following Design/Builder approval, the CM will
provide the Contractor the reviewed and approved
work item update and an application for payment.
7. The Design/Builder will execute certification by
08/01/92 APPLICATION FOR PAYMENT 01027 - 1
notarized signature of authorized officer.
8. The Design/Builder will attach to the Application
for Payment, a completed and properly executed
Affidavit and Partial Release of Lien form also
contained in this section.
9. Following receipt of a properly executed
Application for Payment, the CM will submit it to
the Owner for processing or provide notification as
stipulated in the General Conditions for
withholding.
4.0 SUBMITTA:,, PROCEDURES
A. The initial Application for Payment will not be processed
until the Design/Builder's construction schedule and the
schedule of values, 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
mada by the Owner within a reasonable time thereafter.
5.0 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.
08/01/92 APPLICATION FOR PAYMENT 01027 - 2
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08/01/92 APPLICATION FOR PAYMENT 01027 - 4
F
AiONROE COUNTY
c/o IN1ORRISON-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
$ _, 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 improv.--ment of the following described property:
MONROE COUNTY MAINTENANCE GARAGES
Marathon Site
As part of this PARTIAL RELEASE THAT UNDERSIGNED HEREBY CERTIFIES the following:
THAT the contract of the undersioned, as adjusted by all increases and decreases, is in the amount of
$ is of the date of the Partial Release and the undersigned has received S
as payment on the adjusted contract amount as of the date of this Partial Release.
THAT all supplies of labor, material or set- ices furnished to, or for the benefit of the undersigned for improvement
to the subject property have been paid in full. An\ 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 nonpaNment: (If none, write ",None")
CLAIMANT AMOUNT DUE A1IIOUNT CLAIMED REASON FOR NONPAYMENT
C
THAT all taxes imposed t,y 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 go✓ernment as required by law.
THAT the undersigned ha:. no other claims for money against the OWNER other than those subcontractorslsuppliers
amounts remaining due and owing on the adjusted contract balance as reflected above.
THAT the undersigned further certifies that it there is a Guarantee, Warrant\ or Maintenance Agreement in
connection with the labor and material furnished b\ 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
Witness
Name of Company
5ii-nature, Titic
08/01/92 APPLICATION FOR PAYMENT 01027 — 5
SECTION 01028
CHANGE ORDER PROCEDURES
1.0 SUMMARY
1.1 This section includes:
.1 The implementation of change order procedures.
a. Provide full written data required to
evaluate changes.
b. Maintain detailed records of the work
done on a time and material/force account
basis.
C. Provide full documentation to the Owner's
Representative with each request.
2 Designation in writing the member of the
Design/Builder's organization authorized to accept
changes in the Work.
.3 Designation in writing the person who is authorized
to execute Change Orders.
1.2 Related requirements:
1. Agreement: The amounts of established unit prices.
2. Agreement: The amounts of established allowances.
3. Agreement: Article 8
a. Methods of determining cost or credit to the
Owner resulting from changes in the Work made
on a time and material basis.
b. The Design/Builder's claims for additional
costs.
4. Supplementary Conditions
2.0 DEFINITIONS
2.1 Change Order Form: AIA Document G701/CM or Owner
approved equal.
2.2 Construction Change Directive: A written order to the
Design/Builder and signed by the Owner which authorizes the
Design/Builder to proceed with a change which affects the
Contract Sum or the Contract time for inclusion in a
subsequent Change Order.
08/01/92 CHANGE ORDER PROCEDURES 01028 - 1
3.0 PRELIMINARY PROCEDURES
3.1 A change may be initiated by submitting a Proposal
Request to the Design/Builder. The request will include:
1. Detailed description of the change, products and
location of the change in the Project.
2. Supplementary or revised Drawings and
Specifications.
3. The projected time span for making the change, and
a specific statement as to whether overtime work
is, or is not, authorized.
4. A specific period of time during which the
requested price will be considered valid.
5. Such request is for information only, and is not an
instruction to execute the changes, nor to stop the
Work in progress.
3.2 The Design/Builder may initiate changes by submitting a
written notice to Owner containing:
1. Description of the proposed changes.
2. Statement of the reason for making the changes.
3. Statement of the effect on the Contract Sum and the
Contract Time.
4. Statement of the effect on the Work of separate
contractors.
5. Documentation supporting change in the Contract Sum
or the Contract Time, as appropriate.
4.0 CONSTRUCTION CHANGE DIRECTIVE
4.1 Ir. lieu of Proposal Request, a Construction Change
Directive may be issued for the Design/Builder to proceed with
a change for subsequent inclusion in a Change Order.
4.2 The Construction Change Directive will describe changes
in the Work and will designate the method of determining a
change in the Contract Sum and change in the Contract Time.
4.3 The Owner sign and date the Construction Change Directive
as authorization for the Design/Builder to proceed with
changes.
08/01/92 CHANGE ORDER PROCEDURES 01028 - 2
4.4 At completion of the change, submit itemized accounting
and supporting data as provided in the Article "Documentation
of Proposals and Claims" of this Section.
4.5 The: allowable costs of such work will be determined as
provided in the Contract Documents.
4.6 The Owner, Owner's Representative and Design/Builder will
sign and date the Change Order to establish the change in the
Contract Sum and in the Contract Time.
4.7 The Owner and the Design/Builder will sign and date the
Change Order to indicate their agreement.
5.0 DOCUMENTATION OF PROPOSALS AND CLAIMS
5.1 Support each quotation for a lump -sum proposal, and for
each unit price which has not previously been established with
sufficient substantiating data to allow evaluation of the
quotation.
5.2 On request provide additional data to support time and
cost computations:
1. Labor required.
2. Equipment required.
3. Products required.
to a. Recommended source of purchase and unit
cost.
b. Quantities required.
4. Taxes, insurance and bonds.
5. Credit for the work deleted from the Contract,
similarly documented.
6. Overhead and profit.
7. Justification for change in Contract Time.
A
5.3 If the Design/Builder performs the actual Work, the
percentage mark-up for overhead and profit shall be a maximum
addition of ten percent (10%).
5.4 If a Subcontractor performs the actual Work, the
percentage mark-up for overhead and profit shall be a maximum
addition of ten percent (10%) . If the Design/Builder physical
perform the Work, the maximum mark-up for managing this work
will be ten percent (10%).
5.5 If a Subcontractor performs part of the actual Work, his
percentage mark-up for overhead and profit shall be a maximum
addition of ten percent (10%) on his direct work only. If the
Design/Builder performs part of the actual work, his
percentage mark-up for c•.7erhead and profit shall be a maximum
08/01/92 CHANGE ORDER PROCEDURES 01028 - 3
addition of ten percent (100) on his direct work only.
5.6 Support each claim for additional costs, and for the work
done on a time-and-material/force account basis, with
documentation as required for a lump -sum proposal, plus
additional information:
1. Name of the Owner's authorized representative who
ordered the work, and date of the order.
2. Dates and times the work was performed, and by
whom.
3. Time record, summary of hours worked, and hourly
rates paid.
4. Receipts and invoices for:
a. Equipment used, listing dates and times
of use.
b. Products used, listing of quantities.
C. Subcontracts.
6.0 PREPARATION OF CHANGE ORDERS
6.1 The Owner or his representative will prepare each Change
Order.
6.2 The Change Order form will be an AIA Document G701/CM or
Owner approved equal.
6.3 The Change Order will describe changes in the Work, both
additions and deletions, with attachments of revised Contract
Documents to define details of the change.
6.4 The Change Order will provide an accounting of the
adjustment in the Contract Sum and in the Contract Time.
7.0 LUMP-SUM/FIXED PRICE CHANGE ORDERS
7.1 The content of Change Orders will be based on either:
1. The Proposal Request and the Design/Builder's
responsive Proposal as mutually agreed between
the Owner and the Design/Builder.
2. The Contractor's Proposal for a change, as
recommended by the Owner's agent.
7.2 The Owner, Owner's Representative, and the
Design/Builder's Architect will sign and date the Change Order
08/O1/92 CHANGE ORDER PROCEDURES UlU26 - -i
as authorization for the Contractor to proceed with the
changes.
7.3 The Design/Builder will sign and date the Change Order.
8.0 UNIT PRICE CHANGE ORDER
8.1 The content of the Change Orders will be based on either:
1. The definition of the scope of the required
changes.
2. The Design/Builder's Proposal for a change, as
recommended by the Owner's Representative.
3. Survey of completed work.
8.2 The amounts of the unit prices will be:
1. Those stated in the Agreement.
2. Those mutually agreed upon between the Owner,
Owner's Representative, and the
Design/Builder.
8.3 When quantities of each of the items affected by the
Change Crder be determined prior to start of the Work:
1. The Owner, Owner's Representative and the
Design/Builder's Architect will sign and date the
Change Order as authorization for the Contractor to
proceed with the changes.
2. The Contractor will sign and date the Change Order.
8.4 When quantities of the items cannot be determined prior
to start of the Work:
1. A Construction Change Directive will be issued
directing the Design/Builder to proceed with the
change on the basis of unit prices, and will cite
the applicable unit prices.
2. At completion of the change, the cost of such work
will be determined based on the unit prices and
quantities used.
3. The Owner, Owner's Representative and the
Design/Builder's Architect will sign and date the
Change Order to establish the change in the
08/01/92 CHANGE ORDER PROCEDURES 01028 - 5
Contract Sum and in the Contract Time.
4. The Design/Builder will sign and date the Change
Order to indicate their agreement with the terms
therein.
9.0 CORRELATION WITH THE DESIGN/BUILDER'S SUBMITTALS
9.1 Revise Schedule of Values and Request for Payment forms
monthly to record each change as a separate item of the Work,
and to record the adjusted Contract Sum prior to submission of
Application for Payment.
9.2 Revise the Construction Schedule to reflect each change
in the Contract Time prior to monthly submissions. Revise
subschedules to show changes for other items of work affected
by the changes.
9.3 Upon completion of the Work under a Change Order, enter
pertinent changes in Record Documents.
END OF SECTION 01028
08/01/92 CHANGE ORDER PROCEDURES 01028 - 6
1E
IM
SECTION 01200
PROJECT MEETINGS
1.0 SUMMARY
1.1 This section includes:
1. Project meetings
2.0 THE OWNER'S REPRESENTATIVES' RESPONSIBILITY
2.1 The Owner's Representative shall schedule and administer
pre -construction meeting and specially called meetings
throughout progress of the Work.
2.2 Representatives of the Design/Builder, Design/Builders
consultants, contractors, subcontractors and suppliers
attending meetings shall be qualified and authorized to act on
behalf of the entity each represents.
2.3 The Owner may attend meetings to ascertain that the Work
is expedited consistent with the Contract Documents and
construction schedule.
3.0 DESIGN/BUILDER'S RESPONSIBILITY
3.1 The Design/Builder shall schedule and administer all
weekly meetings.
3.2 The Design/Builder shall prepare an agenda for the weekly
meetings and distribute to attendees no later than 48 hours
prior to the start of the meeting.
3.3 The Design/Builder shall prepare action items and minutes
of the meetings and distribute to attendees within 48 hours of
the meeting.
4.0 PRE -CONSTRUCTION MEETING
4.1 Location: The location of the Preconstruction Meeting
shall be at a site designated by the Owner's Representative.
4.2 In attendance at the Preconstruction Meeting shall be:
1. The Owner's Representative.
2. The Design/Builder's Architect and his
professional consultants (as required).
3. The Design/Builder's on -site superintendent.
4. Major subcontractors.
08/01/92
PROJECT MEETINGS
01200 - 1
5. Major suppliers.
6. Others as appropriate.
4.3 The suggested agenda for the Preconstruction Meeting
shall include at a minimum:
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.
5.0 WEEKLY PROGRESS MEETINGS
5.1 The Design/Builder's Project Manager and/or
Superintendent shall be required to attend a weekly scheduling
meeting.
5.2 The location of the weekly meetings shall be at the
office of the O:aner's Representative or other location
approved by the Owner's Representative.
5.3 Attendance:
1. The Design/Builder's Architect and his professional
consultants as needed.
2. The Design/Builder's Contractors as appropriate to
the agenda.
3. Suppliers as appropriate to the agenda.
4. Others.
5.4 The suggested agenda for the Weekly Meetings shall
include at a minimum:
08/01/92 PROJECT MEETINGS 01200 - 2
08/01/92
1. Review of Work progress since previous meeting.
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
PROJECT MEETINGS
01200 - 3
SECTION 01310
PROGRESS SCHEDULES
1.0 SUMMARY
1.1 This section includes:
1. Progress schedules
2. Revisions to schedules
1.2 Description:
1.2.1 Progress Schedules. Promptly after award of the
Contract, prepare and submit to the Owner's
Representative, a construction schedule 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.
1.2.2 Revisions to Schedule. Submit revised/updated
progress schedules with each payment application.
2.0 FORMAT
2.1 PrE!pare Progress Schedules using the latest version of
the Primavera CPM scheduling computer software package
compatible with IBM computer hardware.
2.2 Each schedule submittal shall include, but not be limited
to, a report of all activities sorted by early start, a report
of all activities sorted by activity with predecessor and
successor activities listed, a CPM plot of all activities and
a copy of the program back-up on a data disk(s) updated
through the current pay-;ent application date.
3.0 CONTENT
3.1 Indicate complete sequence of construction by activity,
with early start, late start, early finish, late finish dates
for beginning and completion of each element of construction.
3.2 Identify each ite:- by Specification Section number.
3.3 Identify work of separate stages and other logically
grouped activities.
3.4 Identify work of separate floors and other logically
grouped activities.
err'
08/01/92 PROD=.ESS SCHEDULES 01310 - 1
3.5 Provide sub -schedules to define critical portions of the
entire schedule.
3.6 Indicate accumulated percentage of completion of each
item and total percentage of Work completed, as of the first
day of each month.
3.7 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
Design/Builder's Architect.
3.8 Indiicate delivery dates for the Owner furnished products.
3.9 Coordinate content with Schedule of Values specified in
Section 01370.
4.0 REVISIONS TO SCHEDULES
4.1 Indicate progress of each activity to date of submittal,
and projected completion date of each activity.
4.2 IdE>ntify 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.
4.3 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.
5.0 SUBMITTALS
5.1 Submit initial schedules within
Contract.
(3) days after award of
1. The Owner's Representative will review
and return review copy within ten (10)
receipt.
2. If required, re -submit within seven (7)
return of review copy.
3. Submit revised Progress Schedules
Application for Payment.
6.0 DISTRIBUTION
schedules
days after
days after
with each
08/01/92 PROGRESS SCHEDULES 01310 - 2
A
6.1 Distribute copies of the reviewed schedules to:
1. Job site file.
2. Subcontractors.
3. Other concerned parties.
6.2 Instruct recipients to report promptly to the
Design/Builder, in writing, any problems anticipated by the
projections shown in the schedules.
Note: It is not incumbent upon the Owner's Representative
to notify the Design/Builder 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 Design/Builder of
responsibility or of any consequence of neglect or
carelessness.
**************
END OF SECTION 01310
08/01/92 PROGRESS SCHEDULES 01310 - 3
SECTION 01370
SCHEDULE OF VALUES
1.0 SUMMARY
1.1 This section includes:
1. Schedule of Values allocated to the various
portions of the Work, submitted within three
(3) days after award of the Contract.
2. Upon request of the Owner's Representative,
support the values with data which will
substantiate their correctness.
3. The Schedule of Values, unless objected to by
the Owner's Representative, forms the basis
for the Design/Builder's Applications for
Payment.
2.0 FORM AND CONTENT OF SCHEDULE OF VALUES
2.1 Type schedule on AIA G703 Form; the Design/Builder's
standard forms and automated printout will be considered by
the Owner's Representative upon the Design/Builder's request.
CW 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.
2.2 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.
Items shall parallel activities listed on the Design/Builder's
construction schedule.
2.3 Follow the Specifications as the format for listing
component items. Identify each line item with the number and
title of the respective major section of the Specifications.
2.4 Itemize separate line item cost for each of the following
general cost items:
1. Mobilization.
2. Bonds, Insurance and Permits.
3. General Conditions spread over project duration on
monthly basis.
08/01/92 SCHEDULE OF VALUES 01370 - 1
4. Clean-up.
5. Submittals.
6. Safety.
2.5 For each major line item list sub -values of major
products or operations under the item.
2.6 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.
2.7 The sum of values listed in the schedule shall equal the
total Contract Sum.
3.0 SUBSCHEDULE OF UNIT MATERIAL VALUES
3.1 Submit a subschedule of unit costs and quantities for:
1. Products on which progress payments will be
requested for stored products.
3.2 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 ','alues.
3.3 ThE� unit quantity for bulk materials shall include an
allowance for normal waste.
3.4 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.
3.5
The installed unit value multiplied
by the quantity
08/01/92
SCHEDULE OF VALUES
01370 - 2
listed shall equal the cost of that item in the Schedule of
Values.
4.0 REVIEW AND SUBMITTAL
4.1 After review by Construction Manager, revise and resubmit
schedule (and Schedule of Material Values) as required.
4.2 Resubmit revised schedule in same manner.
END OF SECTION 1370
08/01/92 SCHEDULE OF VALUES 01370 - 3
A
SECTION 01385
DAILY CONSTRUCTION REPORTS
1.0 SUMMARY
1.1 This section includes:
1. Requirement for Daily Construction Reports by
the Design/Builder.
2. Scheduled submission times for Daily
Construction Reports.
2.0 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS
2.1 Daily Construction Reports shall be submitted by each and
every Contractor performing work for the Design/Builder on the
project. Forms to be used will be furnished by the Owner's
Representative. Items to be addressed on the Report include:
1. Title of Project
2. Name of Contractor
3. Date and day of Report information. The date shall
reference the date the work was performed and not
when the report was submitted.
4. Contract designation.
5. Note any major Shipments received on that
particular day.
6. Note major equipment used that day.
7. Note manpower used, and designate what trades. In
addition, list the names of the subcontractors that
were on -site that day.
8. Note any deficiencies in the work, and corrective
actions taken to resolve the deficiencies.
9. Note any safety violations discovered.
10. Provide a full description of work performed that
day, and any problems or unusual conditions
discovered.
03/04/92 DAILY CONSTRUCTION REPORTS
01385 - 1
11. Report is to be signed by the authorized
representative of the Design/Builder, and should
the signature not be legible, print the name of the
signer next to the signature.
3.0 SCHEDULE OF SUBMITTING DAILY REPORTS
3.1 Daily Reports are to be submitted at the designated
location described in the pre -construction meeting. The
Design/Builder is to submit the original of the report, and
should keep a copy for record purposes.
3.2 Submit Daily Reports no later than 9:OOam the day
following the day of the work described in that particular
report. No exceptions to this rule will be accepted. Should
the Design/Builder fail to comply with this requirement, the
Design/Builder's payment application for the following month
will be withheld until such time the contractor properly
submits the delinquent reports.
END OF SECTION 1385
03/04/92 DAILY CONSTRUCTION REPORTS 01385 - 2
F]
SECTION 01510
TEMPORARY UTILITIES
1.0 SUMMARY
1.1 This section includes:
1. Temporary utilities required for construction.
2.0 MATERIALS - GENERAL
2.1 Materials shall be new, adequate in capacity for the
required usage, not create unsafe conditions and not violate
requirements of applicable codes and standards.
2.2 Materials for temporary electrical services shall also
comply with NEC Art. 305 - Temporary Wiring.
3.0 TEMPORARY ELECTRICITY
3.1 The Design/Builder shall furnish, install and maintain,
temporary electric power service for construction needs
throughout the construction period and shall remove such
CW service on completion of the work.
3.2 Powar centers for miscellaneous tools and equipment used
in the Work will be provided by the Design/Builder as required
to support all trades of construction.
3.3 The Design/Builder shall furnish, install, and maintain
all equipment and wiring required to distribute the power, up
to and including the power services.
3.4 The Design/Builder shall pay all costs of installation,
maintenance, and removal of temporary services.
3.5 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.
3.6 The Design/Builder 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.
08/01/92 TEMPORARY UTILITIES 01510 - 1
3.7 The Design/Builder shall completely remove all temporary
materials and equipment at Project Completion. Underground
lines may be disconnected and abandoned in place with approval
of the Owner's Representative.
3.8 Feeders and Branch Circuits shall be protected from
physical damage.
4.0 TEMPORARY TELEPHONE SERVICE
4.1 The Design/Builder shall be responsible for arranging
with the local telephone service company to provide telephone
service at the construction site. The Design/Builder shall
pay all costs for installation, maintenance, removal and
service charges for such service.
5.0 TEMPORARY LIGHTING
5.1 ThEt Design/Builder 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.
5.2 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.
5.3 The Design/Builder shall be responsible for all charges
including usage charges until acceptance and occupancy by the
Owner.
6.0 TEMPORARY WATER
6.1 The Design/Builder will arrange and pay utility service
company, to provide water for construction purposes. In
addition, the Design/Builder is responsible for providing
potable drinking water for his personnel and employees, as
well as suitable containers, ice and salt tablets in
sufficient quantity to meet the needs of his labor force.
7.0 TEMPORARY HEATING, COOLING AND VENTILATING
7.1 ThE! Design/Builder shall be responsible for providing,
and operating and maintaining temporary heating, cooling and
ventilating, as required, to maintain adequate environmental
08/01/92 TEMPORARY UTILITIES 01510 - 2
conditions to facilitate the progress of the Work; to meet
minimum condition for the installation of materials; and to
protect materials and finishes from damage due to temperature
or humidity. The Design/Builder 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.
7.2 ThE! foregoing obligations of the Design/Builder are in
addition to obligations under the various requirements of the
Contract Documents.
8.0 TEMPORARY SANITARY FACILITIES
8.1 ThE! Design/Builder will provide sanitary facilities in
compliance with laws and regulations.
8.2 The Design/Builder will service, clean and maintain
facilities and enclosures.
9.0 TEMPORARY FIRE PROTECTION
9.1 ThE. Design/Builder shall furnish, install and maintain
temporary fire protection equipment, materials, supplies and
service within the building throughout the construction period
in accordance with the requirements of all applicable codes
and standards.
10.0 REMOVAL
10.1 The Design/Builder shall completely remove temporary
materials and equipment when their use is no longer required
and prior to occupancy by the Owner.
10.2 The Design/Builder shall clean and repair damage caused
by temporary installations or use of temporary facilities.
08/01/92 TEMPORARY UTILITIES 01510 - 3
10.3 The Design/Builder shall restore permanent facilities
used for temporary services to specified condition.
10.4 PrIor to final painting, the Design/Builder shall remove
temporary lamps and install new lamps.
10.5 Prior to
replace filters
equipment.
final inspection, the Design/Builder shall
and worn or consumed parts of mechanical
***************
END OF SECTION 01510
08/01/92 TEMPORARY UTILITIES 01510 - 4
SECTION 01520
CONSTRUCTION AIDS
1.0 SUMMARY
1.1 This section includes:
1. Construction aids
2. Temporary enclosures
1.2 All. installations shall comply with Federal, State and
local codes and regulations.
2.0 MATERIALS - GENERAL
2.1 Materials may be new
use and shall not violate
standards.
3.0 CONSTRUCTION AIDS
or used, suitable for the intended
requirements of applicable codes and
3.1 The Design/Builder 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.
3.2 The Design/Builder shall comply with all Federal, State
and local codes, laws and regulations governing such
construction aids.
3.3 The Design/Builder 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's Representative or other separate
contractors employed at the site.
3.4 The Design/Builder 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
construction, provided the Owner's Representative has approved
and authorized such use. The Design/Builder shall clean up
and shall repair any damage caused by the installation or by
the USE? of such temporary construction aids. The
Design/Builder shall restore any permanent facilities used for
temporary purposes to their specified condition.
4 08/01/92 CONSTRUCTION AIDS 01520 - 1
3.5 The requirements of this Section 01520 are in addition to
obligations under other sections of the Contract Documents.
4.0 TEMPORARY ENCLOSURES
4.1 ThE> Design/Builder shall be responsible for installing
the permanent closure in an opening in an exterior wall and
shall fie 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 to
prevent entry of unauthorized persons.
4.2 The Design/Builder shall install such temporary
enclosures as soon as is practical after the opening is
constructed or as directed by the Owner's Representative.
4.3 Temporary enclosures shall be removable as necessary for
the Work and for handling of materials at the expense of the
Design/Builder.
4.4 Temporary enclosures shall be completely removed at the
expense of the Design/Builder when construction needs can be
met by the use of the permanent closures.
4.5 ThE! Design/Builder shall be responsible for providing,
maintaining, and removing the temporary enclosure and shall
clean and repair any damage caused by the installation of such
enclosure.
4.6 The Design/Builder shall remain responsible for insuring
that the 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.
4.7 The requirements of this Section 01520 are in addition to
obligations under other sections of the Contract Documents.
END OF SECTION 01520
08/01/92 CONSTRUCTION AIDS 01520 - 2
F1
SECTION 01550
ACCESS ROADS AND PARKING AREAS
1.0 GENERAL
1.1 The Design/Builder shall be responsible for installing
and maintaining, until the completion of the Work any
temporary access roads or parking facilities required by the
Work, other than that which has been provided by the Owner.
1.2 Should the Design/Builder excavate across an access road
or parking area, the excavation shall be backfilled, compacted
and the :road or parking areas shall be resurfaced to match the
existing surface.
***********************
END OF SECTION 01550
08/01/92 ACCESS ROADS & PARKING AREAS 01550 - 1
SECTION 01560
TEMPORARY CONTROLS
1.0 SUMMARY
1.1 This section includes:
1. Water control
2. Dust control
3. Erosion and sediment control
4. Pollution control
2.0 WATER CONTROL
2.1 The Design/Builder shall be responsible to grade the site
to drain.
2.2 The Design/Builder shall protect the site from puddling
or running water; provide water barriers to protect site from
soil erosion; maintain excavations free of water and shall
provide, operate, and maintain pumping equipment.
3.0 DUST CONTROL
3.1 The Design/Builder shall execute the Work by methods to
minimize raising dust from construction operations.
3.2 The Design/Builder shall provide positive means to
prevent airborne dust from dispersing into atmosphere.
4.0 EROSION AND SEDIMENT CONTROL
4.1 The Design/Builder shall plan and execute construction by
methods to control surface drainage from cuts and fills and
from borrow and waste disposal areas. The Design/Builder
shall be responsible for preventing erosion and sedimentation.
4.2 The Design/Builder shall minimize the amount of bare soil
exposed at any one time.
4.3 The Design/Builder shall provide temporary measures such
as berms, dikes, and drains, to prevent water flow.
4.4 The Design/Builder shall construct fill and waste areas
by selective placement to avoid erosion of surface materials.
08/01/92 TEMPORARY CONTROLS 01560 - 1
4.5 The Design/Builder shall inspect earthwork to detect
evidence of erosion and sedimentation and shall promptly apply
corrective measures.
5.0 POLLUTION CONTROL
5.1 The Design/Builder shall 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.
5.2 The Design/Builder shall meet all applicable Federal,
State, and Local laws and ordinances governing pollution
control.
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END OF SECTION 01560
08/01/92 TEMPORARY CONTROLS 01560 - 2
SECTION 01580
PROJECT IDENTIFICATION AND SIGNS
1.0 GENERAL
1.1 A project identification sign will be furnished,
installed, and maintained by the Design/Builder. Trade
Contractors informational signs on the site shall be limited
to those designating their temporary field offices and sheds.
All such informational signs shall be subject to approval by
the Owner's Representative.
END OF SECTION 01580
08/01/92 PROJECT IDENTIFICATION & SIGNS 01580 - 1
SECTION 01590
FIELD OFFICES AND SHEDS
1.0 GENERAL
1.1 The Design/Builder, if deemed necessary, may furnish,
install, and maintain a temporary field office at the
construction site during the construction period.
1.2 The Design/Builder shall furnish, install, and maintain
temporary storage and work sheds to adequately protect the
work, materials, equipment, supplies, tools, machinery, and
construction equipment from damage and theft.
1.3 The Design/Builder 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 Owner's Representative. The type, size and location of
field offices and sheds is subject to approval by the Owner's
Representative.
1.4 ThE! Design/Builder shall arrange and pay for temporary
electricity and telephone service for his field office and
sheds.
1.5 ThE! Design/Builder shall relocate his field office and
sheds as directed by the Owner's Representative, at no
additional cost to the Owner or his representative.
1.6 The Design/Builder shall completely remove his field
office and sheds on completion of the Work or when directed by
the Owner's Representative. The Owner's Representative shall
remove all debris and rubbish and shall place the area in a
clean and orderly condition.
1.7 ThE! Design/Builder may establish a field office on the
site during the construction period.
END OF SECTION 01590
08/01/92 FIELD OFFICES & SHEDS 01590 - 1
SECTION 01595
CONSTRUCTION CLEANING
1.0 GENERAL
1.1 This section includes:
1. Cleaning during progress of work.
2.0 DISPOSAL REQUIREMENTS
2.1 ThE! Design/Builder shall conduct cleaning and disposal
operations to comply with Federal, State, and Local codes,
ordinances, regulations, and anti -pollution laws.
2.2 The Design/Builder shall not burn or bury rubbish and
waste materials on Project Site.
2.3 The Design/Builder shall not dispose of volatile wastes
such as mineral spirits, oil or paint thinner in storm or
sanitary drains.
3.0 MATERIALS
3.1 The Design/Builder shall use only those cleaning
(r' materials which will not create hazards to health or property
and which will not damage surfaces.
3.2 T:ze Design/Builder shall use only those cleaning
materials and methods recommended by manufacturer of the
surface material to be cleaned.
3.3 The Design/Builder shall use cleaning materials only on
surfaces recommended by cleaning material manufacturer.
3.4 Swaeping compounds used in cleaning operations shall
leave nc residue on concrete floor surfaces that may affect
installation of finish flooring materials.
4.0 EXECUTION
4.1 The Design/Builder shall execute cleaning operations to
maintain the Work, the Site and adjacent properties free from
accumulations of waste materials, rubbish and windblown debris
resulting from construction operations.
4.2 The Design/Builder shall provide on -site containers for
the collection of waste materials, debris, and rubbish.
08/01/92 CONSTRUCTION CLEANING 01595 - 1
4.4 The Design/Builder shall dispose of waste materials,
debris and rubbish off the Site at an approved location.
4.5 Trash containers shall be provided by Design/Builder and
shall be located in trash accumulation areas approved by the
Owner's Representative. Each day the Design/Builder shall
collect and deposit in the containers, all rubbish, waste
materials, debris, and other trash from operations, including
any trash generated by employees during lunch periods or
coffee breaks. Shipping dunnage is to be removed by the
Design/Builder. 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. Full trash
containers shall be disposed and replaced as necessary to
maintain above requirements and/or as directed by the Owner's
Representative at the Design/Builder's expense.
4.6 Should the Design/Builder not provide adequate cleaning
to the satisfaction of the Owner's Representative, the Owner's
Representative shall have the cleaning performed by a separate
contractor and the cost to the Owner of the separate
contractor shall be deducted from the Design/Builder's
contract sum by a credit change order.
************
END OF SECTION 01595
08/01/92 CONSTRUCTION CLEANING 01595 - 2
SECTION 01600
MATERIAL AND EQUIPMENT
1.0 GENERAL
1.1 This section includes:
1. Products
2. Transportation and handling
3. Storage and protection
4. Security
2.0 PRODUCTS
2.1 Products means new material, machinery, components,
equipment, fixtures, and systems forming the Work. Products
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.
2.1 The Design/Builder shall not use materials and equipment
removed from existing premises, except as specifically
permitted by the approved Construction Documents.
2.2 The Design/Builder shall provide interchangeable
components of the same manufacturer, for similar components.
3.0 TRANSPORTATION AND HANDLING
3.1 The Design/Builder shall be responsible for the
transportation of all materials and equipment furnished under
this contract. Unless otherwise noted, the Design/Builder
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 Design/Builder or the
Owner. The Design/Builder shall also be responsible for
coordinating the installation within the buildings of
equipment that is too large to pass through finished openings.
3.2 The Design/Builder shall transport and handle products in
accordance with manufacturer's instructions.
3.3 ThEt Design/Builder shall promptly inspect shipments to
assure that products comply with requirements, quantities are
correct, and that products are undamaged.
3.4 The Design/Builder shall provide equipment and personnel
to handle products b:- methods to prevent soiling,
08/01/92 MATERIAL & EQUIPMENT 01600 - 1
disfigurement, or damage.
4.0 STORAGE AND PROTECTION
4.1 ThE! Design/Builder 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.
4.2 Except for materials stored within designated and
approved storage sheds, vans, or trailers, the Design/Builder
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.
4.3 The Design/Builder 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.
5.0 SECURITY
5.1 The Design/Builder shall be totally responsible for the
security of his work, materials, equipment, supplies, tools,
machinery, and construction equipment.
END OF SECTION 01600
08/01/92 MATERIAL & EQUIPMENT 01600 - 2
SECTION 01730
OPERATION AND MAINTENANCE DATA
1.0 SUMMARY
1.1 This section includes:
1. Format and content of manuals
2. Instruction of the Owner's personnel
3. Schedule of submittals
2.0 QUALITY .ASSURANCE
2.1 Prepare instructions and data by personnel experienced
in maintenance and operation of described products.
3.0 FORMAT
3.1 Data shall be prepared in the form of an instructional
manual.
3.2 Data shall be provided in binders. The binders shall
be of 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.
3.3 Identify each binder with typed or printed title
OPERATION AND MAINTENANCE INSTRUCTIONS; list title of the
Project and identify subject matter of contents.
3.4 Arrange content by systems under Section numbers and
sequence of Table of Contents.
3.5 Provide tabbed fly leaf for each separate product and
system, with typed description of product and major
component parts of equipment.
3.6 Provide manufacturer's printed data, or typewritten
data on 20 pound paper.
3.7 Provide drawings with reinforced punched binder tab.
Bind in ;with text. Fold larger drawings to size of text
pages.
4.0 CONTENTS, EACH VOLUME
4.1 Table of Contents: provide title of the Project;
08/01/92 OPERATION AND MAINTENANCE DATE 01730 - 1
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.
4.2 For each product or system: list names, addresses and
telephone numbers of subcontractors and suppliers, including
local source of supplies and replacement parts.
4.3 Product data: mark each sheet to clearly identify
specific products and component parts, and data applicable
to installation. Delete inapplicable information.
4.4 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.
4.5 Type text: as required to supplement product data.
Provide logical sequence of instructions for each procedure,
incorporating manufacturer's instructions.
4.6 Warranties and bonds: bind in copy of each.
5.0 MANUAL FOR MATERIALS AND FINISHES
5.1 Building products, applied materials, and finishes:
include product data, .eiith catalog number, size,
composition, and color and texture designations. Provide
information for re -ordering custom manufactured products.
5.2 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.
5.3 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.
5.4 Additional requirements; as specified in individual
product specification Sections.
6.0 MANUAL FOR EQUIPMENT AND SYSTEMS
6.1 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
08/01/92 OPERATION AND MAINTENANCE DATE 01730 - 2
commercial number of replaceable parts.
6.2 Panalboard circuit directories: provide electrical
service characteristics, controls and communications.
6.3 Include color coded wiring diagrams as installed.
6.4 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.
6.5 Maintenance requirements: include routine procedures
and guide for trouble -shooting; disassembly, repair, and
reassembly instructions; and alignment, adjusting,
balancing, and checking instructions.
6.6 Provide servicing and lubrication schedule, and list of
lubricants required.
6.7 Include manufacturer's printed operation and
maintenance instructions.
6.8 Include sequence of operation by controls manufacturer.
6.9 Provide original manufacturer's parts list,
illustrations, assembly drawings, and diagrams required for
maintenance.
6.10 Provide control diagrams by controls manufacturer as
installed.
6.11 Provide the Design/Builder's coordination drawings,
with color coded piping diagrams as installed.
6.12 Provide charts of valve tag numbers, with location and
function of each valve, keyed to flow and control diagrams.
6.13 Provide list of original manufacturer's spare parts,
current prices, and recommended quantities to be maintained
in storage.
6.14 Include test and balancing reports.
6.15 Additional requirements: as specified in individual
product specification Sections.
6.16 Provide a listing in Table of Contents for design
data, with tabbed fly sheet and space for insertion of data.
08/01/92 OPERATION AND MAINTENANCE DATE 01730 - 3
7.0 INSTRUCTION OF THE OWNER PERSONNEL
7.1 Before final inspection, instruct the Owner's
designated personnel in operation, adjustment, and
maintenance of products, equipment, and systems, at agreed
upon times.
7.2 For equipment requiring seasonal operation, perform
instructions for ether seasons within six months.
7.3 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.
7.4 Prepare and insert additional data in Operation and
Maintenance Manual :when need for such data becomes apparent
during instruction.
8.0 SUBMITTALS
8.1 Submit two copies of preliminary draft or proposed
formats and outlines of contents before start of the Work.
The Owner's Representative will review draft and return one
copy with comments.
8.2 For equipment, or component parts of equipment put into
service during constru tion and operated by the Owner,
submit documents within ten days after acceptance.
8.3 Submit one ccp�' c� completed volumes in final form 15
days prior to final inspection. Copy will be returned after
final inspection, with Owner's Representative comments.
Revise content of documents prior to final submittal.
8.4 Submit two copies of revised volumes of data in final
form wit::lin ten days after final inspection.
END OF SECTION 01730
08/01/92 OPERATION AND MAINTENANCE DATE 01730 - 4