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10/20/1993 Agreement Fire Facilities Roof Repairs Conch Key, Islamorada, Marathon #2, Tavernier Fire Stations Contract No. FF -001 Page Building Systems Corporation 1. A. Form of Agreement B. Public Construction Bond C. Certificate of Insurance D. Table of Contents E. Scope of Work F. Milestone Schedule 2. A. Proposal Form, Pages 00110 -2 through 00110 -7, signed by bidder and dated October 12, 1993 Lobbying and Conflict of Interest Clause Non - Collusion Affidavit Sworn Statement of Public Entity Crimes B. 5% Bid Security C. Addendum No. 1, Dated October 7, 1993 3. Conditions of the Contract A. General Conditions B. Supplementary Conditions C. Contractor's Affidavit of Debts and Claims D. Contractor's Affidavit of Release of Leins E. Consent of Surety to Final Payment F. Project Safety and Health Plan G. Contractor Quality Control Plan Application for Payment Change Order Procedures Project Meetings Submittals Progress Schedules Schedule of Values Daily Construction Reports Document Clarification Requests Testing Laboratory Services Temporary Utilities Construction Aids Access Roads and Parking Areas Temporary Controls Project Identification and Signs Field Offices and Sheds Construction Cleaning Material and Equipment Post -Bid Substitutions Starting of Systems Systems Demonstrations Contract Closeout Final Cleaning Project Record Documents Operation and Maintenance t iro 4. Technical Specifications 1 1 f THE AMERICAN INSTITUTE OF ARCHITECTS j �. AIA Document A101 /CM CONSTRUCTION MANAGEMENT EDITION Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1980 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. This document is intended to be used in conjunction with AIA Documents A201 /CM, 1980; B141/CM, 1980; and B801, 1980. AGREEMENT No. FF -001, Fire Facility Roof Repairs made as of the Z day of in ale year 6.P Ninneen Hundred and — L/ 3) . d T BETWEEN the Owner: Monroe County Board of County Commissioner- o� ' 500 Whitehead Street Key West, Florida 33040 -, and the Contractor: Page Building Systems Corporation P.O. Box 106 Key Largo, FL 33037 305/451 -5864 the Project: Fire Facility Roof Repairs: Conch Key, Islamorada, Marathon No. 2 and Tavernier Fire Stations the Construction Manager: Morrison - Knudsen /Gerrits 5090 College Road the Architect: n/a Key West, FL 33040 The Owner and the Contractor agree as set forth below. f low Copyright 1975, © 1980 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Re- production of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 /CM • OWNER- CONTRACTOR AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101 /CM —1980 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) Fire Facility Roof Repairs for Conch Key, Islamorada, Marathon No. 2 and Tavernier Fire Stations ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on the date as established in the Notice to Proceed, and, subject to authorized adjustments, Substantial Completion of the Work shall be achieved not later than (Here insert any special provisions for liquidated damages relating to failure to complete on time ) the time indicated in Section 00350, Milestone Schedule. AIA DOCUMENT A101 /CM • OWNER- CONTRACTOR AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101 /CM —1980 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Sixty One Thousand Four Hund^ed Seventy Nine Dollars 61 479.00 The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates and unit prices, as applicable.) Base Bid $61,479.00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Construction Manager by the Contractor and Project Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract Documents for the period ending the Twenty -fifth (25), imatel of each tw month as follows: Not later than thirty (30) days following the end of the period covered by the Application for Payment, ninety percent (90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the Work, a sum sufficient to increase the total payments to one hundred percent ( 100 %) of the Contract Sum, Tess such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (If not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) Parn eats -eitie c# + aiddadec -tl>e_Contract Doc t a ass.sbaU- beat.ilataresE4r tbe-date-payRier k,e at-ifae -Fate en4eFed- below -, -e .44 t e- abseacixlaQSeef, the .legallate- prevai4ingam- plac�-of -t -P-ro}es4,- Eflere.Eaten .aay.tate.oi aterscta ge a1 (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, 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.) AIA DOCUMENT A101 /CM • OWNER- CONTRACTOR AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIM • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101 /CM —1980 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and the Architect has issued a Project Certificate for Payment which approves the final payment due the Contractor. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, the Conditions of the Contract (General, Supplementary and other Conditions], the Drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.) I. Bidding Documents A. Bid Documents for the Fire Facility Roof Repairs, which include Bidding Documents, Contract Documents, Conditions, Drawings, General Requirements and Technical Specifications, and which are enumerated in the attached Table of Contents, pages 00001 -1 and 00001 -2, dated September 17, 1993, all as amended by the addenda listed below. B. Addenda No. 1, Dated October 7, 1993. II. Proposal Documents submitted by A. Proposal Form, pages 00110 -2 through 00110 -Z, signed by Bidder and dated October 12, 1993. B. Bid Security C. Sworn Statement on Public Entity Crimes D. Lobbying and Conflict of Interest Clause E. Non - Collusion Affidavit AIA DOCUMENT A101 /CM • OWNER- CONTRACTOR AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101 /CM —1980 4 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 7.3 Temporary facilities and services: Were insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) Reference the documents issued for bidding. 7.4 Working Conditions: (Here list any special conditions affecting the Contract.) Reference the documents issued for bidding. (Seal) "Approved Tom and legal sufficiency" Attest: Danny L. Kolhage, Clerk By: By: \</)/ (Deputy Clerk) (Attorney's Office) Date: /0 a o' 93 Date: a YDu q3 This Agreement entered into as of the day and year first written above. PAGE BUILDING . E , 3 C3 P. OWNER CONTRACTOR P. G. 13e;; 10,5 Ke • rgo, Florida 33037 Monroe A Board •f. &aunty C»tij ssioners - is PrA I I I PA"- o nion, /Vlnye /Ctiairm*n e4 S c ,,. AIA CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A101 /CM • OWNER- CONTRACTOR AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1960 EDITION • AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101 /CM —1980 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • pUBLIC CONSTRUCTION BOND BOND NO. 9355813 BY THIS BOND, We Page Building Systems Corporatj.on , as Principal and American Bortding nlinrpany , a corporation, as Surety, are bound to MnrLrne Cr Rnard of County rnmmicsinnprc herein called Owner, in the sum of $61,479.00 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 Fire Facility Roof Repairs: Couch Key • • Islamorada . Marathon .. 2 and , the contract •ate■ ■ • • ir• a la .t•. r•• • - _ r • - - •r.•n •- • b r- -rence, at the times and in the manner prescribed in the contract; and 2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and; 3. Pays Owner all losses, damages, including damages for delay, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATE ON October 26, • , 993 (N OF i • 4 '�) BY Page, President American B . • Caxpany ._ (NAHE A-; - U •1 ' TY BY Ale B ton Harris, Attorney -In -Fact & Fla. Resident Agent #0336265901 BOND PREMIUM BASED ON INWRIES E'� F T,ITT; "p; [1r ! S STAKe [ _ � . 1:7 c.�ci. c. :'8 1. :S k- ! �.v B i ?.. e�F. FINAL CONTRACT PRICE 11;`7% AMERICAN BONDING COMPANY c', 9355813 GENERAL NERAL POWER OF ATTORNEY Know all men by these Presents, That AMERICAN BONDING COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint BURTON HARRIS of MIAMI, FLORIDA its true and lawful attomey -in -fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of TWO MILLION'°"*($2,000,000) DOLLARS -_ . -." .- This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney -in -fact named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution at any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." � , r In Witness Whereof, AMERICAN BONDING COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed Eby one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 10th Day of June, 1993. Atte : a AMERICAN BONDING COMPANY J b 1,N0 By , ...-7/2.______ . T olo SEA �> William R. McKenzie, Assistant Vice President lift t John C. r, Vice President STATE OF ARIZONA COUNTY OF PIMA ss.: On thisl Othday of June , 1993 , before me personally came John C. Fisher, to me known, who being by me duly sworn, did depose and say that he is a Vice President of AMERICAN BONDING COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 1 • OFFICIAL SEAL , , 4 rfet) CHRI TURLEY { NOTARY PUBLIC CHRISTIE TURLEY My Commission Expires NOTARY PUBLIC 10 My Commission Expires March 10, 1995 March 10, 1995 CERTI I, the undersigned, an Assistant Secretary of AMERICAN BONDING COMPANY, an Arizona corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attomey remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. C o gned and sealed at the city of Tucson, in the State of Arizona. Dated the 26th day 01 October , 19 93. ‘ ..ge4-te,Arre, rt )\•-ei..4., ' Florence E. Robert, Assistant Secretary 4. _ . ___. i3 -6 . Fes ACIIIZII. CERTIFICATE OF INSURANCE DATE(MM/DD /YY) 11 -2 -93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ST FLORIDA INSURANCE, INC. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Rib BOX 7059 COMPANIES AFFORDING COVERAGE HOLLYWOOD, FL 33021 COMPANY A BURLINGTON INSURANCE CO INSURED PAGE BUILDING SYSTEMS INC C PO BOX 106 ' B EMPLOYERS SELF INSURED FUND KEY LARGO, FL 33037 APPROVED BY RISK MANAGEMENT CO -) � A C BANKERS INSURANCE CO BY )l �' x0 COMPANY OAT Li___I__ K _` 3 __ -_ D COVERAGES THIS IS TO CERTIFY THAT THE POLICI SU OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY �ME � UI I ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, T INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION LTR POLICY NUMBER DATE (MIWDD /YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 300,000 A xx COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP /OP AGG $ 300 CLAIMS MADE X OCCUR B0167G4000061 8 -8 -93 8 -8 -94 PERSONAL & ADV INJURY $ 300 000 ' OWNER'S & CONT PROT EACH OCCURRENCE $ 300,000 ' 12 34ae FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ AUTOMOBILE LIABILITY 4 ANY AUTO � ,O' COMBINED SINGLE LIMIT $ 100,000 Ltt C ALL OWNED AUTOS w NOV 1993 SCHEDULED AUTOS hi ize BODILY INJURY tp Received (Per person) $ X HIRED AUTOS N Morriso Knu dsen W BODILY INJURY X NON -OWNED AUTOS 932494 d Gerri +s 6 -93 10 -26 -94 (Per accident) $ c33io I t PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS' LIABILITY X R 0830-12652 4-1-93 ACCIDENT $100 000 THE PROPRIETOR/ INCL 4 -1 -93 4 -1 -94 i PARTNERS /EXECUTIVE ReCeIVeC! DISEASE - POLICY LIMIT $500,000 OFFICERS ARE: EXCL DISEASE - EACH OTHER RiskMgmt. & Loss Control EMPLOYEE 0,400 DATE, I/ - 3 - 93 INITIAL _ DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS MONROE COUNTY, MONROE CONTY BOARD OF COUNTY COMMISSIONERS AND MORRISON, KNUDSEN, GERRITS 5090 COLLEGE RD. KEY WEST, FL 33040 LISTED AS ADDITIONAL INSURED IN RESPECT TO GENERAL LIABILITY AND AUTO LIABILITY. CERTIFICATE HOLDER _ CA N -. NCELLATION MONROE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE COUNTY EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL rlIMORRISON, KNUDSON, GARRITS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 0 COLLEGE RD KEY WEST, FL 33040 BUT FAILURE TO MAIL SU = - - • L IMPOSE NO OBLIGATION OR LIABILITY OF A O HE COMP. ', ITS AGENTS OR REPRESENTATIVES. AUTHO ATTN DEBBY 0 ACORD 25-S (3/93) e''' " ® ACORD CORPORATION 1993 TABLE OF CONTENTS 16 FIRE FACILITIES ROOF REPAIRS CONCH KEY, ISLAMORADA, MARATHON NO. 2 & TAVERNIER -FIRE STATIONS 1. Bidding Documents Section 00030 Notice of Calling for Bids Section 00100 Instructions to Bidders Section 00110 Proposal Form Section 00163 Pre -Bid Substitutions Section 00300 Scope of Work Section 00350 Milestone Schedule 2. Contract Documents Section 00500 Standard Form of Agreement Between Owner and Contractor - AIA Document A101 /CM, June 1980 edition 3. Conditions Section 00750 General Conditions, AIA Document A201 /CM, June 1980 edition Section 00800 Supplementary General Conditions Section 00900 Contractor's Affidavit of Payment of Debts (110# Section Claims Section 00905 Contractor's Affidavit of Release of Liens Section 00910 Consent of Surety to Final Payment - AIA Document G707, April 1970 edition Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan 4. General Requirements Section 01027 Application for Payment Section 01028 Change Order Procedures Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Document Clarification Requests Section 01410 Testing Laboratory Services Section 01510 Temporary Utilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01580 Project Identification and Signs 09/17/93 TABLE OF CONTENTS 00001 - 1 General Requirements continued Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post -Bid Substitutions Section 01650 Starting of Systems Section 01670 Systems Demonstrations Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data 09/17/93 TABLE OF CONTENTS 00001 - 2 iLw SECTION 00300 SCOPE OF WORK FIRE FACILITIES ROOF REPAIRS CONCH KEY, ISLAMORADA, MARATHON NO. 2 & TAVERNIER FIRE STATIONS 1.1 GENERAL SCOPE Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper installation and complete repairs of the roofs. The Work shall include but not be limited to the furnishing and installation of modified bitumen roofing system for the types of roofs required as detailed in the technical specification and shown in the attached sketches. . 1 The following is provided only to outline the parameters of the Work, it is the obligation of the Contractor to confirm all dimensions and quantities. . 2 Contractor is to coordinate all activities with the Construction Manager and the Facility User so as not to interfere with the User's normal activities nor to encumber the User's response to emergency calls. . 3 At the end of each work day, the roofs shall be left in a dry -in condition and protected to maintain the roof and building in a dry condition. The Contractor will be liable for any water damage created due to his neglect of this provision. .4 Contractor is to provide a ten year materials and installers warranty on all roofs. 1.2 Special Provisions The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Bid Package. .1 All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to the Construction Manager. 06/14/93 SCOPE OF WORK 00300 -1 .2 Provide, replace, and maintain any safety rails and barricades as necessary during the process of work, or during deliveries of materials or equipment. . 3 Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. . 4 Contractor shall perform all required testing and provide adequate personnel in order to complete all testing to the requirements of governing agencies. . 5 All incoming materials and equipment shall be coordinated with and the CM, in order that proper laydown, staging and stocking areas are developed, prior to release for shipping. Within the building, areas shall be restricted and stocking areas will be authorized in writing. . 6 If in the event of conflicting, or overlapping requirements in any area of the bidding documents, technical specifications, or drawings, the most stringent condition shall be bid and constructed. Notify the CM in any event, in order to not compromise the Owner's right to make appropriate decisions. . 7 Contractor shall maintain As -Built Drawings, (Record Drawings per Section 01720), of his work progression. . 8 This Contractor shall not store materials inside the building. Contractor shall provide suitable storage container, and be responsible for disposal off -site of all debris and trash. The following is provided only to outline the parameters of the work, it is the obligation of the Contractor to confirm all dimensions and quantities. Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the contract documents and all incidental work necessary to complete the project in an acceptable manner. A. Tavernier Fire Facility - Roofing System: Built -up tar and gravel - Approx. square footage: 2,400 s.f. - Proposed add. sq. ft.: 640 s.f. -Total square footage: 3,040 s.f. - Roof - mounted equip: One A/C condenser - Penetrations: Three (3) plumbing roof vents 06/14/93 SCOPE OF WORK 00300 -2 General Scope of Work: 1) Remove all loose gravel from the roof and stockpile on the property. 2) Remove existing pitch pan serving the existing A/C condenser. Provide and install new pitch pan and 4 by 4 supports to proper elevations. Remove and reinstall A/C condenser along with any service extensions as necessary. Properly fill pitch pan. 3) Mechanically attach or spot mop a base sheet and 3/4" recovery board insulation to the deck per the Manufacturer's printed instructions. Provide added insulation as required to compensate for any unevenness between roof decks. 4) Remove existing metal gravel stop and replace with new edge metal per the roofing system Manufacturer's printed instructions. 5) Install approved modified bitumen roofing system per the Manufacturer's printed instructions. Provide proper detail at roof vents and pitch pan. 6) Install and properly caulk a metal counter t ior flashing along the apparatus bay wall. B. Conch Key Fire Station - Roofing system: Built -up tar and gravel - Area -Roof #1: 1,750 S.F. - Area -Roof #2: 825 S.F. - Area -Roof #3: 280 S.F. - Total area: 2,855 S.F. -Roof mounted equip.: One siren stand platform, Two antennas - Penetrations: Two plumbing roof vents General Scope of Work: Apparatus Bay Roof No. 1 1) Remove all loose gravel from roof and stockpile on property. Remove and properly dispose existing edge metal at southwestern edge of roof. 2) Mechanically attach or spot mop a base sheet and tapered insulation to the deck, sloping 1/8" per foot, creating positive drainage to the southwestern edge of the roof. 06/14/93 SCOPE OF WORK 00300 -3 3) Install any required blocking, base sheet and new edge metal at the southwestern edge of roof. Remove and reinstall existing gutter as necessary. 4) Install approved modified bitumen roofing system per the Manufacturer's printed instructions, detailing all parapets, corners and equipment stand. 5) Remove and dispose the existing drip edge from the parapet walls and install new approved cap flashing, slope slightly to drain to the inside. Living Quarters Roof No. 2 1) Remove all loose gravel and stockpile on property. 2) Either mechanically attach or spot mop a 3/4" recovery board insulation and base sheet to the deck per the roofing Manufacturer's printed instructions. 3) Existing edge metal is to be removed. Replace with any required blocking, base sheets and new edge metal per the roofing Manufacturer's printed instructions. 4) Install required cant strips and approved modified bitumen roofing system per the Manufacturer's printed instructions, along with proper detailing of the parapet wall. 5) Install and properly caulk a metal counter flashing along apparatus bay wall and vertical edge of parapet wall. Install approved cap flashing at top of parapet wall. 6) Remove, reinstall as necessary and provide proper detailing for existing antennas. Bathroom /Storage Roof No. 3 1) Remove and dispose the existing built up roofing system 2) Remove and replace 55 1.f. of 2" by 10" facia. Utilize pressure treated lumber. Paint and back prime all exposed new wood. 3) Remove and replace 48 s.f. of 1/2" cdx plywood. 4) Install 1 by 2 P.T. drip edge on facia at perimeter of roof. 06/14/93 SCOPE OF WORK 00300 -4 5) Install modified bitumen roofing system per Manufacturer's printed instructions along with required blocking, cant strips and edge metal. 6) Install and properly caulk a metal counter flashing along apparatus bay wall. C. Islamorada Fire Station - Roofing system -roof #1: Asphalt shingles - Roofing system -roof #2: Concrete - Area - roof #1: 3,075 s.f. -Area - roof #2: 2,285 s.f. -Total area: 5,360 s.f. -Roof mounted equip.: Roof #1 - exhaust fan antenna Roof #2 - safety railing - Penetrations: Roof #1 - 3 plumbing vents General Scope of Work 1) Remove and properly dispose of all asphalt shingles, base sheet and metal drip edge on second story roof. 2) Replace 16 l.f. of 1" by 8" facia at the eastern overhang with pressure treated lumber. 3) Replace 48 s.f. of 1/2" cdx plywood at the roof deck. 4) Remove and reinstall as necessary the roof mounted antenna to remove existing roofing material and for proper roof installation. 5) Install new aluminum drip edge. 6) Dry -in roof deck utilizing a 30# felt. 7) Install new approved three tab asphalt shingles over base sheet utilizing six nails per shingle and per Manufacturer's printed instructions. 8) Scrape existing facia and paint all facia with one undercoat and two finish coats. 9) Seal entire concrete deck with an approved sealer per the Manufacturer's printed instructions. 10) Remove all loose or peeling bitumastic coating from perimeter of concrete deck. 06/14/93 SCOPE OF WORK 00300 -5 11) Clean, prime and install added fiber mesh set in bitumastic and paint with an aluminum fibrated roof coating from deck up to the top of all parapet walls; over the northern edge of the deck, wrapping the sheet metal closer strip, 6" on wall, over curb onto deck where deck abuts the second story, properly detailing all corners. 12) Fabricate and install approved cap flashing atop all parapet walls, pitch to the inside. 13) Saw cut expansion /contraction crack where deck meets ramp. Clean and fill with an approved elastomeric caulk. 14) Remove and reinstall gutter at northern edge of concrete deck as necessary. 15) Caulk all railing bases with an approved elastomeric caulk D. Marathon No. 2 Fire Facility - Roofing system Roof #1 & #2: Built -up tar and gravel - Roofing system Roof #3: Roll roofing - Area Roof #1 & #2: 2,420 s.f. -Area Roof #3: 360 s.f. - Total area: 2,780 s.f. -Roof Mounted Equip.: 0 - Penetrations: Two plumbing vents One service riser General Scope of Work: 1) Remove all loose gravel on Roofs #1 and #2 and stockpile on property. 2) Remove and properly dispose of roofing material to expose damaged areas on Roofs #1 and #2. (approx. 48 s.f.) 3) Repair /replace any damaged wood members. (approx. 32 1.f. of 2" by 6" and 20 1.f. of 2" by 4 ") 4) Repair /replace any damaged plywood on roof deck and soffit. (approx. 48 s.f. of 1/2" cdx plywood and 64 s.f. of 3/8 A/C exterior plywood) 5) Replace damaged facia. (Approx. 24 1.f. of 1" by 8" P.T. and 16 1.f. of 1" by 10" P.T.) and wood drip edge (Approx. 30 1.f. of 1" by 2" P.T.) 06/14/93 SCOPE OF WORK 00300 -6 SECTION 00350 MILESTONE SCHEDULE This section contains the project milestone schedule. The contractor is required to determine his proposed schedule to meet these milestone dates. The Contractor is to note the following special items. a. Bid Due Date 10/12/93 b. Award Date (Anticipated) 10/21/93 c. Notice to Proceed (Anticipated). . . . 10/27/93 d. Conch Key Complete 11/15/93 e. Islamorada Complete 11/24/93 f. Marathon No. 2 Complete 12/10/93 g. Tavernier Complete 12/22/93 h. Substantial Completion Date 12/31/93 * * * * * * * * * * * * * * * * * * * * ** END OF SECTION 00350 09/17/93 MILESTONE SCHEDULE 00350 - 1 SECTION 00110 PROPOSAL FORM • BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT PUBLIC SERVIr" BUIL:_NG, ROOM 002 5100 COLLEGE ...rAD, STOCK ISLAND KEY WEST, FLORIDA 33040 BID FROM Page Building Systems C_nrporati PA). Rnx 106 Key Largo, P1. 11037 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Roof Repairs at Conch Key Fire Station Islamorada Fire Station Marathon No. 2 Fire Station and Tavernier Fire Station and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman- like manner, in )rmance w itY said Drawings, Specifications, and other Conti r ,cuments including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the ^ ^editions - nder which the Work is to be performed. The .....:3sfu dder shall assume the risk of any and all costs an delays : ing from the existence of any subsurface or other latent ysical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. 09/17/93 BID PROPOSAL 00110 - 2 The undersigned shall perform the work in the Base Bid for the lump sum price of Sixty -one Thousand FourHundred and Seventy - nine dollars. •�/ (words) Total Base Bid $ 61,479.00 (figures) • I acknowledge receipt of Addenda No.(s) I have included pages 1 through 7 of the Bid Proposal which entails the Proposal Form x , the required Bid Security x , the Lobbying and Conflict of Interest Clause x , the Sworn Statement of Public Entity Crimes x , and the Non - Collusion Affidavit,, • (Check mark items above, as a reminder that they are included.) Mailing Address: - a• • •• - P.O. Box 1061 Key Largo, Florida 31f117 Phone Number: 305- 451 -5864 Date: 10 -12 -93 Signed: Thomas R_ Page (Name) President (Title) Witness: eeal) 09/17/93 BID PROPOSAL 00110 - 3 "V• .„ td t rl ng lE installation Maximum value of Equipment Floater Installed tire VLP1 hazardous 3 300,000 (Requires MCS -90) VLP2 Cargo S 500,000 (Requires MCS -90) VLP3 Transporter 51,000,000 (Requires MCS -90) f3LL Bailee Liab. Maximum Value of Property IIKL1 hangarkeepers S 300,000 IIKL2 Liability S 500,000 1HKL3 S 1,000,000 AIR! Aircraft $25,000,000 AIR2 Liability S 1,000,000 Al R3 S 1,000,000 AE01 Architects Errors S 250,000 per Occurrence/S 500,000 Agg. AE02 & Omissions S 500,000 per OccurrcnceiS 1,000,000 Agg. AE03 S 1,000,000 per Occurrence/53,000,000 Agg. INSURANCE AGENTS STATEMENT 1 have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are _ Occurrence _ Claims Made Insurance Agency Signature BIDDERS STATEMENT understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. ♦ Bi „er / Signature Administrative Indtudiora INSCKLS'f 14709.01 9 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), 'LORIDA STATUTES, ON PUBLIC ENTITY CRIMES IRIS FORM MUST BE SIGNED AND SLORN 10 IN THE PRESENCE Of A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED 10 'INISiER OATHS. 1. This sworn statement is submitted toMonroe County Board of County Commissioners (print name of the public entity) b Thomas R. Page - President (print individual's name and title) for Pa•e • $• -u • •• • •e (print of entity submitting sworn statement) whose business address is P.O. Box 106 •• • •- 1 and (if a- - " - "le) its Federal Errloyer identification Number (FEIN) is 65 0139091 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction :f business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as • result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. i. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, mertbers, and agents who are active in the management of an affiliate. The ownership by one person of hares constituting a controlling interest in another person, or pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be s prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. S. 1 understand that a "person' as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents ''o are active in management of an entity. 6. Based on information and belief, the statement which 1 have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any of its officers, directors, 09/17/93 BID PROPOSAL 00110 - 4 executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to Juty 1, 1989. The entity submitting this sworn statement, or one or more of Its officers, directors, executives, partners, shareholders, en pate e 1 thc abers ty has agents been who arged active and of management of the entity, nor an a public entity crime subsequent to July 1, 1989. the entity submitting this sworn statement, or r, o n e orem are officers, directors, executives, partners, shareholders, employees, management of the entity, or an affiliate 98 the entityrhashbeenhcharged withbanduconvictedeof a public entity crime subsequent to Juty 1, Hearing Oficr of t was publicginte the interest to Final place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I RAG R A P H AND ON TBE EUBM1FO THAT THE AND, THAT THE THE 1 (ON IN NO IS FOR P RE R 10NENTERING INTO H A C CONTRACT FINE ALSO IN 287.017` PRIOR STATUTES FOR CATEGORY Tt10 OF ANY CHANGE IN 1HE INFORMATION CONTAIN HIS FORM. (signature) Th as' R. Page �� 19 Sworn to and subscribed before me this _12th. h_ day of :::: y�lr� Gl/� Personally known mP — I �L/ Notary Public - State of 1 .p OR produced identification � My Commission •ireFFICIALNOTARYSEAL 4) t:hEAD (,AEI LT i`;�i W n1 t (Type of identification) NOTARY PUBLIC STATE OF FLORIDA (Printed, t • • or r_al.;':. ..!. i'' ..""F t 1 of Notary Pubt MY COMMISSION EXP. ACC. 27,1996 • Form PUR 7068(Rev. 06/11/92) 09/17/93 BID PROPOSAL 00110 - 5 Sectiol 00110 Non- Collusic'l Affidavit 1, -T amas_1i. Page_--- .-- ____ - a of the city of _Ke r, � F1orirla according to law on my oath, and under penalty of perjury, depose and say hat; 1.) I am President __ of the firm of £age Bnilding_Syatems Co>iporation the bidder nuking the Proposal for the project described in the notice for calling for bids rer: Fire Facility Roof Repairs; Conch Key, Islamorada, Marathon No.2 and Tavernier Fire Station and that execs tie sai proposal wit u autierity to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such process with any other bidder or with any competitor; 3.) unless otherwise required by law, the price: which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5.) the statements contained in th' affidavit are true and correct, and made with full knowledge that Monroe Co relies upon the truth of the statements contained in this affidavit in awardi . 'tracts for said project. 10 -12 -93 ignature of Bidder) (Date) • or: Florida COUNTY OF: Monroe PERSONALLY APPEARED BEFORE ME, the undersigned authority, 7;e7,1/i9.s z• who, after first being sworn me, (name of indivi at signing) iffixed his /her signature in,.(h space provided above on this /a — day of 7Dt9E 19 ...T • OFFICIAL NOTARY SEAL ie ,e/, CARI LYNN WHITEHEA D 111 ART Puaill c _ NOTARY PUBLIC STATE OF •RIDA My c•rnnission expires: COMMISSION NO. CC224146 MY COMMISSION EXP. AUG. 27,1996 09/17/93 BID PROPOSAL 00110 — 6 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE " Pace B u i l d i n g Systems C or Pn y) t i nn warrants that he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010.1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract withou liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise yerover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former_ County officer or employee". ------6:-------"--------:' (Signature) Date: / O - � 2 • // STA1E OF F1 nri da COUNTY OF MnnroP Subscribed and sworn to (or affirmed) before me on 10-12-93 (date) by Thomas B_ PAT' (name of affiant). 1She is personalty known to me as identification. (type or has produced of identification) / o OFFICIAL CIAL NOTARY SEAL .�` �/ /`� / , , /1 CARI LYNN WHITEHEAD NOTARY CU' IC NOTARY PUBUC STATE OF FLORIDA COMMISSION NO. CC224146 MY COMMISSION EXP. AUG 27,19% • • MCP #4 Rev 2/92 ROPOSAL 00110 - 7 09/17/93 '1 ADDENDUM ACKNOWLEDGEMENT ' : • • -• PROJECT: Fire Facilities Roof Repairs . Conch Key, lslamorada, Marathon No. Z and Tavernier Fire Station ' Please acknowledge receipt of Addendum No. 1 for the above referenced project by signing and dating below. - • • Company: • . • .. ' . .. - .. , • Signature: %, �- Name: _ Thomas 12 Page - , . Title: . ; president _ • • resident ' Date: - - Please return by facsimile or mail to: • • . Morrison- Knudsen/Gerrits' • • ' • - • 5090 College Road .: • . • • Key West, FL 33040 • • Phone: (305) 292 -7845 . . r : . • (305) 292 -9697 • • • . •• • • • . • . . . CASHIER'S CHECK , 57885 REMITTER ** *PAGE BUILDING SYSTEMS * * * * * * * ** 63.10161 1 OCTOBER 12 19 93 6i0 'AY TO COIINT Y * * * * * * * *** * * * * * * * * * * * * * * ** I $ * *3,100.00 * * * ** :;j — DOLLARS : ' NU _ Bank arm, nom. k, i _—...,....._- MARATHON, FL 33050 ' ■ I v0578860 1:0670L0 L691: 0 L00002021 90 4..ae.100+c • � - ice_ ..�.. - tir Addendum No. 1 October 7, 1993 Fire Facilities Roof Repairs Conch Key, Islamorada, Marathon No. 2 and Tavernier Fire Stations Upon receipt of this addendum, please execute the attached "ADDENDUM ACKNOWLEDGEMENT" form and send by facsimile or mail to Morrison - Knudsen /Gerrits. The information contained in this addendum modifies, supplements or replaces information contained in the previously issued Bid Package and is hereby made a part of the contract documents. Bidding Documents - Section 00300, Scope of Work - A. Tavernier Fire Facility. Revise "- Approx. square footage: 2,400 s.f." to read "- Approx. square footage: 3,438 s.f." Conditions - Section 00800, Supplementary Conditions, add item 5A. 5A. Paragraph 4.7.1, delete in its entirety and replace with: "The Contractor shall secure and pay for all permits, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Contractor shall also secure the building permit. The Owner will not assess any County permit or County impact fees for the building permit." Section 00800, Supplementary Conditions, inserted after page 00800 -13, Insurance Checklist. Replace INSCKLST page 6, Workers' Compensation and Employers' Liability with the attached. General Requirements - Delete Section 01028, Change Order Procedures, pages 01028 -1 through 01028 -6. Delete reference to Section 01028, Change Order Procedures, from the Table of Contents, Section 00001. * * * * * * * * * * * * * * * * * * * * * * * * * * * ** END ADDENDUM NO. 1 ADDENDUM ACKNOWLEDGEMENT I) PROJECT: Fire Facilities Roof Repairs Conch Key, Islamorada, Marathon No. 2, and Tavernier Fire Station Please acknowledge receipt of Addendum No. 1 for the above referenced project by signing and dating below. Company: Signature: Name: Title: Date: Please return by facsimile or mail to: Morrison- Knudsen/Gerrits 5090 College Road Key West, FL 33040 Phone: (305) 292 -7845 Fax: (305) 292 -9697 A u . IN NJ lit hinting MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your • insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY X Workers' Compensation Statutory Limits WC 1 __,___ Employers Liability $ 100,000 /$500,000 /$ 100,000 WC2 Employers Liability $500,000/$500,000 /$500,000 WC3 Employers Liability $1,000,000/$1,000,000/$1,000,000 WCUSLH US Longshoremen & Same as Employers' Harbor Workers Act Liability WCJA Federal Jones Act Same as Employers' Liability • rik Administrative InMktioo INSCKLST N4709.01 1 6 THE AMERICAN INSTITUTE OF ARCHITECTS OTIgif4 AIA Document A201 /CM CONSTRUCTION MANAGEMENT EDITION General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. 1980 EDITION TABLE OF ARTICLES 1. CONTRACT DOCUMENTS 8. TIME 2. ADMINISTRATION OF THE 9. PAYMENTS AND COMPLETION CONTRACT 10. PROTECTION OF PERSONS AND 3. OWNER PROPERTY 4. CONTRACTOR 11. INSURANCE 5. SUBCONTRACTORS 12. CHANGES IN THE WORK 6. WORK BY OWNER OR BY 13. UNCOVERING AND CORRECTION SEPARATE CONTRACTORS OF WORK 7. MISCELLANEOUS PROVISIONS 14. TERMINATION OF THE CONTRACT AIA CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. Copyright 1975, ® 1980, 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 A2111 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA • ®1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A201 /CM —1980 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 1 INDEX Acceptance of Defective of Non - Conforming Work ..6.2.2, 13.3 Claims for Additional Cost or Time 8 3.2, 8.3.3, 12.2.1, 12.3 Acceptance of Work 9 5.5, 9.8.1, 9.9.1, 9.9.3 Claims for Damages 6.1.1, 6.2.5, 7.4, 8.3, 9.6.1.2 Access to Work 2 3.6, 6.2.1 Claims and Disputes Between Contractor Accident Prevention 2 3.5, 10 and Owner 2 3.12, 2.3.15, 2.3.23, 4.18.2, 7.9 Acts and Omissions 4 18.3, 7.4, 7.6.2, 8.3.1, 10.5 Cleaning Up 415, 6.3 Addenda, Definition of 1 1.1 Commencement of the Work, Conditions Relating to .3.2.1, 4.2, Additional Costs, Claims for 12.3 4.7.1, 4.10, 5.2.1, 6.2.2, 7.5, 9.2, 11.1, 11.3.4 ADMINISTRATION OF THE CONTRACT 2, 4.3.3 Communications 2 3.2, 3.2.6, 4.9.1, 4.16 Agreement, Extent of 1 1,1.2 Completion, All Risk Insurance 11.3.1 Conditions Relating to ...2.3.21, 4.11, 4.15, 9.4.2, 9.9, 13.2.2 Allowances 4 8 COMPLETION, PAYMENTS AND 9 Applications for Payment, Contractor's 2 3.8, 9.2.1, 9.3.1, Completion of the Project, Substantial 81.4, 9.83, 9.8 4, 9.3.3,, 95.3,9/.1,9.8.2, 9.9.1,9.93,9.9.5,11.3.1,14.2.2 9.9.4, 9.9.5, 9.9.6, 13.2.1, 13.2 2 Applications for Payment, Completion of the Work, Substantial 23.21, 8.1.1, 8.1.3, Project 2 3.8, 2.3.9, 93.1, 9.4, 9.6.1, 9.7.1 8.2.2, 9.8, 9.4.2, 9.9.3, 11.3.9 Approvals 2 3.18, 3.4, 4.3.3, 4.5, 4.12.4, Compliance with Laws 1 3, 2.1.1, 4.6, 4.7, 4.13, 7.1, 4.12.5, 4.12.6, 4.12.8, 4.13.2, 7.7, 9.3.2 7.6.1, 7.7.1, 10.2.2, 14.2.1 Arbitration 2 3.15, 2.3.23, 6.2.5, 7.9, 8.3.1, 11.3.7, 11.3.8 Concealed Conditions 12.2 Architect, Definition of 2.1 Consent, Written 2 3.22, 4.14.2, 7.2, 7.6.2, Architect, Extent of Authority 2 3, 3.4, 4.12.8, 5.2, 7 7.2, 9.8.1, 9.9.2, 9.9.3, 11.3.9 8.1.3, 8.1.4, 8.3.1, 9.2, 9.3.1, 9.4, 9.5.3, 9.6, 9.8, 9.9.1, 9 9.3, Construction Manager, Definition of 2 2 12.1.1, 12.1.4, 12.3.1, 12.4.1, 13.1, 13.2.1, 13.2.5, 14.2 Construction Manager's Approval 410.1, 4.13.2 Architect, Limitations of Authority and Responsibility 2 3.2 Construction Manager's through 2.3.5, 2.3.13 through 2.3.18, 2.3.22, 4.12.6, Additional Services 3 4, 7.7.2, 13.2.1, 13.2.5, 14.2.2 5.2.1, 9.4.2, 9.5.4, 9.5.5, 12.4 Construction Manager's Authority and Responsibility 2 3.3, Architect's Additional Services ...3.4, 7.7.2, 13.2.1, 13.2.5, 142.2 2.3.5, 2.3.16, 2.3.10, 2.3.22, 4.8.1, 4.17.1, 4.18.3, Architect's Approvals 2 3.18, 3.4, 4.5, 4.12.6, 4.12.8, 4.18.3 7.7.4, 9.2, 10.2.5, 113.6, 12.1.4, 14.1.1 Architect's Authority to Reject Work ....2.3.16, 4.5, 13.1.2, 13.2 Construction Manager's Confirmation 9 9.3 Architect's Copyright 1 3 Construction Manager's Consultation with the Architect .2.3.12, Architect's Decisions 2 3.10 through 2.3.16, 7.7.2, 2.3.16, 2.3.19, 2.3.21, 3.4.1, 9.6.1, 9.8.1,12.1.4, 12.3.1, 14.2.1 7.9.1, 9.2, 9.4, 9.6.2, 9.8.1, 12.1.4, 12.3.1 Construction Manager's Coordination and Scheduling ....2.3.7, Architect's Inspections 2 3.16, 2.3.21, 9.4.2, 9.8.1, 9.9.1 2.3.17, 4.3.1, 4.10.1, 4.12.4 Architect's Instructions 2 3.16, 2.3.19, 7.7.2, 12.4, 13.1 Construction Manager's Decisions 6.3, 8.3.1 Architect's Interpretations 2.3.10 through 2.3.13, 12.3.2 Construction Manager's Determinations ..2.3.3, 6.3.1, 7.7.2, 8.3.1 Architect's On -Site Observations 2 3.4, 2.3.6, 2.3.9, 7.7.1, Construction Manager's Interests 113.1, 11.3.2 7.7.4, 9.4.2, 9.6.1, 9.9.1 Construction Manager's Recommendations ....23 8, 2.3.9, 9.3.1, Architect's Relationship with Contractor 1 1.2, 2.3.5, 2.3.6, 9.4.1, 9.7.1, 9.9.1, 12.1.1 2.3.13, 2.3.16, 4.3.3, 4.5, 4.7.3, 4.12.6, 4.18, 11.3.6 Construction Manager's Relationship Architect's Relationship with with Architect 1.1.2, 2.3.1, 2.3.3, 2321 Subcontractors 1 1.2, 2.3.16, 9.5.3, 93.4 Construction Manager's Relationship with Contractor 1 12, Architect's Representations 9 4.2, 9.6.1, 9.9.1 2.3.15, 2.3.16, 3.2.6, 4.2.1, 4.3.3, 4.5, 4.7.3, 4.11.1, 4.12.4, 4.12.6, Artistic Effect 1 2.3, 2.3.14, 2.3.15, 7.9.1 4.16.1, 4.17.1, 4.18, 5.2, 6.2.1, 6.2.2, 7.6.2, 7.7, 7.9.1, 7.9.2, Attorneys' Fees 418.1, 6.2.5, 9.9.2 8.3.1, 8.3.2, 9.4.1, 9.5.4, 9.8.1, 9.9.1, 10.2.6, 11.1.4, 11.3.6 Award of Separate Contracts 61.1 Construction Manager's Relationship Award of Subcontracts and Other Contracts for with Subcontractors 1.1.2, 2.3.16, 5.3.1 Portions of the Work 5 2 Construction Manager's Review 2.3.8, 2.3.17, 5.2.1 Construction Schedule, Contractor's 410 Boiler and Machinery Insurance 11.3.2 Contract, Definition of 1 1.2 Bonds, Lien 9 3.3, 9.9.2 Contract Administration 2 3, 4.3.3 Bonds, Performance, Labor and Material Payment 7 5, 9.9.3 Contract Award and Execution, Building Permit 4 7 Conditions Relating to 4.7.1, 4.10, 5.2, 7.5, 11.1, 11.3.4 CONTRACT DOCUMENTS 1 Certificate of Substantial Completion ....9.8.1, 9.8.2, 9.8.3, 9.8.4 Contract Documents, Certificates of Inspection, Testing or Approval 7 7.3 Copies Furnished and Use of • 1 3, 3.23, 5.3 Certificates of Insurance 9 3.2, 11.1.4 Contract Documents, Definition of 1.1.1 Certificates for Payment, Project 2 3.9, 2.3.21, 9.4, 9.5.1, Contract Modifications 1 1 1, 12 9.5.5, 9.6.1, 9.7.1, 9.8.2, 9.9.1, 9.9.3,12.1.4,14.1.1,14.2.2 Contract Sum, Definition of 9 9.1 Change Orders 1 1.1, 2.3.19, 3.4, 4.8.2.3, 4.11.1, Contract Termination 14 5.2.3, 7.7.2, 8.3.1, 9.7, 9.9.3, 11.3.1, 11.3.5, 11.3/, Contract Time, Definition of 81.1 12.1, 12.2.1, 12.3.1, 13.1.2, 13.2.5, 13.3.1 CONTRACTOR 4 Change Orders, Definition of 12.1.1 Contractor, Definition of 41, 6.1.2 CHANGES IN THE WORK 2 3.19, 4.11.1, 12 Contractor's Construction Schedule 410 AIA DOCUMENT ANT /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIM • ® 1980 • THE 2 A201 /CM -1980 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying vlolatea U.S. eopyrlght laws and Is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 2 Contractor's Employees 4 3.2, 4.4.2, 4.8.1, 4.9, 4.18, 10.2.1 Execution and Progress of the Work 1 1.3, 1.2.3, 2.3.4, through 10.2.4, 10.2.6, 10.3, 11.1.1 2.3.5, 2.3.11, 4.2, 4.4.1, 4.5, 4.7.1, 6.2.2, 733, Contractor's Liability Insurance 11.1 8.2.2, 8.3.1, 8.3.2, 9.6.1, 10.2.3, 10.2.4, 14.2 Contractor's Relationship with Architect 1 1.2, 2.3.5, 23.6, Execution, Correlation and Intent of 2.3.13, 2.3.16, 4.3.3, 4.5, 4.7.3, 4.12.6, 4.18, 11.3.6 the Contract Documents 1 2, 4.7.1 Contractor's Relationship with Construction Manager 1 1.2, Extensions of Time 8.3, 12.1.1, 12.1.2 2.3.15, 2.3.16, 3.2.6, 4.2.1, 4.3.3, 4.5, 4.7.2, 4.11.1, 4.12.4, 4.12.6, 4.16.1, 4.17.1, 4.18, 5.2, 6.2.1, 6.2.2, 7.6.2, 7.7, 7.9.1, Failure of Payment by Owner 9 7, 14.1 7.9.2, 8.3.1, 8.3.2, 9.4.1, 9.5.4, 9.8.1, 9.9.1, 10.2.6, 11.1.4, 11.3.6 Failure of Payment of Subcontractors 9 6.1.3, 9.9.2, 14.2.1 Contractor's Relationship with Separate Contractors Failure to Carry out the Work 2.3.5 and Owner's Forces 3.2.7, 6 Final Completion and Final Payment ...2.3.15, 2.3.21, 9.9, 13.3.1 Contractor's Relationship with Financial Arrangements, Owner's 311 Subcontractors 1 2.4, 5.2, 5.3, 9.5.2, 11.3.3, 11.3.6 Fire and Extended Coverage Insurance 11.3.1 Contractor's Representations 1 2.2, 4.5, 4.12.5, 9.3.3 Contractor's Responsibility for Those Performing the Work 4 3.2, 4.18, 10 Governing Law 71 Contractor's Review of Contract Documents ....1.2.2, 4.2, 4.7.3 Contractor's Right to Stop the Work 9 7 Indemnification 4 17, 4.18, 6.2.5, 9.9.2 Contractor's Right to Terminate the Contract 14.1 Identification of Contract Documents 1.2.1 Contractor's Submittals 2.3.18, 4.10, 4.12, 5.2.1, Identification of Subcontractors and Suppliers 5 2.1 5.2.3, 9.2, 9.3.1, 9.8.1, 9.9.2, 9.9.3 Information and Services Required of Contractor's Superintendent 4 9, 10.2.6 the Owner 3 2, 6.1, 9, 11.2, 11.3 Contractor's Supervision and Inspections 2 3.16, 2.3.21, 4.3.3, 7.7, 12.1.2, 9.9.1 Construction Procedures 1 2.4, 2.3.5, 4.3, 4.4, 10 Instructions to Bidders 1.1 .1 Contractual Liability Insurance 11.1.3 Instructions to the Contractor 2 3.2, 3.2.6, 4.8.1, 7.7.2, Coordination and Correlation 1 2.2, 1.2.4, 4.3.1, 4.10.1, 12.1.2, 12.1.4 4.12.5, 6.13, 6.2.1 INSURANCE 9 81,11 Copies Furnished of Drawings and Specifications ..1.3, 31.5, 5.3 Insurance, Contractor's Liability 11.1 Correction of Work 3 3, 3.4, 10.25, 13.2 Insurance, loss of Use 11.4 Cost, Definition of 12.1.4 Insurance, Owner's Liability 11.2 Costs 3 4, 4.8.2, 4.15.2, 5.2.3, 6.1.1, 6.2.3, 6.2.5, 6.3, 7.7.1, Insurance, Property 11.3 7.7.2, 9.7,11.3.1, 11.3.5, 12.1.3, 12.1.4, 12.3, 13.1.2, 13.2, 14.2.2 Insurance, Boiler and Machinery 11.3.2 Cutting and Patching of Work 4 14 Insurance, Special Hazards 11.35 Insurance, Stored Materials 9 3.2, 11 31 Damage to the Work 4 14.2, 10.2.1.2, 10.2.7, 11.3.1 Insurance Companies, Consent to Partial Occupancy 11.3.9 Damage to Work 414.2, 4.18.1, 6.2.4, 6.2.5, 9.6.15, Insurance Companies, Settlement With 113.8 10.2.1.3, 10.2.2, 10.2.5, 10.3, 13.2.6 Intent of the Contract Damages, Claims for 61.1, 6.2.5, 7.4, 9.6.1.2 Documents 1 2.3, 2.3.10, 2.3.13, 2.3.14, 12.4 Dams es for Delay Interest 7.8 g Y 61.1, 8.3.4, 9.i Interpretations, Written 1 1.1, 2.3.11, 2.3.12, 2.3.13, 12.4 Day, Definition of 81 5 rP Decisions of the Architect 2 3.10 through 2.3.16, 7.7.2, 7.9.1, 9.2, 9.4, 9.6.1, 9.8.1, 12.1.4, 12.3.1 Labor, Materials and Equipment 1 1.3, 4.4, 4.5, 4.12, 4.13, Decisions of the Construction Manager 6 3, 8.3.1 4.15.1, 6.2.1, 9.3.2, 9.3.3, 9.6.1.3, 9.2.2, 10.2.1.2, Defective or Non- Conforming Work, Acceptance, 11.3.1, 12.1.4, 13.2.2, 13.2.5, 14 Rejection and Correction of 2 3.4, 2.3.16, 3.3, 3.4, 4.5, Labor and Material Payment Bond 75 6.2.2, 6.2.3, 9.6.1.1, 9.9.4.2, 13 Labor Disputes 8 3.1 Definitions 1 1, 2.1, 2.2, 3.1, 4.1, 4.12.1 through Laws and Regulations 1.3, 2.1.1, 4.6, 4.7, 4.13, 7.1, 4 .12.3,5. 1,6.1.2,8.1,9.1.1,12.1.1,12.1.4 7 .6.1,7.7.1,10.21,14 Delays and Extensions of Time 8 3 Liens 9 3.3, 9.9.2, 9.9.4.1 Disputes 2 3.12, 2.3.15, 2.3.23, 6.2.5, 6.3, 7.9.1 Limitations of Authority 2 3.2, 11.3.8, 12.4.1 Documents and Samples at the Site 4 11 Limitations of Liability 2 3.13, 2.3.16, 2.3.18, 3.3, 4.2, Drawings and Specifications, 4.7.3, 4.12.6, 4.17, 4.18, 6.2.2, 7.6.2, 9.4.2, 9.5.4, 9.9.4, 9.9.5, 10.2.5, 11.1.2, 11.3.6 Use and Ownership of 1.3, 3.2.5, 4.11, 5.3 Limitations of Time, General 2 3.11, 2.3.18, 3.2.1, 3.2.4, Easements 4 . 2, 4 . 7 . 1, 4 . 7 . 3,4 . 12 . 32.3 7.7, 7.9.2, 8.2, 9.5.2, 9.6.1, 9.8, 9.9, 11.3.1, 11.3.4, Emergencies 10.3 11.3.9, 12.1.4, 12.4, 13.2.1, 13.2.2, 13.2.5 Employees, Contractor's 4.3.2, 4.4.4, 4.8.1, 4.9, 4.18, Limitations of Time, Specific 3 4, 4.10, 7.9.2, 8.2, 8.3.2, 10.2.1 through 10.2.4, 10.2.6, 10.3, 11.1.1 8.3.3, 9.2, 9.3.1, 9.4.1, 9.5.1, 9.7, 11.1.4, 11.3.8, Equipment, Labor, Materials and 1 1.1, 4.4, 4.5, 4.12, 4.13, 12.2, 12.3.1, 13.2.2, 13.2.7, 14.1, 14.2.1 4.15.1, 6.2.1, 9.3.2, 9.3.3, 9.6.1.3, 9.9.2, Limitations, Statutes of 7 9.2, 13.2.2, 13.2.7 10.2.1.2, 11.3.1, 12.1.4, 13.2.2, 13.2.5, 14 Loss of Use Insurance 11.4 AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • © 1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE. . N.W., WASHINGTON, D.C. 20006 A201 /CM -1980 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 3 Materials, Labor and Equipment 1 1.3, 4.4, 4.5, 4.12, 4.13, Performance Bond and Labor and Material Payment Bond 75 4.15.1, 6.2.1, 9.3.2, 9.3.3, 9.6.1.3, 9.9.2, Permits, Fees and Notices 3 2.3, 4.7, 4.13, 10 2.2 10.2.1.2, 11.3.1, 12.1.4, 13.2.2, 13.2.5, 14 PERSONS AND PROPERTY, PROTECTION OF 10 Material Suppliers 412.1, 5.2.1, 9.3.3 Product Data, Definition of 14.22 Means, Methods, Techniques, Sequences and Product Data, Shop Drawings, Samples and ...23.18, 4.2 1, 4.12 and Procedures of Construction 2 3.5, 4.3.1, 9.4.2 Progress and Completion 2 3.4, 7.9.3, 8.2 Minor Changes in the Work 1 1.1, 2.3.19, 12.4 Progress Payments 7 8, 7.9.3, 9.5.5, 9.8.2, 9.9.3, 12.1.4 MISCELLANEOUS PROVISIONS 7 Project, Definition of 11.4 Modifications, Definition of 1 1 1 Project Construction Schedule 410 Modifications to the Contract 1 1.1, 1.1.2, 2.3.2, 2.3.22, Property Insurance 11.3 4.11.1, 4.7.3, 12 PROTECTION OF PERSONS AND PROPERTY 10 Mutual Responsibility 6 2 Record Documents 411 Non - Conforming Work, Acceptance of Defective or 13.3 Regulations and Laws 1 3, 2.1.1, 4.6, 4.7 , 4.13.1, Notice, Written 2 3.11, 2.3.15, 4.2, 4.7.3, 4.7.4, 4.9, 7.1, 10.2.2, 14 4.12.6, 4.12.7, 5.2.1, 7.3, 7.4, 7.9.2, 8.1.2, 8.3.2, 8.3.3, Rejection of Work 23.16, 4.5.1, 13.2 9.4.1, 9.6.1, 9.7, 9.9.1, 9.9.5, 10.2.6, 11.1.4, 11.3.1, Releases of Waivers and liens 9 9.2, 9.9.4 11.3.5, 11.3.7, 11.3.8, 12.2, 12.3, 13.2.2,13.2.5, 14 Representations 1 2.2, 4.5, 4.12.5, 9.4.2, 9.6.1, 9.9.1 Notices, Permits, Fees and 2 3.2, 4.7, 4.13.1, 10.2.2 Representatives ....2.1, 2.2, 2.3.2, 2.3.22, 3.1, 4.1, 4.9, 5.1, 9.3.3 Notice of Testing and Inspections 7 7 Responsibility for Those Performing the Work 2 3.5, 4.3.2, Notice to Proceed 81.2 6.1.3, 6.2, 9.8.1 Retainage 9 3.1, 9.5.2, 9.8.2, 9.9.2, 9.9.3 Observations, Contractor's 1.2.2, 4.7.3 Review of Contract Documents by the Contractor 1 2.2, 81.3, 8.1.4, 9.5.5, 11.3.9 4.2, 4.7.3 Occupancy Reviews of Contractor's Submittals by Owner and On -Site Inspections by the Architect 2 3.16, 2.3.21, 9.4.2, 9.8.1, 9.9.1 Architect 2 3.18, 4.10, 4.12, 5.2.1, 5.2.3, 9? Rights and Remedies 1 4.10, , 2.3.15, 2.3.16, 5.2.3, 3.4, .2 On -Site Observations by the Architect 2 9.4.2, 2.3.6, 9.6.1, 2 9.9.1 5.3, 6.1, 6.3, 7.6, 7.9, 8.3.1, 9.6.1, 9.7, 7.7.1, 7.7.4, 9.4.2, 9.6.1, 9.9.1 10.3, 12.1.2, 12.2, 13.2.2, 14 Orders, Written 3 3, 4.9, 12.1.4, 12.4.1, 13 3 Royalties and Patents 417 OWNER 31 Owner, Definition 10.2 Owner, Information and Services Safety of Persons and Property Required of the 3 2, 4.7.1, 6.1.3, 6.2, 9, 11.2, 11.3 Safety Precautions and Programs 2 3.5, 10.1 Owner's Authority 2 3.21, 7.7.2, 9.3.1, 9.3.2, Samples, Definition of 4123 9.8.1, 11.3.8, 12.1.2, 12.1.4 Samples, Shop Drawings, Product Data and 2 3.17, 2 3.18, Owner's Financial Capability 3 2.1 4.2, 4.12 Owner's Liability Insurance 11.2 Samples at the Site, Documents and 411 Owner's Relationship with Subcontractors 1 1.2, 9.5.4 Schedule, Contractor's Construction 4 1 Owner's Right to Carry Out the Work 3.4, 13.2.4 Schedule, Project Construction 9 0 Owner's Right to Clean Up 415.2, 6.3 Schedule of Values Owner's Right to Perform Work and to Separate Contracts and Contractors 4142, 6, 11.3.6, 13.12 Award Separate Contracts 61 Shop Drawings, Definition 412.1 Owner's Right to Terminate the Contract 14.2 Shop Drawings, Product Data and Samples 2 3.17, Owner's Right to Stop the Work 3 3 2.3.18, 4.2, 4.12 Ownership and Use of Documents 1 3, 3.2.5, 5.3 Site, Use of 4 13, 6.2.1 Site Inspections 1 2.2, 2.3.4, 2.3.21, 7.7, 9.8.1, 9.9.1 Patching of Work, Cutting and 414 Site Visits, Architect's 2.3.4, 2.3.6, 2.3.9, 7.7.1, Patents, Royalties and 417.1 7.7.4, 9.4.2, 9.6.1, 9.9.1 Payment Bond. Labor and Material 7 5 Special Inspection and Testing 2 3.16, 7.7 Payment, Contractor's Applications for 2.3.8, 9.2, 9.3, 9.4, Special Hazards Insurance 11.3.5 9.5.3, 9.6.1, 9.7.1, 9.8.2, 9.9.1, 9.9.5, 14.2.2 Specifications 1 1.1, 1.2.4, 1.3 Payment, Project Certificates for 2.3.9, 2.3.21, 9.4, 9.5.1, Statutes of limitations 79.2, 13.2.2, 13.2.7 9.5.5, 9.6.1, 9.7.1, 9.8.2, 93.1, 9.9.3, 12.1.4, 14.1.1, 14.2.2 Stopping the Work 3 3, 9.7.1, 10.3, 14.1 Payment, Failure of 9 5.2, 9.6.1.3, 9.7, 9.9.2, 14 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 11.3.1, 13.2.5 Payment, Final 2.3.15, 2.3.21, 9.9, 13.3.1 SUBCONTRACTORS Payments, Progress 7 8, 7.9.3, 9.5.5, 9.8.2, 9.9.3, 12.1.4 Subcontractors, Definition of 5 1 1 PAYMENTS AND COMPLETION 9 Subcontractors, Work by 1 2.4, 2.3.5, 4.3.1, 4.3.2 Payments to Subcontractors 9 5.2, 9.5.3, 9.5.4, 9.6.1 3, Subcontractual Relations 5 3 11.3.3, 14.2.1 Submittals 1 3. 2.3.18. 4.10, 4.12, 5.2.1, 5.2.3, Payments Withheld 9 6 9.2, 9.3.1, 9.8.1, 9.9.1, 9.9.3 AIA DOCUMENT A201/CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA* • © 1980 • THE 4 A201 /CM -1980 AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW 1ORK AVE . N W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright taws and is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 4 Subrogation, Waiver of 11.3.6 Time Limits, Specific 3 4, 4.10, 7.9.2, 8.2, 8.3.2, Substantial Completion of the Project 8 1.4, 9.8.3, 9.8.4, 8.3.3, 9.2, 9.3.1, 9.4.1, 9.5.1, 9.7, 11.1.4, 9.9.4, 9.9.5, 9.9.6, 13.2.1, 13.2.2 11.3.8, 12.2, 12.3.1, 13.2.2, 13.2.7, 14.1, 14.2.1 Substantial Completion of the Project, Definition of 81.4 Title to Work 9 3.2, 9.3.3 Substantial Completion of the Work 2 3.21, 8.1.1, 8.1.3, 8.2.2, 9.4.2, 9.8, 9.9.3, 11.3.9 UNCOVERING AND CORRECTION OF WORK 13 Substantial Completion of the Work, Definition of 81.3 Uncovering of Work 13.1 Substitution of Subcontractors 5 2.3, 5.2.4 Unforseen Conditions 8 3.1, 12.2 Substitution of the Architect 2 3.23 Unit Prices 12.1.3.2, 12.1.5 Substitution of the Construction Manager 2 3.23 Use of Documents 1 3, 3.2.5, 5.3 Substitutions of Materials 4 5, 12.1.4 Use of Site 413, 6.2.1 Sub- subcontractors, Definition of 5 1.2 Subsurface Conditions 12.1.1 Values, Schedule of 9 2 Successors and Assigns 7 2 Supervision and Construction Procedures 1 2.4, 23.5, Waiver of Claims by the Contractor ....7.6.2, 8.3.2, 9.9.5, 11.3.6 4.3, 4.4, 10 Waiver of Claims by the Owner 7 6.2, 9.9.4, 11.3.6, 11.4.1 Superintendent, Contractor's 49, 10.2.6 Waiver of Liens 99.2 Surety, Consent of 9 9.2, 9.9.3 Warranty and Warranties 2 3.21, 4.5, 9.3.3, 9.8.4, Surveys 3 2.2, 4.18.3 9.9.4, 13.2.2, 13.2.7 Weather Delays 8 3.1 Taxes 4 6 Words, Recognized Meaning of 1 2.3 Termination by the Contractor 14.1 Work, Definition of 11.3 Termination by the Owner 14.2 WORK BY OWNER OR BY SEPARATE CONTRACTORS 6 Termination of the Architect 2 3.23 Written Consent 2.3.22, 4.14.2, 7.2, 7.6.2, 9.8.1, 9.9.3 Termination of the Construction Manager 2 3.23 Written Interpretations 1 1.1, 2.3.11, 12.3.2 TERMINATION OF THE CONTRACT 14 Written Notice 2.3.11, 2.3.15, 4.2, 4.7.3, 4.7.4, 4.9, 4.12.6, Tests 2 3.16, 4.3.3, 7.7, 9.4.2 4.12.7, 5.2.1, 7 3, 7.4, 7.7.2, 7.9.2, 8.1.2, 8.3.2, 8.3.3, 9.4.1, TIME 8 9.6.1, 9.7, 9.9.1, 10.2.6, 11.1.4, 11.3.1, 11.3.5, 11.3.7, Time, Definition of 81 11.3.8, 12.2, 12.3, 13.2.2, 13.2.5, 14 Time, Delays and Extensions of 8 3, 12.1, 12.3, 13.2 7 Written Orders 3 3, 4.9, 12.1.4, 12.4.1, 13.1 AIA DOCUMENT A2011CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIA • © 1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006 A201 /CM -1980 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution: 09/17/93 GENERAL CONDITIONS 00750 - 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 or any of the other Contract Documents, the Architect CONTRACT DOCUMENTS shall identify such Documents. 1.2.2 Execution of the Contract by the Contractor is a 1.1 DEFINITIONS representation that the Contractor has visited the site, be- 1.1.1 THE CONTRACT DOCUMENTS come familiar with the local conditions under which the Work is to be performed, and has correlated personal The Contract Documents consist of the Owner- Contractor observations with the requirements of the Contract Docu- Agreement, the Conditions of the Contract (General, Sup- menu. elementary and other Conditions), the Drawings, the 1.2.3 The intent of the Contract Documents is to include Specifications, and all Addenda issued prior to and all all items necessary for the proper execution and comple- Modifications issued after execution of the Contract. A tion of the Work. The Contract Documents are comple- Modification is (1) a written amendment to the Contract mentary, by both parties, (2) a Change Order, (3) a written r1. and what is required by any one shall be as interpretation issued by the Architect pursuant to Sub- binding as if required by all. Work not covered in the paragraph 2.3.11, or (4) a written order for a minor Contract Documents will not be required unless it is con - change in the Work issued by the Architect pursuant to sistent therewith and is reasonably inferable therefrom as Paragraph 12.4. The Contract Documents do not include being necessary to produce the intended results. Words Bidding Documents such as the Advertisement or Invita- and abbreviations which have well -known technical or tion to Bid, the Instructions to Bidders, sample forms, the trade meanings are used in the Contract Documents in Contractor's Bid or portions of Addenda relating to any accordance with such recognized meanings. of these, or any other documents unless specifically enu- 1.2.4 The organization of the Specifications into divi- merated in the Owner- Contractor Agreement. sions, sections and articles, and the arrangement of Draw- ings shall not control the Contractor in dividing the Work 1.1.2 THE CONTRACT among Subcontractors or in establishing the extent of The Contract Documents form the Contract for Construc- Work to be performed by any trade. tion. This Contract represents the entire and integrated 1.3 OWNERSHIP AND USE OF DOCUMENTS agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, either 1.3.1 All Drawings, Specifications and copies thereof written or oral. The Contract may be amended or modi- furnished by the Architect are and shall remain the prop - fied only by a Modification as defined in Subparagraph erty of the Architect. They are to be used only with re- 1.1.1. The Contract Documents shall not be construed to spect to this Project and are not to be used on any other create any contractual relationship of any kind between project. With the exception of one contract set for each the Architect and the Contractor, between the Construc- party to the Contract, such documents are to be returned Lion Manager and the Contractor or between the Archi- or suitably accounted for to the Architect on request at tect and the Construction Manager, but the Architect and the completion of the Work. Submission or distribution the Construction Manager shall be entitled to perform- to meet official regulatory requirements or for other pur- ance of the obligations of the Contractor intended for poses in connection with the Project is not to be con - their benefit and to enforcement thereof. Nothing con- strued as publication in derogation of the Architect's tained in the Contract Documents shall create any con- common law copyright or other reserved rights. tractual relationship between the Owner, the Construc- tion Manager or the Architect and any Subcontractor or ARTICLE 2 Sub - subcontractor. 1.1.3 THE WORK ADMINISTRATION OF THE CONTRACT The Work comprises the completed construction required 2.1 THE ARCHITECT of the Contractor by the Contract Documents, and in- 2.1.1 The Architect is the person lawfully licensed to cludes all labor necessary to produce such construction, practice architecture. or an entity lawfully practicing ar- and all materials and equipment incorporated or to be chitecture, identified as such in the Owner- Contractor incorporated in such construction. Agreement. The term Architect means the Architect or 1.1.4 THE PROTECT the Architect's authorized representative. The Project, as defined in the Owner- Contractor Agree- 2.2 THE CONSTRUCTION MANAGER ment, is the total construction of which the Work per- 2.2.1 The Construction Manager is the person or entity formed under the Contract Documents is a part. identified as such in the Owner- Contractor Agreement. 1.2 EXECUTION, CORRELATION AND INTENT The term Construction Manager means the Construction Manager or the Construction Manager's authorized 1.2.1 The Contract Documents shall be signed in not representative. less than quadruplicate by the Owner and the Contractor. If either the Owner or the Contractor or both do not sign 2.3 ADMINISTRATION OF THE CONTRACT the Conditions of the Contract, Drawings, Specifications 2.3.1 The Architect and the Construction Manager will AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION A201 /CM —198 6 CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIAE • ® 1980 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1733 NEW YORK AVE.. N.W.. WASHINGTON. D.C. 2.000 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is sublets to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 6 provide administration of the Contract as hereinafter mendations of the Construction Manager and an evalua- described. tion of the Project Application for Payment, the Architect 2.3.2 The Architect and the Construction Manager will will determine the amount owing to the Contractor and be the Owner's representatives during construction and will issue a Project Certificate for Payment incorporating until final payment to alt contractors is due. The Archi- such amount, as provided in Paragraph 9.4. sect and the Construction Manager will advise and con- 2.3.10 The Architect will be the interpreter of the re- sult with the Owner. All instructions to the Contractor quirements of the Contract Documents and the judge of shall be forwarded through the Construction Manager. the performance thereunder by both the Owner and the The Architect and the Construction Manager will have Contractor. authorit'y to act on behalf of the Owner only to the extent 2.3.11 The Architect will render interpretations neces- provided in the Contract Documents, unless otherwise sary for the proper execution or progress of the Work, modified by written instrument in accordance with Sub - with reasonable promptness and in accordance with paragraph 2.3.22. agreed upon time limits. Either party to the Contract may 2.3.3 The Construction Manager will determine in gen- make written request to the Architect for such interpreta- eral that the Work of the Contractor is being performed tions. in accordance with the Contract Documents, and will en- 2.3.12 Claims, disputes and other matters in question deavor to guard the Owner against defects and deficien- between the Contractor and the Owner relating to the cies in the Work of the Contractor. execution or progress of the Work or the interpretation 2.3.4 The Architect will visit the site at intervals appro- of the Contract Documents shall be referred initially to priate to the stage of construction to become generally the Architect for decision. After consultation with the familiar with the progress and quality of the Work and to Construction Manager, the Architect will render a deci- determine in general if the Work is proceeding in accord- Sion in writing within a reasonable time. ance with the Contract Documents. However, the Archi- 2.3.13 All interpretations and decisions of the Architect tect will not be required to make exhaustive or con- shall be consistent with the intent of and reasonably in- tinuous on -site inspections to check the quality or q uan- ferable from the Contract Documents and will be in writ - tity of the Work. On the basis of on -site observations as ing or in graphic form. In this capacity as interpreter and . an architect, the Architect will keep the Owner informed judge, the Architect will endeavor to secure faithful per - of the progress of the Work, and will endeavor to guard (ormance by both the Owner and the Contractor, will not the Owner against defects and deficiencies in the Work show partiality to either, and will not be liable for the of the Contractor. result of any interpretation or decision rendered in good 2.3.5 Neither the Architect nor the Construction Man- faith in such capacity. ager will be responsible for or have control or charge of 2.3.14 The Architect's decisions in matters relating to construction means, methods, techniques, sequences or artistic effect will be final if consistent with the intent of procedures, or for safety precautions and programs in the Contract Documents. connection with the Work, and neither will be respon- sible for the Contractor's failure to carry out the Work in 2.3.15 Any claim, dispute or other matter in question accordance with the Contract Documents. Neither the between the Contractor and the Owner referred to the Architect nor the Construction Manager will be respon- Architect through the Construction Manager, except those sible for or have control or charge over the acts or omis- relating to artistic effect as provided in Subparagraph sions of the Contractor, Subcontractors, or any of their 2.3.14 and those which have been waived by the making agents or employees, or any other persons performing any or acceptance of final payment as provided in Subpara- of the Work. graphs 9.9.4 through 9.9.6, inclusive, shall be subject to 2.3.6 The Architect and the Construction Manager shall arbitration upon the written demand of either party. at all times have access to the Work wherever it is in However, no demand for arbitration of any such claim, di preparation and progress. The Contractor shall provide dispute or other matter may be made until the earlier of • facilities for such access so that the Architect and the (1) the date on which the Architect has rendered a writ - Construction Manager may perform their functions under ten decision, or (2) the tenth day after the parties have the Contract Documents. presented their evidence to the Architect or have been given a reasonable opportunity to do so, if the Architect 2.3.7 The Construction Manager will schedule and coor- has not rendered a written decision by that date. When dinate the Work of all contractors on the Project includ- such a written decision of the Architect states (1) that the ing their use of the site. The Construction Manager will decision is final but subject to appeal, and (2) that any keep the Contractor informed of the Project Construction demand for arbitration of a claim, dispute or other matter Schedule to enable the Contractor to plan and perform covered by such decision must be made within thirty days the Work properly. after the date on which the party making the demand re- 2.3.8 The Construction Manager will review all Applica- ceives the written decision. failure to demand arbitration tions for Payment by the Contractor, including final pay - within said thirty day period will result in the Architect's ment, and will assemble them with similar applications decision becoming final and binding upon the Owner from other contractors on the Project into a combined and the Contractor. If the Architect renders a decision Project Application for Payment. The Construction Man- after arbitration proceedings have been initiated, such ager will then make recommendations to the Architect decision may be entered as evidence but will not super - for certification for payment. sede any arbitration proceedings unless the decision is 2.3.9 Based on the Architect's observations, the recom- acceptable to all parties concerned. MA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • ALAS • © 1980 • THE 7 A201 /CM —1980 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE . NSW.. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates US. copyright laws and Is sublect to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 — 7 2.3.16 The Architect will have authority to reject Work 2.3.22 The duties, responsibilities and limitations of which does not conform to the Contract Documents, and authority of the Architect and the Construction Manager to require special inspection or testing, but will take such as the Owner's representatives during construction as set action only after consultation with the Construction Man- forth in the Contract Documents, will not be modified or ager. Subject to review by the Architect, the Construction extended without written consent of the Owner, the Con - Manager will have the authority to reject Work which tractor, the Architect and the Construction Manager, does not conform to the Contract Documents. Whenever, which consent shall not be unreasonably withheld. Failure in the Construction Manager's opinion, it is considered of the Contractor to respond within ten days to a written necessary or advisable for the implementation of the in- request shall constitute consent by the Contractor. tent of the Contract Documents, the Construction Man- 2.3.23 In case of the termination of the employment of ager will have authority to require special inspection or the Architect or the Construction Manager, the Owner testing of the Work in accordance with Subparagraph shall appoint an architect or a construction manager 7.7.2 whether or not such Work be then fabricated, in- against whom the Contractor makes no reasonable objec- stalled or completed. The foregoing authority of the Con- tion and whose status under the Contract Documents struction Manager will be subject to the provisions of shall be that of the former architect or construction man - Subparagraphs 2.3.10 through 2.3.16, inclusive, with re- ager, respectively. Any dispute in connection with such spect to interpretations and decisions of the Architect. appointments shall be subject to arbitration. However, neither the Architect's nor the Construction Manager's authority to act under this Subparagraph 2.3.16, ARTICLE 3 nor any decision made by them in good faith either to OWNER exercise or not to exercise such authority shall give rise to any duty or responsibility of the Architect or the Con- 3,1 DEFINITION struction Manager to the Contractor, any Subcontractor, 3.1.1 The Owner is the person or entity identified as any of their agents or employees, or any other person such in the Owner - Contractor Agreement. The term performing any of the Work. Owner means the Owner or the Owner's authorized 2.3.17 The Construction Manager will receive from the representative. Contractor and review all Shop Drawings, Product Data 3.2 INFORMATION AND SERVICES REQUIRED OF and Samples, coordinate them with information contained THE OWNER in related documents, and transmit to the Architect those recommended for approval. 3.2.1 The Owner shall, at the request of the Contractor, at the time of execution of the Owner- Contractor Agree - 2.3.18 The Architect will review and approve or take ment furnish to the Contractor reasonable evidence that other appropriate action upon the Contractor's submittals the Owner has made financial arrangements to fulfill the such as Shop Drawings, Product Data and Samples, but Owner's obligations under the Contract. Unless such only for conformance with the design concept of the reasonable evidence is furnished. the Contractor is not Work and the information given in the Contract Docu- required to execute the Owner- Contractor Agreement or ments. Such action shall be taken with reasonable prompt- to commence the Work. ness so as to cause no delay. The Architect's approval of 3.2.2 The Owner shall furnish all surveys describing the a specific item shall not indicate approval of an assembly of which the item is a component. physical characteristics, legal limitations and utility Iota- tions for the site of the Project, and a legal description of '11 2.3.19 Following consultation with the Construction the site. V, Manager, the Architect will take appropriate action on 3.2.3 Except as provided in Subparagraph 4.7.1, the Change Orders in accordance with Article 12, and will Owner shall secure and pay for necessary approvals, ease - have authority to order minor changes in the Work as ments, assessments and charges required for the construc- provided in Subparagraph 12.4.1. tion, use or occupancy of permanent structures or for 2.3.20 The Construction Manager will maintain at the permanent changes in existing facilities. Project site one record copy of all Contracts, Drawings, 3.2.4 Information or services under the Owner's control Specifications, Addenda, Change Orders and other Modi- shall be furnished by the Owner with reasonable prompt - fications pertaining to the Project. in good order and ness to avoid delay in the orderly progress of the Work. marked currently to record all changes made during construction, and approved Shop Drawings, Product 3.2.5 Unless otherwise provided in the Contract Docu- Data and Samples. These shall be available to the Archi- ments, the Contractor will be furnished, free of charge, tect and the Contractor, and shall be delivered to the all copies of Drawings and Specifications reasonably nec- Architect for the Owner upon completion of the Project. essary for the execution of the 11'ork. 2.3.21 The Construction Manager will assist the Archi- 3.2.6 The Owner shall forward all instructions to the tect in conducting inspections to determine the dates of Contractor through the Construction Manager, with simul- Substantial Completion and final completion, and will taneous notification to the Architect. receive and forward to the Owner for the Owner's review 3.2.7 The foregoing are in addition to other duties and written warranties and related documents required by the responsibilities of the Owner enumerated herein and es- Contract and assembled by the Contractor. The Architect pecially those in respect to Work By Owner or By Sepa- will issue a final Project Certificate for Payment upon rate Contractors, Payments and Completion, and Insur- compliance with the requirements of Paragraph 9.9. ante in Articles 6, 9 and 11. respectively. AIA DOCUMENT A291 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA• • ® 1980 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W . WASHINGTON. D.C. 20006 A201 /CM —1980 8 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 8 3,3 OWNER'S RIGHT TO STOP THE WORK and shall coordinate all portions of the Work under the 3.3.1 If the Contractor fails to correct defective Work as Contract, subject to the overall coordination of the Con - • required by Paragraph 13.2, or persistently fails to carry struction Manager. out the Work in accordance with the Contract Docu- 4.3.2 The Contractor shall be responsible to the Owner menu, the Owner, by a written order signed personally or for the acts and omissions of the Contractor's employees, by an agent specifically so empowered by the Owner in Subcontractors and their agents and employees, and any writing, may order the Contractor to stop the Work, or other persons performing any of the Work under a con - any portion thereof, until the cause for such order has tract with the Contractor. been eliminated; however, this right of the Owner to stop 4.3.3 The Contractor shall not be relieved from the the Work shall not give rise to any duty on the part of the Contractor's obligations to perform the Work in accord - Owner to exercise this right for the benefit of the Con- ance with the Contract Documents either by the activities tractor or any other person or entity, except to the extent or duties of the Construction Manager or the Architect required by Subparagraph 6.1.3. in their administration of the Contract, or by inspections, 14 OWNER'S RIGHT TO CARRY OUT THE WORK tests or approvals required or performed under Paragraph 7.7 by persons other than the Contractor. 3.4.1. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, 4.4 LABOR AND MATERIALS and fails within seven days after receipt of written notice 4.4.1 Unless otherwise provided in the Contract Docu- from the Owner to commence and continue correction of ments, the Contractor shall provide and pay for all labor, such default or neglect with diligence and promptness, materials, equipment, tools, construction equipment and the Owner may, after seven days following receipt by the machinery, water, heat, utilities, transportation, and other Contractor of an additional written notice and without facilities and services necessary for the proper execution prejudice to any other remedy the Owner may have, and completion of the Work, whether temporary or per - make good such deficiencies. In such case an appropriate manent and whether or not incorporated or to be incor- Change Order shall be issued deducting from the pay- porated in the Work. ments then or thereafter due the Contractor the cost of 4.4.2 The Contractor shall at all times enforce strict dis- correcting such deficiencies, including compensation for cipline and good order among the Contractor's em- the Architect's and the Construction Manager's additional ployees and shall not employ on the Work any unfit per - services made necessary by such default, neglect or fail- son or anyone not skilled in the task assigned them. ure. Such action by the Owner and the amount charged WARRANTY to the Contractor are both subject to the prior approval 4.5 of the Architect, after consultation with the Construction 4.5.1 The Contractor warrants to the Owner, the Archi- Manager. If the payments then or thereafter due the Con- tect and the Construction Manager that all materials and tractor are not sufficient to cover such amount, the Con- equipment furnished under this Contract will be new un- tractor shall pay the difference to the Owner. less otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance ARTICLE 4 with the Contract Documents. All Work not conforming CONTRACTOR to these requirements, including substitutions not prop - erly approved and authorized, may be considered defec- 4.1 DEFINITION tive. If required by the Architect or the Construction Man - 4.1.1 The Contractor is the person or entity identified as ager, the Contractor shall furnish satisfactory evidence as such in the Owner- Contractor Agreement. The term Con- to the kind and quality of materials and equipment. This tractor means the Contractor or the Contractor's author- warranty is not limited by the provisions of Paragraph ized representative. 13.2. 4.2 REVIEW OF CONTRACT DOCUMENTS 4.6 TAXES 4.2.1 The Contractor shall carefully study and compare 4.6.1 The Contractor shall pay all sales, consumer, use the Contract Documents and shall at once report to the and other similar taxes for the \,ti'ork or portions thereof Architect and the Construction Manager any error, incon- provided by the Contractor which are legally enacted at sistency or omission that may be discovered. The Con- the time bids are received, whether or not yet effective. tractor shall not be liable to the Owner, the Architect or 4 PERMITS, FEES AND NOTICES the Construction Manager for any damage resulting from 4.7.1 Unless otherwise provided in the Contract Docu any such errors, inconsistencies or omissions in the Con- ments. the Owner shall secure and pay for the building tract Documents. The Contractor shall perform no portion permit and the Contractor shall secure and pay for all of the Work at any time without Contract Documents or, other permits and governmental fees, licenses and inspec- where required, approved Shop Drawings. Product Data lions necessary for the proper execution and completion or Samples for such portion of the Work. of the Work which are customarily secured after execu- 4.3 SUPERVISION AND CONSTRUCTION tion of the Contract and which are legally required at the PROCEDURES time bids are received. 4.3.1 The Contractor shall supervise and direct the 4.7.2 The Contractor shall give all notices and comply Work. using the Contractor's best skill and attention. The with all laws, ordinances, rules, regulations and lawful Contractor shall be solely responsible for all construction orders of any public authority bearing on the perform - means, methods, techniques, sequences and procedures: ance of the Work. AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIARI • © 1980 • THE 9 A201 /CM -1980 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE . \ W WASHI NGTON, D.C. 20008, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 9 4.7.3 It is not the responsibility of the Contractor to conditions of the Work and the Project. subject to the make certain that the Contract Documents are in accord- Construction Manager's approval. ante with applicable laws, statutes, building codes and 4.11 DOCUMENTS AND SAMPLES AT THE SITE regulations. If the Contractor observes that any of the 4.11.1 The Contractor shall maintain at the Project site, Contract Documents are at variance therewith in any re- on a current basis, one record copy of all Drawings, spec[, the Contractor shall promptly notify the Architect Specifications, Addenda, Change Orders and other Modi- and the Construction Manager in i t e dg, and any Hecate fications, in good order and marked currently to record M ry changes shall be accomplished by appropriate all changes made during construction, and approved Shop Modification. Drawings, Product Data and Samples. These shall be 4.7.4 If the Contractor performs any Work knowing it available to the Architect and the Construction Manager. to be contrary to such laws, ordinances, rules and regula- The Contractor shall advise the Construction Manager on lions, and without such notice to the Architect and the a current basis of all changes in the Work made during Construction Manager, the Contractor shall assume full construction. responsibility therefor and shall bear all costs attributable 4.12 SHOP DRAWINGS, PRODUCT DATA AND thereto. SAMPLES 4.8 ALLOWANCES 4.12.1 Shop Drawings are drawings, diagrams, schedules 4.8.1 The Contractor shall include in the Contract Sum and other data specially prepared for the Work by the all allowances stated in the Contract Documents. Items Contractor or any Subcontractor, manufacturer, supplier covered by these allowances shall be supplied for such or distributor to illustrate some portion of the Work. amounts and by such persons as the Construction Man- 4.12.2 Product Data are illustrations, standard schedules, ager may direct, but the Contractor will not be required performance charts, instructions, brochures, diagrams and to employ persons against whom the Contractor makes a other information furnished by the Contractor to illustrate reasonable objection. a material, product or system for some portion of the 4.8.2 Unless otherwise provided in the Contract Docu- Work. ments: 4.12.3 Samples are physical examples which illustrate .1 these allowances shall cover the cost to the materials, equipment or workmanship, and establish Contractor, Tess any applicable trade discount, standards by which the Work will be judged. of the materials and equipment required by the 4.12.4 The Contractor shall prepare, review, approve and allowance, delivered at the site, and all appli- submit through the Construction Manager, with reason - cable taxes; able promptness and in such sequence as to cause no de- .2 the Contractor's costs for unloading and han- lay in the Work or in the work of the Owner or any sepa- dling on the site, labor, installation costs, over- rate contractor, all Shop Drawings, Product Data and head, profit and other expenses contemplated Samples required by the Contract Documents. The Con- for the original allowance shall be included in tractor shall cooperate with the Construction Manager in the Contract Sum and not in the allowance; the Construction Manager's coordination of the Contrac- .3 whenever the cost is more or less than the tor's Shop Drawings, Product Data and Samples with allowance, the Contract Sum shall be adjusted those of other separate contractors. accordingly by Change Order. the amount of 4.12.5 By preparing, approving and submitting Shop which will recognize changes, s tall any, latti on costs, han- Drawings, Product Data and Samples, the Contractor rep - v e r costs s on the site, labor, ins o resents that the Contractor has determined and verified overhead, profit and other expenses. all materials, field measurements and field construction 4.9 SUPERINTENDENT criteria related thereto, or will do so with reasonable 4.9.1 The Contractor shall employ a competent superin- promptness, and has checked and coordinated the infor- tendent and necessary assistants who shall be in attend- mation contained within such submittals ■yith the require - ance at the Project site during the progress of the Work. ments of the Work, the Project and the Contract Docu- The superintendent shall represent the Contractor and all ments. communications given to the superintendent shall be as 4.12.6 any The deviation r t rl b r of r Con- pon binding as if given to the Contractor. Important commu- Y Y from the requirements nications shall be confirmed in writing. Other communi- tract Documents by the Architect's approval of Shop cations shall be so confirmed on written request in each Drawings. Product Data or Samples under Subparagraph 2.3.18, unless the Contractor has specifically informed the case. Architect and the Construction Manager in writing of 4.10 CONTRACTOR'S CONSTRUCTION SCHEDULE such deviation at the time of submission and the Archi- 4.10.1 The Contractor, immediately after being awarded tect has given written approval to the specific deviation. the Contract, shall prepare and submit for the Construc- The Contractor shall not be relieved from responsibility tion Manager's approval a Contractor's Construction for errors or omissions in the Shop Dra..jngs, Product Schedule for the Work which shall provide for expedi- Data or Samples by the Architect's approval of them. tious and practicable execution of the Work. This sched- 4.12.7 The Contractor shall direct specific attention, in ule shall be coordinated by the Construction Manager writing or on resubmitted Shop Drawings. Product Data with the Project Construction Schedule. The Contractor's or Samples, to revisions other than those requested by the Construction Schedule shall be revised as required by the Architect on previous submittals. AIA DOCUMENT A201/CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIAC' • c 1900 • THE A201 /CM —1980 10 AMERICAN INSTITUTE OF ARCHITECTS. 1735 \CW YORK AVE .. N.y .. ASHI\GTO\ D.C. :non WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 10 `,' 4.12.8 No portion of the Work requiring submission of a 418 INDEMNIFICATION Shop Drawing, Product Data or Sample shall be com- 4.18.1 To the fullest extent permitted by law, the Con - menced until the submittal has been approved by the tractor shall indemnify and hold harmless the Owner, the Architect as provided in Subparagraph 2.3.18. All such Architect, the Construction Manag and their agents and portions of the Work shall be in accordance with ap- employees from and against all claims, damages, losses proved submittals. and expenses, including, but not limited to, attorneys' 4.13 USE OF SITE fees arising out of or resulting from the performance of 4.13.1 the Contractor shall confine operations at the site the Work, provided that any such claim, damage, loss or ea to areas permitted by law, ordinances, permits and the ease or (1) o rri attributable t to bodily injury, sickness, b pro Contract Documents, and shall not unreasonably encum- death ath, to o injury or destruction t he loss of tangible bet the site with any materials or equipment. properrti y (other than the Worrk k itself) including the use resulting therefrom, and (2) is caused in whole or in 4.13.2 The Contractor shall coordinate all of the Contrac- part by any negligent act or omission of the Contractor, tor's operations with, and secure approval from, the Con- any Subcontractor, anyone directly or indirectly employed struction Manager before using any portion of the site. by any of them or anyone for whose acts any of them 4.14 CUTTING AND PATCHING Of WORK may be liable, regardless of whether or not it is caused 4.14.1 The Contractor shall be responsible for all cutting, in part by a party indemnified hereunder. Such obligation . shall not be construed to negate, abridge or otherwise fitting 414.1 The a patching Contractor that may be responsible a for all cu the Work or to make its t may bens ( together complete y. reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described 4.14.2 The Contractor shall not damage or endanger any in this Paragraph 4.18. portion of the Work or the work of the Owner or any 4.18.2 In any and all claims against the Owner, the Archi- separate contractors by cutting, patching or otherwise sect, the Construction Manager or any of their agents or altering any work, or by excavation. The Contractor shall employees by any employee of the Contractor, any Sub - not cut or otherwise alter the work of the Owner or any contractor, anyone directly or indirectly employed by any separate contractor except with the written consent of the of them or anyone for whose acts any of them may be Owner and of such separate contractor. The Contractor liable, the indemnification obligation under this Para - shall not unreasonably withhold from the Owner or any graph 4.18 shall not be limited in any way by any limita- separate contractor consent to cutting or otherwise alter- tion on the amount or type of damages, compensation or ing the Work. benefits payable by or for the Contractor or any Sub - 4.15 CLEANING UP contractor under workers' or workmen's compensation 4.15.1 The Contractor shall at all times keep the premises acts, disability benefit acts or other employee benefit acts. free from accumulation of waste materials or rubbish 4.18.3 The obligations of the Contractor under this Para - caused by the Contractor's operations. At the completion graph 4.18 shall not extend to the liability of the Architect of the Work, the Contractor shall remove all the Contrac- or the Construction Manager, their agents or employees, tor's waste materials and rubbish from and about the arising out of (1) the preparation or approval of maps, Project as well as all the Contractor's tools, construction drawings, opinions, reports, surveys, Change Orders, de- equipment, machinery and surplus materials. signs or specifications, or (2) the giving of or the failure to 4.15.2 If the Contractor fails to clean up at the comple- give directions or instructions by the Architect or the tion of the Work, the Owner may do so as provided in Construction Manager, their agents or employees, pro - Paragraph 3.4 and the cost thereof shall be charged to the vided such giving or failure to give is the primary cause Contractor. of the injury or damage. 4.16 COMMUNICATIONS 4.16.1 The Contractor shall forward all communications ARTICLE 5 to the Owner and the Architect through the Construction SUBCONTRACTORS Manager. 5.1 DEFINITION 4.17 ROYALTIES AND PATENTS 5.1.1 A Subcontractor is a person or entity who has a 4.17.1 The Contractor shall pay all royalties and license direct contract with the Contractor to perform any of the fees. shall defend all suits or claims for infringement of %,\'ork at the site. The term Subcontractor means a Sub - any patent rights and shall save the Owner and the Con- contractor or a Subcontractor's authorized representative. struction Manager harmless from loss on account thereof, The term Subcontractor does not include any separate except that the Owner, or the Construction Manager as contractor or any separate contractor's subcontractors. the case may be, shall be responsible for all such loss 5.1.2 A Sub - subcontractor is a person or entity who has when a particular design, process or the product of a par- a direct or indirect contract with a Subcontractor to per - ticular manufacturer or manufacturers is selected by such form any of the Work at the site. The term Sub- subcon- person or such person's agent. If the Contractor. or the tractor means a Sub - subcontractor or an authorized rep - Construction Manager as the case may be, has reason to resentative thereof. believe that the design, process or product selected is an infringement of a patent, that party shall be responsible 5.2 AWARDS OF SUBCONTRACTS AND OTHER for such loss unless such information is promptly given to CONTRACTS FOR PORTIONS OF THE WORK the others and also to the Architect. 5.2.1 Unless otherwise required by the Contract Docu- AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • © 1900 • THE 11 A201 /CM —1980 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW NORK AVE , N W., \1 ASHINGTON, D C. '20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 11 ments or the Bidding Documents, the Contractor, as soon posed Subcontract which may be at variance with the as practicable after the award of the Contract, shall fur- Contract Documents. Each Subcontractor shall similarly nish to the Construction Manager in writing for review make copies of such Documents available to their Sub - by the Owner, the Architect and the Construction Man- subcontractors. ager, the names of the persons or entities (including those who are to furnish materials or equipment fabricated to ARTICLE 6 a special design) proposed for each of the principal por- WORK BY OWNER OR BY tions of the Work. The Construction Manager will SEPARATE CONTRACTORS promptly reply to the Contractor in writing stating whether or not the Owner, the Architect or the Con- 6.1 OWNER'S RIGHT TO PERFORM WORK AND TO struction Manager, after due investigation, has reasonable AWARD SEPARATE CONTRACTS objection to any such proposed person or entity. Failure 6.1.1 The Owner reserves the right to perform work re- of the Construction Manager to reply promptly shall con- fated to the Project with the Owner's own forces, and to stitute notice of no reasonable objection. award separate contracts in connection with other par- 5.2.2 The Contractor shall not contract with any such tions of the Project or other work on the site under these proposed person or entity to whom the Owner, the Ar or similar Conditions of the Contract. If the Contractor chitect or the Construction Manager has made reasonable claims that delay, damage or additional cost is involved objection under the provisions of Subparagraph 5.2.1. The because of such action by the Owner, the Contractor shall Contractor shall not be required to contract with anyone make such claim as provided elsewhere in the Contract to whom the Contractor has a reasonable objection. Documents. 5.2.3 If the Owner, the Architect or the Construction 6.1.2 When separate contracts are awarded for different Manager has reasonable objection to any such proposed portions of the Project or other work on the site, the term person or entity, the Contractor shall submit a substitute Contractor in the Contract Documents in each case shall to whom the Owner, the Architect and the Construction mean the Contractor who executes each separate Owner - Manager have no reasonable objection, and the Contract Contractor Agreement. Sum shall be increased or decreased by the difference in 6.1.3 The Owner will provide for the coordination of the cost occasioned by such substitution and an appropriate work of the Owner's own forces and of each separate Change Order shall be issued; however, no increase in contractor with the Work of the Contractor, who shall the Contract Sum shall be allowed for any such substitu- cooperate therewith as provided in Paragraph 6.2. tion unless the Contractor has acted promptly and re- sponsively in submitting names as required by Subpara- 6.2 MUTUAL RESPONSIBILITY graph 5.2.1. 6.2.1 The Contractor shall afford the Owner, the Con - 5.2.4 The Contractor shall make no substitution for any struction Manager and separate contractors reasonable Subcontractor, person or entity previously selected if the opportunity for the introduction and storage of their ma- Owner, the Architect or the Construction Manager makes terials and equipment and the execution of their work, reasonable objection to such substitution. and shall connect and coordinate the Work with theirs as required by the Contract Documents. 5.3 SUBCONTRACTUAL RELATIONS 6.2.2 If any part of the Contractor's Work depends for 5.3.1 By an appropriate agreement, written where legally proper execution or results upon the work of the Owner required for validity, the Contractor shall require each or any separate contractor, the Contractor shall, prior to Subcontractor, to the extent of the Work to be performed proceeding with the Work, promptly report to the Con - by the Subcontractor, to be bound to the Contractor by struction Manager any apparent discrepancies or defects the terms of the Contract Documents, and to assume to- in such other work that render it unsuitable for such ward the Contractor all the obligations and responsibili- proper execution and results. Failure of the Contractor so ties which the Contractor, by these Documents, assumes to report shall constitute an acceptance of the Owner's toward the Owner, the Architect and the Construction or separate contractor's work as fit and proper to receive Manager. Said agreement shall preserve and protect the the Work, except as to defects which may subsequently rights of the Owner, the Architect and the Construction become apparent in such work by others. Manager under the Contract Documents with respect to the Work to be performed by the Subcontractor so that 6.2.3 Any costs caused by defective or ill -timed work the subcontracting thereof will not prejudice such rights, shall be borne by the party responsible therefor. and shall allow to the Subcontractor, unless specifically 6.2.4 Should the Contractor wrongfully cause damage to provided otherwise in the Contractor- Subcontractor the work or property of the Owner, or to other work or Agreement, the benefit of all rights, remedies and redress property on the site, the Contractor shall promptly rem - against the Contractor that the Contractor, by these Docu- edy such damage as provided in Subparagraph 10.2.5. ments, has against the Owner. Where appropriate, the 6.2.5 Should the Contractor wrongfully delay or cause Contractor shall require each Subcontractor to enter into damage to the work or property of any separate contrac- similar agreements with their Sub- subcontractors. The tor, the Contractor shall, upon due notice, promptly at- Contractor shall make available to each proposed Sub- tempt to settle with such other contractor by agreement, contractor, prior to the execution of the Subcontract, or otherwise to resolve the dispute. If such separate con - copies of the Contract Documents to which the Subcon- tractor sues or initiates an arbitration proceeding against tractor will be bound by this Paragraph 5.3, and identify the Owner on account of any delay or damage alleged to to the Subcontractor any terms and conditions of the pro- have been caused by the Contractor, the Owner shall AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIM • @ 1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A201 /CM — 1980 12 WARNING: Unlicensed photocopying violates U.S. copyright laws and is sublsct to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 12 notify the Contractor who shall defend such proceedings 7.6.2 No action or failure to act by the Owner, the Ar- at the Owner's expense, and if any judgment or award chitect, the Construction Manager or the Contractor shall against the Owner arises therefrom, the Contractor shall constitute a waiver of any right or duty afforded any of to pay or satisfy it and shall reimburse the Owner for all them under the Contract, nor shall any such action or attorneys' fees and court or arbitration costs which the failure to act constitute an approval of or acquiescence in Owner has incurred. any breach thereunder, except as may be specifically agreed in writing. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises between the Contractor and 7.7 TESTS separate contractors as to their responsibility for cleaning 7.7.1 If the Contract Documents, laws, ordinances, rules, up as required by Paragraph 4.15, the Owner may clean regulations or orders of any public authority having juris- up and charge the cost thereof to the contractors respon- diction require any portion of the Work to be inspected, sible therefor as the Construction Manager shall deter- tested or approved, the Contractor shall give the Architect mine to be just. and the Construction Manager timely notice of its readi- ness so the Architect and the Construction Manager may ARTICLE 7 observe such inspection, testing or approval. The Con- tractor shall bear all costs of such inspections, tests or MISCELLANEOUS PROVISIONS approvals conducted by public authorities. Unless other - 7,1 GOVERNING LAW wise provided, the Owner shall bear all costs of other in- spections, tests or approvals. 7.1.1 The Contract shall be governed by the law of the 7 If the Architect or the Construction Manager deter - place where the Project is located. mines that any Work requires special inspection, testing 7.2 SUCCESSORS AND ASSIGNS or approval which Subparagraph 7.7.1 does not include, .2.1 The Owner and the Contractor, respectively, bind the Construction Manager will, upon written authoriza- 7 themselves, their partners, successors, assigns and legal tion from the Owner, instruct the Contractor to order representatives to the other party hereto and to the part- such special inspection, testing or approval, and the Con- ners, successors, assigns and legal representatives of such tractor shall give notice as provided in Subparagraph other party with respect to all covenants, agreements and 7.7.1. If such special inspection or testing reveals a failure obligations contained in the Contract Documents. Neither of the Work to comply with the requirements of the Con - party to the Contract shall assign the Contract or sublet it tract Documents, the Contractor shall bear all costs as a whole without the written consent of the other. thereof, including compensation for the Architect's and • the Construction Manager's additional services made nec- 7.3 WRITTEN NOTICE essary by such failure; otherwise the Owner shall bear 7.3.1 Written notice shall be deemed to have been duly such costs, and an appropriate Change Order shall be served if delivered in person to the individual or mem- issued. ber of the firm or entity or to an officer of the corpora- 7.7.3 Required certificates of inspection, testing or ap- tion for whom it was intended, or if delivered at or sent proval shall be secured by the Contractor and the Con - by registered or certified mail to the last business address tractor shall promptly deliver them to the Construction 40, known to the party giving the notice. Manager for transmittal to the Architect. 7.7.4 If the Architect or the Construction Manager wishes 7.4 CLAIMS FOR DAMAGES to observe the inspections, tests or approvals required by 7.4.1 Should either party to the Contract suffer injury or the Contract Documents, they will do so promptly and, damage to person or property because of any act or omis- where practicable, at the source of supply. sion of the other party or of any of the other party's 7.8 INTEREST employees, agents or others for whose acts such party is legally liable, claim shall be made in writing to such 7.8.1 Payments due and unpaid under the Contract Doc - other party within a reasonable time after the first observ- uments shall bear interest from the date payment is due ance of such injury or damage. at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing at the 7.5 PERFORMANCE BOND AND LABOR AND place of the Project. MATERIAL PAYMENT BOND 7.5.1 The Owner shall have the right to require the 7.9 ARBITRATION Contractor to furnish bonds covering the faithful perform- 7.9.1 All claims, disputes and other matters in question ance of the Contract and the payment of all obligations between the Contractor and the Owner arising out of or arising thereunder if and as required in the Bidding Doc- relating to the Contract Documents or the breach thereof, uments or the Contract Documents. except as provided in Subparagraph 2.3.14 with respect to the Architect's decisions on matters relating to artistic 7.6 RIGHTS AND REMEDIES effect. and except for claims which have been waived by 7.6.1 The duties and obligations imposed by the Con- the making or acceptance of final payment as provided tract Documents and the rights and remedies available by Subparagraphs 9.9.4 through 9.9.6, inclusive. shall be thereunder shall be in addition to, and not a limitation of, decided by arbitration in accordance with the Construc- am• duties, obligations, rights and remedies otherwise im- tion Industry .Arbitration Rules of the American Arbitra- posed or available by law. tion Association then obtaining unless the parties mutually MA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIAe' • C 1980 • THE 13 A201 /CM —1980 AVE RICAN INSTITUTE OF ARCHITECTS 1 NEW YORK :AYE . \.Ay_ WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 13 agree otherwise. No arbitration arising out of or relating accordance with the Contract Documents, so that the to the Contract Documents shall include, by consolida- Owner or separate contractors can occupy or utilize the tion, joinder or in any other manner, the Architect, the Work or a designated portion thereof fOr the use for Construction Manager, their employees or consultants which it is intended. except by written consent containing a specific reference 8.1.4 The Date of Substantial Completion of the Project to the Owner- Contractor Agreement and signed by the or designated portion thereof is the Date certified by the Architect, the Construction Manager, the Owner, the Architect when construction is sufficiently complete so Contractor and any other person sought to be joined. No the Owner can occupy or utilize the Project or designated arbitration shall include by consolidation, joinder or in portion thereof for the use for which it was intended. any other manner, parties other than the Owner, the 8.13 The term day as used in the Contract Documents Contractor and any other persons substantially involved shall mean calendar day unless specifically designated in a common question of fact or law, whose presence is otherwise. required if complete relief is to be accorded in the arbi- tration. No person other than the Owner or the Contrac- 8.2 PROGRESS AND COMPLETION tor shall be included as an original third party or addi- 8.2.1 All time limits stated in the Contract Documents tional third party to an arbitration whose interest or re- are of the essence of the Contract. . sponsibility is insubstantial. Any consent to arbitration 8.2.2 The Contractor shall begin the Work on the date involving an additional person or persons shall not con- of commencement as defined in Subparagraph 8.1.2. The stitute consent to arbitration of any dispute not described Contractor shall carry the Work forward expeditiously therein or with any person not named or described with adequate forces and shall achieve Substantial Com- therein. The foregoing agreement to arbitrate and any pletion of the Work within the Contract Time. other agreement to arbitrate with an additional person or persons duly consented to by the parties to the Owner- 8.3 DELAYS AND EXTENSIONS OF TIME Contractor Agreement shall be specifically enforceable 8.3.1 If the Contractor is delayed at any time in the under the prevailing arbitration law. The award rendered progress of the Work by any act or neglect of the Owner, by the arbitrators shall be final, and judgment may be en- the Architect, the Construction Manager, any of their em- tered upon it in accordance with applicable law in any ployees, any separate contractor employed by the Owner, court having jurisdiction thereof. or by changes ordered in the Work, labor disputes, fire, 7.9.2 Notice of the demand for arbitration shall be filed unusual delay in transportation, adverse weather condi- in writing with the other party to the Owner- Contractor lions not reasonably anticipatable, unavoidable casualties, Agreement and with the American Arbitration Associa- any causes beyond the Contractor's control, delay author - tion, and a copy shall be filed with the Architect and the ized by the Owner pending arbitration, or by any other Construction Manager. The demand for arbitration shall cause which the Construction Manager determines may be made within the time limits specified in Subparagraph justify the delay, then the Contract Time shall be ex- 2.3.15 where applicable, and in all other cases within a tended by Change Order for such reasonable time as the reasonable time after the claim, dispute or other matter Construction Manager may determine. in question has arisen; and in no event shall it be made 8.3.2 Any claim for extension of time shall be made in after the date when institution of legal or equitable pro- writing to the Construction Manager not more than ceedings based on such claim, dispute or other matter in twenty days after the commencement of the delay; other - question would be barred by the applicable statute of wise it shall be waived. In the case of a continuing delay limitations. only one claim is necessary. The Contractor shall provide 7.9.3 Unless otherwise agreed in writing, the Contractor an estimate of the probable effect of such delay on the shall carry on the Work and maintain its progress during progress of the Work. any arbitration proceedings, and the Owner shall con- 8 3 3 If no agreement is made stating the dates upon tinue to make payments to the Contractor in accordance which interpretations as provided in Subparagraph 2.3.11 with the Contract Documents. shall be furnished. then no claim for delay shall be ARTICLE 8 allowed on account of failure to furnish such interpreta- tions until fifteen days after written request is made for TIME them. and not then unless such claim is reasonable. 8.1 DEFINITIONS 8.3.4 This Paragraph 8.3 does not exclude the recovery 8.1.1 Unless otherwise provided. the Contract Time is of damages for delay by either party under other provi- the period of time allotted in the Contract Documents for lions of the Contract Documents. Substantial Completion of the Work as defined in Sub- paragraph 8.1.3, including authorized adjustments thereto. ARTICLE 9 8.1.2 The date of commencement of the Work is the PAYMENTS AND COMPLETION date established in a notice to proceed. If there is no no- tice to proceed, it shall be such other date as may be 9.1 CONTRACT SUM established in the Owner - Contractor Agreement or else- 9.1.1 The Contract Sum is stated in the Owner- Contrac- where in the Contract Documents. tor Agreement and, including authorized adjustments 8.1.3 The Date of Substantial Completion of the Work thereto, is the total amount payable by the Owner to the or designated portion thereof is the Date certified by the Contractor for the performance of the Work under the Architect when construction is sufficiently complete. in Contract Documents. AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIAL • © 1980 • THE A201 /CM —1980 14 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE .. N 1% ASHINGTON. D.C. 2 WARNING: Uriticensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 14 9.2 SCHEDULE OF VALUES the reasons for withholding a Certificate as provided in 9.2.1 Before the first Application for Payment, the Con- Subparagraph 9.6.1. Such notification will be forwarded tractor shall submit to the Construction Manager a to the Contractor by the Construction Manager. schedule of values allocated to the various portions of the 9.4.2 The issuance of a Project Certificate for Payment Work, prepared in such form and supported by such data will constitute a representation by the Architect to the to substantiate its accuracy as the Architect and the Con- Owner that, based on the Architect's observations at the struction Manager may require. This schedule, unless site as provided in Subparagraph 2.3.4 and the data com - objected to by the Construction Manager or the Architect, prising the Project Application for Payment, the Work has shall be used only as a basis for the Contractor's Applica- progressed to the point indicated; that, to the best of the tions for Payment. Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Docu- 93 APPLICATIONS FOR PAYMENT ments (subject to an evaluation of the Work for conform - 9.3.1 At least fifteen days before the date for each ance with the Contract Documents upon Substantial progress payment established in the Owner- Contractor Completion of the Work, to the results of any subsequent Agreement, the Contractor shall submit to the Construc- tests required by or performed under the Contract Docu- tion Manager an itemized Application for Payment, notar- ments, to minor deviations from the Contract Documents ized if required, supported by such data substantiating correctable prior to completion, and to any specific quali- the Contractor's right to payment as the Owner, the Ar fications stated in the Certificate); and that the Contrac- chitect or the Construction Manager may require, and re- tor is entitled to payment in the amount certified. How - flecting retainage, if any, as provided elsewhere in the ever, by issuing a Project Certificate for Payment, the Ar- Contract Documents. The Construction Manager will as- chitect shall not thereby be deemed to represent that the semble the Application with similar applications from Architect has made exhaustive or continuous on -site in- other contractors on the Project into a combined Project spections to check the quality or quantity of the Work, Application for Payment and forward it with recommen- has reviewed the construction means, methods, tech - dations to the Architect within seven days. niques, sequences or procedures, or has made any exam - 9.3.2 Unless otherwise provided in the Contract Docu- ination to ascertain how or for what purpose the Contrac- ments, payments will be made on account of materials or tor has used the monies previously paid on account of the equipment not incorporated in the Work but delivered Contract Sum. and suitably stored at the site and, if approved in advance 9 PROGRESS PAYMENTS by the Owner, payments may similarly be made for mate- g 5.1 After the Architect has issued a Project Certificate vials or equipment suitably stored at some other Iota- for Payment, the Owner shall make payment in the man - tion agreed upon in writing. Payments for materials or ner and - within the time provided in the Contract Docu- equipment stored on or off the site shall be conditioned ments. upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to estab- 9.5.2 The Contractor shall promptly pay each Subcon- lish the Owner's title to such materials or equipment or tractor upon receipt of payment from the Owner, out of otherwise protect the Owner's interest, including applica- the amount paid to the Contractor on account of such I ble insurance and transportation to the site for those Subcontractor's Work, the amount to which said Subcon- materials and equipment stored off the site. tractor is entitled, reflecting the percentage actually re 9.3.3 The Contractor warrants that title to all Work, rained, if any, from payments to the Contractor on ac materials and equipment covered by an Application for count of such Subcontractor's Work. The Contractor shall, Payment will pass to the Owner either by incorporation by an appropriate agreement with each Subcontractor, in the construction or upon receipt of payment by the require each Subcontractor to make payments to their Contractor, whichever occurs first, free and clear of all Sub subcontractors in similar manner. liens, claims, security interests or encumbrances, herein- 9.5.3 The Architect may, on request and at the Archi- after referred to in this Article 9 as "liens "; and that no tect's discretion, furnish to any Subcontractor, if prac- Work, materials or equipment covered by an Application ticable, information regarding the percentages of com - for Payment will have been acquired by the Contractor, pletion or the amounts applied for b‘ the Contractor and or by any other person performing Work at the site or the action taken thereon by the Architect on account of furnishing materials and equipment for the Project, sub- Work done by such Subcontractor. ject to an agreement under which an interest therein or 9.5.4 Neither the Owner, the Architect nor the Construc- an encumbrance thereon is retained by the seller or oth- tion Manager shall have any obligation to pay or to see to erwise imposed by the Contractor or such other person. the payment of any monies to any Subcontractor except as may otherwise be required b. law. 9.4 CERTIFICATES FOR PAYMENT 9.53 No certification of a progress payment, any prog- 9.4.1 The Architect will, within seven days after the re- ress payment, or any partial or entire use or occupancy ceipt of the Project Application for Payment with the rec- of the Project by the Owner. shall constitute an accept - ommendations of the Construction Manager, review the ance of any Work not in accordance with the Contract Project Application for Payment and either issue a Project Documents. Certificate for Payment to the Owner with a copy to the PAYMENTS WITHHELD Construction Manager for distribution to the Contractor 9 . 6 for such amounts as the Architect determines are prop 9.6.1 The Architect, follo.ving consultation with the erly due, or notify the Construction Manager in writing of Construction Manager, may decline to certify payment AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIAe • © 1980 • THE 15 A201 /CM —1980 A.7ERIC.A\ INSTITUTE OF ARCHITECTS. 1735 NEM' YORK ME . N M' , WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 15 and may withhold the Certificate in whole or in part to not alter the responsibility of the Contractor to complete the extent necessary to reasonably protect the Owner, if, all Work in accordance with the Contract Documents. in the Architect's opinion, the Architect is unable to make When the Architect, on the basis of inspection and con - representations to the Owner as provided in Subpara- sultation with the Construction Manager. determines that graph 9.4.2. If the Architect is unable to make representa- the Work or designated portion thereof is substantially tions to the Owner as provided in Subparagraph 9.4.2, complete, the Architect will then prepare a Certificate of and to certify payment in the amount of the Project Ap- Substantial Completion of the Work which shall establish plication, the Architect will notify the Construction Man- the Date of Substantial Completion of the Work, shall ager as provided in Subparagraph 9.4.1. If the Contractor state the responsibilities of the Owner and the Contractor and the Architect cannot agree on a revised amount, the for security, maintenance, heat, utilities. damage to the Architect will promptly issue a Project Certificate for Pay- Work and insurance, and shall fix the time within which ment for the amount for which the Architect is able to the Contractor shall complete the items listed therein. make such representations to the Owner. The Architect The Certificate of Substantial Completion of the Work may also decline to certify payment or, because of subse- shall be submitted to the Owner and the Contractor for quently discovered evidence or subsequent observations, their written acceptance of the responsibilities assigned to the Architect may nullify the whole or any part of any them in such Certificate. Project Certificate for Payment previously issued to such 9.8.2 Upon Substantial Completion of the Work or desig- extent as may be necessary, in the Architect's opinion, to nated portion thereof, and upon application by the Con - protect the Owner from Toss because of: tractor and certification by the Architect. the Owner shall .1 defective Work not remedied; make payment, reflecting adjustment in retainage, if any, .2 third party claims filed or reasonable evidence in- for such Work or portion thereof as provided in the Con - dicating probable filing of such claims; tract Documents. .3 failure of the Contractor to make payments prop- 9.8.3 When the Architect, on the basis of inspections, erly to Subcontractors, or for labor, materials or determines that the Project or designated portion thereof is substantially complete, the Architect will then prepare equipment; a Certificate of Substantial Completion of the Project .4 reasonable evidence that the Work cannot be tom- which shall establish the Date of Substantial Completion pleted for the unpaid balance of the Contract Sum; of the Project and fix the time within which the Contrac- .5 damage to the Owner or another contractor; tor shall complete any uncompleted items on the Certif- .6 reasonable evidence that the Work will not be icate of Substantial Completion of the Work. completed within the Contract Time; or 9.8.4 Warranties required by the Contract Documents .7 persistent failure to carry out the Work in accord- shall commence on the Date of Substantial Completion of ante with the Contract Documents. the Project or designated portion thereof unless other - 9.6.2 When the grounds in Subparagraph 9.6.1 above wise provided in the Certificate of Substantial Comple- are removed, payment shall be made for amounts with- Lion of the Work or designated portion thereof. held because of them. 9.9 FINAL COMPLETION AND FINAL PAYMENT 91 FAILURE OF PAYMENT 9.9.1 Following the Architect's issuance of the Certificate 9.7.1 If the Construction Manager should fail to issue of Substantial Completion of the Work or designated por- recommendations within seven days of receipt of the tion thereof, and the Contractor's completion of the Contractor's Application for Payment, or if, through no Work, the Contractor shall forward to the Construction fault of the Contractor, the Architect does not issue a Manager a written notice that the Work is ready for final Project Certificate for Payment within seven days after inspection and acceptance, and shall also forward to the the Architect's receipt of the Project Application for Pay- Construction Manager a final Application for Payment. ment, or if the Owner does not pay the Contractor within Upon receipt, the Construction Manager will make the seven days after the date established in the Contract Doc- necessary evaluations and forward recommendations to uments any amount certified by the Architect or awarded the Architect who will promptly make such inspection. by arbitration, then the Contractor may, upon seven addi- When the Architect finds the Work acceptable under tional days' written notice to the Owner. the Architect the Contract Documents and the Contract fully per - and the Construction Manager, stop the Work until pay- formed, the Architect will issue a Project Certificate for ment of the amount owing has been received. The Con- Payment which will approve the final payment due the tract Sum shall be increased by the amount of the Con- Contractor. This approval will constitute a representation tractor's reasonable costs of shut -down, delay and start- that, to the best of the Architect's knowledge, informa- up, which shall be effected by appropriate Change Order tion and belief, and on the basis of observations and in- in accordance with Paragraph 12.3. spections, the Work has been completed in accordance with the Terms and Conditions of the Contract Docu- 9.8 SUBSTANTIAL COMPLETION ments and that the entire balance found to be due the 9.8.1 When the Contractor considers that the Work, or a Contractor, and noted in said Certificate. is due and pay - designated portion thereof which is acceptable to the able. The Architect's approval of said Project Certificate Owner, is substantially complete as defined in Subpara- for Payment will constitute a further representation that graph 8.1.3, the Contractor shall prepare for the Construc- the conditions precedent to the Contractor's being en- tion Manager a list of items to be completed or cor- titled to final payment as set forth in Subparagraph 9.9.2 rected. The failure to include any items on such list does have been fulfilled. AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA' • ©1980 • THE A201 /CM —1980 16 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright Taws and Is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 16 9.9.2 Neither the final payment nor the remaining retain- ARTICLE 10 age shall become due until the Contractor submits to the PROTECTION OF PERSONS AND PROPERTY Architect, through the Construction Manager, (1) an affi- davit that all payrolls, bills for materials and equipment, 10.1 SAFETY PRECAUTIONS AND PROGRAMS and other indebtedness connected with the Work for 10.1.1 The Contractor shall be responsible for initiating, which the Owner or the Owner's property might in any maintaining and supervising all safety precautions and way be responsible, have been paid or otherwise satis- programs in connection with the Work. fied, (2) consent of surety, if any, to final payment, and 13) if required by the Owner, other data establishing pay- 10.2 SAFETY OF PERSONS AND PROPERTY ment or satisfaction of all such obligations, such as re- 10.2.1 The Contractor shall take all reasonable precau- ceipts, releases and waivers of liens arising out of the Lions for the safety of, and shall provide all reasonable Contract, to the extent and in such form as may be desig- protection to prevent damage, injury or loss to: nated by the Owner. If any Subcontractor refuses to fur- .1 all employees on the Work and all other persons nish a release or waiver required by the Owner, the Con- who may be affected thereby; tractor may furnish a bond satisfactory to the Owner to .2 all the Work and all materials and equipment to indemnify the Owner against any such lien. If any such be incorporated therein, whether in storage on or lien remains unsatisfied after all payments are made, the off the site, under the care, custody or control of Contractor shall refund to the Owner all monies that the the Contractor or any of the Contractor's Subcon- latter may be compelled to pay in discharging such lien, tractors or Sub - subcontractors; including all costs and reasonable attorneys' fees. .3 other property at the site or adjacent thereto, in- 9.9.3 If, after Substantial Completion of the Work, final cluding trees, shrubs, lawns, walks, pavements, completion thereof is materially delayed through no fault roadways, structures and utilities not designated of the Contractor or by the issuance of Change Orders for removal, relocation or replacement in the affecting final completion, and the Construction Manager course of construction; and so confirms, the Owner shall, upon application by the .4 the work of the Owner or other separate contrac- Contractor and certification by the Architect and without tors. terminating the Contract, make payment of the balance 10.2.2 The Contractor shall give all notices and comply due for that portion of the Work fully completed and with all applicable laws, ordinances, rules, regulations accepted. If the remaining balance for Work not fully and lawful orders of any public authority bearing on the completed or corrected is less than the retainage stipu- safety of lated in the Contract Documents, and if bonds have been y persons or property or their protection from furnished as provided in Paragraph 7.5, the written con- damage, injury or loss. sent of the surety to the payment of the balance due for 10.2.3 The Contractor shall erect and maintain, as re- that portion of the Work fully completed and accepted quired by existing conditions and the progress of the shall be submitted by the Contractor to the Construction Work, all reasonable safeguards for safety and protection, Manager prior to certification of such payment. Such pay- including posting danger signs and other warnings against ment shall be made under the Terms and Conditions gov- hazards, promulgating safety regulations and notifying erning final payments, except that it shall not constitute a owners and users of adjacent utilities. waiver of claims. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the 9.9.4 The making of final payment shall, after the Date execution of the Work, the Contractor shall exercise the of Substantial Completion of the Project, constitute a utmost care and shall carry on such activities under the waiver of all claims by the Owner except those arising supervision of properly qualified personnel. from: 10.2.5 The Contractor shall promptly remedy all damage .1 unsettled hens; or loss (other than damage or loss insured under Para - .2 faulty or defective Work appearing after Substan- graph 11.3) to any property referred to in Clauses 10.2.1.2 tial Completion of the Work; and 10.2.1.3 caused in whole or in part by the Contrac- .3 failure of the Work to comply with the require- tor, any Subcontractor, any Sub - subcontractor, anyone di- ments of the Contract Documents; or rectly or indirectly employed by any of them, or by any - 4 terms of any special warranties required by the one for whose acts any of them may be liable, and for Contract Documents. which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to the - 9.9.5 The acceptance of final payment shall, after the acts or omissions of the Owner. the Architect, the Con - Date of Substantial Completion of the Project, constitute struction Manager or anyone directly or indirectly em- a waiver of all claims by the Contractor except those ployed by any of them, or by anyone for whose acts any previously made in writing and identified by the Contrac- of them may be liable, and not attributable to the fault tor as unsettled at the time of the final Application for or negligence of the Contractor. The foregoing obliga- Payment. lions of the Contractor are in addition to the Contractor's 9.9.6 All provisions of this Agreement. including with- obligations under Paragraph 4.18. out limitation those establishing obligations and proce- 10.2.6 The Contractor shall designate a responsible dures, shall remain in full force and effect notwithstand- member of the Contractor's organization at the site ing the making or acceptance of final payment prior to whose duty shall be the prevention of accidents. This the Date of Substantial Completion of the Project. person shall be the Contractor's superintendent unless AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA • © 1980 • THE 17 A201 /CM —1980 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE . N W WASHINGTON. D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. cor 09/17/93 GENERAL CONDITIONS 00750 - 17 otherwise designated by the Contractor in writing to the 11.2 OWNER'S LIABILITY INSURANCE Owner and the Construction Manager. 11.2.1 The Owner shall be responsible for purchasing 10.2.7 The Contractor shall not load or permit any part and maintaining Owner's liability insurance and, at the of the Work to be loaded so as to endanger its safety. Owner's option, may purchase and maintain insurance for protection against claims which may arise from 10.3 EMERGENCIES operations under the Contract. 10.3.1 In any emergency affecting the safety of persons PROPERTY INSURANCE or property the Contractor shall act, at the Contractor's 11.3 discretion, to prevent threatened damage, injury or loss. 11.3.1 Unless otherwise provided, the Owner shall pur- Any additional compensation or extension of time chase and maintain property insurance upon the entire claimed by the Contractor on account of emergency Work at the site to the full insurable value thereof. This work shall be determined as provided in Article 12 for insurance shall include the interests of the Owner, the Changes in the Work. Construction Manager, the Contractor, Subcontractors and Sub - subcontractors in the Work, and shall insure against the perils of fire and extended coverage and shall ARTICLE 11 include "all risk" insurance for physical loss or damage INSURANCE including, without duplication of coverage, theft, van- dalism and malicious mischief. If the Owner does not 11.1 CONTRACTOR'S LIABILITY INSURANCE intend to purchase such insurance for the full insurable 11.1.1 The Contractor shall purchase and maintain insur- value of the entire Work, the Owner shall inform the ante for protection from the claims set forth below which Contractor in writing prior to commencement of the may arise out of or result from the Contractor's opera- Work. The Contractor may then effect insurance which Lions under the Contract, whether such operations be by will protect the interests of the Contractor, the Contrac- the Contractor or by any Subcontractor, or by anyone di- tor's Subcontractors and the Sub- subcontractors in the rectly or indirectly employed by any of them, or by any- Work, and by appropriate Change Order the cost thereof one for whose acts any of them may be liable: shall be charged to the Owner. If the Contractor is dam - .1 claims under workers' or workmen's compensa- aged by failure of the Owner to purchase or maintain lion, disability benefit and other similar employee such insurance and to so notify the Contractor, then the benefit acts; Owner shall bear all reasonable costs properly attributa- .2 claims for damages because of bodily injury, occu- ble thereto. If not covered under the all risk insurance . pational sickness or disease, or death of the Con- or otherwise provided in the Contract Documents, the tractor's employees; Contractor shall effect and maintain similar property in- 3 claims for damages because of bodily injury, sick- surance on portions of the Work stored off the site or in Hess or disease, or death of any person other than transit when such portions of the Work are to be in- cluded in an Application for Payment under Subpara- the Contractor's employees; graph 9.3.2. .4 claims for damages insured by usual personal person in- e 11.3.2 The Owner shall purchase and maintain such any p jury liability coverage a result ult of which are an offense directly or boiler and machinery insurance as may be required by ir (1) by indirectly related to the employment of such per- the Contract Documents or by law. This insurance shall son by the Contractor, or (2) by any other person; include the interests of the Owner, the Construction Man - .5 claims for damages, other than to the Work itself, ager, the Contractor, Subcontractors and Sub- subcontrac- because of injury to or destruction of tangible tors in the Work. property, including loss of use resulting therefrom; 11.3.3 Any loss insured under Subparagraph 11.3.1 is to and be adjusted with the Owner and made payable to the .6 claims for damages because of bodily injury or Owner as trustee for the insureds, as their interests may death of any person or property damage arising appear, subject to the requirements of any applicable out of the ownership, maintenance or use of any mortgagee clause and of Subparagraph 11.3.8. The Con - motor vehicle. tractor shall pay each Subcontractor a just share of any 11.1.2 The insurance required by Subparagraph 11.1.1 insurance monies received by the Contractor, and by ap- shall be written for not less than any limits of liability propriate agreement, written where legally required for specified in the Contract Documents or required by law, validity. shall require each Subcontractor to make pay - whichever is greater. ments In their Sub- subcontractors in similar manner. 11.1.3 The insurance required by Subparagraph 11.1.1 11.3.4 The Owner shall file a copy of all policies with shall include contractual liability insurance applicable to the Contractor before an exposure to loss may occur. the Contractor's obligations under Paragraph 4.18. 11.3.5 if the Contractor requests in writing that insur- s Cermitt ed to the Ids of Insurance acceptable Manager for trans- Owner ante for risks other than those described in Subpara- mitt 1 submitted oc ement of the Worrkk graphs 11.3.1 and 11.3.2, or other special hazards, be These t Certificates the Owner prio r o Construction provision that coverages I nca ded in the property insurance policy, the Owner afforrded d under t he policies will l noot f b bee cancceeled d unntil til at shall, if possible. contain ossible. include such insurance, and the cost the conn tain ma p a least thirty days' prior written notice has been given to thereof shall be charged to the Contractor by appropriate the Owner. Change Order. AIA DOCUMENT A701/CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION AMERICAN INSTITUTE OF E CTS, 1735 NEW YORKOA E.. N V..WASHINGTON, o.C. ' -0076 A201 /CM — 1980 18 WARNING: Unlicensed photocopying violates U.S. copyright laws end Is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 — 18 11.3.6 The Owner and the Contractor waive all rights ARTICLE 12 against (1) each other and the Subcontractors, Sub -sub- CHANGES IN THE WORK contractors, agents and employees of each other, and (2) the Architect, the Construction Manager and separate con- 12.1 CHANGE ORDERS tractors, if any, and their subcontractors, sub subcontrac- 12.1.1 A Change Order is a written order to the Con - tors, agents and employees, for damages caused by fire or tractor signed to show the recommendation of the Con - other perils to the extent covered by insurance obtained struction Manager, the approval of the Architect and the pursuant to this Paragraph 11.3 or any other property in- authorization of the Owner, issued after execution of the surance applicable to the Work, except such rights as Contract, authorizing a change in the Work or an adjust - they may have to the proceeds of such insurance held ment in the Contract Sum or the Contract Time. The by the Owner as trustee. The foregoing waiver afforded Contract Sum and the Contract Time may be changed the Architect, the Construction Manager, their agents and only by Change Order. A Change Order signed by the employees shall not extend to the liability imposed by Contractor indicates the Contractor's agreement there - Subparagraph 4.18.3. The Owner or the Contractor, as with, including the adjustment in the Contract Sum or appropriate, shall require of the Architect, the Construc- the Contract Time. tion Manager, separate contractors, Subcontractors and 12.1.2 The Owner, \without invalidating the Contract, Sub - subcontractors by appropriate agreements, written may order changes in the Work within the general scope where legally required for validity, similar waivers each of the Contract consisting of additions, deletions or other in favor of all other parties enumerated in this Sub- revisions, the Contract Sum and the Contract Time being paragraph 11.3.6. adjusted accordingly. All such changes in the Work shall 11.3.7 If required in writing by any party in interest, the be authorized by Change Order, and shall be performed Owner as trustee shall, upon the occurrence of an in- under the applicable conditions of the Contract Docu- sured loss, give bond for the proper performance of the ments. Owner's duties. The Owner shall deposit in a separate 12.1.3 The cost or credit to the Owner resulting from a account any money so received, and shall distribute it in change in the Work shall be determined in one or more accordance with such agreement as the parties in interest of the following ways: may reach, or in accordance with an award by arbitration by mutual acceptance lump itemized and supported in which case the procedure shall be as provided in Para- .1 by t Ca a ump ump sum su m properly pro graph 7.9. If after such loss no other special agreement data and s rteed of b y a is made, replacement of damaged Work shall be covered by an appropriate Change Order. .2 by unit prices stated in the Contract Documents or subsequently agreed upon; 11.3.8 The Owner, as trustee, shall have power to adjust .3 by cost to be determined in a manner agreed upon and settle any loss with the insurers unless one of the by the parties and a mutually acceptable fixed or parties in interest shall object, in writing within five days percentage fee; or after the occurrence of loss, to the Owner's exercise of this power, and if such objection be made, arbitrators .4 by the method provided in Subparagraph 12.1.4. shall be chosen as provided in Paragraph 7.9. The Owner 12.1.4 If none of the methods set forth in Clauses as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbi- 12.1.3.1, 12.1.3.2 or 12.1.3.3 is agreed upon, the Contrac- tor, provided a written order signed by the Owner is re- trators. If distribution of the insurance proceeds by arbi- ceived, shall promptly proceed with the Work involved. tration is required, the arbitrators will direct such dis- The cost of such Work shall then be determined by the tribution. Architect, after consultation with the Construction Man - 11.3.9 If the Owner finds it necessary to occupy or use ager, on the basis of the reasonable expenditures and a portion or portions of the Work prior to Substantial savings of those performing the Work attributable to the Completion thereof, such occupancy shall not commence change, including, in the case of an increase in the Con - prior to a time mutually agreed to by the Owner and the tract Sum, a reasonable allowance for overhead and Contractor and to which the insurance company or com- profit. In such case, and also under Clauses 12.1.3.3 and panies providing the property insurance have consented 12.1.3.4 above. the Contractor shall keep and present, in by endorsement to the policy or policies. This insurance such form as the Owner, the Architect or the Construc- shall not be canceled or lapsed on account of such partial tion Manager may prescribe, an itemized accounting to- occupancy. Consent of the Contractor and of the insur- gether with appropriate supporting data for inclusion in ante company or companies to such occupancy or use a Change Order. Unless otherwise provided in the Con - shall not be unreasonably withheld. tract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; 11.4 LOSS OF USE INSURANCE cost of labor, including social security, old age and 11.4.1 The Owner, at the Owner's option, may purchase unemployment insurance, and fringe benefits required by and maintain insurance for protection against loss of use agreement or custom; workers' or workmen's compensa- of the Owner's property due to fire or other hazards, tion insurance; bond premiums; rental value of equip - however caused. The Owner waives all rights of action ment and machinery; and the additional costs of super - against the Contractor for loss of use of the Owner's vision and field office personnel directly attributable to property, including consequential losses due to fire or the change. Pending final determination of cost to the other hazards however caused, to the extent covered by Owner, payments on account shall be made on the Ar- insurance under this Paragraph 11.4. chitect's approval of a Project Certificate for Payment. AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • © 1980 • THE 19 A201 /CM —1980 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright taws and Is subfect to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 19 The amount of credit to be allowed by the Contractor to Contract Sum or extension of the Contract Time and not the Owner for any deletion or change which results in a inconsistent with the intent of the Contract Documents. net decrease in the Contract Sum will be the amount of Such changes shall be effected by written order issued the actual net cost as confirmed by the Architect after through the Construction Manager, and shall be binding consultation with the Construction Manager. When both on the Owner and the Contractor. The Contractor shall additions and credits covering related Work or substitu- carry out such written orders promptly. tions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the ARTICLE 13 net increase, if any, with respect to that change. UNCOVERING AND CORRECTION OF WORK 12.1.5 If unit prices are stated in the Contract Docu- UNCOVERING OF WORK ments or subsequently agreed upon, and if the quantities 13.1 originally contemplated are so changed in a proposed 13.1.1 If any portion of the Work should be covered Change Order that application of the agreed unit prices contrary to the request of the Architect or the Construc- to the quantities of Work proposed will cause substantial tion Manager, or to requirements specifically expressed in inequity to the Owner or the Contractor, the applicable the Contract Documents, it must, if required in writing by unit prices shall be equitably adjusted. either, be uncovered for their observation and shall be replaced at the Contractor's expense. 12.2 CONCEALED CONDITIONS 13.1.2 If any other portion of the Work has been cov- 12.2.1 Should concealed conditions encountered in the ered which the Architect or the Construction Manager performance of the Work below the surface of the ground has not specifically requested to observe prior to its being or should concealed or unknown conditions in an existing covered, either may request to see such Work and it shall structure be at variance with the conditions indicated by be uncovered by the Contractor. If such Work be found the Contract Documents, or should unknown physical in accordance with the Contract Documents, the cost of conditions below the surface of the ground or should uncovering and replacement shall, by appropriate Change concealed or unknown conditions in an existing strut- Order, be charged to the Owner. If such Work be found ture of an unusual nature, differing materially from those not in accordance with the Contract Documents, the ordinarily encountered and generally recognized as in- Contractor shall pay such costs unless it be found that herent in work of the character provided for in this Con- this condition was caused by the Owner or a separate tract, be encountered, the Contract Sum shall be equita- contractor as provided in Article 6, in which event the bly adjusted by Change Order upon claim by either party Owner shall be responsible for the payment of such costs. made within twenty days after the first observance of the conditions. 13.2 CORRECTION OF WORK 12.3 CLAIMS FOR ADDITIONAL COST 13.2.1 The Contractor shall promptly correct all Work rejected by the Architect or the Construction Manager as 12.3.1 If the Contractor wishes to make a claim for an defective or as failing to conform to the Contract Docu- increase in the Contract Sum, the Contractor shall give ments whether observed before or after Substantial Com- the Architect and the Construction Manager written no- pletion of the Project and whether or not fabricated, in- tice thereof within twenty days after the occurrence of stalled or completed. The Contractor shall bear all costs the event giving rise to such claim. This notice shall be of correcting such rejected Work, including compensa- given by the Contractor before proceeding to execute the tion for the Architect's and the Construction Manager's Work, except in an emergency endangering life or prop- additional services made necessary thereby. erty in which case the Contractor shall proceed in ac- 13 2 2 If, within one year after the Date of Substantial cordance with Paragraph 10.3. No such claim shall be Completion of the Project or designated portion thereof, valid unless so made. If the Owner and the Contractor or within one year after acceptance by the Owner of cannot agree on the amount of the adjustment in the designated equipment, or within such longer period of Contract Sum, it shall be determined by the Architect after consultation with the Construction Manager. Any time as may be prescribed by law or by the terms of any change in the Contract Sum resulting from such claim applicable special warranty required by the Contract Docu- shall be authorized by Change Order. ments, any of the Work is found to be defective or not in accordance with the Contract Documents. the Contractor 12.3.2 If the Contractor claims that additional cost is in- shall correct it promptly after receipt of a written notice volved because of, but not limited to, (1) any written in- from the Owner to do so unless the Owner has previ- terpretation pursuant to Subparagraph 2.3.11, (2) any or- ously given the Contractor a written acceptance of such der by the Owner to stop the Work pursuant to Para- condition. This obligation shall survive both final payment graph 3.3 where the Contractor was not at fault. or any for the Work or designated portion thereof and termina- such order by the Construction Manager as the Owner's tion of the Contract. The Owner shall give such notice agent, (3) any written order for a minor change in the promptly after discovery of the condition. Work issued pursuant to Paragraph 12.4, or (4) failure of 13.2.3 The Contractor shall remove from the site all payment by the Owner pursuant to Paragraph 9.7, the portions of the Work which are defective or nonconform- Contractor shall make such claim as provided in Sub ing and which have not been corrected under Subpara- paragraph 12.3.1. graphs 4.5.1, 13.2.1 and 13.2.2, unless removal is waived 12.4 MINOR CHANGES IN THE WORK by the Owner. 12.4.1 The Architect will have authority to order minor 13.2.4 If the Contractor fails to correct defective or non - changes in the Work not involving an adjustment in the conforming Work as provided in Subparagraphs 4.5.1, MA DOCUMENT A201/CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • ALA. • @ 1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE .. N . WASHINGTON. D.C. 20006 A201 /CM — 1980 20 WARNING: Unlicensed photocopying violates U.S. copyright Taws and is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 20 13.2.1 and 13.2.2, the Owner may correct it in accordance having jurisdiction, or as a result of an act of government with Paragraph 3.4, such as a declaration of a national emergency making 13.2.5 If the Contractor does not proceed with the cor- materials unavailable, through no act or fault of the Con- CV rection of such defective or nonconforming Work within tractor or a Subcontractor or their agents or employees or a reasonable time fixed by written notice from the Archi- any other persons performing any of the Work under a tect issued through the Construction Manager, the Owner contract with the Contractor, or if the Work should be may remove it and may store the materials or equipment stopped for a period of thirty days by the Contractor be- at the expense of the Contractor. If the Contractor does cause of the Construction Manager's failure to recom- not pay the cost of such removal and storage within ten mend or the Architect's failure to issue a Project Certifi- days thereafter, the Owner may, upon ten additional cate for Payment as provided in Paragraph 9.7 or because days' written notice, sell such Work at auction or at pri- the Owner has not made payment thereon as provided in vale sale and shall account for the net proceeds thereof, Paragraph 9.7, then the Contractor may, upon seven addi- after deducting all the costs that should have been borne tional days' written notice to the Owner, the Architect by the Contractor, including compensation for the Archi- and the Construction Manager, terminate the Contract and tect's and the Construction Manager's additional services recover from the Owner payment for all Work executed made necessary thereby. If such proceeds of sale do not and for any proven loss sustained upon any materials, cover all costs which the Contractor should have borne, equipment, tools, construction equipment and machinery, the difference shall be charged to the Contractor and an including reasonable profit and damages. appropriate Change Order shall be issued. If the payments 14.2 TERMINATION BY THE OWNER then or thereafter due the Contractor are not sufficient to 14.2.1 If the Contractor is adjudged a bankrupt, or cover such amount, the Contractor shall pay the differ- makes a general assignment for the benefit of creditors, ence to the Owner. or if a receiver is appointed on account of the Contrac- 13.2.6 The Contractor shall bear the cost of making tor's insolvency, or if the Contractor persistently or re- good all work of the Owner or separate contractors de- peatedly refuses or fails, except in cases for which exten- stroyed or damaged by such correction or removal. sion of time is provided, to supply enough properly 13.2.7 Nothing contained in this Paragraph 13.2 shall be skilled workers or proper materials, or fails to make construed to establish a period of limitation with respect , prompt payment to Subcontractors or for materials or to any other obligation which the Contractor might have labor, or persistently disregards laws, ordinances, rules, under the Contract Documents, including Paragraph 4 . 5 regulations or orders of any public authority having juris- hereof. The establishment of the time periods noted in , lion, or otherwise is guilty of a substantial violation of a Subparagraph 13.2.2, or such longer period of time as provision of the Contract Documents, and fails within may be prescribed by law or by the terms of any warranty seven days after receipt of ++ritten notice to commence required by the Contract Documents, relates only to the and continue correction of such default, neglect or viola- specific obligation of the Contractor to correct the Work, lion with diligence and promptness, the Owner, upon and has no relationship to the time within which the : certification by the Architect after consultation with the Contractor's obligation to comply with the Contract Doc Construction Manager that sufficient cause exists to justify uments may be sought to be enforced, nor to the time .- such action, may, after seven days following receipt by within which proceedings may be commenced to estab the Contractor of an additional written notice and with - lish the Contractor's liability with respect to the Contrac- out prejudice to any other remedy the Owner may have, tor's obligations other than specifically to correct the terminate the employment of the Contractor and take Work, possession of the site and of all materials, equipment, 13.3 ACCEPTANCE OF DEFECTIVE OR tools, construction equipment and machinery thereon NONCONFORMING WORK owned by the Contractor and may finish the Work by 13.3.1 If the Owner prefers to accept defective or non- whatever methods the Owner may deem expedient. In such case the Contractor shall not be entitled to receive conforming Work, the Owner may do so instead of requir- any further payment until the Work is finished. ing its removal and correction, in which case a Change I Order will be issued to reflect a reduction in the Contract 14.2.2 If the unpaid balance of the Contract Sum ex- Sum where appropriate and equitable. Such adjustment ceeds the costs of finishing the Work, including compen- shall be effected whether or not final payment has been sation for the Architect's and the Construction Manager's made. additional services made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the ARTICLE 14 unpaid balance, the Contractor shall pay the difference TERMINATION OF THE CONTRACT to the Owner. The amount to be paid to the Contractor • or to the Owner, as the case may be. shall be certified by 14,1 TERMINATION BY THE CONTRACTOR the Architect, upon application. in the manner provided 14.1.1 If the Work is stopped for a period of thirty days in Paragraph 9.4, and this obligation for payment shall under an order of any court or other public authority survive the termination of the Contract. AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIAS • ®1980 • THE 21 A201 /CM —1980 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK 4\ E • \V., WASHINGTON. D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 09/17/93 GENERAL CONDITIONS 00750 - 21 • SECTION 00800 SUPPLEMENTARY GENERAL CONDITIONS Information contained in this Supplementary Conditions amends, supplements or clarifies the "General Conditions of the Contract for Construction, Construction Management Edition, AIA Document A201 /CM dated June 1980 Edition. All references to the Architect or Engineer in the General or Supplementary General Conditions to the Contract or any other portion of the Contract Documents shall mean the Owner. In cases of conflict between the General Conditions and these Supplementary Conditions, wording of this Section shall govern. ARTICLE 1 1. Subparagraph 1.1.3 - third line -after the word "construction," delete the remaining words and insert the following: "and all supplies, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities, services, and incidentals necessary for the proper execution and completion of such construction; except as expressly noted in the Scope of Work or the General Requirements of the Contract." 2. Subparagraph 1.2.1 - delete in its entirety. 3. Subparagraph 1.2.3 - after the last word "meanings" in the paragraph add the following sentence: "In case of discrepancy or disagreement in the contract documents, specifications, and /or drawings, the ORDER OF PRECEDENCE shall be: Contract Agreement The addenda as issued The General Requirements The Supplementary General Conditions General Conditions The Technical Specifications The Drawings (Large scale detail drawings take precedence over smaller scale general drawings). Note: Do not rely on scaled dimensions on drawings and any discrepancies found shall be brought to the attention of the A/E through the CM. 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 1 4. Add new subparagraph 1.2.5 as follows: "Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work." 5. Add new subparagraph 1.3.2 as follows: "Unless otherwise provided in the Contract Documents, the Trade Contractor will be furnished, free of charge, all copies of Drawings and Specifications reasonably necessary for the execution of the Work." ARTICLE 2 1. Subparagraph 2.2.1 - after the word "representative ", add: "The term Construction Manager means the Construction Manager acting through his authorized representative." 2. Subparagraph 2.3.4 - first sentence after the word "Architect," add "along with the Construction Manager." 3. Subparagraph 2.3.7 - after the word "properly," add: "It is the intent of the Contract Documents to allow the Construction Manager to schedule the performance of all Work and the contractors are expected to follow all such schedule direction. Should a contractor, either in person or through his subcontractor, supplier, or vendor, fail to maintain progress according to the Project Schedule and approved Contractor's Schedule, or cause delay to another Contractor: he shall furnish additional labor and /or services such as overtime as may be necessary to bring his operations up to schedule, all at no additional cost to the Owner." 4. Subparagraph 2.3.15 - delete in its entirety. 5. Subparagraph 2.3.18 - delete the word "reasonable" in the sixth (6th) line. After the word "promptness ", add "consistent with the constraints of the project schedule so as to cause no delay." 6. Subparagraph 2.3.21 - first line - delete the words "the Construction Manager will assist the Architect ", and substitute, "The Architect will assist the Construction Manager." 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 2 .,, 7. Subparagraph 2.3.23 - delete the phrase "against whom the Contractor makes no reasonable objection and." Also, delete the last sentence in the subparagraph in its entirety. ARTICLE 3 1. Subparagraph 3.2.1 - delete in its entirety. 2. Subparagraph 3.3.1 - delete from the last sentence the phrase, "..., except to the extent required by Subparagraph 6.1.3 ". 3. Subparagraph 3.4.1 - substitute three (3) days notice in each case for the seven (7) day notices stipulated. Add at end of subparagraph the following: "In the event of clean- up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of a serious nature, as determined by the CM, notice will given, and contractor is required to rectify deficiency immediately." ARTICLE 4 1. Subparagraph 4.1.1 - delete in its entirety and insert the following: "The Contractor is the same person or entity identified as the Trade Contractor. A Trade Contractor is the person or entity identified as such in the Agreement between the Owner or Construction Manager and a Trade Contractor. The term Trade Contractor includes one who furnishes material worked to a special design but does not include one who furnishes material not so worked and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Trade Contractor means the Trade Contractor or his authorized representative." 2. Subparagraph 4.2.1 - at the end of the paragraph, add the following: "The Owner and Architect have acknowledged that nothing in the Architect's engagement implies any undertaking by the Architect for the benefit of or which may be enforced by the Contractor, its subcontractors, or the surety of any of them; it being understood that the Architect's obligations are to the Owner and that, in performing such obligations, the Architect may increase the burdens and expenses of the Contractor its subcontractors, or the surety of any of them. 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 3 l) Neither the Contractor, any Subcontractor, nor the surety of any of them shall bring any civil suit or other legal action against the Architect arising out of or in connection with the Project." 3. Add new subparagraph 4.4.3 as follows: "The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor employee is determined to be detrimental to the Project, as deemed by the Construction Manager, the Contractor will remove and /or replace the employee at the request of the Construction Manager. Employees dismissed from the project will be transported from the jobsite at the Contractor's expense." 4. Add new subparagraph 4.4.4 as follows: "The Trade Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment." 5. Add new subparagraph 4.4.5 as follows: "The Trade Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Trade Contractor agrees to cooperate with the Construction Manager, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected." 6. Subparagraph 4.9.1 - add the following sentence: "The superintendent shall be satisfactory to the Construction Manager and shall not be changed except with the consent of the Construction Manager, unless the superintendent proves to be unsatisfactory to the Trade Contractor or ceases to be in his employ." 7. Subparagraph 4.10.1 - add the following sentence: "This schedule, to be submitted within three (3) days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to the Construction Manager's approval." 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 4 8. Add new subparagraph 4.10.2: "The Construction Manager will conduct a weekly scheduling meeting which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems." 9. Add new subparagraph 4.12.9: "If materials specified in the Contract Documents are not available on the present market, the Trade Contractor may submit data on substitute materials through the Construction Manager to the Architect /Engineer for approval by the Owner." 10. Subparagraph 4.14.1 - add at line 3 after "properly ": "He shall also provide protection of existing work as required." 11. Subparagraph 4.14.2 - at end of paragraph, add: "When structural members are involved, the written consent of the Architect /Engineer shall also be required. The Trade Contractor shall not unreasonably withhold from the Construction Manager or any separate contractor his consent to cutting or otherwise altering the Work." 12. Add new subparagraph 4.14.3: "The Trade Contractor shall arrange for any blockouts, cutouts, or opening required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Trade Contractor shall be further responsible for sealing and /or finishing, in an acceptable fashion and meeting any applicable code requirements, any such blockout, cutout opening, or other hole in any fire -rated floor, ceiling, wall, security wall, or any other finished surface ". 13. Subparagraph 4.15.1 - at end of paragraph, add: "Clean up shall be performed to the satisfaction of the Owner or Construction Manager." 14. Add new subparagraph 4.16.2: "The Trade Contractor shall promptly return telephone calls or respond to any other form of communication initiated by the Construction Manager. Failure to promptly do so shall be considered a lack of performance on the part of the Trade Contractor, and may be considered grounds for replacement of site personnel." 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 5 15. Add new Subparagraph 4.16.3: "A11 written correspondence to the Construction Manager shall be serialized, dated, and signed by an authorized representative of the Trade Contractor. The correspondence shall be directed to: Morrison - Knudsen /Gerrits 5090 College Road Key West, Florida 33040 Attn: Larry Keys or hand delivered to Morrison - Knudsen /Gerrits' office. Serialization procedures will be provided to the Trade Contractor in the pre- construction meeting." Each trade contractor shall be required to check his designated mailbox regularly. This mailbox will be made available, and located by the Construction Manager. 16. Subparagraph 4.18 - delete in its entirety and insert "Indemnification and Hold Harmless" and the following: "The Contractor 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 (including death), personal injury, and property damage (including property owned by Monroe County and Morrison - Knudsen /Gerrits) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its subcontractors in any tier, occasioned by the negligence or other wrongful act or omission of the Contractor or its subcontractors in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement." ARTICLE 5 1. Subparagraph 5.2.3 - delete in its entirety and insert the following: "If the Owner or Construction Manager refuses to accept any 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 6 person or entity on a list submitted by the Trade Contractor in response to the requirements of the Contract Documents, the Trade Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution." ARTICLE 6 1. Subparagraph 6.1.1 - delete the last sentence. 2. Subparagraph 6.1.3 - delete in its entirety, and insert the following: "It shall be the responsibility of each contractor to coordinate his work with the work of other contractors on the site. The Owner and Construction Manager shall be held harmless of any and all costs associated with improper coordination." 3. Subparagraph 6.2.5 - sixth line, after the word "initiates," delete the words "an arbitration proceeding" and substitute "a claim;" tenth line, delete the words "at the Owner's expense, and "; thirteenth line, after the words "and court IL y or," delete the word "arbitration" and substitute "claim." 4. Add new subparagraph 6.2.6: "Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify the Construction Manager in writing, of his contention: Setting forth (A) The cause for the delay, (B) A description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to the Construction Manager with (72) hours after the delay has ceased to exist. It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Construction Manager for an increase in the contract price, 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 7 nor a claim against the Owner or Construction Manger for a payment or allowance of any kind for damage, loss or expense resulting from delays: Nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time." ARTICLE 7 1. Subparagraph 7.1.1 - delete in its entirety and insert the following: "The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida." 2. Subparagraph 7.2.1 - delete in its entirety and insert the following: "The Owner or Construction Manager (as the case may be) and the Trade Contractor each binds himself, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other." 3. Add new Subparagraph 7.2.2: "The Trade Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Construction Manager." 4. Subparagraph 7.8.1 - delete in its entirety. 5. Paragraph 7.9 'Arbitration' and all associated subparagraphs 7.9.1, 7.9.2, & 7.9.3 - delete in their entirety. ARTICLE 8 1. Subparagraph 8.3.1 - delete in its entirety and insert the following: "If the Trade Contractor is delayed, at any time, in the progress of the Work, by any act or neglect of the Owner, Construction Manager, or the Architect /Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 8 Cir causes beyond the Trade Contractor's control, or by delay authorized by the Owner, Construction Manager, or by any other cause which the Construction Manager determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as the Construction Manager may determine, in accordance with subparagraph 6.2.6." 2. Subparagraph 8.3.2 - replace the remainder of the Paragraph after the word "waived" in line 4 with the following: "Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Trade Contractor shall report the termination of the cause for the delay within twenty (20) days after such termination; otherwise, any claim for extension of time based upon that cause shall be waived." 3. Subparagraph 8.3.4 - delete in its entirety and insert the following: "It shall be recognized by the Trade Contractor that he may reasonably anticipate that as the job progresses, the Construction Manager will be making changes in, and updating Construction Schedules. No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules which are of the type ordinarily experienced in projects of similar size and complexity." 4. Add new subparagraph 8.3.5: "If the Project is delayed as a result of the Trade Contractor's refusal or failure to begin the Work on the date of commencement as defined in paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Trade Contractor causing the delay shall be liable, but not limited to, delay claims from other Trade Contractors which are affected." ARTICLE 9 1. Subparagraph 9.3.3 - add at line 14 after the word "person ": "All Trade Subcontractors and Trade Sub - subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Trade Contractor." 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 9 2. Subparagraph 9.5.1 - add: "From the total of the amount determined to be payable on a progress payment, 10 percent of such total amount will be deducted and retained by the Owner until final payment is made. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. When not less than 95 percent of the work has been completed, the Owner may, at his /her discretion (and with the consent of the surety), prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, (whichever is greater), of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by the Construction Manager to be a part of the final quantity for the item of work in question. No progress payment shall bind the Owner to the acceptance of any materials or work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 3. Add new subparagraph 9.5.6: "All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Trade Contractor from the sole responsibility for the materials and work upon which payments have been made or the restoration for any damaged material, or as a waiver to the right of the Owner or Construction Manager to require the fulfillment of all the terms of the Contract." 4. Add new subparagraph 9.5.7: "Except in case of bonafide disputes, or where the Trade Contractor has some other justifiable reason for delay, the Trade Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Trade Contractor shall pay, to each of his Trade Subcontractors, not later than the end of the calendar month in which each 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 10 payment is made to the Trade Contractor, the representative amount allowed the Trade Contractor on account of the work performed by his Trade Subcontractor interest therein. The Trade Contractor shall, by an appropriate agreement with each Trade Subcontractor, also require each Trade Subcontractor to make payments to his suppliers and Trade Sub - subcontractors in a similar manner." 5. Subparagraph 9.6.1 - delete in its entirety and insert the following: "The Construction Manager /Architect may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Trade Contractor and Construction Manager cannot agree on a revised amount, the Construction Manager shall process the Application for the amount he deems appropriate. The Construction Manager may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, he may nullify, in whole or part, any approval previously made to such extent as may be necessary in his opinion because of: (1) defective work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of Or lbw such claims; (3) failure of the Trade contractor to make payments properly to Trade 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. 9.6.1.1 No payment shall be made to the Trade Contractor until certificates of insurance or other evidence of compliance by the Trade Contractor, within all the requirements of Article 12, have been filed with the Owner and Construction Manager. Further, no payments on the basis of work performed by a Trade Subcontractor shall be paid until copies of all bonds required by Paragraph 7.5 and any certificates of insurance required of the Trade Subcontractors under Article 12 have been filed with the Owner." 6. Subparagraph 9.7 - delete in its entirety. 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 11 ARTICLE 11 1. Delete Article 11 in its entirety and insert Article 11; "Insurance and Bonds" and the following subparagraphs: Prior to commencement of work governed by this contract (including the pre- staging of personnel and material), the Contractor shall obtain, at their own expense, insurance as specified in the attached schedules, which are made part of this. Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by the Agreement (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall provide, to the County in care of the Construction Manager, as satisfactory evidence of the required insurance, either: o Certificate of Insurance or o A certified copy of the actual insurance policy 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 12 The insurance certificate form included in this section contains the appropriate language and is the preferred certificate form. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, it's employees and officials, and Morrison Knudsen /Gerrits will be included as "Additional Insured" on all policies, except for Worker's Compensation. In addition, the County will be named as an additional insured and loss payee on all policies covering County -owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 13 Mi 22. 1993 lid he*, MONROE COUNTY, FLORIDA INSURANCE CHECKLIST ■ FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY X Workers' Compensation Statutory Limits WC 1 Employers Liability $100,000/$500,000 /$100,000 WC2 Employers Liability $500,000/$500,000 /$500,000 WC3 Employers Liability $ 1,000,000/$1,000,000 /$1,000,000 WCUSLH US Longshoremen & Same as Employers' Harbor Workers Act Liability WCJA Federal Jones Act Same as Employers' Liability C .I" • Adminr1rative Instnklioa INSCKLST 04709.01 t 6 461 22. 199) 1,r Milling GENERAL LIABILITY As a minimum, the required general liability coverages will include: • Premises Operations • Products and Completed Operations • Blanket Contractual • Personal Injury • Expanded Definition of Property Damage Required Limits: GLI __ � $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit GL2 $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit GL3 $500,000 per Person; $ I,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) GLL1Q Liquor Liability All endorsements are required to have the same limits as the basic policy. • 4 Administrative 1n4nui,on INSCKLST 114709.01 7 nw► 22. 1993 IM Matins VEHICLE LIABILITY As a minimum, coverage should extend to liability for: • Owned; Nonowned; and Hired Vehicles Required Limits: VLI X $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $ 100,000 Combined Single Limit VL2 $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit VL3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit MISCELLANEOUS COVERAGES BR1 Builders' Limits equal to the Risk completed project. MVC Motor Truck Limits equal to the maximum Cargo value of any one shipment. • PROI Professional $ 250,000 per Occurrence/$ 500,000 Agg. PRO2 Liability $ 500,000 per Occurrence/$ 1,000,000 Agg. PRO3 $1,000,000 per Occurrence/$2,000,000 Agg. POL1 Pollution $ 500,000 per Occurrence/$ 1,000,000 Agg. POL2 Liability $1,000,000 per Occurrence/S2,000,000 Agg. POL3 $5,000,000 per Occurrence/$10,000,000 Agg. ED I _ Employee $ 10,000 ED2 Dishonesty $100,000 GK 1 Garage $ 300,000 ($ 25,000 per Veil) GK2 Keepers $ 500,000 ($100,000 per Veh) GK3 $1,000,000 ($250,000 per Veh) MEDI Medical $ 500,000/$ 1,000,000 Agg. MED2 Professional $1,000,000 /$ 3,000,000 Agg. MED3 $5,000,000 /$10,000,000 Agg. Administrative Iminxlioo tNSCKLS't' vire #4709.01 1 8 Ar el 22, 1913 III Printing IF Installation Maximum value of Equipment Floater Installed VLPI Hazardous $ 300,000 (Requires MCS -90) VLP2 Cargo $ 500,000 (Requires MCS -90) VLP3 Transporter $1,000,000 (Requires MCS -90) BLL Bailee Liab. Maximum Value of Property IIKL1 Hangarkeepers $ 300,000 HKL2 Liability $ 500,000 H KL3 $ 1,000,000 AIRI Aircraft $25,000,000 A1R2 Liability $ 1,000,000 AIR3 $ 1,000,000 AEO1 Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg. AEO2 & Omissions $ 500,000 per Occurrencel$I,000,000 Agg. AE03 $ 1,000,000 per Occurrence!$3,000,000 Agg. INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES 1 Liability policies are Occurrence Claims Made Insurance Agency Signature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature Administrative hntnxt ion INSCKLST 04709.01 9 CERTIFICATE OF INSURANCE MONROE COUNTY In consideration of the premiums charged on the insurance policies shown in this certificate, this certificate is issued to the certificate holder shown below. This certificate does not amend, extend or alter the coverage afforded by the policies listed below except as shown below. NAME & ADDRESS OF INSURED: COMPANIES AFFORDING COVERAGES Company Letter A Company Letter B NAME & ADDRESS OF AGENCY: Company Letter C Company Letter D Company Letter E This is to certify that the insurance policies listed below have been issued to the insured and are enforced at this time. It is agreed that none of these policies will be cancelled or changed without providing 30 dwa written notice of such cancellation of change to the certificate holder, except 30 days for Workers' Compensation. CO LTR TYPE OF INSURANCE POLICY tF EFFECTIVE DATE EXPIRATION DATE ALL UMITS IN THOUSANDS General Liability General Aggreple S ❑ Commercial General Liability Products- Compr'Ops Aggregate S ❑ Claims Made ❑ Occurrence ❑ Owner's & Contractors Protective Personal & Advertising Injury S ❑ X. C. U. Coverages Each Oavrrence S ❑ Broad Form Property Damage Fire Damage (any one fire) S ❑ Independent Contractors Medical Expense S ❑ Blanket Contractual (any one person) 1 Automobile Liability 1 1 1 I Bodily Injury ❑Arty Auto (Each Person) S ❑ All owned Autos (Each Accident) S ❑ Scheduled Auto. Property Damage S ❑ Hired Autos Bodily Injury and Property S Damage Combined ❑ Non-Owned Autos Excess Liability ❑ Umbrella Form Bodily Injury and Property S ❑ Other than Umbrella Form Damage Combined ❑ Claims Made ❑ Occurrence Workers' Compensation and Workers' Compensation Statutory Employers' Liability Employers' Liability S Other S Comments: Monroe County, Monroe County Board of County Commissioners and Morrison•Knudsen/Gerrits are named as additional insureds with respect to the General liability, Vehicle Liability, Professional Liability and Excess Liability Policies. Name and Address of the Certificate Holder. Date Issued: Monroe County c/o Morrison - Knudsen /Gerrits Authorized Representative: 5090 College Road Address: Key West, Florida 33040 Telephone: 4Lir 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 delay, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by COP Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATE ON , 19 (NAME OF PRINCIPAL) BY (AS ATTORNEY IN FACT) (NAME OF SURETY) C 11.1.8 Throughout the term of the contract, the Owner shall purchase and maintain property insurance on the completed value of the permanent facility only. The completed value is defined as all material, labor, supplies, and equipment intended to be incorporated in and to become a permanent part of the completed facility. Such insurance shall include perils of fire, lightning, and extended perils. The facility as defined for this paragraph includes structures as defined in the contract drawings and specifications. Notwithstanding any provisions contained in this paragraph, the Contractor shall be responsible for the first $10,000 on any loss governed by this section. The Contractor understands that the Owner's property insurance policy contains certain exclusions which are available upon request from the Construction Manager. 11.1.9 Public Construction Bond The Owner shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner in this section as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. ARTICLE 12 1. Subparagraph 12.1.3 - under item .1, add the following at the end of the sentence, ", as set forth in subparagraph 12.1.6" 2. Subparagraph 12.1.4 - replace the remainder of the paragraph, after the word "change" in line 25, with the following: "Pending final determination of cost, payments on account shall be made as determined by the Construction Manager. The amount of credit to be allowed by the Trade Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change." 3. Add new subparagraph 12.1.6: "The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workman's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 16 Tax. If deductions are ordered, the credit shall be the net cost. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, incidental job costs, and general office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: 12.1.6.1 If the Trade Contractor performs the actual Work, the percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15 %). 12.1.6.2 If the Trade Subcontractor performs the actual Work, the percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15 %). If the Trade Contractor does not enter into the Work, the maximum mark up for managing this work will be ten percent (10 %). 12.1.6.3 If the Trade Subcontractor performs part of the actual work, his percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15 %) on his direct work only. If the Trade Contractor performs part of the actual work, his percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15%) on his direct work only. 4. Add new subparagraph 12.1.7: "The Trade Contractor shall furnish to the Owner through the Construction Manager, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered." 5. Subparagraph 12.3.1 - delete in its entirety and insert the following: "If the Trade Contractor claims that any instructions given to him by the Construction Manager, by drawings or otherwise, involve extra work not covered by the Contract, he shall give the Construction Manager written notice thereof within three (3) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Trade Contractor shall proceed in accordance with Paragraph 10.3." Should it not be clear to the Trade Contractor that a change will involve extra work, written notice given within three (3) days that the change may involve extra work will be sufficient notice. If it is later determined that the work involved in such instruction shall be recognized as an extra, the amounts of additional compensation to be paid therefore should be determined in accordance with Paragraph 12.1. 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 17 Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the notice specified by this Subparagraph is given by the Trade Contractor. If the Contractor considers that the changed work involves extra costs, the costs shall be accounted for, and presented in accordance with subparagraph 12.1.3. All claims shall be submitted to the Owner through the Construction Manager." 6. Subparagraph 12.3.2 - change the word 'agent' in the 7th line, to 'representative'. 7. Add new subparagraph 12.3.3: "Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 7.1.1." ARTICLE 14 1. Subparagraph 14.1.1 - starting at the 8th line, delete the phrase, "..., or if the Work should be stopped for a period of thirty days by the CONTRACTOR because of the CONSTRUCTION MANAGER'S failure to recommend or the ARCHITECT'S failure to issue a Project Certificate for Payment as provided in Paragraph 9.7 or because the OWNER has not made payment thereon as provided in Paragraph 9.7 ". 2. Subparagraph 14.1.1 - add to the last sentence: "excluding home office overhead." 3. Subparagraph 14.2.1 - change the words 'seven days' in the 13th and 18th line, to '72 hours'. * * * * * * * * * * * * * * * * * * * * * * ** END OF SECTION 00800 09/17/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 18 CONTRACTOR'S ARCHITECT 9 AFFIDAVIT OF CONTRACTOR SURETY PAYMENT OF OTHER ❑ DEBTS AND CLAIMS AIA Document G706 TO (Owner) ARCHITECT'S PROJECT NO: I — 1 CONTRACT FOR: L J CONTRACT DATE: PROJECT: (name, address) State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AIA Document A201, hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none, write "None ". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) 4 SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: 1. Consent of Surety to Final Payment. Whenever Surety is involved, Consent of Surety is required. AIA DOCUMENT G707, CONSENT OF SURETY, Address: may be used for this purpose. Indicate attachment: (yes ) (no ). The following supporting documents should be at- tached hereto if required by the Owner: BY: 1. Contractor's Release or Waiver of Liens, condi- tional upon receipt of final payment. Subscribed and sworn to before me this 2. Separate Releases or Waivers of Liens from Sub- day of 19 contractors and material and equipment sup- pliers, to the extent required by the Owner, ac- companied by a list thereof. Notary Public: 3. Contractor's Affidavit of Release of Liens (AIA DOCUMENT G706A). My Commission Expires: AIA DOCUMENT G706 • CONTRACTOR'S AFFIDAVIT Of PAYMENT OF DEBTS AND CLAIMS • APRIL 1970 EDITION ONE PAGE AIA® • © 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 • 4 09/17/93 AFFIDAVIT OF PAYMENT OF DEBTS & CLAIMS 00900 -1 CONTRACTORS ARCHITECT ❑ AFFIDAVIT OF CONTRACTOR ❑ SURETY RELEASE OF LIENS OTHER ❑ AIA DOCUMENT G706A TO (Owner) ARCHITECT'S PROJECT NO: CONTRACT FOR: J CONTRACT DATE: PROJECT: (name, address) State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AIA Document A201, hereby certifies that to the best of his knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equip- ment, and all performers of Work, labor or services who have or may have liens against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: (If none, write "None ". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: 1. Contractor's Release or Waiver of Liens, condi- tional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Sub- Address: contractors and material and equipment sup- pliers, to the extent required by the Owner, ac- companied by a list thereof. BY Subscribed and sworn to before me this day of 19 Notary Public: My Commission Expires: AIA DOCUMENT G706A • CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS • APRIL 1970 EDITION • AIA® ONE PAGE © 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 09/17/93 AFFIDAVIT OF RELEASE OF LIENS 00905 - 1 CONSENT OF OWNER ❑ ARCHITECT ❑ SURETY COMPANY CONTRACTOR ❑ SURETY TO FINAL PAYMENT OTHER ❑ AIA DOCUMENT G707 PROJECT: (name, address) TO (Owner) ARCHITECT'S PROJECT NO: CONTRACT FOR: L CONTRACT DATE: CONTRACTOR: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) , SURETY COMPANY, on bond of ( insert name and address of Contactor) CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address or O ner) , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 19 Surety Company Signature of Authorized Representative Attest: (Seal): Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR 5 AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition AIA DOCUMENT G707 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 1970 EDITIO• • AIA€ ONE PAGE m 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 09/17/93 CONSENT OF SURETY TO FINAL PAYMENT 00910 — 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. 1.2 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 posted in a conspicuous location along with the OSHA and Emergency Phone Number posters. 09/17/93 PROJECT SAFETY & HEALTH PLAN 00970 - 1 .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 1:00 pm for a joint site clean -up effort not to exceed a duration of three hours. In summary, there will be a 3 -part clean -up plan. The first part consists of the contractor cleaning up on a daily basis, his workstations, and his trade work. The second part consists of the general clean -up, the concerted effort by all trade contractors working on the project. A minimum of (1) crew is to be utilized by each contractor, or 10 %, whichever is more. The third part consists of the Owner cleaning up for a particular trade contractor should adequate notice not compel him to clean up his work. In this case, the appropriate contractors will be backcharged. .10 This project shall be a Hard Hat job and all supervisors, employees and visitors shall be required to wear a suitable hard hat while on the project site. .11 Other appropriate personal protective equipment shall be provided and worn as required including but not limited to long pants, shirts with sleeves and appropriate leather work boots. 09/17/93 PROJECT SAFETY & HEALTH PLAN 00970 - 2 Cre .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 tior 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. 09/17/93 PROJECT SAFETY & 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 09/17/93 PROJECT SAFETY & HEALTH PLAN 00970 - 4 assure that the requirements of (a), (b), and (c) above are complied with and nothing in these Contract Documents shall be held to mean that any such responsibility is the obligation of the Owner or the Architect or the Construction Manager. 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * ** END OF SECTION 00970 Cle 09/17/93 PROJECT SAFETY & HEALTH PLAN 00970 - 5 SECTION 00980 CONTRACTOR QUALITY CONTROL PLAN 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 data 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. 09/17/93 CONTRACTOR QUALITY CONTROL PLAN 00980 - 1 1.2.5 The Contractor's Quality Control Representative will review his drawings, procurement documents and contracts to insure that the technical information provided and all work performed is in accordance with 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 /Gerrits is completed. Items determined unsalvageable will be removed from the job site. These items shall be noted as deficient in the applicable section of the Contractor Daily Quality Control Report. 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. 09/17/93 CONTRACTOR QUALITY CONTROL PLAN 00980 - 2 (d) Availability of materials and equipment required. (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 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 09/17/93 CONTRACTOR QUALITY CONTROL PLAN 00980 - 3 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: MK /G will record the minutes to this inspection meeting. 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 09/17/93 CONTRACTOR QUALITY CONTROL PLAN 00980 - 4 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 publish outstanding items and issue a Project tOr Certificate of Substantial Completion, which will define the date of 'Turn -Over' to the Owner the care, control and custody. Reference Section 00800, Substantial Completion. 1.4 REPORTING 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. 1.4.1 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 09/17/93 CONTRACTOR QUALITY CONTROL PLAN 00980 - 5 Superintendent's Report will be routinely used for daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, section 01385. 1.4.2 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 Manager for his information and /or action. It should also be included in the Contractor's Daily Quality Report package for general review. Nonconformance Reports will be signed off once the deficient item or items have adequately been corrected. This will be done by the issuing Superintendent and Project Manager. These sign -offs will be included with a corresponding corrective action taken. Significant nonconformances need to be addressed to prevent recurrence. The signed -off report will also be submitted for review. Work activities affected by a Nonconformance Report will proportionally counter - affect payments. Whether that be partial or full retainage will be left up to the discretion of Morrison - Knudsen /Gerrits' management team. 1.5 NOT USED 1.6 AUDITS 1.6.1 Morrison - Knudsen /Gerrits may choose at its option to perform Contractor audits of their Contractor Quality Control Plan at any time. Reports of these audit results will be forwarded to the Project Manager for his action. Any action items noted during an audit for the Contractor will be followed up and documented to insure compliance and avoid recurrence. 09/17/93 CONTRACTOR QUALITY CONTROL PLAN 00980 - 6 1.7 SUMMARY The intention of this plan is to create a system of checks and balances that will minimize delays caused by rework and a lack of planning and maximize production and insure that the finished product is one that the entire construction team can pride themselves in. These goals can be achieved by giving the Owner exactly what he has bought. The Owner will expect no more and through Quality Assurance, the construction team will provide no less. * * * * * * * * * * * * * * * * * * * * * * * * * * * ** END OF SECTION 00980 09/17/93 CONTRACTOR QUALITY CONTROL PLAN 00980 - 7 SECTION 01027 APPLICATION FOR PAYMENT 1. SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 2. FORMAT The Application and Certificate for Payment including the Continuation Sheet is the required format for submitting invoices. A copy of these forms are included in this section. The Owner reserves the right to modify the format to better suit his internal accounting system. 3. PREPARATION OF APPLICATIONS The contractor is required to comply with the following procedure: 1. Progress payment period ending date is the 25th day of each month. 2. Fifteen (15) calendar days prior to the 25th (i.e., 10th 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 Contractor for completion prior to the 10th day of the month. 4. From the 10th to the 16th day of the month, the CM will review the copies of the work item update with the field staff and /or the Contractor. 5. From the 17th to the 20th day of the month, the CM will meet at the jobsite with the A/E to review the recommended work item update listings for A/E approval. 6. From the 21st to the 24th day of the month, the CM will provide the Contractor the reviewed and approved work item update and an application for 09/17/93 APPLICATION FOR PAYMENT 01027 - 1 payment. 7. The Contractor will execute certification by notarized signature of authorized officer. 8. The Contractor 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. On or about the 25th day of each month, the A/E will certify the applications for payment at the monthly jobsite project coordination meeting and the CM will submit them to the Owner for processing or provide notification as stipulated in the General Conditions for withholding. 4 SUBMITTAL PROCEDURES A. The initial Application for Payment will not be processed until the Contractor's construction schedule, the schedule of values, and the initial submittal schedule have been received, reviewed and approved by the Owner's Representative. B. Submit an updated construction and submittal schedule with each Application for Payment. C. Payment Period: Submit once per month. Payment will be made by the Owner within a reasonable time thereafter. 5. SUBSTANTIATING DATA A. When the Owner's Representative requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Indicate Application number and date, and line item by number and description. 09/17/93 APPLICATION FOR PAYMENT 01027 - 2 f / 88 8 • i a 00 d T. 8 • z o § • e fa f f UJ . . % § I. t \ 2 $ § § IL / . = u ® k / \ L. \ k 2 | ' | E • 2 § { 7 { § 'El' r = } ` " § • u 8 § � I • : 3 7 . § Of § 0 k 0 . , k In§ X !\g § i 0 § 4 §( E g }_� li }�_ kk fa u , • | L. a. § I 2 � �f j - c GS - { |•� - - 2 �( 5 • ` C § \ 7 s| U 4.• • � � � $. • k } .1§ U 0.° 0U \k \ L 7� ��z § § } ( k $ � $ \ §u 0 0 0 0 ea « 4 .. . k 0 0 0'6 §2 I1R.- �k �� . 1 . • �- i K 4- ) ® L. § § w 41 0 $ f k &k k 4.• % w _ - - L. U \ L- ( 1 1 1 11 / CU 01 - 2 8 , f �V • § . H ill IL " § 2 ..- _ - / £ VIIE . CIO 09/17/93 APPLICATION FOR PAYMENT 01027 — 3 L 4 • 0 0 0 0 0 0 0 0 0 y C C • J m p p p p p p p p • • • 0 0 0 0 0 0 0 0 8 O . 0 0 0 0 0 0 0 0 0 0 5 ..- H • 44 i M 7 • �e 0 0 0 0 0 0 0 0 8 8 8 8 8 8 8 8 0 00000000 0 B 0 L. V d a g 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L 4 0 0 0 0 0 0 0 0 0 W O • 4 M L u a 4 L M 0 5. O O O O O O O O 0 U O 0 0 0 0 0 0 0 0 0 O F- l a N O O O 0 0 0 0 0 t 1-. H O O O O O O O O s. < U • H • N 0 0 0 0 0 0 0 0 0 M I- 5 V; 0 0 0 0 0 0 0 0 0 L u D 7 < u m 1- z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000000 0 > g lei <LS 8 0 0 0 0 0 0 0 8 0 0 0 0 0 0 8 2� 00000000 0 LOS 0 W 8 5 OC H 7 U •. 0 < 0. W K 8 1— L co V Z O V O M 0 h W W P J J J \ 0 < co a. z . O QpQ Y1 J W O O J< O OC W N < I- >. • OC Y- W '- 2 2 7 W ! W < N J Z O L 2 fL < W < O K 2 G N 0 0 f /I U H F d 0 .• • u u a 0 0 0 0 0 0 0 0 E e • 4 L L L 5 5 $ o «€' 0 0 0 0 0 0 0 0 0 0 0 0 0 a U u n a .. 09/17/93 APPLICATION FOR PAYMENT 01027 — 4 3l C u- < IL g€ 44 L M .. L i 2 Y M M 48 C q L 0 N 7 O ` 0. C7 Y « 1 44 L V L L � V < I C7 O oil H M it it L u L ux pQ pQ Q 14... poQ8. p 8888 Qppg. W O O O O O O O C I- < 00000 O O O O O O O O O I 0. a. 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L M 4.1 • L ▪ •• ✓ 1A ✓ 2,421.20 V u 0 0 CC0 a 0 0 0 0 0 0 0 0 .0 C V. 0 LI 0 0. co Ll 0 09/17/93 APPLICATION FOR PAYMENT 01027 - 5 MONROE COUNTY c/o MORRISON - KNUDSEN /GERRITS AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NUMBER: PERIOD ENDING DATE: APPLICATION DATE: KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum $ , to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or services for the improvement of the following described property: FIRE FACILITIES ROOF REAPIRS: CONCH KEY, ISLAMORADA, MARATHON NO. 2, & TAVERNIER As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following: THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of $ , as of the date of the Partial Release and the undersigned has received $ as payment on the adjusted contract amount as of the date of this Partial Release. THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the subject property have been paid in full. Any and all suppliers of labor, material or services for improvement to the subject property, who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for nonpayment: (If none, write "None ") CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been collected for F.I.C.A. and withholding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those subcontractors /suppliers amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty or Maintenance Agreement. WITNESS MY HAND THIS day of , 19_ Witness Name of Company Witness Signature, Title 09/17/93 APPLICATION FOR PAYMENT 01027 — 6 SECTION 01028 C V CHANGE ORDER PROCEDURES PART 1 - GENERAL 1 SUMMARY A. Section includes: 1. Promptly implement 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 Construction Manager with each request. 2. Designate in writing the member of the Contractor's organization authorized to accept changes in the Work. 3. The Owner will designate in writing the person who is authorized to execute Change Orders. B. Related requirements: 1. Agreement: The amounts of established unit prices. 2. Agreement: The amounts of established allowances. 3. Conditions of the Contract, Article 12 of the General Conditions: 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 Contractor's claims for additional costs. 2 DEFINITIONS A. Change Order, AIA Document G701 /CM: Refer to the General Conditions. B. Construction Change Directive: A written order to the Contractor, signed by the Owner, MK /Gerrits and the Architect, which amends the Contract Documents as described, and authorizes the Contractor to proceed with a change which affects the Contract Sum or the Contract time, for inclusion in a subsequent Change Order. triv 09/17/93 CHANGE ORDER PROCEDURES 01028 - 1 3 PRELIMINARY PROCEDURES A. A change may be initiated by submitting a Proposal Request to the Contractor. 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. B. The Contractor may initiate changes by submitting a written notice to the Construction Manager 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 CONSTRUCTION CHANGE DIRECTIVE A. In lieu of Proposal Request, a Construction Change Directive may be issued for Contractor to proceed with a change for subsequent inclusion in a Change Order. B. The Construction Change Directive will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the change, and will designate the method of determining a change in the Contract Sum and change in the Contract Time. C. The Owner, Construction Manager, and the Architect will sign and date the Construction Change Directive as authorization for the Contractor to proceed with changes. D. At completion of the change, submit itemized accounting and supporting data as provided in the Article "Documentation of Proposals and Claims" of this Section. 09/17/93 CHANGE ORDER PROCEDURES 01028 - 2 E. The allowable costs of such work will be determined as provided in the General Conditions and Supplementary Conditions. F. The Owner, Construction Manager and Architect will sign and date the Change Order to establish the change in the Contract Sum and in the Contract Time. G. The Owner and the Contractor will sign and date the Change Order to indicate their agreement. 5 DOCUMENTATION OF PROPOSALS AND CLAIMS A. 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. B. On request provide additional data to support time and cost computations: 1. Labor required. 2. Equipment required. 3. Products required. a. Recommended source of purchase and unit cost. b. Quantities required. 4. Taxes, insurance and bonds. Cif 5. Credit for the work deleted from the Contract, similarly documented. 6. Overhead and profit. If the Contractor performs the actual Work, the percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15 %). If the Subcontractor performs the actual Work, the percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15%). If the Contractor does not enter into the Work, the maximum mark -up for managing this work will be ten percent (10 %) . If the Subcontractor performs part of the actual Work, his percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15 %) on his direct work only. If the Contractor performs part of the actual work, his percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15%) on his direct work only. 7. Justification for change in the Contract Time. 09/17/93 CHANGE ORDER PROCEDURES 01028 - 3 C. 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 agent 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. 5. Signature of Construction Manager's Superintendent, concurring with quantities. 6 PREPARATION OF CHANGE ORDERS A. The Construction Manager will prepare each Change Order. B. Change Order form: AIA Document G701 /CM. C. Change Order will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the change. D. Change Order will provide an accounting of the adjustment in the Contract Sum and in the Contract Time. 7 LUMP - SUM /FIXED PRICE CHANGE ORDERS A. Content of Change Orders will be based on either: 1. The Proposal Request and the Contractor's responsive Proposal as mutually agreed between the Owner and the Contractor. 2. The Contractor's Proposal for a change, as recommended by the Architect or Construction Manager. B. The Owner, Construction Manager and the Architect will sign and date the Change Order as authorization for the Contractor to proceed with the changes. C. The Contractor may sign and date the Change Order to indicate agreement with the terms therein. 09/17/93 CHANGE ORDER PROCEDURES 01028 - 4 .1' 8 UNIT PRICE CHANGE ORDER A. The content of the Change Orders will be based on either: 1. The definition of the scope of the required changes. 2. The Contractor's Proposal for a change, as recommended by the Architect, or Construction Manager. 3. Survey of completed work. B. The amounts of the unit prices to be: 1. Those stated in the Agreement. 2. Those mutually agreed upon between the Owner, Architect and the Contractor. C. When quantities of each of the items affected by the Change Order be determined prior to start of the Work: 1. The Owner, Construction Manager and the Architect will sign and date the Change Order as authorization for the Contractor to proceed with the changes. 2. The Contractor may sign and date the Change Order to indicate agreement with the terms therein. D. When quantities of the items cannot be determined prior to start of the Work: 1. A Construction Change Directive will be issued directing the Contractor 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, Construction Manager and the Architect will sign and date the Change Order to establish the change in the Contract Sum and in the Contract Time. 4. The Contractor will sign and date the Change Order to indicate their agreement with the terms therein. 9 CORRELATION WITH THE CONTRACTOR'S SUBMITTALS A. 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. 09/17/93 CHANGE ORDER PROCEDURES 01028 - 5 B. 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. C. Upon completion of the Work under a Change Order, enter pertinent changes in Record Documents. * * * * * * * * * * * * * * * * * * * ** END OF SECTION 01028 09/17/93 CHANGE ORDER PROCEDURES 01028 - 6 „e) SECTION 01200 PROJECT MEETINGS PART 1 - GENERAL 1 SUMMARY A. Section includes: 1. Project meetings 2 The CONSTRUCTION MANAGER'S RESPONSIBILITY A. Construction Manager shall schedule and administer pre - construction meeting, periodic progress meetings, and specially called meetings throughout progress of the Work. 1. Prepare agenda for meetings. 2. Provide notice of each meeting four days in advance of meeting date, or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. c. Furnish three copies of minutes to the Architect. B. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. The Architect and the Owner's Representative may attend meetings to ascertain that the Work is expedited consistent with the Contract Documents and construction schedules. 3 PRE - CONSTRUCTION MEETING A. Location: A central Site designated by the Construction Manager. 09/17/93 PROJECT MEETINGS 01200 - 1 B. Attendance: 1. The Owner's Representative. 2. The Architect and his professional consultants (as required). 3. Construction Manager. 4. The Contractor's Superintendent. 5. Major subcontractors. 6. Major suppliers. 7. Others as appropriate. C. Suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. Projected Construction Schedules. 2. Critical Work sequencing. 3. Major equipment deliveries and priorities. 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Proposal requests. c. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of the Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Office, work and storage areas. b. The Owner's requirements. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first -aid procedures. 12. Security procedures. 13. Housekeeping procedures. 14. Distribute meeting minutes within (3) days. 4 WEEKLY PROGRESS MEETINGS A. The Contractor's Project Manager and /or Superintendent shall be required to attend a weekly scheduling meeting. B. Location of the meetings: Office of the Construction Manager. 09/17/93 PROJECT MEETINGS 01200 - 2 le/ C. Attendance: f or 1. The Architect and his professional consultants as needed. 2. Contractors as appropriate to the agenda. 3. Suppliers as appropriate to the agenda. 4. Others. D. Suggested Agenda: 1. Review of Work progress since previous meeting. 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. Itur 13. Other business. 14. Distribute meeting minutes. * * * * * * * * * * * * * * * * * * ** END OF SECTION 01200 09/17/93 PROJECT MEETINGS 01200 - 3 SECTION 01301 SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Submit to the Construction Manager, shop drawings, product data, certifications and samples required by the technical sections. 2. Prepare and submit a separate schedule listing dates for submission and dates for review. B. Related Sections: 1. Section 00750 - GENERAL CONDITIONS 2. Individual submittals required: refer to each specific section, for certifications, shop drawings, product data and sample requirements. 1.2 SUBMITTAL TRANSMITTAL FORM A. Attached, and made a part of this section 01301, is a copy of the submittal Transmittal Form, which shall be filled out by the contractor and submitted with each and every submittal. Follow the instruction sheet, also attached, for directions on this procedure. It is essential that the submittal Transmittal Forms are filled out in their entirety for the system to function properly. B. Transmittal Form, originals for contractors use, will be supplied by the Construction Manager, and is a 6- part form. 1.3 SUBMITTAL SCHEDULE A. The Contractor shall submit within seven (7) days of award of the Contract a preliminary "Submittal Schedule" to the Construction Manager for review, modification and response. No payment applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information: 1. Specification Section number and name. 2. Specification Section paragraph identification which describes submittal requirement. 09/17/93 SUBMITTALS 01301 - 1 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). B. The Contractor shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted and received by the Construction Manager. 2. Date contractor has scheduled to order material or equipment or the submittal item. 3. Date contractor has scheduled delivery to job -site of material or equipment or the submittal item. 4. Add any remarks or unique items that the CM or A/E should be aware of. C. The Contractor shall allow a minimum of (2) weeks for review of submittal by A/E (in calendar days). D. The submittal master record will then be used to track submittals within the process. 1.4 SHOP DRAWINGS A. Submit legible shop drawings in the form of positive printing reproducible transparencies, commonly called sepia prints, suitable for reproduction use on dry print diazo type machines. Sepia prints which cannot be reproduced will be returned to the Contractor for re- submittal. B. Provide shop drawings as complete submittals (no partial sets) on original drawings or information prepared solely by the fabricator or supplier. Deviation from complete submittals will only be allowed by pre- arranged method. - C. Do not reproduce the Contract Drawings for shop drawing submittals. D. Sheet sizes shall not exceed the size of the Contract Drawings. E. Each sepia print shall have blank spaces large enough to accept 4" x 4" review stamps of the Architect and the Contractor. F. Each sepia print shall carry the following information: 1. Project name and contract number. 2. Date. 09/17/93 SUBMITTALS 01301 - 2 3. Names of: a. The Architect b. The Construction Manager c. The Contractor d. Supplier e. Manufacturer 4. Identification of product or material. 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly stated as such. 7. Specification Section number. 8. Applicable standards such as ASTM or Federal Specification. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and /or detain number. G. Submit sepia prints without folds either as flat sheets if size permits, or rolled in tubes. H. The contractor shall submit (2) reproducibles and (4) blueline or blackline sets to the CM. The CM will return (1) reproducible to the contractor after review /return from the A /E. 1.5 PRODUCT DATA A. Product data such as catalog cuts, brochures or manufacturer's sheets may be submitted in lieu of sepia prints if adequately identified. Submit seven copies of product data to the Construction Manager. B. Modify product data sheets to delete information which is not applicable to the Project. Provide additional information if necessary to supplement standard information. C. Product data sheets that are submitted with extraneous information not deleted and /or modified will be returned without review to the Contractor for re- submittal. D. The contractor shall submit at a minimum, (1) original and (6) copies to the CM. The CM will return (2) copies to the contractor after review /return by the A /E. 09/17/93 SUBMITTALS 01301 - 3 1.6 SAMPLES A. Provide samples to illustrate materials, equipment or workmanship, and to establish standards by which completed work may be judged. B. Construct mock -ups as required by the technical sections, at the Project Site in a location designated by the Construction Manager. Construct mock -ups, including adjacent work required, to demonstrate the final appearance of the Work. C. The contractor shall submit (3) samples to the CM, and (1) will be returned to the contractor after review /return from the A /E. 1.7 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Contractor's letterhead stationary. Certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the Owner /Contractor agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents. Attach manufacturer's affidavits where applicable. C. The contractor shall submit (1) original and (6) copies to the CM. The CM will return (2) sets to the contractor after review /return from the A /E. 1.8 THE CONTRACTOR'S RESPONSIBILITIES A. Before making submittals to the Construction Manager, review each submittal, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to the Construction Manager for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to the Construction Manager. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. 09/17/93 SUBMITTALS 01301 - 4 C. Verify field measurements and product catalog numbers IL , or similar data. D. Clearly identify on the submittal and transmittal to the Construction Manager in writing of deviations in submittals from the requirements of the Contract Documents. E. After the Construction Manager's and the Architect's review, distribute copies with one copy to be maintained at the Project Site for reference use and other copies distributed to suppliers and fabricators. F. Do not begin the Work which requires submittals until return of submittals with the Construction Manager's and the Architect's stamp and initials indicating review. G. The Contractor's responsibility for errors and omissions in submittals is not relieved by the Construction Manager's or the Architect's review of submittals. H. The Contractor's responsibility for deviations in submittals from requirements of the Contract Documents is not relieved by the Construction Manager's or the Architect's review of submittals unless the Architect gives written acceptance of specific deviations. 1.9 THE CONSTRUCTION MANAGER'S RESPONSIBILITIES A. The Construction Manager will return to the Contractor, without review, all submittals not bearing the Contractor's review stamp or not showing it has been reviewed by the Contractor. B. After the Architect's review, the Construction Manager will forward submittals to the Contractor and retain one copy for the Owner. The Contractor shall distribute copies including other copies distributed to suppliers and fabricators. The Contractor shall supply copies of reviewed submittals to the Construction Manager in sufficient quantity to allow proper coordination of the Contract. 1.10 THE ARCHITECT'S RESPONSIBILITIES A. The Architect will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with information given in the Contract Documents. 09/17/93 SUBMITTALS 01301 - 5 B. The Architect will make changes or notations directly on the submittal, identify such review with his review stamp, obtain and record the Architect file copy and return the submittal to the Construction Manager. * * * * * * * * * * * * * * ** END OF SECTION 01301 09/17/93 SUBMITTALS 01301 - 6 /o - . - - ccr� a ctio k z ) To J tr \ 9 D > g n 8 • § o z W d E ° w d w k > $ k z CC 0 @ z £ ( u § . . ( g o b 3 E I- S § z / 3 \ § [ D ' iii F 3 D o z k i 2 u_m e0 o tii W § [ ( 4110( e 5 o 0 E ■ m 2 § § te P D E • § 9 _ / . 2G �� fe e u. E e ® b ` z Ill 03 TS ▪ = q k 0 \ Q • & E OE 0 § E 63 c 0 co a o cc2 . 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O � }� W N m6 II/ o3 Cy -NC7 a N ui 1: co- cm NU an of - - -N m3 CO m .- NNa a m ci 0 O ;figN r q O • u7 ca 1 § ' r 0 N w a c i N N E m ii = N ¢ °• O r0. — < Y o o O W W 0 c O ' j CD C m i u z O el c c m ¢ g Y c > i o: U m m 2c m a 03 O s r aaQZtrOQ N 4 <m000u. i a 5 O r E O O L O ° Q Y ° � r t H 1 o 1 fl ° {s q i. _L o y • 7 ¢ H Q p » g o aC N C N 0 . O o g 3 as o¢ • v, Z , = Qf eN 0 H •� C t6 m J j F c 0 0, 0 U Ca c to t i9 u a LL u O s w o�Er c � i N O mm � Q N O L l Q (0 m t0 w m 5 w C O i i UlnUfnUU - J �d : 3 1 W r V a W a e 14 A a i I- c ° n O u)O U 3 I- J 2a 09/17/93 SUBMITTALS 01301 — 8 SECTION 01310 PROGRESS SCHEDULES PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Progress schedules 2. Revisions to schedules B. Related sections: 1. SCOPE OF WORK C. Description: 1. Progress Schedules: Promptly after award of the Contract, prepare and submit to the Construction Manager, construction progress schedules for the work, with subschedules of related activities which are essential to its progress. Also incorporate manpower loading related to each activity on the construction schedule. 2. Revisions to Schedule: Submit revised /updated progress schedules with each payment application. 1..2 FORMAT A. Prepare Progress Schedules as a horizontal bar chart with separate bar for each major portion of Work or operation, identifying the first work day of each week. B. Include numeric manpower loading associated with each horizontal bar, clearly defined. C. Scale and spacing: to provide space for notations and revisions. D. Sheet size: minimum 8 -1/2" x 11 ". 1..3 CONTENT A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. 09/17/93 PROGRESS SCHEDULES 01310 - 1 B. Identify work of separate stages and other logically grouped activities. C. Provide sub - schedules to define critical portions of the entire schedule. D. Submit separate schedule of submittal dates for shop drawings, product data, and samples, including the Owner furnished products and products identified under allowances and dates reviewed submittals will be required from the Architect. Reference Section 01301 - Submittals. 1..4 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1..5 SUBMITTALS A. Submit initial schedules within (3) days after award of Contract. 1. The Construction Manager will review schedules and return review copy within ten (10) days after receipt. 2. If required, re- submit within seven (7) days after return of review copy. 3. Submit revised Progress Schedules with each Application for Payment. 1..6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. 09/17/93 PROGRESS SCHEDULES 01310 - 2 3. Other concerned parties. B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. Note: It is not incumbent upon the Construction Manager to notify the Trade Contractor when to begin, to cease, or to resume work nor to give early notice of faulty or defective work, nor in any way to superintend so as to relieve the Trade Contractor of responsibility or of any consequence of neglect or carelessness. * * * * * * * * * * * * ** END OF SECTION 01310 Cir 09/17/93 PROGRESS SCHEDULES 01310 - 3 SECTION 01370 SCHEDULE OF VALUES PART 1 - GENERAL 1..1 SUMMARY A. 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 Construction Manager, support the values with data which will substantiate their correctness. 3. The Schedule of Values, unless objected to by the Construction Manager, forms the basis for the Contractor's Applications for Payment. 1..2 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on AIA G703 Form; the Contractor's standard forms and automated printout will be considered by the Construction Manager upon the Contractor's request. Identify schedule with: 1. Title of Project and location. 2. The Architect and Construction Manager. 3. Name and Address of the Contractor. 4. Contract designation. 5. Date of submission. B. List the installed value of the component parts of the Work (broken down into labor and material and physical location) in sufficient detail to serve as a basis for computing values for progress payments during construction. C. Follow the Specifications as the format for listing component items. 1. Identify each line item with the number and title of the respective major section of the Specifications. D. Itemize separate line item cost for each of the following general cost items: 1. Mobilization. 2. Bonds, Insurance and Permits. 3. General Conditions spread over project duration on monthly basis. 4. Clean -up. 5. Submittals. 09/17/93 SCHEDULE OF VALUES 01370 - 1 6. Safety. E. For each major line item list sub - values of major products or operations under the item. F. For the various portions of the Work: 1. Include a directly proportional amount of the Contractor's overhead and profit for each item. 2. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. b. The total installed value. 3. Submit a subschedule for each separate stage of work specified in Section 00300. G. The sum of values listed in the schedule shall equal the total Contract Sum. 1..3 SUBSCHEDULE OF UNIT MATERIAL VALUES A. Submit a subschedule of unit costs and quantities for: 1. Products on which progress payments will be requested for stored products. B. The form of submittal shall parallel that of the Schedule of Values, with each item identified the same as the line item in the Schedule of Values. C. The unit quantity for bulk materials shall include an allowance for normal waste. D. Provide unit values for the materials as follows: 1. Cost of the material, delivered and unloaded at the Site, with taxes paid. 2. Installation costs, including the Contractor's overhead and profit. E. The installed unit value multiplied by the quantity listed shall equal the cost of that item in the Schedule of Values. 1..4 REVIEW AND SUBMITTAL A. After review by Construction Manager, revise and resubmit schedule (and Schedule of Material Values) as required. B. Resubmit revised schedule in same manner. * * * * * * * * * * * ** END OF SECTION 01370 09/17/93 SCHEDULE OF VALUES 01370 - 2 SECTION 01385 DAILY CONSTRUCTION REPORTS PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Requirement for Daily Construction Reports by each Contractor. 2. Scheduled submission times for Daily Construction Reports. 1..2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS A. Daily Construction Reports shall be submitted by each and every Contractor performing work on the project. Forms to be used will be furnished by the Construction Manager. Items to be addressed on the Report are: 1. Title of Project 2. Name of Contractor 3. Date and day of Report information. For example, you performed work on Thursday, April 18, 1991, so you would therefore use "Thursday, 4/18/91." This holds true even if you did not complete filling out the Report until Friday, 4/19/91. 4. Contract designation. 5. Note any major Shipments received on that particular day. 6. Note major equipment used that day. 7. Note manpower used, and designate what trades. For example, if you were the mechanical contractor, you would also list how many insulators, pipefitters, etc. that you were also managing, even if they were subcontractors. In addition, list the names of the subcontractors that were on -site that day. 8. Note any deficiencies in your work, and corrective actions taken to resolve the deficiencies. 9. Note any safety violations discovered, whether or not caused by your forces. 10. Provide a full description of work performed that day, and any problems or unusual conditions discovered. 11. Report is to be signed by the authorized representative of the contractor, and should the signature not be legible, print the name of the signer next to the signature. C 09/17/93 DAILY CONSTRUCTION REPORTS 01385 - 1 1..3 SCHEDULE OF SUBMITTING DAILY REPORTS A. Daily Reports are to be submitted at the designated location described in the pre- construction meeting. Contractors are to submit the original of their report, and should keep a copy for their records. The Construction Manager's photocopying facilities are not to be used in the reproduction for submission of the reports. B. Submit Daily Reports no later than 9:OOam the day following the day of the work described in that particular report. No exceptions to this rule will be accepted. Should contractor fail to comply with these instructions, the contractor's payment application for the following month will be held in abeyance until such time the contractor properly submits the delinquent reports. * * * * * * * * * * * ** END OF SECTION 01385 09/17/93 DAILY CONSTRUCTION REPORTS 01385 - 2 SECTION 01395 DOCUMENT CLARIFICATION REQUESTS (DCR) PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Notification of Construction Manager in the event errors, field conflicts, and omissions are found in the Contract Documents, or clarifications are necessary. 2. Utilization of DCR form. B. Related Sections: 1. General Conditions Article 2.3 2. General Conditions Article 8.3.2 3. General Conditions Article 12.3 1.2 FORM AND CONTENT OF DOCUMENT CLARIFICATION REPORTS A. All errors, field conflicts, and omissions in the Contract Documents shall be brought to the attention of the Construction Manager immediately. If clarifications are necessary, the request is to be conveyed to the CM. The DCR is a tool established to provide expedient clarifications of contract drawings, specifications or field conflicts. It is not meant to be a substitute for good communication. B. The DCR is not meant for formal notification of extra work. Reference General Conditions paragraph 8.3.2 and 12.3, when formal correspondence is required for formal notification of time extensions, and for cost change notifications. C. The contractor should propose a solution, and enter on the form in sufficient detail necessary for the A/E or CM to confirm the contractor's proposed solution. D. The contractor is also required to mention all other trade work which is affected by the problem, and all trade work which will be affected by the proposed solution. rire 09/17/93 DOCUMENT CLARIFICATION REQUESTS 01395 - 1 1.3 UTILIZATION OF DCR FORM A. The CM will make available the DCR forms for the contractors use. Attached is a copy of the DCR form and the instruction sheet. * * * * * * * * * * * * * * * * * * * ** END OF SECTION 01395 J 09/17/93 DOCUMENT CLARIFICATION REQUESTS 01395 - 2 DOCUMENT CLARIFICATION REQUEST No. From: To: Morrison- Knudsen/Gerrits Contract No. P. O. Box 5283 Key West, FL 33045 Receipt (305) 292 -7845 Logged: Problem By: Dwg/Spec No./Revision/Detail/Sect No. A/E Project No. Civil Structural Architectural Security PLB HVAC Electrical Specs . Subject: Problem & suggested solution: MK/G Review: Solution: Solution by: l Date: MK/G: l Date: UCRU1 09/17/93 DOCUMENT CLARIFICATION REQUESTS 01395 — 3 A. 8, Contractor: 1. Fro••: The DCR will always be from the prime contractor. Subcontractors to the prime contractor shall submit DCR's through their prime contractor. 2. Problem By: This can be the subcontractor, or the prime contractor, or the established prime contractor representative, or the established subcontractor representative. 3. Contract No.: This is the approved contract, contract number. 4. Drawing No.: Here insert as much information as possible to describe the location in the contract documents of the particular problem you are asking clarification. Include revision level of drawings, and date. Include detail numbers, include section numbers, include specification section numbers, paragraph locations, all as applicable. S. Civil, Structural, etc.: Here note the particular division of work the DCR applies to. 6. Subject: Here insert brief, clear, concise caption subject, which is representative of problem area. • DOCUMENT CLARMCATTON REQUEST ho. 7. Problem i Suggested Solution: Describe in as such detail ( 3 P O. B as necessary, the problem to which clarification is From To: n - 52a., mm N xGe Cocoon o needed. If additional space is needed, add extra sheets Rev 3300 Ramiro to back, and reference attachments in this area no. 7. (30)291•71M5 fie. 9 � Draw sketches if necessary. Make photocopy of particular r im 1.0 drawing detail and attach if necessary. hobkm Br: e AS rmlea I ��,�� _ru _ NVA C _ [konol _sum B By Morrison - Knudsen /Gerrits: Q - - .. 8. DCR No.: Numbers will be assigned as follows: 14.4x. k wl 6 �ea � alum Kx xxx xxx /'1 Project Contractor No. Sequential No. l � For instance, the first DCR from the contractor of Contract No. 001 on the New Detention Facility, would be: KJ- 001 -001 As another example: The seventh consecutive DCR logged on the New Detention Facility, was received from the contractor of Contract No. 005, would be: KJ- 005 -007 9. Receipt Logged: This will be the date received by the 1 wsoMyra h 1' L CM from the contractor, and will serve as the reference � C date. sa.m 10. A/E Project No.: The A /E's project number will be inserted here, where and when applicable. CCC 11. MK /G Review: This will be the signature or initials of the Construction Manager, upon review of the problem, with the date of sign -off. 12. MK /G Review: This will be the signature or initials of the Construction Manager, upon review of the solution. 13. Date: This will be the date of MX /G review and sign- rr,,�F, off. lAROr� I I tlK6 ' I ( C. By Architect /Engineer: 14. Solution: The A/E will here insert the solution to the problem, or answer in some other fashion the clarification being requested. The A/E may herein confirm the contractor's proposed solution. 15. Solution By: The entity providing the solution is to sign here. This may be the Construction Manager when particular clarifications are being requested that can be answered by the CM. Otherwise, it will be the A/E representative. 16. Date: This will be the date of sign -off, or answering the DCR by the A /E. D. Part-By -Part Distribution of 6 -part DCR Form: a. When the contractor submits DCR, he will retain Goldenrod copy. b. When received by the contractor, CM will retain pink copy. c. The DCR then is submitted to the A /E. Once answered, the A/E returns to CM, but retains Canary copy. d. CM reviews answer, and sends Green copy back to contractor. CM will retain original White copy for office files, and Blue copy will go to the job -site. 09/17/93 DOCUMENT CLARIFICATION REQUESTS 01395 - 4 SECTION 01410 TESTING LABORATORY SERVICES PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Selection and payment 2. The Contractor submittals 3. Testing laboratory responsibilities 4. Testing laboratory reports 5. Limits on testing laboratory authority 6. The Contractor responsibilities 7. Schedule of inspections and tests B. 1. Section 00750 - GENERAL CONDITIONS 2. Section 01700 - CONTRACT CLOSEOUT 3. Section 01800 - SOIL BORING DATA 4. Individual Specification Sections: inspections and tests required, and standards for testing. 1..2 REFERENCES A. ASTM D -3740 - : Practice for Evaluation of Agencies in Testing and /or Inspection of Soil and Rock as Used in Engineering Design and Construction. B. ASTM E -329 - Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as used in Construction. 1..3 SELECTION AND PAYMENT A. The Owner will employ and pay for services of an independent testing laboratory to perform specified inspection and testing indicated in technical Specification Sections. B. Employment of testing laboratory shall in no way relieve the Contractor of obligation to perform the Work in accordance with requirements of the Contract Documents. 09/17/93 TESTING LABORATORY SERVICES 01410 - 1 1..4 QUALITY ASSURANCE A. Comply with requirements of ASTM E -329 and ASTM D- 3740. B. Testing laboratory: authorized to operate in the State of Florida. C. Testing laboratory staff: maintain a full time registered Engineer on staff to review services. D. Testing Equipment: calibrated at reasonable intervals with devices of an accuracy traceable to either National Bureau of Standards (NBS) Standards or accepted values of natural physical constants. E. Meet "Recommended Requirements for Independent Laboratory Qualification ", published by American Council of Independent Laboratories. 1..5 TESTING LABORATORY RESPONSIBILITIES A. Test samples of mixes. B. Provide qualified personnel at the Site. Cooperate with the Architect, Construction Manager and the Contractor in performance of services. C. Perform specified inspection, sampling, and testing of Products in accordance with specified standards. D. Ascertain compliance of materials and mixes with requirements of the Contract Documents. E. Promptly notify the Construction Manager and the Contractor of observed irregularities or non- conformance of the Work or products. F. Perform additional inspections and tests required by the A/E and Construction Manager. 1..7 TESTING LABORATORY REPORTS A. After each inspection and test, promptly submit two copies of testing laboratory report to the Construction Manager, for forwarding to the A/E and the Contractor. B. Include: 1. Date issued 2. Project title and number 3. Name of inspector 4. Date and time of sampling or inspection 09/17/93 TESTING LABORATORY SERVICES 01410 - 2 5. Identification of product and Specifications Section 6. Location in the Project 7. Type of inspection or test 8. Date of test 9. Results of test 10. Conformance with the Contract Documents C. When requested by the Construction Manager or A /E, provide interpretation of test results. 1..8 LIMITS ON TESTING LABORATORY AUTHORITY A. The testing laboratory may not release, revoke, alter, or enlarge on requirements of the Contract Documents. B. The testing laboratory may not approve or accept any portion of the Work. C. The testing laboratory may not assume any duties of the Contractor. D. The testing laboratory has no authority to stop the Work. 1..9 THE CONTRACTOR RESPONSIBILITIES C oo A. Deliver to the testing laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. B. Cooperate with testing laboratory personnel, and provide access to the Work and to the manufacturer's facilities. C. Provide incidental labor and facilities to provide access to the Work to be tested, to obtain and handle samples at the Site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples. D. Notify the Construction Manager and the testing laboratory 24 hours prior to expected time for operations requiring inspection and testing services. E. Employ services of a separate qualified testing laboratory and pay for additional samples and tests which are beyond the specified requirements. 09/17/93 TESTING LABORATORY SERVICES 01410 - 3 1..10 RETEST RESPONSIBILITY A. Where the results of required inspections, tests, or similar services prove unsatisfactory and do not indicate compliance with the requirements of the Contract Documents, the retests shall be the responsibility of the Contractor regardless of whether the original test was the Contractor's responsibility. B. Retesting of the work revised or replaced by the Contractor is the Contractor's responsibility where required tests were performed on original work. Costs and fees for retesting shall be paid by the Contractor. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used * * * * * * * * * * * * ** END OF SECTION 01410 09/17/93 TESTING LABORATORY SERVICES 01410 - 4 SECTION 01510 TEMPORARY UTILITIES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Temporary utilities required for construction. PART 2 - PRODUCTS 2.1 MATERIALS - GENERAL A. Materials shall be new, adequate in capacity for the required usage, not create unsafe conditions, not violate requirements of applicable codes and standards, and comply with NEC Art. 305 - Temporary Wiring. 2.2 TEMPORARY ELECTRICITY A. The Contractor shall furnish, install and maintain, temporary electric power service for construction needs throughout the construction period and shall remove such service on completion of the work. 1. Power centers for miscellaneous tools and equipment used in the Work will be provided by the Contractor as follows: a. distribution boxes with minimum of four double - duplex 15 Amp, 120 -Volt grounded outlets, with GFCI Protection for personnel. See Detail "B ". b. located so that power is available at any point of use with not more than 100 ft. power cords. c. minimum: one power center on each floor. d. circuit - breaker protection for each outlet. 2. The capacity of each power center in 1. above shall be 120/240 volts single phase, minimum 50 Amps. 3. The Contractor shall furnish, install, and maintain all equipment and wiring required to distribute the power, up to and including the power services. 09/17/93 TEMPORARY UTILITIES 01510 - 1 4. The Contractor shall pay all costs of installation, maintenance, and removal of temporary services. vid 5. Materials shall be new, and must be adequate in capacity for required usage, and must not violate the requirements of applicable codes and standards. Materials used for temporary service shall not be reused in the permanent system. 6. The Contractor shall comply with all applicable requirements specified in National Electric Code Art. 305 when installing the temporary electric power service, shall maintain the system to provide continuous service and shall modify and extend the service as the progress of the Work requires. 7. The Contractor shall completely remove all temporary materials and equipment at Project Completion. Underground lines may be disconnected and abandoned in place with approval of the Construction Manager. 8. Feeders to distribution panels from distribution shed shall be 400 feet maximum length, with two hot legs and one neutral of the same size as per NEC Table 310 -16 and Article 210 -19a FPN. 9. Circuits to Power Centers from Distribution Panels shall be installed per NEC Art. 305. 10. Feeders and Branch Circuits in 15. and 16. above shall be protected from physical damage. 2.3 TEMPORARY TELEPHONE SERVICE A. The Contractor shall be responsible for arranging with the local telephone service company to provide telephone service at the construction site. The Contractor shall pay all costs for installation, maintenance, removal and service charges for such service. 2.4 TEMPORARY LIGHTING A. The Contractor shall furnish, install and maintain temporary lighting for construction needs throughout the construction period and shall remove such temporary lighting on completion of the Work. 09/17/93 TEMPORARY UTILITIES 01510 - 2 1. Temporary artificial lighting shall be provided in enclosed Work areas and all other work areas when natural lighting does not meet minimum requirements. Temporary artificial lighting in Work areas shall produce uniform illumination of 20 -foot candles. 2.5 TEMPORARY WATER A. The Contractor will arrange and pay utility service company, to provide water for construction purposes. In addition, the Contractor is responsible for providing potable drinking water for his personnel and employees, as well as suitable containers, ice and salt tablets in sufficient quantity to meet the needs of his labor force. 2.6 TEMPORARY HEATING, COOLING AND VENTILATING The Contractor shall be responsible for providing, and operating and maintaining temporary heating, cooling and ventilating, as required, to maintain adequate environmental conditions to facilitate the progress of his Work; to meet minimum condition for the installation of materials; and to protect materials and finishes from damage due to temperature or humidity. The Contractor, subject to the approval and direction of the Construction Manager, shall: 1. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors, or gases. 2. If portable heaters are required, utilize only UL approved units complete with controls. 3. Insure that all safety devices specified for operation of equipment are functioning properly. 4. Pay all costs of providing, operating, maintaining, and removing such temporary heating, cooling, and ventilating equipment as may be required. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 09/17/93 TEMPORARY UTILITIES 01510 - 3 2.7 TEMPORARY SANITARY FACILITIES A. The Contractor will provide sanitary facilities in compliance with laws and regulations. B. The Contractor will service, clean and maintain facilities and enclosures. 2.8 TEMPORARY FIRE PROTECTION The Contractor shall furnish, install and maintain temporary fire protection equipment, materials, supplies and service within the buildings throughout the construction period in accordance with the requirements of all applicable codes and standards. Each floor shall have a temporary fire protection system. 2.9 REMOVAL A. Completely remove temporary materials and equipment when their use is no longer required. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore permanent facilities used for temporary services to specified condition. 1. Prior to final painting, the Contractor shall remove temporary lamps and install new lamps. 2. Prior to final inspection, the Contractor shall replace filters and worn or consumed parts of mechanical equipment. * * * * * * * * * * * * * ** END OF SECTION 01510 09/17/93 TEMPORARY UTILITIES 01510 - 4 SECTION 01520 CONSTRUCTION AIDS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Construction aids 2. Temporary enclosures 1.2 REQUIREMENTS OF REGULATORY AGENCIES B. Comply with Federal, State and local codes and regulations. PART 2 - PRODUCTS 2..1 MATERIALS - GENERAL A. Materials may be new or used, suitable for the intended use and shall not violate requirements of applicable codes and standards. 2..2 CONSTRUCTION AIDS A. The Contractor shall be responsible for furnishing, installing, maintaining, and removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, chutes, and other such facilities and equipment required by his personnel to insure their safety and facilitate the execution of the Work. 1. The Contractor shall comply with all Federal, State and local codes, laws and regulations governing such construction aids. 2. The Contractor shall relocate such construction aids as required by the progress of construction, by storage or work requirements, and to accommodate the legitimate requirements of the Owner or Construction Manager or other separate contractors employed at the site. 3. The Contractor shall completely remove temporary scaffolds, access, platforms, and other such materials, facilities, and equipment, at the 09/17/93 CONSTRUCTION AIDS 01520 - 1 completion of the Work or when construction needs can be met by the use of the permanent construction, provided the Construction Manager has approved and authorized such use. The Contractor shall clean up and shall repair any damage caused by the installation or by the use of such temporary construction aids. The Contractor shall restore any permanent facilities used for temporary purposes to their specified condition. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 2..3 TEMPORARY ENCLOSURES A. The Contractor responsible for installing the permanent closure in an opening in an exterior wall shall be responsible for installing, maintaining, and removing, as the Work progresses, a temporary weather -tight enclosure for that opening as necessary to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating, and to prevent entry of unauthorized persons. 1. The Contractor shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by the Construction Manager. 2. Temporary enclosures shall be removable as necessary for the Work and for handling of materials. 3. Temporary enclosures shall be completely removed when construction needs can be met by the use of the permanent closures. 4. The Contractor responsible for providing, maintaining, and removing the temporary enclosure shall clean and shall repair any damage caused by the installation of such enclosure. 5. The Contractor shall remain responsible for insuring that his work, material, equipment, supplies, tools, machinery, and construction equipment is adequately protected from damage or theft and shall provide, maintain and remove such additional temporary enclosures as may be deemed necessary. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. * * * * * * * * * * * * * * * * * * * * * * * * ** END OF SECTION 01520 09/17/93 CONSTRUCTION AIDS 01520 - 2 SECTION 01550 ACCESS ROADS AND PARKING AREAS A. The Contractor shall be responsible for installing and maintaining, until the completion of his Work any temporary access roads or parking facilities required by his Work, other than that which has been provided or required by the Owner. B. Any Contractor excavating across an access road or parking area shall backfill and compact his excavation and resurface the road or parking area to match the existing surface. The Contractor shall comply with all applicable Specifications when so doing. * * * * * * * * * * * * * * * * * * * * * ** END OF SECTION 01550 t ow Cie 09/17/93 ACCESS ROADS AND PARKING AREAS 01550 - 1 SECTION 01560 TEMPORARY CONTROLS PART 1 - GENERAL 1..1 SUMMARY A. Section Includes: 1. Water control 2. Dust control 3. Erosion and sediment control 4. Pollution control B. Related sections: 1. SCOPES OF WORK 1..2 WATER CONTROL A. Contractor shall grade site to drain. B. Protect site from puddling or running water. Provide water barriers to protect site from soil erosion. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. 1..3 DUST CONTROL A. Execute the Work by methods to minimize raising dust from construction operations. B. Provide positive means to prevent airborne dust from dispersing into atmosphere. 1..4 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B. Minimize amount of bare soil exposed at one time. C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. 09/17/93 TEMPORARY CONTROLS 01560 - 1 E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 1..5 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. * * * * * * * * * * * * * * * * * * * * * * ** END OF SECTION 01560 NO 09/17/93 TEMPORARY CONTROLS 01560 - 2 SECTION 01580 PROJECT IDENTIFICATION AND SIGNS A project sign is not required for this contract. * * * * * * * * * * * * * * * * * * ** END OF SECTION 01580 09/17/93 PROJECT IDENTIFICATION AND SIGNS 01580 - 1 SECTION 01590 FIELD OFFICES AND SHEDS A. The Contractor, if he deems it necessary, may furnish, install, and maintain a temporary field office for his use and the use of his employees during the construction period. B. The Contractor shall furnish, install, and maintain temporary storage and work sheds to adequately protect his work, materials, equipment, supplies, tools, machinery, and construction equipment from damage and theft. C. The Contractor shall arrange his field office and sheds so as not to interfere with the construction. The locations of field offices and sheds shall be coordinated with the Construction Manager. The type, size and location of field offices and sheds is subject to approval by the Construction Manager. D. The Contractor shall arrange and pay for temporary electricity and telephone service for his field office and sheds, if he should require such services. E. The Contractor shall relocate his field office and sheds as directed by the Construction Manager, at no additional cost to the Owner or Construction Manager. F. The Contractor shall completely remove his field office and sheds on completion of the Work or when directed by the Construction Manager. The Contractor shall remove all debris and rubbish and shall place the area in a clean and orderly condition. G. The Construction Manager as soon as reasonably possible will establish a field office on the site and will maintain such an office during the entire construction period. * * * * * * * * * * * * ** END OF SECTION 01590 09/17/93 FIELD OFFICES AND SHEDS 01590 - 1 SECTION 01595 CONSTRUCTION CLEANING PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Cleaning during progress of work. 1..2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti - pollution laws. 1. Do not burn or bury rubbish and waste materials on Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2..1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. D. Sweeping compounds used in cleaning operations shall leave no residue on concrete floor surfaces that may affect installation of finish flooring materials. PART 3 - EXECUTION 3..1 DURING CONSTRUCTION A. Execute cleaning to keep the Work, the Site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from 09/17/93 CONSTRUCTION CLEANING 01595 - 1 construction operations. B. Provide on -site containers for the collection of waste materials, debris, and rubbish. C. Dispose of waste materials, debris and rubbish off the Site. D. Trash containers shall be provided by Contractor and located in trash accumulation areas designated by the Construction Manager. Contractor each day shall collect and deposit in the containers, all rubbish, waste materials, debris, and other trash from his operations, including any trash generated by his employees during lunch periods or coffee breaks. Shipping dunnage is to be removed by the receiving contractor. Paper, boxes and bulk packaging shall be folded or cut into reasonable sizes and shapes as appropriate and confined to prevent loss of trash due to wind relocation. Full trash containers shall be disposed and replaced as necessary to maintain above requirements and /or as directed by Construction Manager. * * * * * * * * * * ** END OF SECTION 01595 09/17/93 CONSTRUCTION CLEANING 01595 - 2 NJO SECTION 01600 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Products 2. Transportation and handling 3. Storage and protection 4. Security 1..2 PRODUCTS A. Products: means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1..3 TRANSPORTATION AND HANDLING A. The Contractor shall be responsible for the transportation of all materials and equipment furnished under this contract. Unless otherwise noted, the Contractor shall also be responsible for loading, receiving and off - loading at the site all material and equipment installed under this Contract, whether furnished by the Contractor or the Owner. The Contractor shall be responsible for coordinating the installation within the buildings of equipment that is too large to pass through finished openings. B. Transport and handle products in accordance with manufacturer's instructions. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and C lve 09/17/93 MATERIAL AND EQUIPMENT 01600 - 1 products are undamaged. D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1..4 STORAGE AND PROTECTION The Contractor shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on site but not adequately protected will not be included in estimates for payment. Except for materials stored within designated and approved storage sheds, vans, or trailers, the Contractor shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Contractor shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1..5 SECURITY A. The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used * * * * * * * * * * * ** END OF SECTION 01600 09/17/93 MATERIAL AND EQUIPMENT 01600 - 2 SECTION 01630 POST -BID SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Post -bid substitutions 1.2 SUBSTITUTIONS A. Base Bid shall be in accordance with the Contract Documents. B. After the end of the bidding period, substitution requests will be considered only in the case of: 1. Product unavailability 2. Other conditions beyond the control of the Contractor. C. Submit a separate request for each substitution. Support each request with the following information: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. c. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. 7. Designation of required license fees or royalties. 09/17/93 POST -BID SUBSTITUTIONS 01630 - 1 8. Designation of availability of maintenance services, sources of replacement materials. D. Substitutions will not be considered for acceptance when: 1. A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Bidder. 2. Acceptance will require substantial revision of Contract Documents. 3. In judgement of Architect the substitution request does not include adequate information necessary for a complete evaluation. 4. Requested directly by a subcontractor or supplier. E. Do not order or install substitute products without written acceptance of Architect /Engineer. F. Architect will determine acceptability of proposed substitutions. G. No verbal or written approvals other than by Change Order will be valid. 1..3 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution the Contractor represents that: 1. The proposed product has been investigated and it has been determined that it is equivalent to or superior in all respects to the product specified. 2. The same warranties or bonds will be provided for the substitute product as for the product specified. 3. Coordination and installation of the accepted substitution into the Work will be accomplished and changes as may be required for the Work to be complete will be accomplished. 4. Claims for additional costs caused by substitution which may subsequently become apparent will be waived by the Contractor. 5. Complete cost data is attached and includes related costs under the Contract, but not: a. Costs under separate contracts. b. Architect's costs for redesign or revision of Contract Documents. 1..4 POST -BID SUBSTITUTION FORM A. The form is attached to this section. 09/17/93 POST -BID SUBSTITUTIONS 01630 - 2 B. Substitutions will be considered only when the attached form is completed and included with the submittal with back -up data. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used 09/17/93 POST -BID SUBSTITUTIONS 01630 - 3 TO: Project Architect We hereby submit for your consideration the following product instead of the specified item for the above project: DRAWING NO. DRAWING NAME SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete information on changes to Drawings and /or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: Signature Title Noe Firm Address Telephone Date Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by the Architect: For use by the Owner: Recommended Recommended as noted Approved Not Recommended Received too late Not Approved Insufficient data received Approved as noted By B y Date Date 09/17/93 POST -BID SUBSTITUTIONS 01630 - 4 Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes. B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ _) I. Designation of maintenance services and sources: (Attach additional sheets if required.) * * * * * * * * * * * * * * ** END OF DOCUMENT 01630 09/17/93 POST -BID SUBSTITUTIONS 01630 - 5 SECTION 01650 STARTING OF SYSTEMS PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Starting systems 2. Demonstration and instructions 3. Testing, adjusting, and balancing B. Related sections: 1. SECTION 01700 - CONTRACT CLOSEOUT 1..2 STARTING SYSTEMS A. Coordinate schedule for start -up of various equipment and systems. B. Notify the Construction Manager seven days prior to start -up of each item. C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. D. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. E. Verify wiring and support components for equipment are complete and tested. F. Execute start -up under supervision of responsible manufacturer's representative in accordance with manufacturer's instructions. G. Execute start -up under supervision of the responsible Contractors' personnel in accordance with manufacturer's instructions. H. When specified in individual Specification Sections, require manufacturer to provide authorized representative to be present at the Site to inspect, check and approve equipment or system installation prior to start -up, and to supervise placing equipment or system in operation. I. Submit a certified written report that equipment or system has been properly installed and is functioning correctly. 09/17/93 STARTING OF SYSTEMS 01650 - 1 PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used * * * * * * * * * * * * ** END OF SECTION 01650 J 09/17/93 STARTING OF SYSTEMS 01650 - 2 SECTION 01670 SYSTEMS DEMONSTRATIONS PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Procedures for demonstration of equipment operation and instruction of the Owner's personnel. 1..2 QUALITY ASSURANCE A. When specified in individual Sections, provide manufacturer's authorized representative to demonstrate operation of equipment and systems, instruct the Owner's personnel and provide written report that demonstrations and instructions have been completed. B. The Owner will provide list of personnel to receive instructions, and will coordinate their attendance at agreed -upon times. 1..3 SUBMITTALS A. Submit preliminary schedule for the Owner's approval, listing times and date for demonstration of each item of equipment and each system, two weeks prior to proposed dates. B. Provide operating and maintenance manuals to owner (4) weeks prior to demonstrations. C. Submit reports within one week after completion of demonstrations, that demonstrations and instructions have been satisfactorily completed. Give time and date of each demonstration, and hours devoted to demonstration, with a list of persons present. PART 2 - PRODUCTS NOT USED 09/17/93 SYSTEMS DEMONSTRATIONS 01670 - 1 PART 3 - EXECUTION 3..1 PREPARATION A. Verify equipment has been inspected and put into operation; testing, adjusting, and balancing has been performed; and equipment and systems are fully operational. B. Have copies of completed operation and maintenance manuals at hand for use in demonstrations and instructions. 3..2 DEMONSTRATION AND INSTRUCTIONS A. Demonstrate operation and maintenance of equipment and systems to the Owner's personnel two weeks prior to date of final inspection. For equipment requiring seasonal operation, perform instructions for other seasons within six months. B. Use operation and maintenance manuals as basis of instruction. Review contents of manual with personnel in detail to explain aspects of operation and maintenance. C. Demonstrate start -up, operation, control, adjustment, maintenance, servicing, trouble- shooting and shutdown of each item of equipment at agreed -upon times, at designated location. D. Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instructions. 3..3 TIME ALLOCATED FOR INSTRUCTIONS A. The amount of time required for instruction on each item of equipment and system is specified in individual Sections. * * * * * * * * * * * * ** END OF SECTION 01670 09/17/93 SYSTEMS DEMONSTRATIONS 01670 - 2 SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Closeout procedures 2. Adjusting B. Related sections: 1. SECTION 01027 - APPLICATION FOR PAYMENT 2. SECTION 01650 - STARTING OF SYSTEMS 3. SECTION 01730 - OPERATION AND MAINTENANCE DATA 1..2 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three terminal activities: 1. Substantial Completion 2. Final Completion err 3. Final Payment 1..3 SUBSTANTIAL COMPLETION A. Submit to the Construction Manager when the Work is substantially complete: 1. A written notice that the Work, or designated portion thereof, is substantially complete. 2. A list of items to be completed or corrected (Punch List). 3. Request Substantial Completion Observation at a mutually agreeable date. 4. Certifications of systems and testing /balancing final reports. 5. Submit evidence of compliance with requirements of governing authorities: a. Certificate of Occupancy b. Certificates of Inspection: 1) Elevators 2) Mechanical systems 3) Electrical systems 4) Kitchen equipment 5) Fire protection system 6) Security system 09/17/93 CONTRACT CLOSEOUT 01700 - 1 B. Within a reasonable time after receipt of such notice, the Architect, the Construction Manager, the Contractor,and the Owner, will make an observation to determine the status of completion. C. Should the work be determined to not be substantially complete the following will occur: 1. The Construction Manager will promptly notify the Contractor in writing, giving the reasons. 2. The Contractor shall remedy the deficiencies in the Work, and send a second written notice of substantial completion. 3. The Work will be re- observed. D. When the Work is considered substantially complete, the following will occur: 1. The Construction Manager will prepare a Certificate of Substantial Completion on AIA Form G704, accompanied by the Contractor's Punch List of items to be completed or corrected, as verified and amended. Contract responsibilities are not altered by inclusion or omission of required Work from the punch list. 2. The certificate will be executed by all parties and distribution made. E. Complete or correct items identified on the punch list and required by the Contract requirements within time limit established by the certificate. 1..4 FINAL COMPLETION A. To attain final completion, the Contractor shall complete activities pertaining to substantial completion, complete Work on punch list items and submit written request to the Construction Manager for final inspection. B. When the Work is complete, the Contractor shall submit written certification that: 1. The Contract Documents have been reviewed. 2. Work has been inspected for compliance with the Contract Documents. 3. Work has been completed in accordance with the Contract Documents. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Work is completed and ready for final observation. C. The Architect, the Construction Manager, the Contractor 09/17/93 CONTRACT CLOSEOUT 01700 - 2 and the Owner will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. D. Should the Work be considered incomplete or defective: 1. The Construction Manager will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. The Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to the Construction Manager that the Work is Complete. 3. The Work will be reinspected. E. When the Work is acceptable under the Contract Documents the Contractor shall make closeout submittals. 1..5 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE ARCHITECT A. Project Record Documents: to requirements of SECTION 01720. B. Operating and maintenance data, instructions to the Owner's personnel: to requirements of SECTION 01730. °- C. Keys and keying schedule: to requirements of SECTION fir' 08710 & 11196. D. Spare parts and maintenance materials: to requirements of individual sections. E. Evidence of payment and release of liens: to requirements of General and Supplementary Conditions. 1..6 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Architect. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders b. Allowances c. Unit Prices d. Deductions for uncorrected Work e. Penalties and bonuses f. Deductions for liquidated damages g. Deductions for reinspection payments f ire 09/17/93 CONTRACT CLOSEOUT 01700 - 3 h. Other adjustments 3. Total Contract Sum, as adjusted 4. Previous payments 5. Sum remaining due C. The Construction Manager will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1..7 FINAL APPLICATION FOR PAYMENT A. The Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. PART 2 - PRODUCTS Not used PART 3 - EXECUTION Not used * * * * * * * * * * * * * * * ** END OF SECTION 01700 09/17/93 CONTRACT CLOSEOUT 01700 - 4 SECTION 01710 FINAL CLEANING PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Cleaning at completion of Work 1..2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti - pollution laws. 1. Do not burn or bury rubbish and waste materials on the Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2..1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer on the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3..1 DUST CONTROL A. Handle materials in a controlled manner with as little handling as possible. 3..2 FINAL CLEANING A. Employ skilled workmen for final cleaning. B. Remove grease, mastic, adhesives, dust, dirt, stains, 09/17/93 FINAL CLEANING 01710 - 1 fingerprints, labels, and other foreign materials form sight- exposed interior and exterior surfaces. C. Wash and shine glazing and mirrors. D. Polish glossy surfaces to a clear shine. E. Dust cabinetwork and remove markings. F. Vacuum as needed. G. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. H. Prior to final completion, or the Owner occupancy, conduct an inspection of sight- exposed interior surfaces, exterior surfaces and work areas, to verify that the entire Work is clean. I. Clean tunnels and closed off spaces of packing boxes, wood frame members and other waste materials used in the Construction. J. Internally clean the entire system of piping and equipment. Open dirt pockets and strainers, completely blowing down as required and clean strainer screens of accumulated debris. K. Drain tanks, fixtures and pumps to be free of sludge and accumulated matter. L. Remove temporary labels and stickers from fixtures and equipment. Do not remove permanent name plates, equipment model numbers and ratings. M. Thoroughly clean heating and air conditioning equipment, tanks, pumps and traps. Install or thoroughly clean filters or filter media, including: 1. The cleaning of permanent filters and the replacement of disposable filters if units were operated during construction. 2. The cleaning of ducts, blowers, and coils if the units were operated during construction. N. Remove from the Site all facilities of items installed or used for temporary purposes during construction. O. Restore all adjoining areas to their original or specified condition. * * * * * * * * * * * * * * ** END OF SECTION 01710 09/17/93 FINAL CLEANING 01710 - 2 SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Maintain at the job site one copy of: a. Record Contract Drawings b. Record Project Manual c. Coordination drawings d. Addenda e. Reviewed shop drawings f. Change Orders g. Other modifications to the Contract h. Field test records 1..2 GENERAL A. Store documents in cabinets in temporary field office, apart from documents used for construction. B. Maintain documents in clean, dry, legible condition. C. Do not use Project Record Documents for construction purposes. D. Make documents available for inspection by the Construction Manager, the Architect and the Owner. E. Failure to maintain documents up -to -date will be cause for withholding payments. F. Obtain from the Construction Manager (at no charge) two sets of the Contract Documents for Project Record Documents including: 1. Specifications with all addenda. 2. Two complete sets of blackline prints of all Drawings. 1..3 RECORDING A. Label each document "Project Record ". B. Keep record documents current. 09/17/93 PROJECT RECORD DOCUMENTS 01720 - 1 C. Do not permanently conceal any work until required information has been recorded. D. Contract Drawings: 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to survey data. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. c. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. d. Field changes of dimension and detail. e. Changes made by Change Order or Construction Change Directive. f. Details not on original Contract Drawings. E. Specifications and Addenda: 1. Legibly mark up each Section to record: a. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. b. Changes made by Change Order or Construction Change Directive. c. Other items not originally specified. F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings. 2. Legibly mark to record actual construction: a. Dimensions accurate to within 1" on the centerline of items shown schematically. b. Identify each item, for example, "cast iron drain" "galvanized water ". c. Identify location of each item, for example, "under slab ", "in ceiling plenum ", "exposed ". 3. The Construction Manager may waive requirements of schematic layout conversion, when in his opinion, it serves no beneficial purpose. Do not, however, rely on waivers being issued except specifically issued by the Construction Manger in writing. 09/17/93 PROJECT RECORD DOCUMENTS 01720 - 2 1..4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to the Construction Manager prior to request for final payment. B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date 2. Project title and Architect's Project number 3. The Contractor's name and address 4. Title and number of each record document 5. Certification that each document as submitted is complete and accurate. 6. Signature of the Contractor, or his authorized representative. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used * * * * * * * * * * * * * ** END OF SECTION 01720 09/17/93 PROJECT RECORD DOCUMENTS 01720 - 3 SECTION 01730 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Format and content of manuals 2. Instruction of the Owner's personnel 3. Schedule of submittals B. Related sections: 1. SECTION 01301 - SUBMITTALS 2. SECTION 01700 - CONTRACT CLOSEOUT 3. Individual Specifications Sections: specific requirements for operation and maintenance data. 1..2 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1..3 FORMAT A. Prepare data in the form of an instructional manual. B. Binders: commercial quality, 8 -1/2" x 11" three -ring binders with hardback, cleanable, plastic covers; 1- 1/2" maximum ring size. When multiple binders are used, correlate data into related consistent groupings. C. Cover: identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of the Project and separate building; identify subject matter of contents. D. Arrange content by systems under Section numbers and sequence of Table of Contents of these Specifications. E. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. F. Text: manufacturer's printed data, or typewritten data on 20 pound paper. I 09/17/93 OPERATION AND MAINTENANCE DATA 01730 - 1 G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. 1..4 CONTENTS, EACH VOLUME A. Table of Contents: provide title of the Project; names, addresses, and telephone numbers of the Construction Manager, the Architect, consultants, and the Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For each product or system: list names, addresses and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product data: mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: supplement product data to illustrate relations of component parts of equipment and systems, to indicate control and flow diagrams. Do not use the Project Record Documents as maintenance drawings. E. Type text: as required to supplement product data. ., Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. F. Warranties and bonds: bind in copy of each. 1..5 MANUAL FOR MATERIALS AND FINISHES A. Building products, applied materials, and finishes: include product data, with catalog number, size, composition, and color and texture designations. Provide information for re- ordering custom manufactured products. B. Instructions for care and maintenance; include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture protection and weather exposed products: include product data listing applicable reference standards, chemical composition, and details of 09/17/93 OPERATION AND MAINTENANCE DATA 01730 - 2 installation. Provide recommendations for inspections, maintenance, and repair. D. Additional requirements; as specified in individual product specification Sections. 1..6 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each item of equipment and each system: include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. B. Panelboard circuit directories: provide electrical service characteristics, controls and communications. C. Include color coded wiring diagrams as installed. D. Operating procedures: include start -up, break -in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut -down, and emergency instructions. Include summer, winter, and special operating instructions. I E. Maintenance requirements: include routine procedures and guide for trouble- shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule, and list of lubricants required. G. Include manufacturer's printed operation and maintenance instructions. H. Include sequence of operation by controls manufacturer. I. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. K. Provide the Contractor's coordination drawings, with color coded piping diagrams as installed. 09/17/93 OPERATION AND MAINTENANCE DATA 01730 - 3 L. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. M. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. N. Include test and balancing reports. O. Additional requirements: as specified in individual product specification Sections. P. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. 1..7 INSTRUCTION OF THE OWNER PERSONNEL A. Before final inspection, instruct the Owner's designated personnel in operation, adjustment, and maintenance of products, equipment, and systems, at agreed upon times. B. For equipment requiring seasonal operation, perform instructions for other seasons within six months. C. 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. D. Prepare and insert additional data in Operation and Maintenance Manual when need for such data becomes apparent during instruction. 1..8 SUBMITTALS A. Submit two copies of preliminary draft or proposed formats and outlines of contents before start of the Work. The Construction Manager and Architect will review draft and return one copy with comments. B. For equipment, or component parts of equipment put into service during construction and operated by the Owner, submit documents within ten days after acceptance. C. Submit one copy of completed volumes in final form 15 days prior to final inspection. Copy will be returned after final inspection, with Construction Manager and Architect comments. Revise content of documents prior to final submittal. 09/17/93 OPERATION AND MAINTENANCE DATA 01730 - 4 D. Submit two copies of revised volumes of data in final form within ten days after final inspection. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used * * * * * * * * * * * * ** END OF SECTION 01730 09/17/93 OPERATION AND MAINTENANCE DATA 01730 - 5 tor Fire Facility Roofs Technical Specifications Part 1 - General Related Documents: Sketch and general provisions of Contract, including General and Supplementary Conditions, apply to work of this section. Summary: Extent of modified bitumen roofing and shingle roofing is indicated on sketch and described within the Scope of Work which includes specific roof areas at the Tavernier Fire Station, Conch Key Fire Station, Islamorada Fire Station and Marathon No. 2 Fire Station. Submittals: Product Data: Prior to proceeding with the Work, submit for the Owner's approval specifications, installation instructions and general recommendations from the manufacturers of modified bitumen roofing system materials, roofing shingles, concrete sealer and metal accessories for types of roofing required. Include data substantiating that materials comply with requirements. Shop Drawings: Prior to proceeding with the Work, submit shop drawings for the Owner's approval showing roof configuration, sheet layout, details and special conditions. Quality Assurance: Manufacturer: Obtain primary modified bitumen roll roofing from a single manufacturer. Provide secondary materials as recommended by manufacturer of primary materials. Installer: A firm with not less than 3 years of successful experience in installation of roofing systems similar to those required for this project and which is acceptable to or licensed by the manufacturer of primary roofing materials. Work associated with the modified bitumen roofing system, including but not limited to flashing and counterflashing, expansion joints and joint sealers, is to be performed by the installer of the roofing system. Coordination Meetings: The Contractor will be required to attend a pre- construction conference. The Contractor will also be required to attend a pre- roofing conference prior to the commencement of roofing activities at each of the four sites. 09/17/93 TECHNICAL SPECIFICATIONS 1 UL Listing: Provide "Class A" labeled materials which have been tested by UL in "Building Materials Directory" for application indicated. Project Conditions: Weather: Proceed with roofing work when existing and forecasted weather conditions permit work to be performed in accordance with manufacturers' recommendations and warranty requirements. Coordination: The Contractor is to coordinate all construction activities with the facility user so as not to interfere with the user's normal activities nor to encumber the user's response to emergency calls. Project Warranty: Provide written warranty in a form acceptable to the Owner for each of the four sites, signed by Manufacturer of primary roofing materials and his authorized Installer, agreeing to replace /repair defective materials and workmanship as required to maintain roofing system in watertight condition. Warranty period is a minimum of 10 years after date of substantial completion. Part 2 - Products: Performance: Provide roofing materials recognized to be of generic type indicated and tested to show compliance with indicated performances, or provide other similar materials certified in writing by Manufacturer to be equal or better than that specified by the Manufacturer in every significant respect and acceptable to the Owner. Compatibility: Provide products which are recommended by the Manufacturer to be fully compatible with existing substrates, or provide separation materials as required to eliminate contact between incompatible materials. Modified Bitumen Roll Roofing: Shall be the Manufacturer's premium roll roofing product for either hot asphalt application or torching application. Granulated surface manufactured to provide in -place performance without any additional protective and /or reflective coatings or treatments. Insulation: Rigid phenolic, urethane or isocyanurate ridged foam core, closed cell boards which is approved for FM Class 1 Construction. Roofing Shingles: Shall meet or exceed the following specifications - ASTM 108, Class A; UL 790, Class A; ASTM D 3161; UL 997; ASTM D 3018, Type 1; ASTM D 228 with a 25 year materials warranty 09/17/93 TECHNICAL SPECIFICATIONS 2 Concrete Sealer: An acrylic based waterproofing/sealer with a five year materials warranty. Cant Strips, Tapered Edge Strips and Flashing Accessories: Types and at locations recommended by the modified bitumen Manufacturer with the minimum being at all horizontal to vertical corners including flashing cements and sealants. Flashing Materials: Manufacturer's standard system compatible with modified bitumen. Metal Accessories: Provide drip edge, cap flashing, clips, straps, anchoring devices and other accessory units as required for installation of work, matching or compatible with material being installed, noncorrosive, size and gauge required for performance and as recommended by the roofing system Manufacturer. Lumber: Facia, wood cants, nailers, curbs, equipment support bases, blocking, stripping and similar members in connection with roofing, Clashing or vapor barriers shall be pressure treated lumber complying with AWPB LP -2. Structural members shall comply with PS 20 "American Softwoods Lumber Standard" and with applicable grading rules of inspection agencies certified by American Lumber Standards Committee's Board of Review. Paint: Provide primers and undercoat paint produced by the same manufacturer as the finish coats utilizing the manufacturer's best quality trade sale paint material of the coating type required. Paint material containers not displaying manufacturer's product identification will not be acceptable. Back prime all wood. Part 3 - Execution Preparation of Substrate: Re- roofing over the existing roof system requires proper preparation of the surface therefor comply with Modified Bitumen System Manufacturer's written instructions for preparation of substrate utilizing proper recovery board insulation and buffer/base sheets. Installation: Comply with Manufacturer's printed instructions. Clean -up: Contractor shall leave work, work area and site in a condition which is acceptable to the Owner. C 09/17/93 TECHNICAL SPECIFICATIONS 3