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09/20/1995
' . c ti ; � -a rt a , 1 ''✓ r p` a n tirn etijn e %2ANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY .MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 ''•EL. (3C5) 289 -6027 KEY WEST, FLORIDA 33040 TEL. (305) 852 -71.15 TEL. (305) 292 -35b0 M E M O R A N D U M TO: Dent Pierce, Director Division of Public Works FROM: Isabel C. DeSantis, Deputy Clerk Q )• DATE: October 24, 1995 As you know, at the Board meeting of September 20, 1995, the Board granted approval and authorized execution of a Contract between Monroe County and D.L. Porter Construction, Inc., for Crawl Key Fire Training Facility in the amount of $286,000, and for the Mayor to execute same. Attached hereto is a fully- executed duplicate original of the above document for return to the Contractor. Should you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney County Administrator w/o document Risk Management w/o document Finance Director /File or i '1r,2,1 SECTION 00500 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is made by and between Monroe County, 5100 Clegg Road, Stock Island, Key West, Florida 33040 (hereinafter referred to as "owner") an '3:I POKER CONSTRUCTION, INC. (hereinafter referred to as "contractor") for constructionZf GRAD =' KEY FIRE TRAINING FACILITY, the specifications and architectural and engi'ieering dr'silvings-, for which are attached and incorporated into this contract as Exhibit A ( hereina$er referregi to as the "Project "), the owner and the contractor hereby agreeing as follows: ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 1.1 The Contract 1.1.1 The contract between the owner and the contractor, of which this agreement is a part, consists of the contract documents. It shall be effective on the date this agreement is executed by the last party to execute it. 1.2 The Contract Documents 1.2.1 The contract documents consist of this agreement, the specifications, the drawings, all change orders, any addenda and field orders issued hereafter, any other amendments hereto executed by the parties hereafter, together with the following: Exhibit A; Exhibit B. Documents not enumerated in this paragraph 1.2.1 are not contract documents and do not form part of this contract. 1.3 Entire Agreement 1.3.1 This contract, together with the contractor's public construction bond for the Project, constitute the entire and exclusive agreement between the owner and the contractor with reference to the Project. Specifically, but without limitation, this contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the owner and contractor. 1.4 No Privity with Others 1.4.1 Nothing contained in this contract shall create, or be interpreted to create, privity or any other contractual agreement between the owner and any person or entity other than the contractor. 1.5 Intent and Interpretation 1.5.1 The intent of this contract is to require complete, correct and timely execution of the work. Any work that may be required, implied or inferred by the contract documents, or any one or more of them, as necessary to produce the intended result shall be provided by the contractor for the contract price. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 1 a f 1.5.2 This contract is intended to be an integral whole and shall be interpreted as intemally consistent. What is required by any one contract document shall be considered as required by the county commissioners. 1.5.3 When a word, term or phrase is used in this contract, it shall be interpreted or construed, first, as defined herein, second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. 1.5.4 The words "include," "includes," or "including," as used in this contract, shall be deemed to be followed by the phrase, "without limitation." 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this contract shall not imply that any other, nonspecific act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this contract. 1.5.6 Words or terms used as nouns in this contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 1.5.7 The contractor shall have a continuing duty to read, carefully study and compare each of the contract documents, the shop drawings and the product data and shall give written notice to the owner of any inconsistency, ambiguity, error or omission which the contractor may discover with respect to these documents before proceeding with the affected work. The issuance, or the express or implied approval by the owner or the architect of the contract documents, shop drawings or product data shall not relieve the contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the contractor's compliance with this contract. The owner has requested the architect to only prepare documents for the project, including the drawings and specifications for the project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction and that the contractor has not, does not, and will not rely upon any representation or warranties by the owner concerning such contract documents as no such representation or warranties have been or are hereby made. 1.5.8 As between numbers and scaled measurements on the drawings and in the design, the numbers shall govem; as between larger scale and smaller scale drawings, the larger scale shall govem. 1.5.9 Neither the organization of any of the contract document into divisions, sections, paragraphs, articles (or other categories), nor the organization or arrangement of the design, shall control the contractor in dividing the work or in establishing the extent or scope of the work to be performed by subcontractors. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 2 1.6 Ownership of Contract Documents 1.6.1 The contract documents, and each of them, shall remain the property of the owner. The contractor shall have the right to keep one record set of the contract documents upon completion of the project; provided, however, that in no event shall contractor use, or permit to be used, any or all of such contract documents on other projects without the owner's prior written authorization. ARTICLE II THE WORK 2.1 The contractor shall perform all of the work required, implied or reasonably inferable from, this contract. 2.2 The term "work" shall mean whatever is done by or required of the contractor to perform and complete its duties under this contract, including the following: construction of the whole or a designated part of the project; furnishing of any required surety bonds and insurance; and the provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, the payment of any applicable sales and use taxes; royalties and product license fees; permits and licenses required of the contractor, fuel, heat, light, cooling and all other utilities as required by this contract. The work to be performed by the contractor is generally described as follows: general construction and site work for a fire training facility. ARTICLE III CONTRACT TIME 3.1 Time and Liquidated Damages 3.1.1 The contractor shall commence the work on September 30, 1995 and shall achieve substantial completion of the work no later than September 30, 1997. The number of calendar days from the date on which the work is permitted to proceed, through the date set forth for substantial completion, shall constitute the "contract time." 3.1.2 The contractor shall pay the owner a sum equal to the amount of dollars as computed in Section 00350 -1 "Liquidated Damages" of the Specifications per day for each and every calendar day of unexcused delay in achieving substantial completion beyond the date set forth herein for substantial completion of the work. Any sums due and payable hereunder by the contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the owner, estimated at or before the time of executing this contract. When the owner reasonably believes that substantial completion will be inexcusably delayed, the owner shall be entitled, but not required, to withhold from any amounts otherwise due the contractor an amount then believed by the owner to be adequate to recover liquidated damages applicable to such delays. If and when the contractor overcomes the delay in achieving substantial completion, or any part thereof, for which the owner has withheld payment, the owner shall promptly release to the contractor those funds withheld, but no longer applicable, as liquidated damages. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 3 3.2 Substantial Completion 3.2.1 "Substantial Completion" shall mean that stage in the progression of the work when the work is sufficiently complete in accordance with this contract that the owner can enjoy beneficial use or occupancy of the work and can utilize the work for its intended purpose. The date of substantial completion is the date set forth by the Construction Manager on the substantial completion form. 3.3 Time is of the Essence 3.3.1 All limitation of time set forth in the contract documents are of the essence of this contract. ARTICLE IV CONTRACT PRICE 4.1 The Contract Price 4.1.1 The owner shall pay, and the contractor shall accept, as full and complete payment for all of the work required herein, the fixed sum of $286,000.00. The sum set forth in this paragraph 4.1 shall constitute the contract price which shall not be modified except by change order as provided in this contract. ARTICLE V PAYMENT OF THE CONTRACT PRICE 5.1 Schedule of Values 5.1.1 Within ten (10) calendar days of the effective date hereof, the contractor shall submit to the owner and to the architect a schedule of values allocating the contract price to the various portions of the work. The contractor's schedule of values shall be prepared in such form, with such detail, and supported by such data as the architect or owner may require to substantiate its accuracy. The contractor shall not imbalance its schedule of values nor artificially inflate any element thereof. The violation of this provision by the contractor shall constitute a material breach of this contract. The schedule of values shall be used only as a basis for the contractor's applications for payment and shall only constitute such basis after it has been acknowledged in writing by the architect and the owner. 5.2 Payment Procedure 5.2.1 The owner shall pay the contract price to the contractor as provided below. 5.2.2 Progress Payments —Based upon the contractor's applications for payment submitted to the architect and upon certificates for payment subsequently issued to the owner by the architect, the owner shall make progress payments to the contractor on account of the contract price. 5.2.3 On or before the 25th_day of each month after commencement of the work, the contractor shall submit an application for payment for the period ending the 25th day of the month to the architect in such form and manner, and with such supporting data and content, as the owner or the architect may require. Therein, the contractor may request payment for ninety percent (90 %) of that portion of the contract price properly allocable to contract requirements properly provided, labor, materials and equipment properly incorporated in the work plus ninety FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 4 . Z percent (90 %) of that portion of the contract price properly allocable to materials or equipment properly stored onsite (or elsewhere if approved in advance in writing by the owner) for subsequent incorporation in the work, less the total amount of previous payments received from the owner. Payment for stored materials and equipment shall be conditioned upon the contractor's proof satisfactory to the owner, that the owner has title to such materials and equipment and shall include proof of required insurance. Such application for payment shall be signed by the contractor and shall constitute the contractor's representation that the work has progressed to the level for which payment is requested in accordance with the schedule of values, that the work has been properly installed or performed in full accordance with this contract, and that the contractor knows of no reason why payment should not be made as requested. Thereafter, the architect will review the application for payment and may also review the work at the project site or elsewhere to determine whether the quantity and quality of the work is as represented in the application for payment and is as required by this contract. The architect shall determine and certify to the owner the amount properly owing to the contractor. The owner shall make partial payments on account of the contract price to the contractor within twenty (20) days following the architect's receipt of each application for payment. The amount of each partial payment shall be the amount certified for payment by the architect less such amounts, if any, otherwise owing by the contractor to the owner or which the owner shall have the right to withhold as authorized by this contract. The architect's certification of the contractor's application for payment shall not preclude the owner from the exercise of any of its rights as set forth in paragraph 5.3 hereinbelow. 5.2.4 The contractor warrants that all payments to subcontractors have been made as certified on the application for payment and that title to all work covered by an application for payment will pass to the owner no later than the time of payment. The contractor further warrants that upon submittal of an application for payment, all work for which payments have been received from the owner shall be free and clear of liens, claims, security interest or other encumbrances in favor of the contractor or any other person or entity whatsoever. 5.2.5 The contractor shall promptly pay each subcontractor, out of the amount paid to the contractor on account of such subcontractor's work, the amount to which such subcontractor is entitled. If the contractor does not pay the subcontractor the amount due, the subcontractor may only seek payment from the contractor's public construction bond surety. In no event is the owner obligated to pay any subcontractor an amount owed to it by the contractor. Language similar to this paragraph 5.2.5 must appear in all contracts between the contractor and its subcontractors. 5.2.6 No progress payment, nor any use or occupancy of the project by the owner, shall be interpreted to constitute an acceptance of any work not in strict accordance with this contract. 5.3 Withheld Payment 5.3.1 The owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the contractor, to protect the owner from loss because of: (a) defective work not remedied by the contractor nor, in the opinion of the owner, likely to be remedied by the contractor; FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 5 (b) claims of third parties against the owner or the owner's property; (c) failure by the contractor to pay subcontractors or others in a prompt and proper fashion; (d) evidence that the balance of the work cannot be completed in accordance with the contract for the unpaid balance of the contract price; (e) evidence that the work will not be completed in the time required for substantial or final completion; (f) persistent failure to carry out the work in accordance with the contract; (g) damage to the owner or a third party to whom the owner is, or may be, liable. In the event that the owner makes written demand upon the contractor for amounts previously paid by the owner as contemplated in this subparagraph 5.3.1, the contractor shall promptly comply with such demand. 5.4 Unexcused Failure to Pay 5.4.1 If within twenty (20) days after the date established herein for payment to the contractor by the owner, the owner, without cause or basis hereunder, fails to pay the contractor any amount then due and payable to the contractor, then the contractor may after seven (7) additional days' written notice to the owner and the architect, and without prejudice to any other available rights or remedies it may have, stop the work until payment of those amounts due from the owner have been received. 5.5 Substantial Completion 5.5.1 When the contractor believes that the work is substantially complete, the contractor shall submit written notice that the project is ready for substantial completion inspection. The architect, on the basis of contractor's notice, shall determine that the work is in fact substantially complete, and report findings to the Construction Manager. The Construction Manager will prepare a certificate of substantial completion which shall establish the date of substantial completion, shall state the responsibilities of the contractor for project security, maintenance, heat, utilities, damage to the work, and insurance, and shall fix the time within which the contractor shall complete the items listed therein. The certificate of substantial completion shall be submitted to the contractor for written acceptance of the responsibilities assigned to them in such certificate. Upon substantial completion of the work and execution by both the owner and the contractor of the certificate of substantial completion, the owner shall pay the contractor an amount sufficient to increase total payments to the contractor to one hundred percent (100 %) of the contract price Tess five percent (5 %) retention and less three hundred percent (300 %) of the reasonable cost as determined by the owner and the architect for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling all unsettled claims. The certificate of substantial completion shall not be signed by the Construction Manager unless accompanied by a signed certificate of occupancy from all governing authorities. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 6 5.6 Completion and Final Payment 5.6.1 When all of the work is finally complete and the contractor is ready for a final inspection, it shall notify the owner and the architect thereof in writing. Thereupon, the architect will make final inspection of the work and, if work is complete in full accordance with this contract and this contract has been fully performed, the architect will promptly issue a final certificate for payment certifying to the owner that the project is complete and the contractor is entitled to the remainder of the unpaid contract price, less any amount withheld pursuant to this contract. Guarantees required by the contract shall commence on the date of final completion of the work. If the architect is unable to issue its final certificate for payment and is required to repeat its final inspect of the work, the contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the owner from the contractor's final payment. 5.6.1.1 If the contractor fails to achieve final completion within the time fixed therefor by the architect in its certificate of substantial completion, the contractor shall pay the owner the sum of $200.00 per day for the first 15 calendar days, $500.00 per day for the second 15 days, and $2,000.00 per day for the 31st day and thereafter of unexcused delay in achieving final completion beyond the date set forth herein for final completion of the work. Any sums due and payable hereunder by the contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the owner, estimated at or before the time of executing this contract. When the owner reasonably believes that final completion will be inexcusably delayed, the owner shall be entitled, but not required, to withhold from any amounts otherwise due the contractor an amount then believed by the owner to be adequate to recover liquidated damages applicable to such delays. If and when the contractor overcomes the delay in achieving final completion, or any part thereof, for which the owner has withheld payment, the owner shall promptly release to the contractor those funds withheld, but no longer applicable, as liquidated damages. 5.6.2 The contractor shall not be entitled to final payment unless and until it submits to the architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the work for which the owner, or the owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all subcontractors of the contractor and of any and all parties required by the architect or the owner; and the consent of surety to final payment. The affidavits, releases and waivers required from subcontractors and materialmen are for the administrative convenience of the owner only. They do not create an obligation on the part of the owner to assure that any subcontractor or materialman is paid. If unpaid, subcontractors and materialmen must seek payment from the contractor's public construction bond surety. 5.6.3 The owner shall make final payment of all sums due the contractor per Section 0127. 5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the owner by the contractor except for those claims previously made in writing against the owner by the contractor, pending at the time of final payment, and identified in writing by the contractor as unsettled at the time of its request for final payment. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 7 ARTICLE VI THE OWNER 6.1 Information and Services Required from Owner 6.1.1 The owner shall furnish to the contractor, at the time of executing this contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the project. Such written and tangible material is furnished to the contractor only in order to make complete disclosure of such material and for no other purpose. By furnishing such material, the owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefor. The owner shall also furnish surveys, legal limitations and utility locations (if known), and a legal description of the project site. 6.1.2 Excluding permits and fees normally the responsibility of the contractor, the owner shall obtain all approvals, easements, and the like required for construction and shall pay for necessary assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 6.1.3 The owner shall furnish the contractor, free of charge, eight (8) copies of the contract documents for execution of the work. The contractor will be charged, and shall pay the owner, $0.00 per additional set of contract documents which it may require. 6.2 Right to Stop Work 6.2.1 If the contractor persistently fails or refuses to perform the work in accordance with this contract, the owner may order the contractor to stop the work, or any described portion thereof, until the cause for stoppage has been corrected, no longer exists, or the owner orders that work be resumed, in such event, the contractor shall immediately obey such order. 6.3 Owner's Right to Perform Work 6.3.1 If the contractor's work is stopped by the owner under paragraph 6.2, and the contractor fails within three (3) days of such stoppage to provide adequate assurance to the owner that the cause of such stoppage will be eliminated or corrected, then the owner may, without prejudice to any other rights or remedies the owner may have against the contractor, proceed to carry out the subject work. In such a situation, an appropriate change order shall be issued deducting from the contract price the cost of correcting the subject deficiencies, plus compensation for the architect's additional services and expenses necessitated thereby, if any. If the unpaid portion of the contract price is insufficient to cover the amount due the owner, the contractor shall pay the difference to the owner. ARTICLE VII THE CONTRACTOR 7.1 The contractor is again reminded of its continuing duty set forth in subparagraph 1.5.7. The contractor shall perform no part of the work at any time without adequate contract documents or, as appropriate, approved shop drawings, product data or samples for such portion of the work. If the contractor performs any of the work knowing it involves a recognized error, inconsistency or omission in the contract documents without such notice to the architect, FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 8 the contractor shall bear responsibility for such performance and shall bear the cost of correction. 7.2 The contractor shall perform the work strictly in accordance with this contract. 7.3 The contractor shall supervise and direct the work using the contractor's best skill, effort and attention. The contractor shall be responsible to the owner for any and all acts or omissions of the contractor, its employees and others engaged in the work on behalf of the contractor. 7.4 Warranty 7.4.1 The contractor warrants to the owner that all labor furnished to progress the work under this contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first -class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this contract, and that the work will be of good quality, free from faults and defects and in strict conformance with this contract. All work not conforming to these requirements may be considered defective. 7.5 The contractor shall obtain and pay for all permits, impact fees, fees and licenses necessary and ordinary for the work. The contractor shall secure and pay for all permits, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the work which are customarily secured after execution of the contract and which are legally required at the time bids are received. The owner will not assess any County permit or County impact fees for the building permit issued by the County Building Department. The contractor is responsible for permit and impact fees issued by City Building Departments and any jurisdiction other than the County of Monroe. The contractor shall comply with all lawful requirements applicable to the work and shall give and maintain any and all notices required by applicable law pertaining to the work. 7.6 Supervision 7.6.1 The contractor shall employ and maintain at the project site only competent supervisory personnel. Absent written instruction from the contractor to the contrary, the superintendent shall be deemed the contractor's authorized representative at the site and shall be authorized to receive and accept any and all communications from the owner or the architect. 7.6.2 Key supervisory personnel assigned by the contractor to this project are as follows: Name Function To Be Named I1E i 1 G Reh1g r∎ S1) ( niN TruTnalL3 � So long as the individuals named above remain actively employed or retained by the contractor, they shall perform the functions indicated next to their names unless the owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the contractor shall be bound by the provisions of this subparagraph 7.6.2 as though such individuals had been listed above. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 9 7.7 The contractor, within fifteen (15) days of commencing the work, shall submit to the owner and the architect for their information, the contractor's schedule for completing the work. The contractor's schedule shall be revised no less frequently than monthly (unless the parties otherwise agree in writing) and shall be revised to reflect conditions encountered from time to time and shall be related to the entire project. Each such revision shall be furnished to the owner and the architect. Failure by the contractor to strictly comply with the provisions of this paragraph 7.7 shall constitute a material breach of this contract. 7.8 The contractor shall continuously maintain at the site, for the benefit of the owner and the architect, one record copy of this contract marked to record on a current basis changes, selections and modifications made during construction. Additionally, the contractor shall maintain at the site for the owner and the architect the approved shop drawings, product data, samples, other similar required submittals and an office for their use. Upon final completion of the work, all of these record documents shall be delivered to the owner. 7.9 Shop Drawings, Product Data and Samples 7.9.1 Shop drawings, product data, samples and other submittals from the contractor do not constitute contract documents. Their purpose is merely to demonstrate the manner in which the contractor intends to implement the work in conformance with information received from the contract documents. 7.9.2 The contractor shall not perform any portion of the work requiring submittal and review of shop drawings, product data or samples unless and until such submittal shall have been approved by the architect. Approval by the architect, however, shall not be evidence that work installed pursuant thereto conforms with the requirements of this contract. 7.10 Cleaning the Site and the Project 7.10.1 The contractor shall keep the site reasonably clean during performance of the work. Upon final completion of the work, the contractor shall clean the site and the project and remove all waste, together with all of the contractor's property therefrom. 7.11 Access to Work 7.11.1 The owner and the architect shall have access to the work at all times from commencement of the work through final completion. The contractor shall take whatever steps necessary to provide access when requested. 7.12 Indemnity 7.12.1 To the fullest extent permitted by law, the contractor shall indemnify and hold harmless the owner from and against liability, claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from performance of the work, provided that such liability, claims, damage, Toss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such liability, claim, damage, loss or expense is caused in part by a party indemnified hereunder. The indemnification required by this paragraph 7.12 is independent of the contractor's obligation to FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 10 purchase the insurance described in Article XIII and is not limited or modified by the terms of those insurance policies. 7.12.2 In claims against any person or entity indemnified under this paragraph 7.12 by an employee of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this paragraph 7.12 shall not be limited by a limitation on amount or type of damage, compensation or benefits payable by or for the contractor or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 7.12.3 The contractor shall defend suits or claims for infringement of patent rights and shall hold the owner and architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the contract. However, if the contractor has reason to believe that the required design, process or product is an infringement of a patent, the contractor shall be responsible for such loss unless such information is promptly furnished to the architect. ARTICLE VIII CONTRACT ADMINISTRATION 8.1 The Architect 8.1.1 The architect for this project is ROBERT G. CURRIE & ASSOCIATES, INC. In the event the owner should find it necessary or convenient to replace the architect, the owner shall retain a replacement architect and the status of the replacement architect shall be that of the former architect. 8.2 Architect's Administration 8.2.1 The architect, unless otherwise directed by the owner in writing, will perform those duties and discharge those responsibilities allocated to the architect as set forth in this contract. The architect shall be the owner's representative from the effective date of this contract until final payment has been made. The architect shall be authorized to act on behalf of the owner only to the extent provided in this contract. 8.2.2 The owner and the contractor shall communicate with each other in the first instance through the architect. 8.2.3 The architect shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the contractor. The architect shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the contractor. 8.2.4 The architect will review the contractor's applications for payment and will certify to the owner for payment to the contractor, those amounts then due the contractor as provided in this contract. 8.2.5 The architect shall have authority to reject work which is defective or does not conform to the requirements of this contract. If the architect deems it necessary or advisable, the FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 11 architect shall have authority to require additional inspection or testing of the work for compliance with contract requirements. 8.2.6 The architect will review and approve, or take other appropriate action as necessary, concerning the contractor's submittals including shop drawings, product data and samples. Such review, approval or other action shall be for the sole purpose of determining conformance with the design concept and information given through the contract documents. 8.2.7 The architect will prepare change orders and may authorize minor changes in the work by field order as provided elsewhere herein. 8.2.8 The architect shall, upon written request from the contractor, conduct inspections to determine the date of substantial completion and the date of final completion, will receive and forward to the owner for the owner's review and records, written warranties and related documents required by this contract and will issue a final certificate for payment upon compliance with the requirements of this contract. 8.3 Claims by the Contractor 8.3.1 All contractor claims shall be initiated by written notice and claim to the owner and the architect. Such written notice and claim must be furnished within three (3) days after occurrence of the event, or the first appearance of the condition, giving rise to the claim. 8.3.2 Pending final resolution of any claim of the contractor, the contractor shall diligently proceed with performance of this contract and the owner shall continue to make payments to the contractor in accordance with this contract. The resolution of any claim under this paragraph 8.3 shall be reflected by a change order executed by the owner, the architect and the contractor. 8.3.3 Claims for Additional Costs —If the contractor wishes to make a claim for an increase in the contract price, as a condition precedent to any liability of the owner therefor, the contractor shall give the architect written notice of such claim within three (3) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice shall be given by the contractor before proceeding to execute any additional or changed work. The failure by the contractor to give such notice and to give such notice prior to executing the work shall constitute a waiver of any claim for additional compensation. 8.3.3.1 In connection with any claim by the contractor against the owner for compensation in excess of the contract price, any liability of the owner for the contractor's costs shall be strictly limited to direct costs incurred by the contractor and shall in no event include indirect costs or consequential damages to the contractor. The owner shall not be liable to the contractor for claims of third parties, including subcontractors, unless and until liability of the contractor has been established therefor in a court of competent jurisdiction. 8.3.4 Claims for Additional Time —If the contractor is delayed in progressing any task which at the time of the delay is then critical or which during the delay becomes critical, as the sole result of any act or neglect to act by the owner or someone acting on the owner's behalf, or by changes ordered in the work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipatable, fire or any causes beyond the contractor's control, then FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 12 the date for achieving substantial completion of the work shall be extended upon the written notice and claim of the contractor to the owner and the architect, for such reasonable time as the architect may determine. Any notice and claim for an extension of time by the contractor shall be made not more than three (3) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail the contractor's basis for requiring additional time in which to complete the project. In the event the delay to the contractor is a continuing one, only one notice and claim for additional time shall be necessary. If the contractor fails to make such claim as required in this subparagraph, any claim for an extension of time shall be waived. In no event is the contractor entitled to additional compensation for any delay described in this paragraph 8.3.4 or other paragraphs. 8.4 Field Orders 8.4.1 The architect shall have authority to order minor changes in the work not involving a change in the contract price or in contract time and not inconsistent with the intent of the contract. Such changes shall be effected by field order and shall be binding upon the contractor. The contractor shall carry out such field orders promptly. ARTICLE IX SUBCONTRACTORS 9.1 Definition 9.1.1 A subcontractor is an entity that has a direct contract with the contractor to perform a portion of the work. 9.2 Award of Subcontracts 9.2.1 Upon execution of the contract, the contractor shall furnish the owner in writing, the names of persons or entities proposed by the contractor to act as a subcontractor on the project. The owner shall promptly reply to the contractor, in writing, stating any objections the owner may have to such proposed subcontractor. The contractor shall not enter into a subcontract with a proposed subcontractor with reference to whom the owner has made timely objection. The contractor shall not be required to subcontract with any party to whom the contractor has objection. 9.2.2 All subcontracts shall afford the contractor rights against the subcontractor which correspond to those rights afforded to the owner against the contractor herein, including those rights afforded to the owner by subparagraph 12.12.1 below. ARTICLE X CHANGES IN THE WORK 10.1 Changes Permitted 10.1.1 Changes in the work within the general scope of this contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this contract, by change order or by field order. 10.1.2 Changes in the work shall be performed under applicable provisions of this contract and the contractor shall proceed promptly with such changes. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 -13 10.2 Change Order Defined 10.2.1 Change order shall mean a written order to the contractor executed by the owner and the architect, issued after execution of this contract, authorizing and directing a change in the work or an adjustment in the contract price or the contract time, or any combination thereof. The contract price and the contract time may be changed only by change order. 10.3 Changes in the Contract Price 10.3.1 Any change in the contract price resulting from a change order shall be determined as follows: (a) by mutual agreement between the owner and the contractor as evidenced by (1) the change in the contract price being set forth in the change order, (2) such change in the contract price, together with any conditions or requirements related thereof, being initialed by both parties and (3) the contractor's execution of the change order; or (b) if no mutual agreement occurs between the owner and the contractor, then, as provided in subparagraph 10.3.2 below. 10.3.2 If no mutual agreement occurs between the owner and the contractor as contemplated in subparagraph 10.3.1 above, the change in the contract price, if any, shall then be determined by the architect on the basis of the reasonable expenditures or savings of those performing, deleting or revising the work attributable to the change, including, in the case of an increase or decrease in the contract price, a reasonable allowance for direct job site overhead and profit. In such case, the contractor shall present, in such form and with such content as the owner or the architect requires, an itemized accounting of such expenditures or savings, plus appropriate supporting data for inclusion in a change order. Reasonable expenditures or savings shall be limited to the following reasonable costs of materials, supplies, or equipment including delivery costs, reasonable costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance, reasonable rental costs of machinery and equipment exclusive of hand tools whether rented from the contractor or others, reasonable costs of premiums for all bonds and insurance, permit fees, and sales, use or other taxes related to the work, and reasonable work, and reasonable cost of direct supervision and jobsite field office overhead directly attributable to the change. In no event shall any expenditure or savings associated with the contractor's home office or other non jobsite overhead expense be included in any change in the contract price. Pending final determination of reasonable expenditures or savings to the owner, payments on account shall be made to the contractor on the architect's certificate for payment. 10.3.3 If unit prices are provided in the contract, and if the quantities contemplated are so changed in a proposed change order that application of such unit prices to the quantities of work proposed will cause substantial inequity to the owner or to the contractor, the applicable unit prices shall be equitably adjusted. 10.4 Minor Changes 10.4.1 The architect shall have authority to order minor changes in the work not involving a change in the contract price or an extension of the contract time and not inconsistent with the intent of this contract. Such minor changes shall be made by written field order, and shall be binding upon the owner and the contractor. The contractor shall promptly carry out such written field orders. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 -14 J • 10.5 Effect of Executed Change Order 10.5.1 The execution of a change order by the contractor shall constitute conclusive evidence of the contractor's agreement to the ordered changes in the work, this contract as thus amended, the contract price and the contract time. The contractor, by executing the change order, waives and forever releases any claim against the owner for additional time or compensation for matters relating to or arising out of or resulting from the work included within or affected by the executed change order. 10.6 Notice to Surety; Consent 10.6.1 The contractor shall notify and obtain the consent and approval of the contractor's surety with reference to all change orders if such notice, consent or approval is required by the contractor's surety or by law. The contractor's execution of the change order shall constitute the contractor's warranty to the owner that the surety has been notified of, and consents to, such change order and the surety shall be conclusively deemed to have been notified of such change order and to have expressly consented thereto. ARTICLE XI UNCOVERING AND CORRECTING WORK 11.1 Uncovering Work 11.1.1 If any of the work is covered contrary to the architect's request or to any provisions of this contract, it shall, if required by the architect or the owner, be uncovered for the architect's inspection and shall be properly replaced at the contractor's expense without change in the contract time. 11.1.2 If any of the work is covered in a manner not inconsistent with subparagraph 11.1.1 above, it shall, if required by the architect or owner, be uncovered for the architect's inspection. If such work conforms strictly with this contract, costs of uncovering and property replacement shall by change order be charged to the owner. If such work does not strictly conform with this contract, the contractor shall pay the costs of uncovering and proper replacement. 11.2 Correcting Work 11.2.1 The contractor shall immediately proceed to correct work rejected by the architect as defective or failing to conform to this contract. The contractor shall pay all costs and expenses associated with correcting such rejected work, including any additional testing and inspections, and reimbursement to the owner for the architect's services and expenses made necessary thereby. 11.2.2 If within one (1) year after substantial completion of the work any of the work is found to be defective or not in accordance with this contract, the contractor shall correct it promptly upon receipt of written notice from the owner. This obligation shall survive final payment by the owner and termination of this contract. With respect to work first performed and completed after substantial completion, this one -year obligation to specifically correct defective and nonconforming work shall be extended by the period of time which elapses between substantial completion and completion of the subject work. 11.2.3 Nothing contained in this paragraph 11.2 shall establish any period of limitation with respect to other obligations which the contractor has either under this contract or under the FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 15 laws of the State of Florida. Establishment of the one -year time period in subparagraph 11.2.2 relates only to the duty of the contractor to specifically correct the work. 11.3 Owner May Accept Defective or Nonconforming Work 11.3.1 If the owner chooses to accept defective or nonconforming work, the owner may do so. In such event, the contract price shall be reduced by the greater of (a) the reasonable cost of removing and correcting the defective or nonconforming work and (b) the difference between the fair market value of the project as constructed and the fair market value of the project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid contract price, if any, is insufficient to compensate the owner for its acceptance of defective or nonconforming work, the contractor shall, upon written demand from the owner, pay the owner such remaining compensation for accepting defective or nonconforming work. ARTICLE XII CONTRACT TERMINATION 12.1 Termination by the Contractor 12.1.1 If the work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Govemment, through no fault of the contractor or any person or entity working directly or indirectly for the contractor, the contractor may, upon ten (10) days' written notice to the owner and the architect, terminate performance under this contract and recover from the owner payment for the actual reasonable expenditures of the contractor (as limited in Subparagraph 10.3.2 above) for all work executed and for materials, equipment, tools, construction equipment and machinery actually purchased or rented solely for the work, less any salvage value of any such items. 12.1.2 If the owner shall persistently or repeatedly fail to perform any material obligation to the contractor for a period of fifteen (15) days after receiving written notice from the contractor of its intent to terminate hereunder, the contractor may terminate performance under this contract by written notice to the architect and the owner. In such event, the contractor shall be entitled to recover from the owner as though the owner had terminated the contractor's performance under this contract for convenience pursuant to subparagraph 12.2.1 hereunder. 12.2 Termination by the Owner 12.2.1 For Convenience: 12.2.1.1 The owner may for any reason whatsoever terminate performance under this contract by the contractor for convenience. The owner shall give written notice of such termination to the contractor specifying when termination becomes effective. 12.2.1.2 The contractor shall incur no further obligations in connection with the work and the contractor shall stop work when such termination becomes effective. The contractor shall also terminate outstanding orders and subcontracts. The contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The owner may direct the contractor to assign the contractor's rights, title and interest under terminated orders or subcontracts to the owner or its designee. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 16 12.2.1.3 The contractor shall transfer title and deliver to the owner such completed or partially completed work and materials, equipment, parts, fixtures, information and contract rights as the contractor has. 12.2.1.4 (a) The contractor shall submit termination claim to the owner and the architect specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the architect. If the contractor fails to file a termination claim within one (1) year from the effective date of termination, the owner shall pay the contractor, an amount derived in accordance with subparagraph (c) below. (b) The owner and the contractor may agree to the compensation, if any, due to the contractor hereunder. (c) Absent agreement to the amount due to the contractor, the owner shall pay the contractor the following amounts: (i) Contract prices for labor, materials, equipment and other services accepted under this contract; (ii) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the contractor's performance, plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it appears that the contractor would have not profited or would have sustained a loss if the entire contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of Toss, if any; (iii) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to subparagraph 12.2.1.2 of this paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the contractor under this subparagraph 12.2.1 shall not exceed the total contract price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 12.2.2 For Cause: 12.2.2.1 If the contractor persistently or repeatedly refuses or fails to prosecute the work in a timely manner, supply enough properly skilled workers, supervisory personnel or proper equipment or materials, or if it fails to make prompt payment to subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a material provision of this contract, then the owner may by written notice to the contractor, without prejudice to any other right or remedy, terminate the employment of the contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the contractor and may finish the work by whatever methods it may deem expedient. In such case, the contractor shall not be entitled to receive any further payment until the work is finished. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 17 a 12.2.2.2 If the unpaid balance of the contract price exceeds the cost of finishing the work, including compensation for the architect's additional services and expenses made necessary thereby, such excess shall be paid to the contractor. If such cost exceeds the unpaid balance, the contractor shall pay the difference to the owner. This obligation for payment shall survive the termination of the contract. 12.2.2.3 In the event the employment of the contractor is terminated by the owner for cause pursuant to subparagraph 12.2.2 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under subparagraph 12.2.1 and the provisions of subparagraph 12.2.1 shall apply. ARTICLE XIII INSURANCE 13.1 The insurance required under this contract is set forth in Exhibit B. Exhibit B is attached and incorporated into this contract. ARTICLE XIV MISCELLANEOUS 14.1 Governing Law 14.1.1 This contract is govemed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County, Florida. 14.2 Successors and Assigns 14.2.1 The owner and contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreement and obligations contained in this contract. The contractor shall not assign this contract without written consent of the owner. 14.3 Surety Bonds 14.3.1 The contractor shall furnish the public construction bond in the amount and form set forth in Section 255.05, Florida Statutes. 14.4 Ethics Clause 14.4.1 The contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020 -1990. For breach or violation of this provision, the owner may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 14.5 Assignment of the Architect's Duties 14.5.1 The duties of the architect under this contract may be assigned by the owner, at his discretion, to a construction manager selected by the owner. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 18 14.6 Trench Safety 14.6.1 If applicable to the project, the contractor shall comply with all relevant provisions of the Trench Safety Act (Secs. 553.60- 553.64, Fla. Stat.). 14.7 Contingency 14.7.1 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 14.8 Effective Date 14.8.1 This contract will take effect on the date of the signature of the last party to sign. IN WITNESS WHEREOF, each party has caused this Agreement t be executed by its duly authorized representative this o? 0 tb day of .)e , 1995. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By: Sc14 e. 1519a� By cl____IFAX„e/6444144,/ Deputy Clerk Mayor /Chairm Date 09' AO-9S' (SEAL) CONTRACTOR Attest: By: By: Title: Title: ]/ . APPROVED AS TO ^ ^" D LL ^LSUF ; j FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 -19 • EXHIBIT B Apra 22. 1 1st Printing MONROE COUNTY, FLORIDA INSURANCE GUIDE TO CONTRACT ADMINISTRATION Indemnification and bold harmless for Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) 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 Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all incrcascd expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification • provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance regtlirements contained elsewhere within this agreement. • Administrative instruction � 11 1/4709.1 • Acrd 22. 1993 1st rrinusig MONROE COUNTY, FLORIDA INSURANCE GUIDE TO CONTRACT ADMINISTR General Insurance Requirements for Contractors and Subcontractors Prior to the commencement of work governed by this contract tt ct ( g the pre-staging u of per and material), the Contractor shall obtain, of this contract. The as specified in the attached schedules, which arc made part Contractor will ensure that the insurance obtained will extend protection to all Sub- all Contractors engaged by the Contractor. As an alternative the Contractor may require Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence n work I satisfactory e on the. required (including pre - staging of personnel and mat )�f� below. Delays in the insurance has been furnished to tlicCounty failure of the Contractor to provide commencement of work, resulting satisfactory evidence of the required insurance, shall tt d deadlines s Cs fe i in this contract and any penalties and failure to perform assessments work commenced on the specified date and tune, 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 uired this provision may result in the immediate su � ens in the co of work�resulting insurance has been reinstated or replaced. Delays insurance shall not extend from the failure of the Contractor to maintain the required deadlines specified in this contract and any penalties and f t for perform Con nts ure shall be imposed as if the work had not been suspended, p to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurancc, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or ail insurance policies required by this contract. All insurance policies must specify that they arc not subject to canccilation, non - renewal, matcriai 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 A(1mtni tratlVC instruction 12 Y•7v7. 1 Apci122. 1993 • 1st Printing relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, for mplo res Comofficials will be included as "Additional Insured" on all policies, except in addition, the e Coun will be named as an Additional Insured and Loss Payee on all policies covering County -owned property. nts Any deviations from these General Insurance Ri t oy Wa ver of Insura 1 t quirernen on t he County prepared form enU Ri Management. and approved by Monroe County • • Admmistramc instruction ;a709.1 • April 22. 1 1st rrinting BUILDER'S RISK INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND • The Contractor shall be required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the County, Builders Risk Insurance on an All Risk of Loss form. Coverage shall include: Theft Aircraft Windstorm Vehicles Hail Smoke Explosion Fire Riot Collapse Civil Commotion Flood The policy limits shall be no less than the amount of the finished project acid coverage shall be provided on a completed value basis_ Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee. Adminvmativc 1mtruction 13R ix 14707. I • AIxi122. 1993 IA t'rinlin GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, thc Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $250,000 per Person $500,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims be reported should ext nd a date onum of n t Ive In addition, the period for which claims may b p (1 2) months following the acceptance of work by thc County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. • WmmislrauNc l■t G1.2 1S -i'v 1 Apia 22. 1793 1st rthth g VEIHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability insurance. Coverage shall be maintained throughout the life oldie contract and include, as a minimum, liability coverage for: • Owned, Non -Owned, and Mired Vehicles The minimum limits acceptable shall be: $300,000 Cotnbined Single Limit (CSL) 1f split limits arc provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issucd to satisfy the above requirements. V L2 • \dmnuaraucc lnanulion 76 • • /4xi122. 1993 1st rrnMinr, WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sutliicient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not Tess than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract Coverage shall be provided by a company or companies maintain a an 10 transact rating of business i in the state of Florida and the company or companies assigned by the A.M. Best Company. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's t atus. he Con a a Certificate required to submit a Letter of Authorization issued by Department of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self - insurance fund, a Certificate of Insurance will be required. • In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. \dmwiritaucc Imltvc.�ion WC 1 3 1 , 14707 1 �i: .::.y• .. ........ .. .:::::: :. ' }:. i .......::::::? isi::::::::}::::? iri:::• ii:• f{::•:::: ::i::v::::i:::::::1:::::}:: {:.: �::..:...... .... .. �::. •: •/: 7 . • . . •:: :;.. ;:•;•.�; • ....... .. >: :� .. :....:.::....:................,....... ......:.:.::.: ?.:.:..:......... T)A'fE'�'61KDCIIfYY) ?: 1 1 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ROGER BOUCHARD INSURANCE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 101 St a r e r es t Dr, PO Box 6090 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CLEARWATER, FL 34618 COMPANIES AFFORDING COVERAGE COMPANY 813 - 447 - 6481 A IdIRJRM COMPANY D. L. Porter Construction, Inc B Auto Owners Insurance Company & GARY A. LOER COLPANV 1100 GILLESPIE AVENUE C SARASOTA, F L 34236 COMPANY ::::fit. :>:mg::::::::»>:::>:m<:om:::::>:<<<<::::.:.>:;:;::>.:<:::.:::>::>::>::<<::>:<::>:'::>:::>::::>::::>am::><<»:::::;.<::>:»:>:<:>:>::>:<:><:'::;.g:;<:.>:'.::>:>: mm:>: s<:::>::>::::::::>:::: ::;:::gg::<:;:: >::: »:: >: «:> THIS IS TOCERTIFY THAT THE POLICIES OF INSURANCE LISTEDBELOWHAVE BEENISSUED TO THE INSURED NAMEDABOVEFORTHE POLICY PERIOD INDICA TED, NO T WIT HST ANDINGANYREOUIREMENT ,TERM ORCONDITIONOF ANYCONTRACT ORO T HER DOCUMENT WITHRESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. 00 TYPEOF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDIYY) DATE (MMRIDIM GENERALLIABLRY GENERAL AGGREGATE $ 1000000 B x COMMERCIAL GENERAL LIABILITY 20506438 1/09/95 1/09/96 PRODUCTS - COLD /OP AGO $ 1000000 I CLAIMS MADE © OCCUR PERSONAL L ADV INJURY $ 1000000 OWNER'S &CONTRACTCR•SPROT EACH OCCURRENCE $ 1000000 X LIMITS APPLY FIRE DAMAGE (Any one lire) $ 50000 PER PROJECT MED EXP (Any one parson) $ 5000 AYTOMOBLELIABLRY COMBINED SINGLE LIMIT $ B X ANV AUTO 20280555 1/09/95 1/09/96 1000000_ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per Perms) X HIRED AUTOS BODILY INJURY $ �( NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE _ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT = ANY AUTO OTHER THAN AUTO ONLY: `•�� EACH ACCIDENT = AO(SREOATE _ !XCESSLIABLITY EACH OCCURRENCE $ B J UMBRELLA F( M 71280681 1/09/95 1/09/96 AGGREGATE t OTHER THAN UMBRELLA FORM LIMITS APPLY PER PROJ = 4000000 WORKERS COMPENSATION AND I STATUTORY LIMITS EMPLOYERS•LIABLITY . ............. ..... EACH ACCIDENT $ TI-E PROPRIETOR/ INCL DISEASE • PCLICV LIMIT $ PARTNERS /EXECUTIVE OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE $ OTHER ML DE*ORPTION OF OPl RATIONSLOCATION $fd!HICLESISPECIAL ITEMS THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, ITS EMPLOYEES AND OFFICIALS ARE INCLUDED AS ADDITIONAL INSUREDS. RE: CRAWL KEY FIRE TRAINING FACILITY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED WORE THE EXPIRATION DATE THEREOF. THE =UM COMPANY WLL IHMEAVOR TO MAL MONROE COUNTY BD OF COUNTY 30 DAYS WRITTEN • TICE TO THE CERTIFICATE HOLDER NAMED TO TIM LEFT, COMM I SS I ONE RS BUT FALURE TO MA • NOTICE SHALL IMPOSE NO OBLIGATION • - LIABLRY 5100 COLLEGE ROAD of AN MP ANY, ITS �� OR AT AUTHOR •� . , -i - - ;y0HE KEY WEST, FL 33040 j ,/ 95 000 :;;; �:: �.::;;:.;::.::.:::.»:.:;:;,;:.;;;;;;;:.>:>::.::.;:.;:.>:.::.;:;;:;;:.:.;:.;:.;:.;:.;:;:;.;;;:::::.>;:.: :.:::,.;:.;:. >:.:;. >;:.::.::::- ::....THIS- CERTIFICATE...IS ISSUED • AS `. A .. MATTI:� �� 1 NFORMA�ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ROGER BOUCHARD INSURANCE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 101 Starcrest Dr, PO Box 6090 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CLEM:WATER, FL 34618 COMPANIES AFFORDING COVERAGE COMPANY 813 -447 -6481 A Florida Construction Commerce MIMED COMPANY D. L. Porter Construction, Inc B 1100 Gillespie Avenue COIAPANY Sarasota, FL 34236 C COMPANY D THISIS TOCERTIFY THAT THE POLICIES OF INSURANCE LIST ED BELO WHA VE BEENISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAT ED.NO T WIT HST ANDINGANY REQUIREMENT ,TERMORCONDITIONOF ANY CONTRACT OROTHERDOCUMENT WITHRESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEITfvIS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTa DATE (MMIDDIYY) DATE (MMIDDIYY) GENERAL LIABLITY GENERAL AGGREGATE $ COMMERCIAL GE NERAL LIABILITY PRODUCTS /OP AGG $ CLAIMS MADE 1 OCCUR PERSONAL tL ADV INJURY $ OWNER'SI CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ M=D EXP (Any one person) _ AUTOMOBL! LIABLITY COM3IIED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCIEDULED AUTOS ( � ) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE _ GARAGE LIABLITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTI-ER THAN AUTO ONLY: EACH ACCIDENT = AGGREGATE $ EXCESSLIABLIRY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE _ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND l STATUTORY LIMITS EMPLOYERS' LIABLITY A 23940 1/01/95 1/01/96 EACH ACCIDENT $ 1000000 TIE PROPRIETOR/ INCL DISEASE •POLICY LIMIT $ FARMERS/EXECUTIVE IVE 1 0 0 0 0 0 0 OFFICERS ARE: EXCL DISEASE - EACHEMPLOYEE Z 1000000 OTHER MW DESORPTION OF OPE RATION SILOCATIONSIVEHICLESISPECIAL ITEMS RE: CRAWL KEY FIRE TRAINING FACILITY SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING OOMPANY WLL ENDEAVOR TO MAL MONROE COUNTY BD OF COUNTY 30 DAYS WRITTEN • ICE TO THE C ERTP'IDATE HOLDER NAMED TO THE LEFT. COMMISSIONERS BUT FALURE • AL %/ NOT SHALL IMPOSE • IGATION OR LI / • ITT 5100 COLLEGE ROAD OF ANY ' THE SPANY. TIVEL KEY WEST, FL 33040 AUTHOR•��•, AT • J 20 as ..y 10 -19 -1995 11:16AM FROM BOUCHARD INSURANCE 8134491267 P. 2 I.Ti s. r — x g w : •�"'i�'}}F : ^�, agar Rr Q I kk . RINKNMORRODO/Y1 j '"" : : w , 'ff't;� me 'a .fx e" I r'. .. ' ,'{� - ' 1 q,, '� . . > n � :ivy n } 1, '�c v � �i a $ �'> x� ��', +f �, : -o , `,f` . . ' }o- (it e :f' �� ` " YA'Q +Wn ` k� '4 ., fll� r(.a' - �'N L THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO T HE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM • • • ROGER BOUCHARD INSURANCE . ■ ' • ' 956494 101 Stsrcrast pr, PO Box 6090 O N1! YOE DATE -4 ATION The FL 34618 10/17/95 1 12:01 X AV 11/17/95 X " IXON IS ISSUED TO EXTEND COVERAGE IN Of ABOVE sue comp.. N ply! ExDIaINOQ4ttC`v NO: Coo¢ IPM-000C IoM M OF OPENATIONYIYINIOLISN' 7Y (muting ting LOOaaorl mal Commercial Construction 100% D.L. PORTER CONSTRUCTION, INC. 1100 Gillespie AVOARR Sarasota FL 34Z36 .r - R o ,; Y x iQ3A� x +In `�'. .,' ++ N c RvYl!` % C .. « ; k; !z , :cr } S„ 7 r 1 t?"' Dp�. n c raaYj, 'r`•.- w .x "'3•r R -66.< - Yy. "� - ° : _'" .o . ' •y'j'.}.. c�3:ws.<.00`4'- ?:- rt RZ fiA.riAMI •:i. R�•F'•''L. . #i -Lr ..X: 'l Y` +Y YwEOP 1/aleh MR gavesu st roams WNW I EDU07aai OONILIL $ cAuses of Loss BU I LOE RS RI SK 296,000 1,000 IOC FiRROADISPEC. EXCLUDING WIND, F LORD & EARTIIDUAKE MI AL UNLIT GENERAL AGGREGATE $ CCPAIERCIAL GENERAL LIABILITY PRODUCTS - C AP/OP AK $ ICLABAS WOE I�D Ow PERSONAL & AW. INJURY $ NE$ & CONTRACTOR'S PRDr, EAD1 OCCURRENCE . FIRE DAMAN 1Aay one fire) IIII RETRO BATE FOR CLANS MAW MID, XPENSE o+e s • IllifeMOBILE Lwa.ITY e , COMBINED &NINE LIMIT . ANY AUTO . // /- / ' BODILY INJURY IPer 0d M ALL OWNED AUTOS BY - -- i' BODILY tNJUIIY Irel aedde.0 • SCHEDULED AUTOS / ./ y fj PROPERTY DAMAGE MI HIM AUIUI: _ — MCA PAYM[NT+ $ . NON -OeNED AUTOS -, n r, v v r c PERSONAL MARY PROT $ — VNINSUREO uQ13M$1 $ NI 0.....91 1....0,... 1 MTTO OIIYIt10A1.DAMAOE DEDUCTIBLE UALL VEIOCLE$ ' I SCIE:DUIEO VEHICLES AITUAL GSM VALE% 1.1 COLLISIOIC STATED AMOU = OTNFR TMAN COL' OTHER Exoess L.ueLITY EACH OCCURRENCE $ MI UMBIU u FOAM AGGREGATE $ III OTHER THAN U WR1tLA FQFM RETRO DATE FOR CLANS MADE: SELHNSUREO RETENTION $ STATUTORY OATS ... , , . , .. . . womena voMPOdtATIOPI IRO EACH ACCIDENT $ INWAIWKLNWLITV DISEASE - POLI CY LIMI $ DISEASE -EACH BAPtOYEt $ SPROUAL ooNOmommoimim PROJECT CRAINL KEY F 1 RE TOWER 5' •" 1,.7..:,?-:;,,,!,,.-:, c_ti } is _ r� -�k �'R ,1 iv:: x. x 17,r :s v fttcl Y 2 S fi:E: % `3^'�Y�' ?fun R A ``3 c.C�,�. ` : p � 5 3vx i , j . ' .'if'i , ^JC , . n < r m > ' �� # R3it r .h ^SAY r Y 9 3: ,i.' T 3' s £'..°!'d ?:4°t D a�?n g Los MORIGAGEE MC ACCI'DONAL INSURED MONROE COUNTY BO OF CO COMAS Mt LOSS PAYEE 5100 COLLEGE ROAD KEY WEST, FL 33040 ”' A �, eV 000 6v;;sfi W r V < •f :' V r3tiggi tfa i tfi mot s'a �c sc- at.z; V :,..;; • . wm x. •b > 4 � �' �`"s k�ee��� � e: o� z � c�»x R Ca�sk ��«.� ,sE:x:v ��•�� �.%�f's;z`.;fr.3t�3). '';c: � 'x'zc�i'� rr' � k' : o D.L. P 0 -18 - C 9G 92� T:1-813-365-1805 s INI J , 81;,44 95 10:44 No .008 P.02 P. 2 .. • THIS . , ► R IS A TEMPCIRARY INSURANCE CON - CT. SUBJECT TO THE O0NDIT1pIS SHOWN ON THE REVE SIDE CF THIS FORM ROGER WOMAN) I Nst1RANCB 101 ltaverast D►. Pb lex 0000 mg CLEARIIATER. FL 04010 10/17106 12101 MB 11/17/01 S:iu i7 OM WOMB °WP MM Al IpPQIC1/ lei OommaCf,181 Construction 10011 D.L. PORTER CONSTRUCTION, INC. 1100 0111esp1s Avenaa Sarasota FL 34215 OF LON w ILOR11S Pi SK 211,000 1,000 • tauOvemtQtnc. IXCWDINS WINO, FLOOD It • EARTWOUAKE ill - W 4SCM"""1 1" L : _ii ClIti le- I..r.4 1=1: M. eunn Mat Ljocco • wan a c0111MC100s roof r u . _ - ,.:: T.1 $ • AMr AD 1 II ALL ORM was soesr tsars 1 . t IN etokte ascot 1 - am AUJO$ i'n- III ignowin anus MI ROM LIAKIPI in Illr MI Ili or ��_ . t III 1 1111 Li tout • team MfigA itf wan *01411maraws me � 1 main rsumaar r'! t • I110.12CT : CRML KEY F I RE TCWER •/ - %, i mamma ,.'>,. in .. ( m un ri ., s 0 0 0 1 11 0 1141 IMII. U MOMOE COUNTY BD OF CO COMM IN t'.1 /K i l! 1100 CQLLEM ROAD ' / / PAY WEST, FL 33040 r Iltelif l � �/ 1) 1� ll +'i 'u .. .. •...,.. ., .. �; ;1 �• 9f4.v. .. .. , ... ,f .. i... ....,.......,.. .. " . ,. •... r. r.., . `'a . .. .. , u).i ,, -(c, , .it.J:a MOONROE COUNTY Receivaa _ I0 ! ° • GENERAL POWER ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoint JAMES W. D UNN , M I RNA RAMOS, DENISE TAYLOR, DAVID H. CARR, jointly or severally TAMPA FL its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof; for all obligees including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages and/or final estimates._ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By -laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Attorneys -la -Fact sad Agents to accept Legal Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice - President or any other person authorised by the Board of Directors, the Chairman of the Board of Directors, the President or any Via - President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys-in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment" This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice - President, and its corporate seal to be hereunto affixed this 1st day of M , 19 9 5 �;; :`'' THE AMERICAN INSURANCE COMPANY • •� 1f + J`q�MCt,toE��r 1 By Via- President STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 1st d o f May , 19 9 5 , before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice- President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. A. KRIEGER COMM .#1045112 r NOTARY PUBLIC-CALIFORNIA Notary Public • MARIN COUNTY 0 I 1 � •' 3 My Cann. E�res Mar. 20, 1999 ' T v V V V V v v v 1 CERTIFICATE STATE OF CALIFORNIA a . COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains ir, full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By -laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 20 day of September , 19 95 , ) p,C(O•fe-- JO Oi.c i • to<<f Resident Assistant Secretary 360711 -TA -3-95 • BOND NUMBER 11127257332 SECTION 00501 PUBUC CONSTRUCTION BOND . BY THIS BOND, We D.L. PORTER CONSTRUCTION, INC. . as Principal and THE AMERICAN DURANCE CoaPANY . a corporation, as Surety, we bound to MONROE COUNTY BOARD OF COUNTY CONNISSIONERS , herein called Owner, in the sum of $ 286, . 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.. SQptemher . 2n_ 1995 19 95 , between Principal and Owner for construction of CRAWL REF FIRE TRADNING FACILITY , 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 tosses, damages, including damages for delay. expenses, costs, and attomey'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. DATED ON SPptPmh r 2n . . 19 , 5„ D.L. PORTER CONSTRUCTION, INC. NAME OF PRINCIPAL) BY: C _ 11 11t.Q/!►* V P. 1110 INQUIRIES: 813- 281 -2095 DENISE TAYLOR, ' ORNEY -IN- FACT) MS LICENSED S i� r' . AGENT THE AMERICAN INSURANCE COMPANY ..�- (NAME OF SURETY) PUBLIC CONSTRUCTION BOND 00501 -1 • m o- I m a D n D 0 "o 0 - 0 -n -1 D c o 0 K X) 0 co D D o m= ^ c o ° o m o B 0 ° v m _ c1 c n m n S 01 •• m ° G1 o o al =^ , am a M'',:o - . O .- m - n 0 r In D C7 4 n ° o m n v i° 2 C1 m ° Z 7q co c 7 m 3 D(� o ii un o 2 ao T z c7 0� o 0 N 7 "" o c m o o D n n m o� d 3° n d 3 m r m X o. N a 3 v o a o - = a s m • C7 r o O = c o � f l 3 0 0 O c ct, n o�a mFom c -o xi e+ c —4 Q N a = m D =i - Q , m C T /`: co o V CD N N (- C a s m' j ' in m rl• 73 r) a a s- 3 0 a m Z 0' m Z °' m c7 m ' a 2 m = —1 v) `'< @ a d �+ ? n o =; 0 o a C r te, ; 3 0,� a 0 m o z 0 t� i 3 . N ' nao ,..4 5- 3 z ∎ -) y co m 3 R G7 O m m m o z 3 a o c0 O ° '19 ° ° w Cl) f m a c fD m N m N m r) rr A 0 m N 1-1 z 0 cm o aac•°: t� n / ?3 o - c 3 -1 r c ° a m 1 -o ° --I N m < a o, a o a � a . r 0 a o '< 0 R. 0 a a p U O o c ° v m� OaN ( =Z ao ° 0 ° a N '" g d n m a m O f = D c a q D a 3 _ Z cn u) W v 8 g" -I i.0 0 m o m o 0 m 3. N En— o m m ov o o m 7 ' • o d ? o m _ 0 ig 3 m a �, a o o b m < 3 m 3 cn ca o '' N y 1. O • W 10 -n "� c a N HH m ' a o 0 m C� t..) (° O � 3 ° iv m o a m o 3 o u, ° so� n . - a a co Q o CO 0 - 0 0 0 o O 0-o m m ii, f n v 0 cn ' D - m n ;, if m 0 - 9 K D m 0 < m a O v ? = w m a m co v? 0 m a a o 0 m CO m C„ N a a D O o c a o y 0 O O O - a m m. 3.o N o o o . co N O ° co N m N 3 > j 0 m 3° m° m m m .00. o o Q ° = 1 ° J Co N 0 o :1' o m 3 N 01 O 7^ c 3 o Q m m iii O 0 O al m 0 o- j s y' < 0 O N' m N Q F p o a m m , f m ; o m m co c am f a 0 • CRAWL KEY FIRE SAFETY TRAINING STRUCTURE ADDENDUM NO. 2 AUGUST 25, 1995 The information contained in this Addendum modifies, supplements or replaces information contained in the Bid and is hereby made a part of the Contract Documents. 1. The attached General Specifications, Section 1, 2, 3, and 4, dated, August 24, 1995, replace the same sections dated January 20, 1995, in the original bid documents. These General Specifications are to be used in the bid contract and construction. 2. All exposed metal/steel indicated on stair details to be galvanized or protected from rust corrosion and heavy maintenance. Submit sample for approval. 3. Detail 5 and 6 on Sheet A -5 use a 2 x 12 in lieu of 2 x 4 shown. 4. Electric panel on building to be lockable and watertight. All other items remain as drawn and specified. End of Addendum No. 2. , 111.° Bibo, A.LA C • struction Manager GENERAL SPECIFICATIONS AUGUST 24, 1995 TABLE OF CONTENTS 1. Bidding Documents Section 00030 Notice of Calling for Bids Section 00100 Instruction to Bidders Section 00110 Proposed Form Section 00163 Pre -Bid Substitutions Section 00220 Geotechnical Data Section 00230 Site Survey Section 00300 Scope of Work Section 00350 Milestone Schedule /Liquidated Damages 2. Contract Documents Section 00500 Form of Agreement Between Owner and Contractor Section 00501 Public Construction Bond 3. Conditions Section 00750 General Conditions, AIA Document A201 /CM, June 1980 edition Section 00800 Supplementary General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan 4. General Requirements Section 01027 Application for Payment 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 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 TABLE OF CONTENTS 0001 - 1 Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data 5. Technical Specifications DIVISION 02 —SITE WORK Section 02100 Site Preparation Section 02110 Clearing and Grubbing Section 02200 Earthwork Section 02370 Friction Bearing Auger Cast Piles Section 02510 Concrete Curbs, Walks and Paving Section 02513 Asphalt Concrete Paving Section 02580 Pavement Marking Section 02720 Storm Drainage Section 02820 Fire Well Section 02841 Bicycle Rack Section 02900 Landscaping DIVISION 03— CONCRETE Section 03050 Concrete Testing and Control Section 03100 Concrete Formwork Section 03200 Concrete Reinforcement Section 03300 Cast -in -Place Concrete Section 03420 Precast - Prestressed Concrete DIVISION 04— MASONRY Section 04340 Reinforced Unit Masonry System DIVISION 05— METALS Section 05411 Light Gauge Steel Framing and Prefabricated Steel Roof Trusses Section 05450 Light Gauge Metal Framing Section 05500 Metal Fabrications Section 05515 Ladders Section 05520 Handrails and Railings DIVISION 06 —WOOD Section 06100 Rough Carpentry Section 06200 Cabinetry TABLE OF CONTENTS 0001 - 2 DIVISION 07— MOISTURE PROTECTION Section 07190 Vapor Retarder Section 07210 Building Insulation and Firestopping Section 07535 Modified Asphalt Built -up Roofing Section 07610 Performed Metal Roofing Section 07620 Copper Flashings and Trim Section 07920 Sealants and Caulking DIVISION 08 —DOORS AND WINDOWS Section 08110 Metal Doors and Frames Section 08210 Flush Wood Doors Section 08300 Special Doors Section 08330 Overhead Coiling Grille Section 08410 Aluminum Assemblies Section 08520 Aluminum Windows Section 08710 Door Hardware Section 08810 Glass and Glazing DIVISION 09— FINISHES Section 09205 Furring and Lathing Section 09220 Stucco and Cement Plaster Section 09260 Gypsum Wallboard Systems Section 09310 Ceramic Tile Section 09510 Acoustical Panel Systems Section 09650 Resilient Flooring Section 09680 Carpet Section 09900 Painting DIVISION 10— SPECIALTIES Section 10200 Louvers and Vents Section 10352 Flagpoles Section 10505 Metal Lockers Section 10522 Fire Extinguisher and Cabinets Section 10700 Storm Shutters and Panel Section 10810 Toilet Accessories DIVISION 11— EQUIPMENT Section 11450 Residential Equipment Section 11630 Laundry Equipment TABLE OF CONTENTS 0001 - 3 DIVISION 15— MECHANICAL Section 15000 Basic Mechanical Requirements Section 15110 Mechanical Identification Section 15290 Ductwork Insulation Section 15410 Plumbing Piping Section 15430 Plumbing Specialties Section 15440 Plumbing Fixtures Section 15450 Plumbing Equipment Section 15510 Compressed Air Piping & Fuel Oil Section 15671 Air Cooled Condensing Unit Section 15855 Air Handling Unit With Coils Section 15870 Power Ventilator Section 15890 Ductwork Section 15910 Ductwork Accessories Section 15936 Air Outlets and Inlets Section 15991 Testing, Adjusting and Balancing (TAB) of Heating, Ventilating & Air Conditioning (HVAC) Systems) DIVISION 16— ELECTRICAL Section 16010 General Electrical Provisions Section 16111 Conduit Section 16123 Building Wire and Cable Section 16130 Boxes Section 16141 Wiring Devices Section 16180 Equipment Wiring Systems Section 16190 Supporting Devices Section 16195 Electrical Identification Section 16440 Electrical Identification Section 16450 Secondary Grounding Section 16470 Panelboards Section 16495 Transfer Switch Section 16510 Interior Luminaires Section 16530 Site Lighting Section 16622 Packaged Engine Generator Systems Section 16670 Lighting Protection Section 16722 Intrusion Detection and Security Access System Section 16741 Telephone Raceway System 6. Drawings * * * * ** END OF SECTION 00001 TABLE OF CONTENTS 0001 - 4 SECTION 00030 NOTICE OF CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on 1995 at 10:00 AM, at the Purchasing Office, a committee consisting of the Director of O.M.B., the County Administrator, the County Attorney, the Construction Manager and the Division Director of , or their designees, will open sealed bids for the following: All bids must be received by the Purchasing Office, College b before Road, Public llic on Service Building, Cross Wing, Room #002, Stock Island, Key West, Florida a 330 O o 1995. All bids, including the recommendation of the County Administrator and the requesting Department Head, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board will automatically reject the bid of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Section 287.017. All bidders submitting bids for construction, improvement, remodeling or repair of public buildings, will furnish evidence that the bidder holds an appropriate current certificate or registration per Ch. 489.131 F.S. unless exempt under Ch. 489.103 F.S. All bidders must submit two (2) signed originals and one (1) complete copy of each bid in a sealed All envelope marked on the outside, "Sealed Bid for bids must remain valid for a period of ninety (90) days. Specifications and /or further information may be obtained by contacting (name), (dept), (address), (305) (phone). Drawings and specifications can be obtained for the refundable deposit sum of $50.00, payable to Monroe County. A pre -bid conference will be held on at 10:OOAM, The Board reserves the right to reject any and all bids, to waive informalities in any or all bids, and to readvertise for bids. The Board also reserves the right to award a contract in the best interest of the County. Dated at Key West, Florida, this day of , 19 John Carter Director, Office of Management & Budget, for Monroe County, Florida 00030 - 1 NOTICE OF CALLING FOR BIDS SECTION 00100 INSTRUCTIONS TO BIDDERS To be considered, Bids must be made in accordance with these Instructions to Bidders. ARTICLE 1 DEFINITIONS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions shall have the same meanings or definitions as assigned to them in the General Conditions. 1.2 Bidding Documents include the Advertisement to Bid, Instructions to Bidders, Bid Proposal, Pre -Bid Substitutions, Scope of Work, Milestone Schedule and other sample bidding and contract forms and the proposed Contract Documents including any addenda issued prior to receipt of Bids. The Contract Documents proposed r the Work consist of the Standard Form of Agreement, General Conditions, Supplementary General Conditions, General Requirements, Technical Specifications, Drawings, and other sample contract forms. 1.3 Addenda are written or graphic instruments issued by the Owner through the Construction Manager prior to the receipt of Bids which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections. 1.4 A Bid is a complete and properly signed proposal to do the Work for the lump sums, including any Owner Options or Alternates stipulated therein, and submitted in accordance with the Bidding Documents. 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which may be added or from which Work may be deleted for sums stated in Alternate Bids or Owner Option Bids. 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted. 1.7 An Owner Option Bid (or Option) is an amount stated in the Bid, which can be exercised by the Owner through the Construction Manager, for the corresponding change in the work as described in the Bidding Documents. This Owner Option can be exercised at any time during the contract duration. 1.8 A Bidder is a person or entity who submits a Bid. 1.9 A Sub - bidder is a person or entity who submits a bid to a Bidder for materials or labor for a portion of the Work. INSTRUCTIONS TO BIDDERS 00100 - 1 1.10 An Allowance is a given amount to be included in the Bidders proposal. From this Allowance, payments will be made to the vendor for the specified service or project. If the contractor is responsible for making payments, he will be reimbursed for the payments to the vendor via presentation of invoices in his monthly payment application. Allowance includes labor, materials, installation, permits, etc. 1.11 The term "provide" means hinstall". nd all pu char ng requirements and mean install" are used, this shall purchase, procedures, and installation complete, as per the specified or implied requirements. 1.12 The term "perform" means to comply fully with the specified or implied requirements. ARTICLE 2 COPIES OF BIDDING DOCUMENTS 2.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Notice of Calling for Bids for the stipulated deposit sum. Deposits should be made payable to Monroe County, Florida. Bidders who submit a bona fide bid and return the Bidding Documents in good condition within (20) calendar days after receipt of bids, will be refunded the deposit sum. If pages are written on, drawings are torn, or if the issuing office considers the Bidding Documents unusable, then the deposit will be forfeited. 2.2 Bidders shall use complete sets of Bidding Documents in prep nor the Architect/Engineer Bids where applicable. Neither the Owner nor th e Construction Manager , assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. ARTICLE 3 EXAMINATION OF BIDDING DOCUMENTS AND SITE 3.1 Before Submitting a Bid: 3.1.1 Each Bidder shall thoroughly examine all the Bidding Documents. 3.1.2 Each Bidder shall visit the site to familiarize himself with local conditions that may in any manner affect the cost, progress, or performance of the Work. 3.2 The lands upon which the Work is to be performed, right -of -ways for access thereto and other lands designated for use by the Contractors in performing the Work are identified in the General Requirements or Drawings. 3.3 Each Bidder shall study and carefully correlate his observations with the Contract Documents. 3.4 The submission of a Bid will constitute a representation by the Bidder that he has complied with every requirement of Article 3 and that the Contract Documents are 00100 -2 INSTRUCTIONS TO BIDDERS sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. ARTICLE 4 INTERPRETATION AND CORRECTION OF BIDDING DOCUMENTS 4.1 Bidders and Sub - bidders shall promptly notify the Construction Manager of any ambiguity, inconsistency or error which they may discover upon examination of the Bidding Documents or of the site and local conditions. 4.2 Bidders and Sub - bidders requiring clarification or interpretation of the Bidding Documents shall submit their questions in writing to the Construction Manager no later than ten calendar days prior to the date for receipt of Bids. Any interpretation, correction or change of the Bidding Documents will be accomplished by Addenda mailed or delivered to all parties recorded as having received plans. Copies of Addenda will also be made available for inspection wherever Bidding Documents are on file for that purpose. Interpretations, corrections, or changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections, and changes. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5 BIDDING PROCEDURE 5.1 FORM AND STYLE OF BIDS 5.1.1 The Bid Proposal shall be submitted on the forms included in Section 00110 of these Bidding Documents with the exception of the Bid Bond, which may be submitted in alternate forms as described in Section 5.3.1 of these Instructions to Bidders. Each of the forms in Section 00110, must be properly filled out, executed, and submitted as the Bid Proposal. 5.1.2 All blanks on the Bid Form shall be filled in with ink or by typewriter. 5.1.3 Where so indicated on the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. 5.1.4 Any interlineation, alteration, or erasure must be initialed by the signer of the Bid. 5.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change ". Failure to comply shall constitute a non - responsive bid. 5.1.6 All requested Allowances shall be bid. Failure to comply shall constitute a non - responsive bid. 00100 - 3 INSTRUCTIONS TO BIDDERS 5.1.7 All requested Owner Options shall be bid. Failure to comply shall constitute a non - responsive bid. 5.2 ADDENDA 5.2.1 Each Bidder shall ascertain prior to submitting his Bid that he has received all Addenda issued, and he shall acknowledge their receipt in his Bid. 5.2.2 No Addenda will be issued later than four calendar days prior to the date for receipt of Bids except for an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. 5.2.3 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. 5.3 BID SECURITY 5.3.1 Each Bid shall be accompanied by a Bid Security made payable to Monroe County, in the amount of five percent of the Bidder's maximum Bid price. The Bid Security shall be in the form of a certified check, cashiers check or a Bid Bond issued by a surety meeting the requirements of the form in Section 00110. If a Bid Bond is submitted as Bid Security, the attorney -in -fact who executes the bond on behalf of the surety shall affix to the Bond a certified and current copy of his power of attorney. 5.3.2 The bid surety constitutes a pledge by the Bidder that he will enter into a Contract with the Owner on the terms stated in his Bid and will furnish the required Public Construction Bond, as described in the General and Supplementary Conditions of this contract. The Bid Security of the successful Bidder will be retained until such Bidder has entered into a Contract with the Owner and furnished the required Public Construction Bond, whereupon it will be returned. If the successful Bidder fails to execute and deliver the Contract and furnish the required Bond, the Owner may annul the Notice of Award and the amount of the bid security of that Bidder shall be forfeited to the Owner not as a penalty, but as liquidated damages. 5.3.3 The bid security of any Bidder whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until either (a) the Contract has been executed and the required Bond has been furnished, or (b) the ninety -first (91st) day after the Bid opening, or (c) all Bids have been rejected. The bid security of the other Bidders will be returned within twenty -one (21) days of the Bid opening. 5.4 SCHEDULING, MANPOWER REQUIREMENTS, AND PERMITS 5.4.1 The overall schedule for construction is shown in the Bidding Documents "Milestone Schedule." INSTRUCTIONS TO BIDDERS 00100 - 4 5.4.2 The Contractor will be required to provide adequate manpower and equipment in order to meet the requirements of the schedule. 5.4.3 The Bidders shall determine all permits, impact fees, inspections and surveys (and fees required by same) required by Federal, State, or Municipal bodies having jurisdiction over the project and shall include in his bid proposal the cost of all such permits, impact fees, inspections and surveys. The Contractor shall be required to secure and pay for all such permits, impact fees, inspections and surveys required for the execution of this Contract, except as noted elsewhere herein (refer to subparagraph 4.7.1 on Page 00800 -3 of the Contract Supplementary General Conditions). The County will not assess any County building permit or County impact fees. The Contractor will be responsible for any other building permit costs or impact fees required for this project. 5.5 SUBMISSION OF BIDS 5.5.1 Bids shall be submitted to Monroe County at the designated location not later than the time and date for receipt of Bids indicated in the Notice of Calling for Bids, or any extension thereof made by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened. 5.5.2 Two (2) originals and one (1) copy of all bidding documents are to be submitted. Place the bid security in its own separate envelope, marking on the outside "Bid Security ", and place all other bidding documents in another envelope, marking on the outside "Proposal Documents ". Both envelopes are to be inserted in one larger envelope. If the Bid is hand - delivered, the envelope shall be filled out as follows: 1. In the upper left hand corner, place the Bidder's name and address. 2. In the center of the envelope, put the following: Monroe County Purchasing Department Public Service Building, Room 002 5100 College Road, Stock Island Key West, FL 33040 3. In the lower left hand corner, put the following: Bid for: To be opened: (Date) (Time) In item 3. above, fill in the Bid for and Project Name. In addition, fill in the date and time for opening of the bids, in order that you may remind yourself of the deadline. INSTRUCTIONS TO BIDDERS 00100 - 5 If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof. And then address the mailing envelope in the conventional manner. 5.5.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 5.5.4 Oral, telephonic, or telegraphic Bids are invalid and will not receive consideration. 5.6 MODIFICATION AND WITHDRAWAL OF BIDS 5.6.1 A Bid may not be modified, withdrawn, or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids and each Bidder so agrees in submitting his Bid. 5.6.2 Prior to the time and date designated for receipt of Bids, any Bid submitted may be modified or withdrawn by notice to Monroe County Purchasing Department at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the bidder or by telegram. If by telegram, the written confirmation over the signature of the Bidder shall be mailed and postmarked on or before the date and time set for receipt of Bids, and it shall be so worded as not to reveal the amount of the original Bid. 5.6.3 Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 5.6.4 Bid Security shall be in an amount sufficient for the Bid as modified or resubmitted. 5.6.5 Conditional, modified, or qualified bids will be rejected. Bidders are to comply with the instructions on the bid forms, and not make any changes thereto. 5.7 RIGHT TO CLAIM ERROR IN BID 5.7.1 Each Bidder's original work papers, documents, and materials used in preparation of the bid shall be enclosed in an envelope and marked clearly as to contents, must be received by Monroe County Purchasing Department no later than 24 hours after the time and date for receipt of Bids, or any extension thereof made by Addendum. Bidders who fail to submit their original work papers, documents, and materials used in the preparation of the bid, as provided herein, waive all rights to claim error in the Bid. 5.7.2 Owner will review documents submitted within the designated time frame for the purpose of determining the validity of the Bidders claim. INSTRUCTIONS TO BIDDERS 00100 - 6 5.7.3 Following review of the Bidder's claim the Owner may: a. Allow the Bidder to withdraw the Bid and the Owner retains the Bid Security. b. Allow the Bidder to withdraw the Bid and the Owner returns the Bid Security. c. Allow the Bidder to enter into contract for the proposed Work at the original Bid price. ARTICLE 6 CONSIDERATION OF BIDS 6.1 OPENING OF BIDS 6.1.1 The properly identified Bids received on time will be opened at the Monroe County Purchasing Department. 6.1.2 Any Bid not received by the Purchasing Department on or before the deadline for receipt of bids designated in the Notice of Calling for Bids will be returned unopened. 6.2 BIDS TO REMAIN OPEN 6.2.1 All Bids shall remain open for ninety (90) days after the date designated for receipt of Bids. 6.2.2 The Owner may, at his sole discretion, release any Bid Proposal and return the Bid Security before the ninety (90) days has elapsed. 6.3 AWARD OF CONTRACT 6.3.1 The Owner reserves the right to reject any and all Bids or any part of a Bid, to waive the right to disregard all nonconforming, nonresponsive or conditional Bids. 6.3.2 In evaluating Bids, the Owner may consider the qualifications of the bidders and whether or not the Bids comply with the prescribed requirements in the Bid Instruction. If requested by the Construction Manager, Bidders shall submit a properly filled out and executed Contractor's Qualification Statement after submission of bid, and prior to the Bid Clarification Meeting. An AIA Document A305 -1986 is to be completed for this purpose. 6.3.3 The Owner shall have the right to accept alternates. The alternates will be accepted only in the order they are listed; alternate number one will be accepted first, alternate number two, second, and so on. 6.3.4 The Owner may consider the qualifications and experience of subcontractors and /or other entities (including those who are to furnish materials, or equipment INSTRUCTIONS TO BIDDERS 00100 - 7 fabricated to a special design) proposed for each of the principal portions of the Work. If requested by the Construction Manager, Bidders shall submit their listing of subcontractors after submission of bids, and prior to the Bid Clarification Meeting. A Proposed Subcontractor Listing Form supplied by the Owner is to be completed for this purpose. 6.3.5 The Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of the Bidders, proposed subcontractors, and other persons or organizations to do the Work in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. The Owner has the right to conduct Bid Clarification meetings with any bidder, to determine if bidder has bid the scope of work in its entirety. Bidder shall be required to attend bid clarification meetings, as necessary. 6.3.6 The Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to their satisfaction. 6.3.7 If the Contract is awarded, it will be awarded to the Bidder whose evaluation by the Owner shows him to be responsible and has indicated to the Owner that the award will be in the best interests of the Project. 6.3.8 If the Contract is to be awarded, the Construction Manager will issue the Notice of Award to the successful Bidder within ninety (90) days after the date of receipt of bids. The Owner reserves the right to return all Bids, not make any awards, and cancel the Project. 6.3.9 The Owner is tax exempt and reserves the right to purchase directly various construction materials and equipment that may be a part of the Contract. If the Owner elects to make a particular purchase, the Owner will, via a Purchase Contract, purchase the materials and equipment, and the Contractor shall assist the Construction Manager in the preparation of these Purchase Contracts, including providing to the Owner appropriate tax credits. 6.4 EXECUTION OF CONTRACT 6.4.1 The Contractor shall sign and deliver all four copies of the Contract Agreement to the Construction Manager prior to the Board of County Commissioners Meeting scheduled to approve a Notice of Award. All other Contract Documents such as the Public Construction Bond and Insurance Certificates are to be provided to the Construction Manager within five days after receipt of Notice of Award. A Notice to Proceed will be issued to the Contractor upon satisfactory compliance with these provisions. In no event shall the failure of the Contractor to provide satisfactory bond and insurance certificates within the stipulated time be cause for an extension of the contract time. The Construction Manager will return one fully executed copy of the Contract Agreement to the Contractor with all other Contract Documents attached upon receipt from the Owner. INSTRUCTIONS TO BIDDERS 00100 - 8 ARTICLE 7 SPECIAL LEGAL REQUIREMENTS 7.1 Each Bidder, before submitting the Bid, shall familiarize itself with all Federal, State, and local laws, ordinances, permit fees, impact fees, rules and regulations that may apply to the Work or that may in any manner affect the cost, progress, or performance of the Work. 7.2 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ** *END OF SECTION 00100 * ** INSTRUCTIONS TO BIDDERS 00100 - 9 SECTION 00110 BID PROPOSAL The Bid Proposal shall be submitted on the forms included in this section of the Bidding Documents as previously instructed herein. Item Description Pages 1. Proposal Form 2 - 3 2. Bid Bond 4 3. Non - Collusion Affidavit 5 4. Lobbying and Conflict of Interest Clause 6 5. Contractor License Current Copy to Be Submitted with Bid Subcontractor Licenses to Be Submitted Prior to Award of Notice to Proceed BID PROPOSAL 00110 - 1 SECTION 00110 PROPOSAL FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT PUBLIC SERVICE BUILDING, ROOM 002 5100 COLLEGE ROAD, STOCK ISLAND KEY WEST, FLORIDA 33040 BID FROM: The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: 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 conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. dollars. (Total Base Bid - words) I acknowledge receipt of Addenda No.(s) I have included pages 2 through 6 of the Bid Proposal which entails the Proposal Form , the required Bid Security , the Non - Collusion Affidavit , and the Lobbying and Conflict of Interest Clause . In addition, I have included a certified copy of Contractor's License. BID PROPOSAL 00110 - 2 (Check mark items above. as a reminder that they are included.) Mailing Address: Phone Number: Date: Signed: (Name) (Title) Witness: (Seal) BID PROPOSAL 00110 - 3 THE AMERICAN INSTITUTE OF ARCHITECTS eN • rr • AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we !Here mum fvll mine and address or legal idle or Contraclon as Principal, hereinafter called the Principal, and Mere mum full name and address or lepl rifle of Sweet a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Heft rmen Nil name and address 0, IRO flue of Owner, as Obligee, hereinafter called the Obligee, in the sum of Dollars (S ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here rnsen full name. address and descrrpf,On of prOleCii NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the Work covered by said bid, then this obligation shall be null and void. otherwise to remain in full force and effect. Signed and sealed this day of 19 (Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) (Title) AIA DOCUMENT Ajta • 510 BONO • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE Ai ♦ar l.iiTrt•TC 1TSC w v •vc u uu u,acur• ^ ^ •W•• BID PROPOSAL 00110 - 4 SECTION 00110 NON - COLLUSION AFFIDAVIT of the city according to law on my oath, and under penalty of perjury, depose and say that: 1. lam of the firm of the bidder making the Proposal for the project described in the notice for calling for bids for: and that I executed the said proposal with full authority 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 prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be 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 this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Bidder) (Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his /her signature in the space provided above on this day of , 19 NOTARY PUBLIC My commission expires: BID PROPOSAL 00110 - 5 SECTION 00110 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE • (Company) • 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 without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee ". (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He /She is personally known to me or has produced as identification. (type of identification) NOTARY PUBLIC My commission expires: BID PROPOSAL 00110 - 6 SECTION 00163 PRE - BID SUBSTITUTIONS PART 1 - GENERAL. 1.1 Document includes A. Pre -Bid Substitutions 1.2 BIDDER'S OPTIONS A. For products specified only by reference standard, select product meeting that standard, by any manufacturer. B. For products specified by naming several products or manufacturers, select one of products and manufacturers named which complies with the Technical Specifications. C. For Products specified by naming several products or manufacturers and stating "or equivalent ", "or equal ", or "or Architect/Engineer approved equivalent ", or similar wording, submit a request as for substitutions, for any product or manufacturer which is not specifically named for review and approval by the Architect. D. For products specified by naming only one product/manufacturer, there is no option and no substitution will be allowed. 1.3 SUBSTITUTIONS A. Base Bid shall be in accordance with the Contract Documents. 1. Substitutions for products may be made during the bidding by submitting completed substitution request form and substantiating product data /literature a minimum of ten calendar days prior to the Bid Date to the Architect/Engineer through the Construction Manager. 2. The Architect/Engineer will consider requests utilizing this section from the Bidder for substitution of products in place of those specified. 3. Those submitted 10 calendar days prior to Bid Date will be included in an addendum if acceptable. 4. Substitution requests may be submitted utilizing a facsimile machine (FAX) if substitution request forms and substantiating data are submitted. PRE -BID SUBSTITUTIONS 00163 - 1 B. Submit separate request for each substitution. Support each request with: 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. All effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Designation of required license fees or royalties. 7. Designation of availability of maintenance services, sources of replacement materials. C. Substitutions will not be considered for acceptance when: 1. Acceptance will require substantial revision of Contract Documents. 2. In the judgement of the Owner or Architect/Engineer, the substitution does not include adequate information necessary for a complete evaluation. D. The Architect/Engineer will determine the acceptability of any proposed substitution. 1.4 BIDDER'S REPRESENTATION A. In making formal request for substitution the Bidder represents that: 1. He has investigated proposed product and has determined that it is equivalent to, or superior in all respects to that specified. 2. He will provide same warranties or bonds for substitution as for product specified. 00163 -2 PRE -BID SUBSTITUTIONS 3. He will coordinate installation of accepted substitution t heWork, o an d will make such changes as may be required for the be in all respects. 4. He waives claims for additional costs caused by substitution which may subsequently become apparent. 5. Cost data is complete and includes related costs under his Contract, but not: a. Costs under separate contracts. b. Architect/Engineer's costs for redesign or revision of Contract Documents. 6. Cost data need not be submitted, if request is for inclusion in an addendum. 1.5 ARCHITECT /ENGINEER'S DUTIES A. Review requests for substitutions with reasonable promptness. B. Issue an addendum to identify accepted substitutions. C. Substitution requests that are not approved will be returned to the party submitting the request. 1.6 SUBSTITUTION REQUEST FORM A. The form is attached to this Section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with all required back -up data. 00163 -3 PRE -BID SUBSTITUTIONS TO: Project Architect/Engineer ph: FAX: 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 I Paragraph Specified Item I I 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: Title Signature Firm Address City / State / Zip Code 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. Apvd as noted Not Apvd For use by the Architect: Approved A P Recd too late Insufficient data received By Date 00163 -4 PRE - BID SUBSTITUTIONS I 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. Designation of maintenance services and sources: (Attach additional sheets if required.) 00163 -5 PRE -BID SUBSTITUTIONS SECTION 00220 GEOTECHNICAL DATA A. Data concerning subsurface materials and conditions obtained from test borings has been made available by the Owner for the Architect's use in designing the project. B. The report and test boring data is for information only. Requirements stated or implied in the report are not requirements of the Contract Documents. The report is solely to inform the Bidder of the type and character of the materials to be encountered. 00220 -1 GEOTECHNICAL DATA SECTION 00230 SITE SURVEY A. The Plat of Survey and other survey data, are available in the Office of the Construction Manager for review, and are for the general information of the bidder. The data contained was prepared by the Owner for the Architect's use for the design of the project, and neither the Owner nor the Architect, nor the Construction Manager make any representation, guarantee of warranty as to the accuracy or completeness of data indicated, expressed or implied. B. Bidders shall visit the site, make their own investigations, assumptions and conclusions as to the nature and extent of existing surface and overhead conditions affecting the work. Neither the Owner nor the Architect, nor the Construction Manager will be responsible for additional type or extent of work required to be performed under the Contract due to any assumptions or conclusions by the successful bidder based upon the survey information provided. 00230 -1 SITE SURVEY SECTION 00300 SCOPE OF WORK 1.1 GENERAL SCOPE Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawings and detailed in the Technical Specifications included in this Bid Package. 1.2 SPECIAL PROVISIONS The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Bid Package. .1 All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to the Construction Manager prior to notice to proceed. Contractor's license to accompany bid. .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 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 Construction Manager in any event, in order to not compromise the Owner's right to make appropriate decisions. .5 Contractor shall maintain As -Built Drawings, (Record Drawings per Section 01720), of his work progression. .6 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. SCOPE OF WORK 00300 -1 SECTION 00350 MILESTONE SCHEDULE/LIQUIDATED DAMAGES 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 milestone dates. 1. Bid Documents Available 2. Pre -Bid Conference 3. Bid Due Date 4. Award Date (Anticipated) 5. Notice to Proceed and Preconstruction Meeting (Anticipated) 6. Final Completion LIQUIDATED DAMAGES Conditions Under Which Liquidated Damages are Imposed —The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Construction Manager's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00 /Day $100.00 /Day $250.00 /Day $50,000.00- 99,999.00 100.00 /Day 200.00 /Day 750.00 /Day $100,000.00 - 499,999.00 200.00 /Day 500.00 /Day 2,000.00 /Day $500,000.00 and Up 500.00 /Day 1,000.00 /Day 3,500.00 /Day The Contractor's recovery of damages, and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. END OF SECTION 00350 MILESTONE SCHEDULE 00350 - 1 SECTION 00500 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is made by and between Monroe County, 5100 College Road, Stock Island, Key West, Florida 33040 (hereinafter referred to as "owner") and (hereinafter referred to as "contractor") for construction of , the specifications and architectural and engineering drawings for which are attached and incorporated into this contract as Exhibit A (hereinafter referred to as the "Project "), the owner and the contractor hereby agreeing as follows: ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 1.1 The Contract 1.1.1 The contract between the owner and the contractor, of which this agreement is a part, consists of the contract documents. It shall be effective on the date this agreement is executed by the last party to execute it. 1.2 The Contract Documents 1.2.1 The contract documents consist of this agreement, the specifications, the drawings, all change orders, any addenda and field orders issued hereafter, any other amendments hereto executed by the parties hereafter, together with the following: Exhibit A; Exhibit B. Documents not enumerated in this paragraph 1.2.1 are not contract documents and do not form part of this contract. 1.3 Entire Agreement 1.3.1 This contract, together with the contractor's public construction bond for the Project, constitute the entire and exclusive agreement between the owner and the contractor with reference to the Project. Specifically, but without limitation, this contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the owner and contractor. 1.4 No Privity with Others 1.4.1 Nothing contained in this contract shall create, or be interpreted to create, privity or any other contractual agreement between the owner and any person or entity other than the contractor. 1.5 Intent and Interpretation 1.5.1 The intent of this contract is to require complete, correct and timely execution of the work. Any work that may be required, implied or inferred by the contract documents, or any one or more of them, as necessary to produce the intended result shall be provided by the contractor for the contract price. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 1 1.5.2 This contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one contract document shall be considered as required by the county commissioners. 1.5.3 When a word, term or phrase is used in this contract, it shall be interpreted or construed, first, as defined herein, second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. 1.5.4 The words "include," "includes," or "including," as used in this contract, shall be deemed to be followed by the phrase, "without limitation." 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this contract shall not imply that any other, nonspecific act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this contract. 1.5.6 Words or terms used as nouns in this contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 1.5.7 The contractor shall have a continuing duty to read, carefully study and compare each of the contract documents, the shop drawings and the product data and shall give written notice to the owner of any inconsistency, ambiguity, error or omission which the contractor may discover with respect to these documents before proceeding with the affected work. The issuance, or the express or implied approval by the owner or the architect of the contract documents, shop drawings or product data shall not relieve the contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the contractor's compliance with this contract. The owner has requested the architect to only prepare documents for the project, including the drawings and specifications for the project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction and that the contractor has not, does not, and will not rely upon any representation or warranties by the owner concerning such contract documents as no such representation or warranties have been or are hereby made. 1.5.8 As between numbers and scaled measurements on the drawings and in the design, the numbers shall govern; as between larger scale and smaller scale drawings, the larger scale shall govern. 1.5.9 Neither the organization of any of the contract document into divisions, sections, paragraphs, articles (or other categories), nor the organization or arrangement of the design, shall control the contractor in dividing the work or in establishing the extent or scope of the work to be performed by subcontractors. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 2 1.6 Ownership of Contract Documents 1.6.1 The contract documents, and each of them, shall remain the property of the owner. The contractor shall have the right to keep one record set of the contract documents upon completion of the project; provided, however, that in no event shall contractor use, or permit to be used, any or all of such contract documents on other projects without the owner's prior written authorization. ARTICLE II THE WORK 2.1 The contractor shall perform all of the work required, implied or reasonably inferable from, this contract. 2.2 The term "work" shall mean whatever is done by or required of the contractor to perform and complete its duties under this contract, including the following: construction of the whole or a designated part of the project; furnishing of any required surety bonds and insurance; and the provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, the payment of any applicable sales and use taxes; royalties and product license fees; permits and licenses required of the contractor, fuel, heat, light, cooling and all other utilities as required by this contract. The work to be performed by the contractor is generally described as follows: ARTICLE III CONTRACT TIME 3.1 Time and Liquidated Damages and shall 3.1.1 The contractor shall commence the work on achieve substantial completion of the work no later than . The number of calendar days from the date on which the work is permitted to proceed, through the date set forth for substantial completion, shall constitute the "contract time." 3.1.2 The contractor shall pay the owner a sum equal to the amount of dollars as computed in Section 00350 -1 "Liquidated Damages" of the Specifications per day for each and every calendar day of unexcused delay in achieving substantial completion beyond the date set forth herein for substantial completion of the work. Any sums due and payable hereunder by the contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the owner, estimated at or before the time of executing this contract. When the owner reasonably believes that substantial completion will be inexcusably delayed, the owner shall be entitled, but not required, to withhold from any amounts otherwise due the contractor an amount then believed by the owner to be adequate to recover liquidated damages applicable to such delays. If and when the contractor overcomes the delay in achieving substantial completion, or any part thereof, for which the owner has withheld payment, the owner shall promptly release to the contractor those funds withheld, but no longer applicable, as liquidated damages. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 3 3.2 Substantial Completion 3.2.1 "Substantial Completion" shall mean that stage in the progression of the work when the work is sufficiently complete in accordance with this contract that the owner can enjoy beneficial use or occupancy of the work and can utilize the work for its intended purpose. The date of substantial completion is the date set forth by the Construction Manager on the substantial completion form. 3.3 Time is of the Essence 3.3.1 All limitation of time set forth in the contract documents are of the essence of this contract. ARTICLE IV CONTRACT PRICE 4.1 The Contract Price 4.1.1 The owner shall pay, and the contractor shall accept, as full and complete payment for all of the work required herein, the fixed sum of $ . The sum set forth in this paragraph 4.1 shall constitute the contract price which shall not be modified except by change order as provided in this contract. ARTICLE V PAYMENT OF THE CONTRACT PRICE 5.1 Schedule of Values 5.1.1 Within ten (10) calendar days of the effective date hereof, the contractor shall submit to the owner and to the architect a schedule of values allocating the contract price to the various portions of the work. The contractor's schedule of values shall be prepared in such form, with such detail, and supported by such data as the architect or owner may require to substantiate its accuracy. The contractor shall not imbalance its schedule of values nor artificially inflate any element thereof. The violation of this provision by the contractor shall constitute a material breach of this contract. The schedule of values shall be used only as a basis for the contractor's applications for payment and shall only constitute such basis after it has been acknowledged in writing by the architect and the owner. 5.2 Payment Procedure 5.2.1 The owner shall pay the contract price to the contractor as provided below. 5.2.2 Progress Payments —Based upon the contractor's applications for payment submitted to the architect and upon certificates for payment subsequently issued to the owner by the architect, the owner shall make progress payments to the contractor on account of the contract price. 5.2.3 On or before the day of each month after commencement of the work, the contractor shall submit an application for payment for the period ending the day of the month to the architect in such form and manner, and with such supporting data and content, as the owner or the architect may require. Therein, the contractor may request payment for ninety percent (90 %) of that portion of the contract price properly allocable to contract requirements properly provided, labor, materials and equipment properly incorporated in the FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 4 work plus ninety percent (90 %) of that portion of the contract price properly allocable to materials or equipment properly stored onsite (or elsewhere if approved in advance in writing by the owner) for subsequent incorporation in the n� for stored materials and equipment l shall be payments received from the owner. Payment upon the contractor's proof satisfactory to the owner, that the owner has title to such materials and equipment and shall include proof of required insurance. Such application for payment shall be signed by the contractor and shall constitute the contractor's representation that the work has progressed to the level for which payment is requested in accordance with the schedule of values, that the work has been properly installed or performed in full accordance with this contract, and that the contractor knows of no reason why payment should not be made as requested. Thereafter, the architect will review the application for payment and may also review the work at the project site or elsewhere to determine whether the quantity and quality of the work is as represented in the application for payment and is as required by this contract. The architect shall determine and certify to the owner the amount properly owing to the contractor. The owner shall make partial payments on account of the contract price to the contractor within twenty (20) days following the architect's receipt of each application for payment. The amount of each partial payment shall be the amount certified for payment by the architect Tess such amounts, if any, otherwise owing by the contractor to the owner or which the owner shall have the right to withhold as authorized by this contract. The architect's certification of the contractor's application for payment shall not preclude the owner from the exercise of any of its rights as set forth in paragraph 5.3 hereinbelow. 5.2.4 The contractor warrants that all payments to subcontractors have been made as certified on the application for payment and that title to all work covered by an application for payment will pass to the owner no later than the time of payment. The contractor further warrants that upon submittal of an application for payment, all work for which payments have been received from the owner shall be free and clear of liens, claims, security interest or other encumbrances in favor of the contractor or any other person or entity whatsoever. 5.2.5 The contractor shall promptly pay each subcontractor, out of the amount paid to the contractor on account of such subcontractor's work, the amount to which such subcontractor is entitled. If the contractor does not pay the subcontractor the amount due, the subcontractor may only seek payment from the contractor's public construction bond surety. In no event is the owner obligated to pay any subcontractor an amount owed to it by the contractor. Language similar to this paragraph 5.2.5 must appear in all contracts between the contractor and its subcontractors. 5.2.6 No progress payment, nor any use or occupancy of the project by the owner, shall be interpreted to constitute an acceptance of any work not in strict accordance with this contract. 5.3 Withheld Payment 5.3.1 The owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the contractor, to protect the owner from loss because of: (a) defective work not remedied by the contractor nor, in the opinion of the owner, likely to be remedied by the contractor; FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 5 (b) claims of third parties against the owner or the owner's property; (c) failure by the contractor to pay subcontractors or others in a prompt and proper fashion; (d) evidence that the balance of the work cannot be completed in accordance with the contract for the unpaid balance of the contract price; (e) evidence that the work will not be completed in the time required for substantial or final completion; (f) persistent failure to carry out the work in accordance with the contract; (g) damage to the owner or a third party to whom the owner is, or may be, liable. In the event that the owner makes written demand upon the contractor for amounts previously paid by the owner as contemplated in this subparagraph 5.3.1, the contractor shall promptly comply with such demand. 5.4 Unexcused Failure to Pay 5.4.1 If within twenty (20) days after the date established herein for payment to the contractor by the owner, the owner, without cause or basis hereunder, fails to pay the contractor any amount then due and payable to the contractor, then the contractor may after seven (7) additional days' written notice to the owner and the architect, and without prejudice to any other available rights or remedies it may have, stop the work until payment of those amounts due from the owner have been received. 5.5 Substantial Completion 5.5.1 When the contractor believes that the work is substantially complete, the contractor shall submit written notice that the project is ready for substantial completion inspection. The architect, on the basis of contractor's notice, shall determine that the work is in fact substantially complete, and report findings to the Construction Manager. The Construction Manager will prepare a certificate of substantial completion which shall establish the date of substantial completion, shall state the responsibilities of the contractor for project security, maintenance, heat, utilities, damage to the work, and insurance, and shall fix the time within which the contractor shall complete the items listed therein. The certificate of substantial completion shall be submitted to the contractor for written acceptance of the responsibilities assigned to them in such certificate. Upon substantial completion of the work and execution by both the owner and the contractor of the certificate of substantial completion, the owner shall pay the contractor an amount sufficient to increase total payments to the contractor to one hundred percent (100 %) of the contract price less five percent (5 %) retention and less three hundred percent (300 %) of the reasonable cost as determined by the owner and the architect for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling all unsettled claims. The certificate of substantial completion shall not be signed by the Construction Manager unless accompanied by a signed certificate of occupancy from all governing authorities. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 6 5.6 Completion and Final Payment 5.6.1 When all of the work is finally complete and the contractor is ready for a final inspection, it shall notify the owner and the architect thereof in writing. Thereupon, the architect will make final inspection of the work and, if work is complete in full accordance with this contract and this contract has been fully performed, the architect will promptly issue a final certificate for payment certifying to the owner that the project is complete and the contractor is entitled to the remainder of the unpaid contract price, less any amount withheld pursuant to this contract. Guarantees required by the contract shall commence on the date of substantial completion of the work. If the architect is unable to issue its final certificate for payment and is required to repeat its final inspect of the work, the contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the owner from the contractor's final payment. 5.6.1.1 If the contractor fails to achieve final completion within the time fixed therefor by the architect in its certificate of substantial completion, the contractor shall pay the owner the sum of $ per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of the work. Any sums due and payable hereunder by the contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the owner, estimated at or before the time of executing this contract. When the owner reasonably believes that final completion will be inexcusably delayed, the owner shall be entitled, but not required, to withhold from any amounts otherwise due the contractor an amount then believed by the owner to be adequate to recover liquidated damages applicable to such delays. If and when the contractor overcomes the delay in achieving final completion, or any part thereof, for which the owner has withheld payment, the owner shall promptly release to the contractor those funds withheld, but no longer applicable, as liquidated damages. 5.6.2 The contractor shall not be entitled to final payment unless and until it submits to the architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the work for which the owner, or the owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all subcontractors of the contractor and of any and all parties required by the architect or the owner; and the consent of surety to final payment. The affidavits, releases and waivers required from subcontractors and materialmen are for the administrative convenience of the owner only. They do not create an obligation on the part of the owner to assure that any subcontractor or materialman is paid. If unpaid, subcontractors and materialmen must seek payment from the contractor's public construction bond surety. 5.6.3 The owner shall make final payment of all sums due the contractor per Section 0127. 5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the owner by the contractor except for those claims previously made in writing against the owner by the contractor, pending at the time of final payment, and identified in writing by the contractor as unsettled at the time of its request for final payment. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 7 ARTICLE VI THE OWNER 6.1 Information and Services Required from Owner 6.1.1 The owner shall furnish to the contractor, at the time of executing this contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the project. Such written and tangible material is furnished to the contractor only in order to make complete disclosure of such material and for no other purpose. By furnishing such material, the owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefor. The owner shall also furnish surveys, legal limitations and utility locations (if known), and a legal description of the project site. 6.1.2 Excluding permits and fees normally the responsibility of the contractor, the owner shall obtain all approvals, easements, and the like required for construction and shall pay for necessary assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 6.1.3 The owner shall furnish the contractor, free of charge, copies of the contract documents for execution of the work. The contractor will be charged, and shall pay the owner, $ per additional set of contract documents which it may require. 6.2 Right to Stop Work 6.2.1 If the contractor persistently fails or refuses to perform the work in accordance with this contract, the owner may order the contractor to stop the work. or any described portion thereof, until the cause for stoppage has been corrected, no longer exists, or the owner orders that work be resumed, in such event, the contractor shall immediately obey such order. 6.3 Owner's Right to Perform Work 6.3.1 If the contractor's work is stopped by the owner under paragraph 6.2, and the contractor fails within three (3) days of such stoppage to provide adequate assurance to the owner that the cause of such stoppage will be eliminated or corrected, then the owner may, without prejudice to any other rights or remedies the owner may have against the contractor, proceed to carry out the subject work. In such a situation, an appropriate change order shall be issued deducting from the contract price the cost of correcting the subject deficiencies, plus compensation for the architect's additional services and expenses necessitated thereby, if any. If the unpaid portion of the contract price is insufficient to cover the amount due the owner, the contractor shall pay the difference to the owner. ARTICLE VII THE CONTRACTOR 7.1 The contractor is again reminded of its continuing duty set forth in subparagraph 1.5.7. The contractor shall perform no part of the work at any time without adequate contract documents or, as appropriate, approved shop drawings, product data or samples for such portion of the work. If the contractor performs any of the work knowing it involves a recognized error, inconsistency or omission in the contract documents without such notice to the architect, FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 8 the contractor shall bear responsibility for such performance and shall bear the cost of correction. 7.2 The contractor shall perform the work strictly in accordance with this contract. 7.3 The contractor shall supervise and direct the work using the contractor's best skill, effort and attention. The contractor shall be responsible to the owner for any and all acts or omissions of the contractor, its employees and others engaged in the work on behalf of the contractor. 7.4 Warranty 7.4.1 The contractor warrants to the owner that all labor furnished to progress the work under this contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first -class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this contract, and that the work will be of good quality, free from faults and defects and in strict conformance with this contract. All work not conforming to these requirements may be considered defective. 7.5 The contractor shall obtain and pay for all permits, impact fees, fees and licenses necessary and ordinary for the work. The contractor shall secure and pay for all permits, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the work which are customarily secured after execution of the contract and which are legally required at the time bids are received. The owner will not assess any County permit or County impact fees for the building permit issued by a City Building Department. The contractor is responsible for permit and impact fees issued by City Building Departments and any jurisdiction other than the County of Monroe. The contractor shall comply with all lawful requirements applicable to the work and shall give and maintain any and all notices required by applicable law pertaining to the work. 7.6 Supervision 7.6.1 The contractor shall employ and maintain at the project site only competent supervisory personnel. Absent written instruction from the contractor to the contrary, the superintendent shall be deemed the contractor's authorized representative at the site and shall be authorized to receive and accept any and all communications from the owner or the architect. 7.6.2 Key supervisory personnel assigned by the contractor to this project are as follows: Name Function So long as the individuals named above remain actively employed or retained by the contractor, they shall perform the functions indicated next to their names unless the owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the contractor shall be bound by the provisions of this subparagraph 7.6.2 as though such individuals had been listed above. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 9 7.7 The contractor, within fifteen (15) days of commencing the work, shall submit to the owner and the architect for their information, the contractor's schedule for completing the work. The contractor's schedule shall be revised no less frequently than monthly (unless the parties otherwise agree in writing) and shall be revised to reflect conditions encountered from time to time and shall be related to the entire project. Each such revision shall be furnished to the owner and the architect. Failure by the contractor to strictly comply with the provisions of this paragraph 7.7 shall constitute a material breach of this contract. 7.8 The contractor shall continuously maintain at the site, for the benefit of the owner and the architect, one record copy of this contract marked to record on a current basis changes, selections and modifications made during construction. Additionally, the contractor shall maintain at the site for the owner and the architect the approved shop drawings, product data, samples, other similar required submittals and an office for their use. Upon final completion of the work, all of these record documents shall be delivered to the owner. 7.9 Shop Drawings, Product Data and Samples 7.9.1 Shop drawings, product data, samples and other submittals from the contractor do not constitute contract documents. Their purpose is merely to demonstrate the manner in which the contractor intends to implement the work in conformance with information received from the contract documents. 7.9.2 The contractor shall not perform any portion of the work requiring submittal and review of shop drawings, product data or samples unless and until such submittal shall have been approved by the architect. Approval by the architect, however, shall not be evidence that work installed pursuant thereto conforms with the requirements of this contract. 7.10 Cleaning the Site and the Project 7.10.1 The contractor shall keep the site reasonably clean during performance of the work. Upon final completion of the work, the contractor shall clean the site and the project and remove all waste, together with all of the contractor's property therefrom. 7.11 Access to Work 7.11.1 The owner and the architect shall have access to the work at all times from commencement of the work through final completion. The contractor shall take whatever steps necessary to provide access when requested. 7.12 Indemnity 7.12.1 To the fullest extent permitted by law, the contractor shall indemnify and hold harmless the owner from and against liability, claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from performance of the work, provided that such liability, claims, damage, Toss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such liability, claim. damage, loss or expense is caused in part by a party indemnified hereunder. The indemnification required by this paragraph 7.12 is independent of the contractor's obligation to FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 10 purchase the insurance described in Article XIII and is not limited or modified by the terms of those insurance policies. 7.12.2 In claims against any person or entity indemnified under this paragraph 7.12 by an employee of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this paragraph 7.12 shall not be limited by a limitation on amount or type of damage, compensation or benefits payable by or for the contractor or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 7.12.3 The contractor shall defend suits or claims for infringement of patent rights and shall hold the owner and architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the contract. However, if the contractor has reason to believe that the required design, process or product is an infringement of a patent, the contractor shall be responsible for such Toss unless such information is promptly furnished to the architect. ARTICLE VIII CONTRACT ADMINISTRATION 8.1 The Architect 8.1.1 The architect for this project is . In the event the owner should find it necessary or convenient to replace the architect, the owner shall retain a replacement architect and the status of the replacement architect shall be that of the former architect. 8.2 Architect's Administration 8.2.1 The architect, unless otherwise directed by the owner in writing, will perform those duties and discharge those responsibilities allocated to the architect as set forth in this contract. The architect shall be the owner's representative from the effective date of this contract until final payment has been made. The architect shall be authorized to act on behalf of the owner only to the extent provided in this contract. 8.2.2 The owner and the contractor shall communicate with each other in the first instance through the architect. 8.2.3 The architect shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the contractor. The architect shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the contractor. 8.2.4 The architect will review the contractor's applications for payment and will certify to the owner for payment to the contractor, those amounts then due the contractor as provided in this contract. 8.2.5 The architect shall have authority to reject work which is defective or does not conform to the requirements of this contract. If the architect deems it necessary or advisable, the FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 11 architect shall have authority to require additional inspection or testing of the work for compliance with contract requirements. 8.2.6 The architect will review and approve, or take other appropriate action as necessary, concerning the contractor's submittals including shop drawings, product data and samples. Such review, approval or other action shall be for the sole purpose of determining conformance with the design concept and information given through the contract documents. 8.2.7 The architect will prepare change orders and may authorize minor changes in the work by field order as provided elsewhere herein. 8.2.8 The architect shall, upon written request from the contractor, conduct inspections to determine the date of substantial completion and the date of final completion, will receive and forward to the owner for the owner's review and records, written warranties and related documents required by this contract and will issue a final certificate for payment upon compliance with the requirements of this contract. 8.3 Claims by the Contractor 8.3.1 All contractor claims shall be initiated by written notice and claim to the owner and the architect. Such written notice and claim must be furnished within three (3) days after occurrence of the event, or the first appearance of the condition, giving rise to the claim. 8.3.2 Pending final resolution of any claim of the contractor, the contractor shall diligently proceed with performance of this contract and the owner shall continue to make payments to the contractor in accordance with this contract. The resolution of any claim under this paragraph 8.3 shall be reflected by a change order executed by the owner, the architect and the contractor. 8.3.3 Claims for Additional Costs —If the contractor wishes to make a claim for an increase in the contract price, as a condition precedent to any liability of the owner therefor, the contractor shall give the architect written notice of such claim within three (3) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice shall be given by the contractor before proceeding to execute any additional or changed work. The failure by the contractor to give such notice and to give such notice prior to executing the work shall constitute a waiver of any claim for additional compensation. 8.3.3.1 In connection with any claim by the contractor against the owner for compensation in excess of the contract price, any liability of the owner for the contractor's costs shall be strictly limited to direct costs incurred by the contractor and shall in no event include indirect costs or consequential damages to the contractor. The owner shall not be liable to the contractor for claims of third parties, including subcontractors, unless and until liability of the contractor has been established therefor in a court of competent jurisdiction. 8.3.4 Claims for Additional Time —If the contractor is delayed in progressing any task which at the time of the delay is then critical or which during the delay becomes critical, as the sole result of any act or neglect to act by the owner or someone acting on the owner's behalf, or by changes ordered in the work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipatable, fire or any causes beyond the contractor's control, then FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 12 the date for achieving substantial completion of the work shall be extended upon the written notice and claim of the contractor to the owner and the architect, for such reasonable time as the architect may determine. Any notice and claim for an extension of time by the contractor shall be made not more than three (3) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail the contractor's basis for requiring additional time in which to complete the project. In the event the delay to the contractor is a continuing one, only one notice and claim for additional time shall be necessary. If the contractor fails to make such claim as required in this subparagraph, any claim for an extension of time shall be waived. In no event is the contractor entitled to additional compensation for any delay described in this paragraph 8.3.4 or other paragraphs. 8.4 Field Orders 8.4.1 The architect shall have authority to order minor changes in the work not involving a change in the contract price or in contract time and not inconsistent with the intent of the contract. Such changes shall be effected by field order and shall be binding upon the contractor. The contractor shall carry out such field orders promptly. ARTICLE IX SUBCONTRACTORS 9.1 Definition 9.1.1 A subcontractor is an entity that has a direct contract with the contractor to perform a portion of the work. 9.2 Award of Subcontracts 9.2.1 Upon execution of the contract, the contractor shall furnish the owner in writing, the names of persons or entities proposed by the contractor to act as a subcontractor on the project. The owner shall promptly reply to the contractor, in writing, stating any objections the owner may have to such proposed subcontractor. The contractor shall not enter into a subcontract with a proposed subcontractor with reference to whom the owner has made timely objection. The contractor shall not be required to subcontract with any party to whom the contractor has objection. 9.2.2 All subcontracts shall afford the contractor rights against the subcontractor which correspond to those rights afforded to the owner against the contractor herein, including those rights afforded to the owner by subparagraph 12.12.1 below. ARTICLE X CHANGES IN THE WORK 10.1 Changes Permitted 10.1.1 Changes in the work within the general scope of this contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this contract, by change order or by field order. 10.1.2 Changes in the work shall be performed under applicable provisions of this contract and the contractor shall proceed promptly with such changes. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 13 10.2 Change Order Defined 10.2.1 Change order shall mean a written order to the contractor executed by the owner and the architect, issued after execution of this contract, authorizing and directing a change in the work or an adjustment in the contract price or the contract time, or any combination thereof. The contract price and the contract time may be changed only by change order. 10.3 Changes in the Contract Price 10.3.1 Any change in the contract price resulting from a change order shall be determined as follows: (a) by mutual agreement between the owner and the contractor as evidenced by (1) the change in the contract price being set forth in the change order, (2) such change in the contract price, together with any conditions or requirements related thereof, being initialed by both parties and (3) the contractor's execution of the change order; or (b) if no mutual agreement occurs between the owner and the contractor, then, as provided in subparagraph 10.3.2 below. 10.3.2 If no mutual agreement occurs between the owner and the contractor as contemplated in subparagraph 10.3.1 above, the change in the contract price, if any, shall then be determined by the architect on the basis of the reasonable expenditures or savings of those performing, deleting or revising the work attributable to the change, including, in the case of an increase or decrease in the contract price, a reasonable allowance for direct job site overhead and profit. In such case, the contractor shall present, in such form and with such content as the owner or the architect requires, an itemized accounting of such expenditures or savings, plus appropriate supporting data for inclusion in a change order. Reasonable expenditures or savings shall be limited to the following reasonable costs of materials, supplies, or equipment including delivery costs, reasonable costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance, reasonable rental costs of machinery and equipment exclusive of hand tools whether rented from the contractor or others, reasonable costs of premiums for all bonds and insurance, permit fees, and sales, use or other taxes related to the work, and reasonable work, and reasonable cost of direct supervision and jobsite field office overhead directly attributable to the change. In no event shall any expenditure or savings associated with the contractor's home office or other non - jobsite overhead expense be included in any change in the contract price. Pending final determination of reasonable expenditures or savings to the owner, payments on account shall be made to the contractor on the architect's certificate for payment. 10.3.3 If unit prices are provided in the contract, and if the quantities contemplated are so changed in a proposed change order that application of such unit prices to the quantities of work proposed will cause substantial inequity to the owner or to the contractor, the applicable unit prices shall be equitably adjusted. 10.4 Minor Changes 10.4.1 The architect shall have authority to order minor changes in the work not involving a change in the contract price or an extension of the contract time and not inconsistent with the intent of this contract. Such minor changes shall be made by written field order, and shall be binding upon the owner and the contractor. The contractor shall promptly carry out such written field orders. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 14 10.5 Effect of Executed Change Order 10.5.1 The execution of a change order by the contractor shall constitute conclusive evidence of the contractor's agreement to the ordered changes The contract this contract as thus executing the change amended, the contract price and the contract time. order, waives and forever releases any claim against the owner for additional time or compensation for matters relating to or arising out of or resulting from the work included within or affected by the executed change order. 10.6 Notice to Surety; Consent 10.6.1 The contractor shall notify and obtain the consent and approval of the contractor's surety with reference to all change orders if such notice, consent or approval is required by the contractor's surety or by law. The contractor's execution of the change order shall constitute the contractor's warranty to the owner that the surety has been notified of, and consents to, such change order and the surety shall be conclusively deemed to have been notified of such change order and to have expressly consented thereto. ARTICLE XI UNCOVERING AND CORRECTING WORK 11.1 Uncovering Work 11.1.1 If any of the work is covered contrary to the architect's request or to any provisions of this contract, it shall, if required by the architect or the owner, be uncovered for the architect's inspection and shall be properly replaced at the contractors expense without change in the contract time. 11.1.2 If any of the work is covered in a manner not inconsistent with subparagraph 11.1.1 above, it shall, if required by the architect or owner, be uncovered for the architect's inspection. If such work conforms strictly with this contract, costs of uncovering and property replacement shall by change order be charged to the owner. If such work does not strictly conform with this contract, the contractor shall pay the costs of uncovering and proper replacement. 11.2 Correcting Work 11.2.1 The contractor shall immediately proceed to correct work rejected by the architect as defective or failing to conform to this contract. The contractor shall pay all costs and expenses associated with correcting such rejected work, including any additional testing and inspections, and reimbursement to the owner for the architects services and expenses made necessary thereby. 11.2.2 If within one (1) year after substantial completion of the work any of the work is found to be defective or not in accordance with this contract, the contractor shall correct it promptly upon receipt of written notice from the owner. This obligation shall survive final payment by the owner and termination of this contract. With respect to work first performed and completed after substantial completion, this one -year obligation to specifically correct defective and nonconforming work shall be extended by the period of time which elapses between substantial completion and completion of the subject work. 11.2.3 Nothing contained in this paragraph 11.2 shall establish any period of limitation with respect to other obligations which the contractor has either under this contract or under the FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 15 laws of the State of Florida. Establishment of the one -year time period in subparagraph 11.2.2 relates only to the duty of the contractor to specifically correct the work. 11.3 Owner May Accept Defective or Nonconforming Work 11.3.1 If the owner chooses to accept defective or nonconforming work, the owner may do so. In such event, the contract price shall be reduced by the greater of (a) the reasonable cost of removing and correcting the defective or nonconforming work and (b) the difference between the fair market value of the project as constructed and the fair market value of the project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid contract price, if any, is insufficient to compensate the owner for its acceptance of defective or nonconforming work, the contractor shall, upon written demand from the owner, pay the owner such remaining compensation for accepting defective or nonconforming work. ARTICLE XII CONTRACT TERMINATION 12.1 Termination by the Contractor 12.1.1 If the work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Government, through no fault of the contractor or any person or entity working directly or indirectly for the contractor, the contractor may, upon ten (10) days' written notice to the owner and the architect, terminate performance under this contract and recover from the owner payment for the actual reasonable expenditures of the contractor (as limited in Subparagraph 10.3.2 above) for all work executed and for materials, equipment, tools, construction equipment and machinery actually purchased or rented solely for the work, Tess any salvage value of any such items. 12.1.2 If the owner shall persistently or repeatedly fail to perform any material obligation to the contractor for a period of fifteen (15) days after receiving written notice from the contractor of its intent to terminate hereunder, the contractor may terminate performance under this contract by written notice to the architect and the owner. In such event, the contractor shall be entitled to recover from the owner as though the owner had terminated the contractor's performance under this contract for convenience pursuant to subparagraph 12.2.1 hereunder. 12.2 Termination by the Owner 12.2.1 For Convenience: 12.2.1.1 The owner may for any reason whatsoever terminate performance under this contract by the contractor for convenience. The owner shall give written notice of such termination to the contractor specifying when termination becomes effective. 12.2.1.2 The contractor shall incur no further obligations in connection with the work and the contractor shall stop work when such termination becomes effective. The contractor shall also terminate outstanding orders and subcontracts. The contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The owner' may direct the contractor to assign the contractor's rights, title and interest under terminated orders or subcontracts to the owner or its designee. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 16 12.2.1.3 The contractor shall transfer title and deliver to the owner such completed or partially completed work and materials, equipment, parts, fixtures, information and contract rights as the contractor has. 12.2.1.4 (a) The contractor shall submit termination claim to the owner and the architect specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the architect. If the contractor fails to file a termination claim within one (1) year from the effective date of termination, the owner shall pay the contractor, an amount derived in accordance with subparagraph (c) below. (b) The owner and the contractor may agree to the compensation, if any, due to the contractor hereunder. (c) Absent agreement to the amount due to the contractor, the owner shall pay the contractor the following amounts: (i) Contract prices for labor, materials, equipment and other services accepted under this contract; (ii) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the contractor's performance, plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it appears that the contractor would have not profited or would have sustained a loss if the entire contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (iii) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to subparagraph 12.2.1.2 of this paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the contractor under this subparagraph 12.2.1 shall not exceed the total contract price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 12.2.2 For Cause: 12.2.2.1 If the contractor persistently or repeatedly refuses or fails to prosecute the work in a timely manner, supply enough properly skilled workers, supervisory personnel or proper equipment or materials, or if it fails to make prompt payment to subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a material provision of this contract, then the owner may by written notice to the contractor, without prejudice to any other right or remedy, terminate the employment of the contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the contractor and may finish the work by whatever methods it may deem expedient. In such case, the contractor shall not be entitled to receive any further payment until the work is finished. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 17 12.2.2.2 If the unpaid balance of the contract price exceeds the cost of finishing the work, including compensation for the architect's additional services and expenses made necessary thereby, such excess shall be paid to the contractor. If such cost exceeds the unpaid balance, the contractor shall pay the difference to the owner. This obligation for payment shall survive the termination of the contract. 12.2.2.3 In the event the employment of the contractor is terminated by the owner for cause pursuant to subparagraph 12.2.2 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under subparagraph 12.2.1 and the provisions of subparagraph 12.2.1 shall apply. ARTICLE XIII INSURANCE 13.1 The insurance required under this contract is set forth in Exhibit B. Exhibit B is attached and incorporated into this contract. ARTICLE XIV MISCELLANEOUS 14.1 Governing Law 14.1.1 This contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County, Florida. 14.2 Successors and Assigns 14.2.1 The owner and contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreement and obligations contained in this contract. The contractor shall not assign this contract without written consent of the owner. 14.3 Surety Bonds 14.3.1 The contractor shall furnish the public construction bond in the amount and form set forth in Section 255.05, Florida Statutes. 14.4 Ethics Clause 14.4.1 The contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020 -1990. For breach or violation of this provision, the owner may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 14.5 Assignment of the Architect's Duties 14.5.1 The duties of the architect under this contract may be assigned by the owner, at his discretion, to a construction manager selected by the owner. FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 -18 14.6 Trench Safety 14.6.1 If applicable to the project, the contractor shall comply with all relevant provisions of the Trench Safety Act (Secs. 553.60- 553.64, Fla. Stat.). 14.7 Contingency 14.7.1 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 14.8 Effective Date 14.8.1 This contract will take effect on the date of the signature of the last party to sign. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative this day of , 1995. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By: By Deputy Clerk Mayor /Chairman Date (SEAL) CONTRACTOR Attest: By: By: Title: Title: FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 - 19 SECTION 00501 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 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. DATED ON . 19 (NAME OF PRINCIPAL) BY (AS ATTORNEY -IN -FACT) (NAME OF SURETY) PUBLIC CONSTRUCTION BOND 00501 -1 THE AMERICAN INSTITUTE OF ARCHITECTS 4 19 1 $ AIA Document A201 /CM CONSTRUCTION MANAGEMENT EDITION General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 15 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 I 1 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, 65 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 A1A violates the copyright laws of the United States and will be subject to legal prosecution. 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, O.C. 20006 A201 /CM —1980 1 WARNING: Unlicensed photocopying vidatss U.S. copyright lays and 1s sub/set to legal prosecution. 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 418.3, 7.4, 7.6.2, 8.3.1, 10.5 Cleaning Up 4.15, 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 11,1.2 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 48 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, 9.8.3, 9.8 4, 9.3.3.,95.3,9.7.1,9.8. 2,9.9.1,9.9.3,9.9.5,113.1,14.22 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, 9.3.1, 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, 6.25, 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 23, 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, 13.25, 14.2 Construction Manager's Approval 410.1, 4.13.2 Architect, Limitations of Authority and Responsibility 23.2 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, 132.5, 14.2.2 2.3.5, 23.16, 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, 11.3.6, 12.1.4, 14.1.1 Architect's Authority to Reject Work ....23.16, 4.5, 13.1.2, 13.2 Construction Manager's Confirmation 99.3 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, 23.21, 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, 23.19, 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 23.4, 23.6, 2.3.9, 7.7.1, Construction Manager's Interests 11.3.1, 11.3.2 7.7.4, 9.4.2, 9.6.1, 9.9.1 Construction Manager's Recommendations ....2.3 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, 2.3.21 Subcontractors 1 1.2, 23.16, 9.5.3, 9.5.4 Construction Manager's Relationship with Contractor 1 1.2, 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, 8.32, 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 6.1.1 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 4.10 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 4 1.3, 3.2.5, 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 5.23, 7.7.2, 8.3.1. 9.7, 9.9.3, 11.3.1, 11.3.5, 11.3.7, 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 4.1, 6.1.2 CHANGES IN THE WORK 2 3.19, 4.11.1, 12 Contractor's Construction Schedule 410 AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIM • 1.`, 1980 • THE 2 A201 /CM -1980 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright Urns and is subject to legal prosecution. 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, 43, 4.7.1, 622, 7.9.3, 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, 2.3.6, 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 32.1 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 Governing Law 71 Perrorming the Work 4 3.2, 4.18, 10 Contractor's Review of Contract Documents ....1.2.2, 4.2, 4.7.3 Contractor's Right to Stop the Work 9 7 Indemnification 417, 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 49, 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, 4.3.1, 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 23.2, 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, 6.1.3, 6.2.1 INSURANCE 9 8.1, 11 Copies Furnished or Drawings and Specifications ..1.3, 3.2.5, 5.3 Insurance, Contractor's Liability 11.1 Correction of Work 3.3, 3.4, 10.2.5, 13: 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 414 Insurance, Special Hazards 11.3.5 Insurance, Stored Materials 9 3.2, 11.3.1 Insurance Companies, Consent to Partial Occupancy 11.3.9 Damage to the Work 414.2, 10.2.1.2, 10.2.7, 11.3.1 Insurance Companies, Settlement With 11.3.8 Damage to Work 414 2, 4.18.1, 6.2.4, 6.2.5, 9.6.15, Intent of the Contract 10.2.1.3, 10.2.2, 10.2.5, 10.3, 13.2.6 Documents 1 2.3, 2.3.10, 2.3.13, 2.3.14, 12.4 Damages, Claims for 6.1.1, 6.2.5, 7.4, 9.6.1.2 Interest 78 Damages tor Delay 61.1, 8.3.4, 9.7 Interpretations, Written 1.1.1, 2.3.11, 2.3.12, 2.3.13, 12.4 Day, Definition of 81.5 Decisions or the Architect 2.3.10 through 2.3.16, 7.7.2. Labor, Materials and Equipment 1 1.3, 4.4, 4.5, 4.12, 4.13, 7.9.1, 9.2, 9.4, 9.6.1, 9.8.1, 12.1.4, 12,3.1 4.15.1, 6.2.1, 9.3.2, 9.3.3, 9.6.1.3, 9.2.2, 10.2.1.2, Decisions of the Construction Manager 6 3, 8.3.1 11.3.1, 12.1.4, 13.2.2, 13.2.5, 14 Detective or Non- Conforming Work, Acceptance, Labor and Material Payment Bond 75 Rejection and Correction or 2.3.4, 2.3.16, 3.3, 3.4, 4.5, Labor Disputes 83.1 6.2.2, 6.2.3, 9.6.1.1, 9.9.4.2, 13 Laws and Regulations 1 3, 2.1.1, 4.6, 4.7, 4.13, 7.1, Definitions 1 1, 2.1, 2.2, 3.1, 4.1, 4.12.1 through 7.6.1, 7.7.1, 10.2.2, 14 4.12.3, 5.1, 6.1.2, 8.1, 9.1.1, 12.1.1, 12.1.4 Liens 9 3.3, 9.9.2, 9.9.4.1 Delays and Extensions of Time 8 3 Limitations of Authority 2 3.2, 11.3.8, 12.4.1 Disputes 2.3.12, 2.3.15, 2.3.23, 6.2.5, 6.3, 7.9.1 Limitations of Liability 2 3.13, 2.3.16, 2.3.18, 3.3, 4.2, Documents and Samples at the Site 411 4.7.3, 4.12.6, 4.17, 4.18, 6.2.2, 7.6.2, 9.4.2, Drawings and Specifications, 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, 4.2, 4.7.1, 4.7.3, 4.12.4, 4.15.1, 5.2.1, 5.2.3, 6.22, 7.4, Easements 3.2.3 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 SIANAGE.MENT EDITION • JUNE 1980 EDITION • AIM • © 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. 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 ...73 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 14.2.2 Means, Methods, Techniques, Sequences and Product Data, Shop Drawings, Samples and • • .2.3.18, 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 78, 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, 7.91, 8.1.2, 8.3.2, 8.3.3, Rejection of Work 2.3.16, 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, 4.2, 4.7.3 Occupancy 81.3, 8.1.4, 9.5.5, 11.3.9 Reviews of Contractor's Submittals by Owner and On -Site Inspections , 9 5 4.10, 4.12, 5.2.1 Architect 2.3.18, .2 4.1 5.2.1. .2.3 by the Architect 2 3.16, 2.3.21, 9.4.2, 9.8.1, 9.9.1 Rig A and Remedies 1 4.1 2.3.15, 2.3.16, 5.2.3, 3 .2 On -Site Observations by the Architect 2 3.4, 2.3.6, 2.3.9, 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 1 Royalties and Patents 4 17 OWNER Owner, Definition 31 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, 9.3.3, Samples, Definition of 412.3 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 Owners Relationship with Subcontractors 1 1.2, 9.5.4 Schedule, Contractors Construction 410 Owner's Right to Carry Out the Work 3 4, 13.2.4 Schedule, Project Construction 410 Owner's Right to Clean Up 415.2, 6.3 Schedule of Values 92 Owners Right to Perform Work and to Separate Contracts and Contractors 414.2, 6, 11.3.6, 13.1.2 Award Separate Contracts 61 Shop Drawings, Definition ? '12.1 Owner's Right to Terminate the Contract 14.2 Shop Drawings, Product Data and Samples .3. 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 413, 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 7 9.2. 13.2.2, 13.2.7 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 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 5 Payments, Progress 7 8, 7.9.3, 9.55, 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 MA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIAe • .c 1980 • THE 4 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. 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 81.4, 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 8.1.3 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, 2.3.3, 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 . 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 1.1.3 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 A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIA® • © 1980 • THE A201 /CM -1980 5 AMERICAN INSTITUTE OF ARCHITECTS, 1730 NEW YORK AVE.. N.W.. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 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- ments. elementary and other Conditions), the Drawings, the 1.23 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 Modification is (1) a written amendment to the Contract tion of the Work. The Contract Documents are comple- signed by both parties, (2) a Change Order, (3) a written mentary, 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 tha 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 tion 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 rained 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 dudes all labor necessary to produce such construction, practice architecture, or an entity lawfully practicing gr- 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 AEA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION A201 /CM -1980 6 CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • MA' • © 1980 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. '20006 • WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subtect to legal prosecution. 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 all contractors is due. The Archi- such amount. as provided in Paragraph 9.4. tect and the Construction Manager will advise and con- 23.10 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 Ar hitect and the Construction Manager will have Contractor. authorit� 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 ties 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. ante 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 quan- 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 capacityy 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 formance by both the Owner and the Contractor, will not the Owner against defects and deficiencies in the W 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- 2.3.15 Any claim, dispute or other matter in question sible acco rdance witth the C Conntra for the htra s ta ct t failure to carry out the Work in Documents. Neither the between the Contractor and the Owner referred to the acco Architect through the Construction Manager, except those Architect nor the Construction Manager will be respon- relating to artistic effect as provided in Subparagraph Bible for or have control or charge over the acts or orris 2 314 and those which have been waived by the making agents e e ions of the Contractor. herr any their or acceptance of final payment as provided in Subpara- gents or employees. or any y other persons performing any graphs 9.9.4 through 9.9.6, inclusive. shall be subject to of the Work. arbitration upon the written demand of either party. 2.3.6 The Architect and the Construction Manager shall However, no demand for arbitration of any such claim. at all times have access to the Work wherever it is in dispute or other matter may be made until the earlier of preparation and progress. The Contractor shall provide (1) the date on which the Architect has rendered a writ - facilities for such access so that the Architect and the ten decision, or (2) the tenth day after the parties have Construction Manager may perform their functions under presented their evidence to the Architect or have been the Contract Documents. given a reasonable opportunity to do so, if the Architect • 2.3.7 The Construction Manager will schedule and coot 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 t ing their use of the site. The Construction Manager will decision is final but subject to appeal. and (2) that anv 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 dais 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. AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTIO■ CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIA • © 1980 • THE 7 A201 /CM —1980 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N W . wASHI\GTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright taws and is subiect to legal prosecution. 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. Hess 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 physical characteristics, legal limitations and utility loca- oi which the item is a component. tions for the site of the Project, and a legal description of 2.3.19 Following consultation with the Construction the site. 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 Work. 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. ance in Articles 6, 9 and 11, respectively. AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • MA® • © 1980 • THE .',MERICAN 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. 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 ments, 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, 3.4 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 LABOR AND MATERIALS the Work in accordance with the Contract Documents, 4.4 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 pav 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 pav all sales. consumer. use the Contract Documents and shall at once report to the and other similar taxes for the Work 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 pav for the building • tract Documents. The Contractor shall perform no portion permit and the Contractor shall secure and pav 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 tions 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 • AIA • © 1980 • THE 9 A201 /CM —1980 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N'.V \VASHINGTON. D.C. 2000i, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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- rr on a current basis, one record copy of all Drawings, spect, the Contractor shall promptly notify the Architect S ecificn Addenda, Change Orders and other Modi- and the Construction Manager in writing, and any neces- fcations, in good order and marked currently to record Modification. changes shall be accomplished by appropriate all changes made during construction, and approved Shop Mo 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. menu: 4.12.3 Samples are physical examples which illustrate .1 these allowances shall cover the cost to the materials, equipment or workmansnip, 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; . 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 Tess 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 . 412.5 By preparing, approving and submitting Shop which will recognize changes, if any, in han- Drawings, Product Data and Samples, the Contractor rep - over costs on the site. labor, installation costs, 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- mttas tendent and necessary assistants who shall be in attend mation contained within such submittals with the require - menu of the Work, the Project and the Contract Docu ance at the Project site during the progress of the Work. menu. The superintendent shall represent the Contractor and all ments. Contractor shall not be relieved of responsibil- • bindin communications f iv given t o the Contractor. Important tant shall be u- ity for any deviation from the requirements of the Con - bindin as if given o co the Contract mpor communi- tract Documents by the Architect's approval of Shop citations shall be cnfe in writing. Other ch Drawings, Product Data or Samples under Subparagraph cations shall be so confirmed on written request t in each 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. shail 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 Drawings, 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 A201 /C.ti1 — 1980 10 • THE CO ER C.\ I OTITUTE OF ARCHI E 1735 • NEW YORK, EDITION ., N \V •\ WASHINGTON 1980 N D.C. 22000 WARNING: Unlicensed photocopying violates U.S. copyright tares and Is subject to legal prosecution. GENERAL CONDITIONS 00750 - 10 4.12.8 No portion of the Work requiring submission of a 4.18 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 Manager, 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 . the Work, provided that any such claim, damage, loss or 4.13.1 The Contractor shall confine operations at the site . expense (1) is attributable to bodily injury, sickness, dis to areas permitted by law, ordinances, permits and the ease or death, or to injury to or destruction of tangible • Contract Documents, and shall not unreasonably encum- property (other than the Work itself) including the loss of ber the site with any materials or equipment. 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 may be liable, regardless of whether or not it is caused 4.14 CUTTING AND PATCHING OF WORK in part by a party indemnified hereunder. Such obligation 4.14.1 The Contractor shall be responsible for all cutting, , shall not be construed to negate. abridge or otherwise • fitting or patching that may be required to complete the reduce any other right or obligation of indemnity which Work or to make its several parts fit together properly. 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 test, 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 ,vandber this ar a shall not unreasonably withhold from the Owner or any graph 4.18 shall not be limited in any way by any 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 - CLEANING UP contractor under workers' or workmen's compensation x• acts, disability benefit acts or other employee benefit acts. 4.15.1 The Contractor shall at all times keep the premises 4 .18.3 The obligations of the Contractor under this Para free from accumulation of waste materials or rubbish graph 4.18 shall not extend to the liability of the Architect of caused b the Con ct s shall r a all the Contrac- completion or the Construction Manager, their agents or employees, of the Work. the materials and rubbish ho from and about the the arising out of (1) the preparation or approval of maps. coos waste materials he Contractor's on drawings, opinions. reports, surveys, Change Orders, de- Pro eqquipuip meenn well as all the t, machinery and surplus materials. or's tools, construction signs or specifications. or (2) the giving of or the failure to urpl give directions or instructions by the Architect or the 4.15.2 if the Contractor fails to clean up at the comple Construction .Manager, their agents or employees, pro - non of the Work, the Owner may do so as provided in vided such giving or failure to give is the primary cause • Paragraph 3.4 and the cost thereof shall be charged to the of the injury or damage. Contractor. 4.16 COMMUNICATIONS . ARTICLE 5 4.16.1 The Contractor shail forward all communications SUBCONTRACTORS to the Owner and the Architect through the Construction 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 pav all royalties and license direct contract with the Contractor to perform any of the fees, shall defend all suits or claims for infringement of Work at the site. The term Subcontractor means a Sub - anv 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 anv separate except that the Owner. or the Construction Manager as contractor or anv separate contractor's subcontractors. the case mav 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- . titular manufacturer or manufacturers is selected by such form any of the \Vork 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 mav be, has reason to resentative thereof. beiieve that the design. process or product selected is an 5 2 AWARDS OF SUBCONTRACTS AND OTHER infringement of a patent. that party shall be responsible CONTRACTS FOR PORTIONS OF THE WORK for such loss unless such information is promptly given to 5.2.1 Unless otherwise required by the Contract Docu the others and also to the Architect. A1A DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 11 A201 /CM — 1980 COERICANTIOSTITUTE OF ARCHITECTS. 1735 NEUt E'ORK AVE., N. ` • I WASHINGTON 9 T D C. -H WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 00750 - 11 GENERAL CONDITIONS • 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 ARTICLE 6 who are to furnish materials or equipment fabricated to 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- lated to the Project with the Owner's own forces, and to stitute notice of no reasonable objection. award separate contracts in connection with other por- 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 Contractor ns of i the Project or Contract work the site, , the term person or entity, the Contractor shall submit a substitute 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- MUTUAL RESPONSIBILITY sponsively in submitting names as required by Subpara- 6.2 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. d shali the connect and coordinate the Work with theirs as required 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 6.2.3 Any costs caused by defective or ill -timed work the Work to be performed by the Subcontractor so that shall be borne by the party responsible therefor. the subcontracting thereof will not prejudice such rights, 6.2.4 Should the Contractor wrongfully cause damage to and shall allow to the Subcontractor, unless specifically provided otherwise in the Contractor - Subcontractor the e work or property of the Owner, or to other work or er r Agreement, the benefit of all rights, remedies and redress p roperty damage as provided on the site, the he Contractor rn actor for s shhall all promptly ptly 10.2.5. rem - against the Contractor that the Contractor, by these Docu- 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 u identify Owner o o n alleged to - Subcontractor any terms and conditions of the pro- have been caused by theContrac Contractor, damage t o the Owner hall AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIA® • © 1980 • THE A201/CM - 196() 12 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2000 • WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 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 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 any failure to act constitute as of or acquiescence tally Owner has incurred. • 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- wise provided, the Owner shall bear all costs of other in- 71 GOVERNING LAW , spections, tests or approvals. 7.1.1 The Contract shall be governed by the law of the . 7.7,2 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, the Construction Manager will, upon written authoriza- 7.2.1 The Owner and the Contractor, respectively, bind lion from the Owner, instruct the Contractor to order themselves, their partners, successors, assigns and legal such special inspection, testing cr approval, and the Con - representatives to the other party hereto and to the part- tractor shall give notice as provided in Subparagraph Hers, successors, assigns and legal representatives of such . If such special inspection or testing reveals a failure other party with respect to all covenants, agreements and of the Work to comply with the requirements of the Con - obligations contained in the Contract Documents. Neither tract Documents, the Contractor shall bear all costs party to the Contract shall assign the Contract or sublet it thereof, including compensation for the Architect's and as a whole without the written consent of the other. the Construction Manager's additional services made nec- 7 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 issued. served if delivered in person to the individual or mem 7.7.3 Required certificates of inspection, testing or ap ber of the firm or entity or to an officer of the corpora- proval shall be secured by the Contractor and the Con by for whom it was intended, or if delivered address used at or sent tractor shall promptly deliver them to the Construction by registered or certified mail to the last business Manager for transmittal to the Architect. known to the party giving the notice. 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 ARBITRATION 7.5.1 The Owner shall have the right to require the 7.9 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 ail 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- anv 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 . AIA DOCUMENT A201/CM • GENERAL CO\DITIONS•OF THE CONTRACT FOR CONsTRCCTIflN CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIA® • © 1980 • THE 13 A201 /CM — 1980 \MERIC INSTITUTE OF ARCHITECTS. 1731 NEW YORK \\'E. \ \V \c:\SHI \GTON. D.C.:00(v, • WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 ftr 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 8.1.5 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 or 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 tions 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 riled 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 aster 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 or 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 or 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 time 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 of damages for delay by either party under other provi- 8.1.1 Unless otherwise provided. the Contract Time is lions of the Contract Documents. the period or time allotted in the Contract Documents for 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 i the Contract Documents. tor Agreement and. including authorized adjustments 8.1.3 The Date or 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 or the _Work under the Architect when construction is sufficiently complete. in Contract Documents. AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCT:ON MANAGEMENT EDITION • IUNE 1980 EDITION • AIM • ® 1980 • THE A201/CM —1980 14 \\1E R.IC \\ INSTITUTE OF \RCHITECTS 1 735 NEW YORK AVE.. N.W . WASHINGTON D.C. -00 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 strucuon 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- 9.3 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 9,5 PROGRESS PAYMENTS by the Owner, payments may similarly be made for mate- 9.5.1 After the Architect has issued a Project Certificate naffs or equipment suitably stored at some other Iota- for Payment, the Owner shall make payment in the man- . lion 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 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, tained. 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 _ ubcontractor to make payments to their • Contractor. whichever occurs first. free and dear 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 wiil have been acquired by the Contractor. pletlon or the amounts applied for by 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. iect 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- Lion 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 by law. 9.4 CERTIFICATES FOR PAYMENT . 9.5.5 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 • • Construction Manager for distribution to the Contractor 9.6 PAYMENTS WITHHELD for such amounts as the Architect determines are prop- 9.6.1 The Architect. following consultation with the eriv due. or notify the Construction Manager in writing of Construction Manager. may decline to certify payment AIA DOCUMENT A2O1ICM • GENERAL CONDITIONS•OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIM • 1980 • THE ' 15 A201 /CM — 1980 AMERICAN INSTITUTE OF ARCHITECTS. 1 735 NEW YORK AVE . N.W . 'RASHINGTON. D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright Iawa and is subject to legal prosecution. 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 or 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 responsibiiities 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 loss because of: tractor and certification by the Architect, the Owner shall .1 defective Work not remedied; make payment, reflecting adjustment in retainage, if anv, 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 equipment; is substantially complete, the Architect will then prepare .4 reasonable evidence that the Work cannot be tom- a Certificate of Substantial Completion of the Project pleted for the unpaid balance of the Contract Sum; which shall establish the Date of Substantial Completion hih the ntac of the Project and fix the time within which Cor .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- tion of the Work or designated portion thereof. held because of them. - 9,9 FINAL COMPLETION AND FINAL PAYMENT 9.7 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 shail 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 1MERIC.AN 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. • 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 (3) 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 tions 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 sti safety of persons or property or their protection from fated in the Contract Documents, and if bonds have been damage, injury or loss. furnished as provided in Paragraph 7.5, the written con- 10.2.3 Contractor s erect 1.. The Ctthall t and maintain, as re- sent of the surety to the payment of the balance due for 10.2.3 by existing conditions and the progress of the that portion of the Work fully completed and accepted Work, all reasonable safeguards for safety and protection, shall be submitted by the Contractor to the Construction including posting danger signs and other warnings against manager prior to certification of such payment. Such pay- hazards, promulgating safety regulations and notifying • ment shall be made under the Terms and Conditions goy- owners and users of adjacent utilities. erning final payments, except that it shall not constitute a 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 liens: . 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. tions 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 bF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIA • 1980 • THE 17 A201 /CM — 1980 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE .. N W . WASHINGTON 0 C. =onor, WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. • 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 EMERGENCIES for protection against claims which may arise from 10.3 operations under the Contract. 10.3.1 In any emergency affecting the safety of persons or property the Contractor shall act, at the Contractor's 11.3 PROPERTY INSURANCE 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 ARTICLE 11 against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss or damage INSURANCE including, without duplication of coverage, theft, van- 11.1 CONTRACTOR'S LIABILITY INSURANCE dalism and malicious mischief. If the Owner does not 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 ance 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 tions 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 tion, 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 Work in • Hess or disease, or death of any person other than transit when such portions of the ork are to be - • the Contractor's employees; cluded in an Application for Payment under Subpara- graph 9.3.2. .4 claims for damages insured by usual personal in- 11.3.2 The Owner shall purchase and maintain such jury liability coverage which are sustained (1) by boiler and machinery insurance as may be required by any person as a result of an offense directly or 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 to 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. 11.1.4 Certificates of Insurance acceptable to the Owner 11.3.5 If the Contractor requests in writing that insur- shall be submitted to the Construction Manager for trans- ance for risks other than those described in Subpara- mitta( to the Owner prior to commencement of the Work. graphs 11.3.1 and 11.3.2, or other special hazards. be These Certificates shall contain a provision that coverages included in the property insurance policy, the Owner afforded under the policies will not be canceled until at shall. if possible, include such insurance. and the cost 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 A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N W. WASHINGTON, D.C. 220006 A201 /CM — 1980 18 WARNING: Unlicensed photocopying violates U.S. copyright Taws and Is sublset to legal prosecution. • • 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 .1 by mutual acceptance of a lump sum properly in which case the procedure shall be as provided in Para- itemized and supported by sufficient substantiating • graph 7.9. If after such loss no other special agreement data to permit evaluation; • 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 12.1.3.1, 12.1.3.2 or 12.1.3.3 is agreed upon, the Contrac- insurers in accordance with the directions of such arbi- 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 • • tnbution. 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 games 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 Owners 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 CONSTRUCTIO\ CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA3 • Lc) 1980 • THE 19 A201 /CM —1980 AMERICAN INSTITUTE OF ARCHITECTS. 1715 NEW YORK AVE.. N W., WASHI■GTO\ D.C. -?YN • WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 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. lions 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- 13.1 UNCOVERING OF WORK ments or subsequently agreed upon, and if the quantities 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 lvith 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 cure 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 time as may be prescribed by law or by the terms of any after consultation with the Construction Manager. Any applicable special warranty required by the Contract Docu change in the Contract Sum resulting from such claim ments, any of the Work is found to be defective or not in • shall be authorized by Change Order. 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 i 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 O wner ' 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, , AIA DOCUMENT A101 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • Aim> • 4J 1980 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW PORK . ',VE.. '4 W WASHINGTON, D.C. 20006 A201 /CM —1980 20 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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 - 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 test 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 vate 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 test'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 tion, 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 written 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, tion 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 whatever methods the Owner may deem expedient. In 13.3.1 If the Owner prefers to accept defective or non- 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. - ng its removal and correction, in which case a Change 14.2.2 If the unpaid balance of the Contract Sum ex- Order will be issued to reflect a reduction in the Contract ceeds the costs of finishing the Work, including compen- Sum where appropriate and equitable. Such adjustment sation for the Architect's and the Construction Manager's shall be effected whether or not final payment has been additional services made necessary thereby, such excess made 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 anv 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 • AIA •^c, 1980 • THE _ 21 A201 /CM — 1980 AMERICA` INSTITUTE OF ARCHITECTS. ■735 NEW YORK AVE.. V.W.. WASHINGTON D.C. :0006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 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. In cases of conflict between the General Conditions and these Supplementary Conditions, wording of this Section shall govern. ARTICLE 1 1. Subparagraph 1.1.3 —third line -after the word "construction," delete the remaining words and insert the following: "and all supplies, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities, services, and incidentals necessary for the proper execution and completion of such construction; except as expressly noted in the Scope of Work or the General Requirements of the Contract." 2. Subparagraph 1.2.1—delete in its entirety. 3. Add new subparagraph 1.2.5 as follows: "Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work." 4. Add new subparagraph 1.3.2 as follows: "Unless otherwise provided in the Contract Documents, the 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 — delete in its entirety. SUPPLEMENTARY GENERAL CONDITIONS 00800 - 1 4. Subparagraph 2.3.15 — delete in its entirety. 5. Subparagraph 2.3.18 — delete the word "reasonable" in the sixth (6th) line. After the word "promptness ", add "consistent with the constraints of the project schedule so as to cause no delay." 6. Subparagraph 2.3.21 —first line — delete the words "The Construction Manager will assist the Architect ", and substitute, "The Architect will assist the Construction Manager." 7. Subparagraph 2.3.23 — delete the phrase "against whom the Contractor makes no reasonable objection and." Also, delete the last sentence in the subparagraph in its entirety. ARTICLE 3 1. Subparagraph 3.2.1 — delete in its entirety. 2. Subparagraph 3.3.1 — delete from the last sentence the phrase, "..., except to the extent required by Subparagraph 6.1.3 ". 3. Subparagraph 3.4.1— substitute three (3) days notice in each case for the seven (7) day notices stipulated. Add at end of subparagraph the following: "In the event of clean -up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of a serious nature, as determined by the Construction Manager, notice will given, and contractor is required to rectify deficiency immediately." ARTICLE 4 1. 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." 2. Add new subparagraph 4.4.4 as follows: "The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment." 3. Add new subparagraph 4.4.5 as follows: "The Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his SUPPLEMENTARY GENERAL CONDITIONS 00800 - 2 materials and equipment. The 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." 4. Subparagraph 4.7.1 — delete in its entirety and replace with: "The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Owner will not assess any County building permit or County impact fees. The Contractor will be responsible for any other building permit costs or impact fees required for this project. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc." 5. Subparagraph 4.8— delete in its entirety. 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 Contractor or ceases to be in his employ." 7. Subparagraph 4.10.1 —add the following sentence: "This schedule, to be submitted within seven (7) 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." 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 Contractor may submit data on substitute materials through the Architect to the Construction Manager 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." SUPPLEMENTARY GENERAL CONDITIONS 00800 - 3 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 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 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 Contractor shall be further responsible for sealing and /or finishing, in an acceptable fashion and meeting any applicable code requirements, any such block -out, 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 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 Contractor, and may be considered grounds for replacement of site personnel." 15. Add new Subparagraph 4.16.3: "All written correspondence to the Construction Manager shall be serialized, dated, and signed by an authorized representative of the Contractor. The correspondence shall be directed to: Mr. William A. Bibo, A.I.A. Monroe County Construction Manager 5100 College Road Key West, Florida 33040 or hand delivered to the Construction Manager's office. 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 and Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) 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 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 4 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 person or entity on a list submitted by the Contractor in response to the requirements of the Contract Documents, the 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 the 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 (6th) line, after the word "initiates," delete the words "an arbitration proceeding" and substitute "a claim;" tenth line, delete the words "at the Owner's expense, and "; thirteenth line, after the words "and court or," delete the word "arbitration" and substitute "claim." 4. Add new subparagraph 6.2.6: "Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify the Construction Manager in writing, of his contention: setting forth (A) the cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to the Construction Manager with (72) hours after the delay has ceased to exist. It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. SUPPLEMENTARY GENERAL CONDITIONS 00800 - 5 The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Construction Manager for an increase in the contract price, nor a claim against the Owner or Construction Manger for a payment or allowance of any kind for damage, Toss 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 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 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. Paragraph 7.5— delete in its entirety and insert: "The Owner shall require the Contractor to furnish a Public Construction Bond in accordance with paragraph 11.1.9." 5. Subparagraph 7.8.1 — delete in its entirety. 6. 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 Contractor is delayed, at any time, in the progress of the Work by any act or neglect of the Owner, Construction Manager, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes SUPPLEMENTARY GENERAL CONDITIONS 00800 - 6 beyond the 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 — delete in its entirety and insert: "Any claim for extension of time shall be made in writing to the Construction Manager not more than seventy -two (72) hours after the commencement of the delay in accordance with paragraph 6.2.6; otherwise it shall be waived. 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 Contractor shall report the termination of the cause for the delay within seventy -two (72) hours after such termination in accordance with paragraph 6.2.6; 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: "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." 4. Add new subparagraph 8.3.5: "If the Project is delayed as a result of the 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 Contractor causing the delay shall be liable, but not limited to, delay claims from other Contractors which are affected." ARTICLE 9 1. Subparagraph 9.3.3 —add at line 14 after the word "person ": "All Subcontractors and Sub - subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor." 2. Subparagraph 9.5.1 —add: "From the total of the amount determined to be payable on a progress payment, 10 percent of such total amount will be deducted and retained by the Owner until final payment is made. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. 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 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 7 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 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 bona fide disputes, or where the Contractor has some other justifiable reason for delay, the 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 Contractor shall pay, to each of his Subcontractors, not later than the end of the calendar month in which each payment is made to the Contractor, the representative amount allowed the Contractor on account of the work performed by his Subcontractor interest therein. The Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subcontractor to make payments to his suppliers and 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 Contractor and Construction Manager cannot agree on a revised amount, the Construction Manager shall process the Application for the amount he deems appropriate. The Construction Manager may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, he may nullify, in whole or part, any approval previously made to such extent as may be necessary in his opinion because of: (1) defective work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Contractor to make payments properly to 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 Contractor until certificates of insurance or other evidence of compliance by the Contractor, within all SUPPLEMENTARY GENERAL CONDITIONS 00800 - 8 the requirements of Article 11, have been filed with the Owner and Construction Manager. Further, no payments on the basis of work performed by a Subcontractor shall be paid until copies of all bonds required by Paragraph 7.5 and any certificates of insurance required of the Subcontractors under Article 11 have been filed with the Owner." 6. Paragraph 9.7— delete in its entirety. 7. Add paragraph 9.10: "Any requirement of this Article 9 that the Contractor furnish proof to the Owner, Architect or Construction Manager that the subcontractors and materialmen have been paid is for the protection and convenience of the Owner only. Unpaid subcontractors and materialmen may only seek payment from the Contractor and the surety that provided the Contractor's Public Construction Bond. The Contractor must insert this paragraph 9.10 in all its contracts with subcontractors and materialmen." ARTICLE 10 1. Paragraph 10.2.5— second line — delete "(other than damage or loss insured under Paragraph 11.3) ". 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 govemed 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 altemative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work govemed 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 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 9 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: m Certificate of Insurance or m A certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, it's employees and officials 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 Toss 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. 11.1.8 Throughout the term of the contract, the Contractor shall purchase and maintain Builder's Risk Insurance on an All Risk Loss Form. Coverage shall include: Theft, Windstorm, Hail, Explosion, Riot, Civil Commotion, Aircraft, Vehicles, Smoke, Fire, Collapse and Floods. The policy limits shall be no Tess than the amount of the finished project and coverage shall be provided on a completed value basis. 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. The facility as defined for this paragraph includes structures as defined in the contract drawings and specifications. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. 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 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 10 obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. ARTICLE 12 1. Subparagraph 12.1.2 —Add to end of paragraph, "The Architect will prepare each Change Order in the format of the AIA Document G701 /CM." 2. Subparagraph 12.1.3 —under item .1, add the following at the end of the sentence, ", as set forth in subparagraph 12.1.6" 3. Subparagraph 12.1.4— delete in its entirety and insert the following: "If none of the methods set forth in Clauses 12.1.3.1, 12.1.3.2 or 12.1.3.3 is agreed upon, the Contractor, provided a written order signed by the Owner or Construction Manager is received, shall promptly proceed with the Work involved. The cost of such work shall then be determined by daily force accounts in a form acceptable to the Owner and Construction Manager. The daily force account forms shall identify contractor and /or subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each extra work activity claim. Each daily force account form shall be signed by the designated Construction Manager's representative no later than the close of business on the day the work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to the Construction Manager with all supporting documentation required by the Construction Manager for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; workers' or workmen's compensation insurance; and the rental value of equipment and machinery. Mark -ups for overhead and profit will be in accordance with subparagraph 12.1.6. Pending final determination of cost, payments on account shall be made as determined by the Construction Manager. The amount of credit to be allowed by the 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." 4. Add new subparagraph 12.1.6: "The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workmen's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered, the credit shall be the net cost. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home /field office expenses. SUPPLEMENTARY GENERAL CONDITIONS 00800 - 11 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 Contractor performs the actual Work, the maximum percentage mark -up for overhead shall be five percent (5 %) and the maximum percentage for profit shall be five percent (5 %). 12.1.6.2 If the Subcontractor performs the actual Work, the percentage mark -up for overhead and profit shall be a maximum addition of ten percent (10 %). If the Contractor does not enter into the Work, the maximum mark up for managing this work will be five percent (5 %). 12.1.6.3 If the Subcontractor performs part of the actual work, his percentage mark -up for overhead and profit shall be a maximum addition of ten percent (10 %) on his direct work only. If the Contractor performs part of the actual work, his percentage mark -up for overhead and profit shall be a maximum addition of ten percent (10 %) on his direct work only. 5. Add new subparagraph 12.1.7: "The 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. Any additional supporting documentation requested by the Construction Manager such as certified quotations or invoices shall be provided by the Contractor to the Construction Manager at no additional cost to the Owner." 6. Subparagraph 12.3.1 — delete in its entirety and insert the following: "If the Contractor claims that any instructions given to him by the Construction Manager, by drawings or otherwise, involve extra work not covered by the Contract, he shall give the Construction Manager written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3. The written notice to the Construction Manager for the extra work shall include a complete description of the extra work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark -ups shall be limited as specified elsewhere in this Article. Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this subparagraph is given by the Contractor." 7. Subparagraph 12.3.2— change the word 'agent' in the seventh (7th) line, to 'representative', and revise the remainder of the paragraph to read: "or (3) any written order for a minor change in the Work issued pursuant to Paragraph 12.4, the Contractor shall make such claim as provided in Subparagraph 12.3.1." SUPPLEMENTARY GENERAL CONDITIONS 00800 - 12 8. 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. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 12.1.4 for any dispute or claim item." ARTICLE 14 1. Subparagraph 14.1.1— starting at the eighth (8th) line, delete the phrase, "..., or if the Work should be stopped for a period of thirty (30) 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 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 13 SECTION 00970 PROJECT SAFETY AND HEALTH PLAN 1.1 REGULATIONS AND POLICIES A. Every Contractor and Subcontractor employed on the Project shall comply with all applicable local, State, and Federal safety and health regulations and with Monroe County safety and health policies as described herein. 1.2 PROJECT SAFETY AND HEALTH REQUIREMENTS A. It is recognized that it is good business and evidence of competent leadership to prevent the occurrence of incidents that lead to occupational injuries or illnesses. Safety and health requirements on this project include, but are not limited to, the following: 1. In general, this accident prevention policy is based on a sincere desire to eliminate personal injuries, occupational illnesses, and equipment and property damage; and to protect the general public exposed to or associated with the work. 2. The importance of the safety of all workers on the project shall be recognized and accident prevention shall be an integral part of all operations. 3. Each Contractor and Subcontractor shall conduct work in a safe and practical manner in conformance with the OSHA Safety and Health Regulations and the latest edition of the Manual of Accident Prevention, Associated General Contractors of America. 4. Each Contractor and Subcontractor shall observe all applicable Federal, State, local and project laws and regulations pertaining to safety and health, pollution control, water supply, fire protection, sanitation facilities, waste disposal and other related items. 5. The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with the OSHA and Emergency Phone Number posters. 6. A record of all occupational injuries and illnesses shall be maintained. Medical and lost time cases shall be properly recorded on the OSHA log, and reported to Monroe County. A copy of the insurance report for workmen compensation cases shall be provided to Monroe County. 7. Each Contractor and Subcontractor shall provide or arrange for adequate first aid facilities, emergency transportation and persons qualified in first aid. PROJECT SAFETY & HEALTH PLAN 00970 - 1 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 three -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 one (1) crew is to be utilized by each contractor, or 10 %, whichever is more. The third part consists of the Owner cleaning up for a particular trade contractor should adequate notice not compel him to clean up his work. In this case, the appropriate contractors will be backcharged. 10. This project shall be a Hard Hat job and all supervisors, employees and visitors shall be required to wear a suitable hard hat while on the project site. 11. Other appropriate personal protective equipment shall be provided and worn as required including but not limited to long pants, shirts with sleeves and appropriate leather work boots. 12. Temporary construction aids such as ladders, scaffolds, stairs, railings, etc., shall be provided to facilitate access or working conditions in a manner that shall conform to the safety standards specified by Federal, State, Local or manufacturer's recommendations or 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 Monroe County 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, Monroe County shall take one or more of the following steps: a. Cease the operation or a portion thereof. b. Stop payment for the work being performed. PROJECT SAFETY & HEALTH PLAN 00970 - 2 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 Monroe County on a weekly basis. All employees working at the project site shall be required to attend and participate in the meetings. 17. Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard Analysis (phase plan) shall be prepared by the contractor and submitted to Monroe County 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 Monroe County 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 Monroe County. 18. No personal radios or stereos will be allowed on the job -site. 1.3 FIRE PROTECTION A. 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 A. 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 PROJECT SAFETY & HEALTH PLAN 00970 - 3 Communication Lines Hand Book 81, Occupational Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction and as specified elsewhere herein, or as are generally applicable to the type of work being performed; and (d) to continuously supervise and inspect the work being performed to assure that the requirements of (a), (b), and (c) above are complied with, and nothing in these Contract Documents shall be held to mean that any such responsibility is the obligation of the Owner or the Architect or the Construction Manager. 1.5 BARRICADES, WARNING DEVICES AND LIGHTING A. 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. B. It shall be the responsibility of the Contractor to provide additional temporary lighting, if needed to maintain safe conditions. C. 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 PROJECT SAFETY & HEALTH PLAN 00970 - 4 SECTION 00980 CONTRACTOR QUALITY CONTROL PLAN 1.1 CONSTRUCTION MANAGEMENT'S DUTIES AND RESPONSIBILITIES A. The Construction Management 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 A. 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. B. 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. C. The Contractor's Quality Control Representative will coordinate the submittal of all shop drawings, product data and samples to the Architect/Engineer. Any submittal that is at 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. D. The Contractor will bear the responsibility of scheduling all required testing and inspections by the designated material- testing laboratory, 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. E. 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. F. 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 Monroe County representative on site and then will be CONTRACTOR QUALITY CONTROL PLAN 00980 - 1 identified and segregated from accepted items. Items thus identified will not be incorporated into the work until corrective action acceptable to Construction Management 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 A. INSPECTION PLAN Construction Management 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 the Construction Management Superintendent and the Architect's representative if he so desires to attend and check the following items at a minimum for conformance: (a) Approval of shop drawings and submittals. (b) Approval of inspection and test reports of materials and equipment to be utilized. (c) Completion of previous operations of preliminary work. (d) Availability of materials and equipment required. (e) Potential utility outages. (f) Any other preparatory steps dependent upon the particular operation. (g) Quality standards. (h) Safety or environmental precautions to be observed. (Phase Hazard) Note: Construction Management 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 Construction Management 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. CONTRACTOR QUALITY CONTROL PLAN 00980 - 2 Note: Construction Management will record the minutes to this inspection meeting and distribute accordingly. 3. Follow -up Inspections —The Contractor's Quality Control Representative will inspect the work daily to assure the continuing conformance of the work to the workmanship standards established during the preparatory and initial inspections. Additionally, as a part of the follow -up inspection, sign -off sheets will be utilized as often as possible. The intent of these sheets is to achieve concurrence from other trade contractors and responsible parties that ensuing work can indeed commence over underlying work. This will prevent oversights and omissions which could elevate costs. Sign -off sheets shall be used for, but not be limited to, concrete, drywall, ceilings, painting, roofing substrates and flooring. These reports are to be generated by the Contractor and submitted to the Construction Management 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.B 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 the Construction Management Superintendent, if he so desires to attend, to perform an inspection of the completed work. Nonconforming 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. 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: Construction Management will record the minutes to this inspection meeting. 6. Pre -Final Inspection —Upon substantial completion of the project work Construction Management shall coordinate and conduct a universal inspection of all areas and elements of the work. The Architect/Engineer CONTRACTOR QUALITY CONTROL PLAN 00980 - 3 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 Architect/Engineer. All deficiencies and incomplete work should be completed prior to the final substantial completion inspection. B. 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. The Construction Management Superintendent will coordinate and witness all such tests. Notification should be given at least ten (10) days in advance of the scheduled tests. C. FINAL INSPECTION Construction Management 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. See Section 01700 for contract closeout. 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. A. DAILY QUALITY CONTROL REPORT The Daily Quality Control Report shall be used to document the summary of daily inspection activities performed by the Contractor's designated Quality Control Representative. It shall include any of the steps of inspection that are performed that day, all test monitoring and any rework of nonconforming items. The daily Quality Control Report section of the Daily Superintendent's Report will be routinely used for daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, Section 01385. B. 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 Construction Management. CONTRACTOR QUALITY CONTROL PLAN 00980 - 4 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 Site 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 Construction Management. 1.5 AUDITS A. Construction Management may choose at its option to perform Contractor audits of their Contractor Quality Control Plan at any time. Reports of these audit results will be forwarded to the Project Manager for his action. Any action items noted during an audit for the Contractor will be followed up and documented to insure compliance and avoid recurrence. 1.6 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 CONTRACTOR QUALITY CONTROL PLAN 00980 - 5 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. 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 twenty (20) days after Monroe County Construction Manager receives approved Application for Payment. The twenty (20) day payment period will not begin until Monroe County Construction Manager receives Application for Payment from Architect. D. Monroe County makes every effort to meet the payment schedule. It is requested that the contractor not make any calls to any County office inquiring about payment until the twenty (20) day period has lapsed. 4. MONTHLY PAY REQUEST PROCEDURE A. The County Finance Department processes payments on Wednesday; therefore, it is necessary that correct Pay Request Documents, signed by the Architect, signed and notarized by the Contractor, be received by the Construction Manager no later than Wednesday for you to receive payment by the second Friday following submittal. B. Architect to review as- builts as to current additions, corrections, etc., prior to monthly approval to ensure as- builts are current. APPLICATION FOR PAYMENT 01027 - 1 5. FINAL PAY PROCEDURE A. To help expedite your final payment, it is necessary for the Construction Manager to have a complete package of documents 20 days in advance of requested pay date. B. A minimum of ten (10) working days is required from receipt of correct documents (signed by the Architect) for Construction Manager to obtain necessary signatures and submit project for Final Pay. You need to have all required forms and releases tumed into Architect on the job, with copies submitted to Construction Manager. The following documents (samples attached) are needed to receive Final Pay on a project: (1) CM DOCUMENT Application and Certificate for Payment (2 originals) (2) CM Document Continuation Sheet (3) AIA Document G -701 Change Orders (4) AIA Document G -704 Certificate of Substantial Completion (5) AIA Document G0706 Contractor's Affidavit of Debts and Claims (6) AIA Document G -706A Contractor's Affidavit of Release of Liens (7) Document G -707 Consent or Surety to Final Pay Also, all warranties and guarantees required by Contract. "As- Built" drawings from job, including red -lined site plan. Notarized original separate Final Release of Liens from all subcontractors and/or material and equipment suppliers, certification that all utility bills (i.e., electric, local water) have been paid, and a complete list of subcontractors with addresses and phone numbers. C. It is your responsibility to ensure the completeness of the Final Pay Package. Incompleteness will result in delay of Final Pay. Final Pay Requests will not be processed until all the required documents are received by Monroe County Construction Manager. Final Pay Request must be submitted no later than 30 days after final project completion and acceptance. 6. 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. APPLICATION FOR PAYMENT 01027 - 2 n �v ' rn m c m N 3 y 3 y > y c • L N N • y C .y. a) 0 a) C L o E o 3 c ` c a E d o ' o. CO E L o C - >. V) «>. U °mac ai . _ d O 1° N N o c c .c . ° � p U E 3 `8.'_�'�ca. o >. 0 � a E c v a c a y C.a0 o G) Y T0 m o Up ' � L V y L > o U • N O C CD V y N O N a) L .. a O co to a) ai ova E Q ALL p • V N ca m a .c Y.c v 3 y p L r o o ai ` � � � 3 O U m o03yy c 0 N O C y N. L . . U ' y 0 c Y E E • . A N IX E 7 O•° -) -3w 0 X U) n 0 ea y > p t U .n 0 m f W • Q 0 'O y C N w .> c ` m I- N J d N C c 19 c E a) v m E C LL c c c° ca u y_ c y > n 0 O �. • C V 'C Z1 U c E a) E > O N o a c ) c y a E o - • .c U 0 c co d c cg c c 0 o a O o Z o m 0 c _ c 0 E o.0 E N y N 0 y C) U C fa y 7 N L w p N R >. 13 O O T c o z 0 1- 2, 1- • _I 0 m F-- c o n CO U) 0) Z 2 E ' -o Q c a) o ea y y° O E 3 U O y y o O >` 7 '8 as y ° 1 7 d i I y y y U C N 8O O O .0 a) U> O I U tu ' y Q • c V ` N d Q O ` O C o .. o o . 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E= T n 0- m �v a 1 u- a 0 n. 0 a c u Qa 1 c a as ¢ m ci M � 0 W w 0 CO W _ Z a F > w Z = n � 0 = g °z Q LL m U e+ L9 a Z a -- w p o c , z <O I- ° W L9 z D oJW+ O Z— ago — 0 CC oo v U F-a L.) u) Q � U CL J CL d Q J 0 - a LL c wco W y O Z Q W N F - 2 a 0 0 w w a o N = Lu — a a 0 (p U y c�C K 0 0 O eL CL CO ° c a O .0 Li. d y O d kg C 0 65 c U 0 uj ~ U 0 C O G+. .2 - 75 N W W f L d �_ w > O Ua) �:. U ca c 0 y c 3 °� u_ 0 / . o c O 1--- U U Z 0 fp CO O H G ` @ F- Z O o O. i O U O U Z cB �O rn 0 O w v, a) ►-� P U o c co O U '.. C �6 N c o < w Z U ¢ °__ CHANGE OWNER ❑ ARCHITECT ❑ ORDER CONTRACTOR ❑ FIELD ❑ AIA DOCUMENT G701 OTHER ❑ PROJECT: CHANGE ORDER NUMBER: (name. address) DATE: TO CONTRACTOR: ARCHITECT'S PROJECT NO: (name, address) CONTRACT DATE: CONTRACT FOR: The Contract is changed as follows: Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) (Guaranteed Maximum Price) was 5 Net change by previously authorized Change Orders $ The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was 5 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of 5 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will he 5 The Contract Time will be (increased) (decreased) (unchanged) by ( )(lays. The date of Substantial Completion as of the date of this Change Order therefore iS NOTE: This summary does not reflect chantzes in the Contract Sum. Contract Time or Guaranteed Maximum Price , N hich have hen .utti t,nzca h' Construction Change Directive. ARCIIITECT CONTRACTOR OWNER Addrr>n Addretss Address B1" BY BY DATE DATE DATE AIA DOCUMENT D701 • iA\ n; FR • 19s- EDITION • 1IA' • i.■N • " ;r. • '.E\" s()RK ;\4. N',\ \ a` :) .. G701-1987 ■s suotect to Ieaal orosecuuon CERTIFICATE OF OWNER SUBSTANTIAL COMPLETION ARCHITECT CONTRACTOR ❑ .CIA DOCUMENT G70-+ FIELD (Instructions on reverse side) OTHER r • PROJECT: PROJECT NO.: (Name rota ud(Dr••o CONTRACT FOR: CONTRACT DATE: TO OWNER: TO CONTRACTOR: r \'uuu• turd uddte.•st (. \'emu• foul fcldrecsr DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: • The \ \i,rk performed under this Contract has been reviewed and found. to the Architect's best knowledge. information and belief. to he substantially complete. ubstantial Completion is the stage in the progress of the \Xi>rk when the Wi,rk or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the \i,rk for its intended use. The date it sub,untial Completion of the Project or portion thereof designated ahoye is hereby estahiished as which IN also the late of commencement of applicable warranties required by the Contract Documents. except as stated below: A list of items to he completed or corrected is attached hereto. The failure to include any items on such list does not alter the respon- sihiiity of the Contractor to complete :ill Work in accordance with the Contract Documents. ARCf iITEC: i BY DATE The Contractor .ytl! cumnirte or correct the Work on the list of items attached hereto within days from . the .hove date of Substantial (:ompietinn. CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession theldatci (time) on BY DATE The esoonsti)iiincs ,rt :he Owner .ind the Contractor for security. maintenance. heat. utilities. damage to the Work and insurance hail he .is roilow \ „its— „ moor . ,ur,r ( ",r?r,rn : ,,, . ;;u .nnr :xxrrrrnrce onus./ ;b cic'lrrmtne and err tcu :usurnurc , c'rurrrc!uc'ur• ,111[i , , _ _• CONTRACTOR'S ARCHITECT 0 AFFIDAVIT OF CONTRACTOR ❑ SURETY ❑ PAYMENT OF OTHER DEBTS AND CLAIMS AMA Document G706 TO (Owner) ARCHITECT'S PROJECT NO: E 7 CONTRACT FOR: J CONTRACT DATE: PROJECT: (Hama, address) State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AI;\ Document A201, hereby certifies that, except as listed below, he has paid in full or has citherwise 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 heid responsible. 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. 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- 13Y. [ached hereto if required by the Owner: 1. Contractor's Release or Waiver of Liens, condi- tional upon receipt of final payment. Subscribed and sworn to iiciore me this 2. Separate Releases or Waivers of Liens from Sub - day 01 Ir Lontractors and material and equipment sup- pliers, to the extent required by the Owner, ac- Notary Public: c nnananied by a list thereof. ctor s .Aii,da ar Release of _ien (AIA E' T C my Commis on Expires - .. I • \\ • ., ' V '. E' .)F .)EL'1 S \NI) . • \i CONTRACTOR'S A CHITECT ❑❑ AFFIDAVIT OF CONTRACTOR ❑ SURETY ❑ RELEASE OF LIENS OTHER AIA DOCUMENT C 06A TO (Owner) ARCHITECT'S PROJECT NO: E 7 CONTRACT FOR: L CONTRACT DATE: PROJECT: (name, address) State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, 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 supplies of materials and equip- ment, and all performers of Work, labor or services who have or may have liens against ,tr,y property of ti Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: (If none, waste "None". If required by the Owner, the Contractor shall furne.h hand �ati.iacinn to the Owner for each exec•ptu>n 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. 13Y: Subscribed and .■■'orn to before me ti, . day of Notary Public `Iv Cummut,Or. .nirc ,r ELE\SE �F If • •. �,�,. .. . • CONSENT OF A CHITECT SURETY COMPANY SURETY O TRACTOR O TO FINAL PAYMENT OTHER AIA DOCUMENT G707 PROJECT: (name, address) TO (Owner) 7 ARCHITECT'S PROJECT NO: E CONTRACT FOR: CONTRACT DATE: CONTRACTOR: In accordance w.vith the provisions of the Contract between the Owner and the Contractor as indicated above, the here ,nsert name and address of Surety Company( , SURETY COMPANY; on bond of here insert name and address of Contr ciorl , CONTRACTOR, herebv approves of the i lnal payment to the Contractor, and agrees that iin.)I payment ttt the C ontr,t( for 'hall not relieve the Surety Company Of any of Its obligations to ( Insert n.une .nitlres.• thvnrri • OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, day of 19 the Surety Company has hereunto set its hand this Surety Company Signature Authorized Representative Attest: (Seal): Title . , s a comltanton tint ument to AIA DOC.U.\t(NT ( , 70 ( , . CONTI:A( IOI: S , V I I I ) \\ I T t it 'r nllttti \ •.;; FINAL !'AY\tLNT • ,PRIL [Dirk )N • \ \t SECTION 01200 PROJECT MEETINGS PART 1 - GENERAL 1. SUMMARY A. Section includes: 1. Project meetings 2. The CONSTRUCTION MANAGER'S RESPONSIBILITY A. Construction Manager shall schedule and administer pre- construction meeting, periodic progress meetings, and specially called meetings throughout progress of the Work. 1. Prepare agenda for meetings. 2. Provide notice of each meeting 24 hours in advance of meeting date, or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. c. Furnish three copies of minutes to the Architect. B. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. The Architect and the Owner's Representative may attend meetings to ascertain that the Work is expedited consistent with the Contract Documents and construction schedules. PROJECT MEETINGS 01200 - 1 3 PRE - CONSTRUCTION MEETING A. Location: A central site designated by the Construction Manager. B. Attendance: 1. Monroe County Construction Manager or his designee. 2. The Architect and his professional consultants (as required). 3. The Contractor's Superintendent. 4. Major subcontractors. 5. Major suppliers. 6. 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. PROJECT MEETINGS 01200 - 2 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: A central site designated by the Construction Manager. C. Attendance: 1. The Architect and his professional consultants as needed. 2. Contractors as appropriate to the agenda. 3. Suppliers as appropriate to the agenda. 4. Others. D. Suggested Agenda: 1. Review of Work progress since previous meeting. 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. PROJECT MEETINGS 01200 - 3 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. Other business. 14. Distribute meeting minutes. END OF SECTION 01200 01200 -4 PROJECT MEETINGS SECTION 01301 SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Submit to the Architect, 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 specific le requirements. 1.2 certifications, shop drawings, product d ata and sample 1.2 SUBMITTAL SCHEDULE A. The Contractor shall submit within ten (10) days of award of the Contract, and prior to proceeding with the site work, a preliminary "Submittal Schedule" to the Architect for review, modification and response. No payment applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information: 1. Specification Section number and name. 2. Specification Section paragraph identification which describes submittal requirement. 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). B. The Contractor shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted to the Architect. 2. Date contractor has scheduled to order material or equipment or the submittal item. 01301 -1 SUBMITTALS 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 Construction Manager or Architect/Engineer should be aware of. C. The Contractor shall allow a minimum of two (2) weeks for review of submittal by Architect/Engineer (in calendar days). D. The submittal master record will then be used to track submittals within the process. 1.3 SHOP DRAWINGS A. Provide shop drawings as complete legible 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. B. Do not reproduce the Contract Drawings for shop drawing submittals. C. Sheet sizes shall be the same for all sheets and shall not exceed the size of the Contract Drawings. D. Each print shall have blank spaces large enough to accept 4" x 4" review stamps of the Architect and the Contractor. E. Each print shall carry the following information: 1. Project name and contract number. 2. Date. 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. 01301 - 2 SUBMITTALS • 8. Contractor to verify that product meets or exceeds applicable standards listed in document. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and /or detain number. F. The contractor shall submit seven (7) sets to the Architect. The Architect will check the submission and forward two (2) sets to the Construction Manager and the balance of sets to the Contractor. After corrections are made, the requested number of sets of shop drawings issued "For Construction Use" will be distributed to the Architect, the Construction Manager and other trade contractors by the Contractor prior to the start of the Work. • 1.4 PRODUCT DATA A. Product data such as catalog cuts, brochures or manufacturer's sheets will be submitted and adequately identified to the Architect. Submit seven (7) copies of product data to the Architect. 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. The contractor shall submit seven (7) sets to the Architect. The Architect will check and return two (2) copies to the Construction Manager and the balance to the Contractor after review. 1.5 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 Architect, and (1) will be returned to the contractor after review /return from the Architect/Engineer and Construction Manager. 1.6 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. 01301 -3 SUBMITTALS 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 one (1) original and copies to the Architect. The Architect will return two (2) sets to the Construction Manager and the balance to the Contractor after review. 1.7 THE CONTRACTOR'S RESPONSIBILITIES A. Before making submittals to the Architect/Engineer, review each submittal, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to the Construction Manager for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to the Construction Manager. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. C. Verify field measurements and product catalog numbers or similar data. D. Clearly identify on the submittal and transmittal to the Construction Manager in writing of deviations in submittals from the requirements of the Contract Documents. 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. 1.8 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. 01301 - 4 SUBMITTALS 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 Contractor, with copies to the Construction Manager. C. The Architect/Engineer 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. * * * * * * * * * * * * * * ** END OF SECTION 01301 SUBMITTALS 01301 - 5 SECTION 01310 PROGRESS SCHEDULES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Progress schedules 2. Revisions to schedules B. Related sections: 1. SCOPE OF WORK C. Description: 1. Progress Schedules: promptly after award of the Contract and prior to proceeding with the sitework, prepare and submit to the Construction Manager for approval, construction progress schedules for the work, with subschedules of related activities which are essential to its progress. Also incorporate manpower loading related to each activity on the construction schedule. 2. Revisions to Schedule: submit revised /updated progress schedules with each payment application. 1.2 FORMAT • A. Prepare Progress Schedules, Contractor to submit format of schedule for approval by Construction Manager. • 1.3 CONTENT A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify work of separate stages and other logically grouped activities. C. Provide sub - schedules to define critical portions of the entire schedule. D. Submit separate schedule of submittal dates for shop drawings, product data, and samples, including the Owner furnished products and products identified PROGRESS SCHEDULES 01310 - 1 3 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 i 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 seven (7) days after receipt of the Contract Notice to Proceed. 1. The Construction Manager will review schedules and return approved copy. 2. 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. 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. PROGRESS SCHEDULES 01310 - 2 Note: It is not incumbent upon the Construction Manager to notify the 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 Contractor of responsibility or of any consequence of neglect or carelessness. END OF SECTION 01310 PROGRESS SCHEDULES 01310 - 3 SECTION 01370 SCHEDULE OF VALUES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. The Schedule of Values allocated to the various portions of the Work shall be submitted to the Construction Manager within three (3) days after Notice to Proceed. 2. Upon request of the Construction Manager, revise and /or support the values with data which will substantiate their correctness. 3. The Schedule of Values 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 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. SCHEDULE OF VALUES 01370 - 1 D. Itemize separate line item cost for each of the following general cost items: 1. Mobilization. 2. Bonds, Insurance and Permits. 3. Clean -up. 4. Submittals. 5. Safety. E. For each major line item list sub - values of major products or operations under the item. F. For the various portions of the Work: 1. Include a directly proportional amount of the Contractor's overhead and profit for each item. 2. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. b. The total installed value. c. Attach vendor invoices. d. No progress payments will be made for any materials stored off site. 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 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 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 at the preconstruction meeting. 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. DAILY CONSTRUCTION REPORTS 01385 - 1 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. 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 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 Construction Manager. 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 (see Supplementary General Conditions), 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 Architect /Engineer or Construction Manager to confirm the contractor's proposed solution. The Contractor should also include any proposed change in contract price with the solution he proposes. 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. DOCUMENT CLARIFICATION REQUESTS 01395 - 1 E. The responses provided on the DCR form to the Contractor are considered by the Owner to be clarifications and /or minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract time per Paragraph 12.4 of the Contract General Conditions. Should the Contractor consider the DCR response requires extra work, notification in accordance with Paragraph 12.3.1 of the Supplementary General Conditions is required. 1.3 UTILIZATION OF DCR FORM A. The Construction Manager will make available the DCR forms for the contractors use. * * * * * * * * * * * * * * * * * * * * ** END OF SECTION 01395 DOCUMENT CLARIFICATION REQUESTS 01395 - 2 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 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. TESTING LABORATORY SERVICES 01410 - 1 1.3 QUALITY ASSURANCE A. Testing laboratory: authorized to operate in the State of Florida. B. Testing laboratory staff: maintain a full time registered Engineer on staff to review services. C. Testing Equipment: 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. D. Meet Recommended Requirements for Independent Laboratory Qualification," published by American Council of Independent Laboratories. 1.4 TESTING LABORATORY RESPONSIBILITIES A. Test samples of mixes. B. Provide qualified personnel at the Site. Cooperate with the Architect, Construction Manager and the Contractor in performance of services. C. Perform specified inspection, sampling, and testing of products in accordance with specified standards. D. Ascertain compliance of materials and mixes with requirements of the Contract Documents. E. Promptly notify the Construction Manager and the Contractor of observed irregularities or non - conformance of the Work or products. F. Perform additional inspections and tests required by the Architect/Engineer and Construction Manager. 1.5 TESTING LABORATORY REPORTS A. After each inspection and test, promptly submit copies of testing laboratory report to the Construction Manager, Architect and Contractor. B. Include: 1. Date issued 2. Project title and number • 3. Name of inspector 4. Date and time of sampling or inspection 5. Identification of product and Specifications Section TESTING LABORATORY SERVICES 01410 - 2 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 Architect/Engineer, provide interpretation of test results. 1.6 LIMITS ON TESTING LABORATORY AUTHORITY A. The testing laboratory may not release, revoke, alter, or enlarge on requirements of the Contract Documents. B. The testing laboratory may not approve or accept any portion of the Work. C. The testing laboratory may not assume any duties of the Contractor. D. The testing laboratory has no authority to stop the Work. 1.7 THE CONTRACTOR RESPONSIBILITIES A. Deliver to the testing laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. B. Cooperate with testing laboratory personnel, and provide access to the Work and to the manufacturer's facilities. C. Provide incidental labor and facilities to provide access to the Work to be tested, to obtain and handle samples at the Site or at source of products to be tested. to facilitate tests and inspections, storage and curing of test samples. D. Notify the Construction Manager and the testing laboratory 24 hours prior to expected time for operations requiring inspection and testing services. E. Employ services of a separate qualified testing laboratory and pay for additional samples and tests which are beyond the specified requirements. 1.8 RETEST RESPONSIBILITY A. Where the results of required inspections, tests, or similar services prove unsatisfactory and do not indicate compliance with the requirements of the TESTING LABORATORY SERVICES 01410 - 3 Contract Documents, the cost for any retests shall be the responsibility of the Contractor. * * * * * * * * * * * * * * * * * * ** END OF SECTION 01410 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 (4) double - duplex 15 Amp, 120 -Volt grounded outlets, with GFCI Protection for personnel. b. Located so that power is available at any point of use with not more than 100 ft. power cords. c. Circuit - breaker protection for each outlet. 2. The Contractor shall furnish, install, and maintain all equipment and wiring required to distribute the power, up to and including the power services. 3. The Contractor shall pay all costs of installation, maintenance, and removal of temporary services. 4. Materials shall be new, and must be adequate in capacity for required usage, and must not violate the requirements of applicable codes and TEMPORARY UTILITIES 01510 - 1 standards. Materials used for temporary service shall not be reused in the permanent system. 5. 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. 6. 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. 7. Feeders and Branch Circuits 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. 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 subcontractors, as well as suitable containers, ice and salt tablets in sufficient quantity to meet the needs of his labor force. All charges, costs, fees and deposits required by the Utility Company for the permanent or temporary water meter, tap and piping material and installation shall be the responsibility of the Contractor and included in the base bid price. 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 TEMPORARY UTILITIES 01510 - 2 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. 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. TEMPORARY UTILITIES 01510 - 3 2. Prior to final inspection, the Contractor shall replace filters and worn or consumed parts of mechanical equipment. * * * * * * * * * * * * * * * * * * ** END OF SECTION 01510 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 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 CONSTRUCTION AIDS 01520 - 1 such temporary construction aids. The Contractor shall restore any permanent facilities used for temporary purposes to their specified condition. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 2.3 TEMPORARY ENCLOSURES A. The Contractor responsible for installing the permanent closure in an opening in an exterior wall shall be responsible for installing, maintaining, and removing, as the Work progresses, a temporary weather -tight enclosure for that opening as necessary to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating and /or cooling, and to prevent entry of unauthorized persons. 1. The Contractor shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by the Construction Manager. 2. Temporary enclosures shall be removable as necessary for the Work and for handling of materials. 3. Temporary enclosures shall be completely removed when construction needs can be met by the use of the permanent closures. 4. The Contractor responsible for providing, maintaining, and removing the temporary enclosure shall clean and shall repair any damage caused by the installation of such enclosure. 5. The Contractor shall remain responsible for insuring that his work, material, equipment, supplies, tools, machinery, and construction equipment is adequately protected from damage or theft and shall provide, maintain and remove such additional temporary enclosures as may be deemed necessary. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. * * * * * * * * * * * * * * * * * * * * ** END OF SECTION 01520 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. The Contractor shall remove temporary access roads and parking facilities and restore the areas to original or required grades. B. Any Contractor excavating across an access road or parking area shall backfill and compact his excavation and resurface the road or parking are to match the existing surface. The Contractor shall comply with all applicable Specifications when so doing. END OF SECTION 01550 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. TEMPORARY CONTROLS 01560 - 1 C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 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 TEMPORARY CONTROLS 01560 - 2 SECTION 01590 FIELD OFFICES AND SHEDS A. The Contractor shall furnish, install, and maintain a temporary field office for his use, the use of his employees, and the use of the Construction Manager 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. END OF SECTION 01590 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 construction operations. CONSTRUCTION CLEANING 01595 - 1 B. Provide on -site containers for the collection of waste materials, debris, and rubbish. C. Dispose of waste materials, debris and rubbish off the Site. D. Trash containers shall be provided by Contractor and located in trash accumulation areas designated by the Construction Manager. Contractor each day shall collect and deposit in the containers, all rubbish, waste materials, debris, and other trash from his operations, including any trash generated by his employees during lunch periods or coffee breaks. Shipping dunnage is also to be removed by the contractor. Paper, boxes and bulk packa ling shall prevent or cut into reasonable sizes and shapes as appropriate ack Toss 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 01595 -2 CONSTRUCTION CLEANING 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 products are undamaged. MATERIAL AND EQUIPMENT 01600 - 1 D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.4 STORAGE AND PROTECTION The Contractor shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on site but not adequately protected will not be included in estimates for payment. Except for materials stored within designated and approved storage sheds, vans, or trailers, the Contractor shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Contractor shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1.5 SECURITY A. The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. END OF SECTION 01600 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. POST -BID SUBSTITUTIONS 01630 - 1 4. Effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources of replacement materials. 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 judgment 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. POST -BID SUBSTITUTIONS 01630 - 2 4. Claims for additional costs caused by substitution which may subsequently become apparent will be waived by the Contractor. 5. Complete cost data is attached and includes related costs under the Contract, but not: a. Costs under separate contracts. b. Architect's costs for redesign or revision of Contract Documents. 1.4 POST -BID SUBSTITUTION FORM A. The form is attached to this section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with back -up data. 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 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: By: Date: Date: 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 POST -BID SUBSTITUTIONS 01630 - 5 SECTION 01650 STARTING OF SYSTEMS 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 (7) 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 Contractor's 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. Submit a certified written report that equipment or system has been properly installed and is functioning correctly. END OF SECTION 01650 STARTING OF SYSTEMS 01650 - 1 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 INSTRUCTION OF THE OWNER PERSONNEL A. Notify Construction Manager seven (7) days in advance of time established for Owner training. B. Two weeks prior to date of final inspection, instruct the Owner's designated personnel in operation, adjustment, and maintenance of products, equipment, and systems, at agreed upon times. Demonstrate start-up, operation, control, adjustment, maintenance, servicing, trouble- shooting and shutdown of each item of equipment at agreed -upon times, at designated location. C. The Owner, at it's option, may videotape any training session, equipment start- up or other instructional requirement. D. For equipment requiring seasonal operation, perform instructions for other seasons within six (6) months. E. Use operation and maintenance manuals as basis for instruction. Review contents of manual with personnel in detail to explain all aspects of operation and maintenance. F. Prepare and insert additional data in Operation and Maintenance Manual when need for such data becomes apparent during instruction. SYSTEMS DEMONSTRATIONS 01670 - 1 1.4 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 (2) weeks prior to proposed dates. B. Provide operating and maintenance manuals to owner four (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 - 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 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 SYSTEMS DEMONSTRATIONS 01670 - 2 SECTION 01700 CONTRACT CLOSEOUT 1.1 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three terminal activities: 1. Substantial Completion 2. Final Completion 3. Final Payment 1.2 SUBSTANTIAL COMPLETION A. Submit to the Architect/Construction Manager when work is substantially complete: 1. A written notice that the Work, or designated portion thereof, is substantially complete. 2. Request Substantial Completion Observation at a mutually agreeable date. 3. Certifications of systems and testing /balancing final reports. 4. 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 7) Utilities 8) F.K.A.A. B. Within a reasonable time after receipt of such notice, the Owner and the Contractor will make an observation to determine the status of completion. C. Should the Owner determine that the work is not substantially complete, the following will occur: 01700 -1 CONTRACT CLOSEOUT 1. The Owner 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 to the Owner. 3. The Owner will reobserve the Work. D. When the Owner concurs that the Work is substantially complete, the following will occur: 1. The Owner will prepare a Certificate of Substantial Completion on AIA Form G704, accompanied by the Punch List of items to be completed or corrected, as verified and amended by the Architect and Construction Manager. Contract responsibilities are not altered by inclusion or omission of required Work from the punch list. 2. The Owner will submit the certificate to the contractor for written acceptance of the responsibilities assigned to them in the certificate. E. Contractor shall complete or correct items identified on the punch list and required by the Contract requirements within time limit established by the certificate. 1.3 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 Owner for final inspection within thirty (30) calendar days of date of substantial completion. 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 Owner and the Contractor will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. CONTRACT CLOSEOUT 01700 - 2 D. Should the Owner consider that the Work is incomplete or defective: 1. The Owner 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 Owner that the Work is complete. 3. The Owner will reinspect the Work. E. When the Work is acceptable under the Contract Documents as determined by the Owner, the Owner will request the Contractor to make closeout submittGis. Warranties & Guarantees for everything will begin at final completion. 1.4 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE OWNER A. Project Record Documents (As Built Documents) B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 1.5 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Owner. 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. Deductions for uncorrected Work d. Deductions for Liquidated Damages e. Deductions for Reinspection Payments f. Other Adjustments C. The Owner will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. CONTRACT CLOSEOUT 01700 - 3 1.6 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. 1.7 FINAL PAYMENT END OF SECTION 01700 CON TRACT 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, fingerprints, labels, and other foreign materials from sight- exposed interior and exterior surfaces. FINAL CLEANING 01710 - 1 C. Wash and shine glazing and mirrors. D. Polish glossy surfaces to a clear shine. E. Dust cabinetwork and remove markings. F. Vacuum all carpets. 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. 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 items installed or used for temporary purposes during construction. O. Restore all adjoining areas to their original or specified ccidition. END OF SECTION 01710 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. 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 ". PROJECT RECORD DOCUMENTS 01720 - 2 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. 1.4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to the Construction Manager prior to request for final payment. B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date 2. Project title and Architect's Project number 3. The Contractor's name and address 4. Title and number of each record document 5. Certification that each document as submitted is complete and accurate. 6. Signature of the Contractor, or his authorized representative. END OF SECTION 01720 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. 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. 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 syst ns, 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 F INISHES A. Building products. applied materials, and finishes: include product data, with catalog number, size. composition, and color and texture designations. Provide information for re- ordering custom manufactured products. B. Instructions for care and maintenance; include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture protection and weather exposed products: include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. 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 OPERATION AND MAINTENANCE DATA 01730 - 2 limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. B. Panelboard circuit directories: provide electrical service characteristics, controls and communications. C. Include color coded wiring diagrams as installed. D. Operating procedures: include start-up, break -in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut -down, and emergency instructions. Include summer, winter, and special operating instructions. E. Maintenance requirements: include routine procedures and guide for trouble- shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule, and list of lubricants required. G. Include manufacturer's printed operation and maintenance instructions. H. Include sequence of operation by controls manufacturer. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. K. Provide the Contractor's coordination drawings, with color coded piping diagrams as installed. L. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. 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 SUBMITTALS A. Submit two copies of operation and maintenance data for review by the Construction Manager and the Architect prior to Final Inspection. One copy will be returned with comments. OPERATION AND MAINTENANCE DATA 01730 - 3 B. Submit the required number of copies per each Specification Section or two (2) copies each if not specified of approved data in final form within ten (10) days after Final Inspection. C. For equipment or component parts of equipment put in service during construction and operated by the Owner, submit operation and maintenance data within ten days after acceptance. D. Submit two copies of approved revised volumes of data in final form within ten (10) days after final inspection. END OF SECTION 01730 OPERATION AND MAINTENANCE DATA 01730 - 4