07/28/1993 Agreement
Biscayne Chemical Company
New Detention Facility
CONTRACT KJ-032, BUILDING MAINTENANCE EQUIPMENT
I.
II.
III.
A.
B.
e.
D.
E.
F.
Form of Agreement
Public Construction Bond
Certificate of Insurance
Tablf: of Contents
Scope of Work - Bid Package 46C
Mile5tone Schedule
A.
Proposal Form, Pages DOlIO-C-2 through OOlIO.C-S, signed by bidder, and dated July 7, 1993
A.
B.
e.
D.
E.
F.
G.
H.
General Conditions
Supplementary Conditions
Project Safety & Health Plan
Comractor Quality Control Plan
Contractor's Affidavit of Payment of Debts
Contractor's Affidavit of Release of Liens
Cons'~nt of Surety to Final Payment
General Requirements
Application for Payment
Change Order Procedures
Projects Meetings
Submittals
Progress Schedules
Schedule of Values
Daily Construction Report
Document Clarification Requests
Testing Laboratory Services
Temporary Controls
Project Identification and Signs
Field Offices and Sheds
Construction Cleaning
Material and Equipment
Post-Bid Substitutions
Starting of Systems
Systems Demonstrations
Cont:~act Closeout
Final Cleaning
Project Record Documents
Operation and Maintenance Data
THE AMERICAN INSTITUTE OF ARCHITECTS
.;I!I'~..:.
\" ..
AlA Document A101/CM
CONSTRUCTION MANAGEMENT EDITION
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULA TED SUM
1980 EDITION
THIS DOCU,\-1E"T HAS /.'vtPORT.4.,"iT LEGAL CONSEQUE,'iCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED,
This document is intended to be used in conjunction with AlA Documents
A201/CM, 1980; B141/CM, 1980; and B801, 1980.
AGREEMENT No. KJ-032. Building Maintenance Equipment
made as of the r7 S +"'- day of
Hundred and n \ ~~ - ih,r.e €_ L I ci c,":) ') ,
SlIL I "-I
10 the year of Nineteen
BETWEEN the Owner:
Monroe County Board of C.,unty COITIllissioners
500 Whitehead Street
Key West. FL 33040
and the Contractor:
the Project:
Biscayne Chemical Company
1025 White Street
Key West, FL 33040
305/296-6600
New Detention Facility
5501 College Road. Stock Island
Key West. FL 33040
the Construction Manager:
Morrison Knudsen/Gerrits
the Architect:
Hansen Lind Meyer/Gonzalez
The Owner and the Contractor agree as set forth below.
Cop~right 1975, ~ 1980 by The American Institute of t\rchilects. 173S t'<<e\\ York A\enue, t'<<.W.. WashIngton, D.C 20006. Rl'-
production of the material herPin or su~tantial quotation of its provisions without written permiSSIon of the AlA violates the
copyright laws of the United States and will be subject to legal proseculion.
AlA OO<U\4E"'IT AlGl/CM . OW-.;ER-CO"TIl"CTOR AGREEME'IT . CO'iSTRl'CT10N
",,^"^GE.'\.IE-';T EDITlO.... . JUNE 1'lllO EDITIOS . ,..fA- . <<:lgeO . THE A,\IERICAN
INSTITUTE OF ARCHITECTS. 17JS "EW "Oh AVE, N,W" \\.-\5HINGTON, D.C. :!OC('O)
A101/CM - 1980 1
ARTICLE 1
THE CONTRACT DOCUMENTS
The Cc-~'act D-,cuments con' -: oi this -\greement, the Condllions or lhe Contract iGeneral, Supplementa" and
other C: 1dition;', the Dra\\ j" ;'. the SpecifiCJtions, all Addenda issued pnor to and all ,\~odltications issued aite,
executic:i 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
(H~re inser: the caption descriptive 01 the Work as used on a/her Contract Documenrs)
Bid Package No. 46C, Building Maintenance Equipment
ARTICLE 3
TIME OF COMMENCEMENT AND SU8ST ANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced on the date as establ ished in the Notice to
Proceed,
and, subject to authorized adjustmentsr Substantial Completion of the Work shall be achieved not later than the time
(Here ;n~ any sp~iat provisions lor Iiquid.cw damages retating lO failure to comptele on lime)
indicated in Section 00350, Milestone Schedule.
A.A ~(NT A1t1:CM . OWNER.CONTRACTOR AGR[["'ENT . CONSTRUCTION
M""AGt"P..T EDITION. JUNE 1980 EDITION. AlA- . ~1980 . THE AMERICAN
,,,qIT:": Of ARCHITtCTS, 17)5 NE\\ YORI( AVE. "W. \\'.'\SHINGlOs, 0 C. 2Inlll Al0l/C"\ -1980 2
1NAR,~INn' U..-.,...ud ohotococMncl vlolate$ us. copyright 1_ and ~ IUbjeet to Ie9-' proMCUtIon,
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contr~ctor in current funds for the periormance of the '.,\'or',:" subject to additions and
deductions by Change Order as provided in the Contract Documents, the Contract Sum of
Thirty Four Thousand Four Hundred Twenty Seven and Forty Eight Cents........................ $34,427.28
The Contract Sum is determined as follows:
(State here the base bid or other lump sum amount. accepted alternates and unit prices, as applicable.)
Base Bid, Bid Package No. 46C, Building Maintenance Equipment.............................. $34,427.28
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 day of each
month as follows:
Not later than Thirty (30) days following the end of the period covered by the Application for Payment,
Ni nety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and
equipment incorporated in the Work and Ninety percent ( 90 %) of the portion of the Contract
Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon
in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by
the Owner; and upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
One Hundred percent nOO %) of the Contract Sum, less such amounts as the Architect shall determine for
all incomplete Work and unsettled claims as provided in the Contract Documents.
(II not covered elsewhere in the Contract Documents, he,e insert any provision lor limiting or reducing the amount retained alter the Work reaches a certain
stage 01 complelion.)
Plrr~ts-dtle-and~md-tlfldef~€~1'a-et-~~~MH-be!lI"-t"~t-irorn-the~payrnen-t-r.,-~at'"'the-r:rte
~e red -bel ew-, -e,. +rt -tfle-ab~ -tftetee~, -a+- ~ ~~al- fak'- f>feva H i-og- -tH ~ ~aee -ot- tM- .fIrojeet,
~..w......~_~'-~~~~
IUsury laws and requi'emenrs unde, rh... federal Truth in lending Act. similar ,We and lonl consumer credit laW1 and orher regulatIOns dt the 0" "er's
.nd Contr.cIOl's ptlnClp~1 ptdCes 01 busi~. 1M loc...,on 0; (h~ Project and eo/st-where m.ly ..he-cl the \I.Jliu,ty of thIS pro\-ision. 5pe<dlC legJI dd\/(l' >hdU!,J
be obtained ,.,irh resp<'Cf to dr/...tion. modific~tion or oth...r requir_rs such ~s wmt...n dlSclosur~s 01 waiv~rs.)
AlA DOCUMENT Atll/CM . OWNERCO"TR~CTOR ACREEMENT . CONSTRUCTION
MANACL""ENT EDITION' JUNE 1~ EDITION' AlA- . il)1980 . THE AMERICAN
I"'STITL:TE Of ARCHITECTS, tnS NEW YOR~ AVE, '" W , "ASHI"'-GTON. 0 C. CUXlb Al0l/CM - 1980 3
wA~~' U~ ~ YIoI8tft u.s. c~t 1_ 8M .. MJbject to le9aI proMCUtIon,
ARTICLE 6
-----
FINAL PAYMENT
Fin.:d pa'rrr.ent. con,:llut:n,;; the c.:-::,re unp...,d bJLinCC uf t~c CCi:~:-~:t S:.;m ,hJ!! be pJld bv' the Ov\ner to the
Contractor when the Work has been completed, the Contract iully 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:
(U'I b~low Ih~ Ag'~emenf. Ihe Conditions of rhe Conl,acl/General, Supplement.')' and a/her Condi/lan;l. rhe Drawings, lhe Specifications, and any Addenda
and accepled afrernales, ,howing page 0' ,heer numbers in all cases and dales where .pplicable I
I. Bidding Documents
A. As enumerated in the attached Table of Contents pages 00001-1 through 00001-2, dated 5/25/93, as
amended by the addendum listed below.
B. Addendum No.1, dated 7/8/93.
II. Proposal Documents submitted by Biscayne Chemical Company on July 14, 1993.
A. Proposal Form, pages 00110-C-2 through 00110-C-8, signed by bidder and dated 7/7/93.
B. 5% Check, Bid Security.
AlA DOCUMENT A1I1/CM . O\\-;lR.co,rR~C10M ACRH.\Il"-;T . co,srRUCTlO'
MANAGEMENT EOlrlON . JU.'l 19a1lD:;,U' . ,~L". . ~lqllO . Hit AMERICA.,"
',"SIIICTE OF .~RO"T[CTS, 1~); ...tW )t)R~ ~\l ... W, W~SHI-;(;TO"-; 0 C. ~..,
r
A lOl/CM - 1980 4
7.3 Temporary facilities and services:
rHe'e insert (emporary facilIties and services \\hich Jre dif7e""?,,l from or in addirion ro tho)e -;c/uded ei)€where in the Contract Documen!~.)
Reference the documents j,sued for )idding.
7.4 Working Conditions:
(Here list .ny spec;.1 conditiOns .flecting the Con:r.c/ )
Reference the documents issued for bidding.
(Seal)
Attest:
Danny L. Kolhage. Clerk of the Court
"Approved as to Fonn and Legal Sufficiency"
Date:
tjJ Rjcz ;
Byl5?~.
Attorne Office
,
r- 2.-- ~ - C}_~
By:
b3~~d~u,)
eputtI'Clerk
Date:
This Agreement entered into as of the day and year first written above.
OWNER
CONTRACTOR
Monroe
Biscayne Chemical Company
"' /1'7 -/' /.i
.~""'" By: l,:/Cl (/; ".//,>/t:-;L;: /1 ~/..I/
//7 ..... .~ /
I ts:~. 1t/>rJ-I.,fU"J...-f.'/ J. '''-1 LP_, a~ f' /,
. - /
crJ
CAUTION: You should sign an orIginal AlA document which has this caution printed In red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AlA DOCU.\'U"OT AIOlrCM . OW"IERCO....TR..crOR ...CREE-.IENT . CO"STRL'CTIO"-'
~\A,"^GE~lf."T fDITlO" . /L.:SE lryfl(] fDITIO" . ~f~. . >1"80 . THf ^~I[RIC\"
".,muTE OF ~RCtjl fEC IS, l~j) NE\\ H)RJ; WE . ,,\\ \\ \SHI'oGTON, II C :OC'-'" A 101/C\\ - 1980 5
WARNING: Un~ photocopying vlolat.. US. copyright laws and is subject 10 legal pi'OMC\ItIon.
BOND NUMBER X03851
Public Construction Bond
BY THIS BOND, We BISCAYNE CHEMICAL COMPANY , as
Principal and PREFERRED NATIONAL INSURANCE COMPANY , a
corporation, as Surety, are bound to MONROE COUNTY. c/o MORRISON KRUDSEN/
GERRITS , herein called Owner, in the sum of $ 35,000.00-
for payment of which we bind ourselves, or heirs,
personal representatives, successors, and assigns, jointly and
severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated Tll1y 28,
, 19 qi , between Principal and Owner for construction of
Fl nnr r.1 p.<ln; ng F(}',; pmpnt- & ('.<lrpPt , 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
August 19,
, 19 93
BY
BISCAYNE CHEMICAL COMPANY
(NAME OF PRINCIPAL) ~
~~
(AS ATT~~ IN FACT
PREFERRED NATIONAL INSURANCE COMPANY
(NAME OF SURETY)
05/18/92
SUPPLEMENTARY GENERAL CONDITIONS
00800-16
Preferred National Insurance Company
Coral Springs, Rorlda
POWER OF A TIORNEY
-""'" uoitJ ~U iMtU ;(By 1rbtSt ~ftStUtS; That Preferred National Insurance Company, a corporation of the State of
Florida, by Stephen Weicholz, President, and Helene Weicholz, Secretary, in pursuance of authority granted by Article XI, Section 1 & 2 of the By-Laws
of said Company, which reads as follows:
ARTICLE XI, SECTION 1 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint
Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,
recognizances, contracts of indemnity and other writings obligatory in the nature thereof,
ARTICLE XI, SECTION 2 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or
Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and
such signature and seal when so used shall have the same force and effect as though manually fixed.
Does hereby nominate, constitute and appoint
Raymond O. Boon nad Raymond O. Boon, Jr.
its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company as surety, all bonds, undertakings and
contracts of suretyship in the amount not to exceed: FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)
Preferred National Insurance Company, as fully and amply, to all intents and purposes, as if they has been duly executed and acknowledged by the
regularly elected olficers of the Company at its office in Coral Springs, Florida, in their own proper persons,
The said Secretary does hereby certify that the aforegoing is a true copy of Article XI, Section 1 & 2 of the By-Laws of said Company, and is now in
force,
IN WITNESS WHEREOF, the said President and Secretary have hereunto subscribed their names and affixed the Corporation Seal of the said
Preferred National Insurance Company, this 8th day of Septe~~i;la~i.."
;'f'
~
Secretary
\.f~~~
l~(. ... ~
:} p,-"
ATTEST:
'~TE OF FLORIDA
,y OF CORAL SPRINGS
On this 8th day of September, A,D., 1989, before the subsc Public of the State of Florida, duly commissioned and qualified, came the
above named President and Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in
and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and edch
lor himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceeding instrument is the
Corporate Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation,
IN TESTIMONY WHEREOF, I have hereunto set my hanp.andaffixed my Official Seal, at the City of Coral Springs, the day and year first above
written.
Hi
**
.'"Notary Public Commission Expires May 24, 1993
--
~ Cr7.~. 06 Lv.:
ceRTIFICATE
I, the undersigned, Secretary of Prelerred National Insurance Company, do hereby certify that the original Power of Attorney of which the foregoing is a
full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the President who executed the said Power
of Attorney was specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article XI, Section 1 & 2 of the By-Laws of
the Prelerred National Insurance Company.
This Certificate may be signed by facsimile under anYJilt/aulf!9.r.y,.of"i~~
Company at a meeting duly called and held on the 8th"~.qfc.~p~,
towing resolution of the Board of Directors of Preferred National Insurance
'<<::'7')
~< 1',:, ,'3',':;.'\ \, -~,
Resolved, .That the facsimile or mechanically repro<;!u~sig'""p.!Ci#'!ilny
appearing upon a certified copy of any power of atto~ i~sued b~.l/1~ Co
P!fact as though manually affixed.'i 'i. .!! "!
h. fESTIMONY WHEREOF, I have hereunto sUbs.t
., "" ...,..A~.g~~,~.... "" ..., ,.., ",..., ',.., 19.,~}.., ,.,....,.
etary of the Company, whether made heretofore or hereafter, wherever
'Fshall be valid and binding upon the Company with the same force and
the corp~ Seal of the said Company, this....19t,h............. day of
~ U'"XL.$~1e1:(:?
Secretary
PNI-PA.101 (11/89)
"" .<
1D:305-292-9697 SEP 09'93
l:I:;KTll'U':A'Jb 01" INSURANCE
MONROE COUNTY
17:34 No.012 P.02
~1"jGERRITS
In OCllllldCl'ltlOn oC IlIe pmDiullll cIIIrJCld on Ulc Ialur1llCC polic:MlI aIlowIIln lllk certllcate, IhlI c:ertiflCate 1& .. 10 lbe ceI'lllbtt holder IIbowII below. TIliI
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BISCAYNE CHEMICAL
P.O. BOX 014341
MIAMI, FL. 33101
NAMB" AOOItI!SS 0/1 AOIlNCY:
MARSH & MCLENNAN
P.O. BOX 149012
CORAL GABLES, FL.
INC.
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AMERICAN MOTORIST INS.
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<>10 Ma.-rloon-Knud<lc.> W : ^W """'" ROpreloOllIolM'
5090 Colle~ Road -", _ loa, P.O. BOX 149012
Key Weal, florkla 3 CORAL GABLES, FL.
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At~ttlll.~. CEATIFICA T.... OF INSURANCE
PRODUCER
:oulton Boon
12000 Biscayne Blvd.. SuitE 502
Miarn~, FL 33181'-'270~
INSURED
Biscayne
1215 N.W..
Chem~cat Labo~~ator~e3
7th Av enuf.~
Miami
33136
C'
I '--
s_~p_ U 9 1993
ISSUE DATE (MM/DD/YY)
~~~ ~~ / ~~~~ ~.: / ~~,t :~:
I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND '
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
- '_."-'-'~
COMPANIES AFFORDING COVERAGE
f~T~~~NY A
Ii~S CG ~:t~t2 or P~T,n5y~v~nja
f~T~~~NY B
f~T~~~NY C
f~T~~~NY D
f~T~~~NY E
:
! COVERAGES ~
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOC ITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'CO
;LTR
TYPE OF INSURANCE
POLICY NUMBER
GENERAL AGGREGATE
(2et~ (~f~ '~fj
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DD/YY) DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
,n, }{ COMMERCIAL GENERAL LIABILITY
~{ CLAIMS MADE OCCUR,
OWNER'S & CONTRACTOR'S PROTo
(~~C~~{~(~(~~~
~.,:~~ / j. ~:: 19:J 0::~./ ~ ~":;! j}..1 PRODUCTS-COMP/OP AGG.
PERSONAL & ADV. INJURY
EACH OCCURRENCE
GL.CM59~H19::mA
S>::.'~~ 0 {;~ ~~ t~ (j ,_~
$"-.(';:'1';' f..",r.. f....;A
....... ,~... ':.~ ;;.. ~u' "." i..'
FIRE DAMAGE (Anyone fire) t:,e~~: ee
MED. EXPENSE (Anyone person) ~:~ :.::;:: ~ u d ,,: :~
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED A~~ BY RtS1( MAN~~MM
SCHEDULED AUTOSCO '~):\A .,.II. 0-- ~
HIRED AU1BY _ ~.1 \ ~
NON-OWNED AUTOS ' C, \ t -:) q ~
GARAGE L1Q~UI y
VE!
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
COMBINED SINGLE $
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
EACH OCCURRENCE $
AGGREGATE $
STATUTORY LIMITS
EACH ACCIDENT $
DISEASE POLICY LIMIT $
DISEASE EACH EMPLOYEE $
OTHER
: DESCRIPTION OF OPERATlONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
Ret~o date 2/15/86
.J an i t.OI.... j a: Supp I i Es-..neal EirE;
I XCU Cover aRe is included.
i JERTIFICATt HeLDER IS SHOWN
, CERTIFICATE HOLDER
_,ni"'oe County
& Morrison Knudsen/Gerrits
5090 Col lese Road
Key West FL 33040
i _~CORD_~?-S (7/90)
Ci~
D i str" i ::iUtC.i.'S
ReceIved
Risk Mgmt. & Loss Control
?-/s- '..s
DATE ____
7ft6' Ole-
INITIAL __
^(:'
ri..J
ADDll"ICNAL IN~;URCD~
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
i. ....~
MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
r.~C~:Gy c: ~VE;- ni-~d:EY
@ACORD CORPORATION 1990 !
TABLE OF CONTENTS
BID PACKAGE 46
FURNITURE, FIXTURES , EQUIPMENT
1. Bidding Documents
Section 00030
Section 00100
section 00110-A
section 00110-B
section 00110-C
section 00163
section 00346-A
section 00346-B
section 00346-C
Section 00350
2. Contract Agreement
section 00500
3. Contract Conditions
Section 00750
Section 00800
section 00805
section 00900
section 00905
section 00910
section 00970
section 00980
4. General Requirements
section 01027
section 01028
section 01200
Notice of Calling for Bids
Instructions to Bidders
Furniture Proposal Form
Medical/Dental Equipment Proposal Form
Building Maintenance Equipment Proposal
Form
Pre-Bid Substitutions
Furniture Scope of Work
Medical/Dental Equipment Scope of Work
Building Maintenance Equipment Scope of
Work
Milestone Schedule
Standard Form of Agreement Between Owner
and Contractor - AlA Document A101/CM,
June 1980 edition
General Conditions, AlA Document
A201/CM, June 1980 edition
Supplementary General Conditions
Substantial Completion and Owner
Acceptance
Contractor's Affidavit of Payment of
Debts and Claims
Contractor's Affidavit of Release of
Liens
Consent of Surety to Final Payment - AlA
Document G707, April 1970 edition
Project Safety and Health Plan
Contractor Quality Control Plan
Application for Payment
Change Order Procedures
Project Meetings
OS/25/93
00001 - 1
TABLE OF CONTENTS
section 01301
section 01310
section 01370
section 01385
section 01395
section 01520
section 01580
section 01590
Section 01595
section 01600
section 01630
section 01650
section 01670
section 01700
Section 01710
section 01720
section 01730
submittals
Progress Schedules
Schedule of Values
Daily construction Reports
Document Clarification Requests
construction Aids
Project Identification and signs
Field Offices and Sheds
construction Cleaning
Material and Equipment
Post-Bid Substitutions
starting of Systems
systems Demonstrations
contract Closeout
Final Cleaning
Project Record Documents
operation and Maintenance Data
5. Technical Specifications
vertical Blinds
Furniture
Furniture Data Sheets (Pages 1-75)
Medical/Dental Equipment Data Sheets
(Pages 100-130)
Building Maintenace Equipment Data Sheets
(Pages 200-212)
section 12501
section 12600
6. Drawings
4.13
4.42
2/7/92
12/20/91
8/18/92
6/5/92
6/5/92
6/5/92
6/5/92
6/5/92
11/11/91
1/9/92
1/9/92
1/9/92
10/15/91
6/1/93
6/1/93
6/1/93
6/1/93
4.53
4.54
4.55
4.56
4.57
4.59
4.61
4.73
4.74
4.76
4.77
14.01
14.02
14.03
14.04
Exterior Building Plan Second Floor Zone A
Metal Door & Window Frame Elevations & Details,
Door Schedule
Interior Building Plan First Floor Zone A
Interior Building Plan First Floor Zone B
Interior Building Plan First Floor Zone C
Interior Building Plan First Floor Zone D Housino
Interior BuildingJ?J.9J1FirstFloorZone E Housing
Interior Building plan Second Floqr Zone . A
Interior Building Plan ~econd Floor Zone C
Door Schedule
Door Schedule
H.M. Elevations
Door and Window Details and Buck Types
Furnishings/Finish Plan First Floor Zone A
FurniShings/Finish Plan First Floor Zone B
Furnishings/Finish Plan First Floor Zone C
Furnishings/Finish Plan First Floor Zone C
Housing
OS/25/93
TABLE OF CONTENTS
07/08/93 ADDENDUM NO. 1
00001 - 2
14.05 6/1/93 Furnishings/Finish Plan First Floor Zone E
Housing
14.06 Not Used
14.07 6/1/93 Furnishings/Finish Plan Second Floor Zone A
14.08 6/1/93 Furnishings/Finish Plan Second Floor Zone B
14.09 6/1/93 Furnishings/Finish Plan Second Floor Zone C
14.10 6/1/93 Furnishings/Finish Plan Mezzanine Zone D Housing
14.11 6/1/93 Furnishings/Finish Plan Mezzanine Zone E Housing
OS/25/93
TABLE OF CONTENTS
07/08/93 ADDENDUM NO. 1
00001 - 3
SECTION 00346 - C
SCOPE OF WORK
Bid Package No. 46C
Building Maintenance Equipment
1.1 General Scope
Provide all labor, superv1s1on, engineering, materials,
supplies, equipment, tools, transportation, surveying, layout
and protection for the proper installation and completion of
the building maintenance equipment. The work shall include
but not be limited to the supply and installation of all
supply division and building maintenance equipment with
accessories as detailed in the enclosed data sheets (Pages 200
through 212).
1.2 Special provisions
The following Special provisions are intended to clarify the
scope of work, or highlight features of the work, or modify,
change, add to, or delete from the General Scope of this Bid
Package.
.1 All licenses required in order to perform the scope of
work in the specified location, shall be procured and
maintained by the contractor and his subcontractors.
Contractor shall submit copies to the Construction
Manager. Contractor shall be responsible for applying
for and procuring the construction permit as required by
the City of Key West.
.2 Provide, replace, and maintain any safetv rails and
barricades removed as necessary by this trade contractor
during the process of work, or during deliveries of
materials or equipment.
.3 Contractor is to review Division 1 General Requirements
for additional responsibilities required in order to
perform the work under this Bid Package.
.4 Contractor shall perform all required testing and provide
adequate personnel in order to complete all testing to
the requirements of governing agencies.
OS/25/93
SCOPE OF WORK - 46C
00346 - C - 1
.5 Coordination of the Work - This contractor shall be
responsible to coordinate his work with other multiple
prime contractors both in the scheduling of field work
activities and in the integration of individually
furnished items into final composite installations.
.6 All incoming material and equipment shall be coordinated
with other trades and the CM is to be notified, in order
that proper lavdown. staqing 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.
.7 If in the event of conflicting, or overlapping
requirements in any area of the bidding documents,
technical specifications, or drawings, the most stringent
condition shall be bid and constructed. Notify the CM in
any event, in order to not compromise the Owner's right
to make appropriate decisions.
.8 This contractor is reminded of inmate accessible areas
and perimeters, and of the requirement for security
devices, fasteners, connectors, sealants, and any other
work associated with this bid package scope of work, in
order that proper care and construction is performed in
accordance with the standards and guidelines set forth by
the regulatory agencies governing jails.
.9 Contractor shall maintain As-Built drawings, (Record
Drawings per section 01720), of his work progression. A
50% progress of field work submittal, will be required.
.10 This contractor shall not store materials inside
building. Contractor shall provide sui table storage
container, and be responsible for disposal off-site of
all debris and trash.
1.3 The location for the installation of the equipment in this
section is noted on the data sheets.
1.4 Submittals, including manufacturer's technical data,
dimensioned drawings, color samples, product photographs,
product data, installation instructions and complete
operations and maintenance data, prepared in accordance with
Specification section 01301 are required for each item
included in this section.
*************************
END OF SECTION 00346-C
OS/25/93
SCOPE OF WORK - 46C
00346 - c - 2
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.
Pre-Bid Substitution Request Deadline.
06/24/93
b.
Bid Due Date .
07/14/93
c.
Award Date (Anticipated)
07/29/93
d.
Notice to Proceed (Anticipated).
08/06/93
e.
Substantial Completion Date
11/01/93
**********************
END OF SECTION 00350
OS/25/93
MILESTONE SCHEDULE
00350 - 1
SECTION 00110-~ c
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PROPOSAL FORM
BID FROM:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHAS ING DEPARTMENT
PUBLIC SERVICE BUILDING, ROOM 002
5100 COLLEGE ROAD, STOCK ISLAND
KEY WEST, FLORIDA 33040
BISCAYNE CHEMCIAL CO.
1025 WHITE STREET
- KEY WEST t FL 3304"0
~. . '-.'; ~ :.. ,.. 4 .. _ ....;.
BID TO:
The undersigned, having carefully examined the Work and reference
Drawings, Specifications, Proposal, and Addenda thereto and other
Contract Documents for the construction Qf:
Bid Package 46C, Building Maintenance Equipment
New Detention Facility, Stock Island, Key west, Florida
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, tQols, 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, tQgetr.ec ~itr. tr.e :QC31 sources Qf supply and tr.at he
understands the conditions under WhiCh tr.e ~ork 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 tQ documentary information
provided and made available, and from inspection and examination
of the site.
w,4.,
,4'"
;"',," .
" .
OS/25/93
5ID PROPOSAL - 46C
00110 - C - 2
,:\:.,))~}c:
The undersigned shall perform the Base Bid work in Bid Package
46C, Buildi~g ~a~~~e:.a:.ce :~~:~~e~~, :or the lu~r 5U~ p~ice cf
THIRTY FOUR THOUSAND FOUR HUNDRED TWENTY SEVEN DOLLARS & FORTY EIGHT
(words)
" ,... .
:' ~~ 't'. ~.
Total Base Bid $ 34,427.48
(figures)
I acknowledge receipt of Addenda No. (s)
I have included pages 1 through 7 of the Bid proposal which
entails the proposal Form X I the required Bid security x , the
Lobbying and Conflict of Interest Clause-x--, the sworn Statement
of public Entity crimes~, and the Non-Collusion Affidavit~.
mark items above as a reminder that the are included.
Mailing Address:
BISCAYNE CHEMICAL CO.
1025 WHITE STREET
KEY WEST, FL 33040
...,:, ".: _ r". .,:- \",
. , ; '"..... ,J. .,.. ~ ,: .'~. \.
. .... -' .
. .' ".'; ','..... -
phone Number:
305-296-6000
/? ~~. . J:~.":~. ~.. .
signed: .;?6ii..t~ _/,.~ Lu;/-
Date:
7./;,17:3
/
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C4;e// ~- . ~e~:f;-.
(Name)".. _~,:~l.;l"::l \;
witness:
BUSINESS DEVELOPEit' ...~-
(Title)
,~ <!?;JJ~ .
(Seal) . ';HJt
"tmCIotIL tIlIf Ntt 9EAL.
I'WIN'IIIIRlLU
NOTARY P\a1C STA 1'[ a FlCRDA
",. CorNnIIIIOII [1ICl, APIU 7. '90S
OS/25/93
BID PROPOSAL - 46C
00110 - C - J
t . ~,~,' ;:"":-:
.:~; ~"~')~-"'.
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section 00110
Non-Collusion Affidavit
CARL FREDERICK
I, of the city of
according to law on my oath, and under penalty of perjury, depOse and say that;
KEY WEST FLORIDA
33040
L)
I am
CARL FREDERICK
BISCAYNE CHEMICAL CO.
of the firm of
the bidder making the Proposal for the project described in the notice for calling for bids
for:
and that executed the said proposal with full authority to do so;
/
2. )
the prices in this bid have been arrived at independently without collusion, consultation,
communicat'on 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 ard will not knowingly be disclosed by the bidder
ard will not be knowingly disclosed by the bidder prior to bid opening, directly or
irdirectly, to any other bidder or to any competitor; ard
~
4.) c:
\~
5.) <
"1
7"-<>
~~
~
~
~
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;
the statements contained in this affidavit are true and correct, ard made with
knowledge that Monroe County relies upon the truth of the statements contained
affidavit in awarding contracts for said project.
a'f
g ,:-t/h ud
(Signature of Bidder)
full
in this
7/7/93
patey
STATE OF:
FLORIDA
MONROE
COUNTY OF:
PERSONAllY APPEARED BEFORE ME,
after first being sworn by me,
above on this '7
the l.f'ldersigned authority, ,;" en G/..- /=/!/3lJE/3J1 el,
(name of individual s;g , g) af ixed his/her signature in the space provided
day of , '9~.
~1~U' NOTAR~
My ccmnissi
exp~ fC)TM\' !i(A&.'
. --.u
NOTAA\' Plait STATI f6 FL~
CCll'I'tlIlblon I . APjI,l7.lM
OS/25/93
BID PROPOSAL - 46C
00110 - C - 6
, "
. .,' ~.::,': .'
-
":~: -~ .': .' . ,
'--
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
. .
',..;"~ ,;..,_/.~:.. '
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. .~'. .';" ~7:~~'t~<j ~~~~~::~~;'i)~: -
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ETHICS CLAUSE
"
BISCAYNE CHF.MTCAT. CO
( COIfl)any)
";.;'h~,:::.-:::::~')j~~.: ~-
~'.'~. ..-.>~.:{:-<':/::~~.'.
. . ',. . ".. ~ ..' .
11'.
" 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
::...._:..,/ -.,2y. ;-. ;:5 d;~:"'~~'-- .~--'''''a~e ~I-o;c; :-:........act '..;':'''l/)\'';t '.;abil;~v a-c ~y also, in its discretion,
oec~c': .~orn tf'le :~ntract :.. ;x.-::"=~e ;:;,..~:e, :- ~~"'e...'Wise -ecove:-, :he t..;... ~"iOunt =, a~y fee, corrnissior",
percentage. gift, or conS'de"etior" :la'd !O the lor'T'ler County officer or er-oloyee".
./) . ~- :
c~Ad _~A-"""'A'
.. ":;;;;" 'U'.) .
Oate:
STATE OF
FLORIDA
MONROE
COUNTY OF
"
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0A1.J .
lIO"ARY
MCP #J, Rev 2/92
7
I 9'1 :3
(date)
"e!S~e 's personally K~own tc ~
as; de n t if ; c 1I t ; on . (t ype
"81~~
"CRICW. .._ IIM.-
~ ......
NOTARY Jlt&1t ITAll CF ~
t'Iy Camrnllllcn~. APR," ,I9lIl5
OS/25/93
00110 - C - 7
BID PROPOSAL - 46C
SWORN STATEMENT PURSUANT TO SECTION 287.133(3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS F<lRM tlJST BE SIGNED AJI) SWRII TO III THE PlESEIlCE Of A NOTARY P\JlllC at OTHEI OfFICiAl AUTHORIZED TO
ADMI.ISTER OATHS.
1.
This sworn statement is submitted to
MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS
(print name of the public entity)
by
CARL FREDERICK BUSINESS DEVELOPER
(print individual's name and title)
BISCAYNE CHEMICAL CO.
for
<print name of entity submitting sworn statement)
1025 WHITE STREET
KEY WEST, FL 33040
whose business address is
and (if appl'cable) ~s Feaeral ~'Tllloyer ioentQ;cat10n NUlber (~:::~l 's
590165170
(If the entity has no FEIN, include the Social Security Number of ~~e individual signing this sworn
statement:
. )
2.
I understand that. "public entity crime" IS 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 Stites, 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 Paragrapi1 287.133<'Hb), 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 informetion after July', 1989, as a result of a Jury verdict, nonjury trial, or entry
.?f a plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133nlCa), Florida Statutes, means:
4.
1. A predecessor or successor of a person convicted of a public e~t;ty 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 publ ic entity crime. The ter. "affi I iate" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are
active in tne ~nagement of an affiliate. The ownerShip by ore person of hares constituting a
control.l i"g "'te"est i" a"'ot"er persc", cr DOCl ''''g of t'QU'I:::rlE"~ :" '-come among persons wher "o~
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 a
person who has been convicted of a public entity crime in Florida during the preceding 36 months
shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1lCel, 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 aDC~ies to bid on contracts for the
provision of goods or services let by a public entity, or whicn c~'erw;se 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 ent i ty.
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.)
-K- ~eithe' t~e en~1ty subn'tting th's sworn statement,
any of its officers, directors,
OS/25/93
BID PROPOSAL - 46C
00110 - C - 4
executives, partners, shareholders, employees, members, or agents who are active in t~~
management of the entity, nor any affiliate of the entity has been charged with and convicted of
a public entity crime subsequent to July', 1ge9.
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', 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. However, there has been a subsequent proceeding
before a ~earing Officer of the State of Florida, Division of Administrative Hearings and the
Final 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) ABCVE ~S FOR T~AT DUBL!C ENTITY ONLY ANC, THAT THIS FOR~ IS VALID THROUGH DECEMBE~ 31 OF
,"E CAlENCAR vEAR IN ~H;:H ;T is FiLED, : ALSO UNDERSTA~: THAT I AM REC~IRED TO INFORM THE F~BL:C E~TI,v
PRIOR TO ENTERING INTO A CONTRACT IN EXCESS Of THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY T~ OF ANv CHANGE :N THE INFOR~ATION CONTAINED IN TH1S <ORM.
/~'-~
-/ ~ (signature) .
Sworn to and subscribed before me this ~
Persona II y known ~
day of
,,97'3.
OR produced identification
Pubtic'State
My Commission expires
(Type of identification)
(Printed, typed or sta
of Notary Public)
Form PUR 7068(Rev. 06/11/92)
OS/25/93
3ID PROPOSAL - ~6C
00110 - C - 5
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INSTITUTE OF ARCHITECTS
I
,.... Document ....370
:id Bond
:SENTS,
that we BISCAYNE CHEMICAL CO.
M..,.. '''\~11 '\Ill nf~f' 'ftd u'd'"'' 0' 11'1,1 hilt 01 COI'II,,,10'
~I. and
CASH SURETY BOND
:Ht't ,nUl' "..II I"mt' 'nd .dd"u 0' 11'1.1 1111.. of SU'f'h
NS of the Slale of
~ held and frrmll' bound unto
,l-4f'rf' d'hl'lI IlJlI ....""" ,t\d oldd.." 0' \..,1 "llf' 01 0...""
In the sum of
$1,721.37
Dollars (S I,
Ily to be made. the said Principal and the sairl Surety. bind
lors, successors and assigns, jOintly and severallv. firmly by
BID PACKAGE 46C,BUILDING MAINTENANCE EQUIPMEN1
bid lor NEW DETENTION FACILITY,STOCK ISLAND KEY WEST,
'liC'" .n\I'" '1.1111'\,,,.,,, ,ddrf'U ,nd d"""PI,on ot P'O,,,(I FLA. 33040
Ihf> bid nf 'I-It Pflr'\clp"l ,nd Iht- '"nClp,,1 \h,1I ~nlf'f It"I'O , (ontr'CI
r~ b,rl ,,,,<1 ~...t \U(~ bond 01 bOr"ld\ ,\ '""".IV bf' \Pf"{I'lrd In !tot' brddlns
,'ff.... '01 I~t' .~d"'ful pt-fIOfm,I"(f' Of \y(i"l (onl,,(t .t'\d fo, It''lr pfOmp~
lrCul,on ,....f"r'O' Of In ,t'\. rVf'nl 0' ''''f' "dUff' Of thf' P'ln(lp<l1 10 tnlf'
',,,(.p,1 ,,,,11 p,y 10 I"t ObJlg~t Iht d.H~,tn(~ nol 10 tar~td rht p~n,'",
d 'ueh I"g~r .mOunl fo, wh'eh Ih~ Obltgtt m,y In good '"lh eonl"Cl
...d b.d, Ih~n rh" cbl.g".on ,h,1I b~ null .nd VOId, Ol~"....'t 10 'tm.."
d., of J' /7/1.3
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BUSINESS DEVELOPER
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I"-lSTITUH 01 ARCHIHC\ ,'!~ .. V "',f, "...' ',""'''''''C1C'' ::: C ;xc"
OS/25/93
00110 - C - 8
BID PROPOSAL - 46C
THE AMERICAN
INSTITUTE OF ARCHITECTS
.........
I
AlA Document A370
Bid Bond
KNOW ALL MEN BY THESE PRESENTS,
that we BISCAYNE CHEMICAL CO.
M..,,, In\~" full n4l"'I' 'I"Id .dd,t'\\ Of 1f'1.1 1.11.. 01 ConIrJeIO'
as Principal, hereinafter called the Principal, and
CASH SURETY BOND
(H,,'f 1M'" lull "jmf Jnd .dd"" or 1,,&.1 IIl1t of Surf!\-
a corporation duly organized under the laws of lhe Slate of
as Surety, hereinafter called the Surety, are held and firmly bound unto
,HI''' .rn", Iud ,"'.......f' 'r'\d olddrf''' or 1f'J:.l lollt 01 0",,,,\,,
as Obligee, hereinafter called the Obligee, In the sum of
$1,721. 37
Dollars (S l,
for the payment of which sum well and truly to be made, the said Principal and the sairl Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, JOintly and severally. firmly by
these presents. BID PACKAGE 46C, BUILDING MAINTENANCE EQUIPMENT
WHEREAS, the PTlnclpal has submitted a bid for NEW DETENTION FACILITY.STOCK ISLAND KEY WEST,
'H('rc- ,nu.q lull nfmf' .add,f'\\ .nd dt'\(r'pl,on 01 P'OIt'(1 FLA. 33040
~~
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",ow, THERErOR[, " Ih~ Obllgt'~ ,h~1I HC~pt Ih~ b,d of 'h~ Pr,n('p.1 ~nd 'h~ P"ncop.t Ih.1I ~nl~r ,nto . Cont""
~Ith the' Ob!!gtt n il((ord.a"'(t' "".th ,.....{" I~rm, of \urh b.rl, ilnri ~\tt \U(~ bond 0' bond\ .\ m,y bt \pf'cdlpd In lht' bIdding
01 Conlr~rl Dr"\(........~n'\ """,th good Jnd 'ukIC'f''''1 \q..rf'ty Inr ,)..~ '~d~fu! Df"'orr'n~"rf' 01 \u(h (onlrJct ~nd for thf' promc'
D~"mf'nt of i~bor ~nd m~lt'l~1 lurn'\~f"d In Ihf' pr('\f.Cul'on t~fl't-ot or In ,hf' f''Yf'nf 01 fhe' I~dutf' 01 the- PrlnClp.' '0 ~nte'
lueh (onl,.el ~nd &'V~ luch bond or bond" 01 Ih~ P"nClp.1 ,h.11 P~Y 10 Ih~ Ob"g~~ Ih~ d,H~rrnc~ nOI 10 ~Ir~rd Ihr p~n~tT)
hrrf'Ot ~I""~en Ih~ .mount IP~e.r'rd ,n u,d b,d .nd IVch torger ~mounl fOl whICh lh~ Ob"&~~ m~y .n sood '0,111 conlrH'1
...,!h ~nOlh~I pUIY 10 p~rfo'm Ihe Work cov~r~d by ..,d b,d. fh~n th" ob"g~"on Ih~1I b~ null .nd vo.d, Ol~rw,,~ 10 rem.,n
,n full fore~ ond ~rl~C1. day of '7/ ~ /q_~
Signed and sealed this / { / / /~~
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(Title)
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BUSINESS DEVELOPER
~ICIN. NDTMf !lEAL-
MIRIAM IUlAI8lD
,,:., tpV PUSlIC STAlt a FlCIIIDA
t1. :~ "..'.'~I~il)l1 EJql, AJIR,17,1995
(5u'~ty)
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AlA DOCUM!NT .1,)10 . BID BONO. ,0,1,0, ~. rEBRU,o,RY 1970!O. ThE ^M!RIC,o,N
INSTITUTE OF ^RCHITECTS. 17JS NY ,0, V!. , N W, W^SHINCTON 0 C. ]0006
OS/25/93
BID PROPOSAL - 46C
00110
C - 8
THE AMERICAN INSTITUTE OF ARCHITECTS
I
AlA Document A201/CM
CONSTRUCTION MANAGEMENT EDITION
General Conditions of the Contract
for Construction
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION
WITH AN ^TTORNEY IS ENCOURAGED,
1980 EDITION
TABLE OF ARTICLES
1. CONTRACT DOCUMENTS
8. TIME
2. ADMINISTRATION OF THE
CONTRACT
9, PAYMENTS AND COMPLETION
3. OWNER
10. PROTECTION OF PERSONS AND
PROPERTY
4. CONTRACTOR
11, INSURANCE
5. SUBCONTRACTORS
12. CHANGES IN THE WORK
6. WORK BY OWNER OR BY
SEPARATE CONTRACTORS
13. UNCOVERING AND CORRECTION
OF WORK
7. MISCEllANEOUS PROVISIONS 14. TERMINATION OF THE CONTRACT
rTrt CAUTION: You should use an original AlA document which has this caution printed in red.
~ An original assures that changes will not be obscured as may occur when documents are reproduced.
Copyright 1975, @ 1980, by The American Institute of Architecls, 1735 New York Avenue. ".W., \\...h'"~ton, D.C. 20006,
Reproduction of the material herem or substantial quotation of Its prOVISions without written permission at the AlA violates
the COPYright I.",.s of the U."ted Stales and will be subject to legal prosecullon,
~1~ DOCUMENT AlO1!CM . GE"ER'l CO'-DI110'-S Of THE CO"T~ACT fO~ CO"ST~UCTIO"
CONSTRUCTION MANAGEMENT ED1110" . ILNE 1980 EDITION . AlAe . @ 1980 . THE
.'MERICAN lSSTlTUH Of A~CHIHCTS lCn '-iE\\' YO~K AVE.. N W.. WASHINGTON, D.C 20006
A201/CM -1980 1
WARNING: Unl'cen~ photocopying violates U.S. copynghllaws and Is subject to legal pro~u1ion.
OS/25/93
GENERAL CONDITIONS
00750 - 1
Acceptance of DefectIve of Non-Conforming Work, .6,2,2,13.3
Acceptance of Work. , " . , , . . . . , , , . , ,,9.5.5, 98.1,9.9,1,9,9.)
Access to Work, . . . . , . . . . . . . , , . , , , . . , , , . . , . . , . . .2,),6, 6.2.1
ACCIdent Prevention., , , " . , , . . , , , " , , , . , , . ." . ,,' ,2.3.5, 10
Acts and Omissions."".." .., .4.18.3,7.4, 7.6.2,8,3,1, 10.5
Addenda, Definition of ",.."..,.,..",.,.".,.,.",,1.1,1
Additional Costs, Claims for "",."".",...,..""",12,3
ADMINISTlATlON OF THE CONTRACT,.",."..... .1, 4,3.3
Agreement, Extent of ."...".".."..,."".,..",,1.1,1,2
All Risk Insurance, , , , , , , , , , , , . , , , , , . . , , , , , , , , , . , . , , ,11.3.1
Allowances ..,....,.,....""..,..".,.."..,"",.,' ,4.8
Applications for Payment, Contractor's,.,." .2.3.8, 9.2.1, 9.3.1,
9.3,3,,9,5.3,9.],1,9.8.2,9.9,1,9,9,3,9,9.5,11.3.1,14.2.2
Applications for Payment,
Project" , ", " ,... " . , ,2.3,8, 2.3.9,9.3,1,9.4,9,6.1,9.7.1
Approvals.,., , , . , . . . ,. .. , . . , , , ,2,3.18. 3.4, 4.3.3, 4.5, 4.12,4,
412.5,4.12.6,4,12,8,4.13.2,7.7,9.3.2
Arbitration.""., .2.3.15,2,3,23,6,2.5, 7.9, 8.3.1,11,3.7,11.3.3
Architect, Definition of ".",. . . , , , , . , . , , . , , . , , . . , . , , , , . 2.1
ArchItect, Extent of Authorrty ....", ,2.3, 3,4.4,12.8,5.2,7.7,2,
8,1.3,8.1.4,6.3.1,9.2,9.3.1,9.4.9.5.3,9.6,9.6,9,9.1,993,
12.1.1,12.1.4,12.3.1.12.4.1,13.1,13.2.1,13.2,5,142
Architect, Limitations of Authority and ResponsIbility, , , , ,2.3.2
through 2.3.5, 2.3.13 through 2,3.18,2.322,4.12.6,
5.2,1,9.4.2,9.5.4,9.5.5,12.4
Architect's Additional Services, . ,3.4, 7.7.2, 13.2,1, 13.2.5, 14.2,2
ArchItect's Approvals ""..2.3.18, 3.4, 4.5, 4.12,6, 4.12,8, 4,18,3
Architect's Authorrty to Reject Work. .. ,2.3.16.4.5,13.1.2,13.2
Architect's Copyrrght , . , . . . . . . . , . , , . , , . , , , . . . , . , , . , , , . , ,1,3
Architect's Decisions"..,..",.,. ,2.3,10 through 2.3.16, 7.7,2,
7.9.1,9.2,9.4.962,961,12.1,4,12.3,1
Architect's Inspections. . . .2.3.16, 2.3.21, 9.4.2, 9.8.1, 9.9.1
Architect's Instructions, . . , , , . , , .2,3,16, 2,3.19, 7.7.2, 12.4, 13,~
Architect's Interpretations, , , . . . , , ,2.3.10 through 2.3.13, 12,3,2
Architect's On-S,le Observations, , ,." .2.3.4,2.3.6,2.3.9,7.7.1,
7.7.4,9.4.2,9,6.1,9.9.1
Architect's Relationship With Contractor" , . , ,1.1.2,2.3.5,2.3,6,
2.313,2.3.16,433,4.5,4.7.3,412.6,4,16,11.3.6
Arch,tect's Relationship With
Subcontractors""..,.... . ."" .1.1.2,2.3.16,9.5,3,9.5.4
Architect's Representations . . . , . . . . , . . , . . .94.2, 9.6.1, 9.9.1
ArtistIC Effect, . . . ,., .1.2.3,2,314,2.3.15,7.91
,~ttorneys' fees ..,.......... .4.18.1,6.2.5,9.9.2
Award 01 Separate Contracts . . . . . . . . , . . . , , . . ., .6.1.1
Award of Subcontracts and Other Contracts for
Portions 01 the Work. . , , . . . , , , , , . . , . ' , . .5.2
Boiler and Machinery Insurance, , ., , , . . .. . ,. , ,. .113,2
Bonds, lien ,...,.,.", . , . . , , . . . , , , . , , , . , , . . . . . . 9.3.3, 9.9.2
Bonds, Performance, labor and Malerral Payment .7.5,9.9.3
Buildrng Permit . . , . , , . , . . . . . , . . . . . .4.7
Certrficate of Substantial Completion", ,9.6.1, 9.8.2, 9.8.3, 9.8.4
Certificates of InspectIon, Testing or Approval.. ...,.....77.3
Certrf,cates of Insurance .."."",.,. .. .9.3.2,11.14
Certificates for Payment, ProJect . . ., , .2.3.9, 23.21, 94, 9.5.1,
9,5.5,96.1,9.7.1,9.82,9.9.1,9.9.3,12.1.4,14.1.1,14.2.2
Change Orders,.."."..".., 1.1.1,2.3,19,3.4,4,6.2.3,4,11.1,
52.3,772,63.1,9.7,9.93,1131,11.3,5,11.3.7,
121,12.2.1,12.31,13.12,13.2.5,13.3.1
Change Orders, Definition ot ..,. ,.,12.1.1
CHANGES IN THE WORK,. . . ".,. .. ,.. .23,19,4.11.1,12
INDEX
Claims for Additional Cost or TIme.... .8.3.2, 6.3.3, 12.2,1, 12.3
Claims for Damages"".,..". .6.1.1, 62.S, 74, 8.3, 9.6.1,2
Claims and Disputes Between Contractor
and Owner, . " , , . ... , , . .2.3.12, 2.3.15, 2.3.23, 4.18,2, 7.9
Cleaning Up ,., ,. , , , , . . . . , . . , . . , ,. ...,.""..,., .4.15, 6.3
Commencement of the Work, ConditIons Relating to .3,2,1,4.2,
4.7.1,4.10,5.2.1,6.2.2,7.5,9.2,11.1,11,3,4
Communications, ., " ,.., " , . . . .,. . , ,.2.3.2,3.2.6,4.9,1,4,16
Completion,
Conditions Relating to ., ,2.3.21, 4.11,4.15,9.4.2,9.9,13.2,2
COMPLETION, PAYMENTS AND.....,' """""",,,,,..9
Completion of the Prolect, Substantial...", ,6.1.4, 9.6.3, 9,8,4,
9.9.4,9.9.5,9,9,6,13.2,1,13.2.2
Completion of the Work, Substantial,. ,.,., .2.3.21, 8.1,1, 6,1,3,
8.2.2,9.8,9.4.2,9.9,3,11.3,9
Compliance with laws".. ,...".,1.3,2.1.1,4.6,4.7,4.13,7,1,
7.6.1,7.7,1,10.2.2,14.2.1
Concealed Conditions, ., , ., , , ". . . , .. ..,." ,...,.,., ,,12,2
Consent, Written .,.,.".,.',....." ,2.3,22,4,14,2,7.2,7,6,2,
981,9.92,9.9.3,11,3.9
ConstructIon Manager, Defrnltoon of ,.".. . . . , , , , , , ,2.2
Construction Manager's Approval .4.10.1, 4.13.2
Construction Manager's
AdditIonal ServIces..."", .3.4.7.7.2,13.2,1,13.2.5,14.2.2
ConstructIon Manager's AuthorIty and Responsibility, . , , .2.3.3,
2.3,5,2.3.16,2.3.10,2.3.22,4.8,1,4.17.1,4,16.3,
7,7,4,9.2,10.2,5,11.3.6,12.1,4,14,1.1
Constructron Manager's Conformatoon ",.".". , , , . . , , . ,9,9.3
Construction Manager's Consultation WIth the Architect ,2.3.12,
2.3.16,2,3.19,2,3,21,3.4.1,9.6.1,9.8.1,12.1,4, 12.3,1, 14.2,1
Construction Manager's Coordination and Scheduling". .2.3.7,
2.3.17,4.3.1, "'0.1, 4.12,4
Construction Manager's DeCIsIons., , "...,." ".., ,6.3, 8,3,1
Construction Manager's DetermInatIons. .2.3.3, 6.3.1, 7.7.2, 6.3,1
Construction Manager's Interests."....".", ., .11,3,1,11,3.2
Construction Manager's Recommendations.,. ,2.3.8, 2,3,9, 9,3.1,
9.4.1,9.7,1,9,9,1,12,1.1
Construction Manager's RelationshIp
with ArchItect, ,., , " , , , . , .. ", .,1.1.2,2.3.1,2.3,3, 2.3.21
ConstructIon Manager's Relationship wllh Contractor.", .1.1.2,
2.3.1S, 23.16, 3.2.6, 42.1, 4.33, 45, 4.7.3, 4.11.1, 4.12.4, 4,12.6,
4.161,4.17.1,4.18,5.2,62.1,62.2,762,77,791,7.9.2,
83.1,8.3.2,9.41,954,961,991,102.6,111.4,113.6
ConstructIon Manager's Relationship
With Subcontractors...,..".. ..". ..,1.1.2,2.3.16,5.3.1
Construction Manager's Review, .".,...." ,2,3.8,2.3.17,5.2.1
Construction Schedule, Contractor S . ..,... ,4,10
Contract, Definition of .... ....,...,'.1.2
Contract AdmInistration ,.".,. . . . , . , , . . . , ,2.3, 4.3.3
Contract Award and Execution,
Conditions Relatrng to.,... .471, 4 10, 52, 75,11.1,11.3.4
CONTlACT DOCUMENTS .."."",..""..,.""",....1
Conlract Documents,
Copies furnIshed and Use of . , . . '.
Contract Documents, Defrnltlon 01
Contract Mod,fications. . .. .....,..,..
Contract Sum, Definition 01
Contract TermlOatlon ..
Contract Time, Definition of
CONTRACTOR ..,.,..
Contraclor, Dei,nitron of
Contractor's Construction Schedule
. .1.3, 3.2.5, 5.3
......,...1,1,1
.......,,1.1.1,12
. " , ., ".... .. ,9,9.1
. " , ,. ,14
. . . . .8,1.1
.""......4
.4.1, (;,1,2
."., .4.10
2 A201/CM-1980
AlA DOCUMENT A201fCM . GENERAL CONDI110"~ 01 T'H CO"'RACT fOR CO'<STRUCTIO,"
CONSTRUCTION MANAGEMENT EDITION . )LJ"f "80 EDITlu" . AIA& . ~ 1980 . THE
"MERIC"N I..,STI1UTE Of "RCHITECTS. 1ClS ..,f\\ \cJR~ A\f "" "'ASHINGiON. D.C.:ClOO6
WARNING: Unlicensed photocopying violates US. copyright laws and ~ wbject to leqai prosecution.
OS/25/93
2
GENERAL CONDITIONS
00750
Contractor's Employees.",. ,4.3.2,4.4.2,4.8.1.49,4.18,10.2.1
through 10,2.4, 1026, 10.3, 11.1.1
Contractor's liability Insurance. , , , , . . . , . . . . .11.1
Contractor's Relationship wIth Architect" , . . , 1.1.~, ~.3.5, ~.3.ti,
2.3.13,2.3.16,43.3,4.5,47.3,412.6,418,113.6
Contractor's Relationship with Construction Manager"", 1,1,2,
2,3,15,2.3.16,3,2,&,4.2.1,4.3.3,4.5,4.7,2,4,11.1,4.12.4,
4,12.6,4.16,1,417.1,4.18,5,2,6.2,1,6.2.2,7.6.2, 7.7, 7.9.1,
7.9,2,8.3,1,8,3,2,9.4.1,9.5.4,9.8.1,9,9,1,10,2,6, 11.1.4, 11.3.6
Contractor's Relationship with Separate Contractors
and Owner's Forces, ". .. , , ., , .. , . . . . . . ., , .3.2.7, 6
Contractor's Relationship With
Subcontractors.." "." .1.2.4, S.2, 5.3,9.5.2,11.3.3,11.3.6
Contractor's Representations,. "... " , ,1.2.2, 4.5, 4,12,5, 9,3,3
Contractor's Responsibility for Those
Performing the Work"",.,..",.""", ,4.3.2,4,18, 10
contractor's Review of Contract Documents ",.1.2.2, 4.2, 4.7.3
Contractor's Right to Stop the Work. .. . , . . . , , . .. . ."" .,9.7
Contractor's Right to Terminate the Conlract.....",.,.." 14.1
Contractors Submittals""".,.,.... .2.3.18,4.10,4.12,5.2.1,
5.2.3,9.2,93.1,9.8.1,9.9.2,9.93
Contractors 5uperrntendent ,... .,.,. ..,. .,. ." ,4.9, 10.2.6
Contractor's SuperviSion and
Construction Procedures., , . ., . ,. .1.204, 2.3.5, 4.3, 4.4, 10
Contractual liability Insurance.....,..,. ...,..".., .11.1.3
Coordination and Correlation, , , "., , ,1.2.2,1.204,4.3,1,4.10.1,
4,12.5,6,1.3,6.2.1
Copies Furnished of Drawings and SpecrflCatlons ,,1.3,3.2.5, S.3
Correction oi Work.,.,.",..,....."" ,3.3, 304, 10.2.5, 13 2
Cost, Definition of "",."""".""""".",."..12,1.4
Costs", ., , ,3.4, 482, 4.15.2, 5.2.3, 6.1.1, 6.2.3, 6.2.5, 6.3, 7.7.1,
7.7,2,9.7,11.3.1,113,5,12.1.3,12.1.4,12.3,13,1.2,132,14.2.2
Cutting and Patching oi Work... ..,.." "". ,."",..,04,14
Damage to the Work.".".".. ,4.14.2,10.2.1.2,10.2.7,11.3.1
Damage to Work,..""...,. 04.14.2, 4.18.1, 6.2.4, 6.2.5, 9.6.15,
102.1,3,102.2,10.2.5,103,13.2.&
Damages, Claims ior ., ., .""..",.., .6.1.1,6.2.5,704,9.6.1.2
Damages lor Delay .,........""..""",...6.1.1, 83.4, 9.7
Day, Deiinltlon of ..,...,....,.,.,..,.,.,.,.,.,""" ,8.1.5
DeCISion> oi the Architect.. . .. ...2.3.10 through 2.3.16, 7.7,2,
7.9.1,92,9.4,96.1,9.8.1,121.4.12.3.1
DeCISIOns Of the Construction .\\dnager . ,.".....,.. .6.3, 8.3,1
Defective or 'on-Conforming Work, Acceptance,
ReJeclion and Correction of . . . . , ,2.3.4, 2.3.16, 3.3, 3.4, 4.~,
6.22,6.23.96.1.1,994.2, 13
Deirnlllons ....."....." .1.1, 2.1, 2.2, 3.1, 41, 4.12.1 through
4.12.3,5.1,6.1.2,8.1,9.1.1,12.1.1,12.1.4
Delays and ExlenSlons of Time . . . . , .8,3
Disputes,. ..". .2.3.12,2.315,2.323,625,63,791
Documents and Samples at the Site . . . . , , . , , , . . . , .4."
Drawings and SpeCifications,
Use and Ownership of .. ...."..,'.3,32.5,4'1,5.3
Easements . , , , , , . , . . , , , , . . . . . . . . . . . , . . , . , . . . . ,3.2.3
Emergencies "..,.".."....."".""."."",.,..,,10.3
Employees, Contractor's........,. ,4.3.2,4.4.4,4.8.1,49,4.18,
10.2.1 Ihrough 10.2.4, 102.6, 10.3, 1111
EqUipment, Labor, \lalerrals and..,.. .1.1.1.44,4.5,412,4.13.
415.1,621,932,9.3.3,96.1.3,992,
102.12,11.3.1,121.4,1322,132.5,14
hecutlon and Progress of the Work""., ..,1,1.3,1.2,3,2.3.4,
2.3.5,2.3.11,42,441,4.5,47.1,62.2,7,9.3,
R.~.~, l~ 3 i H ~ ~ ~ h1 il~ 23. 'O,~_.:, 14~
'- '-t..'l.. ullun. LurreLatlon and ir.~~-....t I
the Contract Documents
btenslons 01 Time,. ,. , .. . ,. .
..,.,,,.1.2,4.7.1
.8.3,12.1.1,12.1.2
Farlure of Payment by Owner,.,...".",.,.,.,..., .9.7,14.1
Farlure oi Payment of Subcontractors."., ,9.6.13,9.9.2,14,2,1
Farlure to Carry out the Work. . ..".,.... .. ,2.3.5
Final Completion and Flna\ Pa,ment .. .2.315,23.21,9.9,13.3.1
Financial Arrangements, Owner s ,.,.. . , , . , .. , ... , , , ".,3,2,1
Fire and Extended Coverage Insurance, , . , . , . ... " " ".11.3,1
Governing Law , , , , . , , , , . , . . , , . , , , . . , , . . , , . . , , . . . . . , , , ,7,1
,., .4,17, 4.18, 6.2.5,9,9.2
....."",',2,'
. . . " ,5.2.1
Indemnrficatlon '" " , ,. , " ., .. , . . .
Idenllflcalion of Contract Documents
Identlllcatlon oi Subcontractors and Suppliers
Information and ServICes ReqUITed ot
the Owner".",.,..,....."....., .32, 6.1, 9, 112, 11.3
Inspections""."""., .2316,2.321,43.3,7.7,12.1.2,9.9.1
In>tructlons to Bidders,... .".....,,1,1.1
Instructions to the Contractor .2.32,32.6, 4.I:U, 7.i.2,
12.1.2,12.1.4
INSURANCE.""...",.""..""".".".,.... ..9,8,1,11
tnsurance, Contractor's llabrllty ..,... ...".,11.1
Insurance, loss 01 Use".,.., ,.. .,. . "'.'. ."",.",,11.4
Insurance, Owner's liability, . , . , , , . . , , , . . . . , , . , , . , . , , . ,11,2
Insurance, Property, " , " . , , " , . . . ., , . . .. . " , .,.." .11.3
Insurance, BOiler and Machinery . . . ., ,11.3.2
Insurance, SpeCIal Hazards.".",. ,. .. . . ,..."",... .11.3.5
Insurance, Stored Materials. ", ... , , " ,. , ,." . , , . 9.3.2,11,3,1
Insurance Companies, Consent 10 Partial Occupancy,.,. .11.3.9
Insurance Companies, Settlement \\'Ilh . , , . . . . . , . . ., , " ,11.3.8
Intent oi the Contract
Documents"."",.... , ,12.3,2,3,10,23.13,2.3.14,1204
Interest .""",.",..."",.",.".,.""""""...,7.8
Interprelatlons, Wrrtten ,... .11.1,2.3.11,2.3.12,2.3.13,1204
Labor, .\lale"als and EqUipment . .1.1.3, 4 4.4.5,4.12,4.13,
4.15.1, 6.~1, 932, 93.3, 9.613, 9.2.2. 10.2.1.2,
11.3.1,12.14,13.2.2,13.2.5,14
Bond .... ""..."..,7,5
., .8.3.1
i 3,21.1,46, 4i, 4.13, i.1,
i61, 7.7.1, 102.2, 14
. -'D.3, 9.92, 9,9.4.1
. .2.3.2, 113.8, 12.4.1
... .~313. 2.316,2318,3.3,4.2,
4.i.3, 4126, 4.17, 4.18, 6.2.2, 76.2,9.4.2,
9.504,9.9.4,995,102.5,11.1.2,11.3.6
Llmltallons 01 Time, General .. .2311.2.3.18,3.11,3.2.4,
4.2,4.7,1,4.7.3,4124,4.15.1,52.1,52.3,62.2,7.4,
ii, i.91, 82, 951, 96.1, 98, 99, 113.1, 11.3.4,
11.3.9, 12U, 114,132.1,132.2,13.2.5
L:mlldtlon' ot T,me. Speclilc .304, 4.10, ~.9 2,8.2,8.3.2,
83.3,92." 3 1, 941, 9.51, 97, 11.104,11.3.8,
122,1231. 132.2, 132.~. 14.1,14.2.1
. . , ,i.9.1, 132.2, 13.2.7
. . . . . , . , , , ,11.4
labor and .\laler"\ Payment
Labor Disputes. , . , . . , .
La" > and Reguldllons
liens. . . . , . " , , .
Llmlldtlons Of AulhOrlly
l,mllatlons 01 L,abrllly
limItatIOns, Statutes Of
Lo~s Of Use In~urance ...
AlA DOCUM[!'oiT A201:CM . Ct....E.RAl CO....Oll10'~ Of TH[ CC....TR.4.C1 fOR (1..)''''T~LC1:O'
CO~STRLCTro."".j ,....'..'.J..GE.\'E:"oOl [DillON . JL~E 1%0 lDIT:O.... . ^l......... n811' 1HE
AME.RICA..... 1'5TlTG1E Of ARCHITECTS, ';'3) Sl\\' 'ORK AVE.... \\. \\A)Ht'l~l()'. DC :tH:lh
A201/CM-1980 3
WARNING: Unlicensed photocopyIng ".olates U.S. copyright 1aYv'S and is subject to legal prosecutIon.
OS/25/93
3
GENERAL CONDITIONS
00750
'vIateTlals, Labor and Equipment.."", 1.1.3,4.4,45,4.12,4.13.
4.15.1,62.1,9.3.2,9.3,3,961.3,9.9.2.
10.2.1.2,11.3,1,12.1.4,13.2.2,132.5.14
,\~aleTlal Suppliers ., .".", ,4.12.1, 52.1,933
'leans, Methods, Technlcues, Sequences and
and Procedures 01 Construction" ,.. ". .2.3.5,4.3.1,94.2
,'llnor Changes in the \\ork ".."",..",..1.1.1,2.3.19,12.4
MISCELLANEOUS PROVISIONS"". ",.,.,., ",.,,,, co co ,7
\lodlficatlons, Definition 01 ,.,..""""""".""".1.1.1
,'lodificatlons to lhe Contract. . . , , , , ,1.1.1, 1.12, 23.2, 2.3.22,
4.11.1,4.7.3.12
Mutual Respons,brl,ty ".""""",..".,.,..".,..,., ,6,2
~on-Coniormlng Work, Acceptance of Defective or . , " . ,,13.3
Sotlce, Written .". .2.3.11,2.3.15,42,4.7.3,4.7 4,4'),
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,
941,96.1,9.7,99.1,9.9.5,10.26,11.1.4,11.3.1-
11.3.5,11.3.7,113.8,12.2,12.3,13.2.2,13.2,5,14
"otlces, Pe.m:ts. lees J"d ...,. ., .2.3.2, 47, 4.13.1, 10.2.2
Sot lee ot Te~tlng and ln~pectlons
Sollce to Proceed . . , . , , ,8.12
Observallons, ConlraClor 5
Occupancy "".".".."".,
On-Site Inspections
bv the Architect
On-Site Oblef'atlons b,
...,..",..,.,..,. .1.2.2,4.7.1
.". ",8.1.3,8.1.4,9.5.5, 11.3,9
2.3.16,2.121,9.4.2,98.1,99.1
Ihe Architect. , , , . . , .2.3.4, 2.36, 2.3.9.
7.7.1,7.7.4,9.4.2,9.6,1,9,9.1
Orders, Written . . .3.3, 4.9, 12,1.4, 124,1, 13 1
OWNER ,...,.,....,.."",."".""",..,.",.,.".,,3
Owner, Dellnltlon "...."".,..,.".",..".,..".," .3.1
Owner, Intormatlon and SeTVIces
ReqUITed oi the .32,4.7.1,6.13,62,9,112,11.3
O"ner's Authority.... . .,. .,..,2.3.21, 772, 9.3.1, 9.3.~,
9.8,1,11.38,12.12,12.1.4
. , .., . . .3.21
. . . ,11.2
.1.1.2,9.54
,34, 13.2.4
415.2,63
O"ner's financial CapJbilllY
Owner's Liability Insu.ance
O".ners RelatIOnship \\Ith SubcontrJctors
Owner's Right to Carr. Out the \\ or' ..
O~, nt'T s Rlcht to Clea'1 L:p
U\\nCT S RI..;.r,t to Pene,rm \\'ork and to
A\\ard ~cpJrate C,)ntracts
O\\ner S R,gnt 10 Term.nale Ihe Contracl
O"ner s R,~ht 10 Stop tOe \\ o.k
OI,\:neT<::.r.lo Jnd U:.C 01 DOClJmenh
.1.3.
...b 1
,14.2
. . . .3.3
3.2.5. 53
Patching 01 Work, Cutting and . . ,4.14
Palenls, Rmaitles and .. .417.1
Pavment Bond. Lahor and .\\alerral - 5
Pavment, Contractor; Aopllcallons lOr 2.3B, 92.93,94.
95.3, '161. 971,9.8.2,99.1, ~ q5, 142 2
Payment. Pro:ect Ce~~:~ICJIP" lor ... .~_3.q, ~.J..2' q 4, 9j,1.
'-')),961." - 1. y ti 2.991,99.3.121'; 1'; 11, 1422
Pavment, la:lure ot ...., .9.5.2, '1.b13, OJ ~ 'J.92, 14
PJvment, Final 23.15,2} 21. Qq. 133.1
Pavmenh. reng.e's .. . - 3,793, <) 5.5, 98 2, ~ 'l 3,12.1';
PAYMENTS AND CO\\PLETION ........9
Pa\ menlS to Subcon:'JClOrS .95.2,9.53.95.4,9.6.1.3,
. 1133,1421
Payment; \\ ilhhe!d .9 G
Performance Bond and labor and Material Payment Bond" ,7.5
Permits, Fees and Sotlces ",.""..",,3.2.3, 4.7, 4.13, 10.2.2
PERSONS AND PROPERTY, PROTECTION OF ,.".".., ,.. .10
Product Data, Definition oi ,...",.",...".,..,.".,14,2,2
Product Data, Shop DraWings, Samples and.. .2.3.18.4.2,1,4,12
Progress and Completion, , , ., . , " , , " ....,. ,2.3.4, 7.9,3, 82
Progress Payments""".." 7.8,7.9.3,9.5.5,9.8.2,9.9.3.12.1.4
ProJect, Definition of .""",."",.".,.""..,..",1,1.4
ProJect Construction Schedule. . , , , , . , . . ,. " , " ..", ,., .4,10
Property Insurance.., ...,.,....",,11.3
PROTECTION OF PERSONS AND PROPERTY ..,.."...... .10
Record Documents ,."""...",.""",'",..."... .4.11
Regulations and laws",.."..,."" 1.3,2,1.1,4.6,4.7,4,13,1,
7,1,10.2,2, 14
Rejection oj Work"."", . ." ." '" ,.." ,2.3.16,4.5,1,13,2
Releases oi Waivers and Liens ..,.., , . , . . . , , , , , , , ,9.9.2, 9,9.4
Representations, . .122. 45, 412.5, 9.42, 9.6.1, 9.9,1
Represent.llves ." .2.1,2.2,2.3.2,23.22,3.1,4.1,4.9,5,1,9.3.3
ResponSlbdl\y lor Tho'e Pertormlng thl' \\ IH~ ....,2.3.5, 4.3.2,
613.62,981
Rt'talnage ",.. . . . 93.1. OJ) 2,9.82,99.2, <),9.3
i\~vlew 01 CoolrJct Documeob b\ the CL,r-.lractor ...... .1.2.2,
4.2,4.7.3
ReYlews oi Contractor's Submlllals by Owner and
Architect,.,.".".".. ,2.318, 4,10, 4.12, 5.2.1, 5.2.3, 9.2
Rights and Remedies,. ..... .1.12, 2 3.15, 2.3.16, 3.3, 3.4,
53,6.1, b.3, 76.7.9,8.3.1,9.6.1,9.7,
10.3,12,1.2.12.2,13.2,2,14
Royalties and Patenls , , , . , , , , , , , , . , . . . . , , , , .4.17
~Ilt'. L'~e of
"....",,10.2
. 23.5, 10.1
.,.., .4.12.3
.23.17,2.3,18,
4.2,4.12
. , . ,4.11
."..4.10
. ., .4.10
... .,. .9.2
.114 2,6,11.36,13,1.2
.1121
. . , .2.3.17,
2.318,42,4.12
.113,62.1
.. ....., ~.3.~.': 3,'::1, -: -,98.1,9.9.1
234. 2.36.239,7.7,1,
,.9.12,96.1,9.91
2.3.16, 77
. . , ,11.3.5
.. .11.1,1.2.4.1.3
- q~. 132.:', 13 ~.7
; ; y -1 103,14 1
h 21. 'J 3 2. l' 212,1131,13.2.5
..."",,,,,.5
Saiety 01 Persons and Properl\' ,
S.Ietv Precautions and Program;
Samples. Deilnltlon of , , , . , , . , .
Samples, Shop Drawings, Product Data and
'amples at Ihe Site, Documents and
,chedole Contractor's Construction
,chl'dule. Prolect Con'tructlon
,ch"dule 01 \ alues
Separale (untracts and Contractors
'~op Dra\\lngs, D(.~t\nll\On
Shop Dra'\1ngs, Product Dala and Sampie;
<;,t" Inspecllons
~Ite VI~dts, ;\rchllect's
~pecIJ! lr-.:pcctl{)n and Tt....l:ng
~pe(lal Hcll.ard~ In"'urJr:cc
<;peclilcal1ons . , .
,tJtutc~ ot LimItation'"
:--t0ppln~ PiC \\urk.
Stored ,\\aleTlal;
SUBCONTRACTORS
~;JbcontrJctors. Dellnltlon 01
<;ubcontractor< \\ ,,,k bv
~ub(ontra(tual Re!atlon..:.
Submlttal<
. .. .5.1 1
:.35. .13.1, 432
. .5.3
2 31f .I "1. .I 12 52.1, 5 :3,
92. ,; 31, 981, 9.9,1. 993
4 A201/C'.1-1980
~14 OOCL\.H'T ~.:'01,C."~. 1.~'.i"'\L \. ....i'. (',....'- ( , '.. .-(.,'..': ~ :";1<: ':':'-j''''TRtCT!()''-
L\.,,,1i<LC7IC' '~-\'-\Ll'H"-! flJlTlti"- . lL'[."" :.:....~,.i,)' . ~ .,.. :':1&). lHE
\,\Ei\I(-\....:'qj.:...EUf \t\l".'~C~":' ,.,-"t\\ ~(l;':" ~\t '-\\ ",'_"~.I'( '(~, uc :L~~)l,
WARNING: Unlicensed photOCOpying vlola~es U.S, copyright laws and IS sUOlect to legal prosecution
OS/25/93
GENERAL CONDITIONS
00750
,1
....
Subrogation, WaIver ot .,."..",...".."".,..",.,11.3.6
Substantial CompletIon of the ProJect. , , , , . . .81.4,9.8.3,9.8.4,
99.4,9.9.5,9.9.6,13.2,1,13.2.2
Substantral CompletIOn of the ProJect, DefinItIon of "." ,8.1.4
Substanllal Completion of the Work..",.. .2.3.21,8.1.1,8.1.3,
8.2.2,9.4.2,9.8,9.9.3,11.3.9
Substantial CompletIOn of the Work, Definition of "'.',, ,8,1.3
Substltullon of Subcontractors.. .......,.,...... .5.2.3,5.2.4
Substitution 01 the Architect. . , , . , , . , , , . . . . . . . . , , , , , , ,2.3.23
Substitution of the Construction Manager . . , , , , , , , . , . , ,2.3.23
Substitutions 01 ,\\atenals ,. . .4.5, 12.1.4
Sub-subcontractors, Detlnltlon 01 .,."."..,..""",., ,5.1,2
Subsurface Conditions..."."....".."""".""" 12.1.1
Successors and ASSigns ............................ . . . . . 7.~
Supervision and Construction Procedures ...."",1 .2.4, 2.3,~,
4.3,4.4, 10
Superlntendenl, Contractor's." ,. ",.." ,., ,."" ,4.9, 10,2.6
Surety, Consent of ..,.,.,... . . . . , . . . . . . . , ,9.9.2, 9.9 3
Surveys ....",."... ,.32.2,4.18.3
Taxes .........,.",.. ..",...46
Termination bv the Contractor .... .14.1
T L'rmmatlun bv the Owner. . . . . . . . .14.2
Termination 01 the Architect.. ., ,2.3.23
Termination 01 the Construction \\anager ,.". .. .2.3.23
TERMINATION OF THE CONTRAa ,., ., ..,.""".." ,..14
Tests. . . ,.. .. , " , ,. . , " . . . . . . . ,23.16, 433, 7.7, 9.4.2
TIME".","..,....,."...""."'."'.,.,.."."'." .8
Time, Deirnlllon 01 .""...",.."......,.""...,.,., .8.1
Time, Delays and ExtenSions of ,.. , . . . , . .83, 12.1, 12.3, 13.2.7
Time llmlls, Specific. , ,.. " , , , , , , , ,3.4, 4.10, 7,9,2, 8,2, 6,3,2,
8.3.3,9.2,9,3,1,9.4,1,9,5,1,9.7,11,1.4,
11.3.8,12.2,12,3.1,13.2.2,13.2,7,14.1,14.2.1
Tille to Work .".".",.."",.",..,.",...,..9,3,2. 9.3.3
UNCOVERING AND CORREalON OF WORK, , . . , , , , , . , , ,13
Lncovenng of Work, , , ,. ,., , , . " , " , , , " , , . ..,. ., _.. ,13.1
Unforseen ConditIons, " . , , , , , . . , . , , . . , , " , . , . ., ,8.3,1, 12,2
Unit Pnces ,."."".,."."",."."""",12,1,3,2, 12.1.5
Lse 01 Documents. . , , , , , . , .. ." . . , . . . , . , , , ,1.3, 3.2.5, 5.3
L,,, ot Site,., . ..,. . ., , "., ""',' .4.13, 6,2.1
Values, Schedule of .""", , . . , . , , . , , , . , . , , , , , . . , , , . . . . 9.2
Waiver of Claims by the Contractor"" 7.6.2,8.3.2,9.9,5,11,3.6
Waiver of Claims by the Owner".,. ,7.6.2,9.9.4,11,3,6,11.4.1
Waiver of liens ,..,.."..,.",.,...,.""".,..,.,.,,9.9.2
Walranty and Warranties, " , , , , , , . , , , ,2.3.21, 4.5, 9.3,3, 9.8.4,
9.9.4, 13.2.2, 13.2.7
Weather Delavs .,.. . . . ,. . , , . . , . , . , . , . . . . , . ... .. ,.8.3.1
Words, RecognIZed .'leanlng 01 ......"......".".",.1.2.3
Work, Definition 01 .,.,.""........,..."".""." .1.1.3
WORK BY OWNER OR BY SEPARATE CONTRAaORS "..., ,6
Wnlten Con"ent .,....... .2.3 22,4.14.2,72,76.2,9.6.1,9,93
Wnlten Jnterprelatlom .". . ",..,. .1,1.1,2.3,11,12.3.2
WlIlten Sotlce ",.., ,2.3.11,2.3,15,4.2,4.7.3,4.7.4,4.9,4.12,6,
4.11.7,5.2.1,7.3,7.4,7.7.2,7.9.2,8.1.2,8.3.2,8.3.3,9.4.1,
961,97,991,10.2.6,11.14,11.3.1,11.3,5,11.3.7,
11,3.8,12.2,12.3,13,2.2,13.2.5.14
Wnlten Orders, ""...... , , "",,3,3,4.9,12.1.4,12.4.1,13.1
AlA DOCUME"IIiT Al01 eM' Ci......E;O:.5..L l,..::-,!j:iIO'S (H THt CU'~R.t"C~ fOR CO.....51KL(i:O.....
(u.....')TRLCTlO' ".t".....~Gi"E'T E!JliiO' . !L....E TQ?,!) [01110..... . "'I^~ . .f" 19~1 . THE
"",1(RIC,,'" I....STlTl ~[Of ~RCHI1[CT~ i-35 'l\\ 'lORt..:A,\'l .... \\' \.....SHISGTOS DC .:'fYll:)h
A201/CM-1980 5
WARN1NG: Unlicensed photocopying vlola1es U.S. copyright la'NS and IS subject 10 legal prosecution.
OS/25/93
5
GENERAL CONDITIONS
00750
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
-
I
ARTICLE 1
CONTRACT DOCUMENTS
1,1 DEfINITIONS
1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Owner-Contractor
Agreement, the Conditions 01 the Contract (General. Sup-
plementary and other Conditions), the Drawings, the
SpecificatIOns, and all Addenda issued prior to and all
Modifications Issued after execution of the Contract. A
Modification IS 111 a wTltten amendment to the Contract
signed by both parties, i2i a Change Order, (31 a wTltten
interpretatIOn Issued by the Architect pursuant to Sub.
paragraph 2.3,11, or (4) a wTltten order for a minor
change in the Work iS5ued by the Architect pursuant to
Paragraph 12.4. The Contract Documents do not include
Bidding Documents such as the Advertisement or Invita.
tion to Bid, the Instructions to Bidders. sample forms, the
Contractor's Bid or portions 01 ,'\ddenda relatlOg to any
01 these, or anv other documents unless speclfiCJllv enu-
merated 10 the Owner-Contractor Agreement.
1.1.2 THE CONTRACT
The Contract Documents form the Contract for construc.
tlon. This Contract represents the entlTe and IOtegraled
agreement between the parties hereto and supersedes all
pTlor negotiations, representations or agreements, either
wTltten or oral. The Contract mav be amended or modi-
fied only by a Modification as defined in Subparagraph
1.1,1. The Contract Documents shall not be conslrued to
create any contraclual relationship 01 any klOd between
the Architect and the Contractor, between the Construc.
tion Manager and the Contractor or between the Archi.
tect and the Construction _"'anager, but the Architect and
the Construction Manager shall be entitled to perform-
ance of the obligations of the Contractor Intended for
their benei,t and to enforcement thereof. Nothing con-
tained In the Contract Documents shall creale anv con.
tractual relationship between the Owner, the Co~struc-
tlon MJnager or the -\rch,lect and anv Subcontractor or
Sub-<ubcont r aClOr.
1.1.3 THEWORK
The \Vork comprrses the completed construction reqUired
of the Conlractor bv the Contract Documents, and In-
cludes all labor necessary to produce such construction,
and all mateTlals and equipment Incorporated or to be
Incorporated in such construction
1.1.4 THE PROJECT
The ProJect. as deflOed ,n the Owner-Contraclor Agree-
ment. 15 the total construction oi "h,ch the \\ork. per-
formed under the Contract Documents IS a part.
1,2 EXECUTION. CORRElATION AND INTENT
1,2.1 The contracl Documents shall be Signed In not
les< thJn quadruplicate bv the O\\ner and the Contractor,
II either the Owner or the Contractor or both do not sign
the Conditions oi the Contract. Dra\\ lOgS, Specliicallons
or any oi the other Contract Documents the Architect
shall identify such Documents. '
1.2.2 Execullon 01 the Contract by the Contractor is a
representation that the Contractor has \Islted the site be.
come familiar with the local conditions under which the
Work is to be periormed, and has correia led personal
observations With the requlTements 01 the Contract Docu.
ments.
1.2.3 The Intent oi the Contract Documents IS 10 Include
all Items necessarv lor the proper execution and comple.
lion of the Work, The Contract Documents are comple.
mentary, and 1\ hat IS reqUired bv an\' one shall be as
blOding as If reqUired by all. Work not cmered in the
Contract Documents will not be requ,red unless it is con-
sistent therewith and is reasonably Inferable therefrom as
being necessary to produce the intended re<ults. Words
and abbreviations \\ h'ch have well-known iechnical or
trade meanings are used In lhe Contract Documents in
accordance with such recognized meanings.
1,2.4 The organizatIOn oi lhe SpeC:llcallons Inlo diVI-
Sions, sections and articles and the arrangemen: ot Draw-
Ings shall not controi the contraclor rn dl\ldrn~ lhe Work
Jmong Subcontraciors 0r In establl<h,ng th~ extent of
Work 10 be performed bl aov trade.
1.3 OWNERSHIP AND USE OF DOCUMENTS
1.3.1 All Drawings. Specifications and copies thereof
furnished bv the. Architect are and sh~11 remain the prop.
erty 01 the Architect. Thev are to be used onlv with re-
spect to this Project and are not to be used on anv other
proJect. Wilh the exceptIon of one contract set for each
party to the Contract, such documents are to be returned
or suitably accounted for to the Architect on request at
the completIOn 01 the Work. Subm,":on or distrIbutIOn
to meet of1lclal regulatorv requirements or for olher pur-
poses In connectIOn \\"Ith ihe Prolect IS not !O be con.
strued as publication ,n derogation nf the -'lrchitect's
common law cop\Tlght or olher reserved right;
ARTICLE 2
ADMINISTRA nON OF THE CONTRACT
2.1 THE ARCHITECT
2.1.1 The Architect I; the person ~J\\Tulh censed to
practice architecture, or an entltv la\\lUII\' p'actlClng ar-
chitecture, identified as such in the Ow ner-contractor
Agreement. The term .-'I'Cl,tecl mean' the ';-ch,tect or
the Architect's authoTlzed repre~entatl\e.
2.2 THE CONSTRUCTIO'\tv-1Ai'O"CER
2.2.1 The Construction \1anager I; t~.e perso~ or l'ntlt\
IdentIfied as ~uch In tre Owner-conlraclor ~g'eemenl.
The term Conslrucl,on \1anager means lhe c-cnslruction
\lanager or the cOnqrucllon "Jr.Jger- JuthoTlzed
representalll e
2,3 ADMINISTRUIOi'O OF THE CO"TR"O
2.3,1 The Arch,teC! and ti">e Construction '~JnJger will
-'I" DOCUMENT A201lCM. c.r....E.I\~L (0'Di:.('-""" Of lY~ (O'''R~CT ;:OR CO'\.S.TRLCTlO'
CO'STRUCTIOr-. ,....~^....^GE\\E' T fOITIO.... . _:L....E "'!980 EDITIO," . Al^~ . -:s 1980 . THE
\\-\fRtC"..... I.....STIlL TE Of -\RCHITEC~' 1-]J '-E\\ \nR~ A.\'E. .... \\- \\A5Hl....CTO.... 0 ( ~QOCio,
A201/C.'.\ - 1980 6
WARNING: Unlicen~ photocopying VIolates U S. copyright laws and IS sublK1 to le-gat pro~\Jt!on
OS/25/93
00750
6
GENERAL CONDITIONS
provide administration of the Contract as hereinafter
descTlbed.
2.3.2 The ArchItect and the Construction Manager will
be the Owner's representatives during construction and
until final payment to all contractors is due, The Archi-
tect and the Construction Manager will advise and con-
sult WIth the Owner, All instructions to the Contractor
shall be forwarded through the Construction Manager.
The Arshitect and the Construction Manager will have
authoTltV to act on behalf of the Owner only to the extent
provided in the Contract Documents, unless otherwise
modified bv written instrument in accordance with Sub-
paragraph 2,3.22,
2.3.3 The Construction Manager will determine in gen-
eral that the Work of the Contractor is being performed
In Jccordance With the Contract Documents, and wlil en-
deavor to guard the Owner against defects and defICien-
cies In the Work of the Contractor.
2.3.4 The Architect will visit the site at intervals appro-
prrate to the stage of construction to become generally
jamlliar with the progress and quality of the Work and to
determine 10 general if the Work is proceeding in accord-
ance with the Contract Documents. However, the Archi-
tect will not be required to make exhaustive or con-
I'nuous on-site inspectiom to check the quality or quan-
ill\ of the Work. On the basis of on-site observations as
In architect. ihe Archilect will keep the Owner ,nformed
of the pro~ress of the Work, and will endeavor to guard
the Owner agamst defects and deficienCIes in the Work
of the Contractor,
2.3.5 Neither the Architect nor the Construction Man-
ager will be responSIble for or have control or charge or
construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in
connection with the Work, and neither will be respOn-
"ble tor the Contractor's failure to carry out the \Vork 10
Jccordance with the Contract Documents. Neither the
Architect nor the Construction Manager will be respon-
Sible for or have control or charge over the acts or omis-
Sions of the Contractor, Subco';lractors, or any of their
agents or employees, or any other persons performing anv
of the Work.
2.3,6 The Architect and lhe comtructlon Manager "hall
,1\ ail times have access to the Work wherever It IS in
preparation and progress. The Contractor shall prOVIde
facilities for such access ,,0 that the Architect and the
Construction Manager mav perlorm theIT functions under
the Contract Documents,
2.3.7 The Construction Manager will schedule and coor-
dinate the VVork of all contractors on the Project includ-
109 their u"e of the site. The ConstructIOn Manager will
keep lhe Contractor informed of the Project ConstructIOn
Schedule to enable the Contractor to plan and perform
the Work properlv.
2.3.8 The Construction Manager will review all Appltca-
lions for Pa\ment bv the Contractor, mcluding final pav-
ment, and ~vill assemble them with Similar applications
from other contractors on the Project into a combined
ProJect Appllcalion for Pavment. The ConstructIOn \~an-
Jger wrll then make recommendation' to the Architect
for certification for pa\'ment.
2.3,9 Based on the Architect's observations. lhe recom-
mendations of the Constructi.:>n Manager and an evalua-
tion of the Project Application for Payment. the Architect
will determine the amount owing to the Contractor and
w,lI issue a Project Certificate for Payment incorporating
such amount. as provided in Paragraph 9.4.
2.3.10 The Architect Will be the mterpreter of the re-
qUirements of the Contract Documents and the judge of
the performance thereunder by both the Owner and the
Contractor.
2.3.11 The Architect will render mterpretations neces-
sarv for the proper execution or progress of the Work,
,^,Ith reasonable promptness and in accordance with
agreed upon time limits, Either party to the Contract mav
make WTltten request to the Architect lor such interpreta-
tions,
2,3.12 Claims. disputes and other matters in question
between the Contractor and the Owner relating to the
execution or progress of the Work or the interpretation
of the Contract Documents shall be referred initially to
the Architect for deciSion, After consultation with the
Construction Manager, the Architect will rl'nder a deci-
Sion in writing within a reasonable time.
2.3.13 All interpretations and declsiom oi the Architect
,hall be consistent with the intent ot and rl'asonablv In-
ierable from the Contract Documents and will be in writ-
Ing or in graphic form. In thiS capacl!\' as Interpreter and
Judge, the Architect will endeavor to secure faithful per-
formance by both the Owner and the Contractor, w,lI not
show partiality to either. and Will not be liable for the
result of any interpretation or deciSion rendered in good
faith in such capacity,
2.3.14 The Architect's deCisions in matters relating to
artistic effect will be final if conSIStent With the intent of
the Contract Documents.
2.3.15 Any claim, dispute or other matter in question
between the Contractor and the Owner referred to the
~rch,tect through the Construction I\-\anager, except those
relating to artistic effect as provided In Subparagraph
2.3,14 and those which have been waived by the making
or acceptance of final payment as prOVided in Subpara-
graphs 9.9.4 through 9.96, inclU<.rve, shall be subject to
arbitration upon the v'Tltlen demand of either part\'.
Hov,ever. no demand lor .Hb,tratlon of ,1nv such claim.
dispute or other matter may be m,Jde unttl the earlier oi
,11 the date on which the Architect ha, rendered J V'Tlt-
ien deCision, or 121 the tenth day .liter the parties have
presented their evidence to the Archrtect or have been
given a reasonable opportunltv to do <0. IT the Architect
has not rendered a \\ ritten decl'lon hv that date. When
'uch a written deCISion of the ~rchitect <lates '1' that the
decr<.lon IS final but 'ub,ect to .1ppeal ,1nd :2' lhat an\'
demand for arbitration of a claim, dispute or other matter
covered bv such decision must be made ,,,thin thlTtv da\s
aiter the date on v, h'ch the part\ ma~lng the demand re-
ce".es the wTltten deCiSion. fatlure 10 dt'mand arbitration
Within 'aid thirt,. day peTlod \\111 result In the ArchItect's
decf",on becoming tlnal and blndlOg upon the Ov, ner
and the Contractor. If the Architect 'enders a decision
after arbitration proceedings h,1\e been Initiated, <uch
derl",on mav be entered a' ev,dencf' but v\i11 not surer-
,ede anv arbitration proceed lOgs unle', the decision i"
acceptable to all parlie' concernf'd
7 A201/CM -1980
AlA. DOCUME'T A:!01,CM . CE.'ERAL (0'01110'5 Of THE CO';~.1..C- rt'R CO'SI~L(T\O'"
CO"STRUCTIO" MA"AGE\IE"T 101T10i' . IL~[ 1980 101T10" . AIA~ . '"01980 . THE
.\v.(R1CA" l.....STlTL.l( OF ~RCH1HC1S. ~-;) ,['.\ ...O~~ A..' [ .... '.\ \\ \,,!--,!,r,ro, 0 C :('((16
WARNING: Unl,censed photocopying Violates U.S. copynghtlaws and is subject to I~., prosecution.
OS/25/93
7
GENERAL CONDITIONS
00750
2.3.16 The Architect will have authority to relect Work
which does not conform to the Contract Documents. and
to requITe special ,nspectlon or testlOg. but will take such
action only aiter consultation With the Construction .\.\c1n-
al4er. Sublect to review bv the Architect. the Construction
Manager w,11 have the authorltv to reject Work which
does not conform to the Contract Documents. Whenever,
In the Construction Managers oplOlon, It IS considered
necessary or advisable for the Implementation of the In-
tent of the Contract Documents, the ConstructIOn Man-
ager Will have authorrtv to requITe speCial inspection or
ieqlOg of the \,vork lO accordance With Subparagraph
- -1 whether or not >uch Work be then iabricated. 'n-
qalled or completed. The foregolOg authorrtv of the Con-
qructlon ,",,\anager wrll be sub,ect to the provisions oi
Subparagraphs 2.3,10 through 1,3,16, inclusive, with re-
,pect 10 Interpretations and deCISIOns 01 lhe ,A.rchttect
However, neither the Architect's nor the Construction
Manager's authoritv to act under thiS Subparagraph 2.316.
nor any decision made bv them in good faith either 10
exercise or not to exerCise such authoTltv shall give Tlse
to anv dutv or responslbrlltv of lhe Architect or the Con-
struction Manager to the Contractor, anv Subcontractor,
anv of their agents or emplovees, or anv other per<;on
performing anv of the Work
2,3.17 The Conslructlon '1.1nager \\,11 recel\e from the
conlractor and re\lew ail Shop Dra\\"lOg,. Product :)ata
and Samples, eoordlOate lhem \\Ith 'nformatlon contained
lO related documents, and transmit to the Architect those
recommended for appro\.al.
2.3.18 The Architect will review and approve or take
other appropriate action upon the Contractors submittals
such as Shop DrawlOgs, Product Data and Samples, but
only for conformance With the deSign concept of the
Work and the lOformatlon given lO the Contract Docu-
ments. Such action shall be taken With reasonable prompt-
ness so as to cause no delav. The ,~rch,tect's approval of
a speCifiC item shall not Indicate approval of an as<emblv
of which the item IS a component.
2.3.19 FollOWing consultation With the Construcllon
Manager, the Architect Will take appropriate action on
Change Orders lO accordance \\lth "'rtrcle 12, and \\111
have aulhorrlv to order minor changes In lhe \Vor, as
prOVided In Subparag,aph 1241
2,3,20 The Construcllon \\anager \\'iI' malOtalO at the
Project sHe one record copv of all Contracts, DraWings,
SpeCifications, ,-\ddenda. Change Orders and other Modl-
Ilcatlons pertalnlOg to lhe Prolect. lO good order -,nd
marked currently to record all cnanges made durrng
construction, and appro\ ed Shop DrawlOgs. Product
Data and Samples These ,hall be a\ailable to the Arch,-
lect and the Contractor, and shall be delIvered to the
Architect for the O",ner upon completion of the ProJect.
2.3.21 The Construction .\1.lnager \\'ill asslsl the Archi-
tect in conductlOg Inspections to determine lhe dates oj
Substantial Completion ,1nd IInal complellon, and \\ ill
receive and forward to lhe Owner lor the Owners rev lew
\\ rrtten warranties and related documenls reqUITed b'. ihe
Contract ,1nd as,embled bv the Cunlractor The Arcnt'ect
will ",ue a Ilnal PrOlect Cerl,i,cate for Paymenl upon
compliance with the requlTements of Paragraph 9.9.
2.3,22 The duties, responsibilities and limitations of
authority of the Architect and the Construction Manager
as the Owner s representatives durlOg construc:,on as ,et
lorth 10 the Contract Documents, \\111 not be modified or
extended \~ithout wtltlen consent 01 the 0\\ ner the Con-
tractor, the ,-\rchitect and the ConstructlOn\,\anali\er,
which consent shall not be unreasonablv Withheld. Failure
01 the Contractor to respond withlO ten davs to a '" rrtten
request shall constitute consent by the Contractor.
2.3.23 In case of the termination of the emplo\ ment of
lhe Arch,lect or the ConstructIOn \\,maller :~e Owner
,hall ,1ppOlOt an architect or a construction manager
against \\ hom !r.e Contractor makes no rea~onaD!e objec-
tion and \\ ho,e status under the Contract Documenl,
,hall be that or the former architect or con,truc,on man-
,1I~er, re'pecil\elv ,-\nv dispute in conncctlon ,\Ith such
dppolntment' 'hall be subJect to arbltr,1\Jon
ARTiClE 3
OWNER
3.1 DEfINITION
3.1.1 The O\\ner is the person or entlt~ tcentliied as
'uch 10 Ihe 0\\ ner-Contractor Agreement The term
0\\ ner mean, the 0\\ ner or Ihe 0\\ ner, Juthorized
cl'pre,enta tl\ e.
3,2 l~fORMATION AND SERVICES REQUIRED Of
THE OWNER
3.2,1 The 0\\ ner shall, at the requeSl oi the Contractor,
at the time of execution of the Owner-Contractor Agree-
ment iurnlsh to the Contractor reasonable eVidence that
the Owner has made flOancial arrangements to tulfill the
Owner's obligations under the Contract. Lnless ~uch
reasonable e\"ldence is furnished, the Contractor IS not
reqUITed 10 execute the Owner-Contractor Agreement or
to commence the Work, '
3,2.2 The 0\\ ner shall lurnlsh ,111 <UT\ e\< de~crrblng lhe
phYSical characteTlstics, legal limitations and utillt\' loca-
tions ior the site of the ProJect. and a legal de<GlpllOn of
the site.
3.2.3 beept as prOVided in Subpar,lgraph 4.7,1, lhe
Owner shall secure and pav for nl'Ce",lT\ "PP'C'\ .11" e.1se-
ment~. a',e<<men!i .1nd charges requrred inr '~e construe-
I:on, u,e or occupancv of permanent ,t'uC:c;'es or for
fJ(>rmJnent change.:;; In e\lstlng tacdtll(':-
3,2.4 Iniormdtlon or services under the 0\\ ne' , control
'''all be lurnl,r.ed bv the O\\ner \\lth 'ea'Un,10 e prompt-
ness 10 .1\ Old delav ,n the orderl\ progre'~ 01 '-e \\'ork.
3.2,5 Lnle" othem I'e pro\ Ided 10 ihe Coni-act Docu-
cnenl', in!.' Contractor \\111 be lurnl,hed, f,el' "r charge,
,111 COptl" or DraWing, and SpecrllCltlon' rea'onabl\ nec-
essary ior lhe execution 01 the Work.
3,2.6 Hle O\\ner ,hall fOr\\drd ,1:1 ,nqruCIcn, to the
Contractor through the Construction \\,1nager \\tth <Imul-
laneou, nOlif'Ci!On to the Archllecl
3.2.7 The lore~olng are 10 addition to Dlher c'~lle' and
'espon"hrillle, 0; the O\\ner enuml"Jted h(H~" and e'-
peclall\ those ,-, re,pect to \\ork B\ O\\ne' !." fh 'cpa-
rale Conlraclo!'. Pa\ments ,lnd Canlolet!!m ,.~d !n,ur-
,1nce In Artlcle'!l q and 11, re'pecll\ e'\
A.IA OOCUME"-iT A~Ol (.'1;\. ' ['..~i\.),~ C(;",~':.;()""'''' Of 'THE CO',~; 1.('7 fOR CO'<':"LCTiC-",
CO""SH\1.JCTIOS "'\A"ACE'.~E.""T [DiTIO..... . ;i...'( 1980 (DillON . "'JA~ . :3' 19811 . iHE
."HR!(4.' l,qrll'H OF -\RCHI1[C:<:: 1:"::-, '.t..\- )OR~.'\[ '\. \\ .\ ""HI'\.GTO'\. U { : .-,."
'\201/C.\\ - 1980 8
V_'ARN1NG Unlicensed photocopying vlc,.a:es U_S. copyright la'HS and IS SUoject to legai prosecution.
OS/25/93
GENE?AL CONDITIONS
,:;0750
8
3.3 OWNER'S RIGHT TO STOP THE WORK
3.3.1 If the Contractor fails to correct defective Work as
required bv Paragraph 13,2, or persistentlv fails to carry
out the Work in accordance With the Contract Docu-
ments, the Owner, by a written order signed personally or
by an agent speCIfically so empowered by the Owner in
wTlting, may order the Contractor to stop the Work, or
any portIOn thereof, until the cause for such order has
been eliminated; however, this right of the Owner to stop
the Work shall not give TlSe to any dutv on the part oi the
Owner to exercise thiS Tight for the beneiit oi the Con-
tractor or any other person or enlity, except to the extent
required bv Subp<iragraph &,1.3,
3,4 OWNER'S RIGHT TO CARRY OUT THE WORK
3.4.1. If the Contractor deiaults or neglects to carrv out
the Work in accordance With the Contract Documents,
and iails wllh,n seven davs after receipt or written notice
irom the Owner to commence and continue correction oi
such default or neglect with diligence and promptness,
the Owner mav, after seven davs following receipt by the
Contractor of an additional written notice and without
prejudice to any other remedy the Owner mav have,
make good such deficienCies, In such case an appropriate
Change Order shall be issued deducting from the pay-
ments then or thereafter due the Contractor the cost of
correcting such deiiClencles, including compensation for
the Architect's and the Construction Manager's additional
,erVlces made nece<sarv bv such default. neglect or fail-
ure. Such action bv the Owner and the amount charged
to the Contractor ~re both subject to the prior approval
of the Architect. after consultation with the Construction
\lanager. If the payments then or thereatter due the Con-
tractor are not sufficient to cover such amount, the Con-
lractor shall pay the difference to the 0\\ neT.
ARTICLE 4
CONTRACTOR
4.1 DEFINITION
4.1,1 The Contractor IS the person or enlltv identified as
such in the Owner-Contractor Agreement. The term Con-
tractor means the Contractor or the Contractor's author-
'led representative.
4,2 REVIEW OF CONTRACT DOCUMENTS
4,2,1 The Contractor -hall carefullv <Iud\' and compare
the Contract Documents and shall at once report to the
-\rchitecl and the Comtructlon \lanager am. error, incon-
'I stene> or omission that ma\ be dl~co\ ered. The Con-
tractor shall not be liable to the 0\\ ner the .-\rchilect or
the Con<\ructlon\lanager for anv dam,lce resulting from
,1nv ~uch error~. inconslqcnC1C";' or oml,';'1,-~n..:;. :n the Con.
tract Documents. The Contractor ,hail per;orm no pOlllon
oi the \\'ork at anv time without Contract Document< or,
\\ here reqUITed JPpro\ed Shop Dra\\ '''C'. Product Data
or S.lmples for .uch portion oi the \\'or~
4,3 SUPERVISION AND CONSTRUCTION
PROCEDURES
4.3.1 The Contraclor shall .upeT\ I'e ,ind dlTecl the
Work L'lng the Conlractor', be. I ,krll ,,~d aitentlon. The
ContrJctor ,hall be sol"l\' re'pon,.ble it" ,111 construcllOn
.'11eans. melhod- technique, 'eQucnce, ,ind procedures.
and shall coordinate all portions of the Work under the
Contract, subject to the overall coordination of the Con-
struction Manager.
4.3.2 The Contractor shall be responSible to the Owner
for the acts and omissions of the Conlractor's employees,
Subcontractors and their agents and emplovees, and any
other persons performing any oi the Work under a con-
tract with the Contractor.
4.3.3 The Contractor shall not be relieved from the
Contractor's obligations to perform the Work in accord-
ance with the Contract Documents either bv the activities
or duties of the Construction \lanager or the Architect
In their administration of the Contract. or bv inspections,
tests or approvals reqUired or performed under Paragraph
7.7 bv persons other than the Contractor.
4.4 lABOR AND MATERIALS
4.4.1 Unless otherwise provided in the Contract Docu-
ments, the Contractor shall provide and pay for all labor.
materials, equipment, tools, construction equipment and
machinery, water, heat, utilities, transportation, and other
facililles and services necessarY for the proper execution
and completion of the Work. whether temporary or per-
manent and whether or not IOcorporated or to be incor-
porated rn the Work.
4.4.2 The Contractor shall at .111 time' cniorce <trict dis-
Cipline and good order ,lmon~ the Contractor's em-
plovees and ,hall not emplov on. the Work any unfit per-
.on or an~one not skilled in the 1.1<k aSSigned them.
4.5 WARRANTY
4.5,1 The Contractor warrants 10 the Owner, the Archi-
lect and the Construclion .\lanager that all materials and
eqUlpn:ent furnIShed under thiS Contract will be new un-
less otherwise specified, and that all Work wdl be of good
quality, iree irom faults and defects and in conformance
With the Contract Documents. All Work not coniorming
to these requirements, including ..ubstllutions not prop-
erlv appro\'ed and authorized, ma\ be conSidered defec-
tive. If required by the Architect or the Construction Man-
ager, the Contractor shall furnish satlstactorv evidence as
10 the krnd and qualltv of materials and equipment. This
\\ arrant\' IS not limited bv the rro\ I'lons of Paragraph
n~
4,6 TAXES
4,6.1 The Contractor shall P"\ all ,ale" consumer, use
Jnd other ;rmrlar tJ\.es for the \\'ork or portions thereoi
prOVided bv the Contractor which are legally enacted at
the tlmc bid, Me received, \\ ~ether rH not vet effective.
4.7 PERMITS, FEES ANI) NOTICES
4,7.1 L nil''' other\\he prO\ ded !n :he C,'ntract Docu-
ment' :',,, O\\ner -",;'1 'c'C~'(' Jnd P,l" !ll' the budding
permll and the Contractor ,hJII ,ecure and pay ior all
other permits and governmenlal fee, licen.es and inspec-
tions nere'SJr\ ior lhe proper e,,'cullon ,;"d completion
01 the \\'ork \\h,ch are custcmarol\ ,ecured .1fter execu-
tion 01 ihe Contract Jnd which ,1ft' iC'~,111\ required at the
lime b,d, ,He '"ce"ed
4.7.2 The Conlractor ,hal! "r,e ,,II ~[)tlce' and compl\
\\tlh ,,;; 1.1\\' ordinance., rL."', rpc:ui,l!;OO< Jnd la\\iul
order' 01 aO\' publiC autho":., beafinc: on lhe perform-
,1nce ni :he \\.ork.
9
A201/CM -1980
"I.."\{ ~ f(-{" (O,qI\LC~:C">
. ~.;~~ . ~ 1980 . THE
,\ \'.';'(",10' n C ::r~-."l
4.IA OOCU'A["'T "201 eM' t->.;;.: ~~ l - ....r;:-c;\., IjF "+< (-I
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OS/25/93
9
GENERAL CONDITIONS
00750
4.i.3 It is not the responsibility of the Contractor to
make ceria In that the Contract Documents are in accord-
ance wilh applicable laws. statutes. building codes and
'egulalions. If the Contractor observes that any of the
Contract Documents are at variance therewilh in any re-
<pect. the Contractor shall promptly notify the Architect
and the Construction ''''1anager in writing. and any neces-
suy changes shall be accomplished by appropriate
\Iodiiication.
4.7.4 If the Contractor performs any Work knowing it
to be contrary to such laws, ordinances. rules and regula-
lions. and without such nolice to the Architect and the
Construction Manager. the Contractor shall assume full
responslbilitv therefor and shall bear all costs attributable
thereto. .
4.8 ALLOWANCES
4.8.1 The Contractor shall Include In the Contract Sum
all allowances stated in the Contract Documents. Items
covered by these allowances shall be supplied for such
amounts and by such persons as the Construction Man-
ager may direct. but the Contractor will not be required
to employ persons against whom the Contractor makes a
.rasonable obj~ction.
4.8.2 Unless otherwise pro\"lded in the Contract Docu-
ments:
.1 these allowances shall cover the cost to the
Contractor. less an\" applicable trade discount.
01 the materials and equipment reqUired b\" the
allowance. dell\"ered at the >lte. and ali appli-
cable taxes;
.2 the Contractor's costs for unloading and han-
dllOg on the site. labor. installation costs. o\"er-
head. prolit and other expenses contemplated
for the Original allowance shall be included in
the Contract Sum and not 10 the allowance:
.3 whenever the cost is more or less than the
allowance. the Contract Sum shall be adjusted
accordingly bv Change Order. the Jmount 01
which will recognize changes. If any. In han-
dling costs on the "te. labor. Installation costs.
overhead. profit and other expenses.
4.9 SUPERINTENDENT
4.9.1 The Contractor shall emplo\" J competent superln-
:endent and necessar.. a,s":J~t; v,ho '~JII be ,n attend-
Jnce at the Prolect site du"n~ the progress 01 the Work
The superintendent shall represent the Contractor and all
communICations Ii,ven to the <uperlntendent <hall be as
binding as If gl\"en to the Contractor. Important commu-
nications shall be conllrmed 10 wrltlOg. Other communi-
otlOOS shall be so cant limed on V\fltten reouC'st 10 each
rase.
4.10 CONTRACTOR'S CONSTRUCTION SCHEDL!LE
4.10.1 The ContrJctor immedlatel\" alter belClg Jv,arded
the Contract. shall prepare Jnd submll tor the Construc-
lion .\-Ianager's approval a Contractor's Construction
Schedule lor the Work \\ h,ch ,hall prO\" Ide lor exped,-
',ou' Jnd prJctiCJble execution 01 the \\nrl Th" ,ched-
ule <hall be coordlOated bv the Cl)n-truct,on \-lanJcer
.\llh the P'olect Construct,on "'(hedule The CnCltr,lrtor,
Construction Schedule ,hJII be revised as requlled bv the
conditions of the Work and the ProJect, subJect to the
Construction Manager's approval.
4.11 DOCUMENTS AND SAMPLES AT THE SITE
4.11.1 The Contractor shall malOtalO dt the Project Site,
on a current basis, one record copy of all Drawings,
Specifications, Addenda, Change Orders and other Modi-
fications, in good order and marked currently to record
all changes made during construction. and approved Shop
DraWings, Product Data and Samples. These shall be
ayailable to the Architect and the Construction Manager.
The Contractor shall advise the Construction ,\1anager on
a current basis of dll changes 10 the Work made during
construction.
4.12 SHOP DRAWINGS, PRODUCT DATA AND
SAMPLES
4.12.1 Shop Drawings are dra~lOgs, diagrJms. schedules
and other data specially prepared lor the \\ork by the
Contractor or any Subcontractor, manulacturer, supplier
or distributor to illustrate some portion of the Work.
4.12.2 Product Data are illustrations, standard schedules.
pedormance charts, instructions. brochures. diagrams and
other information furnished by the Contractor to Illustrate
a mateflal. product or syste~ lor some portion 01 the
\Vork.
4.12.3 Samples are phvsical ex,lmpie, \\ hlcn .IlustrJte
maleflals. equipment or v'orkmansolp. JCld establish
,tandards bv which the Work y".I1 be ludgeo.
4.12.4 The Contractor shall prepare. rev lew. approve and
submit through the Construction Manager. v\lth reason-
Jble promptness and in such sequence as to cause no de-
lav in the Work or in the work of the Owner or any sepa-
rate contractor, all Shop DrawlOgs. Product Data and
SJmples required by the Contract Documents. The Con-
tractor shall cooperate with the Construction \olanager in
the Construction Mdnager's coordlOatlon or the Contrac-
tor's Shop Drawings. Product Data .lnd Samples with
those of other separate contractors.
4.12.5 By preparing, apprO\lng and 'ubmlttlOg Shop
Drawings, Product Data and Samples. the Contractor rep-
resents that the Contractor has determlOed and verified
JII materials. field measurement> and field construction
cfltefla related thereto, or \\111 do ,0 \\Ith reJsonable
promptness. Jnd has checked .lnd ("",dlO.1:ed :r.P IOIor-
mJtlon con tamed vv linin ,uch ,unmlll.1" \\ ::n Ire 'equlle-
ments or the Work. the Project .1nd :t.(' (.)Cl:rJCI Docu-
ments.
4.12.6 The ContrJctor <hall not he re!;e\pd ,.. ',.,'oomlbd-
ilv lor am deViatIOn trom the requlfemen:, H :oe Con-
tract Documents bv the Arcn,tecl, .1pp',,\ ." 01 Shop
DrJ\\' lOgs. Product Data or SJmplp, unO'H ~G:)DJrJ\Zraph
2.318. unless the Contractor has ,pec!1:(.:I:'. "",o-med the
>,rchllect Jnd the Construction \I.lna'.:,'r ..., .\fllIOg 01
'uch de\latlon Jt the time (IT subm,,,,on .1'10 lhe >'rch"
teet hJ:,- '~I\en \\fltten .1pprO\.jJ ~'l 'i-" ..pp(.~. ':e\i,l!IOn
Thp COnlrJctor shall not be 'e,"'\ ,.,~ 1" ''11 'l',oon"btllt\
lor error.. or oml~'lon~ In the )h(lp ;)~.1\\ ~...:..;,. Product
f),l!J or 5.lmple..;, n\ 1~~' -\rcr.rtf"Cl ".i:';-,"n'.,1: 'hem.
4.12.7 The ContrJclo' 'h,lil r..'e(! ';'1'("'( J"("'1:,on ,n
\\'rltJn~ or on re,ubml~ted ~r-('r) Dr.l'....n\.> r-":iiJct DJtJ
or Samp'l", to rev ""~, nthec '-.,~ I ....' 'M~(--r('C h\ the
-\rchllect on rHC\ iou.;, ..ubml~~.:....
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-\201 C\I - 1980 10
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OS/25/93
00'750
10
GENERAL CONDITIONS
4.12.8 1"0 portion oi the Work requiring submission of i
Shop Drawing. Product Data or Sample shall be com-
menced until the submittal has been approved by the
Architect JS provided In Subparagraph 2.3.18. ~II such
portions of the Work shall be in accordance With ap-
proved submittals.
4.13 USE Of SITE
4.13.1 1 he Contractor shall contine operations at the site
to areas permitted by law. ordinances, permits and the
Contract Documents. and shall not unreasonablv encum-
ber the Site With any materials or equipment.
.t 13.2 The Contractor shall coordinate all of the Contrac-
tor's oper.1110ns With. and secure approval from, the Con-
Qrucl10n .'V\anager belore uSIOg any portion 01 the site.
4.14 CUTTING AND PATCHING OF WORK
4.14.1 The Contractor shJII be responsible ior all cutting,
Iltting or patching that may be required to complete the
Work or to make its several parts fit together properly.
4.14.2 The Contractor shall not damage or endanger any
portion of the Work or the work of the Owner or any
separate contractors bv cutting. patching or otherwise
altering any work. or by excavation. The Contractor shall
not cut or otherWise alter the work of the Owner or any
'eparate contractor except mth the written consent oi the
Owner and oi such sep.1rJte contrJctor. The Contractor
shall not unreason,lblv \\ Ithhold from the Owner or anv
.eparate contractor consent to rutting or otherwi<e alter-
,ng the' Work
4.15 CLEANING UP
4.15.1 The Contractor shall at all times keep the premises
Iree trom accumulation 01 waste materials or rubbish
caused by the Contractor's operations. At the completion
of the Work. the Contractor shall remove all the Contrac-
tor's waste materials and rubbish from and about the
Project as ....ell as all the ContrJctor's tools. construction
equipment. machinerv and surplus materials.
4.15.2 If the Contractor iails to clean up at the comple-
tion oi the Work, the Owner mav do '0 as prov Ided in
Pdfagraph 3.4 and the cost thereol <hall be charged to the
Contractor.
4.16 COMMUNICATIONS
4.16.1 The Contractor ,h.1l! fOf\\Jrd all (O'1~mt,;n,catlons
to the Owner and the Arch,tect through the Con5truction
\Ianager.
4.1i ROYALTIES AND PATENTS
4.li.l The Contractor shall pa\ all rovaltle, and license
lees. snail deiend all sulls or claIms tor 'ntrlngement 01
Jny patent rights and shall sa\ e the OV\ ner and Ihe Con.
structlon ,\Ianager harmle,s Trom 105s on account thereol.
except that the Owner. or the Construction ,\Ianager as
the CJse ma\" be. shall be responsible for all such loss
when J pJrllCul,H deSign. proce<< or the prodt,;ct 01 ,1 par.
IlculM manulacturer or mJnutJcturers IS selected bv such
person or 'uch person's ac;enl. II the Contr.;clor. or the
Con<trucllon \\anager as the case mav be. has reason to
belie\e that :he desl\~n. proce,' or product 'elected i5 an
,nlrln~em('nt 01 J palent lnat p,;rtv ,hall be re'pon'lble
lor sucn loss unle<s such 'nrormJtlon 1< pmm:Jlh given to
the other< JreG Jlso to the Arch,tecl.
4.18 INDEMNtFICATlON
4.18.1 To the fullest extent permitted by law. the Con-
tractor shall indemndy and hold harmless the Owner. the
-\rchltect. the Construcl1on Manager. and their agents and
employees from and against all c1Jlms. damages, losses
and expenses. Including, but not limited to, attorneys'
fees arising out of or resulting Irom the performance of
the Work, provided that anv such claim. damage, loss or
e~pense 11) is attrabutable to bod.i\ Inlurv, sickness, dis-
ease or death, or to injury to or destruCl10n oi tangible
;;roperty (other than the Work Itseltl including the loss of
~;e resulting therelrom. and '2. 15 caused In whole or in
pJrt bv any negligent act or omISSIon at the Contractor.
.;nv Subcontractor, anyone directi\ or indirectly employed
bv any oi them or anyone ior "nose acts any 01 them
mav be liable. regardless of whether or not It is caused
n part bv J party Indemnllied he'eurder. Such obligation
-hall not be construed to negate. abridge or otherwise
reduce any other right or obligation 01 Indemnity which
would otherwise exist as to any partv or person described
In thiS Paragraph 4.18.
4.18.2 In any and all claims agaln~t the Ov\ner. the Archi-
:ecl. the Construction Manager or any 01 their agents or
employees by any employee of the Contractor, any Sub-
,ontractor. anyone directlv or IOclrectlv emploved by an\"
01 them or anyone for whose ,1(:, JO\" 01 them may be
:Jble. the indemnJI,catlon obilCJtlOn under this PJra-
~raph 4.18 shall not be limited 10 anv wav by anv lim.ta-
:,on on the amount or tvpe 01 dam.;~e,. compensation or
benellts payable by or ior the Contractor or any Sub-
contractor under workers' or v\orkmen's compensation
Jct,. disability benel.t acts or othe- emplovee benellt acts.
4.18.3 The obligations 01 the Contractor under this Para-
graph 4.18 shall not extend to the liability of the Architect
or the Construclton Manager. their agents or employees.
J"slOg out of (1) the preparation or approval of maps.
drawings. opinions. reports. survevs. Change Orders, de-
-Igns or specllicatlons. or (2i the ~I\lng oi or the lailure to
g" e directions or instructions bv the Architect or the
Construction Manager. then agents or employees. pro-
\Ided such giving or ladure to give IS the prlmarv cause
nl the injurv or damage.
ARTiClE .5
SUBCONTRACTORS
5.1 DEFINITION
5.1.1 .-\ Subcontractor" J per" ~ ')' e~I,t\ \,ho has a
clfect contract \, Ith the Contracto' \Cl penorm Jnv 01 the
'.\ ork at the site. The term SuhC.:~lraclO' meJns a Sub-
~ontractor or a Subcontractor- J~:-.o':zeG 'l';J'esentative.
;'1(' term Subconlr,lclor does f1. : 'nc:uce ,,''v separate
contractor or anv separate contracur', 'Lncontractors.
5.1.2 -\ Sub.subcontractClO IS .1 l",,"on or enl:tv v, ho has
J dlfect or IOdnect contract \\ ,,'- '~;~lC~I'Jctor:o per-
'orm anv 01 the Work at the -Ite -ne te'm 5ub.subcon.
".lcIClr means a Sub,'ubC(1nlr,lCll . ,,' .1" .,uthClflled rep.
'hentJtl\"e thereof.
5.2 AWARDS OF SUBCONTRACTS -\'D OTHER
CO~TRACTS FOR PORTIONS OF THE \\OR~
5.2.1 L.:nless otherwise reqUired c\ the Coretracl Docu.
11
A201/CM - 1980
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OS/25/93
11
GENERAL CONDITIONS
00750
ments or the Bidding Documents, the Contractor, as soon
as practicable after the award of the Contract, shall fur-
nish to the Construction Manager in writing for review
by the Owner, the Architect and the Construction Man-
ager, the names of the persons or entities (including those
who are to furnish materials or equipment fabricated to
a special design) proposed ior each of the principal por-
tions of the Work. The Construction Manager will
promptly reply to the Contractor in writing stating
whether or not the Owner, the Architect or the Con-
struction Manager, after due investigation, has reasonable
objection to any such proposed person or entity. Failure
of the Construction Manager to reply promptly shall con-
stitute notice of no reasonable objection.
5.2.2 The Contractor shall not contract with any such
proposed person or entity to whom the Owner, the Ar-
chitect or the Construction f'vlanager has made reasonable
objection under the proYlsions of Subparagraph 5.2.1. The
Contractor shall not be required to contract With anyone
to whom the Contractor has a reasonable objection.
5.2.3 If the Owner, the Architect or the Construction
II.~anager has reasonable objection to any such proposed
person or entity, the Contractor shall submit a substitute
to whom the Owner, the Architect and the Construction
Manager have no reasonable objection, and the Contract
Sum shall be increased or decreased by the difference in
cost occasioned by such substitution and In appropriate
Change Order shall be Issued; however. no increase in
the Contract Sum shall be allowed for any such substitu-
tion unless the Contractor has acted promptly and re-
sponsively in submitting names as required by Subpara-
graph 5.2.1.
5.2.4 The Contractor shall make no substitution for any
Subcontractor, person or entity previously selected if the
Owner, the Architect or the Construction Manager makes
reasonable objection to such substltullon.
5.3 SUBCONTRACTUAl RELATIONS
5.3.1 By an appropriate agreement. written where legally
required for validity, the Contractor shall require each
Subcontractor, to the extent of the Work to be performed
by the Subcontractor, to be bound to the Contractor by
the terms of the Contract Documents. and to assume to-
ward the Contractor JII the obligations and responSibili-
ties whICh the Contractor bv these Documents. assumes
toward the Owner. the Architect and the Construction
.\~anager. Said agreement shall presef'.e and protect the
rights 01 the Owner. the Architect and the Construction
Manager under the Contract Documents With respect to
the Work to be performed bv the Subcontractor so that
the subcontracting thereoi will not prejudice such rights.
and shall allow to the Subcontractor. unles5 specifically
prOVided otherwise 10 the Contractor-Subcontractor
Agreement, the benellt of all rights. remedies and redress
against the Contractor that the Contractor. by these Docu-
ments. has against the Owner Where .1ppropriate. the
Contractor shall require each SubcontrJctor to enter into
similar agreements With their Sub-subcontractors. The
Contractor shall make J\"ailJble to eJch proposed Sub-
contractor, prior to the execution 01 the Subcontract.
copies oi the ContrJct Documents to wh,ch the Subcon-
tractor will be bound by this PJragraph 33. and identlfv
to the Subcontractor anI. terms and conditiOns 01 the pro-
posed Subcontract which ma\' be at variance with the
Contract Documents. Each Subcontractor shall similarly
make copies 01 such Documents available to their Sub-
subcontractors.
ARTIClE 6
WORK BY OWNER OR BY
SEPARATE CONTRACTORS
6.1 OWNER'S RIGHT TO PERfORM WORK AND TO
AWARD SEPARATE CONTRACTS
6.1.1 The Owner resef'.'es the right to perform work re-
lated to the Project With the O\vner's own forces, and to
award separate contracts in connection With other por-
tions 01 the Project or other wori.. on the sile under these
or Similar Conditions of the Contract. Ii the Contractor
claims that delay, damage or additional cost is involved
because oi such action by the Ovvner, the Contractor shall
make such claim as provided el.ewhere in the Contract
Documents.
6.1.2 When separate contracts are awarded for different
portions of the Project or other 'v ork on the site, the term
Contractor in the Contract Documents in each case shall
mean the Contractor who executes each separate Owner-
Contractor Agreement.
6.1.3 The Owner will prOVide Icr the coordination of the
work of the Owner's own forces and 01 each separate
contractor With the Work oj the Contractor. who shall
cooperate therewith as provided 10 Paragraph 6.2.
6.2 MUTUAL RESPONSIBILITY
6.2.1 The Contractor shall afford the Owner, the Con-
struction Manager and separate contractors reasonable
opportunity for the introduction and storage of their ma-
teClals and equipment and the execution of their work,
and shall connect and coordinate the Work with theirs
as required by the Contract Documents.
6.2.2 If any part of the Contractor's Work depends for
proper execution or results upon the work of the Owner
or any separate contractor, the Contractor shall, prior to
proceeding with the Work. promptly report to the Con-
struction Manager any apparent discrepancies or defects
in such other work that render it unSUitable for such
proper execution and results. FJ,:ure 01 the Contractor <0
to report shall constitute an acceptance 01 the Cwner's
or separate contractor's v\ork a' . t and proper to receive
the Work. except as to defects" hich mal. subsequentlv
become apparent 10 such work by' others.
6.2.3 AnI. costs caused bv defective or ill-timed work
shall be borne bv the pJrty respon"ble therelor.
6.204 Should the Contractor v\fcnglullv cause damage to
the work or propertv 01 the OV\ r.er, or to other work or
propertv on the Site. the Contractor shall promptlv rem-
edv such damage as prOVided 10 Subparagraph 10.2.5.
6.2.5 Should the Contractor vv -.Jnglull\" delav or cause
damage to the work or propert\ 01 am separate contrac-
lor. the Contractor shall. upon cue notice. promptly at-
tempt to ,ettle With such other ,_,ntractor bv Jgreement.
or otherwise to resolve the dl'DL le. II 'uch separate con-
tractor sues or ,nltiates an arb;t,"t:on proceed 109 against
the 0" ner on account 01 ,1m Co:' 'v or dJmJge alleged to
ha\e been cJused bv the Contr.1clor. the Ovvner shall
"14. OOCL''\\EST Al01 eM. CE'ERAl CO'Dli:O'-S or THE CC'lR:'CT fO~ C)....~TI\L'r;..:o'
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OS/25/93
12
GENERAL CONDITIONS
00750
notliv the Contractor who shall defend such proceedings
at the Owner's expense, and if any judgment or award
agaln~t the Ov,ner arises therefrom. the Contractor shall
pavor ,atlSI\ It Jnd shall reimburse the OV\ ner ior all
atlorne\s fees and court or Jrbltratlon costs which the
Owner has mcurred.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises between the Contractor and
separate contractors as to thetr responsibility for cleaning
up as requtred bv Paragraph 4.15. the Owner may clean
up and charge the cost thereol to the contractors respon-
5,ole thereior as the ConstructIOn .'>Ianager shall deter.
mine to be just.
ARTICLE 7
MISCEllANEOUS PROVISIONS
7.1 GOvt:RNING LAW
7.1.1 The Contract shall be governed bv the law of the
place where the Project IS located.
7.2 SUCCESSORS AND ASSIGNS
7.2.1 The Owner and the Contractor. respectlvelv. bind
themselves. thell partners. successors, aSSIgns Jnd legal
representatives to the other partv hereto and to the part.
ners. successors. JSSlgns and legal repre'entatlves 01 such
other party With respect to all covenants. Jgreements and
ubllgJtlons conta,ned In the ContrJct Documents. '-'either
part\ to the Contract shall assign the Contract or sublet It
JS a whole Without the written consent of the other.
7.3 WRITTEN NOTICE
7.3.1 Written notice shall be deemed to have been dulv
served If delivered in person to the IOd,vlduJI or mem-
ber of the film or entity or to an Officer ot the corpora-
tion for whom it was Intended, or If delivered at or sent
bv registered or certllied mad to the IJst ouslOess address
known to the party gl"ng the notICe.
7.4 CLAIMS FOR DAMAGES
7.4.1 Should either party to the ContrJct suffer Injury or
damage to per>on or property becau<e 01 an\' Jct or omis.
'ion 01 the other pJrtv or 01 .10\ Of the other parl\'
emplo\'ces. Jgents or othcr~ tl.H \\ h()~e jets ~uLh pJrt\ I~
egallv liable, claim ,hall be mJde in "rltlnf: to <uch
.,:her party .."th,n J re.1sonable time .1rter the 1",t ubserv.
.lnce of such ,nlurv or damage
7.5 PERFOR'vIANCE BOND AND LABOR Af'o.O
MAlERIAL PAYMENT BOND
7.5.1 The O..,ner shJl1 have the ,,~ht to rec:ulle the
Cuntractor to lurnlsh bonds CO\ erlng the fJlthtui pertorm.
ance or the Contract Jnd the pJ' ment 01 JII obl'~atlons
J'",ng thereunder II Jnd J< requICed In the B,dd:n~ Doc.
"",crt< "[ Ih" C"ntrJct Oocurwnts
7.6 RIGHTS AND REMEDIES
7.6.1 The duties Jnd obli~.lt,,\r< ,mpo<ed b\ the Con,
I~JC: D(l(u;nents Jna :hC' rl'..:~r" Jnd rE:~pdle.; ,:\~l::"lo:e
'~~(,r('undE:'r --hail be In Jcdll!or In ..lnd nClt Ll :Irf':::z.:tj()n (:':
,in\ dullc'- cbi;i.;atlon, right.;;. ."':nd rpmcc'('..; OPlef\\ I"P !m.
:'o<('d or J.. ;,,,,,bie b\ IJw.
7.6.2 r-.:o action or failure to act by the Owner, the Ar-
chitect. the Construction Manager or the Contractor shall
constitute a waiver of any f1Rht or duty afforded anv of
them under the Contract, n~r ,hail am' such action or
iadure to act conshtute an appro\al 01 or acqUIescence in
any breach thereunder, except as ma" be specilically
agreed in writing.
7.7 TESTS
7.7.1 If the Contract Documents. laws. ordinances, rules,
regulations or orders of any public authoflty having juris-
diction require any portion 01 the Work to be inspected,
tested or approved, the Contractor ,hali give the Architect
.lnd the Construction Manager Ilme!\' notICe 01 Its readl'
ness so the Architect and the Construction .\1anager may
observe 'uch Inspection. testing or approval. The Con-
irJctor ,hail bear JII costs at such Inspections, tests or
JpprO\" als conducted by puollc authOrities. Unless other-
..\ ise provided, the Owner shall bear .111 costs of other in-
spectiOns, tests or approvals.
7.7.2 If the Architect or the Construction \Ianager deter-
mines that any Work requires speCial Inspection, testing
or approval which Subparagraph 7.:-.' does not include,
the Construction Manager will. upon \\ "llen authoriza-
lion Irom the Ov'ner. Instruct the Contractor to order
,uch <peClallnspecl1on. testln~ or apprO\"al. ,Jnd the Con-
Ir.lctor ,hall gl\e notICe J, pro\lded In SubparJgraph
:-.-.1. II ,uch speClallnspect:on Of te>!ln~ reveals a iadure
of the \\ork to compl\ \\Ith the requirement; ot the Con-
trJct Documents. the Contractor ,hall bear all costs
thereol, including compens.ltlon ior the Architect's and
the Construction Manager's Jddltional ,ervICes made nec-
essary bv <uch lailure. other\\" "e the OV\ ner ,hall bear
such costs, and an appropflate Change Order shall be
15sued.
7.7.3 ReqUired certlllcates 01 ,n,pectlon. testing or ap-
proval shall be secured by the Contractor and the Con-
trJctor <hall promptly deliver them to the Construction
.\\dnager tor transmillal to the '-rch,tect.
7.7.4 II the Architect or the Construction \Ianager wishes
to observ'e the inspections. tests or apprO'Jls reqUired bv
the Contract Documents. thev w"l do '0 promptl" and.
where pract,cable. Jt the source ur 'uC'IJh
7.8 INTEREST
7.8.1 P.l'.ments due .1nd urpJlci ;,r1(1<-' '''e Contract Doc.
U~lents shall beJr ,nterest r'om It',' 0.,',-, ~:,.. m,'nt I, due
at 'uch rJte JS the parties en.w J~'e(' ~C'on ,n v,,,tlng or.
in t"e .1bsence thereOf. ,11 :"e"~.i1 r.,(' :"','\.lii,ng Jt the
place Of the ProJect.
7.9 .'-RBITRATlON
7.9.1 ,'-II ciJlms. d"pute, Jne ,,:,'er T"::c'r, In question
between the Contractor and In(' 0.., ner J';'IOS out 01 or
re:atlO~ :0 the Contract [)ocunw"t' f]' ::'1' 'Jre.1ch thereoi.
e\(cpt .j" rHO\ided In ~t;bt;.i',L.:;.:,:h ~.:'~ \\.th re-:pect
to the Ar(hltect (; decl"'lon~ nn n'J:ler, 'elJtlng to JrtlstlC
,.,r:r'cl .lnd e\Cept lor cl.lIr1' \\ '''ii. ".:. C' h",!''1 ..\.ll\('d bv
:I,C' mJklng or Jcceptance '.cr ':11. ,'.,'. "1(''11 .;. pr(l..,ded
b\ ~l;bpJrJ~~i1pn~ q q...; ~~~\".:..:n 'IIi .....,i. ~"!\e "h.ll! be
r:f'Cldec1 ~\ :i~bltrJ~IOn In ..;ll.. \~(~,'l:-'(t. ,'.:!" ~;""'p (,}n:--trcc-
tl()n :~(LJ"tr\ _ArbitratIon ~....:('.. ,\" the \:-"e~:cJn -\rOltrJ-
linn ,-\,,,Q)(IJtlon then oota.:.':""..: ~H~ie"" ":-e r:Jrtje~ mutuJII\"
13 A201!C....1 - 1980
...
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\'.ARNING: Unlicensed photOCOPYing .....Iolates U.S ccpyrlght laws anClIS subject to legal p:-Dsecut,Q"'l.
OS/25/93
13
GENERAL CONDITIONS
00750
agree otherwise. No arbitration arising out of or relating
to the Contract Documents shall Include. by consolida-
tion. joinder or in any other manner, the Architect, the
C,lnqructlon .\\anagcr. :~PII t''1lplovees or consultants
except by wrotten consent containing a specifiC reference
to the Owner-Contractor Agreement and signed by the
Architect, the Construction ....1anager. the Owner, the
Contractor and any other person sought to be joined. No
arbitration shall include by consolidation. joinder or in
any other manner. parties other than the Owner, the
Contractor and any other persons substantially involved
10 a common question oi fact or law. whose presence is
required if complete relief is to be accorded in the arbi-
tration. No person other than the Owner or the Contrac-
tor shall be included as an original third party or addi-
tional thlfd party to an arbitration whose Interest or re-
sponslbliitv is insubstantial. Any consent to arbitration
involving an additional person or persons shall not con-
stitute consent to arbitration of any dispute not described
therein or with any person not named or described
therein. The foregOing agreement to arbitrate and any
other agreement to arbitrate With an additional person or
persons duly consented to by the parties to the Owner-
Contractor Agreement shall be specifically enforceable
under the prevailing arbitratIOn law. The award rendered
bl' the arbitrators shall he flOal. and judgment mav be en-
tcred upon it in accordance" Ith Jpplicable law in any
court hal'IOg lumd,ctlon there(1t
7.9.2 SollCe 01 the demJnd lor Jrbltr,ltlon ,hall be ilied
10 wfltlOg With the other part\' to the Owner-Contractor
Agreement and with the Ameflcan Arbitration Associa-
tion. and a copy shall be iiled \\ Ith the Architect Jnd the
ConstructIOn Manager. The demand for arbitration ,hall
be made within the time limits specified in Subparagraph
2.315 where applicable. and in all other cases within a
rcasonable time JIter thp claim. dISpute or other mJtter
in question has amen: and In no event shall it be made
after the date when instilution of legal or equitable pro-
ceedinl~s bJsed on such clJim. dispute or other matter in
questl~n \\ould be barred bv the applicable statute of
limitations
7.9.3 Unless otherWISe agreed In wrotlng. the Contractor
,hJII CJrr\' on the Work ,lnd malOtain its progress during
.lm .Hbilratlon proceedln~s. Jnd the Owner ,hall con-
:,nul' to make pJ\ment' t(1 th" Cnntr.1Clor :n ,1ccord.lOcP
.\ il~~ 'he Contr.)(t D(l{ ument-.
ARTiClE 8
TIME
8.1 DEfINITIONS
8.1.1 tr11c"" ,qher\\i--" ~~"\!r.f'ri .l"C' C("n~:,~c -:-'~;~(' :--
\ "-..1"',
. . :>'";llC \1 ", ,., .
Sub,tJnllal Compiet'lJn 01 thp \\ ,)r~ J' (JC'IIO"O in Sub-
paragraph 8.1 3. Inc1udlOg Juthorozed Jdlustments thereto.
8.1.2 Thc dJle 01 commencement 01 the \\'ork 1< the
date eqabilshed ,n a notICe to proceed If there IS no no-
tice 10 proceed. :t shall he such other d.lte J< may be
e'tJh!"hed ,n the O"ner-Cnnt'.lltnr AQre('mpnt or ('I<e'
"hp'" In '.he ContrJl t nncumen:-
8.1.3 The DJte 01 Suh-:.,nt',li (.)mpiet,nn 01 Ihe \\or,
()r de~lgnJ:ed portion t~'1er(>(lr I" :ht~._D,ltC certl!led b\ t~e
-\rch,tect "hen conslrucl,on " _ulllclentk complete. in
accordance with the Contract Documents, so that the
Owner or separate contracto:s C,," OCCUPY or utilize the
Work or a designated porI Ion thereof l'tlr the use for
\\ t'lch :t i...~!ended.
8.1.4 The DJte oi Substantl.ll Cumpletlon 01 the Project
or designated portion thereOf .s the Date certitled by the
Architect when construction 15 suffiClentl\ complete so
the Owner can occupy or utilize the Project or designated
portion thereot for the use lor \\ h1Ch It was Intended.
8.1.5 The term day as used 10 the Contract Documents
shall mean calendar day llnles; specllIcJil\ deSignated
otherWise.
8.2 PROGRESS AND COMPLETION
8.2.1 All time limits stated In the Contr.lct Documents
.1fe at the essence 01 the Conl'ac\.
8.2.2 The Contractor shall beQ:n the \\ O'~ on the d,lte
ot commencement as deilOed In SubparagrJph 8.1.2. The
Contractor shall carr\' the Work iorward expeditiouslv
With adeqllate iorces 'and shall achieve Substantial Com-
pletion oi the Work Within the Contract Time
8.3 DElAYS AND EXTENStONS Of TIME
8.3.1 II the Contractor is delaved Jt .1m time in Ihe
progre>> ot the \\'ork by Jnv aCI or nel!leCI 01 the 0\\ nero
the Architect. the Con<tructlun \1JnJ~er. JO\ ot thelf em-
pIO\'ees. an.,. ,epJr,lle contr,lC:t" emplo,ed b\ Ihe Owner
tH bv chJnges ordered ,n the \\ork. IJbor d,sputes. tlfe.
unusuJI delav 10 IrJn,portJt,pn. .ld\erse \\l'ather cond,-
tlllns not reasonablv ant1Clpatable. unavOidJble casualtlC's.
any causes beyond the Contractor's control. dela\' author.
Ized bv the 0\\ ner pending arbilratlon. or bv anv other
CJuse \\hleh the Constructll>n\1anager determlOe, mav
Justify lhe delay. then the Contract Time shall be ex-
tended bv Change Order lor sllch reasonJble lime ~s the
Con>lructlon \Ian~ger Olav dt'lt'rm'ne.
8.3.2 Any claim lor extenslllO pi time sh~1I be m.lde 10
\\fllmg to the Con<tructlon .\1.Jn,lQer not more th,ln
t\\ent~ da\ s ,liter the commencl'ownl ot the dplJv: oth!'r-
wise It shall be waived. In the eJse ot .1 (<lntlOulng dela\
only one claim IS necessary. The Contr.lctor ,hall prm'ide
,10 esllmale 01 the probable e'1ect IlT 'uch deiJv on Ih"
prpgress 01 the \\'ork.
8.3.3 It no .1>:recmp"l, 1".H1t' ,:,;t,n~ :'-e d,lte< up,1n
.d'!lcn :nterr'ctJtH:'n... ,'::- :)fC)'. ,c...e! ;n ~~hn "i:--.ll:;J.iph ~ "' 11
~h~lll be !L~:II<.hC"~ 'hen r.;' ,.~,ql l(lf (:el,1\ ",",,1.11 I.)P
.11jowed on Jccount OT !:lilUft' 'i) 'u.r:....~ "'Len .nfer::,r('!.l-
!Ion.. until 1lfleen rl.1\... Jtte' '.' ~':1en "Pque.:..t :, m,l()(, t-IH
~hl'm .1nd nClt then '...rde..." ...~ - -:,~ ~ rrl",('n:,:oie.
8.].4 Tf'h P,HJQrapn 8.3 C(;(,'" '"'(11 t'\Ciur!c lre reeQ\ en
" ri.ln'L",~r'" .-,~. ,~.~.I..." ~'. """'~,, :~,."
o " {o ~ .--,:'" (~.
ARTICLE <<)
PAYMENTS AND COMPLETION
9.1 CO~TRACT SU\\
Q.l.1 T:',l' C\)r,~'j(l ....~;m 1'"
Ot'(1 in "~e t)\,ner-(l)nlr,1l-
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14
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. =- ~?F,_' . T i-':..
A~Ol C\I - 1980
WARNING Un~lcensed photocopying Violates U S. copyright laws and \S SUDlect :,:- 'egal P-:5.€,:....llor-
OS/25/93
14
GENERAL CONDITIONS
OC7S0
9.2 SCHEDULE OF VALUES
9.2.1 Before the first Application for Payment. the Con-
trJctor ,hall 'ubmlt to the Construction \Ianager a
sch{'dule 01 values allocated to the \arIOUS portions of the
Work. prepared in such form and supported bv such data
to substantiate ,ts accuracy as the Architect and the Con-
-lruct,on Manager may require. This schedule. unless
obJected to bv the Con<truct:on Manager or the Architect.
shall be used onlv as a bJsis lor the Contractor, Applica-
tions for Pavment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At least tllteen days belore the date lor each
progress pay ment estJblished in the 0\, ner-Contractor
-\greement. the Contractor shall submit to the Construc-
I,on ,\1"nager an ,temlzed .Applicatlon lor Pavment. notar-
,.:ed II requlled. ,upported b\ such dJta substantiating
the Contractors fight to payment as the Owner, the Ar-
chitect or the Construction Manager may require. and re-
Ilectlng retalnage. If any. as provided elsewhere in the
Contract Documents. The Construction Manager will as-
,emble the Application with similar applications from
other contractors on the Proiect into a combined Project
Application lor P.l\ ment and iorward It With recommen-
datIOns to the Architect Within 'e\'en days.
9.3.2 Unles5 otherwl<e pro\ Ided in the Contract Docu-
ments. pa\ ments \\ ii' be made on account 01 mJterials or
equipment not ,ncorporated In the Work but delivered
and sUltablv stored ,1t the site and, :i approved in advance
bv the Owner. pJvments mav Similarly be made for mate-
r:als or equipment suitably stored at some other loca-
tion .,greed upon In \\ritlng Payments lor materials or
cqulpment stored on or off the site shall be conditioned
upon submission bv the Contractor of bills of sale or
such other procedures satlslactorv to the Owner to estab-
I,sh the Owners title 10 such mateflals or equipment or
otherwise protect the Owners interest, including applica-
ble ,nsurance Jnd transportation to the site lor those
m.,ter:Jls and equipment ,to red 01; the site.
9.3,3 The Contractor warrants that title to all Work,
mJterials and equipment co\ ered b\ In ApplicatIOn for
Pavment will pass to the O\\ner either bv incorpOralion
,n the eon-lruct,on or upon receipt 01 ravment bv the
Cl1ntrJctor \vl1IChe\er OCCUf' '1f<1. tfee and clear 01 all
'Ien". clJJm~_ 'fY'C,.HJ:Y lntereq" (lr l'nCumbr~ln((.."\, herein.
.,!tPf rl.ierred to in thiS Arliele q ,l' Lens' dnd that no
\\ ark. m.JtefiJls or equipment COY ered b\ dn Application
"1r Pa\ m('nt 1\ iii have bpen .lcqlllfed bv the Contractor
'" b\ ,1m other ;J('r,on per1()fm,ng \\'ork Jt the site or
lurnlshlng materials and equipment lor the Protect. sub-
'eet to .1n ,Hueement und('r '.\":ch .in :n~efest therein or
'; .'n\Tr-..,b~,ln((' .1-.\,rC(1n .; ~j_-':: ,:C'ri ~'\ '~0 ..el!('!"" (lr Od,.
.''','.1-'(' irrf'!O"l,d :'\ :he (ni:t~::L~llr llr "uc:~ olhef ;)cr.-..on
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will. wlth:n 'even da\ s alter the re.
celpt 01 the Project Application lor P.l\ ment With the rec-
"mmcndallons 01 the Con,lrl;ctlon \lanJger. 'e\ lew the
PrOleCI AppllcJt,on lor PJ\ ment Jnd either Issue a Project
C('rt,IICJte f,)f Pa\ ment to the 0\\ n(>f 1\ ,th J (l'P\ to the
Con-lruct:on \1.1n.1ger lor di>1"blltlon tn th(' ContrJctor
lor 'uch amount' a, the .Arc";:ect determlOes are prop-
erlv due. or not,i\ Ihe Const'l;ct,on \IJnacer in \\flting of
the reasons for withholding a Cert,iicate as provided in
Subparagraph 9.6.1. Such notiiication will be forwarded
to the Contractor bv the Con<tru(!lon \\anager.
9..1.2 The Issuance 01 a PrO'l'C Ce'tlllCJte ior Payment
Will constitute a representation ov the Architect to the
Owner lhat, based on the Architect's observations at the
site as provided in Subparagraph 2.3.4 and the data com-
pmmg the Project Application ior Payment, the Work has
progressed to the point indicated; th~t. to the best of the
:\rchitect"s knowledge. information and belief, the quality
01 the Work is in accordance" Ith the Contract Docu-
ments (subject to an evaluation 01 the Work for conform-
ance with the Contract Documents upon Substantial
Completion of the VVork. to the results 01 any subsequent
tests reqUired by or performed under the Contract Docu-
ments. to mlOor deviations Iwm the Contract Documents
correctable pflor to completion. and to Jm spec:Ilc qual i-
i,cations stated in the Certilicate ; and that the Contrac-
tor IS entitled to payment in the amount certified. How-
ever. by issuing a Project Certificate ior Payment, the Ar-
ch,tect shall not thereby be deemed to represent that the
:\rchitect has made exhaustive or continuous on-site in-
spections to check the qualitv or quantitv oi the Work,
has reviewed the construction means. methods. tech-
niques. sequences or procedures. or hJ, made anv exam-
inJtlon to ascertain how or for \\ hat purpose the Contrac-
tor has used the monies pre\ IOU,:\ p.lld on account of the
Contract Sum.
9.5 PROGRESS PAYMENTS
9.5.1 After the Architect has lS~ued a Project Certificate
for PJvment, the Owner shall make pay ment in the man-
ner and within the time prO\ Ided In the Contract Docu-
ments.
9.5.2 The Contractor shall promptlv pav each Subcon-
tractor upon receipt 01 pa~ment \rom the 0\, ner, out 01
the amount pJld to the Contractor on account of such
Subcontractor's Work. the amount to \, hich said Subcon-
tractor is entitled, rellectins the pt'rcentage actually re-
tained. il anv, from payments to the Contractor on ac-
count 01 such Subcontractor's Work. The Contractor shall.
bv an Jppropriate agreem('nl \\ Ith eJch Subcontractor.
require eJch Subcontractor tf' mJ~e pavments to their
Sub-subcontractors ,n <lmdJr m.lnne'.
9.5.3 The Architect mav. (In rq'-'e't Jnd Jt :he Archi-
tect, diScretion. lurnlsh tc In\ '"bconlractor. ,f prac-
tlCJble. IOformation regardln~ :",' percent~~e, 01 com-
pletion Of the amounts appl:ed lor b\ the Contractor and
Ihe Jct,on taken thereon b\ 1"1 ",( h:ter! nn J((ount 01
\\or~ done bv such Subcontr.H IrH.
9.5.4 'either the Owner ~h' "., .,,1('(1 nor the C,mqruc-
':(d'l \t1n.1cer ~h.l11 h..l\e .H":', .~::, ;',''. . ',i ~t'C to
~h(' p..l\ mC'nt or In\ mon:e~ -. '....D( ont;,l( :...,'r except
.1> mav othem Ise be reqUired b\ la\\
9.5.5 -':0 certification oi a pro~-e" f).l\ menl Jnv prog-
re;- pJ\ men I. or anv partlai ," (-'1IIIC u'e or or(upancv
nl the Prorect bv the O\'ner ,;".1:1 con,t,tute In accept-
.lnce 01 ,1'1\ \\'ork not ,n ,11l"cr'.'~ce '... Ih the ContrJct
Documents.
9.6 PAYMEl<iTS WITHHElD
9.6.1 The Architect. lollo\\,nc (on'lllt,ll,on ""'Ih the
Construction .\Ianager. mJ\ ";ec:i'1e to cert,l\ payment
15 A201/CM - 1980
~l.\ DOCL\.1.[.....T .4.201 C\t. c~..,:;;.:.\l CO':JtTi()''''''' OF~" ,.";..;' '\'~ l....L.....,~.;:~CT,0.,
CO"~TRLCTIO"'" \1A~AGE."'~f~T EQITIO'- . lL~E 19S,~ E.:',- C" AlA!'. ':: 1980 . THE
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WARNING: Unlicensed photOCOPYing vloiates U.S. copynght taws and is sublect to legal prosecu~'o,.,.
OS/25/93
15
GENERAL CONDITIONS
00750
and may withhold the CertiilCate in whole or 10 part to
the extent necessary 10 reasonably protect the Owner, d,
,n the Architect's oplOion. the Architect is unable to ma~e
representatIons to the Owner as provided In Subpara-
graph 9.4 2. If the Architect IS unable to make representa-
tions to the Owner as provided in Subparagraph 9.4.2.
and to certlly payment in the amount of the Project Ap-
plicat,on. the Architect will notliv the Construction Man-
a~er as prOVided in Subparagraph 9.4.1. Ii the Contractor
and the Architect cannot agree on a revised amount. the
Architect will promptly issue a Project Certiiicate ior Pav-
ment tor the amount lor which the Architect IS Jble to
make such representatlons to the Owner. The Architect
mav also decline to certify payment or. because of subse-
quentlv discovered evidence or subsequent observations.
the Arch,tect mal' nulliiv the whole or am part of am
PCOlect Certilicate ior Pay men I previouslv I;,ued to 'uch
extent as may be necessary. In the Architect's opinion. to
protect the Owner from loss because of:
.1 defective Work not remedied;
.2 third party claims Iiled or reasonable evidence in-
dicating probable filing of such claims;
.3 failure 01 the Contractor to make pavmen!S prop.
erly to Subconlractors. or ior labor. materials or
equIpment.
.4 reasonable eVidence Ihat the Work cannot be com-
pleted for the unpa,d balance 01 the Contract Sum:
.5 dama~e to the Owner or Jnother contractor:
.6 reasonable evidence that the Work '^ ill not be
completed WIthin the Contract Time; or
.7 perSIStent failure to carry out the Work 10 accord-
ance With the Contract Documents.
9.6.2 When the grounds In Subparagraph 9.6.1 above
are removed. payment shJl1 be made for amounts With-
held because oi them.
9.7 FAILURE OF PAYMENT
9.7.1 Ii the Construction Manager should fail to issue
recommendations withlO seven davs of receipt of the
Contractor's ApplicatIOn for Payment. or if. through no
lault of the Contractor. the Architect does not issue J
Project Certificate ior Pay ment withlO <even days alter
the Arcr,lect's receipt 01 the Prolect Aopl,catlon for PJ\.
ment. or Ii the Owner doe, nul pa' the ContrJctor w,lhlO
,e,en days after the date estJbllshed In tr.e Contract Doc-
uments any amount certilled by the ArchItect or Jwarded
bvarbltratlOn then the Contractor may. upon seven addl'
tlonal dJvs' written not,ce to the 0\\ nero the Archllect
Jnd the ConstructIOn Manager >lOp the Work until pJ\-
ment 01 the Jmount owlOg has been recel\'ed. The Con-
tract Sum shall be IncreJsed by the amount 01 the Con-
tractor s reasonable costs 01 shut-dov'n delav and start-
up. \\ hlch shall be ertected bv appropflate Change Order
,n accordance With ParagrJph 12.3.
9.8 SUBSTANTIAL COMPLETION
9.8.1 When the Contractor conSiders that the Work. or a
deSignated portion thereol which IS acceptable to the
Owner J> substJntlallv complete as deilOed 10 Subpara-
graph 813. the Contractor ,hall prepare lor the Construc-
tion 'tanager a list 01 Items to be completed or cor-
rected The failure to IOclude Jny items on such list does
not altf!r the responsibility ot the Contractor to complete
all Work In accordance With the Contract Documents.
When the Architect. on the basrs 01 inspection and con-
,ullatlon w,th the Construction ....\,In.1I:er crtt'rmlOes th,it
the Work or deSignated portion tl1ereot IS 'ubstanltallv
complete, the Architect wIIJ then prep.He a Certificate or
SubstJntlal Completion of the Work \\ hich shall establish
the Date oi Substanltal Completion at the Work. shall
,tate the responSibilities of the Owner and the Contractor
lor secuflty, maintenance. heat. utilities. damage to the
Work and insurance. and shall IIX the time Within which
the Contractor shall complete the Items listed therein.
The CertifICate of Substantial CompleflOn 01 the Work
,hall be submitted to the 0\\ ner ,Ind the Contractor tor
their wfltten acceptance 01 the re,pon>lbil,tle, aSSigned to
them In such Certdicate.
9.8.2 L:pon Substantial Compietl0n otlhe \\ ork or desig-
nated portion thereof. and upon application bv the Con-
tractor and certification by the Architect. the Owner shall
make payment. reflecting adjustment 10 retainage. ,( anv.
for such Work or portion thereof as prOVided in the Con-
lrJct Documents.
9.8.3 When the Architect. on the b.I<;< 01 IO,pecllons.
determlOes that the Project or desl~nated portion thereol
's substantially complete. the -\rchJlect w ill then prepare
,1 Cerlltlcate 01 Substantial ("mpletlon Of t~e Project
\\ h,ch <hall establISh the D,lte III Substantial Completion
ot the Prolect and lix the I1me \\ Jlhln \\ hlch the Contrac-
lor <hall complete am uncomplt'ted Items on the Cert't-
,cate oi Substantial CompletIOn ot tht' Work
9.8.4 Warranties required by the Contract Documents
,hall commence on the Date 01 Sub<tantial Completion of
the Protect or designated portion thereo! unless other-
wise provided in the Certiiicate of Substantial Comple-
tion 01 the Work or designated portion thereof.
9.9 FINAL COMPLETION AND FINAL PAYMENT
9.9.1 Followiog the Architect, Issuance oi the Certificate
oi Substantial Completion 01 the \\ ark or deSignated por-
tion thereof. and the Contractor's completion of the
\"ork. the Contractor shall iorward to the Construction
\\anager a written notice that the \\'ork IS ready for IlOal
,nspectlon and acceptance. and ,hJII also forward to the
Construction '\\ana~er a tin,l: -\ppll'-,ltIlJn lor PJ\ment.
l pan receipt. the ConstruCli0n ....\.lnagc. \\ ill mJkC' the
necessarv e\ aluatlons and :,'1\\ Jrd recommendations 10
the Arctlltect who \\111 promptl\ mJke such Inspection.
\Vhen the Architect lInds the Work acceptable under
the Contract Documents .1nd the ContrJct lullv per-
formed. the Architect \"'1 I';ue J PrOtect CertlllCate lor
PJyment which will approve the IlnJI payment due the
Contractor. This approval will cunstltute a representation
thJt. to Ihe best Of the Architect < knowledge. IOforma-
tlon and belief. and on the bJsls 01 observations and in-
'pectlons. the Work has been completed '" Jccordance
wllh the Terms and Condllions 01 the ContrJct Docu-
ments and that the entire balance lound to be due the
Contraclor. Jnd noted in SJld CertltlCJte "due and pav-
able. The Arch,tect's appro\' al 01 said Prolect Certlilcale
for Payment will constitute .1 further representJtlon that
the conditions precedent tn the Contractors being en-
t,tled :0 IlOal payment as sel lorth ,n SubpJragraph 99.2
have been fulfilled.
-'1"- DOCUME~T A201/('\'\. ct'-LiZ\L CO'"Ql1ll')'~' OF 1H[ C().....l~.\C~ ~OR (O....Si~LC""';"IO....
COSSTRLCTIOS ."V.SAG[\\El'-l EDlTlON . JL'E i')80 L01TIOS .':',:.~'!. . \S119BO . iHE
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A201/CM - 1980 16
WARNING: Unlicensed photocopying Violates U.S. copynght laws and IS subject to legal prosecution.
OS/25/93
00750
16
GENERAL CONDITIONS
9.9.2 Neither the final pavment nor the remaining retain-
age shall become due untJl the Contractor submits to the
Architect, through the Construction ,....1anager, (1) an afii-
dJVlt that all pavrolls. bills for materials and equIpment,
and other IOdebtedness connected with the Work for
"hICh the Owner or the Owner's property might in any
way be responsible. have been paid or otherwise satis-
fied. 12) consent of surety, If any. to final payment, and
13; if reqUired by the Owner. other data establishing pay-
ment or satlsfacllon of all such obligations, such as re-
ceipts. releases and waivers of liens arising out of the
Contract. to the extent and 10 such form as may be desig-
nated by the Owner. If any Subcontractor refuses to fur-
nish a release or waiver required bv the Owner. the Con-
tractor mav furnish a bond satisfactory to the Owner to
Indemnily the Owner against any such lien. If any such
lien remains unsatislied alter all pavments are made. the
Contractor shall refund to the Owner all monies that the
latter may be compelled to pay in discharging such lien,
including all costs and reasonable allorneys' fees.
9.9.3 If. after Substantial Completion of the Work, final
complelion thereof is materially delayed through no fault
of the Contractor or by the Issuance of Change Orders
affecting final completion. and the Construction Manager
so conlirms. the Owner shall. upon applicallon by the
Contractor and certllicatlon bv the Architect and without
:ermlOaling the Contract. make pJvment 01 the balance
due lor that portIOn of the Work lullv completed and
accepted. If the remalOlOg balance for Work not fully
completed or corrected is less than the retainage stipu-
lated in the Contract Documents. and if bonds have been
furnished as prOVided in Paragraph 75. the written con-
sent of the surety to the payment of the balance due for
that portion of the Work iully completed and accepted
shall be submitted by the Contractor to the Construction
\1anager pflor to certificatIOn of such payment. Such pay.
ment shall be made under the Terms and Conditions gOY-
erning IlOal payments. except that It shall not con<lltute a
waiver of claims.
9.9.4 The making of final payment shall. after the Date
of Substantial Completion of the Project, constitute a
\'alver 01 all claims bv the Owner except those arising
trom'
.1 un'ettled liens:
.2 taultv or delectlve Work appeaflng alter Substan-
tlJI Completion 01 the Work:
.3 latlure 01 the Work to comply with the require-
ments 01 Ihe Contract Documents; or
.4 terms 01 any speCial warranties required by the
Contract Documents.
'9.9.5 The acceptance 01 110al payment shall. alter the
Date at Substantial Completion of the PrOJect. constitute
a waiver of all claims by the Contractor except those
prey louslv made In \\ flting and Identdled bv the Contrac-
tor as unsettled al the time 01 the Ilnal ApplICation for
Payment.
9.9.6 All prOVISions of thiS Agreement. ,ncludlng with-
out limitation those e<tabl,shlOg obllgJtlons and proce-
dures. ,hall remalO 10 lull iorce and enect not\'lthstand-
,ng the making or acceptance oi "nal pavment pflor to
:he Date 01 Substantial Completion 01 the ProJect.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The Contractor shall be responsible for lOitlating.
maintaiOlng and supervising all satety precautions and
programs In connection with the Work.
10.2 SAFETY Of PERSONS AND PROPERTY
10.2.1 The Contractor shall take all reasonable precau-
tions {or the safety of, and shall prOVide all reasonable
protectIOn to prevent damage. IOJUrv or loss to:
.1 all employees on the Work and all other persons
who may be affected therebv:
.2 all the Work and all materials and equipment to
be incorporated therelO, whether 10 storage on or
off the site. under the care. custody or control ot
the Contractor or any of the Contractor's Subcon-
tractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, in-
cluding trees, shrubs. lawns, \valks, pavements.
roadways, structures and utilities not designated
for remoyal, relocation or replacement in the
course 01 construction; and
.4 the work oi the Owner or otner separate contrac-
tors.
10.2.2 The Contractor shall give all notICes and complv
"Ith all applicable laws, ordlOances, rules, regula lions
Jnd la\\ iul orders of any publIC authOrity beaflng on the
salety of persons or properly or their protection from
damage, injury or loss.
10.2.3 The Contractor shall erect and malOtalO, as re-
quired by eXlstlOg conditions and the progress of the
Work. all reasonable safeguards for sa let\'. and protection,
IOcludlOg posting danger signs and other warnlOgs against
hazards, promulgating safely regula loons and notifying
owners and users of adjacent utIlities.
10.2.4 When the use or storage 01 explosives or other
hazardous materials or equipment IS necessary for the
execution of the Work, the Contractor shall exerCise the
utmost care Jnd shall carry on such actiVItIes under the
,"uperv ISlon oi properly qualHled personnel.
10.2.5 The Contractor shall promptlv remedv all damage
or loss !Other than damage or los," Insured under Para-
graph 11.31 to any propertv relerred to 10 Clauses 10.2.1.2
and 10.2.1.3 caused 10 whole or 10 part by the Contrac-
tor. anv Subcontractor, anv Sub-,ubconlractor. am'one d,-
rectlv or indirectly employed b\ anv or them or by any.
one lOr whose acts any oi them may be IIJble. and for
whICh the Contractor IS responSible under Clauses 102.1.2
Jnd 102.13. except damage Or !os<' Jl!r:nutable to the
Jcts or omiSSionS 01 the Owner. the -\rch,tecl. the Con-
'lructlon Manager or anyone dITecrh or IndITectlv em-
ploved bv anv 01 them. or bv ,1OVone :or whose acts anv
ot them mav be liable. and not .lltrculable to the fJult
or negligence 01 the Contracror The lOregolOg obliga.
:Ion, 01 Ihe Contractor are 10 .ldd,t,on :0 Ihe Contractor<
obligatIOns under Paragraph ~ 18
10.2.6 The Contractor shall de"gnate a re'ponslble
member 01 the Contractor, orgar':Jtlon Jt the sill'
"hose duty <hall be the pre\entlon 01 .1((Idents. This
pC'f>on shall be the Contractor < 'u;:H'f1nlendenr unless
17 A201/CM-1980
"I" DOCUMENT A201T\i. C["'~I."!.A,l C()'DI~)O'\S o~ ,H~ (:i"p;:..1r- ~'-";;: {-0'~~';:~CT'O'
':::.-C......STRLCTIO,\ .\t~'~GE\1E'T FOiTl0..... . lL'E 1980 [DJTiO"" . ~,I""'! . :: 1980 . THE
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OS/25/93
17
GENERAL CONDITIONS
00750
otherwise designated by the Contractor In wroting to the
Owner and the Construction Manager.
10.2.7 The Contractor shall not load or permIt any part
of the \\ ork to be 10Jded so .15 to endanger Its salety.
10.3 EMERGENCIES
10.3.1 In any emergenc" arfecttng the safety of persons
or property the Contractor <hJII act. at the Contractor's
discretion. to prevent threatened damage, injury or loss.
-\ny additional compensation or extension 01 time
claimed by the Contractor on account 01 emergency
work shall be determined JS provided in Article 12 for
Changes In the Work.
ARTICLE 11
INSURANCE
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall purchase and maintain Insur-
ance lor protection Irom the claIms set lorth below whICh
may allSe out 01 or result from the Contractor's opera-
tIOns under the Contract. \\ hether such operations be' bv
the Contractor or bv anv SubcontrJctor. or by anyone di-
rectly or indirectlv emploved b\" anv of them. or by anv-
one lor whose Jcts any oj them mav be liable:
.1 clJlms under workers' or workmen s compensa-
lion. disabilltv benelit and other Similar emplovee
benefIt acts.
.2 claims lor damages becJuse 01 bodily InJUry', occu-
pational Sickness or dl>eJse. or death 01 the Con-
tractor's employees:
.3 claims lor damJges because 01 bodily InJurv. sick-
ness or disease. or death 01 anv person other than
the Contractor's emplovees;
.4 claims for damages Insured b" usual personal in-
jury liability coverage which are sustained 11) by
Jnv person as a result 01 an offense directlv or
IOdirectlv related to the employment 01 such per-
son by the Contractor. or '2, by any other person:
.5 claims ior damages. olher than 10 the Work ItSI'lL
because oi InIUr, to or destruction of tangible
propertv. including loss 01 use resulttng therefrom.
Jnd
.6 claIms TOr dJmJ~c-: becJuse oi budlh In!urv or
death 01 an\" person or propem damal\e arJ;,n.;
out 01 the 0\\ ner,hlp mJlntenance rlf use 01 anv
motor \ eh,cle.
11.1.2 The ,n,urance 'equlfed b\ 5ubpJragraph 11 1 1
shall be written lor not les; than Jnv limits ot Ilabillt\"
specllled In the ContraC: Document; or reqUired by law.
whichever IS greater.
11.1.3 The lOsurance rec :l bv Subparagraph 11.11
shall Include contractual liauljltv Insurance applicJble to
the ContrJctor'S obl,gatlon< under PJragraph 418.
11.1.4 Certificates 01 In,urance JCceptable 10 the O\\ner
,hall be <ubmltted to the COl1<1rucllon ,\\ana\;er lor trJns-
mlttal to the Owner prior to commencemcnt 01 the wook
These CertlficJtes shall contain a prOVision that coverages
Jfforded under the pol,c,es will Clot br> canceled until at
least thirty da\"s pflor w fltlen notICe ha' been given to
the Owner.
11.2 OWNER'5 LIABILITY INSURANCE
11.2.1 The Owner shall be responSible lor purchasing
and maintalnmg Owner's liability insurance and, at the
Owner's option. ma" purchase and m.llntaln insurance
lor protection against claim, whICh mav aflse from
operations under the Contract.
11.3 PROPERTY INSURANCE
11.3.1 Unless otherWise prOVIded. the Owner shall pur-
chase and maintain property insurance upon the entire
Work at the site to the full insurable value thereof. This
Insurance shall Include the interests of the Owner, the
Construction Manager. the Contractor. Subcontractors
and Sub-subcontractors In the Work. and shall insure
Jgainst the perils of lire and extended coverage and shall
Include "JII risk" insurance lor phYSICal Ims or damage
Including. without duplication 01 coverage. theft. van-
dalism Jnd malicious mischiel. II the Owner does not
,ntend to purchase such Insurance for the full insurable
\ alue oi the entire Work, the Owner ,hall inform the
Contractor in wnting prior to commencement of the
\\"ork. The Contractor may then erlect insurance which
will protect the IOterests oi the Contractor. the Contrac-
tors Subcontractors and the Sub-subcontractor, jn the
Work. and bv appropriate Chan!le Order the cost thereof
,hall be charf;ed to the Owner. It the Contr.lctor is dam-
.l~ed bv tailure 01 the Owner to purchase or maintain
,uch IOsurance and to so notllv the Contr.1Ctor. then the
Owner shall bear JII reasonable costs properlv attnbuta-
hie thereto. II not covered under the all fisk insurance
or otherwise provided in the Contract Documents, the
Contractor shall erlect and maintain >Imdar property in-
,urance on portIOns 01 the \Vor~ ,tored off the site or in
IrJnslt w hen such portions 01 the Work are to be in-
cluded In an .Applicatlon lor P.1Vment under Subpara-
~raph 932.
11.3.2 The Owner shJII purcha<e and maintJin such
boiler and machinerv insurance as mav be required by
the Contract Documents or bv l.lIv. This tnsurance shall
,nclude the interests 01 the Owner. the ConstructIon Man-
Jger. the ContrJctor. Subcontractors .1nd Sub-subconlrac-
tors In the \\'ork.
11.3.3 -\nv lo,s insured under Subp.Ha~raph 11.3.1 i< to
he ,1diusted \\Ith the O\\ner ,lnd m.ld<, pa\Jble to the
Ow Cler J- t'usl<,e lOr the ,,,,ureci- ,1' 1"<," .C1lerests mav
,p['ca' 'Ubit'CI 10 the requlfement' 01 "n'. applicable
.11Ortgagee clau>e ,lnd 01 SubpJr,lgraph 11.3B The Con.
tractor shJl1 pa\ eJch Subcontractor a lu,t '''are 01 anv
:n,urJnce mon,es f('cel\ed b\ the Contr,lc:or Jnd bv ap-
proprlJte ,H,reement. \\fllten where le!lallv reqUired for
\ alldlf\ ,hJII requlle each Subcontractor to make pay-
nl('n!~ ~() t"'Clr Sub-"ubcontraclor... In ....lmd.H manner.
11.3.4 The Ow ner shall IIle a copy ot all policies v.;ith
the Contractor belore In exposure 10 loss may occur.
11.3.3 It the Cuntractor reque>t' 10 wfltlnc that Insur-
Jnce lor mks other than tho<e de>Cflbed In Subpara-
~rJph, 11 3.1 .;nd 1132 or oln(', ,pee,a! hJzJrds. be
:ncluded ,n the property JOsurance pol,c\. the Owner
-hJII "po,s,bie ,nclude ,ucn ,nsurance. and the cost
:hereot ,hall be ch,J[~ed 10 the C,mtr.lctor h" Jppropriate
Change Order.
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A201/C\t - 1980 18
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OS/25/93
18
GENERAL CONDITIONS
00750
11.3.6 The Owner and the Contractor waIve all rights
against (1 j each other and the Subcontractors, Sub-sub-
contractors, agents and employees of each other. and (2)
the Architect. the Construction ."1anager and separate con-
trJctors. d any, and their subcontractors. sub.subcontrac-
tors, agents and employees, for damages caused by fire or
other penis to the extent covered by Insurance obtalOed
pursuant to this Paragraph 11.3 or an\' other property 10-
surance applicable to the Work. except such rights as
they may have to the proceeds oi such insurance held
by the Owner as trustee. The loregolng waIver ariorded
the Architect. the ConstructIOn ,",Ianager. their agents and
emplo~ees shall not extend to the liabllllv' imposed bv
Subparagraph 4.18.3. The Owner or the Contractor. as
Jppropnate. shall reqUire of theo\rchitect. the Construc-
tion .\1anager. separate contractors. Subcontractors and
Sub-subcontractors bv appropnate agreements. l\'fitten
.\here legallv required lor IJI,d,tv. similar \\al\ers eJch
,n iavor of all other parties enumerated 10 this Sub-
paragraph 11.3.6.
11.3.7 If required in wrltlOg by any party in IOterest, the
Owner as trustee shall. upon the occurrence of an in-
sured loss, give bond for the proper performance of the
Owner's duties. The Owner shall deposit in ,) separate
account any money so received. and shall distnbute it in
Jccordance with such agreement as the parties In Interest
mav reach. or 10 accordance \\ Ith an award by' arbitration
,n whICh case the procedure <hall be as prOVided in Para-
~raph 79. If alter such la,s no other speCial a~reement
" made. replacement 01 damaged Work sh,)11 be cO\" ered
bv an appropriate Change Order.
11.3.8 The Owner. as trustee. shall have power to adjust
,lnd settle any loss With the IOsurers unless one of the
parties In interest shall object. ,n wntlOg WlthlO five davs
after the occurrence of loss. to the Owners exerCise of
thIS power. and if such objectIOn be made. arbitrators
shall be chosen as provided in Paragraph 7.9. The Owner
as trustee shall, in that case, make settlement \\1th the
'nsurers 10 accordance With the directIOns or such arbi-
trators. If distribution of the IOsurance proceeds bv arbi-
tration is required. the arbitrators \vill direct <uch dis-
tnbution.
11.3.9 If the Owner IlOds It necessary 10 OCCUPy or use
a porlion or portIOns at the Work pnor to Substantial
Completion thereol. such occupancv <hJII not (cmmence
pnor to a time mutuallv Jgreed to bv the O\\ner and the
Contractor and to which the IOsurance compan\" or com-
panies pro\'iding the propertv Insurance hay e consented
bv endorsement to the policv or pollCle< Th,< inSurJnce
shall not be canceled or laDsed on account oi such partial
occupancv. Consent 01 the Contractor and 01 the IOsur-
ance company or companies to <uch occupJnC\ or use
<hall not be unreasonabil Withheld.
11.4 LOSS OF USE INSURANCE
11.4.1 The O\'ner. at the O\\ner S option mJI purchase
and maintain Insurance for protection Jgalnst 10<< of use
of the Owners property due to fire or other hazards.
however caused. The O\\ner \\al\es all nghts 01 action
agalOst the Contractor for 10" of use 01 the Owners
propertv. IOcluding consequential losses due to ilre or
other hazards however caused. to the extent cO\ered b\
,nsurance under thiS PJragrJph ,14.
ARTICLE 12
CHANGES IN THE WORK
12.1 CHANGE ORDERS
12.1.1 .-\ Change Order IS J \\'fltten order to the Con-
tractor Signed to show the recommendation 01 the Con.
structlon Manager. the approval oi the Architect and the
authonzatlon 01 the Owner. Issued aller execution of the
Contract. authorizing a change In the Work or an adjust-
ment 10 the Contract Sum or the Conlract Time. The
Contract Sum and the Contract Time may be changed
only b\ Change Order. A Change Order Signed by the
Contractor Indicates the Contractors agreement there-
\\ Ith. IOcludlOg the adjustment 10 the Contract Sum or
the Contract Time.
12.1.2 The Owner. without IOvalidatlOg the Contract.
may order chJnges 10 the \Vork \\lthlO the general scope
or the Contract conslStlOg 01 additions. deletions or other
reviSIOns. the Contract Sum and the Contract Time being
adjusted accordingly. All such changes 10 the \'\'ork shall
be authorized by Change Order, and shall be performed
under the Jpplicable conditiOns of the Contract Docu-
ments.
12.1.3 The cost or credit to the 0" ner resulting from a
change 10 the Work shall be determined in one or more
nl the lollO\"\Ing wavs:
.1 bv mutual acceptance 01 a lump sum properlv
,temlzed and supported h\ 'ult'c'ent substantiatlOg
datJ to permit evaluation.
.2 by unit prices stated in the Contract Documents or
subsequently agreed upon;
.3 bv cost to be determined In a manner agreed upon
by the parties and a mutuallv acceptable fixed or
percentage fee; or
.4 bv the method provided 10 Subparagraph 12.1.4.
12.1.4 II none of the methods set forth in Clauses
12.1.3.1,12.1.3.2 or 12.1.33 is agreed upon, the Contrac-
tor. prOVided a written order Signed bv the Owner is re-
ceived. shall promptly proceed with the Work inyolved.
The cost 01 such Work shall then be determined by the
o\rchitecl. after consultatIOn \llth the Construction Man-
ager, on the bJslS or the reasonable expenditures and
'a\lng, ot those perlormlng the Work attflbutable to the
en,lnge. IOcludlng, 10 the ca,e ot In IOcre,lse 10 the Con-
t'act Sum a reasonable allowance for overhead and
protl\. In such case. and also under Clauses 12.1.3.3 and
! 2 13 4 abOl e. the Contractor shall keep and present. in
,uch ""01 .1' the O\\ner. the -\rchilect or the Construc-
rlon\\,mJger Olav preSCribe. an Itemized accounting to-
~ether With appropflate suppon,ng data for ,nclusion in
.1 Change Order. Unles< othenvlse pro\,ded In the Con-
tract Documents. cost shall be I,m,ted to the lollowing:
cost 01 materials. IOcluding sales tax and cost of delivery:
co"! 01 labor. IOcludlOg soclJI secufltv, old age and
unemrlo\ ment IOsurance and tflnge benefits requl1ed bv
Jgreement or custom; \\orkers or \~orkmen's compensa-
I,on 'n<urance bond premiums rentJI \Jlue of equip-
ment and machine,,; Jnd the Jdd,tlonJI costs of super-
\' l<ion and Ileld nnlce personnel d"ectl\ attflbutable to
the' change. Pending ilnal determlnJt,on of cost to the
O\'ner. payments <.n Jccount 'hJII be made on the Ar-
chitect s appro\al 01 J Protect C<,,,tliICJte for Pavment.
19 A201/CM - 1980
41" DOCl'ME~T A201.CM. Cl'[I-:~l (\)'Dlr:c'.<' OF Tlil C':-'-;;;'-\(T fOR CO--'STRUCTIO,\
CO,qI\LCTIO'\"'\"'~GD.H_'T [L'IT10' . !l.....[ 1?00 EDliJO'.: . "L-\-~ . '~- 1930 . THE
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OS/25/93
19
GENERAL CONDITIONS
00750
The amount of credIt to be allowed by the Contractor to
the Owner for any deletion or change which results in a
net decrease in the Contract Sum will be the amount of
the actual net cost as confirmed by the Architect after
consultation with the Construction Manager. When both
additions and credits covering related Work or substItu-
tions are IOvolved in anyone change. the allowance for
overhead and profit shall be figured on the basis of the
nel increase, if any, with respect to that change.
12.1.5 If unrt prices are stated in the Contract Docu-
ments or subsequently agreed upon, and if the quantities
onginally contemplated are so changed in a proposed
Change Order that application of the agreed unit prices
to the quantities of Work proposed will cause substantial
lOequity to the Owner or the Contractor. the applicable
unit prices shall be equitably adlusted.
12.2 CONCEALED CONDITIONS
12.2.1 Should concealed conditions encountered in the
performance of the Work below the surface of the ground
or should concealed or unknown conditions in an existing
structure be at variance with the conditions indicated by
the Contract Documents. or should unknown physical
conditions below the surface of the ground or should
concealed or unknown conditions in an existing struc-
ture of an unusual nature. differing matenallv from those
ordinarilv encountered and generallv recognized as in-
herent in \\ork of the character provided for 10 this Con-
tract. be encountered. the Contract Sum shall be equlta-
blv adjusted by Change Order upon claim by either partv
made within twenty days after the first observance of the
conditions.
12.3 CLAIMS fOR ADDITIONAL COST
12.3.1 If the Contractor wishes to make a claim for an
increase in the Contract Sum, the Contractor shall give
the Architect and the ConstructIOn Manager written no-
tice thereof within twenty days after the occurrence of
the event gl\'lOg rise to such claim. This notICe shall be
~Iven by the Contractor before proceeding to execute the
Work. except in an emergency endangerrng life or prop-
erty In which case the Contractor shall proceed in ac-
cordance With Paragraph 10.3. No such claim shall be
\alid unless so made II the Owner Jnd the Contractor
(Jnnot a"ree on the Jmount 01 the JdJustment In the
Contract'Sum. II shail bc determlOed b\ the Architect
alter con<uitJtlon \\Ith the Construct,on .\IJnJger. Am
chanl;e 10 the Contract Sum resulting trom such claim
-hall be ,wthonzed bv Change Order
12.3.2 Ii the Contractor claims that add,tlOnal cost IS in.
volved because of, but not limited to. 11! Jnv "rltten in-
terpretation pursuant to Subparagraph 2.311. '21 any or-
der bv the Owner to SlOP the Work pur<uant to Para-
graph 33 \\ here the Contractor was not at lault. or In\
such order bv the Construction Manager as the O\,ner's
agent. (3) anv written order lor a minor chJnge In the
Work issued pursuant to Parag'aph 12.-1 or (4) (Jilure of
payment by' the O\\ner pursuant to P.Hapaph q7 the
Contractor -hJII ma~e ouch c!J,m a, pru\lded 10 Sub-
paragraph 12.3.1.
12.4 MINOR CHANGES IN THE WORk
12.4.1 The ....rch,tect will hJ\e authorll\ to order minor
change~ '" the \Vork nol ,nvoivlng an adlustment '" the
Contract Sum or extension of the Contract Time and not
rnconsistent with the intent of the Contract Documents.
Such changes shall be effected by written order issued
through the Construction Manager, and shall be binding
on the Owner and the Contractor. The Contractor shall
carry out such written orders promptly.
ARTIClE 13
UNCOVERING AND CORRECTION OF WORK
13.1 UNCOVERING Of WORK
13.1.1 If any portion of the Work should be covered
contrary to the request of the Architect or the Construc-
tion Manager, or to requirements speCifically expressed in
the Contract Documents, it must. if required in writing by
either, be uncovered for their observation and shall be
'eplaced at the Contractor's expense.
13.1.2 If any other portion of the Work has been cov-
ered whICh the Architect or the Construction Manager
has not specifically requested to observe prior to its being
covered, either may request to see such Work and it shall
be uncovered by the Contractor. If such Work be found
10 accordance with the Contract Documents, the cost of
uncovering and replacement shall. by appropriate Change
Order, be charged 10 the Owner. II such Work be found
not in accordance With the Contract Documents. the
Contractor shall pay such costs unless it be tound that
th.s condlllon was caused by the O\\ner or a separate
contractor as prOVided 10 Article 6. 10 which event the
Owner shall be responsible for the payment of such costs.
13.2 CORRECTION Of WORK
13.2.1 The Contractor shall promptly correct all Work
reJected by the Ardlltect or the Construction Manager as
defecllve or as falling to conform to the Contract Docu-
ments whether observed before or after Substantial Com-
pletion 01 the Project and whether or not fabricated. in-
qalled or completed. The Contractor shall bear all costs
oi correctlOg such relected Work, IOcludlng compensa-
tion for the Architect's Jnd the Construction Manager's
Jdd,tlonal services made necessary thereby.
13.2.2 If. Within one year alter the Date 01 Substantial
Completion of the Project or deSignated portion thereol.
L)r '\IthlO fine ~ear .liter Jcceptance b\ the O\\ner of
ce<l~nated equipment. tH "Ithm -uch longer period 01
I,me as mav be prescrtbed bv law or bv the lerms ot am
applICable speCial warranty requlfed bv the Contract Docu-
ments. any of the Work is tound to be detective or not In
accordance With the Contract Documents. the Contractor
-hall correct It promptlv alter receipt of J "otten notice
irom the Owner to do so unles< the Owner has previ-
nuslv gl\en the ContrJctor a "otten acceptance 01 such
condition. ThiS obligJtlon <hall <urVI\e both tlnJI payment
ior the Work or desls:;nated portion thereol and termina-
tion oi the Contract The Owner shall gl\e <uch notICe
i'cpmptl\ Jiter dlsco\el'\ III the cond,tlon
13.2.3 The Contractor ,hall remo\'e from the site all
port,ons o( the \\ork.\ hlCh ,He deleCll\e or nonconiorm-
ng Jnd which have not been corrected under SubparJ-
,:'aphs 451. 132.1 Jnd 13~2 l:nle<< remo'al i- \'J\ed
". the Owner.
13.2.4 II the Contracor jJ,!s to correct deiectl'.e or r.on-
e )niormlng \\'o,k J' prO\ ,ded In "t.:bpJrJgraph< .: 51
"I" DOCUME"'T 4201C\\. ct'l;;:~:' C,':"]V.)li;~\"',;;' ',.-,r 1h~ C),'~.lo,C~ H';( l '.(~~:....c~:-c'
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A201/C.\1-1980 20
..../ARNING. Un'tcensed photOCOPYing VIolates U.S ccp,rlgl'1t la'wVS and is subtect to legal prosecution
OS/25/93
00750
GENERAL CONDITIONS
20
13.2.1 and 13.2.2, the Owner may correct It 10 accordance
with Paragraph 3.4.
13.1.5 If the Contractor does not proceed with the cor-
rectJon of such defective or nonconlormlOg Work wlthlO
a reasonable time iixed by wfltten notice !10m the Archi-
tect Issued through the Construction Manager, the Owner
may remove it and may store the materials or equipment
at the expense of the Contractor. Ii the Contractor does
not pay the cost of such removal and storage wllhlO ten
days thereafter, the Owner may, upon ten additional
days' wfltten notice, sell such Work at auction or at pri-
vate sale and shall account lor the net proceeds thereoi,
atter deductJng all the costs that should have been borne
by the Contractor. including compensation tor the Archi-
tect's and the ConstruCllon Manager's additional sefVIces
made necessarv thereby. Ii such proceeds oi sale do not
co\ er all costs which the Contractor should have borne.
the difference shall be charged to the Contractor and an
appropriate Change Order shall be Issued. If the payments
then or thereafter due the Contractor a re not sufficient to
cover such amount. the Contractor shall pay the differ-
ence to the Owner.
13.2.6 The Contractor shall bear the cost oi making
good all work 01 the Owner or separate contractors de-
stroyed or damaged bv such correction or removal.
13.2.7 ~othlOg contalOed in this Paragraph 13.2 shall be
construed to establish a peflod ot limitation With respect
!o anv other obligation which the Contractor mll;ht hJve
Jnder the Contract Documents. IncludlOg PJragraph 4.5
hereof. The establishment of the time peflods noted in
Subparagraph 13.2.2, or such longer period of time as
may be prescflbed by law or by the terms 01 Jnv \\ .HrJnty
requlfed by the Contract Documents, rel,ltes only 10 the
speCllic obligation of the Contractor to correct the Work.
and has no relationship to the time Within whICh the
Contractor's obiJgation to complv With the Contract Doc-
uments mav be sought to be enlorced. nor to the time
Within which proceedings mJY be commenced to e<tJh-
I"h the ContrJctor's liabdllv With respect to the Contrac-
tor's obligations other than <peclilCally to correct the
\Vork.
13.3 ACCEPT ANCE OF DEFECTIVE OR
NONCONfORMING WORK
13.3.1 If the Owner prele's 10 Jccepl d(,lt'rll\e I" non-
ron:ormlng \\'ork. the O\\ner mJ\ do '0 ,n,te.1d or reOUII-
in\: ,ts remo\al Jnd correCI',ln. ,n which rase J Change
Order wdl be Issued to reilect a reduction In the Contract
Sum \\ here appropflate Jnn eqUitable. Such Jdlu<tment
,hail be effected whether or nOI r,nJI pJ\ ment has been
made.
ARTiClE 14
TERMINATION OF THE CONTRACT
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 Ii the Work IS <lopped ror a peflod of th,,:'. dJ\s
under an order 01 any court or other ['lubl,c ,1Ulhorlt\
having JUriSdiction, or as a result of an act of government
such as a declaration of a national emergency making
materials unavadable, through no act or fault of the Con-
tractor or a Subcontractor or their agents or employees or
any other persons perl0rmtng any of the Work under a
contract With the Contractor, or if the Work should be
stopped ior a period of thirty days by the Contractor be-
cause ot the Construction Manager's failure to recom-
mend or the Architect's faolure 10 issue a Project Certifi-
CJte tor Payment as proVided tn Paragraph 9.7 or because
the Owner has not made payment thereon as provided in
PJragraph 9.:-. then the Contractor may, upon seven addi-
tional days \\ rltlen notice to the Owner, the Architect
and the Construction Manager, terminate the Contract and
recO\ er trom the Owner payment for all Work executed
and lor anv proven loss sustained upon any materials,
"qulpn'enl. tools. construclion equipment Jnd machlOerv
,ncludlOg reasonable prollt and damages.
14.2 TERMINATION BY THE OWNER
14.2.1 If the Contractor IS adjudged a bankrupt, or
makes a general assignment for the beneilt oi creditors,
or It a recel\er IS appolOted on account of the Contrac-
tors IOsol\encv. or il the Contractor perSistently or re-
peJtedlv retuses or lads. except 10 cases tor which exten-
"on 01 t,me IS prOVided. to supply enough properly
,kolled \\ orkers or proper materlJls, or fads to make
prompt P,l\ ment to Sl;bcontractors or ior materials or
],lbor. Of perslstentlv disregards laws. ordinances. rules,
regulatIOns or orders ot Jny public authonty having juris-
t,on. or otherWise IS guilty 01 J substanllal violation oi a
prOVISion oi the Contract Documents. and fails within
-even da\s ,liter receipt ot \\lltten notICe to commence
.1nd continue correction 01 such deiault, neglect or viola-
t,on mlh diligence and promptness. the Owner, upon
ccrtlt1C,ltlon bv the !\rch,tect alter consultation with the
COO'-Iruu,on"'anager thaI suffiCient cause eXists to justify
,uch action. mav. .llter seven days followlOg receipt by
the Contr,Jctor ot an Jddltlonal ",ntten notice and with-
(Jut preJudice to any other remedy the Owner OlaV have.
rermlnJte the emplovment of the Contractor and take
pos'es"nn or the site and of all matenals. equipment.
tools. (OI1<1'uctlon equipment Jnd machinery thereon
"'\ ned b\ lhe Contractor and mav tlni<h the Work by
... hate\ er method< the 0\\ ner mav deem expedient. In
-e:er, u'e the Contractor shJl1 not be en!ltiC'd to recel\e
,r" !urlher pa\ment until the \\ork is tlnl,hed.
14.2.2 Ii thc unp.lld balance 01 the ContrJct Sum ex-
ceed, the (0,1< oi t,n,<hln~ the Work. Including compen-
sJtlon !.)r :~.c -\rch,tect, and the (onqruct,on .\Iana~er's
.,rldll,onJI -er. Ices m,lce nece>,.lr. th.reb\ 'uch excess
';',111 be' pJ:C to the Co~trJctor. Ii such co'l< exceed the
unpJld b,lIJnce. the Contractor <hall pa\ the difference
to the 0\\ ner The amount to be paid to the Contractor
iH to rhe O..\ner. .1, the CJse m.l\ be. shall be certllied bv
'f-]e .\rch::ect ~pon ,1p::Jllcation. in the manner provided
," f'ar.h:rJ:1'1 ,q .lnd :h" nbi'~,lt,on I()r pJ\ment ,hall
""un 1\ (' I~l' !t'~mln.1tlnn ot the Contr,lCt.
21
A201iCM - 1980
',-, ~:: ~~,~ (U';"~-\c: ;."" (':--',STI':;~C;lC'
k ".;:. .,?~~: EO.iiG'\: . -\I-\! . ~ 1980 . THE.
'.[\\ \- 1;:" \\: '\, \\ \\ \....H~'.,-~:0' ;) C ~C".''i
-\I~ DOCL'.\H'T A201 C\\ . ~
('J'S";"RLCTIO'\ \\~'ACl \1[. '\, ~ ( _ ~ C,
\'.',ER,C.\,'. !,')~r7!.. -[ orq(I,,'
V....ARNING: Uni~censed photocopymg Ylolates U.S. COPY~lght laws and :5 SUblE'ct to leg3~ prosecutIon.
OS/25/93
21
GENERAL CONDITIONS
00750
SECTION 00800
SUPPLEMENTARY GENERAL CONDITIONS
Information contained in this Supplementary Conditions amends,
supplements or clarifies the "General Conditions of the Contract
for Construction, Construction Management Edition, AlA Document
A201/CM dated June 1980 Edition.
In cases of conflict between the General Conditions and these
Supplementary Conditions, wording of this section shall govern.
ARTICLE 1
1. Subparagraph 1.1.3 - third line-after the word
"construction," delete the remaining words and insert the
followinq:
"and all supplies, tools, construction equipment and
machinery, water, heat, utilities, transportation, and other
facilitil~s, services, and incidentals necessary for the
proper execution and completion of such construction; except
as expressly noted in the Scope of Work or the General
Requirements of the Contract."
2. Subparagraph 1.2.1 - delete in its entirety.
3. Subparagraph 1.2.3 - after the last word "meanings" in the
paragraph add the following sentence:
"In case of discrepancy or disagreement in the contract
documents, specifications, and/or drawings, the ORDER OF
PRECEDENCE shall be:
Con~ract Agreement
The addenda as issued
The General Requirements
The Supplementary General Conditions
General Conditions
The Technical Specifications
The Drawings (Large scale detail drawings take
precedence over smaller scale general drawings).
Not,~: Do not rely on scaled dimensions on drawings and
any discrepancies found shall be brought to the
att'~ntion of the A/E through the CM.
OS/25/93
SUPPLEMENTARY GENERAL CONDITIONS
00800 - 1
4. Add new subparagraph 1.2.5 as follows:
"Where on any of the drawings a portion of the Work is drawn
out and ~he remainder is indicated in outline, the parts
drawn ou": shall also apply to all other like portions of the
Work."
5. Add new subparagraph 1.3.2 as follows:
"Unless otherwise provided in the Contract Documents, the
Trade Contractor will be furnished, free of charge, all
copies of Drawings and Specifications reasonably necessary
for the t~xecution 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 r,.;ith the Construction Manager."
3. Subparagraph 2.3.7 - after the word "properly," add:
"It is the intent of the Contract Documents to allow the
Construc':ion Manager to schedule the performance of all Work
and the contractors are expected to follow all such schedule
direction. Should a contractor, either in person or through
his subcontractor, supplier, or vendor, fail to maintain
progress according to the Project Schedule and approved
Contractor's Schedule, or cause delay to another Contractor:
he shall furnish additional labor and/or services such as
overtime as may be necessary to brinq his operations up to
schedule. all at no additional cost to the Owner."
4. Subparagraph 2.3.15 - delete in its entirety.
5. subparagraph 2.3.18 - delete the word "reasonable" in the
sixth (6":h) line. After the word "promptness", add
"consistent with the constraints of the project schedule so
as to cause no delay."
6. Subparag:C"aph 2.3.21 - first line - delete the words "the
Construc~ion Manager will assist the Architect", and
substi tu':e, "The Architect will assist the Construction
Manager. "
OS/25/93
SUPPLEMENTARY GLNERAL CONDITIONS
00800 - 2
7. Subparagraph 2.3.23 - delete the phrase "against whom the
Contractor makes no reasonable objection and." Also, delete
the last sentence in the subparagraph in its entirety.
ARTICLE 3
1. Subparagraph 3.2.1 - delete in its entirety.
2. Subparagraph 3.3.1 - delete from the last sentence the
phrase, "..., except to the extent required by Subparagraph
6.1.311.
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: IIIn 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
immediatl:!ly. "
ARTICLE 4
1. Subparagraph 4.1.1 - delete in its entirety and insert the
followinq:
"The Con-:ractor is the same person or entity identified as
the Trade Contractor. A Trade Contractor is the person or
entity identified as such in the Agreement between the Owner
or Construction Manager and a Trade Contractor. The term
Trade Contractor includes one who furnishes material worked
to a special design but does not include one who furnishes
material not so worked and is referred to throughout the
Contract Documents as if singular in number and masculine in
gender. The term Trade Contractor means the Trade
Contractor or his authorized representative. II
2. Subparagraph 4.2.1 - at the end of the paragraph, add the
followinq:
liThe Ownl:!r and Architect have acknowledged that nothing in
the Architect's engagement implies any undertaking by the
Architec~ for the benefit of or which may be enforced by the
Contractor, its subcontractors, or the surety of any of
them; it being understood that the Architect's obligations
are to the Owner and that, in performing such obligations,
the Architect may increase the burdens and expenses of the
Contractor its subcontractors, or the surety of any of them.
Neither ~he Contractor, any Subcontractor, nor the surety of
OS/25/93
SUPPLEMENTARY GENERAL CONDITIONS
00800 - 3
any of them shall bring any civil suit or other legal action
against the Architect arising out of or in connection with
the proj I~ct . "
3. Add new subparagraph 4.4.3 as follows:
"The Con1:ractor is responsible for the conduct of his
employees at all times. Misconduct, destruction of
property, unsafe practices, or violation of any Federal or
state regulations including abuse of alcohol or drugs, will
be cause for permanent dismissal from the project. If any
Contractor employee is determined to be detrimental to the
Project, as deemed by the Construction Manager, the
Contractor will remove and/or replace the employee at the
request of the Construction Manager. Employees dismissed
from the project will be transported from the jobsite at the
Contractor's expense."
4. Add new subparagraph 4.4.4 as follows:
"The Trade Contractor shall be totally responsible for the
security of his work, materials, equipment, supplies, tools,
machinery, and construction equipment."
5. Add new subparagraph 4.4.5 as follows:
"The Trade Contractor shall be responsible for complete,
timely and accurate field measurements as necessary for
proper coordination, fabrication and installation of his
materials and equipment. The Trade Contractor agrees to
cooperate with the Construction Manager, if required, to
accommodate any discovered variations or deviations from the
Drawings and Specifications so that the progress of the Work
is not adversely affected."
6. Subparagraph 4.9.1 - add the following sentence:
"The sup,~rintendent shall be satisfactory to the
Construci:ion Manager and shall not be changed except with
the consent of the Construction Manager, unless the
superintendent proves to be unsatisfactory to the Trade
Contractor or ceases to be in his employ."
7. Subparagraph 4.10.1 - add the following sentence:
"This schedule, to be subnitted 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."
OS/25/93
SUPPLEMENTARY GENERAL CONDITIONS
00800 - 4
8. Add new subparagraph 4.10.2:
"The Construction Manager will conduct a weekly scheduling
meeting \yhich the Contractor shall attend. At this meeting,
the parties can discuss jointly such matters as progress,
scheduling, and problems."
9. Add new subparagraph 4.12.9:
"If mate~ials specified in the Contract Documents are not
available on the present market, the Trade Contractor may
submit data on substitute materials through the Construction
Manager to the Architect/Engineer for approval by the
Owner."
10. Subparag:raph 4.14.1 - add at line 3 after "properly":
"He shall also provide protection of existing work as
required."
11. Subparag~aph 4.14.2 - at end of paragraph, add:
"When structural members are involved, the written consent
of the A~chitect/Engineer shall also be required. The Trade
Contractor shall not unreasonably withhold from the
Construc1:ion Manager or any separate contractor his consent
to cutting or otherwise altering the Work."
12. Add new subparagraph 4.14.3:
"The Trade Contractor shall arrange for any blockouts,
cutouts, or opening required for the installation of his
materials and equipment and the execution of his work,
whether or not shown or indicated on the Drawings. The
Trade Contractor shall be further responsible for sealing
and/or finishing, in an acceptable fashion and meeting any
applicable code requirements, any such blockout, cutout
opening, or other hole in any fire-rated floor, ceiling,
wall, security wall, or any other finished surface".
13. Subparag~aph 4.15.1 - at end of paragraph, add:
"Clean up shall be performed to the satisfaction of the
Owner or Construction Manager."
14. Add new subparagraph 4.16.2:
"The Trade Contractor shall promptly return telephone calls
or respond to any other form of communication initiated by
the Construction Manager. Failure to promptly do so shall
be considered a lack of performance on the part of the Trade
OS/25/93
SUPPLEMENTARY GENERAL CONDITIONS
00800 - 5
Contractor, and may be considered grounds for replacement of
site per:3onnel. II
15. Add new Subparagraph 4.16.3:
IIAll writ:ten 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:
Mor=ison-Knudsen/Gerrits
P.O. Box 5283
Key West, Florida 33040
Attn: Larry Keys
or hand delivered to Morrison-Knudsen/Gerrits' office
located at 5090 Junior College Road, stock Island, Florida
33040.
Serialization procedures will be provided to the Trade
Contractor in the pre-construction meeting. II
Each trade contractor shall be required to check his
designated mailbox regularly. This mailbox will be made
availablt~, and located by the Construction Manager.
16. Subparag~aph 4.18 - delete in its entirety and insert
IIIndemnification and Hold Harmlessll and the following:
"The Coni:ractor 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."
OS/25/93
SUPPLEMENTARY GENERAL CONDITIONS
00800 - 6
ARTICLE 5
1. Subparagraph 5.2.3 - delete in its entirety and insert the
followinq:
"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 Trad(~ Contractor shall submit an acceptable substitute;
however, no increase in the Contract Sum shall be allowed
for any such substitution."
ARTICLE 6
1. Subparagraph 6.1.1 - delete the last sentence.
2. Subparagraph 6.1.3 - delete in its entirety, and insert the
followinq:
"It shall be the responsibility of each contractor to
coordina1:e 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
coordina1:ion. ..
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," del(~te the word "arbitration" and substitute "claim."
4. Add new subparagraph 6.2.6:
"Should 1:he Contractor contend that he is entitled to an
extensiol) 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
foregoinq provisions be strictly adhered to in each instance
and, if the Contractor fails to comply, he shall be deemed
to have waived the claim.
OS/25/93
SUPPLEMENTARY GENERAL CONDITIONS
00800 - 7
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
Construc1:ion Manager for an increase in the contract price,
nor a claim against the Owner or Construction Manger for a
payment or allowance of any kind for damage, loss or expense
resultinq from delays: Nor shall the Contractor have any
claim for damage, loss or expense resulting from
interrup1:ions to, or suspension of, his work to enable other
contractors to perform their work. The only remedy
availabl(~ to the Contractor shall be an extension of time."
ARTICLE 7
1. Subparagraph 7.1.1 - delete in its entirety and insert the
followinq:
"The con1:ract 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
Jlldic:ialc~rc:uitof<thestate()fF~ofida:Th.is99n;t:r a ct is
Ilill:I~:~llllilIIJ~II~!!IIIB!I,111111~1~~IB~~~~~?~
2. SubparagJ~aph 7.2.1 - delete in its entirety and insert the
followinq:
"The Own(~r 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 Oivner 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.
SUPPLEMENTARY GENERAL CONDITIONS
00800 - 8
OS/25/93
ARTICLE 8
1. Subparagraph 8.3.1 - delete in its entirety and insert the
followinq:
"If the ~rrade Contractor is delayed, at any time, in the
progress of the Work, by any act or neglect of the Owner,
Construc1:ion Manager, or the Architect/Engineer, or by any
employee of either, or by any separate contractor employed
by the O\mer, 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
by no cost Change Order for such reasonable time as the
Construc1:ion 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. II
3. Subparagraph 8.3.4 - delete in its entirety and insert the
followinq:
"It shaLL be recognized by the Trade Contractor that he may
reasonably anticipate that as the job progresses, the
Construc1:ion Manager will be making changes in, and updating
Construc1:ion Schedules. No claim for an increase in the
Contract Sum for either acceleration or delay will be
allowed ::or 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. II
4. Add new ~;ubparagraph 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
OS/25/93
SUPPLEMENTARY GENERAL CONDITIONS
00800 - 9
with adequate forces, the Trade Contractor causing the delay
shall be liable, but not limited to, delay claims from other
Trade Contractors which are affected."
ARTICLE 9
1. subparagraph 9.3.3 - add at line 14 after the word "person":
"All Trade Subcontractors and Trade Sub-subcontractors shall
execute an agreement stating that title will so pass, upon
their receipt of payment from the Trade Contractor."
2. subparagraph 9.5.1 - add:
"From thE~ total of the amount determined to be payable on a
progress payment, 10 percent of such total amount will be
deducted and retained by the Owner until final payment is
made. The balance (90 percent) of the amount payable, less
all previous payments, shall be certified for payment. When
not less than 95 percent of the work has been completed, the
Owner may, at his/her discretion (and with the consent of
the surety), prepare an estimate from which will be retained
an amount not less than twice the contract value or
estimated cost, (whichever is greater), of the work
remaining to be done. The remainder, less all previous
payments and deductions, will then be certified for payment
to the Contractor.
It is understood and agreed that the Contractor shall not be
entitled to demand or receive progress payment based on
quantities of work in excess of those provided in the
proposal or covered by approved change orders, except when
such excess quantities have been determined by the
Construc1:ion 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 matE~rial 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
fulfillmE~nt of all the terms of the Contract."
SUPPLEMENTARY GENERAL CONDITIONS
00800 - 10
OS/25/93
4. Add new subparagraph 9.5.7:
"Except in case of bonafide disputes, or where the Trade
Contractor has some other justifiable reason for delay, the
Trade Contractor shall pay for all transportation and
utility services not later than the end of the calendar
month following that in which services are rendered and for
all materials, tools, and other expendable equipment which
are delivered at the site of the Project. The Trade
Contractor shall pay, to each of his Trade SUbcontractors,
not later than the end of the calendar month in which each
payment :LS made to the Trade Contractor, the representative
amount a~~lowed 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
followinq:
"The Construction Manager/Architect may decline to approve
an Application for Payment if, in his opinion, the
application is not adequately supported. If the Trade
Contractor and Construction Manager cannot agree on a
revised amount, the Construction Manager shall process the
Application for the amount he deems appropriate. The
Construction Manager may also decline to approve any
Applicat:Lons 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 12, have been filed
with the Owner and Construction Manager. Further, no
payments on the basis of work performed by a Trade
OS/25/93
SUPPLEMENTARY GENERAL CONDITIONS
00800 - 11
Subcontractor shall be paid until copies of all bonds
required by Paragraph 7.5 and any certificates of
insurance required of the Trade Subcontractors under
Article 12 have been filed with the Owner."
6. Subparagraph 9.7 - delete in its entirety.
ARTICLE 11
1.
S~~~.~I~H~;I~~.~a... ':~gh.~~,t..i~ha~BiITI~fu.[.81IH'~gtiE~II~~.I~j~I.~.*..;..........
"11. 1. 1 Following award, but prior to execution of the
contract the Contractor shall provide satisfactory evidence
to the O\iner, that the Contractor, at their own expense, has
obtained the limits of insurance specified under this
paragraph. The insurance form included in this section is
to be eXE~cuted, unmodified, and submitted as the certificate
of insurance. The Contractor will also ensure that all
subcontractors in any tier have obtained the same insurance
as specified.
11.1.2 The Contractor will not be permitted to commence any
phase of the work governed by this contract until
satisfac1:ory evidence of the required insurance has been
furnished to the Owner. Delays in the commencement of work
resultinq from the failure of the Contractor to provide
satisfac1:ory evidence of the required insurance shall not
extend dE~adl ines speci f ied in this contract and penal ties
and failure to perform assessments shall be imposed as if
the work commenced on the specified date and time.
11.1.3 The Contractor, and all subcontractors shall
maintain the required insurance throughout the entire term
of this contract and any extensions specified. If any
coverages are required to remain in force after final
payment, a certificate evidencing continuation of such
coverage shall be submitted along with the application for
final payment. 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 contract and any
penalties and failure to perform assessments shall be
imposed as if the work had not been suspended.
11.1.4 The acceptance and/or approval of the Contractors
insurancE~ shall not be construed as relieving the Contractor
from any liability or obligation assumed under this contract
or imposed by law.
OS/25/93
SUPPLEMENTARY GENERAL CONDITIONS
00800 - 12
CERTIFICATE OF INSURANCE
MONROE COUNTY
In COIISidcration of the premiums charged on the insurance policies shown in this certificate, this certificate is issued to the certific:ate hokIer shown below. This
certifICate does not amend, extend or alter the roveraae afforded by the policies listed below eu:ept as showD below.
'E &: ADDRESS OF Il'SURED: COMPA....IES AfFORDISG COVERAGES
Company Lell... A
Company Letter B
NAME &: ADDRESS OF AGENCY: Company Letter C
Company Leu... D
Company Letter E
This is 10 certify that the insurance policies listed bel",,' bave been issued 10 the insured and are enforced at this time. It is agreed that none of these policies wi1I be canoeIIed or cbaoged without prcMding 60 da)'S
v.,;ttcn notice of such cancellJlion of change [0 the cerjfjcale holder. except ~ days for \Von:ers' CompensJlion.
COLTR TYPE OF INSURANCE POLICY 11 EFFECI1VE DATE EXPIRATION DATE AU.. Uw.rrs IN TIiOUSANDS
General Liabitity General Aggregate $
0 Commercial General Liability Products-CompiOps Aggregate $
0 Claims Made 0 Occurrence
0 CMner's .& ConLraClOrs Protective Personal &: A.hen...."g Inju!)' S
o x. C U. Coverages Eacb Ocaxrenoe $
0 Broad Form Property D:.JmJge Fire Damage (any c-nc tire) S
0 lndependent Contractors Medical E>pense $
0 Blanket Contractual (anyone person)
AUlOmobile Liability Bodily Injury
0 Any Auto (Lcb ?<rson) S
0 AU O\\ned Autos (Lcb _-\cclden!) S
0 Scbeduled Autos Property Damage $
0 Hired Aut,.:>~ Bodi~' Injury anJ P:- '::ertv S
Damage Combined
0 !'\on-CN:ned AUlOS
E.u:... uability
0 Umbrella Form Bodily Injury and Pr~rty $
0 Other than Umbrella Form [hmage Combined
o Claims ~bde
o Occurrence
\Vorkers' Compensation and Worken' Compensaoon Statutory
Employers' Li3bility
Employer~' LiJblli~ S
Other S
Comments: .\1onroe County. Monroe County Bo~rJ d Coum)' C...'\mmi~sjont'[s ~mJ .\1nrr;:..:'n-MuJsen, Germs are named ;JS ;)JJitlon;:tllnsureds \n::h respt:cI to the GenerJI L13c-; \'ehlC:e ;......loili[}', Professlor..;.,
Liability and Excess Liability Policies.
Name and AdJre:.s of [he Certitic3te H01Jer: D;jte IssLlt'J:
Monroe County .-\Lltll,'\ri7<..''': ;.<...'l'l'....~..:nl~l! 1\ <.:
c~, !\lorri:,,()n-Knlh..1~l'niiGcrrit~
~()()O Collc~L' RO,ld \cJ;, .
Kc\' West. Florid" J3040
T<..'kplwnt'
11.1.5 lvorkmens' Compensation. The Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to
respond ':0 the applicable state's statutes. In addition, the
Contractor shall obtain Employers/ Liability Insurance with
limits of not less than:
$ 500,000 Bodily Injury by Accident
$ 500,000 Bodily Injury by Disease, each employee
$ 500,000 Bodily Injury by Disease, policy limits
coverage shall be provided by a company or companies
authoriu~d to transact business in the state of Florida
the company or companies must maintain a minimum rating
A-VI, as assigned by the A.M. Best Company.
and
of
If the Contractor has been approved by the Florida's
Department of Labor, as an authorized self-insurer, the
County shall recognize and honor the Contractor's status.
The Cont~actor shall be required to submit a Letter of
Authorization issued by the Department of Labor and a
certificate of Insurance, providing details on the
Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a
certificate of Insurance will be required. In addition, the
Contractor will be required to submit updated financial
statements from the fund upon request by the County.
11.1.6 General Liability. The Contractor shall obtain
General ~iability Insurance with the following minimum
coverage:; :
a. Premises operations
b. Products and Completed Operations
c. Blanket Contractual Liability
d. Personal Injury Liability
e. Expanded Definition of Property Damage
f. Medical Payments
The minimum limits acceptable shall be:
$500,000 Combined single Limit (CSL)
If split limits are provided, the minimum limits acceptable
shall be:
$ 250,000 per Person
$ 500,000 per Occurrence
$ 50rOOO Property Damage
An Occur~ence Form policy is preferred. If coverage is
provided on a Claims Made Policy, its provisions should
include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which
05/18/92
SUPPLEMENTARY GENERAL CONDITIONS
00800-14
claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of the Work by the
County.
Recognizing that the work governed by this contract involves
either underground exposures, explosive activities, or the
possibility of collapse of a structure, the Contractor's
General Liability Policy shall include coverage for the XCU
(explosion, collapse, and underground) exposures with limits
of liability equal to those of the General Liability
Insurance policy.
11.1.7 Vehicle Liability.
Vehicle Liability Insurance
coverage~:; :
a. Owned, Non-Owned,
b. Medical Payments
The Contractor shall obtain
with following minimum
and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable
shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
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.
Notwiths1:anding any provisions contained in this paragraph,
the Cont)~actor shall be responsible for the first $10,000 on
any loss governed by this section. TheContractor
understands that the Ovmer I s property insurance policy
contains certain exclusions which are available upon request
from the Construction Manager.
11.1.9 Public Construction Bond. The Owner shall require
the Cont~actor to furnish a Public Construction Bond in the
form pro'lided by the O.:mer 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.
05/18/92
SUPPLEMENTARY GENERAL CONDITIONS
00800-15
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 Ownl~r 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 thi~; 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)
05/18/92
SUPPLEMENTARY GENERAL CONDITIONS
00800-16
ARTICLE 12
1. Subparagraph 12.1.3 - under item .1, add the following at
the end of the sentence, ", as set forth in subparagraph
12.1.6"
2. Subparagraph 12.1.4 - replace the remainder of the
paragraph, after the word "change" in line 25, with the
following:
"Pending final determination of cost, payments on
account shall be made as determined by the Construction
Manager. The amount of credit to be allowed by the
Trade Contractor for any deletion or change, which
results in a net decrease in the Contract Sum, will be
the amount of the actual net cost as confirmed by the
Construction Manager. When both additions and credits
covering related Work or substitutions are involved in
anyone change, the allowance for overhead and profit
shall be figured on the basis of the net increase, if
any, with respect to that change."
3. Add new subparagraph 12.1.6:
"The actual cost of Changes in the Work may include all
items of labor or material, power tools, and equipment
actually used, utilities, pro rata charges for foreman,
and all payroll charges such as Public Liability and
Workman's Compensation Insurance. No percentage for
overhead and profit shall be allowed on items of Social
Security and Sales Tax. If deductions are ordered, the
credit shall be the net cost. Items considered as
overhead shall include insurance other than that
mentioned above, bond or bonds, superintendent,
timekeeper, clerks, watchmen, use of small tools,
incidental job costs, and general office expenses. The
actual cost of Changes in the Work (other than those
covered by unit prices set forth in the Contract
Documents) shall be computed as follows:
12.1.6.1 If the Trade Contractor performs the actual
Work, the percentage mark-up for overhead and profit
shall be a maximum addition of fifteen percent (15%).
12.1.6.2 If the Trade Subcontractor performs the
actual Work, the percentage mark-up for overhead and
profit shall be a maximum addition of fifteen percent
(15%). If the Trade Contractor does not enter into the
Work, the maximum mark up for managing this work will
be ten percent (10%).
05/18/92
SUPPLEMENTARY GENERAL CONDITIONS
00800-17
12.1.6.3 If the Trade Subcontractor performs part of
the actual work, his percentage mark-up for overhead
and profit shall be a maximum addition of fifteen
percent (15%) on his direct work only. If the Trade
Contractor performs part of the actual work, his
percentage mark-up for overhead and profit shall be a
maximum addition of fifteen percent (15%) on his direct
work only.
4. Add new subparagraph 12.1.7:
liThe 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. II
5. Subparagraph 12.3.1 - delete in its entirety and insert the
following:
"If the Trade Contractor claims that any instructions
given to him by the Construction Manager, by drawings
or otherwise, involve extra work not covered by the
Contract, he shall give the Construction Manager
written notice thereof within three (3) days after the
receipt of such instructions and before proceeding to
execute the work, except in emergencies endangering
life or property, in which case the Trade Contractor
shall proceed in accordance with Paragraph 10.3."
Should it not be clear to the Trade Contractor that a
change will involve extra work, written notice given
within three (3) days that the change may involve extra
work will be sufficient notice. If it is later
determined that the work involved in such instruction
shall be recognized as an extra, the amounts of
additional compensation to be paid therefore should be
determined in accordance with Paragraph 12.1.
Except as otherwise specifically provided, no claim for
additional cost shall be allowed unless the notice
specified by this Subparagraph is given by the Trade
Contractor. If the Contractor considers that the
changed work involves extra costs, the costs shall be
accounted for, and presented in accordance with
subparagraph 12.1.3. All claims shall be submitted to
the Owner through the Construction Manager."
6. Subparagraph 12.3.2 - change the word 'agent' in the 7th
line, to 'representative'.
05/18/92
SUPPLEMENTARY GENERAL CONDITIONS
00800-18
7. Add new subparagraph 12.3.3:
"Unless otherwise agreed in writing, the Contractor
shall carryon the Work and maintain its progress
during any dispute or claim proceeding, and Owner shall
continue to make payments to the Contractor in
accordance with the Contract Documents. Disputes
unresolved shall be settled in accordance with
subparagraph 7.1.1.11
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
th~reoI1as provided in Paragraph 9.711... Aadt:Ot:l1~etigOf
the last sentence: "excluding home office overhead.."
2. Subparagraph 14.2.1 - change the words 'seven days' in the
13th and 18th line, to '72 hours'.
************************
END OF SECTION 00800
05/18/92
SUPPLEMENTARY GENERAL CONDITIONS
00800-19
SECTION 00970
PROJECT SAFETY AND HEALTH PLAN
1.1
REGULATIONS AND POLICIES
1.1.1
1.2
1. 2.1
Every Contractor and Subcontractor employed on the
Project shall comply with all applicable local, State,
and Federal safety and health regulations and with
Morrison-Knudsen Company, Inc. safety and health
policies as described herein.
PROJECT SAFETY AND HEALTH REQUIREMENTS
It is recognized that it is good business and evidence
of competent leadership to prevent the occurrence of
incidents that lead to occupational injuries or
ill~esses. Safety and health requirements on this
project include, but are not limited to, the following:
.1 In general, this accident prevention policy is
based on a sincere desire to eliminate personal
injuries, occupational illnesses, and equipment
and property damage; and to protect the general
public exposed to or associated with the work.
.2 The importance of the safety of all workers on the
project shall be recognized and accident
prevention shall be an integral part of all
operations.
.3 Each Contractor and Subcontractor shall conduct
work in a safe and practical manner in conformance
with the OSHA Safety and Health Regulations and
the latest edition of the Manual of Accident
Prevention, Associated General Contractors of
America.
.4 Each Contractor and Subcontractor shall observe
all applicable Federal, State, local and project
laws and regulations pertaining to safety and
health, pollution control, water supply, fire
protection, sanitation facilities, waste disposal
and other related items.
.5 The Mandatory Safety and Health Rules shall be
posted in a conspicuous location along with the
OSHA and Emergency Phone Number posters.
OS/25/93
00970 - 1
PROJECT SAFETY & HEALTH PLAN
.6 A record of all occupational injuries and
illnesses shall be maintained. Medical and lost
time cases shall be properly recorded on the OSHA
log, and reported to MORRISON-KNUDSEN/GERRITS. A
copy of the insurance report for workmen
compensation cases shall be provided to MORRISON-
KNUDSEN/GERRITS.
.7 Each Contractor and Subcontractor shall provide or
arrange for adequate first aid facilities,
emergency transportation and persons qualified in
first aid.
.8 Each Contractor and Subcontractor shall cooperate
fully with all other contractors in their
respective safety and health programs.
.9 Good housekeeping shall be observed at all times.
Waste, debris, and garbage shall be removed daily
or placed in appropriate waste containers. All
materials, tools, and equipment shall be stored in
a safe and orderly fashion. Each contractor shall
donate 10% of their staff to a crew that will
convene every Friday at 1:00 pm for a joint site
clean-up effort not to exceed a duration of three
hours.
In summary, there will be a 3-part clean-up plan.
The first part consists of the contractor cleaning
up on a daily basis, his workstations, and his
trade work. The second part consists of the
general clean-up, the concerted effort by all
trade contractors working on the project. A
minimum of (1) crew is to be utilized by each
contractor, or 10%, whichever is more. The third
part consists of the Owner cleaning up for a
particular trade contractor should adequate notice
not compel him to clean up his work. In this
case, the appropriate contractors will be
backcharged.
.10 This project shall be a Hard Hat job and all
supervisors, employees and visitors shall be
required to wear a suitable hard hat while on the
project site.
.11 Other appropriate personal protective equipment
shall be provided and worn as required including
but not limited to long pants, shirts with sleeves
and appropriate leather work boots.
OS/25/93
PROJECT SAFETY & HEALTH PLAN
00970 - 2
.12 Temporary construction aids such as ladders,
scaffolds, stairs, railings, etc. shall be
provided to facilitate access or working
conditions in a manner that shall conform to the
safety standards specified by Federal, state,
Local or manufacturer's recommendations or
stipulations.
.13 Each Contractor and Subcontractor shall be
expected to indoctrinate his employees as to the
safety and health requirements of this project and
to enforce adherence to safe work procedures.
.14 If MORRISON-KNUDSEN/GERRITS notifies any
Contractor of any noncompliance with the
provisions of this program, the Contractor shall
make all reasonable efforts to immediately correct
the unsafe conditions or acts. Satisfactory
corrective action shall be taken within the
specified time. If the Contractor or
Subcontractor refuses to correct unsafe or
unhealthy conditions or acts, MORRISON-
KNUDSEN/GERRITS shall take one or more of the
following steps:
a. Cease the operation or a portion thereof.
b. Stop payment for the work being performed.
c. Correct the situation using other forces and
back charge the Contractor expenses incurred.
d. Increase withholding in proportional
increments for that given pay period.
.15 All Contractor's Superintendents shall be required
to attend and participate in all general project
safety meetings. These meetings will be included
in the weekly coordination meetings as previously
specified or on an as needed basis.
.16 All Contractors shall conduct Weekly Tool Box
Safety Training Meetings, and shall document the
minutes on the forms provided. These forms are to
be transmitted to Morrison-Knudsen/Gerrits on a
weekly basis. All employees ~orking at the
project site shall be required to attend and
participate in the meetings.
OS/25/93
00970 - 3
PROJECT SAFETY & HEALTH pu,::
1.3
1. 3.1
1.4
1. 4.1
.17 Shortly after the award of the contract and prior
to the beginning of work, an Activity Hazard
Analysis (phase plan) shall be prepared by the
contractor and submitted to Morrison-
Knudsen/Gerrits for approval. The analysis will
address the hazards for each activity to be
performed in that phase and will present the
procedures and safeguards necessary to eliminate
the hazards or reduce the risk to an acceptable
level. A phase is defined as an operation
involving a type of work presenting hazards not
experienced in previous operations or where a new
subcontractor or work crew is to perform work.
The analysis will be discussed by the contractor
and Morrison-Knudsen/Gerrits on-site
representatives at the Preparatory Inspection
Meeting. Work will not proceed on that phase
until the Activity Hazard Analysis (phase plan)
has been accepted by Morrison-Knudsen/Gerrits.
.18 No personal radios or stereos will be allowed on
the jOb-site.
FIRE PROTECTION
Every Contractor and subcontractor employed on the
Project shall exercise good construction practices to
prevent fire. It shall be the responsibility of the
Contractor to insure that general fire protection
facllities are adequate for his work and to provide
additional fire protection facilities and devices,
including fire extinguishers as required by their scope
of Hork.
WOR1~ NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES
It shall be the Contractor's sole and exclusive
responsibility (a) to provide personnel capable of
worlcing adjacent to energized electrical lines or other
utilities; (b) to provide adequate, safe and properly
maintained equipment; (c) to conduct all of his work in
accordance with the safety rules and regulations
prescribed by the National Electric Code, National
Electric Safety Code, H30, and Safety Rules for
Installation and Maintenance of Electrical Supply and
Communication Lines Hand Book 81, occupational Safety
and Health Act of 1970, as well as other safety codes
in effect at the site of construction and as specified
elsel:lhere herein, or as are generally applicable to the
typEo of "'o'or}: being perforned: rjnd (d) to continuouslj'
SupE:r~\~" lse
2..r~:t
, ....... -~ ~-, ,- .....,-
........i. ;~- "--~ c-___ "-
the '.:'~~-~-~
l:eir~-:; ce:.-for~,ej
-4- ~
-~
OS/25/93
PROJECT SAFETY & HEALTH PLA:~
00970 - 4
1.5
1.5.1
1.5.2
1.5.3
assure that the requirements of (a), (b), and (c) above
are complied with and nothing in these Contract
Documents shall be held to mean that any such
responsibility is the obligation of the Owner or the
Architect or the Construction Manager.
BAFU~ICADES, WARNING DEVICES AND LIGHTING
The Contractor shall be solely responsible for
providing temporary ladders, guard rails, warning
signs, barricades, night guard lights, and deck or
floor closures required in connection with his work to
comply with Federal, state and local safety
requirements. The Contractor shall be solely and
exclusively responsible for the design, construction,
inspection and maintenance of such facilities at all
timE~s .
It shall be the responsibility of the Contractor to
provide additional temporary lighting, if needed to
maintain safe conditions.
It shall be the sole and exclusive responsibility of
the Contractor to provide a safe place to work for all
laborers and mechanics and other persons employed on or
in connection with the project, and nothing in these
Contract Documents shall be construed to give any of
such responsibility to the Owner, the Architect, or the
Construction Manager.
*****************************
END OF SECTION 00970
OS/25/93
PROJECT SAFETY & HEALTH PLAN
00970 - 5
SECTION 00980
CONTRACTOR QUALITY CONTROL PLAN
1.1
1.1.1
1.2
1.2.1
1.2.2
1.2.3
1.2.4
MORRISON-KNUDSEN/GERRITS' DUTIES AND RESPONSIBILITIES
The Morrison-Knudsen/Gerrits' superintendent will
monitor all work performed by the Contractor and assist
the Contractor with his conformance of the work to the
Contract Drawings and specifications.
CONTRACTOR'S DUTIES AND RESPONSIBILITIES
The Contractor is responsible for the quality of the
work performed by his work force on this project as
well as the quality of the material, equipment and
supplies furnished by him to be incorporated into the
work.
The Contractor will designate a Quality Control
Representative who will be on site at all times while
the respective Contractor's work is in progress and
will have the authority and responsibility to accept or
reject items of work. The Contractor's Quality Control
Representative may delegate his duties but the primary
responsibility and authority will rest on him.
The Contractor's Quality Control Representative will
coordinate the submittal of all shop drawings, product
data and samples to Morrison-Knudsen/Gerrits. Any
submittal that is a variance to the contract
requirements must be identified as such and transmitted
to the Construction Manager for submittal and approval
by the Architect/Engineer or Owner. No work requiring
submittal of a shop drawing, product data or sample
shall commence until the submittal has been reviewed
and approved by the Architect/Engineer.
The Contractor will bear the responsibility of
notifying the designated material-testing laboratory,
whether Monroe County or Contractor is required to
perform testing of materials as required by the
contract drawings and specifications in a timely
fashion to prevent needless cancellations and delays of
work activities. Any costs caused by untimely
notification shall be borne by the Contractor.
OS/25/93
CONTRACTOR QUALITY CONTROL PLAN
00980 - 1
1.2.5
1.2.6
1.3
1.3.1
The Contractor's Quality Control Representative will
review his drawings, procurement documents and
contracts to insure that the technical information
provided and all work performed is in accordance with
the latest revisions of the Contract Drawings and
specifications.
The Contractor's Quality control Representative will
perform an inspection upon receipt at the site of the
work of all materials, equipment and supplies including
those furnished to him by the Owner. Notes from this
inspection will be filled out on the appropriate form
and included with the Contractor Daily Quality Control
Report. Items which are damaged or not in conformance
with the respective submittals, quality standards,
contract drawings and specifications shall be brought
to the attention of Morrison-Knudsen/Gerrits'
representative on site and then will be identified and
segregated from accepted items. Items thus identified
will not be incorporated into the work until corrective
action acceptable to Morrison-Knudsen/Gerrits is
completed. Items determined unsalvageable will be
removed from the job site. These items shall be noted
as deficient in the applicable section of the
Contractor Daily Quality Control Report.
INSPECTION AND TESTING
INSPECTION PLAN
Morrison-Knudsen/Gerrits utilizes a multi-point
inspection plan for each separate feature of work to be
performed under this Contract, i.e., work described by
each division of the technical provision section of the
contract specifications. This plan consists of the
following:
.1 Preparatory Inspection - Prior to commencing the
work, the Contractor's Quality Control
Representative will meet with Morrison-
Knudsen/Gerrits' Superintendent and the
Architect's representative if he so desires to
attend and check the following items at a minimum
for conformance:
(a) Approval of shop drawings and submittals.
(b) Approval of inspection and test reports of
materials and equipment to be utilized.
(c) Completion of previous operations of
preliGinar~
'..~~-.-
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OS/25/93
CONTRACTOR QUALITY CONTROL PL~N
00980 - 2
Note:
Note:
.2
(d) Availability of materials and equipment
required.
(e) Potential utility outages.
(f) Any other preparatory steps dependent upon
the particular operation.
(g) Quality standards.
(h) Safety or environmental precautions to be
observed. (Phase Hazard)
Morrison-Knudsen/Gerrits will record the minutes
to this inspection meeting and distribute
accordingly.
Initial inspection - Upon completion of a
representative sample of a given feature of the
work, the Contractor's Quality Control
Representative will meet with the Morrison-
Knudsen/Gerrits Superintendent and the Architect's
representative if he so desires to attend and
check the following items at a minimum for
conformance:
(a) Workmanship to established quality standards.
(b) configuration to contract drawings and
specifications.
(c) Construction methods, equipment and tools
utilized.
(d) Materials and articles utilized.
(e) Adequacy of testing methods.
(f) Adequacy of shop drawings.
(g) Adequacy of safety or environmental
precautions.
Morrison-Knudsen/Gerrits will record the minutes
to this inspection meeting and distribute
accordingly.
.3
Follow-up Inspections - The Contractor's Quality
Control Representative will inspect the work daily
to assure the continuing conformance of the work
to the workmanship standards established during
the preparatory and initial inspections.
Additionally, as a part of the follow-up
inspection, sign-off sheets will be utilized as
often as possible. The intent of these sheets is
to achieve concurrence from other trade
contractors and responsible parties that ensuing
work can indeed commence over underlying ~ork.
This ~ill p~event oversights and O~iS5ic~5 whic~
OS/25/93
CONTRACTOR QUALITY CONTROL PLAN
00980 - 3
1.3.1.5
1.3.1.6
Note:
Note:
could elevate costs. Sign-off sheets shall be
used for, but not be limited to, concrete,
drywall, ceilings, painting, roofing substrates
and flooring. These reports are to be generated
by the Contractor and submitted to Morrison-
Knudsen/Gerrits' Superintendent for approval prior
to the start-up of work.
Failure to generate a sign-off sheet or to attain
proper signatures prior to covering up underlying
work may affect payment for that piece of work if
ensuing problems are detected or not. This
disciplinary action shall be carried out via the
Nonconformance Report. (See section 1.4.2 of this
plan. )
The Contractor shall be responsible to record
these inspections and all other project related
activities encountered throughout the day on the
Contractor Daily Quality Control Report.
.4
Completion Inspections - Upon completion of a
given feature of the work, the Contractor's
Quality Control Representative will meet with
Morrison-Knudsen/Gerrits' superintendent, if he so
desires to attend, to perform an inspection of the
completed work. Non-conforming items will be
identified and corrected prior to commencement of
the next operation.
The Contractor shall conduct and report
corrections of this inspection which shall be a
required submittal.
Follow-On Inspections - Upon execution of the
contractor's completion inspection in elements of the
work which result in concealment; such as, ceiling and
drywall installations, the Contractor shall schedule
and conduct multi-trade or singular inspections prior
to covering installation.
Note:
MK/G will record the minutes to this
inspection meeting.
Pre-Final Inspection - Upon substantial completion of
the project work MK/G shall coordinate and conduct a
universal inspection of all areas and elements of the
work. The Architect/Engineer may be represented if he
so desires. This inspection shall be completed at
least (15) days prior to the final substantial
co:-:.p:'..etic:-" inspection '::hich shall be co;:ducted h,. tl:.e
OS/25/93
CONTRACTOR QUALITY CONTROL PLAN
00980 - 4
1.3.2
1.3.3
1.4
1.4.1
A/E. All deficiencies and incomplete work should be
completed prior to the final substantial completion
inspection.
OPERATION AND CHECK OUT TESTING
The Contractor will provide personnel and equipment to
perform the operational tests and check-out of the
equipment, facilities or equipment constructed,
fabricated or installed under this Contract. Morrison-
Knudsen/Gerrits' Superintendent will coordinate and
witness all such tests. Notification should be given
at least ten (10) days in advance of the scheduled
tests.
FINAL INSPECTION and issuance of the A/E CERTIFICATE OF
SUBSTANTIAL COMPLETION
Morrison-Knudsen/Gerrits' superintendent will
coordinate and attend all final inspections of the work
by the ArChitect/Engineer. Prior to requesting a final
inspection, all tests for the equipment and systems
must be completed.
Upon completion of the A/E's inspection, the A/E will
publish outstanding items and issue a Project
Certificate of Substantial Completion, which will
define the date of 'Turn-Over' to the Owner the care,
control and custody. Reference Section 00800,
Substantial Completion.
REPORTING
Maintaining accurate and retrievable records is
extremely important in the Quality Assurance Program.
These records will act as a main source of information
in the present and in the future for the entire project
management team. The main report that will be utilized
to provide this information is the Daily Quality
Control Report. Nonconformance Reports may also be
issued.
DAILY QUALITY CONTROL REPORT
The Daily Quality Control Report shall be used to
document the summary of daily inspection activities
performed by the Contractor's designated Quality
Control Representative. It shall include any of the
steps of inspection that are performed that day, all
test monitoring and any rewor}: of nonconforning ite~s.
The daily Quality Control Re~or~ section of the Daily
OS/25/93
CONTRACTOR QUALITY CONTROL PLAN
00980 - 5
1.4.2
1.5
1.6
1.6.1
Superintendent's Report will be routinely used for
daily reporting requirements. When the magnitude or
complexity necessitates such, a more separate and
comprehensive form will be used. Reference
Contractor's Daily Report, and as needed Contractor
Daily Quality Control Report, section 01385.
NONCONFORMANCE REPORT
Nonconformance Reports will be issued for work that lS
found to be in nonconformance with the contract
documents or the referenced quality standards. The
report will be issued by Morrison-Knudsen/Gerrits.
It is not the intent to routinely and repeatedly issue
nonconformance reports, but to issue them only after
normal enforcement standards have been exhausted, or if
the work performed is a detriment to the project.
A copy of the Nonconformance Report will be forwarded
to the Project Manager for his information and/or
action. It should also be included in the Contractor's
Daily Quality Report package for general review.
Nonconformance Reports will be signed off once the
deficient item or items have adequately been corrected.
This will be done by the issuing Superintendent and
Project Manager. These sign-offs will be included with
a corresponding corrective action taken. Significant
nonconformances need to be addressed to prevent
recurrence. The signed-off report will also be
submitted for review.
Work activities affected by a Nonconformance Report
will proportionally counter-affect payments. Whether
that be partial or full retainage will be left up to
the discretion of Morrison-Knudsen/Gerrits' management
team.
NOT USED
AUDITS
Morrison-Knudsen/Gerrits may choose at its option to
perform Contractor audits of their Contractor Quality
Control Plan at any time. Reports of these audit
results will be forwarded to the Project Manager for
his action. Any action items noted during an audit for
the Contractor will be followed up and documented to
insure compliance and avoid recurrence.
OS/25/93
CONTRACTOR QCALITY CONTROL PLAN
00980 - 6
1.7
SUMMARY
The intention of this plan is to create a system of
checks and balances that will minimize delays caused by
rework and a lack of planning and maximize production
and insure that the finished product is one that the
entire construction team can pride themselves in.
These goals can be achieved by giving the Owner exactly
what he has bought. The Owner will expect no more and
through Quality Assurance, the construction team will
provide no less.
*****************************
END OF SECTION 00980
OS/25/93
CONTRACTOR QUALITY CONTROL PLAN
00980 - 7
CONTRACTOR'S
AFFIDAVIT OF
PAYMENT OF
DEBTS AND CLAIMS
O\\:-'ER
ARCHITECT
CONTRACTOR
SURETY
OTHER
AlA Document G706
[]
o
TO (Owner)
r
L
PROJECT:
(name, address)
ARCHITECT'S PROJECT NO:
I CONTRACT FOR:
..J CONTRACT DATE:
State of:
County of:
The undersigned. pursuant to Article 9 of the General Conditions of the Contract for Construction. AlA Document
A201. hereby certifies that. except as listed below, he has paid in full or has otherwise satislied 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 dJmJges arislOg in any mJnner In connection \\Ilh the perlormance ul the ContrJct
referenced above for which the Owner or his property might 10 anv wav be held re<ponslble.
EXCEPTIONS: (If none, write "None". If require<.i by the Owner. the Conlr,lctor <hall lurnish bond SJtlSfaclory to the
Owner for each exception.)
SLPPORTING DOCUMENTS ATTACHED HERETO.
1. Consent of Surety to Final PJvment. Whenever
Surety is involved. Consent of Surety is required.
AlA DOCUMENT GlO?, CONSENT OF SURETY,
may be used for this purpose.
Indicate attachment: (yes ) (no l.
The following supporting documents should be at-
tached hereto il required by the Owner:
1. Contractor's Release or Waiver of Liens, condi-
tional upon receipt 01 final payment.
., Separate Releases or \Vaivers 01 Liens from Sub-
contractors and material and equipment sup-
pliers. to the extent required bv the Owner, ac-
companied by a list thereol.
3. Contractor's Affidavit of Release of Liens (AlA
DOCUMENT G706AI.
CONTRACTOR:
Address'
BY:
SubSCribed and sworn to belore me this
dJvof
19
Notary Public:
....Iv Commission bpI res:
..... ~ .
1 j-t). '-1 l '.
n...... E P '" r::
A!~ DOCL,'\E~T C:-Of,. C-"-~~::4',~-,----:-::; '-~':':;.\.'.~T (Ie F'....y\~,f'T n~ D~l?"'S ....,~ r~.\I\'':: . \nl:'" .-~ ~~,'TI(l'
\'. ,',:,"1:"1 ~ -~ ,.:.1 '\'f\CH:~:_=-c ~-;j '<I,I, '1";"'.
00900-l
AFFIDAVIT Of PAYMENT OF DEBTS & CLAIMS
OS/25/93
CONTRACTOR'S
AFFIDAVIT OF
RELEASE OF LIENS
-\/0\ DOCW..IENT C70M
0\\ SER
ARCHITECT
CONTRACTOR
SURETY
OTHER
LJ
o
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ARCHITECT'S PROJECT ~O
I CONTRACT FOR:
TO ,Owner)
L
~ CONTRACT DATE:
PROJECT:
name, address)
State of:
County of:
The undersigned, pursuant to Article 9 of the Ceneral Conditions 01 the Contract for ConstructIOn. AlA Document
:\201. hereby certifies that to the best of his knowledge. information and belief. except JS :,sled below. the Releases
or Waivers of Lien attached hereto include the Contractor, all Subcontractors. all suppliers 01 mJteflals and equip-
ment, and all performers of \\'ork. labor or services who have or may have liens agamst anv propertv of the Owner
Jflsing in Jny manner out of the performJnce of the Contract referenced Jbove
EXCEPTIO~S' (If none. write "~one". If required bv the Owner. the Contractor -hall furn"n bo~.c <;lI,factory to the
Owner lor each exception. I
SUPPORTINC DOCL'.\IENTS A.TTACHW HERETO
CONTRACTOR:
Contractor's Release or Waiver 01 Liens, condi-
:,onal upon receipt of fmal pJyment.
Separate Releases or \\'alvers 01 Liens from Sub-
contractors and material and equipment sup-
pliers. to the e\tent reqUired bv the O\"\ nero .]C-
companied by a list thereof.
-\ddres,
BY:
Subscflbed and S\\()rn to be;ore me th"
dJV 0:
1')
NotJrv PubliC
'Iv Commlss,un hp"e'
';1-\ OOCU\.U"'IiT C~06A' \ (-"'~.~;;:~c~
. ;;..r \\HK'(\' ~.,- :~
:;1\ s :",~riO'l..\i~ \ :_~~_~r. l F ~:f:""S. .\FR : ~-,-,'
\~'C~;"-:I~ T, : ',i\'. "., :..\l "'-\\ "''.'\''HL'~
OS/25/93
AFFIDAVIT OF RELEASE OF LIENS
00905
1
CONSENT OF
SURETY COMPANY
TO FINAL PAYMENT
AlA DOCUMENT C707
OWNER
ARCHITECT
CONTRACTOR
SURETY
OTHER
[J
o
o
D
PROJECT:
(name, address)
TO (Owner)
I
'I ARCHITECT'S PROJECT NO:
CONTRACT FOR:
L
CONTRACTOR:
.J CONTRACT DATE:
In Jccordance with the provisions 01 the Contract between the Owner and the Contractor as indicated above. the
i;ere Insrf! n~mc ~nd ,lddreH of Surpty Comp.1nYJ
, SURETY COMPANY,
on bond of ;here In}ert n.lme .nd iddress of COnlrictorl
, 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 !he.. ,n,.,! nom. ond odd,... 01 Owne'l
OWNER.
as set forth in the said Surety Company's bond.
IN WITNESS WHEREOF.
the Surety Company has hereunto set Its hand this
day 01
19
Surelv Company
Signature of AuthOrIZed Representative
Attest:
(Seal) :
Title
.'-OTE ThiS fo'm " 10 be used as . companion document to AlA DOCL.'IE'-T G~D6. CO~TR~CTORS AffIDA\'IT OF P~) "E' T Of DEBTS ~""D
Cl-"I\lS. Cuoren! Edition
. T;' E~. ',', ~ ~ c: -\ ".
-,.c.:",..... '~F ~LRfTY cn'.~r,\",\""l0 r',,~., r'.1y..~r'<T. .,r~'~
."~:.7:i''- -= e;r .\,RCHi'T[:-'''' ~ C'
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OS/25/93
CONSENT OF SURETY TO FINAL PAYMENT
00910 - 1
SECTION 01027
APPLICATION FOR PAYMENT
1. SUMMARY
This section provides procedures for preparation and
submittal of Applications for Payment.
2. FORMAT
The Application and Certificate for Payment including the
Continuation Sheet is the required format for submitting
invoices. A copy of these forms are included in this
section. The Owner reserves the right to modify the format
to better suit his internal accounting system.
3. PREPARATION OF APPLICATIONS
The contractor is required to comply with the following
procedure:
1. Progress payment period ending date is the 25th
day of each month.
2. Fifteen (15) calendar days prior to the 25th
(i.e., loth of the month), work item updates are
to be submitted by the Contractor to the CM for
work through the period ending date (25th).
3. The Work Item Update listing (blank) will be
distributed to the Contractor for completion prior
to the lOth day of the month.
4. From the lOth to the 16th day of the month, the CM
will review the copies of the work item update
with the field staff and/or the Contractor.
5. From the 17th to the 20th day of the month, the CM
will meet at the jobsite with the A/E to review
the recommended work iten update listings :or AlE
approval.
6. From the 21st to the 24th day of the nonth, the CM
will provide the Contractor the revie~ed a~d
approved work item update and an appl~=3~~=~ fc~
OS/25/93
APPLICATION FOR PAYMENT
O~027 - 1
payment.
7. The Contractor will execute certification by
notarized signature of authorized officer.
8. The Contractor will attach to the Application for
Payment, a completed and properly executed
Affidavit and Partial Release of Lien form also
contained in this section.
9. On or about the 25th day of each month, the AlE
will certify the applications for payment at the
monthly jobsite project coordination meeting and
the CM will submit them to the Owner for
processing or provide notification as stipulated
in the General Conditions for withholding.
4 SUBMITTAL PROCEDURES
A. The initial Application for Payment will not be
processed until the Contractor's construction schedule,
the schedule of values, and the initial submittal
schedule have been received, reviewed and approved by
the Owner's Representative.
B. Submit an updated construction and submittal schedule
with each Application for Payment.
C. Payment Period: Submit once per month. Payment will be
made by the Owner within a reasonable time thereafter.
5. SUBSTANTIATING DATA
A. When the Owner's Representative requires substantiating
information, submit data justifying dollar amounts in
question.
B. Provide one copy of data with cover letter for each
copy of submittal. Indicate Application number and
datE!, and line item by number and description.
OS/25/93
APPLICATION FOR PAYMENT
01027 - 2
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MONROE CCUlTY
c/o MORRISON.KNUDSEN/GERRITS
AFFIDAVIT AND PARTIAL RELEASE OF LIEN
APPLICATION NUMBER:
PERIOD ENDING DATE: OS/25/93
APPLICATION DATE:
(N~ ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the suw
S 0.00
to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, MONROE COUNTY, ~ER,
their successors and assigns from all suits, causes of action, liens, tien 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:
NEW MONROE COUNTY DETENTION FACILITY
As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following:
THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of
S 0.00
as of the date of the Partial Release and the undersigned has received S
on the adjusted contract amount as of the date of this Partial Release.
as payment
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 betow 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 alt 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 ~NER other than those subcontractors/suppliers
amounts remaining due and owing on the adjusted contract balance as reflected above_
THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection
with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned
from any obligations under such Guarantee, Warranty or Maintenance Agreement.
WITNESS MY HAND THIS
day of
, 19
Wi tness
EXAMPLE CONTRACT
Witness
Signature, Title
OS/25/93
APPLICATION FOR PAYMENT
01027
5
SECTION 01028
CHANGE ORDER PROCEDURES
PART 1 - GENERAL
1 SUMMARY
A. Section includes:
1. Promptly implement change order procedures.
a. Provide full written data required to
evaluate changes.
b. Maintain detailed records of the work done on
a time and material/force account basis.
c. Provide full documentation to the
Construction Manager with each request.
2. Designate in writing the member of the
Contractor's organization authorized to accept
changes in the Work.
3. The Owner will designate in writing the person who
is authorized to execute Change Orders.
B. Related requirements:
1. Agreement: The amounts of established unit
prices.
2. Agreement: The amounts of established allowances.
3. Conditions of the Contract, Article 12 of the
General Conditions:
a. Methods of determining cost or credit to the
Owner resulting from changes in the Work made
on a time and material basis.
b. The Contractor's claims for additional costs.
2 DEFINITIONS
A. Change Order, AlA Document G701/CM: Refer to the
General Conditions.
B. Construction Change Directive: A written order to the
Contractor, signed by the Owner, MK/Gerrits and the
Architect, which amends the Contract Documents as
described, and authorizes the Contractor to proceed
with a change which affects the Contract Sum or the
Contract time, for inclusion in a subsequent Change
Order.
OS/25/93
CHANGE ORDER PROCEDURES
01028 - 1
3 PRELIMINARY PROCEDURES
A. A change may be initiated by submitting a Proposal
Request to the Contractor. Request will include:
1. Detailed description of the change, products and
location of the change in the Project.
2. supplementary or revised Drawings and
Specifications.
3. The projected time span for making the change, and
a specific statement as to whether overtime work
is, or is not, authorized.
4. A specific period of time during which the
requested price will be considered valid.
5. such request is for information only, and is not
an instruction to execute the changes, nor to stop
the Work in progress.
B. The contractor may initiate changes by submitting a
written notice to the Construction Manager containing:
1. Description of the proposed changes.
2. statement of the reason for making the changes.
3. statement of the effect on the Contract Sum and
the Contract Time.
4. Statement of the effect on the Work of separate
contractors.
5. Documentation supporting change in the Contract
Sum or the Contract Time, as appropriate.
4 CONSTRUCTION CHANGE DIRECTIVE
A. In lieu of Proposal Request, a Construction Change
Directive may be issued for Contractor to proceed with
a change for subsequent inclusion in a Change Order.
B. The Construction Change Directive will describe changes
in the Work, both additions and deletions, with
attachments of revised Contract Documents to define
details of the change, and will designate the method of
determining a change in the Contract Sum and change in
the contract Time.
C. The Owner, Construction Manager, and the Architect will
sign and date the Construction Change Directive as
authorization for the Contractor to proceed with
changes.
D. At completion of the change, submit itemized accounting
and supporting data as provided in the Article
"Documentation of Proposals and Claims" of this
Section.
OS/25/93
CHANGE ORDER PROCEDURES
01028 - 2
E. The allowable costs of such work will be determined as
provided in the General Conditions and Supplementary
Conditions.
F. The Owner, Construction Manager and Architect will sign
and date the Change Order to establish the change in
the Contract Sum and in the Contract Time.
G. The Owner and the Contractor will sign and date the
Change Order to indicate their agreement.
5 DOCUMENTATION OF PROPOSALS AND CLAIMS
A. Support each quotation for a lump-sum proposal, and for
each unit price which has not previously been
established, with sufficient substantiating data to
allow evaluation of the quotation.
B. On request provide additional data to support time and
cost computations:
1. Labor required.
2. Equipment required.
3. Products required.
a. Recommended source of purchase and unit cost.
b. Quantities required.
4. Taxes, insurance and bonds.
5. Credit for the work deleted from the Contract,
similarly documented.
6. Overhead and profit.
If the Contractor performs the actual Work, the
percentage mark-up for overhead and profit shall be a
maximum addition of fifteen percent (15%).
If the Subcontractor performs the actual Work, the
percentage mark-up for overhead and profit shall be a
maximum addition of fifteen percent (15%). If the
Contractor does not enter into the Work, the maximum
mark-up for managing this work will be ten percent
(10%) .
If the Subcontractor performs part of the actual Work,
his percentage mark-up for overhead and profit shall be
a maximum addition of fifteen percent (15%) on his
direct work only. If the Contractor performs part of
the actual work, his percentage mark-up for overhead
and profit shall be a maximum addition of fifteen
percent (15%) on his direct work only.
7. Justification for change in the Contract Time.
OS/25/93
CHANGE ORDER PROCEDURES
01028 - 3
C. support each claim for additional costs, and for the
work done on a time-and-materialjforce account basis,
with documentation as required for a lump-sum proposal,
plus additional information:
1. Name of the Owner's authorized agent who ordered
the work, and date of the order.
2. Dates and times the work was performed, and by
whom.
3. Time record, summary of hours worked, and hourly
rates paid.
4. Receipts and invoices for:
a. Equipment used, listing dates and times of
use.
b. Products used, listing of quantities.
c. Subcontracts.
5. signature of Construction Manager's
Superintendent, concurring with quantities.
6 PREPARATION OF CHANGE ORDERS
A. The Construction Manager will prepare each Change
Order.
B. Change Order form: AlA Document G70l/CM.
C. Change Order will describe changes in the Work, both
additions and deletions, with attachments of revised
Contract Documents to define details of the change.
D. Change Order will provide an accounting of the
adjustment in the Contract Sum and in the Contract
Time.
7 LUMP-SUM/FIXED PRICE CHANGE ORDERS
A. Content of Change Orders will be based on either:
1. The Proposal Request and the Contractor's
responsive Proposal as mutually agreed between the
Owner and the Contractor.
2. The Contractor's Proposal for a change, as
recommended by the Architect or Construction
Manager.
B. The Owner, Construction Manager and the Architect will
sign and date the Change Order as authorization for the
Contractor to proceed with the changes.
C. The Contractor may slgn and date the Change Order to
indicate agreement with the terms therein.
OS/25/93
CHANGE ORDER PROCEDURES
01028 - 4
8 UNIT PRICE CHANGE ORDER
A. The content of the Change Orders will be based on
either:
1. The definition of the scope of the required
changes.
2.
3.
B. The
1-
2.
The Contractor's Proposal for a change, as
recommended by the Architect, or Construction
Manager.
Survey of completed work.
amounts of the unit prices to be:
Those stated in the Agreement.
Those mutually agreed upon between the Owner,
Architect and the Contractor.
C. When quantities of each of the items affected by the
Change Order be determined prior to start of the Work:
1. The Owner, Construction Manager and the Architect
will sign and date the Change Order as
authorization for the Contractor to proceed with
the changes.
2. The Contractor may sign and date the Change Order
to indicate agreement with the terms therein.
D. When quantities of the items cannot be determined prior
to start of the Work:
1. A Construction Change Directive will be issued
directing the Contractor to proceed with the
change on the basis of unit prices, and will cite
the applicable unit prices.
2. At completion of the change, the cost of such work
will be determined based on the unit prices and
quantities used.
3. The Owner, Construction Manager and the Architect
will sign and date the Change Order to establish
the change in the Contract Sum and in the Contract
Time.
4. The Contractor will sign and date the Change Order
to indicate their agreement with the terms
therein.
9 CORRELATION WITH THE CONTRACTOR'S SUBHITTALS
A. Revise Schedule of Values and Request for Pay~ent forms
monthly to record each change as a separate item of the
Work, and to record the adjusted Contract Sum prior to
submission of Application for Payment.
OS/25/93
CHANGE ORDER PROCEDURES
01028 - 5
B. Revise the Construction Schedule to reflect each change
in the Contract Time prior to monthly submissions.
Revise subschedules to show changes for other items of
work affected by the changes.
C. Upon completion of the Work under a Change Order, enter
pertinent changes in Record Documents.
*********************
END OF SECTION 01028
OS/25/93
CHANGE ORDER PROCEDURES
01028 - 6
SECTION 01200
PROJECT MEETINGS
PART 1 - GENERAL
1 SUMMARY
A. section includes:
1. Project meetings
2 The CONSTRUCTION MANAGER'S RESPONSIBILITY
A. Construction Manager shall schedule and administer pre-
construction meeting, periodic progress meetings, and
specially called meetings throughout progress of the
Work.
1. Prepare agenda for meetings.
2. Provide notice of each meeting four days in
advance of meeting date, or provide as much
advance notice as possible.
3. Make physical arrangements for meetings.
4. Preside at meetings.
5. Record the minutes; include significant
proceedings and decisions.
6. Reproduce and distribute copies of minutes.
a. To participants in the meeting.
b. To parties affected by decisions made at the
meeting.
c. Furnish three copies of minutes to the
Architect.
B. Representatives of the Contractors, subcontractors and
suppliers attending meetings shall be qualified and
authorized to act on behalf of the entity each
represents.
C. The Architect and the Owner's Representative may attend
meetings to ascertain that the Work is expedited
consistent with the Contract Documents and construction
schedules.
3 PRE-CONSTRUCTION MEETING
A. Location: A central Site designated by the
Construction Manager.
OS/25/93
PROJECT MEETINGS
01200 - 1
B. Attendance:
1. The Owner's Representative.
2. The Architect and his professional consultants (as
required) .
3. Construction Manager.
4. The contractor's Superintendent.
5. Major subcontractors.
6. Major suppliers.
7. Others as appropriate.
C. suggested Agenda:
1. Distribution and discussion of:
a. List of major subcontractors and suppliers.
b. Projected Construction Schedules.
2. Critical Work sequencing.
3. Major equipment deliveries and priorities.
4. Project Coordination.
a. Designation of responsible personnel.
5. Procedures and processing of:
a. Field decisions.
b. Proposal requests.
c. Submittals.
d. Change Orders.
e. Applications for Payment.
6. Adequacy of distribution of the Contract
Documents.
7. Procedures for maintaining Record Documents.
8. Use of premises:
a. Office, work and storage areas.
b. The Owner's requirements.
9. Construction facilities, controls and construction
aids.
10. Temporary utilities.
11. Safety and first-aid procedures.
12. Security procedures.
13. Housekeeping procedures.
14. Distribute meeting minutes within (3) days.
4 WEEKLY PROGRESS MEETINGS
A. The Contractor1s Project Manager and/or Superintendent
shall be required to attend a weekly scheduling
meeting.
B. Location of the meetings: Office of the Construction
Manager.
OS/25/93
PROJECT MEETINGS
01200 - 2
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.
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
OS/25/93
PROJECT MEETINGS
01200 - 3
SECTION 01301
SUBMITTALS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Submit to the Construction Manager, shop drawings,
product data, certifications and samples required
by the technical sections.
2. Prepare and submit a separate schedule listing
dates for submission and dates for review.
B. Related sections:
1. Section 00750 - GENERAL CONDITIONS
2. Individual submittals required: refer to each
specific section, for certifications, shop
drawings, product data and sample requirements.
1.2 SUBMITTAL TRANSMITTAL FORM
A. Attached, and made a part of this section 01301, is a
copy of the submittal Transmittal Form, which shall be
filled out by the contractor and submitted with each
and every submittal. Follow the instruction sheet,
also attached, for directions on this procedure. It is
essential that the submittal Transmittal Forms are
filled out in their entirety for the system to function
properly.
B. Transmittal Form, originals for contractors use, will
be supplied by the Construction Manager, and is a 6-
part form.
1.3 SUBMITTAL SCHEDULE
A. The Contractor shall submit within seven (7) days of
award of the Contract a preliminary "Submittal
Schedule" to the Construction Manager for review,
modification and response. No payment applications
will be processed prior to finalizing the submittal
schedule. The "Submittal Schedule" shall contain the
following information:
1. Specification section number and name.
2. Specification section paragraph identification
which describes submittal requirement.
OS/25/93
SUBMITTALS
01301 - 1
3. Submittal information required, (i.e., sample,
test data, shop drawing, etc.).
B. The Contractor shall also supply the following dates in
order to meet the project schedule.
1. Date submittal is scheduled to be submitted and
received by the Construction Manager.
2. Date contractor has scheduled to order material or
equipment or the submittal item.
3. Date contractor has scheduled delivery to job-site
of material or equipment or the submittal item.
4. Add any remarks or unique items that the CM or A/E
should be aware of.
C. The Contractor shall allow a minimum of (2) weeks for
review of submittal by A/E (in calendar days) .
D. The submittal master record will then be used to track
submittals within the process.
1.4 SHOP DRAWINGS
A. Submit legible shop drawings in the form of positive
printing reproducible transparencies, commonly called
sepia prints, suitable for reproduction use on dry
print diazo type machines. Sepia prints which cannot
be reproduced will be returned to the Contractor for
re-submittal.
B. Provide shop drawings as complete submittals (no
partial sets) on original drawings or information
prepared solely by the fabricator or supplier.
Deviation from complete submittals will only be allowed
by pre-arranged method.
C. Do not reproduce the Contract Drawings for shop drawing
submittals.
D. Sheet sizes shall not excee~ 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.
OS/25/93
SUBMITTALS
01301 - 2
3. Names of:
a. The Architect
b. The Construction Manager
c. The Contractor
d. Supplier
e. Manufacturer
4. Identification of product or material.
5. Relation to adjacent structure or materials.
6. Field dimensions, clearly stated as such.
7. Specification Section number.
8. Applicable standards such as ASTM or Federal
Specification.
9. Identification of deviations from Contract
Documents.
10. Reference to construction drawings by drawing
number and/or detain number.
G. Submit sepia prints without folds either as flat sheets
if size permits, or rolled in tubes.
H. The contractor shall submit (2) reproducibles and (4)
blueline or blackline sets to the CM. The CM will
return (1) reproducible to the contractor after
review/return from the A/E.
1.5 PRODUCT DATA
A. Product data such as catalog cuts, brochures or
manufacturer's sheets may be submitted in lieu of sepia
prints if adequately identified. Submit seven copies
of product data to the Construction Manager.
B. Modify product data sheets to delete information which
is not applicable to the Project. Provide additional
information if necessary to supplement standard
information.
C. Product data sheets that are submitted with extraneous
information not deleted and/or modified will be
returned without review to the Contractor for re-
submittal.
D. The contractor shall submit at a minimum, (1) original
and (6) copies to the CM. The CM will return (2)
copies to the contractor after review/return by the
A/E.
OS/25/93
SUBMITTALS
01301 - 3
1.6 SAMPLES
A. Provide samples to illustrate materials, equipment or
workmanship, and to establish standards by which
completed work may be judged.
B. Construct mock-ups as required by the technical
sections, at the Project Site in a location designated
by the Construction Manager. Construct mock-ups,
including adjacent work required, to demonstrate the
final appearance of the Work.
C. The contractor shall submit (3) samples to the CM, and
(1) will be returned to the contractor after
review/return from the A/E.
1.7 CERTIFICATIONS
A. Provide certifications as required by various technical
sections on the Contractor's letterhead stationary.
certifications shall be identified to this Project,
dated and bear Contractor's signature in the same
format used for the Owner/Contractor agreement.
B. Clearly identify the materials referenced and state
that the material and the intended installation
methods, where applicable, are in compliance with the
Contract Documents. Attach manufacturer's affidavits
where applicable.
C. The contractor shall submit (1) original and (6) copies
to the CM. The CM will return (2) sets to the
contractor after review/return from the A/E.
1.8 THE CONTRACTOR'S RESPONSIBILITIES
A. Before making submittals to the Construction Manager,
review each submittal, make changes or notations as
necessary to conform to the Contract Documents,
identify such review with review stamp and forward
reviewed submittal with comments to the Construction
Manager for review. Return submittals not meeting
Contract requirements to subcontractors and do not
forward such submittals to the Construction Manager.
B. Submit catalog sheets, product data, shop drawings and
where specified, submit calculations, material samples,
color chips or charts, test data, warranties and
guarantees all at the same time for each submittal
item.
OS/25/93
SUBMITTALS
01301 - 4
C. Verify field measurements and product catalog numbers
or similar data.
D. Clearly identify on the submittal and transmittal to
the Construction Manager in writing of deviations in
submittals from the requirements of the Contract
Documents.
E. After the Construction Manager's and the Architect's
review, distribute copies with one copy to be
maintained at the Project Site for reference use and
other copies distributed to suppliers and fabricators.
F. Do not begin the Work which requires submittals until
return of submittals with the Construction Manager's
and the Architect's stamp and initials indicating
review.
G. The Contractor's responsibility for errors and
omissions in submittals is not relieved by the
Construction Manager's or the Architect's review of
submittals.
H. The Contractor's responsibility for deviations in
submittals from requirements of the Contract Documents
is not relieved by the Construction Manager's or the
Architect's review of submittals unless the Architect
gives written acceptance of specific deviations.
1.9 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.
OS/25/93
SUBMITTALS
01301 - 5
B. The Architect will make changes or notations directly
on the submittal, identify such review with his review
stamp, obtain and record the Architect file copy and
return the submittal to the Construction Manager.
****************
END OF SECTION 01301
OS/25/93
SUBMITTALS
01301 - 6
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OS/25/93
SUBMITTALS
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SECTION 01310
PROGRESS SCHEDULES
PART 1 - GENERAL
1..1 SUMMARY
A. section includes:
1. Progress schedules
2. Revisions to schedules
B. Related sections:
1. SCOPE OF WORK
C. Description:
1. Progress Schedules:
Promptly after award of the Contract, prepare
and submit to the Construction Manager,
construction progress schedules for the work,
with subschedules of related activities which
are essential to its progress. Also
incorporate manpower loading related to each
activity on the construction schedule.
2. Revisions to Schedule:
Submit revised/updated progress schedules
with each payment application.
1. .2 FORMAT
A. Prepare Progress Schedules as a horizontal bar chart
with separate bar for each major portion of Work or
operation, identifying the first work day of each week.
B. Include numeric manpower loading associated with each
horizontal bar, clearly defined.
C. Scale and spacing: to provide space for notations and
revisions.
D. Sheet size: minimum 8-1/2" x 11".
1. . 3 CONTENT
A. Indicate complete sequence of construction by activity,
with dates for beginning and completion of each element
of construction.
OS/25/93
PROGRESS SCHEDULES
01310 - 1
B. Identify work of separate stages and other logically
grouped activities.
C. Provide sub-schedules to define critical portions of
the entire schedule.
D. Submit separate schedule of submittal dates for shop
drawings, product data, and samples, including the
Owner furnished products and products identified under
allowances and dates reviewed submittals will be
required from the Architect. Reference section 01301 -
Submittals.
1..4 REVISIONS TO SCHEDULES
A. Indicate progress of each activity to date of
submittal, and projected completion date of each
activity.
B. Identify activities modified since previous submittal,
major changes in scope, and other identifiable changes.
1. Major changes in scope.
2. Activities modified since previous submission.
3. Revised projections of progress and completion.
4. Other identifiable changes.
C. Provide a narrative report as needed to define:
1. Problem areas, anticipated delays and the impact
on the schedule.
2. Corrective action recommended and its effect.
3. The effect of changes on schedules of other prime
contractors.
1..5 SUBMITTALS
A. Submit initial schedules within (3) days after award of
Contract.
1. The Construction Manager will review schedules and
return review copy within ten (10) days after
receipt.
2. If required, re-submit within seven (7) days after
return of review copy.
3. Submit revised Progress Schedules with each
Application for Payment.
1..6 DISTRIBUTION
A. Distribute copies of the reviewed schedules to:
1. Job site file.
2. Subcontractors.
OS/25/93
PROGRESS SCHEDULES
01310 - 2
3. Other concerned parties.
B. Instruct recipients to report promptly to the
Contractor, in writing, any problems anticipated by the
projections shown in the schedules.
Note: It is not incumbent upon the Construction Manager
to notify the Trade Contractor when to begin, to
cease, or to resume work nor to give early notice
of faulty or defective work, nor in any way to
superintend so as to relieve the Trade Contractor
of responsibility or of any consequence of neglect
or carelessness.
**************
END OF SECTION 01310
OS/25/93
PROGRESS SCHEDULES
01310 - 3
SECTION 01370
SCHEDULE OF VALUES
PART 1 - GENERAL
1..1 SUMMARY
A. Section includes:
1. Schedule of Values allocated to the various
portions of the Work, submitted within three (3)
days after award of the Contract.
2. Upon request of the Construction Manager, support
the values with data which will substantiate their
correctness.
3. The Schedule of Values, unless objected to by the
Construction Manager, forms the basis for the
Contractor's Applications for Payment.
1..2 FORM AND CONTENT OF SCHEDULE OF VALUES
A. Type schedule on AlA G703 Form; the Contractor's
standard forms and automated printout will be
considered by the Construction Manager upon the
Contractor's request. Identify schedule with:
1. Title of Project and location.
2. The Architect and Construction Manager.
3. Name and Address of the Contractor.
4. Contract designation.
5. Date of submission.
B. List the installed value of the component parts of the
Work (broken down into labor and material and physical
location) in sufficient detail to serve as a basis for
computing values for progress payments during
construction.
C. Follow the Specifications as the format for listing
component items.
1. Identify each line item with the number and title
of the respective major section of the
Specifications.
D. Itemize separate line item cost for each of the
following general cost items:
1. Mobilization.
2. Bonds, Insurance and Permits.
3. General Conditions spread over project duration on
monthly basis.
4. Clean-up.
5. Submittals.
OS/25/93
SCHEDULE OF VALUES
01370 - 1
6. Safety.
E. For each major line item list sub-values of major
products or operations under the item.
2.
the various portions of the Work:
Include a directly proportional amount of the
Contractor's overhead and profit for each item.
For items on which progress payments will be
requested for stored materials, break down the
value into:
a. The cost of the materials, delivered and
unloaded, with taxes paid.
b. The total installed value.
Submit a subschedule for each separate stage of
work specified in section 00300.
F.
For
1.
3.
G. The sum of values listed in the schedule shall equal
the total Contract Sum.
1..3 SUBSCHEDULE OF UNIT MATERIAL VALUES
A. Submit a subschedule of unit costs and quantities for:
1. Products on which progress payments will be
requested for stored products.
B. The form of submittal shall parallel that of the
Schedule of Values, with each item identified the same
as the line item in the Schedule of Values.
C. The unit quantity for bulk materials shall include an
allowance for normal waste.
D. Provide unit values for the materials as follows:
1. Cost of the material, delivered and unloaded at
the Site, with taxes paid.
2. Installation costs, including the Contractor's
overhead and profit.
E. The installed unit value multiplied by the quantity
listed shall equal the cost of that item in the
Schedule of Values.
1..4 REVIEW AND SUBMITTAL
A. After review by Construction Manager, revise and
resubmit schedule (and Schedule of Material Values) as
required.
B. Resubmit revised schedule in same manner.
*************
END OF SECTION 01370
OS/25/93
SCHEDULE OF VALUES
01370 - 2
SECTION 01385
DAILY CONSTRUCTION REPORTS
PART 1 - GENERAL
1..1 SUMMARY
A. Section includes:
1. Requirement for Daily Construction Reports by each
Contractor.
2. Scheduled submission times for Daily Construction
Reports.
1..2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS
A. Daily Construction Reports shall be submitted by each
and every Contractor performing work on the project.
Forms to be used will be furnished by the Construction
Manager. Items to be addressed on the Report are:
1. Title of Project
2. Name of Contractor
3. Date and day of Report information. For example,
you performed work on Thursday, April 18, 1991, so
you would therefore use "Thursday, 4/18/91." This
holds true even if you did not complete filling
out the Report until Friday, 4/19/91.
4. Contract designation.
5. Note any major Shipments received on that
particular day.
6. Note major equipment used that day.
7. Note manpower used, and designate what trades.
For example, if you were the mechanical
contractor, you would also list how many
insulators, pipefitters, etc. that you were also
managing, even if they were subcontractors. In
addition, list the names of the subcontractors
that were on-site that day.
8. Note any deficiencies in your work, and corrective
actions taken to resolve the deficiencies.
9. Note any safety violations discovered, whether or
not caused by your forces.
10. Provide a full description of work performed that
day, and any problems or unusual conditions
discovered.
11. Report is to be signed by the authorized
representative of the contractor, and should the
signature not be legible, print the name of the
signer next to the signature.
OS/25/93
DAILY CONSTRUCTION REPORTS
01385 - 1
1..3 SCHEDULE OF SUBMITTING DAILY REPORTS
A. Daily Reports are to be submitted at the designated
location described in the pre-construction meeting.
Contractors are to submit the original of their report,
and should keep a copy for their records. The
Construction Manager's photocopying facilities are not
to be used in the reproduction for submission of the
reports.
B. Submit Daily Reports no later than 9:00am the day
following the day of the work described in that
particular report. No exceptions to this rule will be
accepted. Should contractor fail to comply with these
instructions, the contractor's payment application for
the following month will be held in abeyance until such
time the contractor properly submits the delinquent
reports.
*************
END OF SECTION 01385
OS/25/93
DAILY CONSTRUCTION REPORTS
01385 - 2
SECTION 01395
DOCUMENT CLARIFICATION REQUESTS (DCR)
PART 1 - GENERAL
1.1 SUMMARY
A. section includes:
1. Notification of Construction Manager in the event
errors, field conflicts, and omissions are found
in the Contract Documents, or clarifications are
necessary.
2. utilization of DCR form.
B. Related Sections:
1. General Conditions Article 2.3
2. General Conditions Article 8.3.2
3. General Conditions Article 12.3
1.2 FORM AND CONTENT OF DOCUMENT CLARIFICATION REPORTS
A. All errors, field conflicts, and omissions in the
Contract Documents shall be brought to the attention of
the Construction Manager immediately. If
clarifications are necessary, the request is to be
conveyed to the CM. The DCR is a tool established to
provide expedient clarifications of contract drawings,
specifications or field conflicts. It is not meant to
be a substitute for good communication.
B. The DCR is not meant for formal notification of extra
work. Reference General Conditions paragraph 8.3.2 and
12.3, when formal correspondence is required for formal
notification of time extensions, and for cost change
notifications.
C. The contractor should propose a solution, and enter on
the form in sufficient detail necessary for the A/E or
CM to confirm the contractor's proposed solution.
D. The contractor is also required to mention all other
trade work which is affected by the problem, and all
trade work which will be affected by the proposed
solution.
OS/25/93
DOCUMENT CLARIFICATION REQUESTS
01395 - 1
1.3 UTILIZATION OF DCR FORM
A. The CM will make available the DCR forms for the
contractors use. Attached is a copy of the DCR form
and the instruction sheet.
*********************
END OF SECTION 01395
OS/25/93
DOCUMENT CLARIFICATION REQUESTS
01395 - 2
DOCUMENT CLARIFICATION REQUEST No.
From: To: Morrison- Knudsen/Gerrits Contract No.
P. O. Box 5283
Key West, FL 33045 Receipt
(305) 292-7845 Logged:
Problem By: DwglSpec No.lRevisionlDetaillSect No.
NE PTOject No.
Civil Structural Architectural Security _ PLB HVAC Electrical Specs .
Subject:
Problem & suggested solution:
1 MKJG Review:
Solution:
Solution tw: ] Date: MK/G: 1 Date:
DCKUl
OS/25/93
DOCUMENT CLARIFICATION REQUESTS
01395 - 3
DOCVloID<T D.AalnCA11OH UQUEST No. (fl'
F_' To, ",-~mu Conuea "0. (~
;~ P. 0. .... S:zA.'
I'n "".... F1. )lOC~ Receipt ~
(3lis)m.1IIoO~ ~,
_.." (:1- - -~...
...c r..a .... 1Ul' (-1
',5 0.0 11.-.... -- ....... ru HVAC .......... "-
- \~ '
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-
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",-"".
A. 8y Contractor:
.. from: The OCR wl~l al....ys be ::0. the prlae cont.ract.or.
Subcontractors to the pr 1.. contractor shall s\Lb.l t OCR'.
tbroU9h their pri.e contractor.
2.
Preble. By: TIIis
contractor. or
repres.ntativ.,
repr...ntatlv..
can be th. subcontractor, or th. pri..
th. .stablished prl" contrsctor
or the established subcontractor
3_ Contract No.: This is the approved contract, contract
number.
.. orawinq No.: Here insert as .uch intorsation as possible
to describe the location in the contrect docu.ents ot the
particular proble. you ar. asltinq claritication. Include
revision level ot drewinqs, and date. Include detail
nu.bers, include .ection numbers, include speciticetion
section nUabers, pareqreph locations, all as applicable.
5. civil, Structural, etc.: Here note the particular
division ot work the OCR applies to.
6. Subject: Here insert brier. clear, concise captlon
s\Lbject, which is representative ot proble. area.
,. Proble.. , suqq.sted Solution: Describe in es .uch detail
as necessary, the proble. to which claritication is
needed. It sdditional space is needed, add extra sheets
to back, and reterence attach.ents in this ares no, ,.
Draw sketches it necessary. Malte photocopy ot particular
drawinq detail and attach it necessary.
B. By Morrison-Knudsen/Gerrits:
8. OCR No.: Numbers will be assiqned as tollows:
xx-
Project
xxx-
Contractor No.
XXX
Sequential No.
for instance, the first OCR from the contractor ot
Contract No. 001 on the New Detention Facility, would be:
)(.J-001-00l
^s another exaaple: The seventh consecutive OCR loqqed
on the New Detention Facility, was received tro. the
contractor ot Contract No. 005, would be:
)(.J-005-00'
9. Receipt Loqqed: This will be the date received by the
CM troa the contractor, and will serve as the reterence
date.
10. ^/E Project No.: The A/E's project number will be
inserted here, where and when applicable.
11. MK/G Review: This will be the siqnature or initials ot
the Constn.>ction Manaqer, upon review of the problea,
with the date of siqn-ott.
12. MK/G Review: This will be the siqnature or initials of
the Construction Manaqer, upon review ot the solution.
13. Oat.: This will be the date of MK/G review and siqn-
ott.
C. By ^rchitect/Enqineer:
14. Solution: The AlE will here lnsert the solution to the
problem, or answer in some other fashion the
claritication beinq requested. The AlE ..ay herein
confirm the contractor's proposed solution.
15. Solution By: The entlty providinq the solution is to
siqn here. This .ay be the Construction Manaqer when
particular clarifications are beinq requested that can
be answered by the CM. Othennse. it will be the AI E
representative.
16. Date: This will be the date cf slqn-otf, or answerinq
the OCR by the AlE.
D. Part-By-Part Distribution of 6-part OCR FOrK:
a. When the contractor sub.ats OCR. he will retain Goldenrod
copy.
b. When received by the contractor, C"l. will retain ~
copy.
c. The OCR then is s~bmItted to the AlE. Once answered, the
AlE returns to CM, b~t retaIns Can~~i copy.
d. QtiI rev iews ansW'er I ar:d se;:ds C....een copy back tc
contra.:-'::cr. eM .'lli :-r:!'ta:7". orlc:,,-a: "rihite copy fo:-
officEc ~l~es, and ~ ::::::py .':1: q:: t:::: the Job-slte.
OS/25/93
01395
4
DOCUMENT CLARIFICATION REQUESTS
SECTION 01520
CONSTRUCTION AIDS
PART 1 - GENERAL
1.1 SUMMARY
A. section includes:
1. Construction aids
2. Temporary enclosures
1.2 REQUIREMENTS OF REGULATORY AGENCIES
B. Comply with Federal, State and local codes and
regulations.
PART 2 - PRODUCTS
2..1 MATERIALS - GENERAL
A. Materials may be new or used, suitable for the intended
use and shall not violate requirements of applicable
codes and standards.
2..2 CONSTRUCTION AIDS
A. The Contractor shall be responsible for furnishing,
installing, maintaining, and removing on completion of
the Work all scaffolds, staging, ladders, stairs,
ramps, runways, platforms, railings, chutes, and other
such facilities and equipment required by his personnel
to insure their safety and facilitate the execution of
the Work.
1. The Contractor shall comply with all Federal,
State and local codes, laws and regulations
governing such construction aids.
2. The Contractor shall relocate such construction
aids as required by the progress of construction,
by storage or work requirements, and to
accommodate the legitimate requirements of the
Owner or Construction Manager or other separate
contractors employed at the site.
3. The Contractor shall completely remove temporary
scaffolds, access, platforms, and other such
~aterials! facilities, 3nd equipmen~, at the
OS/25/93
CONSTRUCTION AIDS
01520 - 1
completion of the Work or when construction needs
can be met by the use of the permanent
construction, provided the Construction Manager
has approved and authorized such use. The
Contractor shall clean up and shall repair any
damage caused by the installation or by the use of
such temporary construction aids. The Contractor
shall restore any permanent facilities used for
temporary purposes to their specified condition.
The foregoing obligations of the Contractor are in addition
to his obligations under Article 10 of the General
Conditions.
2..3 TEMPORARY ENCLOSURES
A. The Contractor responsible for installing the permanent
closure in an opening in an exterior wall shall be
responsible for installing, maintaining, and removing,
as the Work progresses, a temporary weather-tight
enclosure for that opening as necessary to provide
acceptable working conditions, to provide weather
protection for interior materials, to allow for
effective temporary heating, and to prevent entry of
unauthorized persons.
1. The Contractor shall install such temporary
enclosures as soon as is practical after the
opening is constructed or as directed by the
Construction Manager.
2. Temporary enclosures shall be removable as
necessary for the Work and for handling of
materials.
3. Temporary enclosures shall be completely removed
when construction needs can be met by the use of
the permanent closures.
4. The Contractor responsible for providing,
maintaining, and removing the temporary enclosure
shall clean and shall repair any damage caused by
the installation of such enclosure.
5. The Contractor shall remain responsible for
insuring that his work, material, equipment,
supplies, tools, machinery, and construction
equipment is adequately protected from damage or
theft and shall provide, maintain and remove such
additional temporary enclosures as may be deemed
necessary.
The foregoing obligations of the Contractor are in addition to
his obligations under Article 10 of the General Conditions.
**************************
....-..."'!"' .......,........ r...,....,.-.'"T'Tr-"....~ ,~.,~.-.,.~
.t...l'iU '.....:t OL\........1.l.Vl'~ \J..L:_jo.:....U
OS/25/93
CONSTRUCTION AIDS
01520 - 2
SECTION 01580
PROJECT IDENTIFICATION AND SIGNS
A project sign is not required for this contract.
********************
END OF SECTION 01580
OS/25/93
PROJECT IDENTIFICATION AND SIGNS
01580 - 1
SECTION 01590
FIELD OFFICES AND SHEDS
A. The Contractor, if he deems it necessary, may furnish,
install, and maintain a temporary field office for his
use and the use of his employees during the
construction period.
B. The Contractor shall furnish, install, and maintain
temporary storage and work sheds to adequately protect
his work, materials, equipment, supplies, tools,
machinery, and construction equipment from damage and
theft.
C. The Contractor shall arrange his field office and sheds
so as not to interfere with the construction. The
locations of field offices and sheds shall be
coordinated with the Construction Manager. The type,
size and location of field offices and sheds is subject
to approval by the Construction Manager.
D. The Contractor shall arrange and pay for temporary
electricity and telephone service for his field office
and sheds, if he should require such services.
E. The Contractor shall relocate his field office and
sheds as directed by the Construction Manager, at no
additional cost to the Owner or Construction Manager.
F. The Contractor shall completely remove his field office
and sheds on completion of the Work or when directed by
the Construction I1anager. 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
OS/25/93
FIELD OFFICES AND SHEDS
01590 - 1
SECTION 01595
CONSTRUCTION CLEANING
PART 1 - GENERAL
1..1 SUMMARY
A. Section includes:
1. Cleaning during progress of work.
1..2 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with
codes, ordinances, regulations, and anti-pollution
laws.
1. Do not burn or bury rubbish and waste materials on
Project site.
2. Do not dispose of volatile wastes such as mineral
spirits, oil or paint thinner in storm or sanitary
drains.
PART 2 - PRODUCTS
2..1 MATERIALS
A. Use only those cleaning materials which will not create
hazards to health or property and which will not damage
surfaces.
B. Use only those cleaning materials and methods
recommended by manufacturer of the surface material to
be cleaned.
C. Use cleaning materials only on surfaces recommended by
cleaning material manufacturer.
D. Sweeping compounds used in cleaning operations shall
leave no residue on concrete floor surfaces that may
affect installation of finish flooring materials.
PART 3 - EXECUTION
3..1 DURING CONSTRUCTION
A. Execute cleaning to keep the Work, the site and
adjacent properties free from accumulations of waste
rnate~ials, rubbish and windblown debris, ~esulting f~an
OS/25/93
CONSTRUCTION CLEANING
01595 - 1
construction operations.
B. Provide on-site containers for the collection of waste
materials, debris, and rubbish.
C. The Owner shall dispose of waste materials, debris and
rubbish collected in site trash containers off the
site.
D. Trash containers shall be provided by Owner 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
OS/25/93
CONSTRLCTION CLEANING
01595 - 2
SECTION 01600
MATERIAL AND EQUIPMENT
PART 1 - GENERAL
1..1 SUMMARY
A. Section includes:
1. Products
2. Transportation and handling
3. storage and protection
4. Security
1..2 PRODUCTS
A. Products: means new material, machinery, components,
equipment, fixtures, and systems forming the Work.
Does not include machinery and equipment used for
preparation, fabrication, conveying and erection of the
Work. Products may also include existing materials or
components required for reuse.
B. Do not use materials and equipment removed from
existing premises, except as specifically permitted by
the Contract Documents.
C. Provide interchangeable components of the same
manufacturer, for similar components.
1..3 TRANSPORTATION AND HANDLING
A. The Contractor shall be responsible for the
transportation of all materials and equipment furnished
under this contract. Unless otherwise noted, the
Contractor shall also be responsible for loading,
receiving and off-loading at the site all material and
equipment installed under this Contract, whether
furnished by the Contractor or the Owner. The
Contractor shall be responsible for coordinating the
installation within the buildings of equipment that is
too large to pass through finished openings.
B. Transport and handle products in accordance with
manufacturer's instructions.
C. Promptly inspect shipments to assure that products
comply ~ith requi~ements, quantitiEs are correct, an3
OS/25/93
MATERIAL AND EQUIPMENT
01600 - 1
products are undamaged.
D. Provide equipment and personnel to handle products by
methods to prevent soiling, disfigurement, or damage.
1..4 STORAGE AND PROTECTION
The Contractor shall be responsible for the proper storage
of all materials, supplies, and equipment to be installed
under this Contract. Materials stored on site but not
adequately protected will not be included in estimates for
payment. Except for materials stored within designated and
approved storage sheds, vans, or trailers, the Contractor
shall not bring onto nor store in any manner at the site any
materials and equipment which will not be incorporated into
the permanent Work within seven (7) days from the delivery
date. The Contractor shall be responsible for arranging and
paying for the use of property off the site for storage of
materials and equipment as may be required.
1..5 SECURITY
A. The Contractor shall be totally responsible for the
security of his work, materials, equipment, supplies,
tools, machinery, and construction equipment.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
*************
END OF SECTION 01600
OS/25/93
MATERIAL AND EQUIPMENT
01600 - 2
SECTION 01630
POST-BID SUBSTITUTIONS
PART 1 - GENERAL
1.1 SUMMARY
A. section includes:
1. Post-bid substitutions
1.2 SUBSTITUTIONS
A. Base Bid shall be in accordance with the Contract
Documents.
B. After the end of the bidding period, substitution
requests will be considered only in the case of:
1. Product unavailability
2. Other conditions beyond the control of the
Contractor.
C. Submit a separate request for each substitution.
Support each request with the following information:
1. Complete data substantiating compliance of
proposed substitution with requirements stated in
Contract Documents:
a. Product identification, including
manufacturer's name and address.
b. Manufacturer's literature, identifying:
1) Product description.
2) Reference standards.
3) Performance and test data.
c. Samples, as applicable.
d. Name and address of similar projects on which
product has been used and date of each
installation.
2. Itemized comparison of the proposed substitution
with product specified, listing significant
variations.
3. Data relating to changes in construction schedule.
4. Effects of substitution on separate contracts.
5. List of changes required in other work or
products.
6. Accurate cost data comparing proposed substitution
with product specified.
a. Amount of net change to Contract Sun.
7. Designation of required lice~se fees or ~oyalties.
OS/25/93
POST-BID SUBSTITUTIONS
01630 - 1
8. Designation of availability of maintenance
services, sources of replacement materials.
D. Substitutions will not be considered for acceptance
when:
1. A substitution is indicated or implied on shop
drawings or product data submittals without a
formal request from Bidder.
2. Acceptance will require substantial revision of
Contract Documents.
3. In judgement of Architect the substitution request
does not include adequate information necessary
for a complete evaluation.
4. Requested directly by a subcontractor or supplier.
E. Do not order or install substitute products without
written acceptance of Architect/Engineer.
F. Architect will determine acceptability of proposed
substitutions.
G. No verbal or written approvals other than by Change
Order will be valid.
1..3 CONTRACTOR'S REPRESENTATION
A. In making formal request for substitution the
contractor represents that:
1. The proposed product has been investigated and it
has been determined that it is equivalent to or
superior in all respects to the product specified.
2. The same warranties or bonds will be provided for
the substitute product as for the product
specified.
3. Coordination and installation of the accepted
substitution into the Work will be accomplished
and changes as may be required for the Work to be
complete will be accomplished.
4. Claims for additional costs caused by substitution
which may subsequently become apparent will be
waived by the Contractor.
5. Complete cost data is attached and includes
related costs under the Contract, but not:
a. Costs under separate contracts.
b. Architect's costs for redesign or revision of
Contract Documents.
1..4 POST-BID SUBSTITUTION FORM
A. The forn is attached to this secticn.
OS/25/93
POST-BID SUBSTITUTIC~S
01630 - 2
B. Substitutions will be considered only when the attached
form is completed and included with the submittal with
back-up data.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
OS/25/93
POST-BID SUBSTITUTIONS
01630 - 3
TO: Project Architect
We hereby submit for your consideration the following product instea~
of the specified item for the above project:
DRAWING NO.
DRAWING NAME
SPEC. SEC.
SPEC. NAME
PARAGRAPH
SPECIFIED ITEM
Proposed Substitution:
Attach complete information on changes to Drawings and/or
Specifications which proposed substitution will require for its proper
installation.
Submit with request necessary samples and substantiating data to prove
equal quality and performance to that which is specified. Clearly mark
manufacturer's literature to indicate equality in performance.
The undersigned certifies that the function, appearance and quality are
of equal performance and assumes liability for equal performance, equal
design and compatibility with adjacent materials.
Submitted By:
signature
Title
Firm
Address
Telephone
Date
signature shall be by person having authority to legally bind his firm
to the above terms. Failure to provide legally binding signature will
result in retraction of approval.
For use by the Architect:
____Recommended ____Recommended as noted
For use by the Owner:
____Approved
____Not Recommended
Received too late
____Not Approved
Insufficient data received
____Approved as noted
By
Bv
Date
Date
~,,-.... C' '"'r _ 'C ~........ '-.-.... ;'" D C''-''-' ....,.... ,--- r - - ....... "........ -.---
Fill In Blanks Below:
A. Does the substitution affect dimensions shown on Drawings?
Yes
No
If yes, clearly indicate changes.
B. will the undersigned pay for changes to the building design,
including engineering and detailing costs caused by the requested
substitution?
Yes
No
If no, fully explain:
C. What effect does substitution have on other Contracts or other
trades?
D. What effect does substitution have on construction schedule?
E. Manufacturer's warranties of the proposed and specified items are:
Same
Different.
Explain:
F. Reason for Request:
G. Itemized comparison of specified item(s) with the proposed
substitution: list significant variations:
H. This substitution will amount to a credit or extra cost to the
Owner of: dollars ($
-) .
I. Designation of maintenance serVlces and sources:
(Attach additional sheets if required.)
****************
EllD OF DOCl.':v'IENT 0115::0
SECTION 01650
STARTING OF SYSTEMS
PART 1 - GENERAL
1..1 SUMMARY
A. section includes:
1. starting systems
2. Demonstration and instructions
3. Testing, adjusting, and balancing
B. Related sections:
1. SECTION 01700 - CONTRACT CLOSEOUT
1..2 STARTING SYSTEMS
A. Coordinate schedule for start-up of various equipment
and systems.
B. Notify the Construction Manager seven days prior to
start-up of each item.
C. Verify that each piece of equipment or system has been
checked for proper lubrication, drive rotation, belt
tension, control sequence, or other conditions which
may cause damage.
D. Verify that tests, meter readings, and specified
electrical characteristics agree with those required by
the equipment or system manufacturer.
E. Verify wiring and support components for equipment are
complete and tested.
F. Execute start-up under supervision of responsible
manufacturer's representative in accordance with
manufacturer's instructions.
G. Execute start-up under supervision of the responsible
Contractors' personnel in accordance with
manufacturer's instructions.
H. When specified in individual Specification Sections,
require manufacturer to provide authorized
representative to be present at the site to inspect,
check and approve equipment or system installation
prior to start-up, and to supervise placing equipment
or system in operation.
I. Submit a certified written report that equipment or
system has been properly installed and is functioning
correctly.
OS/25/93
STARTING OF SYSTEMS
01650 - 1
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
**************
END OF SECTION 01650
OS/25/93
STARTING OF SYSTEMS
01650 - 2
SECTION 01670
SYSTEES DEMONSTRATIONS
PART 1 - GENERAL
1..1 SUMMARY
A. section includes:
1. Procedures for demonstration of equipment
operation and instruction of the Owner's
personnel.
1..2 QUALITY ASSURANCE
A. When specified in individual Sections, provide
manufacturer's authorized representative to demonstrate
operation of equipment and systems, instruct the
Owner's personnel and provide written report that
demonstrations and instructions have been completed.
B. The Owner will provide list of personnel to receive
instructions, and will coordinate their attendance at
agreed-upon times.
1. . 3 SUBMITTALS
A. Submit preliminary schedule for the Owner's approval,
listing times and date for demonstration of each item
of equipment and each system, two weeks prior to
proposed dates.
B. Provide operating and maintenance manuals to owner (4)
weeks prior to demonstrations.
C. Submit reports within one week after completion of
demonstrations, that demonstrations and instructions
have been satisfactorily completed. Give time and date
of each demonstration, and hours devoted to
demonstration, with a list of persons present.
PART 2 - PRODUCTS
NOT USED
OS/25/93
SYSTE:1S DEMONSTRATIONS
01670 - 1
PART 3 - EXECUTION
3..1 PREPARATION
A. Verify equipment has been inspected and put into
operation; testing, adjusting, and balancing has been
performed; and equipment and systems are fully
operational.
B. Have copies of completed operation and maintenance
manuals at hand for use in demonstrations and
instructions.
3..2 DEMONSTRATION AND INSTRUCTIONS
A. Demonstrate operation and maintenance of equipment and
systems to the Owner's personnel two weeks prior to
date of final inspection. For equipment requiring
seasonal operation, per ~rm instructions for other
seasons within six montES.
B. Use operation and maintenance manuals as basis of
instruction. Review contents of manual ~ith personnel
in detail to explain aspects of operation and
maintenance.
C. Demonstrate start-up, operation, control, adjustment,
maintenance, servicing, trouble-shooting and shutdown
of each item of equipment at agreed-upon times, at
designated location.
D. Prepare and insert additional data in operations and
maintenance manuals when need for additional data
becomes apparent during instructions.
3..3 TIME ALLOCATED FOR I~STRUCTIONS
A. The amount of time required for instruction on each
item of equipment and system is specified in individual
sections.
**************
END OF SECTION 01670
OS/25/93
SYSTEMS DEMONSTRATIONS
01670 - 2
SECTION 01700
CONTRACT CLOSEOUT
PART 1 - GENERAL
1..1 SUMMARY
A. Section includes:
1. Closeout procedures
2. Adjusting
B. Related sections:
1. SECTION 01027 - APPLICATION FOR PAYMENT
2. SECTION 01650 - STARTING OF SYSTEMS
3. SECTION 01730 - OPERATION AND MAINTENANCE DATA
1..2 PROJECT TERMINATION
A. The Contract requirements are ~et 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 sys~eD
6) Security systen
OS/25/93
CONTRACT CLOSEOUT
01700 - 1
B. Within a reasonable time after receipt of such notice,
the Architect, the Construction Manager, the
Contractor,and the Owner, will make an observation to
determine the status of completion.
C. Should the work be determined to not be substantially
complete the following will occur:
1. The Construction Manager will promptly notify the
Contractor in writing, giving the reasons.
2. The Contractor shall remedy the deficiencies in
the Work, and send a second written notice of
substantial completion.
3. The Work will be re-observed.
D. When the Work is considered substantially complete, the
following will occur:
1. The Construction Manager will prepare a
certificate of Substantial Completion on AlA Form
G704, accompanied by the Contractor's Punch List
of items to be completed or corrected, as verified
and amended. Contract responsibilities are not
altered by inclusion or omission of required Work
from the punch list.
2. The certificate will be executed by all parties
and distribution made.
E. Complete or correct items identified on the punch list
and required by the Contract requirements within time
limit established by the certificate.
1..4 FINAL COMPLETION
A. To attain final completion, the Contractor shall
conplete activities pertaining to substantial
completion, complete Work on punch list items and
submit written request to the Construction Manager for
final inspection.
B. When the Work is complete, the Contractor shall submit
written certification that:
1. The Contract Documents have been reviewed.
2. Work has been inspected for compliance with the
Contract Documents.
3. \~ork has been completed ln accordance with the
Contract Documents.
4. Equipment and systems have been tested in the
presence of the Owner's representative and are
operational.
5. Work is completed and ready for final observation.
C. T~~ ;'.rchitect:, the CO:ls-:.r'J.c::~::;" :.:anager, the Cc::tractcr
OS/25/93
CONTRACT CLOSEOUT
01700 - 2
. I .
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:
01720.
to requirements of SECTION
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:
of individual sections.
to requirements
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 adjustnents 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 reinspec~ion pay~ents
OS/25/93
CONTRACT CLOSEOUT
01700 - 3
3 .
4 .
h. Other adjustments
Total Contract Sum, as adjusted
Previous payments
Sum remaining due
~
~ .
C. The Construction Manager will prepare a final Change
Order, reflecting adjustments to the Contract Sum which
were not previously made by Change Orders.
1..7 FINAL APPLICATION FOR PAYMENT
A. The Contractor shall submit the final Application for
Payment in accordance with procedures and requirements
stated in the Conditions of the Contract.
PART 2 - PRODUCTS
Not used
PART 3 - EXECUTION
Not used
*****************
END OF SECTION 01700
OS/25/93
CONTRACT CLOS~OC~
01700 - ~
SECTION 01710
FINAL CLEANING
PART 1 - GENERAL
1..1 SUMMARY
A. section includes:
1. Cleaning at completion of Work
1..2 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with
codes, ordinances, regulations, and anti-pollution
laws.
1. Do not burn or bury rubbish and waste materials on
the Project site.
2. Do not dispose of volatile wastes such as mineral
spirits, oil or paint thinner in storm or sanitary
drains.
PART 2 - PRODUCTS
2..1 MATERIALS
A. Use only those cleaning materials which will not create
hazards to health or property and which will not damage
surfaces.
B. Use only those cleaning materials and methods
recommended by manufacturer on the surface material to
be cleaned.
C. Use cleaning materials only on surfaces recommended by
cleaning material manufacturer.
PART 3 - EXECUTION
3..1 DUST CONTROL
A. Handle materials in a controlled manner with as little
handling as possible.
3..2 FINAL CLEANING
A. Employ skilled workmen for final cleaning.
B. Remove grease, ~astic, adhesives, d~st, dirt, stains,
OS/25/93
FINAL CLEANING
01710 - 1
fingerprints, labels, and other foreign materials from
sight-exposed interior and exterior surfaces.
C. Wash and shine glazing and mirrors.
D. Polish glossy surfaces to a clear shine.
E. Dust cabinetwork and remove markings.
F. Vacuum as needed.
G.
Broom clean exterior paved surfaces;
surfaces of the grounds.
rake clean other
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. Remove temporary labels and stickers from fixtures and
equipment. Do not remove permanent name plates,
equipment model numbers and ratings.
K. Remove from the site all facilities of items installed
or used for temporary purposes during construction.
L. Restore all adjoining areas to their original or
specified condition.
****************
END OF SECTION 01710
OS/25/93
?INAL CLEANIl:C
'::1710 - 2
SECTION 01720
PROJECT RECORD DOCUMENTS
PART 1 - GENERAL
1..1 SUMMARY
A. section includes:
1. Maintain at the job site one copy of:
a. Record Contract Drawings
b. Record Project Manual
c. Coordination drawings
d. Addenda
e. Reviewed shop drawings
f. Change Orders
g. other modifications to the Contract
h. Field test records
1. . 2 GENERAL
A. store documents in cabinets in temporary field office,
apart from documents used for construction.
B. Maintain documents in clean, dry, legible condition.
C. Do not use Project Record Documents for construction
purposes.
D. Make documents available for inspection by the
Construction Manager, the Architect and the Owner.
E. Failure to maintain documents up-to-date will be cause
for withholding payments.
F. Obtain from the Construction Manager (at no charge) two
sets of the Contract Documents for Project Record
Documents including:
1. Specifications with all addenda.
2. Two complete sets of blackline prints of all
Drawings.
1. . 3 RECORDING
A. Label each document 11 proj ect Record I' .
B. Keep record documents current.
OS/25/93
PROJECT RECORD DOCUMENTS
01"720 - 1
C. Do not permanently conceal any work until required
information has been recorded.
D. Contract Drawings:
1. Required information may, as an option, be entered
on a "working setll and then at completion of
Project transfer the information to final
submitted IIproject Recordll set.
2. Legibly mark to record actual construction:
a. Depths of various elements of foundation In
relation to survey data.
b. Horizontal and vertical location of
underground utilities and appurtenances
referenced to permanent surface improvements.
c. Location of internal utilities and
appurtenances concealed in construction
referenced to visible and accessible features
of structure.
d. Field changes of dimension and detail.
e. Changes made by Change Order or Construction
Change Directive.
f. Details not on original Contract Drawings.
E. Specifications and Addenda:
1. Legibly mark up each Section to record:
a. Manufacturer, trade name, catalog number and
supplier of each product and item of
equipment actually installed.
b. Changes made by Change Order or Construction
Change Directive.
c. Other items not originally specified.
F. Conversion of schematic layouts:
1. Arrangement of conduits, circuits, piping, ducts
and similar items are in most cases shown
schematically on the Drawings.
2. Legibly mark to record actual construction:
a. Dimensions accurate to within 111 on the
centerline of items shown schematically.
b. Identify each item, for example, IIcast iron
drainll IIgalvanized waterll.
c. Identify location of each item, for example,
lIunder slabll, lIin ceiling plenumll, lIexposedll.
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 ~anger in ~riting.
OS/25/93
PROJECT RECORD DOCL'T.:E::TS
J1720 - 2
1..4 SUBMITTAL
A. At completion of Project, deliver Project Record
Documents to the Construction Manager prior to request
for final payment.
B. Accompany submittal with transmittal letter, in
duplicate, containing:
1. Date
2. Project title and Architect's Project number
3. The Contractor's name and address
4. Title and number of each record document
5. certification that each document as submitted is
complete and accurate.
6. signature of the Contractor, or his authorized
representative.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
***************
END OF SECTION 01720
OS/25/93
PROJECT RECORD DOCUMENTS
01720 - 3
SECTION 01730
OPERATION AND MAINTENANCE DATA
PART 1 - GENERAL
1..1 SUMMARY
A. section includes:
1. Format and content of manuals
2. Instruction of the Owner's personnel
3. Schedule of submittals
B. Related sections:
1. SECTION 01301 - SUBMITTALS
2. SECTION 01700 - CONTRACT CLOSEOUT
3. Individual Specifications sections: specific
requirements for operation and maintenance data.
1..2 QUALITY ASSURANCE
A. Prepare instructions and data by personnel experienced
in maintenance and operation of described products.
1. .3 FORMAT
A. Prepare data in the form of an instructional manual.
B. Binders: commercial quality, 8-1/211 x 1111 three-ring
binders with hardback, cleanable, plastic covers; 1-
1/211 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.
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G. Drawings: provide with reinforced punched binder tab.
Bind in with text; fold larger drawings to size of
text pages.
1..4 CONTENTS, EACH VOLUME
A. Table of Contents: provlde 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 ~nd replacement
parts.
C. Product data: mark each sheet to clearly identify
specific products and component parts, and data
applicable to installation. Delete inapplicable
information.
D. Drawings: supplement product data to illustrate
relations of component parts of equipment and systems,
to indicate control and flow diagrams. Do not use the
Project Record Documents as maintenance drawings.
E. Type text: as required to supplement product data.
Provide logical sequence of instructions for each
procedure, incorporating manufacturer's instructions.
F. Warranties and bonds: bind in copy of each.
1..5 MANUAL FOR MATERIALS AND FINISHES
A. Building products, applied materials, and finishes:
include product data, with catalog number, size,
composition, and color and texture designations.
Provide information for re-ordering custom manufactured
products.
B. Instructions for care and maintenance; include
manufacturer's recommendations for cleaning agents and
methods, precautions against detrimental agents and
methods, and recommended schedule for cleaning and
maintenance.
C. Moisture protection and weather exposed products:
include product data listing applicable reference
standards, c~e~ical cc~pcs~ticn, ~nd de~ails 8~
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installation. Provide recommendations for inspections,
maintenance, and repair.
D. Additional requirements; as specified in individual
product specification Sections.
1..6 MANUAL FOR EQUIPMENT AND SYSTEMS
A. Each item of equipment and each system: include
description of unit or system, and component parts.
Identify function, normal operating characteristics,
and limiting conditions. Include performance curves,
with engineering data and tests, and complete
nomenclature and commercial number of replaceable
parts.
B. Panelboard circuit directories: provide electrical
service characteristics, controls and communications.
C. Include color coded wiring diagrams as installed.
D. Operating procedures: include start-up, break-in, and
routine normal operating instructions and sequences.
Include regulation, control, stopping, shut-down, and
emergency instructions. Include summer, winter, and
special operating instructions.
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, ~!ith
color coded piping diagra~s as installed.
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L. Provide charts of valve tag numbers, with location and
function of each valve, keyed to flow and control
diagrams.
M. Provide list of original manufacturer's spare parts,
current prices, and recommended quantities to be
maintained in storage.
N. Include test and balancing reports.
O. Additional requirements: as specified in individual
product specification sections.
P. Provide a listing in Table of Contents for design data,
with tabbed fly sheet and space for insertion of data.
1..7 INSTRUCTION OF THE OhTNER PERSONNEL
A. Before final inspection, instruct the Owner's
designated personnel in operation, adjustment, and
maintenance of products, equipment, and systems, at
agreed upon times.
B. For equipment requiring seasonal operation, perform
instructions for other seasons within six months.
C. Use operation and maintenance manuals as basis for
instruction. Review contents of manual with personnel
in detail to explain all aspects of operation and
maintenance.
D. Prepare and insert additional data in Operation and
Maintenance Manual when need for such data becomes
apparent during instruction.
1..8 SUBMITTALS
A. Submit two copies of preliminary draft or proposed
formats and outlines of contents before start of the
Work. The Construction Manager and Architect will
review draft and return one copy with comments.
B. For equipment, or component parts of equipment put into
service during construction and operated by the Owner,
submit documents within ten days after acceptance.
C. Submit one copy of completed volumes in final form 15
days prior to final inspection. Copy will be returned
after final inspection, with Construction Manager and
Architect comments. Revise content of documents prior
to final sub~ittal.
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D. Submit two copies of revised volumes of data In final
form within ten days after final inspection.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
**************
END OF SECTION 01730
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