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Contract No. JM-001 Renovation of Judge Miller's Courtroom at Jackson Square CONTRACT JM -001 A. Form of Agreement B. Public Construction Bond C. Certificate of Insurance D. Table of Contents E. Scope of Work F. Milestone Schedule G. Addenda II. A. Proposal Form, pages 00001 -1 through 00001 -2, signed by bidder dated 11/1/94. B. 5% Bid Bond from Contractor's Bonding & Insurance Company C. Lobbying and Conflict of Interest Clause D. Non - Collusion Affidavit E. Sworn Statement on Public Entity Crimes III. A. General Conditions B. Supplementary Conditions C. Contractor's Affidavit of Payment of Debts and Claims D. Contractor's Affidavit of Release of Liens E. Consent of Surety Company to Final Payment F. General Requirements Application for Payment Project Meetings Submittals Progress Schedules Daily Construction Report Document Clarification Requests Temporary Utilities Construction Aids Access Roads and Parking Areas Temporary Controls Field Offices and Sheds Construction Cleaning Material and Equipment Post -Bid Substitutions Starting of Systems Systems Demonstrations Contract Closeout Final Cleaning Project Record Documents Operation and Maintenance Data Starting of Systems Systems Demonstrations Contract Closeout Final Cleaning Project Record Documents Operations and Maintenance Data i # `s c F l 4' 5 3 5 F g { g� t { # } y � [ 3 [ 5 I ( 3 i 1 Y f F R 8 3 i' t f- t' tt fi f 1 THE AMERICAN INSTITUTE OF ARCHITECTS t AIA Document A101 /CM CONSTRUCTION MANAGEMENT EDITION Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1980 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. This document is intended to be used in conjunction with AIA Documents A201 /CM, 1980; B141/CM, 1980; and B801, 1980. AGREEMENT Co.ntract No. JM -001 made as of the day of 61..- in the year of Nineteen Hundred and ,1�- el 61 L) . BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 and the Contractor: Pedro Falcon Electrical Contractor, Inc. RR1, Box 694 -B Big Pine Key, FL 33043 305/872 -0888 the Project: Renovation of Judge Miller's Courtroom, Jackson Square the Construction Manager: Morrison Knudsen /Gerrits the Architect: Gonzalez Architects The Owner and the Contractor agree as set forth below. Copyright 1975, © 1980 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Re- production of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 /CM • OWNER- CONTRACTOR AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101 /CM —1980 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) Renovation of Judge Miller's Courtroom, Jackson Square L ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on the date as established in the Notice to Proceed, and, subject to authorized adjustments, Substantial Completion of the Work shall be achieved not later than (Here insert any special provisions for liquidated damages relating to failure to complete on time ) the time indicated in Section 00350, Milestone Schedule. tiv AIA DOCUMENT A101 /CM • OWNER- CONTRACTOR AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101 /CM —1980 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of • One Hundred Three Thousand Nine Hundred Forty -Six and 00 /100 $23,946.00 The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates and unit prices, as applicable.) Total Base Bid .$103,946.00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Construction Manager by the Contractor and Project Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract Documents for the period ending the Twenty Fifth (25) day of each month as follows: approximately Not later than thirty (30) days following the end of the period covered by the Application for Payment, Ninity percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the Work, a sum sufficient to increase the total payments to One Hundred percent ( 100 %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (1/ not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained alter the Work reaches a certain stage of completion.) Payrnertts-eltte$r d..+A Biel- dpdef -tli ootrac -t -Boc efl4s- 5bala- beaF+RtereSt- #FOr+.t elate- payment is- dae- at-tbe -Ffie - euterecibelow ,- ciLin.the_alaseace4laefeef, -.t thelegal- ratap mauai. lin *,44- l>e -pla e-oi- the- P{o}est. -taws instant .aayr -ca af—ia agseedlrpoa (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 /CM • OWNER- CONTRACTOR AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101 /CM —1980 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and the Architect has issued a Project Certificate for Payment which approves the final payment due the Contractor. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.) I. Bidding Documents A. Bid Documents for the Renovation of Judge Miller's Courtroom, Jackson Square, which include Bidding Documents, Contract Documents, Conditions, Drawings, General Requirements and Technical Specifications, and which are enumerated in the attached Table of Contents, pages 00001 -1 and 00001 -2, dated 10/10/94. B. Addendum No. 1, Dated 10/24/94 II. Proposal Documents submitted by Pedro Falcon Electrical Contractor, Inc. A. Proposal Form, pages 00110-2 through 00110-3 , signed by Bidder and dated 11/1/94. B. Bid Security C. Sworn Statement on Public Entity Crimes D. Lobbying and Conflict of Interest Clause E. Non - Collusion Affidavit AIA DOCUMENT A101 /CM • OWNER- CONTRACTOR AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101 /CM —1980 4 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) CPY Reference the documents issued for bidding. 7.4 Working Conditions: (Here list any special conditions affecting the Contract.) Reference the documents issued for bidding. (Seal) Attest: Danny L. Kolhage, Clerk of the Courts "Approved as to Form and Legal Sufficiency" By: Ae4grA/X17% By: Date: 11/01 Date: i y ) D(1 • K This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR hie tree Co Boa d f Count •mmissioners Pedro Fat E1-cal C. tractor Inc. By: 411h. By: �r� `_ '' / Its: *bye? Its: A IA CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A101 /CM • OWNER- CONTRACTOR AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101 /CM —1980 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. t t t I I t r { { E c If Pedro Falcon Elect. Cont 3058722200 P.02 • Bond #FL1695 PUBLIC CONSTRUCTION 41 Pedro Falcon Electrical BY THIS BOND, We Contractor, Inc. , as Principal and Cont actor Bondin: & Insurance Com.an a corporation, as Surly, axe bound to Monroe County Board of County Commissioner,s herein called tamer, in the sum of $ ** *103,946,00 * ** for payment of Which we bind ourselve�a or emirs personal representatives,: successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated November 23, 1994 19 , between Principal and Owner fKi'r . c C nstatictian of Renovation of Judge Miller's Courtroom, Jackson Square the contract being made apart of this bond by refer-shoe, a at the times and in the manner prescribed in the contract; and 2. Pro tly makee payment to all claimantu, s di fined in Section 255..a5(1), Florida Statutes, supplying Principal with labor, materials, ar supplies, used,direotly Or indirectly by Principal in the prosecution of the work provided for in the contract and: 3. Pays Owner all losses, damages, inc1ud4nci r anages for delay, expo i es, costs, and attorney's fees, in ajdiAg appellate proceedings, that Owner sustains because .'cif a default by PrinCipal under the contract; and 4. Performs the.guarantee of all work and materials furnished under the cohtract for the time spe0ified, in the contract, then this bond is void; otherwise it re ';ins in full foxrce. Any changes in or under the contract documentli arid cctmpliahce with any formalities connected with the cahtract.cr the changes does not affect Surety's obligation under'th*.e bond. DATE ON November 9 , , ? ��94 • OF PRINC •'h Pedro Falcon, President President BY �- ' /&_/ (As ATTO Y rig tAcT )Cind L. Mirisola • Contractors Bondini& Insurance, Company__ (NAME OF SDRcry) • • • '11/09/94 07;55 :56; (206) 682 - 1558 —) FINWALL ; CBIC 3 Page 2 • • LIMITED: • POVIf)iR OFATT4PRNEY Q iii*CitiOi. toMDi%iQ J' 1,iiiiiiiiiti COMPANY is RRSVCNSEI.EONLT P R.7He*Qrp 06Ciiiiiit M tW O ThE AMOUNT SEY FORTh ji+1 klis` LNtTEOPOWER OfATt0RNEYAN "< ft. / l' REW LtVOD7fISPOWER OFATTCONEYVYOUt1AVEJWYOUES710NS A80U [ORmist lAVERIFYIHIS POWERO�f' hTTOCV0C�h1 .1, CONTRACTORS DONDINLt INSURANCEC4111PANYfNSEAtTLE ,WASRNGTONAT(100)75&.224Y:: P. tu` I Bur • .. 6, a Q o a F: b 13 t? . Power o 101'75 3 d N o F,, 16 9 5 Limiiit.d power of Attornep i . •'' _,m, V a Dots Appr : L 7 0' 9 Y . I Approlfed by : f ':%r. . , ` = : J ohn .i eprr ►y t�tmN ; � .* .FAI4C'(k • '. Ci 00 �� t�itrll$ 4fPrmcf � t�.w�' ut 1 � • s i 9 e E • a L a �! t e x e r fvgr�ti �r obf D}};s 4 Ff14:Fvfi} lord u, d11nittb M i J..�,LR iy C011KT ▪ dAt.I OA St, JART f ocbtiorl IfApplicd : R 1 . • KNDW ALL NBl BY THINE PR�ITSiha CONTRACTCRSBOIO4G AND NBURMN:E lit } , ccrrQorsbon pfly Q %ern tad !editing under the liwy_o(llR lW i Qrl,ind hanny pnnapsl elfin InBeinle,ICngCouut .hYtgton, doesb ythee epraienbmalu,conatlwM teasppoint 1 IV ll L. M l 1C t S U L A of W 1 IV K Y H 1C R t r b bus and Ireful aRomepi► fad, with full power and authority Newby corierrod in its nine, play and shad, b emu* acknowledge and delver the bond(s) described above; and to bindtheCompiny thereby n fully and to the sena silent as leech such bond was signed iv the President. sired lath Its corncrib) seal of Be Con .ny end duly seated by its aehry; hereby rallying andconfming el that the saidatprReyindad any do in t . maims. bid appointnrt is nits i der and by authority of the following resolutions adopted by ell Dilators of Dins d ND CONTRACTORS BONDING INSURANCE COBPART on // 66 �C �� YY R EDOWEDewat o Pnsiderrr.aaraadre appobtaeaaarny iaktela »Canny CINDY L. M I R IS 0 j,4o,, s, aweuhah < ronboweett»C«rpa„0n.unt y bond, which mg b.m Wm b Err be approved by Jain L Piepro* in each penal aura sit accor to such condiions.stmybe approved by Join T. Piepro% RESOLVED FURTHER Uit eadt Power of Atomey meed rat torththe ipecac desalption of the bond to which d applies, the name of the principal, the name of the obligee, the penal ran, the bond number (except for a bit bond ahem tiros no number), to identifying maser of the aloreyvrbd, to identifying number o1 the Power of Attorney, and to name ten signature of John T. Pieprmy I and may set forth the description and anent of addilonrl renstrace w colder., H WS RESOLVED FURTHER that ntint SprarysauthorisedtoeslnishaspedicexpiaiondalelerlhePower ofAttomeyndtamediryirlMohamimetotmeasJol ntPiepmydeenwnecesaryrnnssolediscretion; Me applicable expiation dsie to be dearly eel bath in ray write Power el Atbm.y RESOLVED FURTHER hurk wept • otterwse provided in to inwdrbly =medic resolution, wider no acunstanc.s slab (y to cordrsd unclad ter any bid, psynret, performance, or conainsson pared end perlem once bend (to., a pen carman end payment Algona in one bend lomnj nand $1,450,0001 the bonds gueranleed by the Smell Buis Administration; (b) dhe penal lam el my bend not gwmbed by the Snell Business Adniti nion (aim that a bid bend wlidt is bather nebicrd by chum (c$ exceed $4,000,000; and (cl a bid bad which s not 'manned by the Smell Bushes Administration be ete.l.d bra job Mere, l IM con ad is awarded, the bond panty on wry palominos bond, payment bond, or cunt irelon ped.nnna and payment bond (a., a prfananw and paynent obligation in one bond lean! le M mauled pursuant 1 the bid bend is to exceed It,000,000. RESOLVED FURTHERtnat ilwaterne named Allermys$ mauledpewerand. Aentyleowedthea ppkablepenal Tenantforthntfrimrdsteyproa .din r rion litany bond in an Irwin equal to thoemoul stnyaddifonrinbncenarel any cah, MlrW crafter eMrsearityreaiedes aNaral security bylheCarpaiyainducwmM)o issue Mbond, se bog aerie desaipienand mount efaddiiatelrcins a ice r e.Yeral an ast lath in the Power of Albrrwy. RESOLVED FURTHER shat to shanty of the Sea en y e1 to Company to artily the aathenkiy and eltednenem N tw lorpoig notedera in any Linked Power of Attorney is hereby datelined lo the kabobs panne, the signature el my N to /Newbg le bbd to Canparry nth repel le Ca elahsnlcIty and eMctvnem N he foregoing m•obil.. es H aged by the Mastery N to Company: John T. Pspnnyt RESOLVED FURTHER Int lhe mignalures (nautili animation Matt* Pewer elAnamey is still in force end WWI el John T. Piegrany, end Newry Pubic, end the corporate and Notary nada appearing or any Limbed Pens el Atenwy oon hunit. ha and le tension, meouion as well m b Limbed Perm el Atleney te.e and its no narionan, nay be by beanie; and mud: Power el Attorney ant be boned an edignal n al RESOLVED FURTHER that al remtuaae adopted prior to today appointing the above veined as aternepiMad for an Company w. ynmby superseded. afihnd 5/2 G 9 W RAC ORS BONDING AND N e T. 6URANCECO► PANYlascausedthesepreststobesi�wdbyJohnRepraly ,andibcorporatesealtobehan b CONTRACTORS BONING AND INSURANCE COMPANY --...„,.. s ��N t; AN8 l�set .„,&77 • Jo hr Gi�� / c • G O r O . .V; SEAL ?i) tAd 8Th TY OF BREI/ARD � Vii- w ' •. iii •to On 5 /26/93 p ersone iyepp .andJohn T.Pi epratybm.bio r �4Lt � ) corporationthatmee curds »�foregoingLbnibd Power ofAttorr ley end acknowledged said Limited Pow of Attorney to be twines and woMaleSt, (� itself ration, for the uses and therein mentioned, and on oath staled that he is authorized to execute th.said Limited Power of Attorney. ,,,,,,.•••••- N WITNESS WHEREOF, I hew hereunto set my hand end efTtrod my official seal the day and year first above written. ANNE J, WEA71 NOTARY PUBLIC MY CO FLORIDA RES 2/18/9 l orry Public in and for tf49bsls of Florida, miring at North Lauderdale The undersigned, acting urd.r.sthortty of fe. Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby o.rt sea, are or In R.0 of CartMcabe of the beciefary of CONTRACTORS BONDING AND INSUIUNDE COMPANY, thet the above and foregoing is a full, true end oorrec:t copy of the Original Power of Attorney issued by said Carpan% end doss hereby further certify that the said Power of Attorney is still in force and effect ctvEN trader my hand, . M e 1 b o u r n e , FL Vie 09 day of NOV 19 9 4 ') ,C, �B8 B8(092893) F 5 i S 4 f 7 3 I I I i t E } ¢ S 6 [� gg� E q � 3 R a s c g � i { t i is I(TIFICATE OF INSURANCE 12/01/94 tODUCER THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION ONLY AND CONFERS loran Insurance Agency, Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 1 Division of Atlantic Pacific EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. '0 Box 420284 , ��erland Key, FL ••42 -0284 COMPANIES AFFORDING COVERAGE soNB800- 745 -3745 ISURED COMPANY LETTER A Old D4 Dipm s IN'dma e Co. cledro Falcon Electrical COMPANY LETTER B BY .7 srd‘ if/44 i 'ontractors Inc. 47 •'" s - 5y at 1 BOX 694 -B COMPANY LETTER C 3ig Pine Key, FL DO ' - -� 33043 COMPANY LETTER D COMPANY LETTER E - YES 'OVERAGES < -- - -- mum THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CBRTIPICATE MAY BE ISSUED OR MAY PERTAIN, TEl INSURANCE AFFORDED BY THE POLICIES DESCRIBED BERBIE IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'O TYPE OF INSURANCE POLICY NUMBER POLICY EPP POLICY EXP ALL LIMITS IN THOUSANDS R DATE DATE GENERAL LIABILITY GENERAL AGGREGATE 1000 A pc, COMMERCIAL GEN LIABILITY GLM204819 02/16/94 02/16/95 PRODS -COMP /oP8 AcG. 1000 11 11 CLAIMS MADE ( 1 OCC. PERS. i ADVG. INJURY 500 [ 1 OWNER'S i CONTRACTORS EACH OCCURRENCE 500 PROTECTIVE FIRE DAMAGE ( 1 (ANY ONE FIRE) 50 f I 1 MEDICAL EXPENSE (ANY ONE PERSON) 5 f AUTOMOBILE LIAB CSL Recei i F [ 1 ANY AUTO Risk Mgmt. & oss Control BODILY INJURY a [ 1 ALL OWNED AUTOS / .2 -� 9 7 (PER PERSON) 1. [ 1 SCHEDULED AUTOS DATE [ 1 HIRED AUTOS BODILY INJURY [ 1 NON -OWNED AUTOS INITIAL " (PER ACCIDENT) [ 1 GARAGE LIABILITY i ( 3 PROPERTY EXCESS LIABILITY EACH occ AGGREGATE [ ] UMBRELLA FORM [ 1 OTHER THAN UMBRELLA FORM 1 STATUTORY WORKERS' COMP EACH ACC AND DISEASE- POLICY LIMIT EMPLOYERS' LIAB DISEASE -EACH EMPLOYEE F OTHER i DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS Addn'l insured: Monroe County Board of County Commissioners its employees and officials Addn'l insured: Morrison, Knudsen & Gerrits i t CERTIFICATE HOLDER < > CANCELLATION < ... ... . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.. Monroe County Board Of County . PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 Commissioners • DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT C O College Rd. • FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF 40 est, FL • ANY EIND UPON THE COMPANY, ITS AGENTS R ENTATIVES. . AUTHORISED REPRESENTATIVE / � iCORD 25 -5 (3/88) / REP \.. DAT (MWDWYY) ` ACUI:1/. I FICA OF INS URAN 11/28/94 ROOU ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WILLITS INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. BOX 69 3960 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MIAMI FL 33269 -0960 COMPANIES AFFORDING COVERAGE 305 -944 -3241 COMPANY APPROVED BY RISK MANAGEMENT A FOCI ISURED COMPANY �L%�ti' L — PEDRO FALCON ELECTRICAL CONTRACTOR B BY ( B IGIPINE B FL 33043 COMPANY DATE �� 'S 9 p WAIVER N/A b YES D I i THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM S. I I POLICY EFFECTIVE POLICY EXPIRATION UMITS 1 DATE (MM /DD/YY) DATE (MM/DO/YY) GENERAL UABIUTY GENERAL AGGREGATE $ ( 1 COMMERCIAL GENERAL UABIUTY PRODUCTS • COMP/OP AGG $ ` CLAIMS MADE OCCUR nix 29 3037 PERSONAL & ADV INJURY $ , OWNERS &CONTRACTOR'S PROT IV A iV EACH OCCURRENCE $ n h A FIRE DAMAGE (Any one fire) $ i A; M Noy J4 1101/ 1 �CJ I tr 1 p 1 ` MED DIP (Any one person) $ ! I AUTOMOBILE LIABILITY tV ? e i ve'1 a COMBINED SINGLE OMIT $ ANY AUTO 1 ALL OWNED AUTOS ,Knudsen e� .:a� 0 I BODILY INJURY $ SCHEDULED AUTOS 0� t• ,,,:;,/ ( Pte) r HIRED AUTOS ~ BODILY INJURY NON-OWNED AUTOS PROPERTY DAMAGE $ I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ Received } ANY AUTO Risk Mgmt. & Doss Control OTHER THAN AUTO ONLY: EACH OCCURRENCE $ ''''./ EACH ACCIDENT $ I , )ATE / a — . — AGGREGATE $ I- t j D(CESS UABIUTY IM l AL r ' l UMBRELLA FORM AGGREGATE $ I OTHER THAN UMBRELLA FORM I $ x WORKERS COMPENSATION AND X j STATUTORY UMITS 1 EMPLOYERS' LIABILITY I' EACH ACCIDENT $ 500, 000 a ■ A I THE � I INCL 22226 -001 01/01/94 12/31/94 DISEASE - POLICY UMIT $ 500,000 , OFFICERS ARE: EXCL , DISEASE - EACH EMPLOYEE $ 500, 000 t ' OTHER 1 i. DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS 1 PERT' AT'.E HOLDER. > : :M . »> ;:: " . CANCELL E ON MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE C/0 PATRICK J ROAD GS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 5090 COLLEGE ROAD 3Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, I KEY WEST FL 33040 BUT FAILURE TO MAIL CH NOTICE SHALL IMPOSE NO OBUGATION OR LABILITY C/0 MORRISON - KNUDSEN /GARRITS OF ANY KIN UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUT4OpMD REP NTATIVE ............. i... ....._ ..... ...... ......_ ............:..:. ...: :.:::: . ::::::::...... : ::::. . : ::::,::::::::.::::,:,::::....:. :,:::::.. .:: : .::. AOORD ) . ': :: .: 0 DEC 1993 y S . . a , , -,,.,. K, tit. t H' ..10±e s5 - '. s5... .rte f ..r 5 , . ,i4, . . h ,� wts .; '- : ' C am . ;! ,, (:. ti '''c "'' a • , ,,' .1 ,' `'',. ''' ' ; �•' " �}" ' T Y '°.1, CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE rERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO :V1:NT,SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE )OES`NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. his certifies that al STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Ignois, or i` El STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, IIInois �9�� 6 ti as coverage in force for the following Named Insured as shown below: �� Pedro Falcon 4 lamed Insured RR 1 Box 694E NOV 1994 ,ddress of Named Insured 9 CC1 Big Pine key, FL 33043 c f " •':-iron Knudsen m APPROVED DY RISK iANACEMENT c% C 0 v ��`o E OUCYNUMBER 622 - 7841- Al2 -59 BY -_ - �4 1 acgliA ''L L FFECT1VE 12, 1994 DATE , ► ,:. _ I ESCRIPTIONOF 1994 Dodge B250 WAIVER: N/A YES. EHICLE s 1 ;ABILITY COVERAGE U YES Q NO n YES 0 NO Q YES/ Q NO Q YES Q NO MRS OF UABIUTY BoSr IrliurY 100 , 000 , 00 Received Each Person Risk Mgmt. & LT,,, Cuntrdl Each Accident 300,000-00 DAI __ - 62 — 9y Properly Each Accident 50,000.00 � -- it B Property llvTliAL / Single Unit Each Accident HYSICAL DAMAGE cii YES Q NO n YES 0 NO Q YES 0 NO n YEs 0 NO :OVERAGES L Comprehensive $ _24a, cQluct Ie S Deductible S Deducible $ Deductbls t CZ YES n NO n] YES 0 NO n YES 0 NO n YES Q NO t Cdision $ 0, @Qtuctbie $ Deductible S Deductible $ Deductbe it MPLOYER'S h ION- OWNERSHIP 13 YES Q NO Q YES n NO n YES (l NO n YES Q No i. li AVERAGE TIRED R COVERAGE 0 YE - 0 NO n YES n NO n YES Q NO n YES Q NO /., . --due.. i • /. J - //' 5 N -,2?-9/ Signature of Authoriz =• - epresentative Title Agent's Code Number Date Name and Address of Certificate Holder Name and Address of Agent 4 M onroe Cty Bd of Commissioners 1 William A. Marti L C ., 5090 College RD State Farm Insurance Key West, FL 33040 2105 N. State Rd 7 Hollywood, FL 33021 1 STATE FARM CD Q ^" WILLIAM A. MARTI, 31 YEAR AGENT INSURANCE Auto- Life - Health -Home and Business 2105 NORTH STATE ROAD 7, HOLLYWOOD, FL 33021 -3898 PHONE (305) 987 -0121 MIAMI (305) 624 -3145) December 9, 1994 County of Monroe Risk Management ATTN: Kay Bahleda 5100 College Road Key West, FL 33040 Ref: Pedro Falcon Electrical Contractor State Farm Insurance Policy 622 - 7841- Al2 -59 Dear Ms. Bahleda: State Farm is finalizing the Certificate of Ins. and endorsement to show Monroe Co as additional insured. They are handling that via FAX and mail. Your office currently has a letter from State Farm acknowledging their action. Morrison Knudesen /Gerrits is being designated as a Certificate Holder and additional insured also. This additonal file adjustment was approved via phone between my office and State Farm today prior to my writing this letter. Mr. Falcon has the required limits of liability continuously in force, however adding additonal insureds who do not have a routine or standard "insurable interest" are what has caused the confusion with proper documentation. Sincerely, 'G William A. Marti - "^ 9 y Agent 267 48 7122 is { fi t 1 1 t fr ( { 3 } f fi } yy { tt q{ k TABLE OF CONTENTS Judge Miller's Courtroom Jackson Square 1. Bidding Documents Section 00030 Notice of Calling for Bids Section 00100 Instructions to Bidders Section 00110 Proposal Form Section 00163 Pre -Bid Substitutions Section 00300 Scope of Work Section 00350 Milestone Schedule 2. Contract Documents Section 00500 Standard Form of Agreement Between Owner and Contractor - AIA Document A101 /CM, June 1980 edition 3. Conditions Section 00750 General Conditions, AIA Document A201 /CM, June 1980 edition Section 00800 Supplementary General Conditions Section 00900 Contractor's Affidavit of Payment of Debts and Claims Section 00905 Contractor's Affidavit of Release of Liens Section 00910 Consent of Surety to Final Payment - AIA Document G707, April 1970 edition 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 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 Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data 10/10/94 TABLE OF CONTENTS 00001 - 1 • Judge Miller's Courtroom Jackson Square 5. Drawings T -1 Title Sheet D -1 Demolition & Repair Plan A -1 Floor Plan A -2 Reflected Ceiling Plan A -3 Schedules & Details A -4 Millwork A -5 Specifications AC -1 Mechanical E -1 Electrical * * * ** *END OF SECTION 00001 * * * * ** { 10/10/94 TABLE OF CONTENTS 00001 - 2 Judge Miller's Courtroom Jackson Square i E a i t 1 y t f i f t E t i t i 3 { t F t i f i t I f 4 c t f 4 r f- 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 th. contractor and his subcontractors. Contractor shalllsubmit copies to the Construction Manager. .2 Provide, replace, and maintain any safety rails and barricades as necessary during the process of work, or during deliveries and storage of materials or equipment. .3 Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. .4 Contractor shall perform all required testing and provide adequate personnel in order to complete all testing to the requirements of governing agencies. .5 All incoming materials and equipment shall be coordinated with and the CM, in order that proper lavdown, staging and stocking areas are developed, prior to release for shipping. Within the building, areas shall be restricted and stocking areas will be authorized in writing. .6 If in the event of conflicting, or overlapping requirements in any area of the bidding documents, technical specifications, or drawings, the most stringent condition shall be bid and constructed. 10/10/94 SCOPE OF WORK 00300 -1 Judge Miller's Courtroom Jackson Square Notify the CM in any event, in order to not compromise the Owner's right to make appropriate decisions. .7 Contractor shall maintain As -Built Drawings, (Record Drawings per Section 01720), of his work progression. . 8 This Contractor shall not store materials inside the building. Contractor shall provide suitable storage container, and be responsible for disposal off -site of all debris and trash. . 9 The following is provided only to outline the parameters of the work. It is the obligation of the Contractor to confirm all dimensions and quantities. Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the contract documents and all incidental work necessary to complete the project in an acceptable manner. The work shall include demolition and repair of approximately 4,000 square feet in 18 rooms of courtroom space in the Courthouse Annex Building of Jackson Square. The work includes: structural repair, patching, interior finishes of ceilings, walls, floors and doors, electrical and mechanical disciplines. . 10 All areas of the facility which are not designated for construction activities by the Contract Documents shall remain clean, open, accessible and unimpeded to the Owner and the public. Due to judicial and courtroom activities taking place during normal working hours, the Contractor shall coordinate all work which may produce excessive noise as determined by the Owner. The Contractor shall be prepared to perform any work which produces excessive noise or adverse conditions during off -hours so as not to impact the normal business activities of the Owner at no additional cost to the Owner. * * * ** *END OF SECTION 00300 * * * * ** • 10/10/94 SCOPE OF WORK 00300 -2 Judge Miller's Courtroom Jackson Square SECTION 00350 MILESTONE SCHEDULE This section contains the project milestone schedule. The contractor is required to determine his proposed schedule to meet these milestone dates. The Contractor is to note the following special items. a. Bid Due Date 11/01/94 b. Award Date (Anticipated) 11/17/94 c. Notice to Proceed (Anticipated) 11/28/94 d. Substantial Completion Date 03/28/95 * * * ** *END OF SECTION 00350 * * * * ** • c 10/10/94 MILESTONE SCHEDULE 00350 - 1 Judge Miller's Courtroom Jackson Square {{ p i• F c Addendum No. 1 October 24, 1994 Judge Miller's Courtroom Jackson Square Upon receipt of this addendum, please execute the attached "ADDENDUM ACKNOWLEDGEMENT' form and send by facsimile or mail to Morrison- Knudsen/Gerrits. The information contained in this Addendum modifies, supplements or replaces information contained in the previously issued Bid Package and is hereby made a part of the Contract Documents. Conditions 1) General Conditions, 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." 2) General Conditions and Supplementary General Conditions, paragraph 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 Trade 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) Supplementary General Conditions, paragraph 8.3.4 - delete from the end of the paragraph: "...which are of the type ordinarily experienced in projects of similar size and complexity." 4) Supplementary General Conditions, add paragraph 9.10: "Any requirement of this Article 9 that the Trade 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 Trade Contractor and the surety that provided the Trade Contractor's Public Construction Bond. The Trade Contractor must insert this paragraph 9.10 in all its contracts with subcontractors and materialmen." * * * ** *END OF ADDENDUM NO. 1 * * * * ** 10/24/94 ADDENDUM #1 Page - 1 r► Judge Miller's Courtroom Jackson Square LI1_i � . ir: r • ADDE.DUM 4 Judge Miller's Courtroom Jackson Square Please acknowledge receipt of Addendum No. 1 for the above referenced project by signing and dating below. Company: Pedro Falcon Electrical Contractor, Inc. Signature: Name: Pedro Falcon Title: President Date: .11/01/94 Please return by facsimile or mail to: F Morrison - Knudsen/Gerrits L tio 5090 College Road Key West, FL 33040 if if Phone: (305) 292 -7845 Fax: (305) 292 -9697 • 10/24 /94 ADDENDUM #] Page - 2 Judge Miller's Courtroom Jackson Square �_ I I c F { E t f i S { S C 3 s c 3 F k s { c 4 f f E i f 3 T E 1 r f f F � C C f t i E a: e SECTION 00110 PROPOSAL FORK 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: Pedro Falcon Electrical Contractor, Inc. RR1, Box 694 -B Big Pine Key, FL 33043 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the renovation of: Judge Miller's Courtroom Jackson Square 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. 10/10/94 BID PROPOSAL 00110 - 2 Judge Miller's Courtroom Jackson Square :f: 1. Total Base Bid $103,946.00 One Hundred Three Thousand, Nine Hundred Forty - six and No /100 dollars. (Total Base Bid - words) I acknowledge receipt of Addenda No.(s) #1 • I have included pages 1 through 8 of the Bid Proposal which 1 entails the Proposal Form X , the required Bid Security X the Lobbying and Conflict of Interest Clause X , the Sworn Statement of Public Entity Crimes X , and the Non - Collusion Affidavit X . (Check mark items above, as a reminder that they are included.) Mailing Address: Pedro Falcon Electrical Contractor, Inc. RR1, Box 694 -B Big Pine Key, FL 33043 t Phone Number: 305/872 -2200, Fax 305/872 -8898 Date: 11/01/94 Signed: Cy j F Pedro Falcon li (Name) I li President (Title) Or I / 1• W • i ' MANSKY itness: (Seal) ' PUB c, • ^ '^ .. 1-3-98 ' OF V - i , c 10/10/94 BID PROPOSAL 00110 - 3 Judge Miller's Courtroom Jackson Square 1 t t 1 E c t • ( ..i THE AMERICAN INSTITUTE OF ARCHITECTS • AMA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Pedro Falcon Electrical view insert Tull name and address or legal lisle of Contractor) Contractor, Inc., RR1 Box 694 -B, Big Pine Key, FL, 33043 as Principal, hereinafter called the Principal, and Contractors Bonding & Insurance Company dim Insert roil name and addressor legal tide ol Surety) 1455 Howell Branch Road, Winter Park, Florida, 32789 a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto Monroe County Board Were insert lull name and address or legal tide of Owner) of County Commissioners, 5100 College Rd., Stock Island, Key West, FL as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ * * *5 % * * ** ), 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 Renovation of Jude Miller's ! ' Olen Insert lull name, address and description ol project/ Courtroom, Jackson Square, Monroe County, Florida NOW, THEREFORE, if the Obligee shall accept the bid of the Principal the Principal shall enter lido 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 party to perform Use Wolk covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 1st day of November 19 94 Pedro Falcon Electrical Contractor, Inc. (Principal) (Seal) (Witness) (Tide) • Contractors Bonding & Insurance.Co. 1 (Sun (Seal) (Wilnes \ `7Y1f Cindy LV Miriscq[lk), Attorney -in -Fact and Florida Resident Agent AEA DOCUMENT ASIR • !ID RONO • AIA 0. 1EURUARY 1110 ED • 11iE AMERICAN INSIIIUIE OF ARCHITECTS, 11)S N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 10/24/94 06 :52 :53; (206) _682- 1558 —> FINWALL ; CBIC 1 Page 2 ( ' if LIMITED P91 R OF ATTQp$EY R r EFULLY CONTRALTO 1S MD BOND(IQ INSU COMFANY 13 RES BL.E.ONLY:FOR'1f1E,BOPJ D�itpED UP TQ;The AMOUNT SET Foil*. jibe's,' L1JITEDPOWER A RAS161RE' W>L LVOD' 1fgSAOWEROFATTCBNEY. P: YOUHAVEANYOUESTION ;ABOUT ;f POWER OF /ITORNEfCALLCONTMGIDRSBOND(NG NDINSURANCE JiNYVVS SAT 'TLE.WASHVIGTUNAT(100)781t2242 Pens(8um l�irta "a �F,13 `Po .. O W o $ID' •I 1 1 9 • Ltmi[etl Power of Ait ` : C Al Appr'ovetlby: / ... John T. '. rzny F C>Z'R 1 C A Crtl iPrintt�.rn,... • lyemri4fPFlosA ' �'`� �` {' ,3 � �C1' � � ►t .� j �t3�1 f ��iy f �y� f�ItRiit 4f 0[ll 0 ` O C TN i y% 1%/114(13 0�;40 l Lf0A144 1'I.tNE:i( i i �riilp4grl(a� ®, � s e t b r h B e z s ` bIZVAtc & PUNRO 14 uurfl ,. • rd. 'Loc:Btiofn (if . MEN BY REBE Apphteb10 ' __ _J g 1 K 1 u pro __ I Nl! K t1� q[ n91alth i y,Wesh do� h'tllaasprses�ilb 0BONON MDN n } i � L m M H � t, mi4ft nguMsrthe I.w W n,indhsrin Lprircipslaifics 0s IruaInd lawful atlornorinacwthful poser end authority harsbycodertsd in it, name, plea and steed, b execute, scknorkdgos d dsinor IM bon4s) descrbed above; and to bind tthsCompa es fully e nd to the sans went es Need' such bond ins signed by the President sealed wth the corporate seal d the Condom/ end idly altdadby its & attar hereby ratifyingandcordrmirgat that tlwsi prpsyilrfect mry do in ti's promsss. Said appo4Mrnr is d mods u don ad u by Ruda* of the following resolutions adopted by the Bard of Directors d WhTHAC MKS WRONG ANO NSL.nN Lt tlJtar AhI on ! b Y RESOLVED ratrePraswaasnlhwidedtappanleaaeornsy #-raet die Der al C I NDY L. 14 I R I S 0 1o,,,efs„dsur, oil, y rosignon bend oldie Deeps" Mosesuntybond' which nit, homtimolo tmebeapprovedbyJointPieprzn in huh peal sun and accorbingto such cadiionsa smsybe approved by John T. Piap,v. RESOLVED FURTHER rat NM Power of Attorney mid set teeth the specific description of the bond to which t applies, the name of the principal, the name of the obligee, the penal shin, the bond nnnber (except for a bid bond when rare is no number), identifying number of to all ormy-in -40d, the identifying nu,Barof IM Power of Attorney, ■d re name and sgrhature of John T. P*pray ; oral nay sot forth en description end amour of addiionl roust ana w collateral, H any. RESOLVED FURTHER that JohnT. Pieprmy s authorized to estabisha specific expiaion date for the Power of Afomeyand tomedilytat dabfansmele bneas John t Pieprmy dews necessary n his sees dsaetion; Be sppinbs expbdion ddb ts M shorty see forth in any wrilen Power of Anonwy , RESOLVED FURTHER Bat woad we otherwise prodded in M swwdAatsly succeeding reseluton, under no drcurnstarces stet (sl se contract amend for eny bid, payment, pusmna ce, Of cendindien payment and perlenrana bend (es,. perform= and paynnnd ebggeien o one bond WI exceed $1,250,000 r the bond's g.afaawd by the Smell Bueiw Anbninatation; (bJ the penal awn d all bond net gwmMd by Ow Snug Business Adrmm4aien (ether then a bid bond wbidh • further reawicld by claw. (cg exabed $3, 000, 000; and (c$ a bid bad which s net posneed by M Smell Bnawr Adminsbaien be eebaaed fore job where, r the contact is wanted, to bond penalty ovary pedomenc bond, payment bond, orconbiaien pefomnnce and payment bond (u,, a performance and payment obligation in **bond fermi to be aectnled purulent s the bid bond s to armed $3,000,000. RESOLVED FURTHER tee tabor nam M ame, putted paw .nd authority is wcsedrieappliabhe penal tirrise.$UAh s tlrmndssly tor bona d a ammo dud 1 Beamaelt • ILI el any additional reinsurance orat any mh lallerolae6loretlarsewigreaivetlsscoBdaNseannlybyth. Canparry astlucannttewueBaband,sesnagaI he descripienandarahenddadi40natraiauancs or cole1N an M torah • the Powor While/my. RESOLVED FURTHER that the adherity Mae Secretary of the Company to certify the authenticity and elsdnonss of to Msgebng nenlubona in any Wiled Power of ABerny is hereby delegated to the iNlowsg persona the signalise at nay d rhs ssewig a bind the Compaq with respect to the ewhnrtlty and eMctivener of du foregoing naebniena as N signed by the Secretory N M hkrrhpeny: Jahn T. Peprsrgt RESOLVED FURTHER that nMNgnature.(ndudsg anifratsnt of the Pewee of Attorney is dill inform and effect) of John T. Piepan y, and Nary Pubic and the arperas and Notary 'eels @sparing on eny Linbd Pew el AIerney cenainbg Ids and the sryebg resoleien as end as the Limisd Pow of Aaerny heel, and its twatnieien, nay be by itasnde; and such Power d Amrney shall be deemed an original in d INIMM f RESOLVED FURTHER fst a1 wobNa sr adopted frier to today.ppoidbg !Mom ose nmd,s.nerney.in4act for the rnp porhy we hereby superseded. I1 WIT WHEREOF, / L 9 T �S BONDINGAPDNSURANCECOMAAANY P' espra ty,eudits corporeleasdtobehereto . Mind t i CONTRACTORS BONDING AND INSURANCE COMPANY VIII # / '' p \11g AN8 ,`,„ b 7 7 • 0 .1 s .. h 1 • • POR John n T. P ''/ J� ` tp a , r F� % vI SEAL : w l • • o a STAT FLORIDA — COUNTY OF BREVARD i y t • • , }a ir era -e per onall yeppeeredJoinT . Piwpratyt�omehno Ohl 5 / 2 6 / 9 3 erg thecorporetion flat oxea,ted the f onwgoing Limited P and acknowledged said Limited Power of Attorney to be t efree end role oisaidcorporetion, for the uses end purposes therein mentioned, and on oath stated that he is authorized b execute the said Limited Power of Attorney. ',••......•=' ' I N WITNESS WHEREOF, I here hereunto set my hand and affixed my official seal the day and year first above written. ANNE J. WEATHERMAN. NOTARY PUBLIC STATE OF FLORIDA ` MY COMMISSION EXPIRE$ 2/18/g5 t �� Noisy Public in and for of Florida, residing at North Lauderdale The undersigned, acting under authority of the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as or tit lieu of Cerdticale o f the !Walden/ of CONTRACTORS BONDING AND INSURANCE COMPANY, that the dew and foregoing is a lull, t r u e correct copy of tie Original Power of Attorney issued by said Comm% end doss hereby further certify that the said Power of Attorney is still it force and effect GIVEN under my herd, eeMee 1 b o o u r n e, FL this 01 day of NOV i g 94 C / / / x/ B8(09 �/ 4 0 c 0 LOBBYING AND CONFLICT OF INTEREST CLAUSE Ar SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ' is ETHICS CLAUSE • Ppdrn Falcon Electrical Contractor, Inc. • i (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, i 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■. p .....4_,,e_e. ti, (S ignatur ) Date: 11/ 1 /94 STATE of Florida COUNTY Of Monroe Subscribed and sworn to (or affirmed) before me on November 01, 1994 (date) by Pedro Falcon (name of affiant). He /She is personally known to me or has produced personally known to me as identification. (type of identification) 4„ �' ` NOTARY PUBLIC ROB !" zZ S7M kNSKY `-i a M,, 1 • . .^ F.D. ?.1.95 TA Q' UOTCJix. ScivIca ins. Co. . t i 1 MCA 1t4 Rev 2/92 i C , 3 10/10/94 BID PROPOSAL 00110 - 7 Judge Miller's Courtroom Jackson Square Q s 6 i 4 E R Y ® 3 y f � E • • Section 00110 IIW Non - Collusion Affidavit t, Pedro Falcon of the city of Big Pine Key, Florida according to taw on wy oath, and under penalty of perjury, depose and say that; 1.) I am President of the firm of Pedro Falcon Electrical Contractor, Inc. the bidder making the Proposal for the project described in the notice for calling for bids for: Judge Miller's Courtroom, Jackson Square 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 process 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 and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5.) the statements contained in this affidavit are true and correct, and wade with full knowledge that Monroe County relies upon the truth of the statements contained in this affidav in awarding contracts for said project. 11/01/94 (Signature of Bidder) (Date) STATE OF: Florida OOUNTY OF: Monroe PERSONALLY APPEARED BEFORE ME, the undersigned authority, Pedro Falcon who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 1st day of November , 1994 NOTARY/ :LIC Ny come • expires: . ROBIN R. SZMANSKY PUBLIC c• M y Cane. UP. • A Bonded By Servke Ins. Co. 10/10/94 BID PROPOSAL 00110 - 6 Judge Miller's Courtroom Jackson Square 0 c 0 • • SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES TNIS FORA MUST BE SIGNED AND SWORN TO 11 THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. • 1. This sworn statement is submitted to MnnrnP County Board of County Conunissipners (print name of the public entity) by Pedro Falcon, President (print individual's name and title) for Pedro Falcon Electrical Contractor, Inc. (print name of entity submitting sworn statement) whose business address is RR1, Box 694 -B Bici Pine Key, FL 33043 and (if applicable) its Federal Employer Identification Number (FEIN) is CI- a -3 S 0 231 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ,) 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or • entry of a plea of guilty or nolo contendere. . 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)06, Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or • 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The ten "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of hares constituting a controlling interest In another person, or pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with e person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any • natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any of its officers, directors, ! executives, partners, shareholders, employees, members, or agents who are active in the Ar ) management of the entity, nor any affiliate of the entity has been charged with and convicted of 10/10/94 BID PROPOSAL 00110 - 4 Judge Miller's Courtroom Jackson Square ( i a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. Nowever, there has been a subsequent proceedinD before • Hearing Officer of the State of Florida, Division of Administrative Hearings and the Fin•t Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM 1S VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF AMY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (sign• re) Sworn to and subscribed before me this 1St day of , • - „ � , 19 94. Personally known XX !fs SI al 1 . ; OR produced identification Notary Public - Stat If F C.T • My • i res ) 3 - 95 (Type of identification) ROBIN R. SZMANSKY NOTARY '1 ( . gg11 (Prim ��lQs ne e of Not Form PUR 7068(Rev. 06 /11/92) 10/10/94 BID PROPOSAL 00110 - 5 Judge Miller's Courtroom Jackson Square ff F -- p � p k � k f { 5 x C • THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A201 /CM CONSTRUCTION MANAGEMENT EDITION General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. • 1980 EDITION TABLE OF ARTICLES 1. CONTRACT DOCUMENTS 8. TIME 2. ADMINISTRATION OF THE 9. PAYMENTS AND COMPLETION CONTRACT 10. PROTECTION OF PERSONS AND 3. OWNER PROPERTY 4. CONTRACTOR 11. INSURANCE 5. SUBCONTRACTORS 12. CHANGES IN THE WORK 6. WORK BY OWNER OR BY 13. UNCOVERING AND CORRECTION SEPARATE CONTRACTORS OF WORK 7. MISCELLANEOUS PROVISIONS 14. TERMINATION OF THE CONTRACT AIA CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. Copyright 1975, O 1900, by The American Institute of Architects, 1735 New York Avenue. N.W., Washington, O.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A2111 /CM • GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1900 EDITION • AIA• • m 1900 • THE A201 /CM —1980 1 AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, O.C. 20006 WARNING Unlicensed photocopying violates U.S. copyright Taws and Is sublsct to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 1 Judge Miller's Courtroom Jackson Square 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 61.1, 6.2.5, 7.4, 8.3, 9.6.1.2 Access to Work 2 3.6, 6.2.1 Claims and Disputes Between Contractor Accident Prevention 2 3.5, 10 and Owner 2 3.12, 2.3.15, 2.3.23, 4.18.2, 7.9 Acts and Omissions 4 18 3, 7.4, 7.6.2, 8.3.1, 10.5 Cleaning Up 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 1 1, 1.2 Completion, . All Risk Insurance 11.3.1 Conditions Relating to ...2.3.21, 4.11, 4.15, 9.4.2, 9.9, 13.2.2 Allowances 4 8 COMPLETION, PAYMENTS AND 9 Applications for Payment, Contractor's 2 3.8, 9.2.1, 9.3.1, Completion of the Project, Substantial 81.4, 9.8.3, 9.8 4, 9.3.3., 9.5.3, 9.7.1, 9.8.2, 9.9.1, 9.9.3, 9.9.5, 11.3.1, 14.2.2 9.9.4, 9.9.5, 9.9.6, 13.2.1, 13.2 2 Applications for Payment, Completion of the Work, Substantial 2.3.21, 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, 6.23, 7.9, 8.3.1, 113.7, 113.8 Concealed Conditions 12.2 Architect, Definition of 21 Consent, Written 2.3.22, 4.14.2, 7.2, 7.6.2, Architect, Extent of Authority 2.�, 3.4, 4.12.8, 5.2, 7.7.2, 9.8.1, 9.9.2, 9.9.3, 11.3.9 8.13, 8.1.4, 8.3.1, 9.2, 9.3.1, 9.4, 9.53, 9.6, 9.8, 9.9.1, 9.9.3, Construction Manager, Definition of 2 2 12.1.1, 12.1.4, 12.3.1, 12.4.1, 13.1, 13.2.1, 13.2.5, 14.2 Construction Manager's Approval 4 10.1, 4.13.2 Architect, Limitations of Authority and Responsibility 2 3.2 Construction Manager's through 2.3.5, 2.3.13 through 2.3.18, 2.3.22, 4.12.6, Additional Services 3 4, 7.7.2, 13.2.1, 13.2.5, 14.2.2 5.2.1, 9.4.2, 9.5.4, 9.5.5, 12.4 Construction Manager's Authority and Responsibility 2 3.3, Architect's Additional Services ...3.4, 7.7.2, 13.2.1, 13.2.5, 14.2.2 2.3.5, 2.3.16, 2.3.10, 2.3.22, 4.8.1, 4.17.1, 4.18.3, Architect's Approvals 2 3.18, 3.4, 43, 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 ....2.3.16, 4.5, 13.1.2, 13.2 Construction Manager's Confirmation 9 9 3 Architect's Copyright 1 3 Construction Manager's Consultation with the Architect .2.3.12, Architect's Decisions 2 3.10 through 2.3.16, 7.7.2, 2.3.16, 2.3.19, 2.3.21, 3.4.1, 9.6.1, 9.8.1, 12.1.4, 12.3.1, 14.2.1 7.9.1, 9.2, 9.4, 9.6.2, 9.8.1, 12.1.4, 12.3.1 Construction Manager's Coordination and Scheduling ....2.3.7, Architect's Inspections 2 3.16, 2.3.21, 9.4.2, 9.8.1, 9.9.1 2.3.17, 4.3.1, 4.10.1, 4.12.4 Architect's Instructions 2 316, 2.3.19, 7.7.2, 12.4, 13.1 Construction Manager's Decisions 6 3 8 3.1 Architect's Interpretations 2 3.10 through 2.3.13, 12.3.2 Construction Manager's Determinations ..2.3.3, 6.3.1, 7.7.2, 8.3.1 Architect's On -Site Observations 2.3.4, 2.3.6, 2.3.9, 7.7.1, Construction Manager's Interests 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 11.2, 2.3.16, 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, 32.6, 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, Attomeys' Fees 418.1, 6.2.5, 9.9.2 8.3.1, 832, 9.4.1, 9.5.4, 9.8.1, 9.9.1, 10.2.6, 11.1.4, 11.3.6 Award of Separate Contracts 61.1 Construction Manager's Relationship Award of Subcontracts and Other Contracts for with Subcontractors 1 1.2, 2.3.16, 5.3.1 Portions of the Work 5.2 Construction Manager's Review 2 3.8, 2.3.17, 5.2.1 Construction Schedule, Contractor's 410 Boiler and Machinery Insurance 11.3.2 Contract, Definition of 1 1.2 Bonds, Lien 9 3.3, 9.9.2 Contract Administration 2 3, 4.3.3 Bonds, Performance, labor and Material Payment 7.5, 9.9.3 Contract Award and Execution, Building Permit 4 7 Conditions Relating to 4 7.1, 4.10, 5.2, 7.5, 11.1, 11.3.4 CONTRACT DOCUMENTS 1 Certificate of Substantial Completion ....9.8.1, 9.8.2, 9.8.3, 9.8.4 Contract Documents, Certificates of Inspection, Testing or Approval 7 7.3 Copies Furnished and Use of ' 1 3, 3.2.5, 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 93, 12.1.4, 14.1.1, 14.2.2 Contract Sum, Definition of 9 9.1 Change Orders 1 1.1, 2.3.19, 3.4, 4.8.2.3, 4.11.1, Contract Termination 14 5.2.3, 7.7.2, 8.3.1, 9.7, 9.93, 11.3.1, 11.3.5, 11.3.7, Contract Time, Definition of 8.1.1 12.1, 12.2.1, 12.3.1, 13.1.2, 13.2.5, 13.3.1 CONTRACTOR 4 Change Orders, Definition of 12.1.1 Contractor, Definition of 41, 6.1.2 CHANGES IN THE WORK 2 3.19, 4.11.1, 12 Contractor's Construction Schedule 410 AIA DOCUMENT A28VCM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. CONSTRUCTION MANAGEMENT EDITION • Jet 1980 EDITION • AIA$ • 01980 • THE 2 A201 /CM -1980 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NE55 YORK AVE., N.W., WASHINGTON, D.C. 20006 WARNINEi: Unlicensed photocopying violates U.S. copyright lava and Is subject to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 2 Judge Miller's Courtroom Jackson Square c Contractor's Employees 4 3.2, 4.4.2, 4.8.1, 4.9, 4.18, 10.2.1 Execution and Progress 2.3.5, f t h 3 Work 4.4.1, 4.5141 . 2 2 7 3.4, through 10.2.4, 10.2.6, 10.3, 11.1.1 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 1 2, 4.7.1 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 g 3, 12.1.1, 12.1.2 Contractor's Relationship with Construction Manager 1 1.2, Extensions of Time 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, 6.1.1, 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 3 2.1 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 7 Performing the Work 4 3.2, 4.18, 10 Contractor's Review of Contract Documents ....1.2.2, 4.2, 4.7.3 417, 4.18, 6.25, 9.9.2 Contractor's Right to Stop the Work 9 Indemnification 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, 9.93 Information and Services Required of Contractor's Superintendent 4 9, 10.2.6 the Owner 3 2, 6.1, 9, 11.2, 11.3 Contractor's Supervision and Inspections 2 3.16, 23.21, 4.3.3, 7.7, 12.1.2, 9.9.1 Construction Procedures 1 2.4, 2.3.5, 4.3, 4.4, 10 Instructions to Bidders 1 1.1 Contractual Liability Insurance 11.1.3 Instructions to the Contractor 2 3.2, 3.2.6, 4.8.1, 7.7.2, Coordination and Correlation 1 2 2, 1.2.4, 4.3.1, 4.10.1, 12.1.2, 12.1.4 4.12.5, 6.1.3, 6.2.1 INSURANCE 9.8.1,11 Copies Furnished of 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 2 Insurance, Loss of Use 11.4 Cost, Definition of 12.1.4 Insurance, Owner's Liability 11.2 Costs 3 4, 4.8.2. 4.15.2, 5.2.3, 6.1.1, 6.2.3, 6.2.5, 6.3, 7.7.1, Insurance, Property 11.3 7.7.2, 9.7, 11.3.1, 11.3.5, 12.1.3, 12.1.4, 12.3, 13.1.2, 13.2, 14.2.2 Insurance, Boiler and Machinery 11.3.2 Cutting and Patching of Work 4 14 Insurance, Special Hazards 11.3.5 C Insurance, Stored Materials 9 3.2, 11.3.1 Dolma a to the Work 4 142, 10.2.1.2, 10.2.7, 11.3.1 Insurance Companies, Consent to Partial Occupancy 11.3.9 g Insurance Companies, Settlement With 11.3.8 Damage to Work 414.2, 4.18.1, 6.2.4, 6.23, 9.6.15, Intent of the Contract 10.2.1.3, 10.2.2, 10.2.5, 103, 132.6 Documents 1.2.3, 2.3.10, 2.3.13, 2.3.14, 12.4 Damages, Claims for 61.1, 6.2.5, 7.4, 9.6.1.2 Interest 7.8 Damages for Delay 6.1.1, 8.3.4, 9.7 Interpretations, Written 1 1.1, 2.3.11, 2.3.12, 2.3.13, 12.4 Oay, Definition of 81.5 Decisions of the Architect 23.10 through 2.3.16, 7.7.2. Labor, Materials and Equipment 1 1.3, 4.4, 43, 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 Defective or Non - Conforming Work, Acceptance, Labor and Material Payment Bond 7 5 Rejection and Correction or 2.3.4, 2.3.16, 3.3, 3.4, 43, Labor Disputes 83.1 6 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 4.12.1 5.1, 6.1.2, 8.1, 9.1.1, 12.1.1, 12.1.4 Lens 9 3.3, 9.92, 9.9.4.1 D elays and Extensions of Time 8 3 limitations of Authority. 2.3.2, 11.3.8, 12.4.1 Disputes ?.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 4 11 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, 32.1, 3.2.4, 4.2, 4.7.1, 4.7.3, 4.12.4, 4 15.1,52.1,5.2.3,6.2.2,7.4, Easements 3.23 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, 113.8, Equipment, Labor, Materials and 1.1.1, 4.4, 4.5, 4.12, 4.13. 12.2, 12.3.1, 13.2.2, 13.2.7, 14.1, 14.2.1 4.15.1, 6.2.1, 9.3.2, 9.3.3, 9.6.1.3, 9.9.2. Limitations, Statutes of 7 9.2, 13.2.2, 13.2.7 10.2.1.2, 11.3.1, 12.1.4, 13.2.2, 13.2.5, 14 Loss of Use Insurance 11.4 AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA • © 1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE . N.W., WASHINGTON. D.C. 2000b A201 /CM -1980 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to Legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 3 Judge Miller's Courtroom Jackson Square • • • Materials, Labor and Equipment 1 1.3, 4.4, 4.5, 4.12, 4.13, Performance Bond and Labor and .Material Payment Bond 7.5 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 7 8. 7.9.3, 9.5.5. 9.8.2, 9.9.3, 12.1.4 MISCELLANEOUS PROVISIONS 7 Project, Definition of 11.4 • Modifications, Definition of 1 1 1 Project Construction Schedule 4 10 Modifications to the Contract 1 1.1, 1.1.2, 2.3.2, 2.3.22, Property Insurance 11.3 4.11.1, 4.7.3, 12 PROTECTION OF PERSONS AND PROPERTY 10 Mutual Responsibility 6 2 Record Documents 411 Non - Conforming Work, Acceptance of Defective or 13.3 Regulations and Laws 1 3, 2.1.1, 4.6, 4.7, 4.13.1, Notice, Written 2.3.11, 2.3.15. 4.2, 4.7.3, 4.7 4, 4.9, 7.1, 10.2.2, 14 4.12.6, 4.12.7, 5.2.1, 7.3, 7.4, 7.9.2, 8.1.2, 8.3.2, 8.3.3, Rejection of Work 2 3.16, 4.5.1, 13.2 9.4.1, 9.6.1, 9.7, 9`. ', 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._ , 122, 12.3, 13.2.2, 13.2.5, 14 Representations 1 2.2, 4.5, 4.12.5, 9.4.2, 9.6.1, 91.1 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 8 1.2 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, Occupancy 81.3, 8.1.4, 9.5.5, 11.3.9 4.2, 4.7.3 On -Site Inspections Reviews of Contractor's Submittals by Owner and by the Architect 2.3.16, 2.3.21, 9.4.2, 9.8.1, 9.9.1 Architect 2.3.18, 4.10, 4.12, 5.2.1, 5.2.3, 9.2 On -Site Observations by the Architect 2 3.4, 2.3.6, 2.3.9, Rights and Remedies 1 1.2, 2.3.15, 2.3.16, 3.3, 3.4, 7.7.1, 7.7.4, 9.4.2, 9.6.1, 9.9.1 5.3, 6.1, 6.3, 7.6, 7.9, 8.3.1, 9.6.1, 9.7, Orders, Written 3 3, 4.9, 12.1.4, 12.4.1, 13 I 10.3, 12.1.2, 12.2, 13.2.2, 14 OWNER 3 Royalties and Patents 417 Owner, Definition 3.1 Owner, Information and Services Safety of Persons and Property 10.2 Required of the 3 2, 4.7.1, 6.1.3, 6.2, 9, 11.2, 11.3 Safety Precautions and Programs 2 3.5, 10.1 Owner's Authority 2 3.21, 7.7.2, 9.3.1, 9.3.2, Samples, Definition of 4.12.3 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 Owner's Relationship with Subcontractors 1 1.2, 9.5.4 Schedule, Contractor's Construction 4 10 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 9 2 Owner's 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 4 12.1 Owner's Right to Terminate the Contract 14.2 Shop Drawings, Product Data and Samples 2.3.17, Owner's Right to Stop the Work 3 3 2.3.18, 4 2, 4.12 Ownership and Use of Documents 1 3, 3.2.5, 5.3 Site, Use of 4.13, 6.2.1 Site Inspections 1 2.2 2.3.4, 2.3.21, 7.7, 9.8.1, 9.9.1 Patching of Work, Cutting and 4 14 site \ nits, Architects 2.3.4, 2.3.6, 2.3.9, 7.7.1, Patents, Royalties and 4 17.1 7.7.4, 9.4.2, 9.6.1, 9.9.1 Payment Bond, Labor and Material 7.5 Special Inspection and Testing ' 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, Protect Certificates for 2.3.9, 2.321, 9.4, 9.5.1, Statutes of limitations - 92, 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 21 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 -.8. 7 9 3, 95.5, 9.8.2, 9.9.3, 12.1.4 Subcontractors, Definition of 5 1.1 PAYMENTS AND COMPLETION 9 Subcontractors, Work by 1 2.4, 2.3.5, 4.3.1, 4.3.2 Payments to Subcontractors 9 5.2, 9.5.3, 9.5.4, 9.6.1 3, Subcontractual Relations 5 3 11.3.3, 14.2 1 Submittals 1 3, 2.3.18, 4.10, 4.12, 5.2.1, 5.2.3, Payments Withheld 9 6 9.2, 9.3.1, 9.8.1, 9.9.1, 9.9.3 AIA DOCUMENT A201 /CM • GENERAL CONDITION‘. OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • Ala' • ' 1980 • THE 4 A201 /CM -1980 AMERICAN INSTITUTE OF ARCHITECTS. 1 '35 NEW YORK AYE . N ■., WASHINGTON. U.C. 2 • WARNING: Unlicensed photocopying violates U.S. copyright laws and is subfect to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 4 Judge Miller's Courtroom Jackson Square E c Subrogation, Waiver of 11.3.6 Time Limits, Specific 3 4, 4.10, 7.9.2, 8.2, 8.3.2, Substantial Completion of the Project 8 1.4, 9.8.3, 9.8.4, 8.3.3, 9.2, 9.3.1, 9.4.1, 9.5.1, 9.7, 11.1.4, 9.9.4, 9.9.5, 9.9.6, 13.2.1, 13.2.2 11.3.8, 12.2, 12.3.1, 13.2.2, 13.2.7, 14.1, 14.2.1 Substantial Completion of the Project, Definition of 81.4 Title to Work 9 3.2, 9.3.3 Substantial Completion of the Work 2.3.21, 8.1.1, 8.1.3, 8.2.2, 9.4.2, 9.8, 9.9.3, 11.3.9 UNCOVERING AND CORRECTION OF WORK 13 Substantial Completion of the Work, Definition of 8 1.3 Uncovering of Work 13.1 Substitution of Subcontractors 5 2.3, 5.2.4 Unforseen Conditions 83.1, 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 or Documents 1 3, 3.2.5, 5.3 Substitutions of Materials 45, 12.1.4 Use of Site 413, 6.2.1 Sub - subcontractors, Definition or 51.2 Subsurface Conditions 12.1.1 Values, Schedule of 9 2 Successors and Assigns 7 2 Supervision and Construction Procedures 1 2.4, 2.3.5, Waiver of Claims by the Contractor ....7.6.2, 8.3.2, 9.9.5, 11.3.6 4.3, 4.4, 10 Waiver or Claims by the Owner 7 6.2, 9.9.4, 11.3.6, 11.4.1 Superintendent, Contractor's 4 9, 10.2.6 Waiver of Liens 9 9,2 Surety, Consent of 9 9.2, 9.9.3 Warranty and Warranties 2 3.21, 4.5, 9.3.3, 9.8.4, Surveys 3 2.2, 4.18.3 9.9.4, 13.2.2, 13.2.7 Weather Delays 8 3.1 Taxes 4 6 Words, Recognized Meaning of 1 23 Termination by the Contractor 14.1 Work, Definition of 11.3 Termination by the Owner 14.2 WORK BY OWNER OR BY SEPARATE CONTRACTORS 6 Termination of the Architect 2 3.23 Written Consent 2 3.22, 4.14.2, 7.2, 7.6.2, 9.8.1, 9.9 3 Termination of the Construction Manager 2 3.23 Written Interpretations 1 1.1, 2.3.11, 12.3 2 TERMINATION' OF THE CONTRACT 14 Written Notice 2 3.11, 2.3.15, 4.2, 4.7.3, 4.7.4, 4.9, 4.12.6, Tests 2 3.16. 4.3.3, 7.7, 9 4.2 4.12.7, 5.2.1, 7.3, 7.4, 7.7.2, 7.9.2, 8.1.2, 8.3.2, 8.3.3, 9.4.1, TIME 8 9.6.1, 9.7, 9.9.1, 10.2.6, 11.1.4, 11.3.1, 11.3.5, 11.3.7, Time, Definition of 81 11.3.8, 12.2, 12.3, 13.2.2, 13.2.5, 14 ,Time, Delays and Extensions of 8 3, 12.1, 12.3, 13.2 7 Written Orders 3 3, 4.9, 12.1.4, 12.4.1, 13.1 c AIA DOCUMENT A2111 /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 20X8, ' ` A201 /CM -1980 5 WARNING: UnAc.ns d photocopying violates U.S. copyright laws and Is subject to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 5 Judge Miller's Courtroom Jackson Square 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 Agreement, the Conditions of the Contract (General, Su observations with the requirements of the Contract Docu- p ementary and other Conditions), the Drawings, the 1.2 .3 The intent of the Contract Documents is to include Specifications, and all Addenda issued prior to and all all Items necessary for the proper execution and comple- Modifications issued after execution of the Contract. A 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 regwred unless it is con - sistent therewith and is reasonably Inferable therefrom as change in the Work issued by the Architect pursuant to being necessary to produce the intended results. Words Paragraph 12.4. The Contract Documents do not include and abbreviations which have well -known technical or Bidding Documents such as the Advertisement or Invita- trade meanings are used in the Contract Documents in tion to Bid, the Instructir•ns to Bidders, sample forms, the accordance with such recognized meanings. Contractor's Bid or poi. ns of Addenda relating to any of these, or any other documents unless specifically enu- 1.2.4 The organization of the Specifications into divi- merated in the Owner- Contractor Agreement. sions, sections and articles, and the arrangement of Draw- ings shall not control the Contractor in dividing the Work 1.1.2 THE CONTRACT among Subcontractors or in establishing the extent of The Contract Documents form the Contract for Construc- Work to be performed by any trade. tion. This Contract represents the entire and integrated 1.3 OWNERSHIP ANQ 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 shill remain the prop- lied 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 tained in the Contract Documents shall create any con- common law copyright or other reserved rights. tractual relationship between the Owner, the Construc- tion Manager or the Architect and any Subcontractor or ARTICLE 2 Sub- subcontractor. 1.1.3 THE WORK ADMINISTRATION OF THE CONTRACT The Work comprises the completed construction required 2.1 THE ARCHITECT of the Contractor by the Contract Documents, and in- 2.1.1 The Architect is the person lawfully licensed to cludes all labor necessary to produce such construction. practice architecture. or an entity la,,+Tully practicing ar- and all materials and equipment incorporated or to be chitecture, identified as such in the Owner- Contractor incorporated in such construction. Agreement. The term Architect means the Architect or 1.1.4 THE PROJECT 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 AM DOCUMENT A211 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION A201 /CM — 1980 6 CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIM. • ® 1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. V W., WASHINGTON D.C. 2000N WARNING: Unlicensed photocopying violates U.S. copyright laws and to aubfect to Iegsl pmsocutIon. 10/10/94 GENERAL CONDITIONS 00750 - 6 Judge Miller's Courtroom Jackson Square provide administration of the Contract as hereinafter 't nendations of the Construction Manager and an evalua- described. tion of the Project Application for Payment, the Architect C 2.3.2 The Architect and the Construction Manager will will determine the amount owing to the Contractor and be the Owners 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- 2.3.10 The Architect will be the interpreter of the re- sult with the Owner. All instructions to the Contractor quirements of the Contract Documents and the judge of shall be forwarded through the Construction Manager. the performance thereunder by both the Owner and the The Architect and the Construction Manager will have Contractor. authoritly 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 ■%ritten 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 capacity as interpreter and • an architect, the Architect will keep the Owner informed . judge. the Architect will endeavor to secure faithful per - of the progress of the Work, and will endeavor to guard formance by both the Owner and the Contractor, will not the Owner against defects and deficiencies in the Work : show partiality to either, and will not be liable for the of the Contractor. result of any interpretation or decision rendered in good 2.3.5 Neither the Architect nor the Construction Man- faith in such capacity. ager will be responsible for or have control or charge of 2.3.14 The Architect's decisions in matters relating to construction means, methods, techniques, sequences or artistic effect will be final if consistent with the intent of procedures, or for safety precautions and programs in the Contract Documents. connection with the Work, and neither will be respon- 2.3.15 Any claim, dispute or other matter in question C Bible for the Contractor's failure to carry out the Work in y p accordance with the Contract Documents. Neither the between the Contractor and the Owner referred to the Architect nor the Construction Manager will be respon- Architect through the Construction Manager, except those sible for or have control or charge over the acts or omis- relating to artistic effect as provided in Subparagraph sions of the Contractor, Subcontractors, or any of their 2.3.14 and those which have been waived by the making agents or employees, or any other persons performing any or acceptance of final payment as provided in Subpara- of the Work. graphs 9.9.4 through 9.9.6, inclusive, shall be subject to 13.6 The Architect and the Construction Manager shall arbitration upon the written demand of either parry. at all times have access to the Work wherever it is in However, no demand for arbitration of any such claim, preparation and progress. The Contractor shall provide dispute or other matter may be made until the earlier of facilities for such access so that the Architect and the (1) the date on which the Architect has rendered a writ- 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 coor- has not rendered a written decision b. that date When dinate the Work of all contractors on the Project includ uch a written decision of the Architect states (1! that the ing their use of the site. The Construction Manager will decision is final but subject to appeal. and 121 that any keep the Contractor informed of the Project Construction demand for arbitration of a claim. dispute or other matter Schedule to enable the Contractor to plan and perform covered by such decision must be made within thirty days the Work properly. after the date on which the party making the demand re- 2.3.8 The Construction Manager will review all Applica- ceives the written decision, failure to demand arbitration tions for Payment by the Contractor, including final pay- within said thirty day period will result in the Architect's ment, and will assemble them with similar applications decision becoming final and binding upon the Owner from other contractors on the Project into a combined and the Contractor. If the Architect renders a decision Project Application for Payment. The Construction Man- after arbitration proceedings have been initiated, such • ager will then make recommendations to the Architect decision may be entered as evidence but will not super - for certification for payment. sede any arbitration proceedings unless the decision is 2.3.9 Based on the Architect's observations, the recom- acceptable to all parties concerned. MA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • ALA* • 01980 • THE 7 A201 /CM —1980 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N N . WASHINGTON, D.C. 20000 e WARNING: Unlicensed photocopying violates U.S. copyright taws and is subf ect to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 7 Judge Miller's Courtroom Jackson Square 23.16 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, w ill 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. Anv dispute in connection ■■ith 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 thei gents 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 of which the item is a component. physical characteristics, legal limitations and utility loca- 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 orderk progress of the Work. marked currently to record all changes made during construction, and approved Shop Drawings, Product 3.2.5 Unless otherwise prodded 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 Ow ner or By Sepa- will issue a final Project Certificate for Payment upon rate Contractors, Payments and Completion, and Insur- compliance with the requirements of Paragraph 9.9. ante in Articles 6, 9 and 11, respectively. AIA DOCUMENT A2111/CM • GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIAE • © 1980 • THE A201 /CM —1980 8 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE. . N W.. w.1SHINGTON. D.0 2003b • WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 8 Judge Miller's Courtroom • Jackson Square 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 the Work in accordance with the Contract Documents, 4.4 LABOR AND MATERIALS and fails within seven days after receipt of written notice 4.4.1 Unless otherwise provided in the Contract Docu- from the Owner to commence and continue correction of ments, the Contractor shall provide and pay for all labor, such default or neglect with diligence and promptness, materials, equipment, tools, construction equipment and the Owner may, after seven days following receipt by the machinery, water, heat, utilities, transportation, and other Contractor of an additional written notice and without facilities and services necessary for the proper execution prejudice to any other remedy the Owner may have, and completion of the Work, whether temporary or per - make good such deficiencies. In such case an appropriate manent and whether or not incorporated or to be incor- Change Order shall be issued deducting from the pay- porated in the Work. ments then or thereafter due the Contractor the cost of 4.4.2 The Contractor shall at all times enforce strict dis- correcting such deficiencies, including compensation for cipline and good order among the Contractor's em- the Architect's and the Construction Manager's additional ployees and shall not employ on the Work any unfit per - services made necessary by such default, neglect or fail- son or anyone not skilled in the task assigned them. ure. Such action by the Owner and the amount charged WARRANTY to the Contractor are both subject to the prior approval 4. 5 of the Architect, after consultation with the Construction 4.5.1 The Contractor warrants to the Owner, the Archi- Manager. If the payments then or thereafter due the Con- tect and the Construction Manager that all materials and • tractor are not sufficient to cover such amount, the Con- equipment furnished under this Contract will be new un- tractor shall pay the difference to the Owner. less otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance ARTICLE 4 with the Contract Documents. All Work not conforming CONTRACTOR to these requirements including substitutions not prop- erly approved and authorized, may be considered defec- 4.1 DEFINITION tive. If required by the Architect or the Construction Man - 4.1.1 The Contractor is the person or entity identified as ager, the Contractor shall furnish satisfactory evidence as such in the Owner - Contractor Agreement. The term Con- to the kind and quality of materials and equipment. This tractor means the Contractor or the Contractor's author- warranty is not limited by the provisions of Paragraph ized representative. 13.2. 4.2 REVIEW OF CONTRACT DOCUMENTS 4.6 TAXES 4.2.1 The Contractor shall carefully study and compare 4.6.1 The Contractor shall pav all sales. consumer, use the Contract Documents and shall at once report to the and other similar taxes for the \\'ork or portions thereof Architect and the Construction Manager any error, incon- provided by the Contractor which are legally enacted at sistency or omission that may be discovered. The Con- the time bids are received, whether or not yet effective. tractor shall not be liable to the Owner, the Architect or 4.7 PERMITS, FEES AND NOTICES the Construction Manager for any damage resulting from 4.7.1 Unless otherwise provided in the Contract Docu anv 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 pay for all of the Work at any time without Contract Documents or, other permits and governmental fees. licenses and inspec- where required, approved Shop Drawings, Product Data lions necessary for the proper execution and completion or Samples for such portion of the Work. . of the Work which are customarily secured after execu- 4.3 SUPERVISION AND CONSTRUCTION tion of the Contract and which are legally required at the PROCEDURES time bids are received. 4.3.1 The Contractor shall supervise and direct the 4.7.2 The Contractor shall give all notices and comply Work, using the Contractor's best skill and attention. The with all laws, ordinances, rules, regulations and lawful Contractor shall be solely responsible for all construction orders of any public authority bearing on the perform - means, methods, techniques. sequences and procedures: ance of the Work. AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT 'OR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • MAT • p 1980 • THE 9 A201 /CM —1980 AMERICAN I\S'iTUTE OF ARCHITECTS. 1'35 NEW IORK AVE \ \'. \\ Ac.HI \CTON D.0 ]C(,. WARNING: Unlicensed photocopying violates US. copyright laws and is subfect to legal prosecution. c 10/10/94 GENERAL CONDITIONS 00750 - 9 Judge Miller's Courtroom Jackson Square 4.7.3 It is not the responsibility of the Contractor to conditions of the Work and the Project, subject to the make certain that the Contract Documents are in accord- Construction Manager's approval. ante with applicable laws, statutes, building codes and 4.11 DOCUMENTS AND SAMPLES AT THE SITE regulations. If the Contractor observes that any of the 4.11.1 The Contractor shall maintain at the Project site, Contract Documents are at variance therewith in any re- on a current basis, one record copy of all Drawings, spect, the Contractor shall promptly notify the Architect Specifications, Addenda, Change Orders and other Modi- and the Construction Manager in writing, and any neces- fications, in good order and marked currently to record sary changes shall be accomplished by appropriate all changes made during construction, and approved Shop Modification. Drawings, Product Data and Samples. These shall be 4.7.4 If the Contractor performs any Work knowing it available to the Architect and the Construction Manager. to be contrary to such laws, ordinances, rules and regula- The Contractor shall advise the Construction Manager on [ions, 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 thereto. 4.12 SHOP DRAWINGS, PRODUCT DATA AND 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 b} 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 or 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 person against whom the Contractor makes a other information furnished by the Contractor to illustrate reasonable obje.: 3n• a material, product or system for some portion of the 4.8.2 Unless otherwise provided in the Contract Docu- Work. ments: 4.12.3 Samples are physical examples which illustrate .1 these allowances shall cover the cost to the materials, equipment or workmanship, and establish Contractor, less any applicable trade discount, standards by which the Work will be judged. • of the materials and equipment required by the 4.12.4 The Contractor shall prepare, review, approve and allowance, delivered at the site, and all appli- submit through the Construction Manager, with reason - cable taxes; able promptness and in such sequence as to cause no de- .2 the Contractor's costs for unloading and han- lay in the Work or in the work of the Owner or any sepa- dling on the site, labor, installation costs, over- rate contractor, all Shop Drawings, Product Data and head, profit and other expenses contemplated Samples required by the Contract Documents. The Con - for the original allowance shall be included in tractor shall cooperate with the Construction Manager in the Contract Sum and not in the allowance; the Construction Manager's coordination of the Contrac- .3 whenever the cost is more or less than the tor's Shop Drawings, Product Data and Samples with allowance, the Contract Sum shall be adjusted those of other separate contractors. accordingly by Change Order, the amount of 4125 By preparing, approving and submitting Shop which will me the site. . labor, or, i if any, in costs, han- Drawings, Product Data and Samples, the Contractor rep - over costs on thhe site. lns resents that the Contractor has determined and verified overhead, profit and other expenses. all materials, field measurements and field construction 4,9 SUPERINTENDENT criteria related thereto, or will do so with reasonable 4.9.1 The Contractor shall employ a competent superin- promptness, and has checked and coordinated the infor- tendent and necessary assistants who shall be in attend- mation contained within such submittals ■vith the require - ance at the Project site during the progress of the Work. ments of the Work, the Project and the Contract Docu- The superintendent shall represent the Contractor and all ments. communications given to the superintendent shall be as 4.12.6 The Contractor shall not be relieved of responsibil- binding as if given to the Contractor. Important commu- ity for any deviation from the requirements or the Con - nications shall be confirmed in writing. Other communi- tract Documents by the Architect's approval or Shop cations shall be so confirmed on written request in each Drawings, Product Data or Samples under Subparacraph case. 2.3.18. unless the Contractor has specifically informed the 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 de■ iation. the Contract, shall prepare and submit for the Construc- The Contractor shall not be relieved from responsibility tion Manager's approval a Contractor's Construction for errors or orris '-ions in the Shop Dray.incs Product Schedule for the Work yyhich shall provide for expedi- Data or Samples by the Architect , appro.ai or 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 A2011CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIMS • 1980 • THE A201/CM —1980 10 AMERICAN INSTITUTE OF ARCHITECTS. r31 NEW YORK AVE N W 5 %KSHIN(TI 0 C :M WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. j 10/10/94 GENERAL CONDITIONS 00750 - 10 Judge Miller's Courtroom Jackson Square 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 : C 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 leer 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 or 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 or the site. by any of them or anyone for whose acts any or them • 4.14 CUTTING AND PATCHING OF WORK may be liable, regardless of whether or not it is caused 4.14.1 The Contractor shall be responsible for all cutting, in part by a party indemnified hereunder. Such obligation fitting or patching that may be - equired to complete the shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which Work or to make its several par :s it together properly. \vould otherwise exist as to any party or person described 4.14.2 The Contractor shall not damage or endanger any in this Paragraph 4.18. portion of the Work or the work of the Owner or any , 4.18.2 In any and all claims against the Owner, the Archi- separate contractors by cutting. patching or otherwise sect, the Construction Manager or any of their agents or altering any work, or by excavation. The Contractor shall employees by any employee of the Contractor, any Sub - not cut or otherwise alter the work of the Owner or any contractor, anyone directly or indirectly employed by any separate contractor except with the written consent of the of them or anyone for whose acts any of them may be Owner and of such separate contractor. The Contractor liable, the indemnification obligation under this Para - shall not unreasonably withhold from the Owner or any graph 4.18 shall not be limited in any way by any limita- separate contractor consent to cutting or otherwise alter- tion on the amount or type of damages. compensation or ing the Work. benefits payable by or for the Contractor or any Sub- 4.15 CLEANING UP contractor under workers' or workmen's compensation 4.15.1 The Contractor shall at al! times keep the premises acts. disability benefit acts or other employee benefit acts. free from accumulation of waste materials or rubbish 4.18.3 The obligations of the Contractor under this Para- . caused by the Contractor's operations. At the completion graph 4.18 shall not extend to the liability of the Architect of the Work, the Contractor shall remove all the Contrac- or the Construction Manager, their agents or employees, tor's waste materials and rubbish from and about the arising out of (1) the preparation or approval of maps, Project as well as all the Contractor's tools. construction drawings, opinions, reports, surveys, Change Orders, de- equipment, machinery and su rplus materials. signs or specifications, or (2) the giving of or the failure to 4.15.2 If the Contractor fails to clean up at the comple- give directions or instructions by the Architect or the tion of the Work, the Owner may do so as provided in Construction Manager, their agents or employees. pro - Paragraph 3.4 and the cost thereof shall be charged to the vided such giving or failure to give is the primary cause Contractor. of the injury or damage. 4.16 COMMUNICATIONS 4.16.1 The Contractor shall forward all communications ARTICLE 5 to the Owner and the Architect through the Construction SUBCONTRACTORS Manager. 5.1 DEFINITION 4.17 ROYALTIES AND PATENTS 5.1.1 A Subcontractor is a person or entity who has a 4.17.1 The Contractor shall pas all royalties and license direct contract with the Contractor to perform any of the fees. shall defend all suits or cams for infringement or Work at the site. The term Subcontractor means a Sub - any patent rights and shall sae :�e O\ +ner and the Con- contractor or a Subcontractors authorized representative. struction Manager harmless from loss on account thereof. The term Subcontractor does not include any separate except that the Owner, or the Construction Manager as contractor or any separate contractor's subcontractors. the case may be, shall be responsible for all such loss 5.1.2 A Sub - subcontractor is a person or entity who has when a particular design, process or the product of a par- a direct or indirect contract with a Subcontractor to per - ticular manufacturer or manufacturers is selected by such form any of the Work at the site The term Sub- subcon- person or such person's agent. If the Contractor, or the tractor means a Sub subcontractor or an authorized rep - Construction Manager as the case may be, has reason to resentative thereof. i. believe that the design, process or product selected is an infringement of a patent, that party shall be responsible 5.2 AWARDS OF SUBCONTRA AND OTHER for such loss unless such information is promptly given to CONTRACTS FOR PORTIONS O THE WORK the others and also to the Architect. 5.2.1 Unless otherwise required by the Contract Docu- AIA DOCUMENT A201/CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRLCUO\ CONSTRLCTIO\ \IANAGE+iE\T EDITION • IL'\E 1980 EDITION • AIA' • 1980 • THE 11 A201 /CM — 1980 >MERIC4\ I \STITL TE OF ARCHITUCTS. 1735 NEW \ORIA A\ E , s. \\ \\ s'HI \GTON. 0 C. 200th. WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 11 Judge Miller's Courtroom Jackson Square ments or the Bidding Documents, the Contractor, as soon posed Subcontract which may be at variance with the as practicable after the award of the Contract, shall fur- Contract Documents. Each Subcontractor shall similarly nish to the Construction Manager in writing for review make copies of such Documents available to their Sub- by the Owner, the Architect and the Construction Man- subcontractors. ager, the names of the persons or entities (including those who are to furnish materials or equipment fabricated to ARTICLE 6 a special design) proposed for each of the principal por- WORK BY OWNER OR BY tions of the Work. The Construction Manager will SEPARATE CONTRACTORS promptly reply to the Contractor in writing stating whether or not the Owner, the Architect or the Con- 6.1 OWNER'S RIGHT TO PERFORM WORK AND TO struction Manager, after due investigation, has reasonable AWARD SEPARATE CONTRACTS objection to any such proposed person or entity. Failure 6.1.1 The Owner reserves the right to perform work re- of the Construction Manager to reply promptly shall con- fated to the Project with the Owner's own forces, and to stitute notice of no reasonable objection. award separate contracts in connection with other por- 5.2.2 The Contractor shall not contract with any such Lions of the Project or other work on the site under these proposed person or entity to whom the Owner, the Ar- or similar Conditions of the Contract. If the Contractor chitect or the Construction Manager has made reasonable claims that delay, damage or additional cost is involved objection under the provisions of Subparagraph 5.2.1. The because of such action by the Owner, the Contractor shall Contractor shall not be required to contract with anyone make such claim as provided elsewhere in the Contract to whom the Contractor has a reasonable objection. Documents. 5.2.3 If the Owner, the Architect or the Construction 6.1.2 When separate contracts are awarded for different Manager has reasonable objection to any such proposed portions of the Project or other work on the site, the term person n. , entity, the Contractor shall submit a substitute Contractor in the Contract Documents in each case shall to whol...he Owner, the Architect and the Construction mean the Contractor who executes each separate Owner- Manager have no reasonable objection, and the Contract Contractor Agreement. Sum shall be increased or decreased by the difference in 6.1.3 The Owner will provide for the coordination of the cost occasioned by such substitution and an appropriate work of the Owner's own forces and of each separate Change Order shall be issued; however, no increase in contractor with the Work of the Contractor, who shall the Contract Sum shall be allowed for any such substitu- cooperate therewith as provided in Paragraph 6.2. tion unless the Contractor has acted promptly and re- sponsively in submitting names as required by Subpara- '6.2 MUTUAL RESPONSIBILITY graph 5.2.1. 6.2.1 The Contractor shall afford the Owner, the Con - 5.2.4 The Contractor shall make no substitution for any struction Manager and separate contractors reasonable Subcontractor, person or entity previously selected if the opportunity for the introduction and storage of their ma- Owner, the Architect or the Construction Manager makes terials and equipment and the execution of their work, reasonable objection to such substitution. and shall connect and coordinate the Work with theirs as required by the Contract Documents. 53 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. and shall allow to the Subcontractor, unless specificall' 6.2.4 Should the Contractor wrongfully cause damage to provided otherwise in the Contractor - Subcontractor the work or property of the Owner, or to other work or Agreement, the benefit of all rights, remedies and redress property on the site, the Contractor shall promptly rem - against the Contractor that the Contractor, by these Docu- edy such damage as provided in Subparagraph 10.2.5. ments, has against the Owner. Where appropriate, the 6.2.5 Should the Contractor wrongfully delay or cause Contractor shall require each Subcontractor to enter into damage to the work or property of any separate contrac- similar agreements with their Sub - subcontractors. The tor, the Contractor shall, upon due notice, promptly at- Contractor shall make available to each proposed Sub- tempt to settle with such other contractor by agreement, contractor, prior to the execution of the Subcontract, or otherwise to resolve the dispute. If such separate con - copies of the Contract Documents to which the Subcon- tractor sues or initiates an arbitration proceeding against tractor will be bound by this Paragraph 5.3, and identify the Owner on account of any delay or damage alleged to to the Subcontractor any terms and conditions of the pro- have been caused by the Contractor, the Owner shall AIA DOCUMENT A201/CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIM! • © 1980 • THE A201 /CM —1980 12 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE . N.W.. WASHINGTON. D.C. 20008 . WARNING: Unlicensed photocopying violates U.S. copyright laws and Is sub4ect to legal prosecution. j 10/10/94 GENERAL CONDITIONS 00750 - 12 Judge Miller's Courtroom Jackson Square notify the Contractor who shall defend sucrrproceedings 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 , C 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 failure to act constitute an approval of or acquiescence in Owner has incurred. any breach thereunder, except as may be specifically 6.3 OWNER'S RIGHT TO CLEAN UP agreed in writing. 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, slble 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 - MISCELLANEOUS PROVISIONS tractor shall bear all costs of such inspections, tests or approvals conducted by public authorities. Unless other - 7,1 GOVERNING LAW wise provided, the Owner shall bear all costs of other in- 7.1.1 The Contract shall be governed by the law of the 7 .7.2 o If t tests or approvals. place where the Project is located. 7.7.2 If the Architect or the Construction Manager deter- mines that any Work requires special inspection, testing 7.2 SUCCESSORS AND ASSIGNS or approval which Subparagraph 7.7.1 does not include, 7.2.1 The Owner and the Contractor, respectively, bind the Construction Manager will, upon written atacloriza- themselves, their partners, successors, assigns and legal lion from the Owner, instruct the Contractor to order representatives to the other party hereto and to the part- such special inspection, testing or approval, and the Con- ners, successors, assigns and legal representatives of such tractor shall give notice as provided in Subparagraph .1. If such special inspection or testing reveals a failure other party with respect to all covenants, agreements and obligations contained in the Contract Documents. Neither of the Work to comply with the requirements of the Con - party to the Contract shall assign the Contract or sublet it tract Documents, the Contractor shall bear all costs as a whole without the written consent of the other. thereof, Including compensation for the Architect's and the Construction Manager's additional services made nec- 73 WRITTEN NOTICE essary by such failure; otherwise the Owner shall bear 73.1 Written notice shall be deemed to have been duly such costs, and an appropriate Change Order shall be served if delivered in person to the individual or mem- Issued. ber of the firm or entity or to an officer of the corpora- 7.7.3 Required certificates of inspection, testing or ap- C tion for whom it was intended, or if delivered at or sent proval shall be secured by the Contractor and the Con- by registered or certified mail to the last business address tractor shall promptly deliver them to the Construction known to the party giving the notice. Manager for transmittal to the Architect. 7.7.4 If the Architect or the Construction Manager wishes 7.4 CLAIMS FOR DAMAGES to observe the inspections, tests or approvals required by 7.4.1 Should either party to the Contract suffer injury or the Contract Documents, they will do so promptly and, damage to person or property because of any act or omis- where practicable, at the source of supply. sion of the other party or of any of the other party's employees, agents or others for whose acts such party is 7.8 INTEREST 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 or the Project. MATERIAL PAYMENT BOND 75.1 The Owner shall have the right to require the 7.9 ARBITRATION Contractor to furnish bonds covering the faithful perform- 7.9.1 All claims. disputes and other matters in question ance of the Contract and the payment of all obligations between the Contractor and the Owner arising out or 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 \\ high have been waled by 7.6.1 The duties and obligations imposed by the Con- the making or acceptance of final payment as prodded 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- any duties. obligations, rights and remedies otherwise im- tion Industry Arbitration Rules of the American Arbitra- posed or available by law. Lion Association then obtaining unless the parties mutually . AIA DOCUMENT A201•C.M • GENERAL CONDI'iO\S OF 1r? CONTRACT fl!R V , \ , :R. , • ■ .N CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • ANA: • J 1980 • THE 13 A201 /CM —1980 As1FRICA\ INSTITUTE Of \RCHITECTS. 1731 NEW YORK \ \'E NW WASHI\(;TO\ D C 2001*. WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subieet to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 13 Judge Miller's Courtroom Jackson Square 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 utili* the tion, joinder or in any other manner, the Architect, the Work or a designated portion thereof fbr 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 Protect or designated arbitration shall include by consolidation, joinder or in portion thereof for the use for which it \\as 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 statute consent to arbitration of any dispute not described Contractor shall carry the Work forward expeditiously therein or with any person not named or described \\ith adequate forces and shall achie■e Substantial Com- therein. The foregoing agreement to arbitrate and any pletion or the Work within the Contract Time. other agreement to arbitrate with an additional person or persons duly consented to by the parties to the Owner- 8.3 DELAYS AND EXTENSIONS OF TIME Contractor Agreement shall be specifically enforceable 8.3.1 If the Contractor is delayed at any time in the under the prevailing arbitration law. The award rendered progress of the Work by any act or neglect of the Owner, by the arbitrators shall be final, and judgment may be en- the Architect, the Construction .Manager, any or 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. dela> author- tion, and a copy shall be filed with the Architect and the ized by the Owner pending arbitration. or by any other Construction Manager. The demand for arbitration shall cause which the Construction Manager determines may be made within the time limits specified in Subparagraph justify the delay, then the Contract Time shall be ex- 2.3.15 where applicable, and in all other cases within a tended by Change Order for such reasonable time as the reasonable time after the claim, dispute or other matter Construction Manager may determine. in question has arisen; and in no event shall it be made 8.3.2 Any claim for extension of time shall be made in after the date when institution of legal or equitable pro- writing to the Construction Manager not more than et based on such claim, dispute or other matter in twenty days after the commencement of the delay; other- question uesstion ion 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 a n estimate of the probable effect of such delay on the shall carry on the Work and maintain its progress during progress of the Work. any arbitration proceedings, and the Owner shall con- 8.33 If no agreement is made stating the dates upon tinue to make payments to the Contractor in accordance which interpretations as provided in Subparagraph 2.3.11 with the Contract Documents. :hall be furnished. then no claim for delay shall be ARTICLE 8 allowed on account or failure to furnish such interpreta- tions until fifteen days after written request is made for TIME them and not then unless such claim i, reasonable. 8.1 DEFINITIONS 8.3.4 This Paragraph 8.3 doe. not e \dude the reco\er. ■• damages for dela\ by either par,\ under othe• ^m •- 8.1.1 Unless otherwise pro\ided. the Contract Time is ons nr the Contract Document the period of time allotted in the Contract Documents for Substantial Completion of the Work as defined in Sub- paragraph 8.1.3, including authorized adiustments thereto. ARTICLE 9 8.1.2. The date of commencement of the Work is the PAYMENTS AND COMPLETION date established in a notice to proceed. If there is no no- tice to proceed. it shall be such other date as may be 9.1 CONTRACT SUM established in the Owner - Contractor Agreement or else 9.1.1 The Contract Sum is stated in the Owner - Contrac . where in the Contract Documents. tor .-agreement and. including authorized adiustments 8.1.3 The Date of Substantial Completion of the \work thereto. is the total amount pa\able h\ the Owner to the or designated portion thereof is the Date certified by the Contractor for the performance or the ■York under the Architect when construction is suticiently complete. in Contract Document'. AIA DOCUMENT A201'CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONF. C7 ON CONSTRUCTION MANAGEMENT EDITION • ILNE 1980 EDITION • AIA' • C 1980 • 1'H`- A201 /CM — 1980 14 AMERICAN INSTITLTE OF ARCHITECTS. 1735 NEW ■ORi: AVE N 15 l\ \chi NGTON o C :v:10.. • WARNING: U tcensed photocopying violates U.S. copyright laws and N subject to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 14 Judge Miller's Courtroom Jackson Square 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 . C tractor shall submit to the Construction Manager a to the Contractor by the Construction Manager. schedule of values allocated to the various portions of the 9.4.2 The issuance of a Project Certificate for Payment Work, prepared in such form and supported by such data will constitute a representation by the Architect to the to substantiate its accuracy as the Architect and the Con- Owner that, based on the Architect's observations at the struction Manager may require. This schedule, unless site as provided in Subparagraph 2.3.4 and the data com - objected to by the Construction Manager or the Architect. prising the Project Application for Payment, the Work has shall be used only as a basis for the Contractor's Applica- progressed to the point indicated; that, to the best of the tions for Payment. Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Docu- 9.3 APPLICATIONS FOR PAYMENT ments (subject to an evaluation of the Work for conform - 9.3.1 At (east 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- flcations 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 exhaust'. e 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, ' h- 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- )nation 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 93 PROGRESS PAYMENTS by the Owner, payments may similarly be made for mate- rials or equipment suitably stored at some other Iota- 9.5.1 After the Architect has Issued a Project Certificate lion agreed upon in writing. Payments for materials or for Payment, the Owner shall make payment in the man - equipment stored on or off the site shall be conditioned ner and within the time prol•ded in the Contract Docu- upon submission by the Contractor of bills of sale or menu. such other procedures satisfactory to the Owner to estab- 9.5.2 The Contractor shall promptly pay each Subcon- fish 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 C 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 Subcontractor to make payments to their Contractor, whichever occurs first, free and clear of all Sub - subcontractors in similar manner. liens, claims. security interests or encumbrances. herein- 9.5.3 The Architect may, on request and at the Archi- after referred to in this Article 9 as "liens"; and that no tect's discretion, furnish to any Subcontractor, if prac- Work, materials or equipment covered by an Application ticable, information regarding the percentages of com - for Payment will have been acquired by the Contractor, pletion or the amounts applied for b the Contractor and or by any other person performing Work at the site or the action taken thereon by the Architect on account of furnishing materials and equipment for the Project. sub- \\'ork done by such Subcontractor. , ject to an agreement. under 1Ahich an Interest therein or 9.5.4 Neither the Owner. the Architect nor the Construc- an encumbrance thereon is retained b‘ 'the seller or oth- tion \tanager shall hate any obi gation ,o pay or to see to erwise imposed by the Contractor or such other person. the payment of any monies to any Subcontractor except 9.4 CERTIFICATES FOR PAYMENT as may otherwise be required by la1s. 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 01 any Work not in accordance 1+ith 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 erly due. or notify the Construction Manager in writing of Construction Manager. mat decline to certify payment AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF i CONTRAC` FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1950 EDITION • AIAP • @ 1980 • THE 15 A201/CM — 1980 AmEi:!CAN INSTITLTE OF ARCHITECTS 1 735 NEW ',ORK A \E \ N \\acH' D 20000, .. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • 10/10/94 GENERAL CONDITIONS 00750 - 15 Judge Miller's Courtroom Jackson Square and may withhold the Certificate in whole or in part to not alter the responsibility of the Contractor to complete the extent necessary to reasonably protect the Owner, if, all Work in accordance with the Contract Documents. in the Architect's opinion. the Architect is unable to make When the Architect, on the basis of inspection and con - representations to the Owner as provided in Subpara- sultation with the Construction Manager, determines that . graph 9.4.2. If the Architect is unable to make representa- the Work or designated portion thereof is substantially tions to the Owner as provided in Subparagraph 9.4.2, co mplete, the Architect of will then p par eh shall Certific of and to certify payment in the amount of the Project Ap- blish plication, the Architect Hill notify the Construction Man- the Date of Substantial Completion of the Work, shall ager as provided in Subparagraph 9.4.1. If the Contractor state the responsibilities of the Owner and the Contractor and the Architect cannot agree on a revised amount, the for security, maintenance, heat, utilities, damage to the Architect will promptly issue a Project Certificate for Pay- Work and insurance. and shall fix the time within which ment for the amount for which the Architect is able to the Contractor shall complete the Items listed therein. make such representations to the Owner. The Architect The Certificate of Substantial Completion of the Work may also decline to certify payment or, because of subse- shall be submitted to the Owner and the Contractor for quently discovered evidence or subsequent observations, their written acceptance of the responsibilities assigned to the Architect may nullify the ...hole 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 any. 2 third party claims tiled or reasonable evidence in- for such Work or portion thereof as provided in the Con- tract Documents. dicating probable tiling of such claims; 9 When the Architect, on the basis of inspections, .3 ailure of the Contractor to make payments prop- determines that the Project or designated portion thereof erly to Subcontractors, or for labor, materials or is substantially complete, the Architect will then prepare equipment; a Certificate of Substantial Completion of the Project .4 reasonable evidence that the Work cannot be tom- which shall establish the Date of Substantial Completion pleted for the unpaid balance of the Contract Sum; o f the Project and fix the time within which the Contrac- 5 damage to the Owner or another contractor; tor shall complete any uncompleted items on the Certif- .6 reasonable evidence that the Work will not be icate of Substantial Completion of the Work. completed within the Contract Time; or 9.8.4 Warranties required by the Contract Documents .7 persistent failure to carry out the Work in accord- shall commence on the Date of Substantial Completion of ante with the Contract Documents. the Project or designated portion thereof unless other - 9.6.2 When the grounds in Subparagraph 9.6.1 above wise provided in the Certificate of Substantial Comple- are removed, payment shall be made for amounts with- 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 shall be increased by the amount of the Con- Contractor. This approval will constitute a representation tractor's reasonable costs of shut -down, delay and start- that, to the best of the Architect's knowledge, informa- ' up, which shall be effected by appropriate Change Order tion and belief, and on the basis of observations and in- in accordance with Paragraph 12.3. spections, the Work has been completed in accordance with the Terms and Conditions of the Contract Docu- 9.8 SUBSTANTIAL COMPLETION _ ments and that the entire balance found to be due the 9.8.1 When the Contractor considers that the Work, or a Contractor. and noted in said Certificate, is due and pas - 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 • IUNE 1980 EDITION • AIAO • © 1990 • THE A201 /CM —1980 16 AMERICAN INSTITUTE OF ARCHITECTS. 1n5 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S- copyright taws and is subfeot to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 16 Judge Miller's Courtroom Jackson Square 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. Pied, (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 PROPERT 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: l 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, l■hether in storage on or lien remains unsatisfied after all payments are made, the on the site, under the care, custody or control of Contractor shall refund to the Owner all monies that the the Contractor or any of the Contractor's Subcon- latter may be compelled to pay in discharging such lien, tractors or Sub - subcontractors; including all costs and reasonable attorneys' fees. .3 other property at the site or adjacent thereto, in- 9.9.3 If, after Substantial Completion of the Work, final cluding trees, shrubs, lawns, walks, pavements, completion thereof is materially delayed through no fault roadways, structures and utilities not designated of the Contractor or by the issuance of Change Orders for removal, relocation or replacement in the affecting final completion, and the Construction Manager course of construction; and so confirms, the Owner shall, upon application by the .4 the work of the Owner or other separate contrac- Contractor and certification by the Architect and without tors. terminating the Contract, make payment of the balance 10.2.2 The Contractor shall give all notices and comply due for that portion of the Work fully completed and with all applicable laws, ordinances, rules, regulations accepted. If the remaining balance for Work not fully and lawful orders of any public authority bearing on the completed or corrected is less than the retainage stipu- safety of persons or property or their protection from laced in the Contract Documents, and if bonds have been damage, injury or loss. furnished as provided in Paragraph 7.5, the written con- sent of the surety to the payment of the balance due for 10.2.3 The Contractor shall erect and maintain, as re- that portion of the Work fully completed and accepted quired by existing conditions and the progress of the shall be submitted by the Contractor to the Construction Work, all reasonable safeguards for safety and protection, Manager prior to certification of such payment. Such pay- including posting danger signs and other warnings against ment shall be made under the Terms and Conditions gov- hazards, promulgating safety regulations and notifyin eming final payments, except that it shall not constitute a owners and users of adjacent utilities waiver of claims. 10.2.4 When the use or storage of explosives or other 9.9.4 The making of final payment shall, after the Date hazardous materials or equipment is necessary for the execution of the Work of Substantial Completion of the Project, constitute a Work, the Contractor shall exercise the waiver of all claims by the Owner except those arising utmost care and shall carry on such activities under the from: supervision of properly qualified personnel. 10.23 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 or 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 A701/CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIM • 1980 • THE 17 A201 /CM -1980 AMERI AN, INSTITUTE OF ARCHITECTS I NEW YORK AVE N \1 \1ASHINGTON. 0 C 2000i, WARNING: Unlicensed photocopying violates U.S. copyright taws and Is subtect to legal prosecut5on• 10/10/94 GENERAL CONDITIONS 00750 - 17 Judge Miller's Courtroom Jackson Square otherwise designated by the Contractor in writing to the 11.2 OWNER'S LIABILITY INSURANCE Owner and the Construction Manager. 11.2.1 The Owner shall be responsible for purchasing 10.2.7 The Contractor shall not load or permit any part and maintaining Owner's liability insurance and, at the of the Work to be loaded so as to endanger its safety. Owner's option, may purchase and maintain insurance for protection against claims which may arise from 10.3 EMERGENCIES operations under the Contract. J 10.3.1 In any emergency affecting the safety of persons PROPERTY INSURANCE or property the Contractor shall act, at the Contractor's 11.3 discretion, to prevent threatened damage, injury or loss. 11.3.1 Unless otherwise provided, the Owner shall pur- Any additional compensation or extension of time chase and maintain property Insurance upon the entire claimed by the Contractor on account of emergency Work at the site to the full insurable value thereof. This work shall be determined as provided in Article 12 for insurance shall include the interests of the Owner, the Changes in the Work. Construction Manager, the Contractor, Subcontractors and Sub - subcontractors in the Work, and shall insure against the perils of fire and extended coverage and shall ARTICLE 11 include "all risk" insurance for physical loss or damage INSURANCE Including, without duplication of coverage, theft, van- dalism and malicious mischief. It the Owner does not 11.1 CONTRACTOR'S LIABILITY INSURANCE intend to purchase such insurance for the full insurable 11.1.1 The Contractor shall purchase and maintain insur- value of the entire Work, the Owner shall inform the 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- p surance on portions of the Work stored off the site or in .3 claims for damages because of bodily injury, sick- transit when such portions of the Work are to be in- Hess or disease, or deat}t of any person other than cluded in an Application for Payment under Subpara- the Contractor's employees; graph 9.3.2. .4 claims for damages insured by usual personal in- 11.3.2 The Owner shall purchase and maintain such jury li coverage which are offense directly dir ecttll y by - boiler and machinery insurance as may be required by any e as result the Contract Documents or by law. This insurance shall indirecctly tly related t to the of emppll oyment of such per- include the interests of the Owner, the Construction Man- son by the Contractor, or (2) by any other person; .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 or liability propnate agreement, written where legally required for specified in the Contract Documents or required by law. validity. shall require each Subcontractor to make pa-- 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 or all policies with shall include contractual liability insurance applicable to the Contractor before an exposure to loss may occur. the Contractor's obligations under Paragraph 4.18. 11.3.5 It the Contractor requests in writing that insur- sh shll alt Cer be submitted to the Construction tanager for trans- the Owner ance for risks other than those described in Subpara- mittal 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 Change shall be charged to the Contractor by appropriate the Owner. AIA DOCUMENT A201,CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIAS • tJ 1980 • THE A201 /CM —1980 18 AMERICAN INSTITUTE OF ARCHITECTS. 1'1S NEW YORK AVE . N w 100.>r • 1VASHINGTON D C WARNING Unlicensed photocopying violates U.S. copyright taws and Is subject to legal prosecution. l) 10/10/94 GENERAL CONDITIONS 00750 - 18 Judge Miller's Courtroom Jackson Square 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 En 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. non Manager, separate contractors, Subcontractors and 12.1.2 The Owner, without Invalidating the Contract, Sub - subcontractors by approp -!ate agreements, written mat 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 to 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 ont. more accordance with such agreement as the parties in interest of the following ways: may reach, or in accordance with an award by arbitration In which case the procedure shall be as provided in Para- .1 by mutual acceptance of a lump sum properly graph 7.9. If after such loss no other special agreement itemized and supported by sufficient substantiating is made, replacement of damaged Work shall be covered data to permit evaluation: by an appropriate Change Order. .2 by unit prices stated in the Contract Documents or 11.3.8 The Owner. as trustee shall have power to adjust subsequently agreed upon; and settle any loss with the Insurers unless one of the .3 by cost to be determined in a manner agreed upon . parties in interest shall object, n writing within five days by the parties and a mutually acceptable fixed or after the occurrence of loss. to the Owner's exercise of percentage fee; or 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 C 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 tribution. Architect, after consultation with the Construction Man - 11.3.9 If the Owner finds it necessary to occupy or use ager, on the basis of the reasonable expenditures and a portion or portions of the Work prior to Substantial savings of those performing the Work attributable to the Completion thereof, such occupancy shall not commence change, including, in the case of an increase in the Con - prior to a time mutually agreed to by the Owner and the tract Sum. a reasonable allowance for overhead and Contractor and to which the insurance company or com- profit. In such case, and also under Clauses 12.1.3.3 and panies providing the property insurance have consented 12.1.3.4 above, the Contractor shall keep and present, in by endorsement to the policy or policies. This insurance such Corm as the Owner, the Architect or the Construc- shall not be canceled or lapsed on account of such partial non Manager may prescribe. an itemized accounting to- occupancy. Consent of the Contractor and of the insur- gether ■\Ith 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 with''eld. 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. lion Insurance; bond premiums; rental value of equip - however caused. The Owner waives all rights of action ment and machinery; and the additional costs of super - against the Contractor for loss of use of the Owner's vision and Held 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. MA DOCUMENT A201/CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • TUNE 1980 EDITION • AIA • © 1980 • THE 19 A201/CM — 1980 AMERICAN INSTITL TE OF ARCHIILCTS 1 NEs\ SORK AVE . N t\ . WASHINGTON. D C 2000, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 19 Judge Miller's Courtroom Jackson Square The amount of credit to be allowed by the Contractor to Contract Sum or extension of the Contract Time_and not the Owner for any deletion or change which results in a inconsistent with the intent of the Contract Documents. net decrease in the Contract Sum will be the amount of Such changes shall be effected by written order issued the actual net cost as confirmed by the Architect after through the Construction Manager, and shall be binding consultation with the Construction Manager. When both on the Owner and the Contractor. The Contractor shall additions and credits covering related Work or substitu- carry out such written orders promptly. tions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the ARTICLE 13 net increase, if any, with respect to that change. UNCOVERING AND CORRECTION OF WORK 12.1.5 If unit prices are stated in the Contract Docu UNCOVERING OF WORK ments or subsequently agreed upon, and if the quantities 13.1 originally contemplated are so changed in a proposed 13.1.1 If any portion of the Work should be covered Change Order that application of the agreed unit prices contrary to the request of the Architect or the Construc- to the quantities of Work proposed will cause substantial tion Manager. or to requirements specifically expressed in inequity to the Owner or the Contractor, the applicable the Contract Documents, it must, if required in writing by unit prices shall be equitably adjusted. either, be uncovered for their observation and shall be replaced at the Contractor's expense. 12.2 CONCEALED CONDITIONS 13.1.2 If any other portion of the Work has been cov- 12.2.1 Should concealed conditions encountered in the ered which the Architect or the Construction Manager performance of the Work below the surface of the ground has not specifically requested to observe prior to its being or should concealed or unknown conditions in an existing covered, either may request to see such Work and it shall structure be at variance with the conditions indicated by be uncovered by the Contractor. If such Work be found the Contract Documents, or should unknown physical in accordance with the Contract Documents, the cost of conditions below the surface of the ground or should uncovering and replacement shall, by appropriate Change concealed or unknown conditions in an existing strut- Order, be charged to the Owner. If such Work be found 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. ersy 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 \\ritten in- from the Owner to do so unless the Owner has previ- terpretation pursuant to Subparagraph 2.3.11. any or- ously green the Contractor a written acceptance of such der by the Owner to stop the Work pursuant to Para- condition. This obligation shall survive both final payment graph 3.3 where the Contractor was not at fault, or any for the Work or designated portion thereof and termina- such order by the Construction Manager as the Owner's tion of the Contract. The Owner shall give such notice agent, (3) any written order for a minor change in the promptly after discovery of the condition. Work issued pursuant to Paragraph 12.4. or (4) failure of 13.2.3 The Contractor shall remove from the site all payment by the Owner pursuant to Paragraph 9.7. the Contractor shall make such claim as provided in Sub- portions of the Work which are defective or nonconform- 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, A1A DOCUMENT A2011CM • CENERAL CONDITIONS OF THE CONTRACT FOR CO\STRUCT CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIAe • S ^ 1980 • THE AMERICAN INSTITt1TE OF ARCHITECTS 1'3; NEW YORK AVE N. \V WASHINGTON, D.0 2'00 A201 /CM — 1980 20 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. lit 10/10/94 GENERAL CONDITIONS 00750 - 20 Judge Miller's Courtroom • Jackson Square 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 - rr rection of such defective or nonconforming Work within tractor or a Subcontractor or their agents or employees or a reasonable time fixed by written notice from the Archi- any other persons performing any of the Work under a tect issued through the Construction Manager, the Owner contract with the Contractor, or if the Work should be may remove it and may store the materials or equipment stopped for a period of thirty days by the Contractor be- at the expense of the Contractor. If the Contractor does cause of the Construction Manager's failure to recom- not pay the cost of such removal and storage within ten mend or the Architect's failure to issue a Project Certifi- days thereafter, the Owner may, upon ten additional cate for Payment as provided in Paragraph 9.7 or because days' written notice, sell such Work at auction or at prj- 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 tect's and the Construction Manager's additional services recover from the Owner payment for all Work executed made necessary thereby. If such proceeds of sale do not and for any proven loss sustained upon any materials, cover all costs which the Contractor should have borne, equipment, tools, construction equipment and machinery, the difference shall be charged to the Contractor and an Including reasonable profit and damages. appropriate Change Order shall be issued. If the payments 14.2 TERMINATION BY THE OWNER then or thereafter due the Contractor are not sufficient to 14.2.1 If the Contractor is adjudged a bankrupt, or cover such amount, the Contractor shall pay the differ- ence to the Owner. makes a general assignment for the benefit of creditors, 13.2.6 The Contractor shall bear the cost of makin or if a receiver is appointed on account of the Contrac- good all work of the Owner or separate contractors de- tor's insolvency, or if the Contractor per `sten which h ex or re stroyed or damaged by such correction or removal. peatedly refuses or fails, except in cases f, sion of f time is provided, to supply enough properopenly ly 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 non, 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 •even da■, 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 , Lion with diligence and promptness. the Owner, upon and has no relationship to the time within which the certification by the Architect after consultation with the Contractor's obligation to comply with the Contract Doc- Construction Manager that sufficient cause exists to justify uments may be sought to be enforced, nor to the t , , uch action, maw, 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 W ork. possession of the site and of all materials, equipment, 13.3 ACCEPTANCE OF DEFECTIVE OR tools, construction equipment and machinery thereon NONCONFORMING WORK owned by the Contractor and may finish the Work by 13.3.1 If the Owner prefers to accept defective or non- whatever methods the Owner may deem expedient. In conforming Work, the Owner may do so instead of requir• • uch case the Contractor shall not be entitled to receive ing its removal and correction. in which case a Change nv further payment until the Work is finished. Order will be issued to reflect a reduction in the Contract 14.2.2 It the unpaid balance of the Contract Sum ex- Sum where appropriate and equitable. Such adjustment ceeds the costs of finishing the Work, Including compen- shall be effected whether or not final payment has been cation for the Architect's and the Construction Manager's made. additional ser\.ces made necessa■ thereby. such excess 'hall he o :yd to :he Contractor if such costs exceed the ARTICLE 14 unpaid h,ance the Contractor shall pay the difference TERMINATION OF THE CONTRACT to the Omer The amount to be paid to the Contractor t. or to the Owner as the case may be. shall be certified by 14.1 TERMINATION BYTHECONTRACTOR the Architect. upon application. in the manner provided 14.1.1 If the Work is stopped for a period of thirty days in Paragraph 9.4. and this obligation for payment shall under an order of any court or other public authority , .ur ive the termination of the Contract. • AIA DOCUMFIT A201/CM • GENERAL COND'TIONS OF THE CONTRACT FOR CONSTRICTION CONSTRL'CT;ON ■tANAGE■tENT iDITION • IL NE 1980 ED :T:ON • AIAS • Tc, 1980 • THE 21 A201 /CM — 1980 .■IERIcAN INS- 'L'E OE ARC, '• C —: \E , 1C`RK A \E N ■y v. A< ^iNGTON D C. 2000b WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 21 Judge Miller's Courtroom Jackson Square i p I { t [ q f g g € � g k • 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 ap expressly noted in the Scope of Work or the General Requirements of the Contract." 2. Subparagraph 1.2.1 - delete in its entirety. 3. Add new subparagraph 1.2.5 as follows: "Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work." 4. Add new subparagraph 1.3.2 as follows: "Unless otherwise provided in the Contract Documents, the Trade Contractor will be furnished, free of charge, all copies of Drawings and Specifications reasonably necessary for the execution of the Work." ARTICLE 2 1. Subparagraph 2.2.1 - after the word "representative ", add: "The term Construction Manager means the Construction Manager acting through his authorized representative." 2. Subparagraph 2.3.4 - first sentence after the word "Architect," add "along with the Construction Manager." 3. Subparagraph 2.3.7 - after the word "properly," add: "It is the intent of the Contract Documents to allow the Construction Manager to schedule the performance of all Work 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 1 Judge Miller's Courtroom Jackson Square and the contractors are expected to follow all such schedule direction. Should a contractor, either in person or through his subcontractor, supplier, or vendor, fail to maintain progress according to the Project Schedule and approved Contractor's Schedule, or cause delay to another Contractor: he shall furnish additional labor and /or services such as overtime as may be necessary to bring his operations up to schedule, all at no additional cost to the Owner." 4. Subparagraph 2.3.15 - delete in its entirety. 5. Subparagraph 2.3.18 - delete the word "reasonable" in the sixth (6th) line. After the word "promptness ", add "consistent with the constraints of the project schedule so as to cause no delay." 6. Subparagraph 2.3.21 - first line - delete the words "the Construction Manager will assist the Architect ", and substitute, "The Architect will assist the Construction Manager." • 7. Subparagraph 2.3.23 - delete the phrase "against whom the Contractor makes no reasonable objection and." Also, delete the last sentence in the subparagraph'in its entirety. ARTICLE 3 1. Subparagraph 3.2.1 - delete in its entirety. 2. Subparagraph 3.3.1 - delete from the last sentence the phrase, "..., except to the extent required by Subparagraph 6.1.3 ". 3. Subparagraph 3.4.1 - substitute three (3) days notice in each case for the seven (7) day notices stipulated. Add at end of subparagraph the following: "In the event of clean- up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of a serious nature, as determined by the CM, notice will given, and contractor is required to rectify deficiency immediately." ARTICLE 4 1. Subparagraph 4.1.1 - delete in its entirety and insert the following: "The Contractor is the same person or entity identified as the Trade Contractor. A Trade Contractor is the person or entity identified as such in the Agreement between the Owner or Construction Manager and a Trade Contractor. The term Trade Contractor includes one who furnishes material worked to a special design but does not include one who furnishes 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 2 Judge Miller's Courtroom Jackson Square material not so worked and is referred to throughout the �r Contract Documents as if singular in number and masculine in gender. The term Trade Contractor means the Trade Contractor or his authorized representative." 2. Add new subparagraph 4.4.3 as follows: "The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will 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." 3. Add new subparagraph 4.4.4 as follows: "The Trade Contractor shall be.totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment." 4. Add new subparagraph 4.4.5 as follows: "The Trade Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Trade Contractor agrees to cooperate with the Construction Manager, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected." 5. Subparagraph 4.7.1 - delete in its entirety and replace with: "The Contractor shall secure and pay for all permits, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Owner will not assess any County permit or County impact fees. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc. from the City of Key West Building Department." 6. Subparagraph 4.8 - delete in its entirety. 7. Subparagraph 4.9.1 - add the following sentence: "The superintendent shall be satisfactory to the Construction Manager and shall not be changed except with 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 3 Judge Miller's Courtroom Jackson Square the consent of the Construction Manager, unless the superintendent proves to be unsatisfactory to the Trade Contractor or ceases to be in his employ." 8. Subparagraph 4.10.1 - add the following sentence: "This schedule, to be submitted within three (3) days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to the Construction Manager's approval." 9. 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 prok-'ems." 10. Add new subparagraph 4.12.9: "If materials specified in the Contract Documents are not available on the present market, the Trade Contractor may submit data on substitute materials through the Construction Manager to the Architect /Engineer for approval by the Owner." 11. Subparagraph 4.14.1 - add at line 3 after "properly ": "He shall also provide protection of existing work as required." 12. Subparagraph 4.14.2 - at end of paragraph, add: "When structural members are involved, the written consent of the Architect /Engineer shall also be required. The Trade Contractor shall not unreasonably withhold from the Construction Manager or any separate contractor his consent to cutting or otherwise altering the Work." 13. Add new subparagraph 4.14.3: "The Trade Contractor shall arrange for any blockouts, cutouts, or opening required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Trade Contractor shall be further responsible for sealing and /or finishing, in an acceptable fashion and meeting any applicable code requirements, any such block -out, cutout opening, or other hole in any fire -rated floor, ceiling, wall, security wall, or any other finished surface ". 14. Subparagraph 4.15.1 - at end of paragraph, add: "Clean up shall be performed to the satisfaction of the Owner or Construction Manager." 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 4 Judge Miller's Courtroom Jackson Square Av 15. Add new subparagraph 4.16.2: "The Trade Contractor shall promptly return telephone calls or respond to any other form of communication initiated by the Construction Manager. Failure to promptly do so shall be considered a lack of performance on the part of the Trade Contractor, and may be considered grounds for replacement of site personnel." 16. 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 Trade Contractor. The correspondence shall be directed to: Mr. Patrick Jennings Morrison- Knudsen /Gerrits 5090 College Road Key West, Florida 33040 or hand delivered to Morrison - Knudsen /Gerrits' office. Serialization procedures will be provided to the Trade Contractor in the pre- construction meeting." Each trade contractor shall be required to check his designated mailbox regularly. This mailbox will be made available, and located by the Construction Manager. 17. Subparagraph 4.18 - delete in its entirety and insert "Indemnification and Hold Harmless" and the following: "The Contractor covenants and agrees to indemnify and hold harmless Monroe County, Monroe County Board of County Commissioners, and Morrison - Knudsen /Gerrits from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County and Morrison - Knudsen /Gerrits) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with,.or by reason of services provided by the Contractor or any of its subcontractors in any tier, occasioned by the negligence or other wrongful act or omission of the Contractor or its subcontractors in any _tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement." 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 5 Judge Miller's Courtroom Jackson Square ARTICLE 5 1. Subparagraph 5.2.3 - delete in its entirety and insert the following: "If the Owner or Construction Manager refuses to accept any person or entity on a list submitted by the Trade Contractor in response to the requirements of the Contract Documents, the Trade Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution." ARTICLE 6 1. Subparagraph 6.1.1 - delete the last sentence. 2. Subparagraph 6.1.3 - c' lete in its entirety, and insert the following: "It shall be the responsibility of each contractor to coordinate his work with the work of other contractors on the site. The Owner and Construction Manager shall be held harmless of any and all costs associated with improper coordination." 3. Subparagraph 6.2.5 - sixth line, after the word "initiates," delete the words "an arbitration proceeding" and substitute "a claim;" tenth line, delete the words "at the Owner's expense, and "; thirteenth line, after the words "and court or," delete the word "arbitration" and substitute "claim." 4. Add new subparagraph 6.2.6: "Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify the Construction Manager in writing, of his contention: Setting forth (A) The cause for the delay, (B) A description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to the Construction Manager with (72) hours after the delay has ceased to_ exist. It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Construction Manager for an increase in the contract price, 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 6 Judge Miller's Courtroom Jackson Square nor a claim against the Owner or Construction Manger for a payment or allowance of any kind for damage, loss or expense resulting from delays: Nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time." ARTICLE 7 1. Subparagraph 7.1.1 - delete in its entirety and insert the following: "The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida." 2. Subparagraph 7.2.1 - delete in its entirety and insert the following: "The Owner or Construction Manager (as the case may be) and • the Trade Contractor each binds himself, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other." 3. Add new Subparagraph 7.2.2: "The Trade Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Construction Manager." 4. Subparagraph 7.8.1 - delete in its entirety. 5. Paragraph 7.9 'Arbitration' and all associated subparagraphs 7.9.1, 7.9.2, & 7.9.3 - delete in their entirety. ARTICLE 8 1. Subparagraph 8.3.1 - delete in its entirety and insert the following: "If the Trade Contractor is delayed, at any time, in the progress of the Work, by any act or neglect of the Owner, Construction Manager, or the Architect /Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Trade Contractor's control, or by delay authorized by the Owner, Construction Manager, or by any other cause which the Construction Manager determines may justify the delay, then the Contract Time shall be extended 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 7 Judge Miller's Courtroom Jackson Square by no cost Change Order for such reasonable time as the Construction Manager may determine, in accordance with subparagraph 6.2.6." 2. Subparagraph 8.3.2 - replace the remainder of the Paragraph after the word "waived" in line 4 with the following: "Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Trade Contractor shall report the termination of the cause for the delay within twenty (20) days after such termination; otherwise, any claim for extension of time based upon that cause shall be waived." 3. Subparagraph 8.3.4 - delete in its entirety and insert the following: "It shall be recognized by the Trade Contractor that he may reasonably anticipate that as the job progresses, the Construction Manager will be making changes in, and updating Construction Schedules. No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules which are of the type ordinarily experienced in projects of similar size and complexity." 4. Add new subparagraph 8.3.5: "If the Project is delayed as a result of the Trade Contractor's refusal or failure to begin the Work on the date of commencement as defined in paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Trade Contractor causing the delay shall be liable, but not limited to, delay claims from other Trade Contractors which are affected." ARTICLE 9 1. Subparagraph 9.3.3 - add at line 14 after the word "person ": "All Trade Subcontractors and Trade Sub - subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Trade Contractor." 2. Subparagraph 9.5.1 - add: "From the total of the amount determined to be payable on a progress payment, 10 percent of such total amount will be deducted and retained by the Owner until final payment is made. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. When not less than 95 percent of the work has been completed, the Owner may, at his /her discretion (and with the consent of the surety), prepare an estimate from which will be retained an amount not less than twice the contract value or ) 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 8 Judge Miller's Courtroom Jackson Square IL , estimated cost, (whichever is greater), of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by the Construction Manager to be a part of the final quantity for the item of work in question. No progress payment shall bind the Owner to the acceptance of any materials or work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 3. Add new subparagraph 9.5.6: "All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Trade Contractor from the sole responsibility for the materials and work upon which payments have been made or the restoration for any damaged material, or as a waiver to the right of the Owner or Construction Manager to require the fulfillment of all the terms of the Contract." 4. Add new subparagraph 9.5.7: "Except in case of bona fide disputes, or where the Trade Contractor has some other justifiable reason for delay, the Trade Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Trade Contractor shall pay, to each of his Trade Subcontractors, not later than the end of the calendar month in which each payment is made to the Trade Contractor, the representative amount allowed the Trade Contractor on account of the work performed by his Trade Subcontractor interest therein. The Trade Contractor shall, by an appropriate agreement with each Trade Subcontractor, also require each Trade Subcontractor to make payments to his suppliers and Trade Sub - subcontractors in a similar manner." 5. Subparagraph 9.6.1 - delete in its entirety and insert the following: "The Construction Manager /Architect may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Trade IL , Contractor and Construction Manager cannot agree on a 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 9 Judge Miller's Courtroom Jackson Square revised amount, the Construction Manager shall process the Application for the amount he deems appropriate. The Construction Manager may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, he may nullify, in whole or part, any approval previously made to such extent as may be necessary in his opinion because of: (1) defective work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Trade contractor to make payments properly to Trade Subcontractors or for labor, 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 Lime; (7) persistent failure to carry out the Work in accordance with the Contract Documents. 9.6.1.1 No payment shall be made to the Trade Contractor until certificates of insurance or other evidence of compliance by the Trade Contractor, within all the requirements of Article 11, have been filed with the Owner and • Construction Manager. Further, no payments on the basis of work performed by a Trade Subcontractor shall be paid until copies of all bonds required by Paragraph 7.5 and any certificates of insurance required of the Trade Subcontractors under Article 11 have been filed with the Owner." 6. Paragraph 9.7 - delete in its entirety. ARTICLE 10 1. Paragraph 10.2.5 - second sentence - 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 governed by this contract (including the pre- staging of personnel and material), the Contractor shall obtain, at their own expense, insurance as specified in the attached schedules, which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 10 Judge Miller's Courtroom Jackson Square The Contractor will not be permitted to commence work governed by the Agreement (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall provide, to the County in care of the Construction Manager, as satisfactory evidence of the required insurance, either: o Certificate of Insurance or o A certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, it's employees and officials, and Morrison Knudsen /Gerrits will be included as "Additional Insured" on all policies, except for Worker's Compensation. 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 11 Judge Miller's Courtroom Jackson Square In addition, the County will be named as an additional lk insured and loss payee on all policies covering County -owned . property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 12 Judge Miller's Courtroom Jackson Square H.4 22. 1911 I GENERAL LIABILITY l' As a minimum, the required general liability coverages will include: • Premises Operations • Products and Completed Operations • Blanket Contractual • Personal Injury • Expanded Definition of Property Damage Required Limits: GLI $ 100,000 per Person; $300,000 per Occurrence S50,000 Property Damage or $300,000 Combined Single Limit GL2 $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or • $500,000 Combined Single Limit GL3 $500,000 per Person; SI,000,000 per Occurrence $ 100,000 Properly Damage o r S 1,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability All endorsements are required to have the same limits as the basic policy . • L ndmthe.atise hcaructn• INSCKLST N-1709 01 7 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 — 13 Judge Miller's Courtroom Jackson Square April IU1W) IA Rirtr VEHICLE LIABILITY ' = As a minimum, coverage should extend to liability for • Owned; Nonowned; and Hired Vehicles Required Limits: VLI $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or �( $ 100,000 Combined Single Limit VL2 /� $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combincd Single Limit • VL3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $ 1,000,000 Combined Single Limit MISCELLANEOUS COVERAGES ( 13R1 Builders Limits equal to the Risk completed project. MVC Motor Truck Limits equal to the maximum Cargo value of any one shipment. PRO] Professional S 250,000 per Occurrence/S 500,000 Agg. PR02 Liability S 500,000 per Occurrence/$1,000,000 Agg. PRO3 $1,000,000 per Occurrence/$2,000,000 Agg. POLL Pollution $ 500,000 per Occurrence/$1,000,000 Agg. POL2 Liability $1,000,000 per Occurrencei$2,000,000 Agg. POL3 $5,000,000 per Occurrencel$10,000,000 Agg. ED 1 _ Employee $ 10,000 IiD2 Dishonesty $100,000 GK1 Garage S 300,000 (S 25,000 per Veit) GK2 Keepers S 500,000 (5100,000 per Veh) GK3 51,000,000 ($250,000 per Veh) M ED I Medical S 500,000 /$ 1,000,000 Agg. • MED2 Professional $1,000,000 /$ 3,000,000 Agg. MF.D3 $5,000,000 /SI0,000,000 Agg. Adminidnlieelndructios INSCKLSI' 114709. 1 8 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 — 14 Judge Miller's Courtroom Jackson Square Aril ]2 19V.) t� Rirri.g IF Installation Maximum value of Equipment C ie Floater Installed VLPI Hazardous S 300,000 (Requires MCS -90) VLP2 Cargo S 500,000 (Requires MCS -90) VLP3 Transporter S1,000,000 (Requires MCS -90) BLL Bailee Liab. Maximum Value of Property IIKLI Hangarkecpers S 300,000 • IIKL2 Liability S 500,000 IHKL3 S 1,000,000 AIR I Aircraft 525,000,000 AIR2 Liability S 1,000,000 Al R3 S 1,000,000 AE01 Architects Errors S 250,000 per Occurrencel$ 500,000 Agg. AE02 & Omissions S 500,000 per Occurrence/$1,000,000 Agg. AE03 S 1,000,000 per Occurrence/53,000,000 Agg, INSURANCE AGENT'S STATEMENT 1 have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are _ Occurrence Claims Made Insurance Agency Signature BIDDERS STATEMENT 1 understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements Bidder Signature Administrative Imarudioo I NSCKLSr 04709.01 i 9 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 — 15 Judge Miller's Courtroom Jackson Square MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages neat kcd with an "X' Hill be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY X _ Workers' Compensation Statutory Limits WC 1 Employers Liability S100,0004500,0003 I 00,000 WC2 X Employers Liability $500,000/$500,000/S500,000 WC3 Employers Liability $1 ,000,000 /$1,000,000/$1,000,000 WCUSLH US Longshoremen & Same as Employers' Harbor Workers Act Liability WCJA Federal Jones Act Same as Employers' Liability C • AdminiarntiYe Ina/mix-4 INSCK LST tre7u9 of 6 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 — 16 Judge Miller's Courtroom Jackson Square 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. DATE ON , 19 (NAME OF PRINCIPAL) BY (AS ATTORNEY IN FACT) (NAME OF SURETY) IL, SUPPLEMENTARY GENERAL CONDITIONS 00800 - 17 r Judge Miller's Courtroom Jackson Square 11.1.8 Throughout the term of the contract, the Owner shall purchase and maintain property insurance on the completed value of the permanent facility only. The completed value is defined as all material, labor, supplies, and equipment intended to be incorporated in and to become a permanent part of the completed facility. Such insurance shall include perils of fire, lightning, and extended perils. The facility as defined for this paragraph includes structures as defined in the contract drawings and specifications. Notwithstanding any provisions contained in this paragraph, the Contractor shall be responsible for the first $10,000 on any loss governed by this section. The Contractor understands that the Owner's property insurance policy contains certain exclusions which are available upon request from the Construction Manager. 11.1.9 Public Con truction Bond The Owner shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner in this section as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. ARTICLE 12 1. Subparagraph 12.1.2 - Add to end of paragraph, "The Construction Manager will prepare each Change Order in the format of the 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 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 18 Judge Miller's Courtroom Jackson Square the work is performed to verify the items and hours listed. �r Extended pricing of these forms shall be submitted to the Construction Manager with all supporting documentation required by the Construction Manager for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; workers' or workmen's compensation insurance; and the rental value of equipment and machinery. Mark -ups for overhead and profit will be in accordance with subparagraph 12.1.6. Pending final determination of cost, payments on account shall be made as determined by the Construction Manager. The amount of credit to be allowed by the Trade Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in 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 Workman's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered, the credit shall be the net cost. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home /field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: • 12.1.6.1 If the Trade Contractor performs the actual Work, the percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15 %). 12.1.6.2 If the Trade Subcontractor performs the actual Work, the percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15 %). If the Trade Contractor does not enter into the Work, the maximum mark up for managing this work will be ten percent (10 %). 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 19 Judge Miller's Courtroom Jackson Square 12.1.6.3 If the Trade Subcontractor performs part of the actual work, his percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15 %) on his direct work only. If the Trade Contractor performs part of the actual work, his percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15 %) on his direct work only. 5. Add new subparagraph 12.1.7: "The Trade Contractor shall furnish to the Owner through the 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 Construe. on Manager at no additional cost to the Owner." 6. Subparagraph 12.3.1 - delete in its entirety and insert the following: "If the Trade Contractor claims that any instructions given to him by the Construction Manager, by drawings or otherwise, involve extra work not covered by the Contract, he shall give the Construction Manager written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Trade Contractor shall proceed in accordance with Paragraph 10.3. The written notice to the Construction Manager for the extra work shall include a complete description of the extra work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark -ups shall be limited as specified elsewhere in this Article. Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this Subparagraph is given by the Trade Contractor." 7. Subparagraph 12.3.2 - change the word 'agent' in the 7th line, to 'representative', 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." 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 20 Judge Miller's Courtroom Jackson Square 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 8th line, delete the phrase, "..., or if the Work should be stopped for a period of thirty days by the CONTRACTOR because of the CONSTRUCTION MANAGER'S failure to recommend or the ARCHITECT'S failure to issue a Project Certificate for Payment as provided in Paragraph 9.7 or because the OWNER has not made payment thereon as provided in Paragraph 9.7 ". 2. Subparagraph 14.1.1 - add to the last sentence: "excluding home office overhead." 3. Subparagraph 14.2.1 - change the words 'seven days' in the 13th and 18th line, to '72 hours'. * * * ** *END OF SECTION 00800 * * * * ** 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 21 Judge Miller's Courtroom Jackson Square c i i t f CONTRACTOR'S OWNER Q AFFIDAVIT OF SURETY O TRACTOR Q PAYMENT OF OTHER ,,, DEBTS AND CLAIMS A!A Document G706 TO (Owner) ARCHITECT'S PROJECT NO: E — 1 CONTRACT FOR: L J CONTRACT DATE: PROJECT: (name, address) State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AIA Document A201, hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none, write "None ". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: 1. Consent of Surety to Final Payment. Whenever Surety is involved, Consent of Surety is required. AIA DOCUMENT C707, CONSENT OF SURETY, Address: may be used for this purpose. Indicate attachment: (yes ) (no 1. The following supporting documents should be at- tached hereto if required by the Owner: BY: 1. Contractor's Release or Waiver of Liens, condi- tional upon receipt of final p a y ment. Subscribed and sworn to before me this 2. Separate Releases or Waivers of Liens from Sub- day of 19 contractors and material and equipment sup- pliers, to the extent required by the Owner, ac- companied by a list thereof. Notary Public: 3. Contractor's Affidavit of Release of Liens (AIA . . DOCUMENT G706A). My Commission Expires: AIA DOCUMENT 6706 • CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS • APRIL 1970 EDITION ONE PAGE AIA! • T 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., NW. WASHINGTON, O.C. 20006 10/10/94 AFFIDAVIT OF PAYMENT OF DEBTS & CLAIMS 00900 -1 Judge Miller's Courtroom Jackson Square g p r tt 1 � { 0 CONTRACTOR'S OWNER 0 AFFIDAVIT OF '' CONTRACTOR ❑ SURETY c ❑ RELEASE OF LIENS OTHER AIA DOCUMENT G706A TO (Owner) ARCHITECT'S PROJECT NO: 1 - 1 CONTRACT FOR: L J CONTRACT DATE: PROJECT: (name, address) State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AIA Document A201, hereby certifies that to the best of his knowledge, information and belief, except. as listed below. the Releases or Waivers of lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equip- ment, and all performers of Work, labor or services who have or may have liens against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: (If none, write "None ". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) • c SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: 1. Contractor's Release or Waiver of Liens, condi- tional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Sub- Address: contractors and material and equipment sup- pliers, to the extent required by the Owner, ac- companied by a list thereof. BY Subscribed and sworn to before me this day of 19 Notary Public: My Commission Expires: r AIA DOCUMENT G70MA • CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS • APRIL 1970 EDITION • AIA® ONE PAGE D 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 10 /10/94 AFFIDAVIT OF RELEASE OF LIENS 00905 - 1 Judge Miller's Courtroom Jackson Square i c I I I i 1 3 1 S y � 3 I i S 4 g f j b 1 i } f g t C CONSENT OF OWNER ❑ ARCHITECT ❑ SURETY COMPANY S O TRACTOR 0 TO FINAL PAYMENT OTHER AIA DOCUMENT G707 PROJECT: (name, address) TO (Owner) 7 ARCHITECT'S PROJECT NO: CONTRACT FOR: I CONTRACT DATE: CONTRACTOR: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the there insert name and address of Surety Company) • , SURETY COMPANY, on bond of there insert name and address of Contractor) , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of • 19 Surety Company Signature of Authorized Representative Attest: (Seal) : Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR 5 AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Eddion AIA DOCUMENT 6707 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 19 - 0 EDITION • AIAS ONE PAGE m 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON. D.C. 20006 10/10/94 CONSENT OF SURETY TO FINAL PAYMENT 00910 - 1 Judge Miller's Courtroom Jackson Square } c FF 4 t 1 F � F f i k { t c j[§ SECTION 01027 APPLICATION FOIE PAYMENT 1. SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 2. FORMAT The Application and Certificate for Payment including the Continuation Sheet is the required format for submitting invoices. A copy of these forms are included in this section. The Owner reserves the right to modify the format to better suit his internal accounting system. 3. PREPARATION OF APPLICATIONS The contractor is required to comply with the following procedure: 1. Progress payment period ending date is the 25th day of each month. 2. The Work Item Update listing (blank) will be i distributed to the Contractor for completion prior to the 15th day of the month. rr 3. Ten (10) calendar days prior to the 25th (i.e., 15th of the month), work item updates are to be submitted by the Contractor to the CM for work through the period ending date (25th). 4. On or about the 15th or 16th day of the month, the CM will review the copies of the work item update with the field staff and /or the Contractor. 5. From about the 17th to the 20th day of the month, the CM will meet at the jobsite with the A/E to review the recommended work item update listings for A/E approval. 6. From the 21st to the 24th day of the month, the CM will provide the Contractor the reviewed and approved work item update and an application for payment. 7. The Contractor will execute certification by notarized signature of an authorized officer and attach to the Application for Payment, a completed and properly executed Affidavit and Partial Release of Lien form also contained in this section prior to the 25th day of each month. 8. On or about the 25th day of each month, the A/E will certify the applications for payment at the monthly jobsite project coordination meeting and the CM will submit them to the Owner for 10/10/94 APPLICATION FOR PAYMENT 01027 - 1 Judge Miller's Courtroom Jackson Square • processing or provide notification as stipulated in the General Conditions for withholding. 4. SUBMITTAL PROCEDURES A. The initial Application for Payment will not be processed until the Contractor's construction schedule, the schedule of values, and the initial submittal schedule have been received, reviewed and approved by the Owner's Representative. B. Submit an updated construction and submittal schedule with each Application for Payment. C. Payment Period: Submit once per month. Payment will be made by the Owner within a reasonable time thereafter. 5. SUBSTANTIATING DATA A. When the Owner's Representative requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Indicate Application number and m date, and line item by nu er and description. 10/10/94 APPLICATION FOR PAYMENT 01027 - 2 Judge Miller's Courtroom Jackson Square el c < L c _- • M 1 L C ea O L j � Y 1 v • C g we L u. L. 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C < U 0 l a g V U L 4 ac 3 U 0 ° V O C[ H ° W 4 4 •- « • d N L H Y C° ° U V.0 ✓ 0 V M d 3 C4 Z 0/ C t. 4, V ✓ ✓ ✓ N C pp11 L >• � • •- C « 0 C • U V us N L • � O C H MI C L ... ✓ L .ti Y > sa r• •• J 3 r V✓ U U L • < - ✓ L V O C V Da U < O 5 = < C E V u 9 ►- 4 •- u 3 U N 3 0 W K W U 3 L L a V L. Q C ✓ 4 . ›. W 3 43 I 0 E 0. ✓ = O V L L L M C a. d u O 3 0 • c Y � � >. 5 < Q. «. a . C a 3- o J 10/10/94 APPLICATION FOR PAYMENT 01027 - 4 Judge Miller's Courtroom Jackson Square o °o $ °o $ 0 00 0 0 - c 00000 0 0 0 e l A i - a • m pp pp pp p • 8 • O O . 0 0 0 S • O 0000000 O C O C O o L K 0 0 0 0 0 0 0 x 0000000 • O O O O O O O O 8 0000000 0 • a H g' O O O O O O O O c o 0 0 0 0 0 0 0 • 7 O O O 0 O 0 O L. W O o > O Y ✓ a • L o .. . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r K 0 0 0 0 0 0 0 < u r N O O S O O O O O t M Co O O O O O O 0 F. Y Y L u K r 2 °0 0 o Qu 8 o °0 0 0 0 0 E • • 0 • 0 • 0 • 0 • 0 • 0 0 o• i a L < u 0 0 0 0 0 0 0 O • w 0 0 0 0 0 0 0 0 C Y G v m O • W L 5 . 0 _c W `d a a a Y O W J J J... J 0 W 0 I- M K W IA UJ Y o K r r 2 S L m i0 W < J K 0 to L N N N! u r 8 a m ..r M • O 0 0 0 0 0 0 0 .• 0 0 N u O IS • Y • • M M 112) >. O O O a O O OL p p L • 0 0 0 0 0 0 0 a u u a a -. 10/10/94 APPLICATION FOR PAYMENT 01027 - 5 Judge Miller's Courtroom Jackson Square MONROE COUNTY c/o MORRISON - KNUDSEN /GERRITS AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NUMBER: PERIOD ENDING DATE: APPLICATION DATE: KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum $ , to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or services for the improvement of the following described property: Renovation of Judge Miller's Courtroom, Jackson Square As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following: THAT the contract of t' undersigned, as adjusted by all increases and decreases, is in the amount of $ , as of the date of the Partial Release and the undersigned has received $ as payment on the adjusted contract amount as of the date of this Partial Release. THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the subject property have been paid in full. Any and all suppliers of labor, material or services for improvement to the subject property, who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for nonpayment: (If none, write "None ") CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been collected for F.I.C.A. and withholding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those subcontractors /suppliers amounts remaining due and owing on adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty or Maintenance Agreement. WITNESS MY HAND THIS day of , 19_ Witness Name of Company Witness Signature, Title I) 10/10/94 APPLICATION FOR PAYMENT 01027 - 6 Judge Miller's Courtroom Jackson Square SECTION 01200 PROJECT MEETINGS 1. SUMMARY A. Section includes: 1. Project meetings 2. The CONSTRUCTION MANAGER'S RESPONSIBILITY A. Construction Manager shall schedule and administer pre - construction meeting, periodic progress meetings, and specially called meetings throughout progress of the Work. 1. Prepare agenda for meetings. 2. Provide notice of each meeting 24 hours in advance of meeting date, or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. c. Furnish three copies of minutes to the Architect. B. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. The Architect and the Owner's Representative may attend meetings to ascertain that the Work is expedited consistent with the Contract Documents and construction schedules. 3. PRE - CONSTRUCTION MEETING A. Location: A central Site designated by the Construction Manager. B. Attendance: 1. The Owner's Representative. 2. The Architect and his professional consultants (as required). 3. Construction Manager. 4. The Contractor's Superintendent. 5. Major subcontractors. 10/10/94 PROJECT MEETINGS 01200 - 1 Judge Miller's Courtroom Jackson Square 6. Major suppliers. 7. Others as appropriate. C. Suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. Projected Construction Schedules. 2. Critical Work sequencing. 3. Major equipment deliveries and priorities. 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Proposal requests. c. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of the Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Office, work and storage areas. b. The Owner's requirements. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first -aid procedures. 12. Security procedures. 13. Housekeeping procedures. 14. Distribute meeting minutes within (3) days. 4 WEEKLY PROGRESS MEETINGS A. The Contractor's Project Manager and /or Superintendent shall be required to attend a weekly scheduling meeting. B. Location of the meetings: Office of the Construction Manager. C. Attendance: 1. The Architect and his professional consultants as needed. 2. Contractors as appropriate to the agenda. 3. Suppliers as appropriate to the agenda. 4. Others. D. Suggested Agenda: 1. Review of Work progress since previous meeting. 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. 10/10/94 PROJECT MEETINGS 01200 - 2 Judge Miller's Courtroom Jackson Square 7. Progress, schedule, during succeeding Work period. 8. Coordination of schedules. 9. Review submittal schedules. 10. Maintenance of quality standards. 11. Pending changes and substitutions. 12. Review proposed changes for: a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the Project. 13. Other business. 14. Distribute meeting minutes. * * * ** *END OF SECTION 01200 * * * * ** 10/10/94 PROJECT MEETINGS 01200 - 3 Judge Miller's Courtroom Jackson Square 5 SECTION 01301 SUBMITTALS 1.1 SUMMARY A. Section includes: 1. Submit to the Construction Manager, shop drawings, product data, certifications and samples for specified materials called out on the Contract Drawings and /or as determined by the Architect. 2. Prepare and submit a separate schedule listing dates for submission and dates for review. B. Related Sections: 1. Section 00750 - GENERAL CONDITIONS 2. Individual submittals required: refer to each specific section, for certifications, shop drawings, product data and sample requirements. 1.2 SUBMITTAL TRANSMITTAL FORM A. Attached, and made a part of this section 01301, is a• copy of the submittal Transmittal Form, which shall be filled out by the contractor and submitted with each and every submittal. Follow the instruction sheet, also attached, for directions on this procedure. It is essential that the submittal Transmittal Forms are filled out in their entirety for the system to function properly. B. Transmittal Form, originals for contractors use, will be supplied by the Construction Manager, and is a 6- part form. 1.3 SUBMITTAL SCHEDULE A. The Contractor shall submit within seven (7) days of award of the Contract, and prior to proceeding with the site work, a preliminary "Submittal Schedule" to the Construction Manager for review, modification and response. No payment applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information: 1. Specification Section number and name. 2. Specification Section paragraph identification which describes submittal requirement. 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). 10/10/94 SUBMITTALS 01301 - 1 Judge Miller's Courtroom Jackson Square B. The Contractor shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted and received by the Construction Manager. 2. Date contractor has scheduled to order material or equipment or the submittal item. 3. Date contractor has scheduled delivery to job -site of material or equipment or the submittal item. 4. Add any remarks or unique items that the CM or A/E should be aware of. C. The Contractor shall allow a minimum of (3) weeks for review of submittal by A/E (in calendar days). D. The submittal master record will then be used to track submittals within the process. 1.4 SHOP DRAWINGS A. Submit legible shop drawings in the form of positive printing reproducible transparencies, commonly called sepia prints, suitable for reproduction use on dry print diazo type machines. Sepia prints which cannot be reproduced will be returned to the Contractor for re- submittal. B. Provide shop drawings as complete submittals (no partial sets) on original drawings or information prepared solely by the fabricator or supplier. Deviation from complete submittals will only be allowed by pre- arranged method. C. Do not reproduce the Contract Drawings for shop drawing submittals. D. Sheet sizes shall be the same for all sheets and shall not exceed the size of the Contract Drawings. E. Each sepia print shall have blank spaces large enough to accept 4" x 4" review stamps of the Architect and the Contractor. F. Each sepia print shall carry the following information: 1. Project name and contract number. 2. Date. 3. Names of: a. The Architect b. The Construction Manager c. The Contractor d. Supplier e. Manufacturer 10/10/94 SUBMITTALS 01301 - 2 Judge Miller's Courtroom Jackson Square ` 4. Identification of product or material. �r 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly stated as such. 7. Specification Section number. 8. Applicable standards such as ASTM or Federal Specification. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and /or detain number. G. Submit sepia prints without folds either as flat sheets if size permits, or rolled in tubes. H. The contractor shall submit (1) reproducible and (5) blueline sets to the CM. The CM will forward (7) reproducible and (4) blueline sets to the A /E. The A/E will return (1) reproducible and (3) blueline sets to the CM. The CM will return (1) reproducible and (1) blueline to the contractor. After corrections are made, the requested number of sets of shop drawings issued "For Construction Use" will be distributed to the CM and other trade contractors by the Contractor prior to the start of the Work. 1.5 PRODUCT DATA A. Product data such as catalo g cuts , brochures or manufacturer's sheets may be submitted in lieu of sepia prints if adequately identified. Submit seven copies of product data to the Construction Manager. B. Modify product data sheets to delete information which is not applicable to the Project. Provide additional information if necessary to supplement standard information. C. Product data sheets that are submitted with extraneous information not deleted and /or modified will be returned without review to the Contractor for re- submittal. D. The contractor shall submit at a minimum, (1) original and (6) copies to the CM. The CM will return (2) copies to the contractor after review /return by the A/E. 1.6 'SAMPLES A. Provide samples to illustrate materials, equipment or workmanship, and to establish standards by which completed work may be judged. 10/10/94 SUBMITTALS 01301 - 3 Judge Miller's Courtroom Jackson Square B. Construct mock -ups as required by the technical sections, at the Project Site in a location designated by the Construction Manager. Construct mock -ups, including adjacent work required, to demonstrate the final appearance of the Work. C. The contractor shall submit (3) samples to the CM, and (1) will be returned to the contractor after review /return from the A /E. 1.7 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Contractor's letterhead stationary. Certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the Owner /Contractor agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents. Attach manufacturer's affidavits where applicable. C. The contractor shall submit (1) original and (6) copies to the CM. The CM will return (2) sets to the contractor after review /return from the A /E. 1.8 THE CONTRACTOR'S RESPONSIBILITIES A. Before making submittals to the Construction Manager, review each submittal, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to the Construction Manager for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to the Construction Manager. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. C. Verify field measurements and product catalog numbers or similar data. D. Clearly identify on the submittal and transmittal to the Construction Manager in writing of deviations in submittals from the requirements of the Contract Documents. 10/10/94 SUBMITTALS 01301 - 4 Judge Miller's Courtroom Jackson Square 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 ir submittals from requirements of the Contract Documents is not relieved by the Construction Manager's or the Architect's review of submittals unless the Architect gives written acceptance of specific deviations. 1.9 THE CONSTRUCTION MANAGER'S RESPONSIBILITIES A. The Construction Manager will return to the Contractor, without review, all submittals not bearing the Contractor's review stamp or not showing it has been reviewed by the Contractor. B. After the Architect's review, the Construction Manager will forward submittals to the Contractor and retain one copy for the Owner. The Contractor shall distribute copies including other copies distributed to suppliers and fabricators. The Contractor shall supply copies of reviewed submittals to the Construction Manager in sufficient quantity to allow proper coordination of the Contract. 1.10 THE ARCHITECT'S RESPONSIBILITIES A. The Architect will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with information given in the Contract Documents. B. The Architect will make changes or notations directly on the submittal, identify such review with his review stamp, obtain and record the Architect file copy and return the submittal to the Construction Manager. * * * ** *END OF SECTION 01301 * * * * ** 10/10/94 SUBMITTALS 01301 - 5 Judge Miller's Courtroom Jackson Square e. Ill WQQ t >¢O . Wa0 o W o 0 2 F- U Z Z E W < 0 2 ¢ a 0 o > 0 > = 0 m 0 CD W . o 0 • z w m x z 3 w E r U.. ( w O W 3 5 (n L z ¢ 3 • J w Q Z ¢ I— W Q Z .. ¢ mZ 0 Ill �.. z ¢ z F z Lc ¢ m 0 E z y .2 v i i 0 ° z 0. z > m a ti ¢ 0 1-- a 0 a 2 N u W 0 :O 0 di W a > O o F- itt O m • O 0 V o E D! 2 0 o r w mm > O o m to Ou, LL E p,. co ~ m Oo m m Oe � '1 2 m _' r a 3 O aO Q 0 a Q ¢a 0 Et A i o .60 o m O 3 U O>M z C C m p LL U U <n O U N E 0 0 0 C z _ M Of T 0 m ~ uS'i1 ( u s Y E m co w o 1- w W Q 0 o - ¢ a Y 10/10/94 SUBMITTALS 01301 - 6 Judge Miller's Courtroom Jackson Square • • - _ o c <= v c c E O C m C ^ _ 3 _ O o O S -)c„, U m m m o f m E 1 _ D c C • O) n 0 h m T G m • .. 7'. 0 C m a - m Z ya = c E m m • c E° x¢ y o m v `° o w m m v U a 7 vv U Q m aa > O i i 6 O m D m m 0 ; U U I a c e $ E a o m a z E a _ o m m m g ° m 3 m: E.c n a D m N a m a c Z` m • N 7 x 2 '° ' m R C C N a L U A m o f _ a C N ui t cc ° O m _ O N- C O O) C m N U W O m ' o rn N = Y m m L E o a .c m coos, m c E m i m a E V a A O a c° i° m e m m � m m c m 6 al E a o. N m ° o 5 n a E ` > m xc a. . E m m v � - = c E 3a °m v r N J. E u c 0- X� 7 -1-=' 5moc 2 tm�o� m occur m N O m $ m m 7 a 7 V o `m E a '815§-7.1:1 O U V 10 R O C O m L7 m C .-63c U ` 9 a O T co E N m m C .1 p � ..,-=-= 8 m ? ' v 'N m 7' c a cl 0 • e a 1: N - m C U — a .N lL c U m Z m a 5" $ X C 8 Y) ._ ., m ' O _U fA a _ ' 'C. O a m m m _O m 7: m "' 2e m a C C . _ ts a a N m E L L m 0. C X V m E E m" 2 C m ._ c; t C m T N m Y . .E Q N W 1 N -' m 0 W N 0 o W m .- a <n o o , m v E22 m E a 216- Y c c m m E= ° a o c a = i o c o E 1 cc % m c $ m °% i o a t m m m N 41 c E 2 . m7 C m m i0 m 3 : a O 2 U (� W .2 . ▪ 3 E ,- ! ! fl a. .m1-u r 3 ;� o._ _ ).- ca Q� ¢i n 0 ° m N f7 V N co n ^ W r..: m N N N N U an d O) O N f r N O CO 3 CO N N N a m V t I F z N w 0 0 T O I ‘g a 0 O Q N m w ¢ Q _ T W O N Z O ¢ o 7 a p Q? fld E ¢ i J n - m m ' ; O Q y m O O aao �L T w aQQZO[O O Q< 03000U- O ca E z . 1 3 0 E c n • o ; € p 9 0 li 1 D E a 3 C ��W /// O C CO y y Q Dti - M a' 'a N 3 G C N N C O ,0 a '� m m j f . _ 0 0) m V t0 E 00 L e N 0 a_ 7 al 0 e0 '0 a1 o a y O : wa r u.- 0 m U N O t i0 as as N m m a o i 00)00)001--1 2a : O A t s E } u O j U cn U U�� -J 2d ill • 10/10/94 SUBMITTALS 01301 - 7 Judge Miller's Courtroom Jackson Square SECTION 01310 PROGRESS SCHEDULES 1.1 SUMMARY A. Section includes: 1. Progress schedules 2. Revisions to schedules B. Related sections: 1. SCOPE OF WORK C. Description: 1. Progress Schedules: Promptly after award of the Contract and prior to proceeding with the sitework, prepare and submit to the Construction Manager for approval, construction progress schedules for the work, with subschedules of related activities which are essential to its progress. Also incorporate manpower loading related to each activity on the construction schedule. 2. Revisions to Schedule: Submit revised /updated progress schedules with each payment application. 1.2 FORMAT A. Prepare Progress Schedules as a horizontal bar chart with a separate bar for each major portion of Work or operation, identifying the first work day of each week. B. Include numeric manpower loading associated with each horizontal bar, clearly defined. D. Scale and spacing: to provide space for notations and revisions. E. Sheet size: minimum 8 -1/2" x 11 ". 1.3 CONTENT A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. 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 10/10/94 PROGRESS SCHEDULES 01310 - 1 Judge Miller's Courtroom Jackson Square Owner furnished products and products identified under allowances and dates reviewed submittals will be required from the Architect. Reference Section 01301 - Submittals. 1.4 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each -activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays and the impact on the schedule. 2. Corrective action recommended and its effect. 1.5 SUBMITTALS A. Submit initial schedules within (3) days after receipt of the Contract Notice to Proceed. 1. The Construction Manager will review schedules and return review copy within ten (10) days after receipt. 2. If required, re- submit within seven (7) days after return of review copy. 3. Submit revised Progress Schedules with each Application for Payment. 1.6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. Note: It is not incumbent upon the Construction Manager to notify the Trade Contractor when to begin, to cease, or to resume work nor to give early notice of faulty or defective work, nor in any way to superintend so as to relieve the Trade Contractor of responsibility or of any consequence of neglect or carelessness. * * * ** *END OF SECTION 01310 * * * * ** 10/10/94 PROGRESS SCHEDULES 01310 - 2 Judge Miller's Courtroom Jackson Square SECTION 01385 DAILY CONSTRUCTION REPORTS 1.1 SUMMARY A. Section includes: 1. Requirement for Daily Construction Reports by each Contractor. 2. Scheduled submission times for Daily Construction Reports. 1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS A. Daily Construction Reports shall be submitted by each and every Contractor performing work on the project. Forms to be used will be furnished by the Construction Manager. Items to be addressed on the Report are: 1. Title of Project 2. Name of Contractor 3. Date and day of Report information. For example, you performed work on Thursday, April 18, 1991, so you would therefore use "Thursday, 4/18/91." This holds true even if you did not complete filling out the Report until Friday, 4/19/91. 4. Contract designation. 5. Note any major Shipments received on that particular day. 6. Note major equipment used that day. 7. Note manpower used, and designate what trades. For example, if you were the mechanical contractor, you would also list how many insulators, pipe fitters, etc. that you were also managing, even if they were subcontractors. In addition, list the names of the subcontractors that were on -site that day. 8. Note any deficiencies in your work, and corrective actions taken to resolve the deficiencies. 9. Note any safety violations discovered, whether or not caused by your forces. 10. Provide a full description of work performed that day, and any problems or unusual conditions discovered. 11. Report is to be signed by the authorized representative of the contractor, and should the signature not be legible, print the name of the signer next to the signature. 1.3 SCHEDULE OF SUBMITTING DAILY REPORTS A. Daily Reports are to be submitted at the designated location described in the pre- construction meeting. 10/10/94 DAILY CONSTRUCTION REPORTS 01385 - 1 Judge Miller's Courtroom Jackson Square • 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 * * * * ** 10/10/94 DAILY CONSTRUCTION REPORTS 01385 - 2 Judge Miller's Courtroom Jackson Square SECTION 01395 DOCUMENT CLARIFICATION REQUESTS (DCR) 1.1 SUMMARY A. Section includes: 1. Notification of Construction Manager in the event errors, field conflicts, and omissions are found in the Contract Documents, or clarifications are necessary. 2. Utilization of DCR form. B. Related Sections: 1. General Conditions Article 2.3 2. General Conditions Article 8.3.2 3. General Conditions Article 12.3 1.2 FORM AND CONTENT OF DOCUMENT CLARIFICATION REPORTS A. All errors, field conflicts, and omissions in the Contract Documents shall be brought to the attention of the Construction Manager immediately. If clarifications are necessary, the request is to be conveyed to the CM. The DCR is a tool established to provide expedient clarifications of contract drawings, specifications or field conflicts. It is not meant to be a substitute for good communication. B. The DCR is not meant for formal notification of extra work. Reference General Conditions paragraph 8.3.2 and 12.3, when formal correspondence is required for formal • notification of time extensions, and for cost change notifications. C. The contractor should propose a solution, and enter on the form in sufficient detail necessary for the A/E or CM to confirm the contractor's proposed solution. D. The contractor is also required to mention all other trade work which is affected by the problem, and all trade work which will be affected by the proposed solution. 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 10/10/94 DOCUMENT CLARIFICATION REQUESTS 01395 - 1 Judge Miller's Courtroom Jackson Square consider the DCR response requires extra work, notification in accordance with Paragraph 12.3.1 of the Supplementary General Conditions is required. 1.3 UTILIZATION OF DCR FORM A. The CM will make available the DCR forms for the contractors use. Attached is a copy of the DCR form and the instruction sheet. 10/10/94 DOCUMENT CLARIFICATION REQUESTS 01395 - 2 Judge Miller's Courtroom Jackson Square DOCUMENT CLARIFICATION REQUEST No. From: To: Morrison- Knudsen/Gerrits Contract No. P. O. Box 5283 • Key West, FL 33045 Receipt (305) 292 -7845 Logged: Problem By: Dwg/Spec No./Revision/Detail /Sect No. A/E Project No. Civil Structural Architectural Security PLB HVAC Electrical Specs Subject: Problem & suggested solution: I MK/G Review: Solution: Solution by: Date: MK/G: 1 Date: DOW]. 10/10/94 DOCUMENT CLARIFICATION REQUESTS 01395 — 3 Judge Miller's Courtroom Jackson Square A. By Contractor: 1. From: The OCR vill always be frou the prime contractor. Subcontractors to the prise contractor shall submit OCR's through their prime contractor. 2. Problem By: This can be the subcontractor, or the prise contractor, or the established prise contractor representative, or the established subcontractor representative. 3. Contract No.: This is the approved contract, contract number. S. Drawing No.: Here insert as such information as possible to describe the location in the contract documents of the particular problem you are asking clarification. Include revision level of drawings, and date. Include detail numbers, include section numbers, include specification section numbers, paragraph locations, all as applicable. 5. Civil, Structural, etc.: Here note the particular division of work the DCR applies to. 6. Subject: Here insert brief, clear, concise caption subject, which is representative of problem area. Documeact unCAnONREQUEST Po. (8 7. Problem i Suggested Solution: Describe in as much detail From To: Mon.osKm,aoaGcmu Contract No ' as necessary, the problem to which clarification is Loma S needed. If additional space is needed, add extra sheets ►:e. Wog FL Me ^f . Boz Sao to back, and reference attachments in this area no. 7. j r ()US)lsl.'rlW - � Draw sketches if necessary. Make photocopy of particular � �� drawing detail and attach if necessary. hobecm i II i� A4 how Ao VD t Jr � ow nosni ^ A,a..e.v Sawn � ns T NVac — f l sro B. By Morrison - Knudsen /Gerrits: 8. DCR No.: Numbers will be assigned as follows: h.. • wpm.*,wuos XX- XXX- root Project Contractor No. Sequential No. For instance, the first OCR from the contractor of Contract No. 001 on the New Detention Facility, would be: K3- 001 -001 As another example: The seventh consecutive OCR logged on the Nev Detention Facility, was received from the contractor of Contract No. 005, mould be: KJ- 005 -007 9. Receipt logged: This will be the date received by the 1:aos,ww M 1 CM from the contractor, and will serve as the reference srw_ + G date. 10. A/E Project No.: The A/E's project number will be inserted here, where and when applicable. 11. MK/G Review: This will be tho signature or initials of the Construction Manager, upon review of the problem, with the date of sign -off. 12. MX/G Review: This will be the signature or initials of the Construction Manager, upon review of the solution. 13. Date: This will be the date of MK /G review and sign - off. cis 1 elk.' 1 ess, tn. I u3 C. By Architect /Engineer: 14. Solution: The A/E will here insert the solution to the problem, or answer in some other fashion the clarification being requested. The A/E may herein confirm the contractor's proposed solution. 15. Solution By: The entity providing the solution is to sign here. This may be the Construction Manager when particular clarifications are being requested that can be answered by the CM. Otherwise, it will be the A/£ representative. 16. Date: This will be the date of sign -off, or answering the DCR by the A /E. D. Part-By -Part Distribution of 6 -part DCR Form: a. When the contractor submits DCR, he will retain goldenrod copy. b. When received by the contractor, CM will retain Pink copy. c. The DCR then is submitted to the A /E. Once answered, the A/E returns to CM, but retains canary copy. d. CM reviews answer, and sends Green copy back to contractor. CM will retain original White copy for office files, and Blue copy will go to the job -site. 10/10/94 DOCUMENT CLARIFICATION REQUESTS 01395 - 4 Judge Miller's Courtroom 4 Jackson Square • 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. Minimal electrical power will be available to the Contractor and paid for by the Owner at the project site. If the Contractor requires electrical power beyond that which is now available at the project site, it will be the Contractor's responsibility to furnish, install and maintain any added temporary electrical ILO service as required for his construction needs throughout the construction period and shall remove such service upon completion of the work. The Contractor shall maintain all circuits being utilized by the Owner and shall ensure no adverse impact upon the Owner through the Contractor's use of the facility's electrical system. 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 10/10/94 TEMPORARY UTILITIES 01510 - 1 Judge Miller's Courtroom Jackson Square natural lighting does not meet minimum requirements. Temporary artificial lighting iri Work areas shall produce uniform illumination of 20 -foot candles. 2.5 TEMPORARY WATER A. The Contractor may utilize the facility's water system for construction needs. If the Contractor requires water utility service beyond that which is now available at the project site, it will be the Contractor's responsibility to furnish, install and maintain any added temporary water service for his construction needs throughout --the construction period and shall remove such service upon completion of the work. The Contractor shall maintain all water service being utilized by the Owner and shall ensure no adverse impact upon the Owner through the Contractor's use of • the facility's water system. 2.6 TEMPORARY HEATING, COOLING AND VENTILATING The Contractor shall be responsible for providing, and operating and maintaining temporary heating, cooling and ventilating, as required, to maintain adequate environmental conditions to facilitate the progress of his Work; to meet minimum condition for the installation of materials; and to protect materials and finishes from damage due to temperature or humidity. The Contractor, subject to the approval and direction of the Construction Manager, shall: 1. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors, or gases. 2. If portable heaters are required, utilize only UL approved .nits 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. 10/10/94 TEMPORARY UTILITIES 01510 - 2 Judge Miller's Courtroom Jackson Square Coof 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. Clo C. Restore permanent facilities used for temporary services to specified condition. 1. Prior to final painting, the Contractor shall remove temporary lamps and install new lamps. 2. Prior to final inspection, the Contractor shall replace filters and worn or consumed parts of mechanical equipment. * * * ** *END OF SECTION 01510 * * * * ** 10/10/94 TEMPORARY UTILITIES 01510 - 3 Judge Miller's Courtroom Jackson Square SECTION 01520 CONSTRUCTION AIDS a 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 r 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 10/10/94 CONSTRUCTION AIDS 01520 - 1 Judge Miller's Courtroom Jackson Square damage caused by the installation or by the use of such temporary construction aids. The Contractor shall restore any permanent facilities used for temporary purposes to their specified condition. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 2.3 TEMPORARY ENCLOSURES A. The Contractor responsible for installing the permanent closure in an opening in an exterior wall shall be responsible for installing, maintaining, and removing, as the Work progresses, a temporary weather -tight enclosure for that opening as necessary to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating and /or cooling, and to prevent entry of unauthorized persons. 1. The Contractor shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by the Construction Manager. 2. Temporary enclosures shall be removable as necessary for the Work and for handling of materials. 3. Temporary enclosures shall be completely removed when construction needs can be met by the use of the permanent closures. 4. The Contractor responsible for providing, maintaining, and removing the temporary enclosure shall clean and shall repair any damage caused by the installation of such enclosure. 5. The Contractor shall remain responsible for insuring that his work, material, equipment, supplies, tools, machinery, and construction equipment is adequately protected from damage or thef and shall provide, maintain and remove such additional temporary enclosures as may be deemed necessary. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. * * * ** *END OF SECTION 01520 * * * * ** 10/10/94 CONSTRUCTION AIDS 01520 - 2 Judge Miller's Courtroom Jackson Square SECTION 01550 ACCESS ROADS AND PARKING AREAS A. Only parking for equipment and vehicles that are deemed necessary for the Contractor to perform his work will be allowed at the project site and only through coordination with and approval of the Construction Manager. Parking for the Contractor's employees and subcontractors shall be at the County's public parking lot to the west of the project site. * * * ** *END OF SECTION 01550 * * * * ** 10/10/94 ACCESS ROADS AND PARKING AREAS 01550 - 1 Judge Miller's Courtroom Jackson Square SECTION 01560 C re TEMPORARY CONTROLS 1.1 SUMMARY A. Section Includes: 1. Water control 2. Dust control 3. Erosion and sediment control 4. Pollution control 5. Noise Control 6. Traffic Control B. Related sections: 1. SCOPES OF WORK 1.2 WATER CONTROL A. Contractor shall grade site to drain. B. Protect site from puddling or running water. Provide water barriers to protect site from soil erosion. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. 1.3 DUST CONTROL A. Execute the Work by methods to minimize raising dust from construction operations. B. Provide positive means to prevent airborne dust from dispersing into atmosphere. 1.4' EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B. Minimize amount of bare soil exposed at one time. C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. 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. 10/10/94 TEMPORARY CONTROLS 01560 - 1 Judge Miller's Courtroom Jackson Square 1.6 NOISE CONTROL A. Execute work by methods to minimize noise. Plan work so noise will not affect Owner or Owner's operations. 1.7 TRAFFIC CONTROL A. Traffic lanes and traffic flows are not to be blocked, closed or altered due to construction activities without prior coordination with the Construction Manager and Owner. A (48) hour notice to the Construction Manager is required prior to any traffic lane being blocked, closed or altered. * * * ** *END OF SECTION 01560 * * * * ** 10/10/94 TEMPORARY CONTROLS 01560 - 2 Judge Miller's Courtroom Jackson Square SECTION 01590 FIELD OFFICES AND SHEDS A. The Contractor, if he deems it necessary, may furnish, install, and maintain a temporary field office for his use and the use of his employees during the construction period. Contractor may utilize an area within the facility for a temporary field office. The location shall be coordinated with the Construction Manager. 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 and Owner's activities. 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 C ov Manager. D. The Contractor shall arrange and pay for telephone service for his field office and sheds, if he should require such services. E. The Contractor shall relocate his field office and sheds as directed by the Construction Manager, at no additional cost to the Owner or Construction Manager. F. The Contractor shall completely remove his field office and sheds on completion of the Work or when directed by the Construction Manager. The Contractor shall remove all debris and rubbish and shall place the area in a clean and orderly condition. G. The Construction Manager as soon as reasonably possible will establish a field office on the site and will maintain such an office during the entire construction period. * * * ** *END OF SECTION 01590 * * * * ** Cle 10/10/94 FIELD OFFICES AND SHEDS 01590 - 1 Judge Miller's Courtroom Jackson Square 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 C le 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. 03/21/94 CONSTRUCTION CLEANING 01595 - 1 New Detention Facility Offices B. Provide on -site containers for the collection of waste materials, debris, and rubbish. C. Dispose of waste materials, debris and rubbish off the Site. D. Trash containers shall be provided by Contractor and located in trash accumulation areas designated by the Construction Manager. Contractor each day shall collect and deposit in the containers, all rubbish, waste materials, debris, and other trash from his operations, including any trash generated by his employees during lunch periods or coffee breaks. Shipping dunnage is to be removed by the receiving contractor. Paper, boxes and bulk packaging shall be folded or cut into reasonable sizes and shapes as appropriate and confined to prevent loss of trash due to wind relocation. Full trash containers shall be disposed and replaced as necessary to maintain above requirements and /or as directed by Construction Manager. * * * ** *END OF SECTION 01595 * * * * ** • l) A 03/21/94 CONSTRUCTION CLEANING 01595 - 2 New Detention Facility Offices SECTION 01600 MATERIAL AND EQUIPMENT 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. r 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. Contractor is to coordinate all deliveries so as not to adversely impact traffic flow around the facility or the Owner's normal activities. B. Transport and handle products in accordance with manufacturer's instructions. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 10/10/94 MATERIAL AND EQUIPMENT 01600 - 1 Judge Miller's Courtroom Jackson Square D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.4 STORAGE AND PROTECTION The Contractor shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on site but not adequately protected will not be included in estimates for payment. Except for materials stored within designated and approved storage sheds, vans, or trailers, the Contractor shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Contractor shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1.5 SECURITY A. The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. * * * ** *END OF SECTION 01600 * * * * ** 10/10/94 MATERIAL AND EQUIPMENT 01600 - 2 Judge Miller's Courtroom Jackson Square SECTION 01630 POST -BID SUBSTITUTIONS 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: IL; Contract Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. •c. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources of replacement materials. I 10/10/94 POST -BID SUBSTITUTIONS 01630 - 1 Judge Miller's Courtroom Jackson Square D. Substitutions will not be considered for acceptance when: 1. A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Bidder. 2. Acceptance will require substantial revision of Contract Documents. 3. In judgement of Architect the substitution request does not include adequate information necessary for a complete evaluation. 4. Requested directly by a subcontractor or supplier. E. Do not order or install substitute products without written acceptance of Architect /Engineer. F. Architect will determine acceptability of proposed substitutions. G. No verbal or written approvals other than by Change Order will be valid. 1.3 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution the Contractor represents that: 1. The proposed product has been investigated and it has been determined that it is equivalent to or superior in all respects to the product specified. 2. The same warranties or bonds will be provided for the substitute product as for the product specified. 3. Coordination and installation of the accepted substitution into the Work will be accomplished and changes as may be required for the Work to be complete will be accomplished. 4. Claims for additional costs caused by substitution which may subsequently become apparent will be waived by the Contractor. 5. Complete cost data is attached and includes related costs under the Contract, but not: a. Costs under separate contracts. b. Architect's costs for redesign or revision of Contract Documents. 1.4 POST -BID SUBSTITUTION FORM A. The form is attached to this section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with back -up data. 10/10/94 POST -BID SUBSTITUTIONS 01630 - 2 Judge Miller's Courtroom Jackson Square 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: I 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 10/10/94 POST -BID SUBSTITUTIONS 01630 - 3 Judge Miller's Courtroom Jackson Square 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: j F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ — ) I. Designation of maintenance services and sources: (Attach additional sheets if required.) * * * ** *END OF DOCUMENT 01630 * * * * ** 10/10/94 POST -BID SUBSTITUTIONS 01630 - 4 Judge Miller's Courtroom Jackson Square SECTION 01650 Cre 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 days prior to start -up of each item. C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. D. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. E. Verify wiring and support components for equipment are complete and tested. F. Execute start -up under supervision of responsible manufacturer's representative in accordance with manufacturer's instructions. G. Execute start -up under supervision of the responsible Contractors' personnel in accordance with manufacturer's instructions. H. When specified in individual Specification Sections, require manufacturer to provide authorized representative to be present at the Site to inspect, check and approve equipment or system installation prior to start -up, and to supervise placing equipment or system in operation. I. Submit a certified written report that equipment or system has been properly installed and is functioning correctly. * * * ** *END OF SECTION 01650 * * * * ** 10/10/94 STARTING OF SYSTEMS 01650 - 1 Judge Miller's Courtroom Jackson Square • SECTION 01670 Ibre 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 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 video tape any training session, equipment start -up or other instructional requirement. D. For equipment requiring seasonal operation, perform instructions for other seasons within six months. E. Use operation and maintenance manuals as basis for instruction. Review contents of manual with personnel in detail to explain all aspects of operation and maintenance. F. Prepare and insert additional data in Operation and Maintenance Manual when need for such data becomes apparent during instruction. 10/10/94 SYSTEMS DEMONSTRATIONS 01670 - 1 Judge Miller's Courtroom Jackson Square 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 weeks prior to • proposed dates. B. Provide operating and maintenance manuals to owner (4) weeks prior to demonstrations. C. Submit reports within one week after completion of demonstrations, that demonstrations and instructions have been satisfactorily completed. Give time and date of each demonstration, and hours devoted to demonstration, with a list of persons present. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION 3.1 PREPARATION A. Verify equipment has been inspected and put into operation; testing, adjusting, and balancing has been performed; and equipment and systems are fully operational. B. Have copies of completed operation and maintenance manuals at hand for use in demonstrations and instructions. 3.2 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 * * * * ** Nwe 10/10/94 SYSTEMS DEMONSTRATIONS 01670 - 2 A, Judge Miller's Courtroom Jackson Square SECTION 01700 CONTRACT CLOSEOUT 1.1 SUMMARY A. Section includes: 1. Closeout procedures 2. Adjusting B. Related sections: 1. - SECTION 01027 - APPLICATION FOR PAYMENT 2. SECTION 01650 - STARTING OF SYSTEMS 3. SECTION 01730 - OPERATION AND MAINTENANCE DATA 1.2 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three terminal activities: 1. Substantial Completion 2. Final Completion 3. Final Payment 1.3 SUBSTANTIAL COMPLETION A. Submit to the Construction Manager when the Work is substantially complete: 1. A written notice that the Work, or designated portion thereof, is substantially complete. 2. A list of items to be completed or corrected (Punch List). 3. Request Substantial Completion Observation at a mutually agreeable date. 4. Certifications of systems and testing /balancing final reports. 5. Submit evidence of compliance with requirements of governing authorities: a. Certificate of Occupancy b. Certificates of Inspection: 1) Elevators 2) Mechanical systems 3) Electrical systems 4) Kitchen equipment 5) Fire protection system 6) Security system 10/10/94 CONTRACT CLOSEOUT 01700 - 1 Judge Miller's Courtroom Jackson Square B. Within a reasonable time after receipt of such notice, the Architect, the Construction Manager, the Contractor,and the Owner, will make an observation to determine the status of completion. C. Should the work be determined to not be substantially complete the following will occur: 1. The Construction Manager will promptly notify the Contractor in writing, giving the reasons. 2. The Contractor shall remedy the deficiencies in the Work, and send a second written notice of substantial completion. 3. The Work will be re- observed. D. When the Work is considered substantially complete, the following will occur: 1. The Construction Manager will prepare a Certificate of Substantial Completion on AIA Form G704, accompanied by the Contractor's Punch List of items to be completed or corrected, as verified and amended. Contract responsibilities are not altered by inclusion or omission of required Work from the punch list. 2. The certificate will be executed by all parties and distribution made. E. Complete or correct items identified on the punch list and required by the Contract requirements within time limit established by the certificate. 1.4 FINAL COMPLETION A. To attain final completion, the Contractor shall complete activities pertaining to substantial completion, complete Work on punch list items and submit written request to the Construction Manager for final inspection. 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. 10/10/94 CONTRACT CLOSEOUT 01700 - 2 Judge Miller's Courtroom Jackson Square C. The Architect, the Construction Manager, the Contractor and the Owner will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. D. Should the Work be considered incomplete or defective: 1. The Construction Manager will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. The Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to the Construction Manager that the Work is Complete. 3. The Work will be reinspected. E. When the Work is acceptable under the Contract Documents the Contractor shall make closeout submittals. 1.5 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE ARCHITECT A. Project Record Documents: to requirements of SECTION 01720. B. Operating and maintenance data, instructions to the Owner's personnel: to requirements of SECTION 01730. C. Keys and keying schedule: to requirements of SECTION 08710 & 11196. D. Spare parts and maintenance materials: to requirements of individual sections. E. Evidence of payment and release of liens: to requirements.of General and Supplementary Conditions. 1.6 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Architect. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders b. Allowances c. Unit Prices d. Deductions for uncorrected Work e. Penalties and bonuses f. Deductions for liquidated damages g. Deductions for reinspection payments h. Other adjustments 3. Total Contract Sum, as adjusted 4. Previous payments 5. Sum remaining due 10/10/94 CONTRACT CLOSEOUT 01700 - 3 Judge Miller's Courtroom Jackson Square C. The Construction Manager will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1.7 FINAL APPLICATION FOR PAYMENT A. The Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. * * * ** *END OF SECTION 01700 * * * * ** j j 10/10/94 CONTRACT CLOSEOUT 01700 - 4 Judge Miller's Courtroom Jackson Square SECTION 01710 Col 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 form sight- exposed interior and exterior surfaces. C. Wash and shine glazing and mirrors. D. Polish glossy surfaces to a clear shine. Cor 10/10/94 FINAL CLEANING 01710 - 1 Judge Miller's Courtroom Jackson Square E. Dust cabinetwork and remove markings. F. Vacuum as needed. G. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. H. Prior to final completion, or the Owner occupancy, conduct an inspection of sight- exposed interior surfaces, exterior surfaces and work areas, to verify that the entire Work is clean. I. Clean tunnels and closed off spaces of packing boxes, wood frame members and other waste materials used in the Construction. J. Internally clean the entire system of piping and equipment. Open dirt pockets and strainers, completely blowing down as required and clean strainer screens of accumulated debris. K. Drain tanks, fixtures and pumps to be free of sludge and accumulated matter. L. Remove temporary labels and stickers from fixtures and equipment. Do not remove permanent name plates, equipment model numbers and ratings. M. Thoroughly clean heating and air conditioning equipment, tanks, pumps and traps. Install or thoroughly clean filters or filter media, including: 1. The cleaning of permanent filters and the replacement of disposable filters if units were operated during construction. 2. The cleaning of ducts, blowers, and coils if the units were operated during construction. N. Remove from the Site all facilities of items is stalled or used for temporary purposes during construction. O. Restore all adjoining areas to their original or specified condition. * * * ** *END OF SECTION 01710 * * * * ** 10/10/94 FINAL CLEANING 01710 - 2 A Judge Miller's Courtroom Jackson Square SECTION 01720 PROJECT RECORD DOCUMENTS 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. ( r+ D. Make documents available for inspection by the fi Construction Manager, the Architect and the Owner. E. Failure to maintain documents up -to -date will be cause for withholding payments. F. Obtain from the Construction Manager (at no charge) two sets of the Contract Documents for Project Record Documents including: 1. Specifications with all addenda. 2. Two complete sets of blackline prints of all Drawings. 1.3 RECORDING A. Label each document "Project Record ". B. Keep record documents current. C. Do not permanently conceal any work until required information has been recorded. 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 10/10/94 PROJECT RECORD DOCUMENTS 01720 - 1 Judge Miller's Courtroom Jackson Square underground utilities and appurtenances referenced to permanent surface improvements. vale c. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. • d. Field changes of dimension and detail. e. Changes made by Change Order or Construction Change Directive. f. Details not on original Contract Drawings. E. Specifications and Addenda: 1. Legibly mark up each Section to record: a. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. b. Changes made by Change Order or Construction Change Directive. c. Other items not originally specified. F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings. 2. Legibly mark to record actual construction: a. Dimensions accurate to within 1" on the centerline of items shown schematically. b. Identify each item, for example, "cast iron drain" "galvanized water ". c. Identify location of each item, for example, "under slab ", "in ceiling plenum ", "exposed ". 3. The Construction Manager may waive requirements of schematic layout conversion, when in his opinion, it serves no beneficial purpose. Do not, however, rely on waivers being issued except specifically issued by the Construction Manger in writing. 1.4 SUBMITTAL A. At completion of Project, deliver Project Record Document 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. 10/10/94 PROJECT RECORD DOCUMENTS 01720 - 2 Judge Miller's Courtroom Jackson Square * * * ** *END OF SECTION 01720 * * * * ** 10/10/94 PROJECT RECORD DOCUMENTS 01720 - 3 Judge Miller's Courtroom Jackson Square SECTION 01730 OPERATION AND MAINTENANCE DATA 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. G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. 10/10/94 OPERATION AND MAINTENANCE DATA 01730 - 1 Judge Miller's Courtroom Jackson Square • 1.4 CONTENTS, EACH VOLUME A. Table of Contents: provide title of the Project; names, addresses, and telephone numbers of the Construction Manager, the Architect, consultants, and the Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For each product or system: list names, addresses and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product data: mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: supplement product data to illustrate relations of component parts of equipment and systems, to indicate control and flow diagrams. Do not use the Project Record Documents as maintenance drawings. E. Type text: as required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. F. Warranties and bonds: bind in copy of each. 1.5 MANUAL FOR MATERIALS AND FINISHES A. Building products, applied materials, and finishes: include product data, with catalog number, size, composition, and color and texture designations. Provide information for re- ordering custom manufactured products. B. Instructions for care and maintenance; include man,_4iacturer'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. 10/10/94 OPERATION AND MAINTENANCE DATA 01730 - 2 Judge Miller's Courtroom Jackson Square • 1.6 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each item of equipment and each system: include description of unit or system, and component parts. Identify function, normal operating characteristics,. and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. B. Panelboard circuit directories: provide electrical service characteristics, controls and communications. C. Include color coded wiring diagrams as installed. D. Operating procedures: include start -up, break -in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut -down, and emergency instructions. Include summer, winter, and special operating instructions. E. Maintenance requirements: include routine procedures and guide for trouble- shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule, and list of lubricants required. G. Include manufacturer's printed operation and maintenance instructions. H. Include sequence of operation by controls manufacturer. I. Provide original manufacturer's parts list, - illustrations, assembly drawings, and diagrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. K. Provide the Contractor's coordination drawings, with color coded piping diagrams as installed. L. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. M. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. 10/10/94 OPERATION AND MAINTENANCE DATA 01730 - 3 Judge Miller's Courtroom Jackson Square 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. B. Submit the required number of copies per each Specification Section or two copies each if not specified of approved data in final form within ten 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 days after final inspection. * * * ** *END OF SECTION 01730 * * * * ** 10/10/94 OPERATION AND MAINTENANCE DATA 01730 - 4 Judge Miller's Courtroom Jackson Square Subrogation, Waiver of 11.3.6 Time limits, Specific 3 4, 4.10, 7.9.2, 8.2, 8.3.2, Substantial Completion of the Project 8 1.4, 9.8.3, 9.8.4, 8.3.3, 9.2, 9.3.1, 9.4.1, 9.5.1, 9.7, 11.1.4, 9.9.4, 9.9.5, 9.9.6, 13.2.1, 13.2.2 11.3.8, 12.2, 12.3.1, 13.2.2, 13.2.7, 14.1, 14.2.1 Substantial Completion of the Project, Definition of 8 1.4 Title to Work 9 3.2, 9.3.3 Substantial Completion of the Work 2.3.21, 8.1.1, 8.1.3, 8.2.2, 9.4.2, 9.8, 9.9.3, 11.3.9 UNCOVERING AND CORRECTION OF WORK 13 Substantial Completion of the Work, Definition of 81.3 Uncovering of Work 13.1 Substitution of Subcontractors 5 2.3, 5.2.4 Unforseen Conditions 8 3.1, 12.2 Substitution of the Architect 2.3.23 Unit Prices 12.1.3.2, 12.1.5 Substitution of the Construction Manager 2 3.23 Use or Documents 1 3, 3.2.5, 5.3 Substitutions of Materials 45, 12.1.4 Use of Site 413, 6.2.1 Sub- subcontractors, Definition or 51.2 Subsurface Conditions 12.1.1 Values, Schedule or 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 4 9, 10.2.6 Waiver of Liens 9 9.2 Surety, Consent of 9 9.2, 9.9.3 Warranty and Warranties 2 3.21, 4.5, 9.3.3, 9.8.4, Surveys 3 2.2, 4.18.3 9.9.4, 13.2.2, 13.2.7 Weather Delays 8 3.1 Taxes 4 6 Words, Recognized Meaning of 1 23 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 • JUNE 1980 EDITION • AIA! • C 1980 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1:35 NEW YORK AVE.. N.W., WASHINGTON, D 200% A201 /CM -1980 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subfect to legal prosecution. C 10/10/94 GENERAL CONDITIONS 00750 - 5 Judge Miller's Courtroom Jackson Square • 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 The Contract Documents consist of the Owner- Contractor Work is to be performed, and has correlated personal Agreement, the Conditions of the Contract (General, Sup- observations with the requirements of the Contract Docu- plementary and other Conditions), the Drawings, the menu. Specifications, and all Addenda issued prior to and all 1.2.3 The intent of the Contract Documents is to include Modifications issued after execution of the Contract. A all Items necessary for the proper execution and comple- 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 mentarv, 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- sistent therewith and is reasonable inferable therefrom as change in the Work issued by the Architect pursuant to being necessary to produce the intended results. Words Paragraph 12.4. The Contract Documents do not include and abbreviations which have well - known technical or Bidding Documents such as the Advertisement or Invita- trade meanings are used in the Contract Documents in tion to Bid, the Instructi -Is to Bidders, sample forms, the accordance with such recognized meanings. Contractor's Bid or poi. • ns of Addenda relating to any of these, or any other documents unless specifically enu- 1.2.4 The organization of the Specifications into divi- merated in the Owner- Contractor Agreement. sions, sections and articles, and the arrangement of Draw- ings shall not control the Contractor in dividing the Work 1.1.2 THE CONTRACT among Subcontractors or in establishing the extent of The Contract Documents form the Contract for Construc- Work to be performed by any trade. tion. This Contract represents the entire and integrated 1.3 OWNERSHIP AN4 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 sh 111 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 test 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 cludes all labor necessary to produce such construction, practice architecture, or an entry la∎s ully 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 PROJECT 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 .Managers authorized 1.2.1 The Contract Documents shall be signed in not representative. less than quadruplicate by the Owner and the Contractor. If either the Owner or the Contractor or both do not sign 2.3 ADMINISTRATION OF THE CONTRACT the Conditions of the Contract, Drawings. Specifications 2.3.1 The Architect and the Construction manager will AIA DOCUMENT A211 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION A201 /CM —1980 6 CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • MAO • 1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE .. N W. WASHI\GTON D.C. 2 WARNING: Unlicensed photocopying violates U.S. copyright Is and Is subfsct to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 6 Judge Miller's Courtroom Jackson Square provide administration of the Contract as hereinafter `I>rnendations of the Construction Manager and an evalua- described. tion of the Project Application for Payment, the Architect ar- lie 2.3.2 The Architect and the Construction Manager will be the Owner's representatives during construction and will determine the amount owing to the Contractor 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- 2.3.10 The Architect will be the interpreter of the re- sult with the Owner. All instructions to the Contractor quirements of the Contract Documents and the judge of • shall be forwarded through the Construction Manager. the performance thereunder by both the Owner and the The Arc4hitect and the Construction Manager will have Contractor. • authority 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 %.ritten 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. ance with the Contract Documents. However, the Archi- 2.3.13 All interpretations and decisions of the Architect tect will not be required to make exhaustive or con- shall be consistent with the intent of and reasonably in- tinuous on -site inspections to check the quality or qua ferable from the Contract Documents and will be in writ - tity of the Work. On the basis of on -site observations as ing or in graphic form. In this capacity as interpreter and an architect, the Architect will keep the Owner informed judge, the Architect will endeavor to secure faithful per - of the progress of the Work, and will endeavor to guard formance by both the Owner and the Contractor, will not the Owner against defects and deficiencies in the Work show partiality to either, and will not be liable for the of the Contractor. result of any interpretation or decision rendered in good 2.3.5 Neither the Architect nor the Construction Man- faith in such capacity. ager will be responsible for or have control or charge of 2.3.14 The Architect's decisions in matters relating to construction means, methods, techniques, sequences or artistic effect will be final if consistent with the intent of procedures, or for safety precautions and programs in the Contract Documents. connection with the Work, and neither will be respon- 2 3.15 Any claim, dispute or other matter in question Bible for the Contractors failure to carry out the Work in ` accordance with the Contract Documents. Neither the between the Contractor and the Owner referred to the Architect nor the Construction Manager will be respon- Architect through the Construction Manager, except those sible for or have control or charge over the acts or omis- relating to artistic effect as provided in Subparagraph sions of the Contractor, Subcontractors, or any of their 2.3.14 and those which have been waived by the making agents or employees, or any other persons performing any or acceptance of final payment as provided in Subpara- of the Work. graphs 9.9.4 through 9.9.6. inclusive, shall be subject to 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 t1l 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 coo 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 (11 that the ing their use of the site. The Construction Manager will decision is final but subiect to appeal, and 121 that am keep the Contractor informed of the Project Construction demand for arbitration of a claim. dispute or other matter Schedule to enable the Contractor to plan and perform covered by such decision must be made within thirty days the Work properly. ' after the date on which the party making the demand re- 2.3.8 The Construction Manager will review all Applica- ceives the written decision. failure to demand arbitration tions for Payment by the Contractor, including final pay- within said thirty day period will result in the Architect's ment, and will assemble them with similar applications decision becoming final and binding upon the Owner from other contractors on the Project into a combined and the Contractor. If the Architect renders a decision Project Application for Payment. The Construction Man- after arbitration proceedings have been initiated, such ager will then make recommendations to the Architect decision may be entered as evidence but will not super - for certification for payment. sede any arbitration proceedings unless the decision is 2.3.9 Based on the Architect's observations, the recom- acceptable to all parties concerned. AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIM • © 1980 • THE 7 A201 /CM —1980 AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N \. , WASHINGTON. D.C. 20000 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subfect to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 7 Judge Miller's Courtroom Jackson Square 23.16 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, w ill 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 %vithheld. 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 emplo■ment 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. Anv 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 then gents 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 - 23.18 The Architect will review and approve or take ment furnish to the Contractor reasonable evidence that other appropriate action upon the Contractor's submittals the Owner has made financial arrangements to fulfill the such as Shop Drawings, Product Data and Samples, but Owner's obligations under the Contract. Unless such only for conformance with the design concept of the reasonable evidence is furnished. the Contractor is not Work and the information given in the Contract Docu- required to execute the Owner - Contractor Agreement or ments. Such action shall be taken with reasonable prompt- to commence the Work. ness so as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly 3.2.2 The Owner shall furnish all surveys describing the of which the item is a component. physical characteristics, legal limitations and utility loca- 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 23.20 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. ante in Articles 6, 9 and 11, respectiveh. AIA DOCUMENT A281/CM • GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA • © 1980 • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE.. N W., WASHINGTON D.0 2000n A201 /CM —1980 8 • WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. j 10/10/94 GENERAL CONDITIONS 00750 - 8 Judge Miller's Courtroom Jackson Square 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 fads 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 the Work in accordance with the Contract Documents, 4.4 LABOR AND MATERIALS and fails within seven days after receipt of written notice 4.4.1 Unless otherwise provided in the Contract Docu - from the Owner to commence and continue correction of ments, the Contractor shall provide and pay for all labor, such default or neglect with diligence and promptness, materials, equipment, took, construction equipment and the Owner may, after seven days following receipt by the machinery, water, heat, utilities, transportation, and other Contractor of an additional written notice and without facilities and services necessary for the proper execution prejudice to any other remedy the Owner may have, and completion of the Work, whether temporary or per - make good such deficiencies. In such case an appropriate manent and whether or not incorporated or to be incor- Change Order shall be issued deducting from the pay- porated in the Work. ments then or thereafter due the Contractor the cost of 4.4.2 The Contractor shall at all times enforce strict dis- correcting such deficiencies, including compensation for cipline and good order among the Contractor's em- the Architect's and the Construction Manager's additional ployees and shall not employ on the Work any unfit per - services made necessary by such default, neglect or fail- son or anyone not skilled in the task assigned them. ure. Such action by the Owner and the amount charged WARRANTY to the Contractor are both subject to the prior approval 4. 5 of the Architect, after consultation with the Construction 4.5.1 The Contractor warrants to the Owner, the Archi- Manager. If the payments then or thereafter due the Con- tect and the Construction Manager that all materials and tractor are not sufficient to cover such amount, the Con- equipment furnished under this Contract will be new un- tractor shall pay the difference to the Owner. less otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance ARTICLE 4 with the Contract Documents. All Work not conforming CONTRACTOR to these requirements, including substitutions not prop - erly approved and authorized, may be considered defec- 4.1 DEFINITION tive. If required by the Architect or the Construction Man - 4.1.1 The Contractor is the person or entity identified as ager, the Contractor shall furnish satisfactory evidence as such in the Owner - Contractor Agreement. The term Con- to the kind and quality of materials and equipment. This tractor means the Contractor or the Contractor's author- warranty is not limited by the provisions of Paragraph ized representative. 13.2. 4.2 REVIEW OF CONTRACT DOCUMENTS 4.6 TAXES 4.2.1 The Contractor shall carefully study and compare 4.6.1 The Contractor shall pav all sales. consumer, use the Contract Documents and shall at once report to the and other similar taxes for the N.1ork 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 4.7 PERMITS, FEES AND NOTICES the Construction Manager for any damage resulting from , 4.7.1 Unless otherwise provided In the Contract Docu anv 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 pay for all of the Work at any time without Contract Documents or, other permits and governmental fees, licenses and inspec- where required, approved Shop Drawings, Product Data lions necessary for the proper execution and completion or Samples for such portion of the Work. of the Work which are customarily secured after execu- 4.3 SUPERVISION AND CONSTRUCTION tion of the Contract and which are legally required at the PROCEDURES time bids are recetyed. 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 'OR CONSTRUCTION CONSTRUCTION 'tANAGEMENT EDITION • II-NE 1980 EDITION • AIAE • Tr I980 • THE 9 A201 /CM —1980 AMERICAN INS7iTL1TE OF ARCHITECTS 1735 NEW 'ORK WE N y, \\\ 0 C 2000,, WARNING: Unlicensed photocopying violates US. copyright laws and is subject to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 9 Judge Miller's Courtroom ' Jackson Square 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 j. Contract Documents are at variance therewith in any re- 4.11.1 The Contractor shall maintain at the Project site, spect, the Contractor shall promptly notify the Architect on a current basis, one record copy of all Drawings, and the Construction Manager in writing, and any neces- Specifications, Addenda, Change Orders and other Modi- sary changes shall be accomplished by appropriate fications, in good order and marked currently to record Modification. all changes made during construction, and approved Shop 4.7.4 If the Contractor performs any Work knowing it Drawings, Product Data and Samples. These shall be to be contrary to such laws, ordinances, rules and regula available to the Architect and the Construction Manager. lions, and without such notice to the Architect and the The Contractor shall advise the Construction Manager on Construction Manager, the Contractor shall assume full a current basis of all changes in the Work made during responsibility therefor and shall bear all costs attributable construction. thereto. 4.12 SHOP DRAWINGS, PRODUCT DATA AND 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 or 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 obi...t: 3n. 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 workmanship, and establish Contractor, less any applicable trade discount, standards by which the Work will be judged. • of the materials and equipment required by the 4.12.4 The Contractor shall prepare, review, approve and allowance, delivered at the site, and all appli- submit through the Construction Manager, with reason - cable taxes; able promptness and in such sequence as to cause no de- .2 the Contractor's costs for unloading and han- lay in the Work or in the work of the Owner or any sepa- dling on the site, labor, installation costs, over- rate contractor, all Shop Drawings, Product Data and head, profit and other expenses contemplated Samples required by the Contract Documents. The Con - for the original allowance shall be included in tractor shall cooperate with the Construction Manager in the Contract Sum and not in the allowance; the Construction Manager's coordination of the Contrac- .3 whenever the cost is more or less than the tor's Shop Drawings, Product Data and Samples with allowance, the Contract Sum shall be adjusted those of other separate contractors. accordingly by Change Order, the amount of which will recognize changes, if any, in han- 4.123 By preparing, approving and submitting Shop dling costs on the site. labor, installation costs. Drawings, Product Data and Samples, the Contractor rep - overhead, profit and other expenses. resents that the Contractor has determined and verified all materials, field measurements and field construction 4.9 SUPERINTENDENT criteria related thereto, or will do so with reasonable 4.9.1 The Contractor shall employ a competent superin- promptness, and has checked and coordinated the infor- tendent and necessary assistants who shall be in attend- mation contained within such submittals with the require - ance at the Project site during the progress of the Work. ments of the Work, the Project and the Contract Docu- The superintendent shall represent the Contractor and all menu. communications given to the superintendent shall be as 4.12.6 The Contractor shall not be relieved of responsibil- binding as if given to the Contractor. Important commu- ity for any deviation from the requirement or the Con - nications shall be confirmed in writing. Other communi- tract Documents by the Architect's approval of Shop cations shall be so confirmed on written request in each Drawings, Product Data or Samples under Subparagraph case. 2.3.18, unless the Contractor has specifically informed the 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 del iation. the Contract, shall prepare and submit for the Construc- The Contractor shall not be relieved from responsibility tion Manager's approval a Contractor's Construction For errors or omi" >ions in the Shop Drawings. Product Schedule for the Work which shall provide for expedi- Data or Samples h\ the Architect • appro\ai or 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. MA DOCUMENT A201/CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRCCT,O\ CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIA* • 1980 • THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK AVE Ni w 5\ \SHI\(T0\ n c 2m A201 /CM — 1980 10 WARNING: Unlicensed photocopying violates U.S. copyright as and Is subject to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 10 Judge Miller's Courtroom Jackson Square 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 lilW 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 CU 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 ben 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 or them 4.14 CUTTING AND PATCHING OF WORK may be liable, regardless or whether or not it is caused 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 -equired to complete the reduce any other right or obligation of indemnity which Work or to make its several part tit 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 tect, the Construction Manager or any of their agents or altering any work, or by excavation. The Contractor shall employees by any employee of the Contractor, any Sub - not cut or otherwise alter the work of the Owner or any contractor, anyone directly or indirectly employed by any separate contractor except with the written consent of the of them or anyone for whose acts any of them may be Owner and of such separate contractor. The Contractor liable, the indemnification obligation under this Para - • shall not unreasonably withhold from the Owner or any graph 4.18 shall not be limited in any way by any limita- separate contractor consent to cutting or otherwise alter- Lion on the amount or type of damages, compensation or ing the Work. benefits payable by or for the Contractor or any Sub- 4.15 CLEANING UP contractor under workers' or workmen's compensation 4.15.1 The Contractor shall at al: times keep the premises acts. disability benefit acts or other employee benefit acts. free from accumulation of waste materials or rubbish 4.18.3 The obligations of the Contractor under this Para- , caused by the Contractor's operations. At the completion graph 4.18 shall not extend to the liability of the Architect of the Work, the Contractor shall remove all the Contrac- or the Construction Manager, their agents or employees, tor's waste materials and rubbish from and about the arising out of (1) the preparation or approval of maps, Project as well as all the Contractor's tools. construction drawings, opinions, reports, surveys, Change Orders, de- equipment, machinery and surplus materials. signs or specifications, or (2) the giving of or the failure to 4.15.2 If the Contractor fails to dean up at the comple- give directions or instructions by the Architect or the tion of the Work, the Owner may do so as provided in Construction Manager, their agents or employees. pro - Paragraph 3.4 and the cost thereof shall be charged to the vided such giving or failure to give is the primary cause Contractor. of the injury or damage. 4.16 COMMUNICATIONS 4.16.1 The Contractor shall forward all communications ARTICLE 5 to the Owner and the Architect through the Construction SUBCONTRACTORS Manager. 5.1 DEFINITION 4.17 ROYALTIES AND PATENTS 5.1.1 A Subcontractor is a person or entity who has a 4.17.1 The Contractor shall pa■ all royalties and license direct contract with the Contractor to perform any of the fees. shall defend all suits or cams for infringement or Work at the site. The term Subcontractor means a Sub - any patent rights and shall save :-.e Owner and the Con- contractor or a Subcontractors authorized representative. struction Manager harmless from loss on account thereon, The term Subcontractor does not include any separate except that the Owner, or the Construction Manager as contractor or any separate contractor's subcontractors. the case may be, shall be responsible for all such loss 5.1.2 A Sub - subcontractor is a person or entity who has when a particular design, process or the product of a par- a direct or indirect contract with a Subcontractor to per - ticular manufacturer or manufacturers is selected by such form any of the Work at the site. The term Sub- subcon- person or such person's agent. if the Contractor, or the tractor means a Sub - subcontractor or an authorized rep - Construction Manager as the case may be. has reason to , resentahve thereof. believe that the design, process or product selected is an infringement of a patent, that party shall be responsible 5.2 AWAR OF SUBCONTRACTS AND OTHER for such loss unless such information is promptly given to CONTRA FOR PORTIONS OF THE WORK the others and also to the Architect. 5.2.1 Unless otherwise required by the Contract Docu- AIA DOCUMENT A201/CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRLCTIO\ CONSTRLCTIO\ MANAGEMENT EDITION • JUNE 1980 EDITION • AIA'- • c,^ 1980 • THE 11 A201 /CM —1980 Ay1ERIC4\ I \STITL TE OF ARCHIUCTS, 1735 NEw 1ORJ. A\ E , \ \■ \\ s5HINGTO \, 0 C. 0000.+. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. - 10/10/94 GENERAL CONDITIONS 00750 - 11 Judge Miller's Courtroom Jackson Square • ments or the Bidding Documents, the Contractor, as soon posed Subcontract which may be at variance with the as practicable after the award of the Contract, shall fur- Contract Documents. Each Subcontractor shall similarly nish to the Construction Manager in writing for review make copies of such Documents available to their Sub - by the Owner, the Architect and the Construction Man- subcontractors. ager, the names of the persons or entities (including those who are to furnish materials or equipment fabricated to ARTICLE 6 a special design) proposed for each of the principal por- WORK BY OWNER OR BY tions of the Work. The Construction Manager will SEPARATE CONTRACTORS promptly reply to the Contractor in writing stating whether or not the Owner, the Architect or the Con- 6.1 OWNER'S RIGHT TO PERFORM WORK AND TO struction Manager, after due investigation, has reasonable AWARD SEPARATE CONTRACTS objection to any such proposed person or entity. Failure 6.1.1 The Owner reserves the right to perform work re- of the Construction Manager to reply promptly shall con- fated to the Project with the Owner's own forces, and to stitute notice of no reasonable objection. award separate contracts in connection with other 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 portions of the Project or other work on the site, the term person n, entity, the Contractor shall submit a substitute Contractor in the Contract Documents in each case shall to who'..:he Owner, the Architect and the Construction mean the Contractor who executes each separate Owner- Manager have no reasonable objection, and the Contract Contractor Agreement. Sum shall be increased or decreased by the difference in 6.1.3 The Owner will provide for the coordination of the cost occasioned by such substitution and an appropriate work of the Owner's own forces and of each separate Change Order shall be issued; however, no increase in contractor with the Work of the Contractor, who shall the Contract Sum shall be allowed for any such substitu- cooperate therewith as provided in Paragraph 6.2. tion unless the Contractor has acted promptly and re- sponsively in submitting names as required by Subpara- - 6.2 MUTUAL RESPONSIBILITY graph 5.2.1. 6.2.1 The Contractor shall afford the Owner, the Con - 5.2.4 The Contractor shall make no substitution for any struction Manager and separate contractors reasonable Subcontractor, person or entity previously selected if the opportunity for the introduction and storage of their ma- Owner, the Architect or the Construction Manager makes terials and equipment and the execution of their work, reasonable objection to such substitution. and shall connect and coordinate the Work with theirs 53 SUBCONTRACTUAL RELATIONS as required by the Contract Documents. Work depends for 6.2.2 If any part of the Contractor's orepe 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 b.' the party responsible therefor. the subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specificalk 6.2.4 Should the Contractor wrongfully cause damage to provided otherwise in the Contractor - Subcontractor the work or property of the Owner, or to other work or Agreement, the benefit of all rights, remedies and redress property on the site, the Contractor shall promptly rem - against the Contractor that the Contractor, by these Docu- edy such damage as provided in Subparagraph 10.2.5. ments, has against the Owner. Where appropriate, the 6.2.5 Should the Contractor wrongfully delay or cause Contractor shall require each Subcontractor to enter into damage to the work or property of any separate contrac- similar agreements with their Sub- subcontractors. The tor, the Contractor shall, upon due notice, promptly at- Contractor shall make available to each proposed Sub- tempt to settle with such other contractor by agreement, contractor, prior to the execution of the Subcontract. or otherwise to resolve the dispute. If such separate con - copies of the Contract Documents to which the Subcon- tractor sues or initiates an arbitration proceeding against tractor will be bound by this Paragraph 5.3. and identify the Owner on account of any delay or damage alleged to to the Subcontractor any terms and conditions of the pro- have been caused by the Contractor, the Owner shall AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIAB • T 1980 • THE A201 /CM — 1980 12 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE , N.W.. WASHI\CTO's. D.C. 2o00U WARNING: Unlicensed photocopying violates US. copyright laws and is subject to legal prosecutIon. j 10/10/94 GENERAL CONDITIONS 00750 - 12 Judge Miller's Courtroom Jackson Square notify the Contractor who shall defend sucfrproceedings 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 failure to act constitute an approval of or acquiescence in Owner has incurred. any breach thereunder, except as may be specifically agreed in writing. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises between the Contractor and 7.7 TESTS separate contractors as to their responsibility for cleaning 7.7.1 If the Contract Documents, laws, ordinances, rules, up as required by Paragraph 4.15, the Owner may clean regulations or orders of any public authority having juris- up and charge the cost thereof to the contractors respon- diction require any portion of the Work to be inspected, stble therefor as the Construction Manager shall deter- tested or approved, the Contractor shall give the Architect mine to be just. and the Construction Manager timely notice of its readi- ness so the Architect and the Construction Manager may ARTICLE 7 observe such inspection, testing or approval. The Con- tractor shall bear all costs of such inspections, tests or MISCELLANEOUS PROVISIONS approvals conducted by public authorities. Unless other - 7.1 GOVERNING LAW wise provided, the Owner shall bear all costs of other in- spections, tests or approvals. 7.1.1 The Contract shall be governed by the law of the . 7.7.2 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, 7.2.1 The Owner and the Contractor, respectively, bind the Construction Manager will, upon written atatrloriza themselves, their partners, successors, assigns and legal tion from the Owner, instruct the Contractor to order representatives to the other party hereto and to the part- such special inspection, testing or approval, and the Con- ners, successors, assigns and legal representatives of such tractor shall give notice as provided in Subparagraph other party with respect to all covenants, agreements and 7.1. If such special inspection or testing reveals a failure obligations contained in the Contract Documents. Neither or the Work to comply with the requirements of the Con - party to the Contract shall assign the Contract or sublet it tract Documents, the Contractor shall bear all costs as a whole without the written consent of the other. thereof, Including compensation for the Architect's and the Construction Manager's additional services made nec- 7.3 WRITTEN NOTICE essary by such failure; otherwise the Owner shall bear 7.3.1 Written notice shall be deemed to have been duly such costs, and an appropriate Change Order shall be served if delivered in person to the individual or mem- ssued. ber of the firm or entity or to an officer of the corpora- 7.7.3 Required certificates of inspection, testing or ap- `~•- tion for whom it was intended, or if delivered at or sent proval shall be secured by the Contractor and the Con- �+ by registered or certified mail to the last business address tractor shall promptly deliver them to the Construction known to the party giving the notice. Manager for transmittal to the Architect. 7.7.4 If the Architect or the Construction Manager wishes 7.4 CLAIMS FOR DAMAGES to observe the inspections, tests or approvals required by 7.4.1 Should either party to the Contract suffer injury or the Contract Documents, they will do so promptly and, damage to person or property because of any act or omis- where practicable, at the source of supply. Sion of the other party or of any of the other party's employees, agents or others for whose acts such party is 7.8 INTEREST 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 or the Protect. MATERIAL PAYMENT BOND 7.5.1 The Owner shall have the right to require the 7.9 ARBITRATION Contractor to furnish bonds covering the faithful perform- 7.9.1 All claims, disputes and other matters In question ance of the Contract and the payment of all obligations between the Contractor and the Owner arising out or or arising thereunder if and as required in the Bidding Doc- relating to the Contract Documents or the breach thereon, 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 errect. and except for claims s nich have been wa'\ed by 7.6.1 The duties and obligations imposed by the Con- the making or acceptance of anal payment as pro\Ided 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 or the American Arbitra- posed or available by law. lion Association then obtaining unless the parties mutually MA DOCUMENT A201•C.M • GENERAL CO\DI'IO\S Or 1ri CONTRACT 101: vI\,; R, - "N CO\STRUCTIO\ MANAGEMENT EDITION • JUNE 1986 EDITION • AIA • ,^ 1980 • THE 13 A201 /CM — 1980 AMFRICA\ INSTITUTE OF ARCHITECTS. 1731 NEW YORK \yE \ W WASHINGTON 0 C 20MIY• WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 13 Judge Miller's Courtroom Jackson Square 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 utili* the tion, joinder or in any other manner, the Architect, the Work or a designated portion thereof fbr 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 ■sas 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 or 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 tarn the \Vork forward expeditiously therein or with any person not named or described %sith adequate forces and shall achie.e 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 DELAYS AND EXTENSIONS OF TIME Contractor Agreement shall be specifically enforceable 8.3.1 If the Contractor is delayed at any time in the under the prevailing arbitration law. The award rendered progress of the Work by any act or neglect of the Owner, by the arbitrators shall be final, and judgment may be en- the Architect, the Construction Manager, arty or 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 filed with the Architect and the ized by the Owner pending arbitration. or by any other Construction Manager. The demand for arbitration shall cause which the Construction Manager determines may be made within the time limits specified in Subparagraph justify the delay, then the Contract Time shall be ex- 2.3.15 where applicable, and in all other cases within a tended by Change Order for such reasonable time as the reasonable time after the claim, dispute or other matter Construction Manager may determine. in question has arisen; and in no event shall it be made after the date when institution of legal or equitable pro- 8.3.2 Any claim for extension or time shall be made in ceedings based on such claim, dispute or other matter in writing to the Construction Manager not more than question would be barred by the applicable statute of twenty days after the commencement of the delay; other - limitations. wise it shall be waived. In the case of a continuing delay 7.9.3 Unless otherwise agreed in writing, the Contractor only one claim is necessary. The Contractor shall provide shall carry on the Work and maintain its progress during progress g any arbitration proceedings, and the Owner shall con- Pr o of f the e e Work. the probable effect of such delay on the tinue to make payments to the Contractor in accordance 8.3.3 If no agreement is made stating the dates upon with the Contract Documents. which interpretations as provided in Subparagraph 2.3.11 shall be furnished. then no claim for delay shall be ARTICLE 8 allowed on account or failure to iurnlsh 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 The: Paragraph 8.3 doe. not e\c!ucie the •eco 8.1.1 Unless otherwise prodded. the Contract Time Is ,- e damages for dela% by either par :\ under other ero■ - the period or time allotted in the Contract Documents for on nr the Contract Documents Substantial Completion of the Work as deiined in Sub- paragraph 8.1.3, including authorized adjustments thereto. ARTICLE 9 8.1.2. The date of commencement or 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 eke 9.1.1 The Contract Sum Is , fated In the Owner Contrac . where in the Contract Documents. tor .Agreement and. including authorized adjustments 8.1.3 The Date of Substantial Completion of the Work thereto. is the total amount pal able b1 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 • GENERAL CONDITIONS OF THE CONTRACT FOR C`\c C.O\ CONSTRUCTION .MANAGEMENT EDITION • ILxE 1980 EDITION • AIA' • C 1960 • 'Y.E AMERICAN INSTITLTE OF ARCHITECTS. 173i NEW LORI. A7 F. ■ 11 \%A chi \G?O\ 0 c _To1• A201 /CM — 1980 14 • WARNING: E N:eased photocopying violates U.S. copyright laws and is subject to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 14 Judge Miller's Courtroom Jackson Square 9.2 SCHEDULE OF VALUES the reasons for withholding a Certificate as provided in 9.2.1 Before the first Application for Payment, the Con- Subparagraph 9.6.1. Such notification will be forwarded tractor shall submit to the Construction Manager a to the Contractor by the Construction Manager. schedule of values allocated to the various portions of the 9.4.2 The issuance of a Project Certificate for Payment Work, prepared in such form and supported by such data will constitute a representation by the Architect to the to substantiate its accuracy as the Architect and the Con- Owner that. based on the Architect's observations at the struction Manager may require. This schedule, unless site as provided in Subparagraph 2.3.4 and the data com- objected to by the Construction Manager or the Architect, prising the Project Application for Payment, the Work has shall be used only as a basis for the Contractor's Applica- progressed to the point indicated; that, to the best of the tions for Payment. Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Docu- 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 i5 entitled to payment in the amount certified. How - fiecting 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 exhaustise 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, ' h- 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- rials or equipment suitably stored at some other Iota- 9.5.1 After the Architect has Issued a Project Certificate tion agreed upon in writing. Payments for materials or for Payment, the Owner shall make payment in the man - equipment stored on or off the site shall be conditioned ner and within the time proylded in the Contract Docu- upon submission by the Contractor of bills of sale or menu. 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- 9.33 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 Subcontractor to make payments to their Contractor, whichever occurs first, free and clear of all Sub - subcontractors in similar manner. liens, claims. security interests or encumbrances. herein- 9.5.3 The Architect may, on request and at the Archi- after referred to in this Article 9 as "liens"; and that no test's discretion, furnish to anv Subcontractor, if prac- Work, materials or equipment covered by an Application ticable, information regarding the percentages of com- for Payment will have been acquired by the Contractor, pletion or the amounts applied for 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 jest to an agreement. under +Anich an Interest therein or 9.5.4 Neither the Owner. the Archltec: nor the Construc- an encumbrance thereon is retained bx'the seller or oth- tion \tanager shall ha+e any obligation ;o 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 he required b+ Las.. 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 accornance y+ th 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 erly due, or notify the Construction Manager in writing of Construction Manager. ma+ decline to certify payment . MA DOCUMENT A201 /CM • GENERAL CONDITIONS Of T = CONTRAC` FOR CONSTRUCTION CONSTRUCTION .. +t.ANAGEMENT EDITION • ILNE 1980 EDITION • AIAR • © 1980 • THE 15 A201/CM— 1980 4+1EROCAN INSTITi, TE Of ARCHITECTS 1735 NEW SORB A\ E N N t+ asH'NGTON. D.C. _T»% WARNING: Unlicensed photocopying violates U.S. copyright laws and is 1100001 10 legal prosecution. • 10/10/94 GENERAL CONDITIONS 00750 - 15 Judge Miller's Courtroom Jackson Square and may withhold the Certificate in whole or in part to not alter the responsibility of the Contractor to complete the extent necessary to reasonably protect the Owner, if, all Work in accordance with the Contract Documents. in the Architect's opinion. the Architect is unable to make When the Architect, on the basis of inspection and con - representations to the Owner as provided in Subpara- sultation with the Construction Manager, determines that . graph 9.4.2. If the Architect is unable to make representa- the Work or designated portion thereof is substantially tions to the Owner as provided in Subparagraph 9.4.2, complete, the Architect will then prepare a Certificate of and to certify payment in the amount of the Project Ap- Substantial Completion of the Work which shall establish placation, the Architect vv ill notify the Construction Man- the Date of Substantial Completion of the Work, shall ager as provided in Subparagraph 9.4.1. If the Contractor state the responsibilities of the Owner and the Contractor and the Architect cannot agree on a revised amount, the for security, maintenance, heat, utilities, damage to the Architect will promptly issue a Project Certificate for Pay- Work and insurance, and shall fix the time within which ment for the amount for which the Architect is able to the Contractor shall complete the Items listed therein. make such representations to the Owner. The Architect The Certificate of Substantial Completion of the Work may also decline to certify payment or, because of subse- shall be submitted to the Owner and the Contractor for quently discovered evidence or subsequent observations, their written acceptance of the responsibilities assigned to the Architect may nullify the vv hole 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 Hated 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 any, 2 third party claims ailed or reasonable evidence in- for such Work or portion thereof as provided in the Con - dicating probable filing of such claims; tract Documents. .3 ailure of the Contractor to make payments prop- 9 . 8 . 3 When the Architect. on the basis of inspections, erly to Subcontractors, or for labor, materials or determines that the Project or designated portion thereof Is substantially complete, the Architect will then prepare equipment; a Certificate of Substantial Completion of the Project .• reasonable evidence that the Work cannot be tom- which shall establish the Date of Substantial Completion pleted for the unpaid balance of the Contract Sum; of the Project and fix the time within which the Contrac 5 damage to the Owner or another contractor; tor shall complete any uncompleted items on the Certif- .6 reasonable evidence that the Work will not be icate of Substantial Completion of the Work. completed within the Contract Time; or 9.8.4 Warranties required by the Contract Documents .7 persistent failure to carry out the Work in accord- shall commence on the Date of Substantial Completion of ante with the Contract Documents. the Project or designated portion thereof unless other - 9.6.2 When the grounds in Subparagraph 9.6.1 above wise provided in the Certificate of Substantial Comple- are removed, payment shall be made for amounts with- lion of the Work or designated portion thereof. held because of them. 9,9 FINAL COMPLETION AND FINAL PAYMENT 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 necessary Upon e receipt, th ti e Construction and C o forward ion ant will make the ro seven days after the date established in the Contract Doc- the Architect who will tl e da re uments any amount certified by the Architect or awarded promptly y ma such o 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 tinal payment due the tract Sum shall be increased by the amount of the Con- Contractor. This approval will co 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 lion 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 pas - 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 • IUNE 1980 EDITION • ALAS • © 1980 • THE A201 /CM —1980 16 AMERICAN INSTITUTE OF ARCHITECTS. 1'35 NEW YORK AVE., N.W. WASHINGTON, D.C. _ WARNING: Unlicensed photocopying violates U.S. copyright lams and is subject to legal prosecution. j 10/10/94 GENERAL CONDITIONS 00750 - 16 Judge Miller's Courtroom Jackson Square 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 stipu- safety of persons or property or their protection from lated in the Contract Documents, and if bonds have been damage, injury or loss. furnished as provided in Paragraph 7.5, the written con- sent of the surety to the payment of the balance due for 10.2.3 The Contractor shall erect and maintain, as re- that portion of the Work fully completed and accepted quired by existing conditions and the progress of the shall be submitted by the Contractor to the Construction Work, all reasonable safeguards for safety and protection, Manager prior to certification of such payment. Such pay- including posting danger signs and other warnings against ment shall be made under the Terms and Conditions gov- hazards, promulgating safety regulations and notifying eming final payments, except that it shall not constitute a owners and users of adjacent utilities. waiver of claims. 10.2.4 When the use or storage of explosives or other 9.9.4 The making of final payment shall, after the Date hazardous materials or equipment is necessary for the of Substantial Completion of the Project, constitute Date execution of the Work, the Contractor shall exercise the a waiver of all claims by the Owner except those arising utmost care and shall carry on such activities under the from: supervision of properly qualified personnel. .1 unsettled liens; 10.25 The Contractor shall promptly remedy all damage 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 redly or indirectly employed by any of them, or by any - 4 terms of anv 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 ploved by any of them, or by anvone 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 418 out limitation those establishing obligations and proce- 10.2.6 The Contractor shall designate a responsible dures, shall remain in full force and effect notwithstand- member of the Contractor's organization at the site ing the making or acceptance of final payment prior to whose duty shall be the prevention of accidents. This the Date of Substantial Completion of the Project. person shall be the Contractor's superintendent unless AIA DOCUMENT A201 /CM • GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AAA* • S 1980 • THE 17 A201/CM — 1980 AMERICAN,INSTITUTE OF ARCHITECTS r39 NEW YORK AVE N W WASHINGTON. D C 2IX1 WARNING: Unlicensed photocopying violates U.S. copyright taws and Is whited to legal Prosecution- • 10/10/94 GENERAL CONDITIONS 00750 - 17 Judge Miller's Courtroom Jackson Square otherwise designated by the Contractor in writing to the 11.2 OWNER'S LIABILITY INSURANCE Owner and the Construction Manager. 11.2.1 The Owner shall be responsible for purchasing 10.2.7 The Contractor shall not load or permit any part and maintaining Owner's liability insurance and, at the of the Work to be loaded so as to endanger its safety. Owner's option, may purchase and maintain insurance for protection against claims which may arise from 10.3 EMERGENCIES operations under the Contract. 10.3.1 In any emergency affecting the safety of persons 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 against the perils of fire and extended coverage and shall ARTICLE 11 include all risk" insurance for physical loss or damage INSURANCE Including, without duplication of coverage, theft, van- dalism and malicious mischief. If the Owner does not 11.1 CONTRACTOR'S LIABILITY INSURANCE intend to purchase such insurance for the full insurable 11.1.1 The Contractor shall purchase and maintain insur- value of the entire Work, the Owner shall inform the 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 darn- .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- surance on portions of the Work stored off the site or in .3 claims for damages because of bodily injury, sick- transit when such portions of the Work are to be in- ness or disease, or dead of any person other than eluded in an Application for Payment under Subpara- the Contractor's employees; 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 any person as a result of an offense directly or boiler and machinery insurance as may be required by indirectly related to the employment of such per- the Contract Documents or by law. This insurance shall son by the Contractor, or (2) by any other person; include the interests of the Owner, the Construction Man - .5 claims for damages, other than to the Work itself, alter, 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 Cori- 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. yaIidity. 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 11.33 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- mittal 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. MA DOCUMENT A201!CM • GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIAa • 1980 • THE A201 /CM —1980 18 AMERICAN INSTITUTE OF ARCHITECTS. 1733 NEW YORK AVE . 5 W Ly'ASHI\C OS 0 C '00.1• . WARNING: Unlicensed photocopying violates U.S. copyright taws and is subfeCt to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 18 Judge Miller's Courtroom Jackson Square 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 Tim' 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. lion Manager, separate contrctors, Subcontractors and 12.1.2 The Owner, without Invalidating the Contract, Sub- subcontractors by approc ^ate agreements, written ma\ order changes in the Work within the general scope s.here legally required for 'ar.d ty, similar waivers each or the Contract consisting of additions, deletions or other in favor of all other parties enumerated in this Sub- revision 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 more accordance with such agreement as the parties in interest of the following ways: may reach, or in accordance with an award by arbitration in which case the procedure shall be as provided in Para- .1 by mutual acceptance of a lump sum properly graph 7.9. If after such loss no other special agreement itemized and supported by sufficient substantiating • is made, replacement of damaged Work shall be covered data to permit evaluation; by an appropriate Change Order .2 by unit prices stated in the Contract Documents or 11.3.8 The Owner. as trustee shall have power to adjust subsequently agreed upon; and settle any loss with the Insurers unless one of the .3 by cost to be determined in a manner agreed upon . parties in interest shall object, n writing within five days by the parties and a mutually acceptable fixed or after the occurrence of loss, to the Owner's exercise of percentage fee; or 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 tribution. Architect, after consultation with the Construction Man - 11.3.9 If the Owner finds it necessary to occupy or use ager, on the basis of the reasonable expenditures and a portion or portions of the Work prior to Substantial savings of those performing the Work attributable to the Completion thereof, such occupancy shall not commence change, including, in the case of an increase in the Con - prior to a time mutually agreed to by the Owner and the tract Sum. a reasonable allowance for overhead and , Contractor and to which the insurance company or com- prollt. In such case, and also under Clauses 12.1.3.3 and panies providing the property insurance have consented 12.1.3.4 above, the Contractor shall keep and present, in by endorsement to the polio or policies. This insurance such Corm as the Owner, the Architect or the Construc- shall not be canceled or lapsed on account of such partial lion Manager max prescribe. an itemized accounting to- occupancy. Consent of the Contractor and of the insur- gether ■sith appropriate supporting data for inclusion in ance company or companies such occupancy or use a Change Order. Unless otherwise provided in the Con - shall not be unreasonably with'•eld. tract Documents, cost shall be limited to the following: cost or 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. non insurance. bond premiums; rental value of equip - however caused. The Owner waives all rights of action ment and machinery; and the additional costs of super - against the Contractor for loss of use of the Owner's vision and Held office personnel directly attributable to property, including consequential losses due to fire or the change. Pending final determination of cost to the other hazards however caused. to the extent covered by Owner. payments on account shall be made on the Ar- insurance under this Paragraph 11.4. chitect's approval of a Project Certificate for Payment. • AIA DOCUMENT A201 /CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIA • © 1980 • THE 19 A201 /CM —1980 AMERICAN INSTI1l TE OF sRCHII ECTS 1 NEN 1ORK AVE . \ 51 . 51.ASHINGTON, 0 C 2000, WARNING: Unlicensed photocopying violates U.S. copyright WAS and is subject to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 19 Judge Miller's Courtroom Jackson Square - The amount of credit to be allowed by the Contractor to Contract Sum or extension of the Contract Time_and not the Owner for any deletion or change which results in a inconsistent with the intent of the Contract Documents. net decrease in the Contract Sum will be the amount of Such changes shall be effected by written order issued the actual net cost as confirmed by the Architect after through the Construction Manager, and shall be binding consultation with the Construction Manager. When both on the Owner and the Contractor. The Contractor shall additions and credits covering related Work or substitu- carry out such written orders promptly. tions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the ARTICLE 13 net increase, if any, with respect to that change. UNCOVERING AND CORRECTION OF WORK 12.1.5 If unit prices are stated in the Contract Docu- UNCOVERING OF WORK ments or subsequently agreed upon, and if the quantities 13.1 originally contemplated are so changed in a proposed 13.1.1 If any portion of the Work should be covered Change Order that application of the agreed unit prices contrary to the request of the Architect or the Construc- to the quantities of Work proposed will cause substantial tion Manager. or to requirements specifically expressed in inequity to the Owner or the Contractor, the applicable the Contract Documents, it must, if required in writing by unit prices shall be equitably adjusted. either, be uncovered for their observation and shall be replaced at the Contractor's expense. 12.2 CONCEALED CONDITIONS 13.1.2 If any other portion of the Work has been coy- 12.2.1 Should concealed conditions encountered in the ered which the Architect or the Construction Manager performance of the Work below the surface of the ground has not specifically requested to observe prior to its being or should concealed or unknown conditions in an existing covered, either may request to see such Work and it shall structure be at variance with the conditions indicated by be uncovered by the Contractor. If such Work be found the Contract Documents, or should unknown physical in accordance with the Contract Documents, the cost of conditions below the surface of the ground or should uncovering and replacement shall, by appropriate Change concealed or unknown conditions in an existing strut- Order, be charged to the Owner. If such Work be found ture of an unusual nature, differing materially from those not in accordance with the Contract Documents, the ordinarily encountered and generally recognized as in- Contractor shall provided for in this Con- pay such costs unless Owe or a e d that herent in work of the character te P 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 123.1 If the Contractor wishes to make a claim for an •rejected by the Architect or the Construction Manager as 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- pietion 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) anv y.ritten in- from the O%Aner to do so unless the Owner has previ- terpretation pursuant to Subparagraph 2.3.11, any or- oust given the Contractor a written acceptance of such der by the Owner to stop the Work pursuant to Para- condition. This obligation shall survive both final payment graph 3.3 where the Contractor was not at fault, or any for the Work or designated portion thereof and termina- such order by the Construction Manager as the Owner's tion of the Contract. The Owner shall give such notice agent, (3) any written order for a minor change in the promptly after discovery of the condition. Work issued pursuant to Paragraph 12.4, or (4) failure of 13.2.3 The Contractor shall remove from the site all payment by the Owner pursuant to Paragraph 9.7. the Contractor shall make such claim as provided in Sub- portions of the Work which are deiectRRe or nonconform- paragraph 12.3.1. ing and which nave not been corrected under Subpara- 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 A201/CM • GENERAL CONDITIONS OF THE CONTRAC' FOR CONSTRUCT O\ CONSTRUCTION MANAGEMENT EDITION • IUNE 1980 EDITION • AIAt • 1980 • THE AMERICAN INSTITUTE OF ARCHITECTS 1'1; NEW YORK AVE V. N ASHINGTON. D.0 ?NM A201 /CM — 1980 20 WARNING: LIRteensed photocopying viotates U.S. copyright laws and is subject to legal prosecution. J 10/10/94 GENERAL CONDITIONS 00750 - 20 Judge Miller's Courtroom Jackson Square 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 tect issued through the Construction Manager, the Owner contract with the Contractor, or if the Work should be may remove it and may store the materials or equipment stopped for a period of thirty days by the Contractor be- at the expense of the Contractor. If the Contractor does cause of the Construction Manager's failure to recom- not pay the cost of such removal and storage within ten mend or the Architect's failure to issue a Project Certifi- days thereafter, the Owner may, upon ten additional cate for Payment as provided in Paragraph 9.7 or because days' written notice, sell such Work at auction or at pri- the Owner has not made payment thereon as provided in 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 tect's and the Construction Manager's additional services recover from the Owner payment for all Work executed made necessary thereby. If such proceeds of sale do not and for any proven loss sustained upon any materials, cover all costs which the Contractor should have borne, equipment, tools. construction equipment and machinery, the difference shall be charged to the Contractor and an including reasonable profit and damages. appropriate Change Order shall be issued. If the payments 14.2 TERMINATION BY THE OWNER then or thereafter due the Contractor are not sufficient to 14.2.1 If the Contractor is adjudged a bankrupt, or cover such amount, the Contractor shall pay the differ- ence to the Owner. makes a general assignment for the benefit of creditors, 13.2.6 The Contractor shall bear the cost of making or if a receiver is appointed on account of the Contrac- good all work of the Owner or separate contractors de- tor's insolvency, or if the Contractor per_ sightly or re stroyed or damaged by such correction or removal. peatedly refuses or fails, except in cases f which exten- 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 non, 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 .even dass 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 ' •uch action, mas, niter seven days following receipt by within which proceedings may be commenced to estab- the Contractor of an additional written notice and with - Iish the Contractor's liability with respect to the Contrac- out prejudice to any other remedy the Owner may have, tor's obligations other than specifically to correct the terminate the employment of the Contractor and take Work possession of the site and of all materials, equipment, 13.3 ACCEPTANCE OF DEFECTIVE OR tools, construction equipment and machinery thereon NONCONFORMING WORK owned by the Contractor and may finish the Work by 13.3.1 If the Owner prefers to accept defective or non- whatever methods the Owner may deem expedient. In conforming Work, the Owner may do so instead of requir• uch case the Contractor shall not be entitled to receive ing its removal and correction, in which case a Change am further payment until the Work is finished. Order will be issued to reflect a reduction in the Contract 14.2.2 If the unpaid balance of the Contract Sum ex- Sum where appropriate and equitable. Such adjustment ceeds the costs of finishing the Work, Including compen- shall be effected whether or not final payment has been cation for the Architect's and the Construction Manager's made. 3ddtional writes made necessar hereby. such excess ,hall he D,d to the Contractor If such costs exceed the ARTICLE 14 unpaid b,:iance the Contractor shall pay the difference TERMINATION OF THE CONTRACT to the Oooner The amount to be paid to the Contractor or to the Owner as the case may be. s hall be certified by 141 TERMINATION BY THE CONTRACTOR the Architect. upon application, in the manner provided 14.1.1 If the Work is stopped for a period of thirty days in Paragraph 9.4. and this obligation for payment shall under an order of any court or other public authority , uro r the termination of the Contract. AIA DOCUME•T A201:CM • GENERAL COND'TiONS OF THE CONTRACT FOR CONSTRICTION CONSTRCCTON ■IANAGE.IENT iDITION • iLNE 7980 EDMON • U.AS • ..^61980 • THE 21 A201 /CM — 1980 ANrRIGAN i\S-' OF ARC:i..' • CT %E0 NORA A\E \ ■0 V. As HNCTON 0 C 20006 WARNING: Unlicensed photocopying violates US. copyright laws and Is subject to legal prosecution. 10/10/94 GENERAL CONDITIONS 00750 - 21 Judge Miller's Courtroom Jackson Square t it • € �gg t g� I SECTION 00800 Coo 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 a* expressly noted in the Scope of Work or the General Requirements of the Contract." 2. Subparagraph 1.2.1 - delete in its entirety. 3. Add new subparagraph 1.2.5 as follows: "Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work." 4. Add new subparagraph 1.3.2 as follows: "Unless otherwise provided in the Contract Documents, the Trade Contractor will be furnished, free of charge, all copies of Drawings and Specifications reasonably necessary for the execution of the Work." ARTICLE 2 1. Subparagraph 2.2.1 - after the word "representative ", add: "The term Construction Manager means the Construction Manager acting through his authorized representative." 2. Subparagraph 2.3.4 - first sentence after the word "Architect," add "along with the Construction Manager." 3. Subparagraph 2.3.7 - after the word "properly," add: "It is the intent of the Contract Documents to allow the Construction Manager to schedule the performance of all Work 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 1 Judge Miller's Courtroom Jackson Square and the contractors are expected to follow all such schedule direction. Should a contractor, either in person or through his subcontractor, supplier, or vendor, fail to maintain progress according to the Project Schedule and approved Contractor's Schedule, or cause delay to another Contractor: he shall furnish additional labor and /or services such as overtime as may be necessary to bring his operations up to schedule, all at no additional cost to the Owner." 4. Subparagraph 2.3.15 - delete in its entirety. 5. Subparagraph 2.3.18 - delete the word "reasonable" in the sixth (6th) line. After the word "promptness ", add "consistent with the constraints of the project schedule so as to cause no delay." 6. Subparagraph 2.3.21 - first line - delete the words "the Construction Manager will assist the Architect ", and substitute, "The Architect will assist the Construction Manager." • 7. Subparagraph 2.3.23 - delete the phrase "against whom the Contractor makes no reasonable objection and." Also, delete the last sentence in the subparagraph'in its entirety. ARTICLE 3 1. Subparagraph 3.2.1 - delete in its entirety. 2. Subparagraph 3.3.1 - delete from the last sentence the phrase, "..., except to the extent required by Subparagraph 6.1.3 ". 3. Subparagraph 3.4.1 - substitute three (3) days notice in each case for the seven (7) day notices stipulated. Add at end of subparagraph the following: "In the event of clean- up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of a serious nature, as determined by the CM, notice will given, and contractor is required to rectify deficiency immediately." ARTICLE 4 1. Subparagraph 4.1.1 - delete in its entirety and insert the following: "The Contractor is the same person or entity identified as the Trade Contractor. A Trade Contractor is the person or entity identified as such in the Agreement between the Owner or Construction Manager and a Trade Contractor. The term Trade Contractor includes one who furnishes material worked to a special design but does not include one who furnishes 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 2 Judge Miller's Courtroom Jackson Square material not so worked and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Trade Contractor means the Trade Contractor or his authorized representative." 2. 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." 3. Add new subparagraph 4.4.4 as follows: "The Trade Contractor shall be.totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment." 4. Add new subparagraph 4.4.5 as follows: "The Trade Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Trade Contractor agrees to cooperate with the Construction Manager, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected." 5. Subparagraph 4.7.1 - delete in its entirety and replace with: "The Contractor shall secure and pay for all permits, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Owner will not assess any County permit or County impact fees. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc. from the City of Key West Building Department." 6. Subparagraph 4.8 - delete in its entirety. 7. Subparagraph 4.9.1 - add the following sentence: "The superintendent shall be satisfactory to the Construction Manager and shall not be changed except with 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 3 Judge Miller's Courtroom Jackson Square the consent of the Construction Manager, unless the superintendent proves to be unsatisfactory to the Trade Contractor or ceases to be in his employ." 8. Subparagraph 4.10.1 - add the following sentence: "This schedule, to be submitted within three (3) days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to the Construction Manager's approval." 9. 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 pror'ems." 10. Add new subparagraph 4.12.9: "If materials specified in the Contract Documents are not available on the present market, the Trade Contractor may submit data on substitute materials through the Construction Manager to the Architect /Engineer for approval by the Owner." 11. Subparagraph 4.14.1 - add at line 3 after "properly ": "He shall also provide protection of existing work as required." 12. Subparagraph 4.14.2 - at end of paragraph, add: "When structural members are involved, the written consent of the Architect /Engineer shall also be required. The Trade Contractor shall not unreasonably withhold from the Construction Manager or any separate contractor his consent to cutting or otherwise altering the Work." 13. Add new subparagraph 4.14.3: "The Trade Contractor shall arrange for any blockouts, cutouts, or opening required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Trade Contractor shall be further responsible for sealing and /or finishing, in an acceptable fashion and meeting any applicable code requirements, any such block -out, cutout opening, or other hole in any fire -rated floor, ceiling, wall, security wall, or any other finished surface ". 14. Subparagraph 4.15.1 - at end of paragraph, add: "Clean up shall be performed to the satisfaction of the Owner or Construction Manager." 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 4 Judge Miller's Courtroom • Jackson Square 15. Add new subparagraph 4.16.2: "The Trade Contractor shall promptly return telephone calls or respond to any other form of communication initiated by the Construction Manager. Failure to promptly do so shall be considered a lack of performance on the part of the Trade Contractor, and may be considered grounds for replacement of site personnel." 16. 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 Trade Contractor. The correspondence shall be directed to: Mr. Patrick Jennings Morrison- Knudsen /Gerrits 5090 College Road Key West, Florida 33040 or hand delivered to Morrison - Knudsen /Gerrits' office. Serialization procedures will be provided to the Trade Contractor in the pre- construction meeting." Each trade contractor shall be required to check his designated mailbox regularly. This mailbox will be made available, and located by the Construction Manager. 17. Subparagraph 4.18 - delete in its entirety and insert "Indemnification and Hold Harmless" and the following: "The Contractor covenants and agrees to indemnify and hold harmless Monroe County, Monroe County Board of County Commissioners, and Morrison - Knudsen /Gerrits from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County and Morrison - Knudsen /Gerrits) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with,.or by reason of services provided by the Contractor or any of its subcontractors in any tier, occasioned by the negligence or other wrongful act or omission of the Contractor or its subcontractors in any _tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement." I 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 5 Judge Miller's Courtroom Jackson Square ARTICLE 5 1. Subparagraph 5.2.3 - delete in its entirety and insert the following: "If the Owner or Construction Manager refuses to accept any person or entity on a list submitted by the Trade Contractor in response to the requirements of the Contract Documents, the Trade Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution." ARTICLE 6 1. Subparagraph 6.1.1 - delete the last sentence. 2. Subparagraph 6.1.3 - 0 lete in its entirety, and insert the following: "It shall be the responsibility of each contractor to coordinate his work with the work of other contractors on the site. The Owner and Construction Manager shall be held harmless of any and all costs associated with improper coordination." 3. Subparagraph 6.2.5 - sixth line, after the word "initiates," delete the words "an arbitration proceeding" and substitute "a claim;" tenth line, delete the words "at the Owner's expense, and "; thirteenth line, after the words "and court or," delete the word "arbitration" and substitute "claim." 4. Add new subparagraph 6.2.6: "Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify the Construction Manager in writing, of his contention: Setting forth (A) The cause for the delay, (B) A description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to the Construction Manager with (72) hours after the delay has ceased tc exist. It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Construction Manager for an increase in the contract price, 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 6 Judge Miller's Courtroom Jackson Square gibe nor a claim against the Owner or Construction Manger for a payment or allowance of any kind for damage, loss or expense resulting from delays: Nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time." ARTICLE 7 1. Subparagraph 7.1.1 - delete in its entirety and insert the following: "The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida." 2. Subparagraph 7.2.1 - delete in its entirety and insert the following: "The Owner or Construction Manager (as the case may be) and • the Trade Contractor each binds himself, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other." 3. Add new Subparagraph 7.2.2: "The Trade Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Construction Manager." 4. Subparagraph 7.8.1 - delete in its entirety. 5. Paragraph 7.9 'Arbitration' and all associated subparagraphs 7.9.1, 7.9.2, & 7.9.3 - delete in their entirety. ARTICLE 8 1. Subparagraph 8.3.1 - delete in its entirety and insert the following: "If the Trade Contractor is delayed, at any time, in the progress of the Work, by any act or neglect of the Owner, Construction Manager, or the Architect /Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Trade Contractor's control, or by delay authorized by the Owner, Construction Manager, or by any other cause which the Construction Manager determines may C le justify the delay, then the Contract Time shall be extended 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 7 Judge Miller's Courtroom Jackson Square by no cost Change Order for such reasonable time as the Construction Manager may determine, in accordance with subparagraph 6.2.6." 2. Subparagraph 8.3.2 - replace the remainder of the Paragraph after the word "waived" in line 4 with the following: "Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Trade Contractor shall report the termination of the cause for the delay within twenty (20) days after such termination; otherwise, any claim for extension of time based upon that cause shall be waived." 3. Subparagraph 8.3.4 - delete in its entirety and insert the following: "It shall be recognized by the Trade Contractor that he may reasonably anticipate that as the job progresses, the Construction Manager will be making changes in, and updating Construction Schedules. No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules which are of the type ordinarily experienced in projects of similar size and complexity." 4. Add new subparagraph 8.3.5: "If the Project is delayed as a result of the Trade Contractor's refusal or failure to begin the Work on the date of commencement as defined in paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Trade Contractor causing the delay shall be liable, but not limited to, delay claims from other Trade Contractors which are affected." ARTICLE 9 1. Subparagraph 9.3.3 - add at line 14 after the word "person ": "All Trade Subcontractors and Trade Sub - subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Trade Contractor." 2. Subparagraph 9.5.1 - add: "From the total of the amount determined to be payable on a progress payment, 10 percent of such total amount will be deducted and retained by the Owner until final payment is made. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. When not less than 95 percent of the work has been completed, the Owner may, at his /her discretion (and with the consent of the surety), prepare an estimate from which will be retained an amount not less than twice the contract value or 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 8 Judge Miller's Courtroom Jackson Square estimated cost, (whichever is greater), of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by the Construction Manager to be a part of the final quantity for the item of work in question. No progress payment shall bind the Owner to the acceptance of any materials or work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 3. Add new subparagraph 9.5.6: "All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Trade Contractor from the sole responsibility for the materials and work upon which payments have been made or the restoration for any damaged material, or as a waiver to the Colf 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 Trade Contractor has some other justifiable reason for delay, the Trade Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Trade Contractor shall pay, to each of his Trade Subcontractors, not later than the end of the calendar month in which each payment is made to the Trade Contractor, the representative amount allowed the Trade Contractor on account of the work performed by his Trade Subcontractor interest therein. The Trade Contractor shall, by an appropriate agreement with each Trade Subcontractor, also require each Trade Subcontractor to make payments to his suppliers and Trade Sub - subcontractors in a similar manner." 5. Subparagraph 9.6.1 - delete in its entirety and insert the following: "The Construction Manager /Architect may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Trade Contractor and Construction Manager cannot agree on a 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 9 Judge Miller's Courtroom. Jackson Square revised amount, the Construction Manager shall process the Application for the amount he deems appropriate. The Construction Manager may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, he may nullify, in whole or part, any approval previously made to such extent as may be necessary in his opinion because of: (1) defective work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Trade contractor to make payments properly to Trade Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to the Construction Manager, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. 9.6.1.1 No payment shall be made to the Trade Contractor until certificates of insurance or other evidence of compliance by the Trade Contractor, within all the requirements of Article 11, have been filed with the Owner and • Construction Manager. Further, no payments on the basis of work performed by a Trade Subcontractor shall be paid until copies of all bonds required by Paragraph 7.5 and any certificates of insurance required of the Trade Subcontractors under Article 11 have been filed with the Owner." 6. Paragraph 9.7 - delete in its entirety. ARTICLE 10 1. Paragraph 10.2.5 - second sentence - 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 governed by this contract (including the pre- staging of personnel and material), the Contractor shall obtain, at their own expense, insurance as specified in the attached schedules, which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 10 Judge Miller's Courtroom Jackson Square The Contractor will not be permitted to commence work governed by the Agreement (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall provide, to the County in care of the Construction Manager, as satisfactory evidence of the required insurance, either: o Certificate of Insurance or o A certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, it's employees and officials, and Morrison Knudsen /Gerrits will be included as "Additional Insured" on all policies, except for Worker's Compensation. 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 11 Judge Miller's Courtroom Jackson Square In addition, the County will be named as an additional insured and loss payee on all policies covering County -owned . property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 12 Judge Miller's Courtroom Jackson Square A� ■i 21 1913 IM 11xe.ie GENERAL LIABILITY • As a minimum, the required general liability coverages will include: • Premises Operations • Produds and Completed Operations • Blanket Contractual • Personal Injury • Expanded Definition of Property Damage • Required Limits: GLI $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage Of $300,000 Combined Single Limit • GL2 S250,000 per Person; $500,000 per Occurrence 550,000 Property Damage Of • 5500,000 Combined Single Limit GL3 5500,000 per Person; 51,000,000 per Occurrence 5100,000 Property Damage or S1,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability All endorsements are required to have the same limits as the basic policy. L Admmianti.e 1rrCructia• INSCK LST N -0707 01 7 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 — 13 Judge Miller's Courtroom Jackson Square April 12,1913 la Mie' ,VEHICLE LIABILITY As a minimum, coverage should extend to liability for: • Owned; Nonowncd; and Hired Vehicles Required Limits: VLI 550,000 per Person: 5100,000 per Occurrence 525,000 Property Damage or 5100,000 Combined Single Limit VL2 _,/( 5100,000 per Person; 5300,000 per Occurrence 550,000 Property Damage or 5300,000 Combined Single Limit • VL3 5500,000 per Person; 51,000,000 per Occurrence 5100,000 Property Damage • or S1,000,000 Combined Single Limit MISCELLANEOUS COVERAGES C BR I Builders' Limits equal to the Risk completed project. MVC Motor Truck Limits equal to the maximum Cargo value of any one shipment. PROI Professional S 250,000 per Occurrence/S 500,000 Agg. PRO2 Liability S 500,000 per Occurrence/S1,000,000 Agg. PROS 51,000,000 per Occurrence/S2,000,000 Agg. POLI Pollution S 500,000 per Occurrence/$I,000,000 Agg. POL2 Liability 51,000,000 per Occurrence/S2,000,000 Agg. POL3 55,000,000 per Occurrence/$ 10,000,000 Agg. EDI Employee S 10,000 ED2 Dishonesty 5100,000 GK I Garage S 300,000 (S 25,000 per Veit) GK2 Keepers S 500,000 (5100,000 per Veh) GK3 $1,000,000 (5250,000 per Veh) MEDI Medical S 500,000 /5 1,000,000 Agg. • MED2 Professional 51,000,000 /5 3,000,000 Agg. MED3 $5,000,000/510,000,000 Agg. Adn,.nientive Intnutia• INSCK LS'F N4709 01 1 8 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 — 14 Judge Miller's Courtroom Jackson Square Api 22, I9•3 IA hitting IF Installation Maximum value of Equipment Floater Installed VLP1 llazardous S 300,000 (Requires MCS -90) VLP2 Cargo S 500,000 (Requires MCS -90) VLP3 Transporter $1,000,000 (Requires MCS -90) BLL Bailee Liab. Maximum Value of Property • IIKLI Hangarkecpers S 300,000 FIKL2 Liability S 500,000 HKL3 $ 1,000,000 AIR I Aircraft $25,000,000 AIR2 Liability $ 1,000,000 A1R3 $ 1,000,000 AEO1 Architects Errors $ 250,000 per Occurrence/5 500,000 Agg. AEO2 & Omissions $ 500,000 per Occurrence/51,000,000 Agg. AE03 $ 1,000,000 per OccurTCneeJS3,000,000 Agg. INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES { Liability policies are Occurrence Claims Made Insurance Agency Signature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature nMR,;n w.h;,r Irml rm Ion INSCKLS'r r 4709.0 r 9 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 — 15 Judge Miller's Courtroom Jackson Square MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages mat kcd with an "X' wiII be required in the event an award is made lo your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. 11 is also required that the bidder sign the form and submit it with each proposal. WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X _ Workers' Compensation Statutory Limits WC I Employers Liability $100,000/$500,000/S 100,000 WC2 X Employers Liability $500,000/$500,000 /$500,000 WC3 Employers Liability $1 ,000,000 /$1,000,000/$1,000,000 WCUSLH US Longshoremen & Same as Employers' Harbor Workers Act Liability WCJA Federal Jones Act Same as Employers' • Liability C Admmi4ntive lrrtrudins INSCKLST V4709 01 p 6 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 — 16 Judge Miller's Courtroom Jackson Square 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,jand attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATE ON , 19 (NAME OF PRINCIPAL) BY (AS ATTORNEY IN FACT) (NAME OF SURETY) 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 17 Judge Miller's Courtroom Jackson Square 11.1.8 Throughout the term of the contract, the Owner shall purchase and maintain property insurance on the completed value of the permanent facility only. The completed value is defined as all material, labor, supplies, and equipment intended to be incorporated in and to become a permanent part of the completed facility. Such insurance shall include perils of fire, lightning, and extended perils. The facility as defined for this paragraph includes structures as defined in the contract drawings and specifications. Notwithstanding any provisions contained in this paragraph, the Contractor shall be responsible for the first $10,000 on any loss governed by this section. The Contractor understands that the Owner's property insurance policy contains certain exclusions which are available upon request from the Construction Manager. 11.1.9 Public Con. :ruction Bond The Owner shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner in this section as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. ARTICLE 12 1. Subparagraph 12.1.2 - Add to end of paragraph, "The Construction Manager will prepare each Change Order in the format of the 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 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 18 Judge Miller's Courtroom Jackson Square the work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to the Construction Manager with all supporting documentation required by the Construction Manager for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; workers' or workmen's compensation insurance; and the rental value of equipment and machinery. Mark -ups for overhead and profit will be in accordance with subparagraph 12.1.6. Pending final determination of cost, payments on account shall be made as determined by the Construction Manager. The amount of credit to be allowed by the Trade Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in 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 Workman's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered, the credit shall be the net cost. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home /field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: • 12.1.6.1 If the Trade Contractor performs the actual Work, the percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15 %). 12.1.6.2 If the Trade Subcontractor performs the actual Work, the percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15 %). If the Trade Contractor does not enter into the Work, the maximum mark up for managing this work will be ten percent (10 %). 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 19 Judge Miller's Courtroom Jackson Square 12.1.6.3 If the Trade Subcontractor performs part of the actual work, his percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15 %) on his direct work only. If the Trade Contractor performs part of the actual work, his percentage mark -up for overhead and profit shall be a maximum addition of fifteen percent (15 %) on his direct work only. 5. Add new subparagraph 12.1.7: "The Trade Contractor shall furnish to the Owner through the 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 Construct on Manager at no additional cost to the Owner." 6. Subparagraph 12.3.1 - delete in its entirety and insert the following: "If the Trade Contractor claims that any instructions given to him by the Construction Manager, by drawings or otherwise, involve extra work not covered by the Contract, he shall give the Construction Manager written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Trade Contractor shall proceed in accordance with Paragraph 10.3. The written notice to the Construction Manager for the extra work shall include a complete description of the extra work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark -ups shall be limited as specified elsewhere in this Article. Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this Subparagraph is given by the Trade Contractor." 7. Subparagraph 12.3.2 - change the word 'agent' in the 7th line, to 'representative', 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." 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 20 Judge Miller's Courtroom Jackson Square IL; 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 8th line, delete the phrase, "..., or if the Work should be stopped for a period of thirty days by the CONTRACTOR because of the CONSTRUCTION MANAGER'S failure to recommend or the ARCHITECT'S failure to issue a Project Certificate for Payment as provided in Paragraph 9.7 or because the OWNER has not made payment thereon as provided in Paragraph 9.7 ". 2. Subparagraph 14.1.1 - add to the last sentence: "excluding home office overhead." 3. Subparagraph 14.2.1 - change the words 'seven days' in the 13th and 18th line, to '72 hours'. * * * ** *END OF SECTION 00800 * * * * ** 10/10/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 21 Judge Miller's Courtroom Jackson Square 1 1 a q 1 CONTRACTOR'S ARCHITECT Q AFFIDAVIT OF CONTRACTOR 0 PAYMENT OF OTHER DEBTS AND CLAIMS AIA Document G706 TO (Owner) ARCHITECT'S PROJECT NO: E — 1 CONTRACT FOR: L J CONTRACT DATE: PROJECT: (name, address) State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AIA Document A201, hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any wad be held responsible. EXCEPTIONS: (If none, write "None ". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: 1. Consent of Surety to Final Payment. Whenever Surety is involved, Consent of Surety is required. AIA DOCUMENT G707, CONSENT OF SURETY, Address: may be used for this purpose. Indicate attachment: (yes ) (no ). The following supporting documents should be at- tached hereto if required by the Owner: BY: 1. Contractor's Release or Waiver of Liens, condi tional upon receipt of final payment. Subscribed and sworn to before me this 2. Separate Releases or Waivers of Liens from Sub- day of 19 contractors and material and equipment sup- pliers, to the extent required by the Owner, ac- companied by a list thereof. Notary Public 3. Contractor's Affidavit of Release of Liens (AIA . • DOCUMENT G706A). My Commission Expires: AIA DOCUMENT G706 • CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS • APRIL 1970 EDITION ONE PAGE AIA' • t 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., NW. WASHINGTON. D.C. 20006 10/10/94 AFFIDAVIT OF PAYMENT OF DEBTS & CLAIMS 00900 -1 Judge Miller's Courtroom Jackson Square • t 1 t €E1 • CONTRACTOR'S ARCHITECT O AFFIDAVIT OF CONTRACTOR ❑ SURETY ❑ RELEASE OF LIENS OTHER AIA DOCUMENT G706A TO (Owner) ARCHITECT'S PROJECT NO: E 7 CONTRACT FOR: L J CONTRACT DATE: PROJECT: (name, address) State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AIA Document A201, hereby certifies that to the best of his knowledge, information and belief, except. as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors. all suppliers of materials and equip- ment, and all performers of Work, labor or services who have or may have liens against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: 1. Contractor's Release or Waiver of Liens, condi- tional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Sub- Address: contractors and material and equipment sup- pliers, to the extent required by the Owner, ac- companied by a list thereof. BY Subscwibed and sworn to before me this day of 19 Notary Public: My Commission Expires: AIA DOCUMENT G706A • CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS • APRIL 1970 EDITION • AIA'S ONE PAGE D 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 10/10/94 AFFIDAVIT OF RELEASE OF LIENS 00905 - 1 Judge Miller's Courtroom Jackson Square F i c g t I CONSENT OF OWNER ❑ ARCHITECT ❑ SURETY COMPANY CONTRACTOR ❑ c SURETY TO FINAL PAYMENT OTHER AIA DOCUMENT G707 PROJECT: (name, address) TO (Owner) T 7 ARCHITECT'S PROJECT NO: CONTRACT FOR: I CONTRACT DATE: CONTRACTOR: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the there insert name and address of Surety Company) , SURETY COMPANY, On bond of owe insert name and address of Contractor) • , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (hem insert name and address of Owner) , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 19 Surety Company Signature of Authorized Representative Attest: (Seal) : Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR 5 AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition AIA DOCUMENT G707 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 19'0 EDITION • ALAS ONE PAGE m 1970 • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., NW WASHINGTON. D.C. 20006 10/10/94 CONSENT OF SURETY TO FINAL PAYMENT 00910 - 1 Judge Miller's Courtroom Jackson Square [ rr E { c