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07/25/1994 Agreement New Detention Facility Administrative Offices CONTRACT SJ-001 I. II. III. A. B. C. D. E. F. G. H. A. B. C. D. E. F. G. Form of Agreement Public Construction Bond Certificate of Insurance Table of Contents Scope of Work Milestone Schedule Addenda A. B. C. D. E. Proposal Form, pages 00001-2 through 00001-8, signed by bidder dated June 2, 1994 5% Bid Bond from Fidelity & Deposit Company of Maryland Lobbying and Conflict of Interest Clause Non-Collusion Affidavit Sworn Statement on Public Entity Crimes General Conditions Supplementary Conditions Contractor's Affidavit of Payment of Debts and Claims Contractor's Affidavit of Release of Liens Consent of Surety Company to Final Payment Project Safety & Health Plan Contractor Quality Control Plan General Requirements Application for Payment Project Meetings Submittals Progress Schedules Schedule of Values Daily Construction Report Document Clarification Requests Testing Laboratory Services Temporary Utilities Construction Aids Access Roads and Parking Areas Temporary Controls Field Offices and Sheds Construction Cleaning Material and Equipment Post-Bid Substitutions Starting of Systems Systems Demonstrations Contract Closeout Final Cleaning Project Record Documents Operation and Maintenance Data ,0{ THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A101/CM CONSTRUCTION MANAGEMENT EDITION Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1980 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. This document is intended to be used in conjunction with AlA Documents A201/CM, 1980; B141/CM, 1980; and B801, 1980. AGREEMENT No. SJ-001 made as of the ~ S~" Hundred and ~ - day of ~"""". ~ In the year of Nineteen BETWEEN the Owner: Monroe County Boara of County Commissioners 500 Whitehead Street Key West, FL 33040 and the Contractor: the Project: D.L. Porter Construction, Inc. 1100 Gillespie Avenue Sarasota. FL 34236 (813) 365-1522 New Detention Facillty Offices Bid Package No. 49 the Construction Manager: Morrison Knudsen/Gerrits the Architect: Gonzalez Architects The Owner and the Contractor agree as set forth below. Copyright 1975, @ 1980 by The American Institute of Architects, 1735 New York Avenue. N.W., Washington, D.C. 20006. Re- production of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUMENT A101/CM . OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AIA@ . @1980 . THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A101/CM -1980 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) Bid Package No. 49, New Detention Facility Offices. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on the date as established in the Notice to Proceed, and, subject to authorized adjustments, Substantial Completion of the Work shall be achieved not later than (Here insert any special provisions for liquidated damages relating to failure to complete on time.) the time indicated in Section 00350 Milestone Schedule. AlA DOCUMENT Al0l/CM . OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AIA@ . @1980 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101/CM -1980 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Three Million Five Hundred Fourteen Thousand Dollars................................. $3,514,000.00 The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates and unit prices, as applicable.) 1. Auger Grout Injected Piles - Estimated Quantity 2,400 lineal feet X $30.00/lf $ 72.000.00 2. Contract Work not included in Item 1. 3.442,000.00 3. Total Base Bid (Item #1 + Item #2) $3,514.000.00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Construction Manager by the Contractor and Project Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract Documents for the period ending the Twenty Fi fth (25) . day. of each month as follows: approxlmately Not later than thi rty (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 laborr materials and equipment incorporated in the Work and Ninety percent (90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the Work, a sum sufficient to increase the total payments to One Hundred percent ( 100 %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (II not covered elsewhere in the Contract Documents, here insert any provision lor limiting or reducing the amount retained alter the Work reaches a certain stage 01 completion.) -Paymel'lt!f'd1:te'"ltl'td~l'tl'ttid-'tJflder-Hle- €-ofTtof!le~ 96ettftlefl(;; ~l-~t'~ A~~ ffoMl 4~e-8lt~~I'tH~.fl.u.e.il.+-t-k-e-1'a'te --ente1'e8 ~o&W,-8f..jFl-Hle-@'~@Fl€@-tohef@e+,-!I~ 4~@~.j.~!l~ .p.r~!l+l....~oilot-~ .pItlE@~~4"'@~FO:i€€~. _~Ww.~~~~~~~Q~~~.~M~~ (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places 01 business, the location 01 the Project and elsewhere may affect the validity 01 this provision. Specific legal advice should be obtained with respect to deletion, modification or other requirements such as written disclosures or waivers.) AlA DOCUMENT A101/CM . OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AlAI!!> . @1980 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A101/CM -1980 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and the Architect has issued a Project Certificate for Payment which approves the final payment due the Contractor. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List be/ow the Agreement, the Conditions of the Contract [General, Supplementary and other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternales, showing page or sheet numbers in all cases and dates where applicable.) I. Bidding Documents A. Bid Documents for the New Detention Facility Offices, which include Bidding Documents, Contract Documents, Conditions. Drawings. General Requirements and Technical Specifications. and which are enumerated in the attached Table of Contents, pages 00001-1 through 00001-5, dated March 21, 1994, all as amended by the addenda listed below. B. Addendum No. 1, Dated 4/25/94 Addendum No. 2, Dated 5/5/94 Addendum No. 3. Dated 5/13/94 Addendum No. 4. Dated 5/19/94 Addendum No. 5, Dated 5/26/94 Addendum No. 6. Dated 5/27/94 II. Proposal Documents submitted by A. Proposal Form. pages 00110-2 through 00110-8. signed by Bidder and dated June 2, 1994. B. Bid Security C. Sworn Statement on Public Entity Crimes D. Lobbying and Conflict of Interest Clause E. Non-Collusion Affidavit AlA DOCUMENT Al0l/CM . OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AIA@ . @1980 . THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101/CM -1980 4 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 7.3 Temporary facilities and services: (Here insert temporary lacilities and services which are different Irom or in addition to those included elsewhere in the Contract Documents.) Reference the documents issued for bidding. 7.4 Working Conditions: (Here list any special conditions affecting the Contract.) Reference the documents issued for bidding. ( Sea 1) Attest: Danny L. Kolhage, Clerk of the Courts "Approved as to Form and Legal Sufficiency" By: ~~ O~-~S ~. ~~~ BY'~~e - ~" Date: -=-- - ~ Date: OWNER This Agreement entered into as of the day and year first written above. --:11 CONTRACTOR D.L. Porter Construction, Inc. By: C. ~O_~.A Its: VIC.E' PIZ.e$'C\~r rJIJ 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 DOCUMENT A101/CM . OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AIA@ . @1980 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101/CM -1980 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE. BAl TlMORE. MO KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. a corporation of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS. Assistant Secretary. in pursuance of authority granted by Article VI. Section 2. of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof. does hereby nominate. constitute and appoint J. Raymond Bouchard, Richard E. Bouchard, Michael D. Hamby, Wanda A. McKay, Delores B. Moore and Tim A. Bouchard, all of Clearwater Florida, EACH.............................................. ' I S rue an aw agen an orneY-In- ac, 0 m e, execute. sea elver, or, n Its a as surety. an as Its act and deed: any and all bonds and undertakings........ ~...... ~......................... n e execution of such bonds or undertakings in pursuanc amply. to all intents and purposes. as if they had been duly e at its office in Baltimore, Md.. in their own proper perso behalf of Roger O. Bouchard, eta1, The said Assistant Secretary does hereby certify th 2. of the By-Laws of said Company, and is now . IN WITNESS WHEREOF, the said Vice-Presi Corporate Seal of the said FIDEUTY AND D _______ F~_~.E..':lary___. A.D. 192J__ () ~ FIDEL A~O II be as binding upon said Company, as fully and ged by the regularly elected officers of the Company f attorney revokes that issued on , Au 6, 1988. e. tract se:~ the reverse side hereof is a true copy of Article VI, Section d AssislllO..~retary have hereunto subscribed their names and affixed the COMPA~~ MARYLAND. this______??..!h______________________day of DE~MPANY OF :flAND~~~ STAn: OF MARYLAND ~ ~ COI.:Nn' OF BALTIMORE ~ ss: ~ On thIL_1.2_t.l!__day of_ Feb.IJJ_a.O_~ A.D. 19..9.1_. before the subscriber. a Notary Public of the State of Maryland. duly commissioned and qualified. came C. M. PECOT. JR.. Vice-President and C. W. ROBBINS. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 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 each for himself deposeth and saith. that they are the said officers of the Company aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company. and that the said 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. N TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal the day and year first above wrinen, CAROL J. FAD~ ~ ~--N;;~.-p-;';'i;; My Commission ExpireL___________A-'!gR~LJ.....J_~__________ CERTmCATE 1. the undersigned. Assistant Secretary of the FIDEUTY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Anorney 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 Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI. Section 2. of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July. 1969, RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company. whether made heretofore or hereafter. wherever appearing upon a certified copy of any power of anorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed," IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seal of the said Company. this ____________ day oCnn_______________n____________________, 19___. 1I421k -031-4128 --~----~~~,;;;;;,;-s;;_;;;;.;:-- F&D 1041 " .~ . ~ ,.-t PUBLIC CONSTRUCTION BOND BY THIS BONn. We D. L. PORTER CONSTRUCTION. DfC. , as Principal and FIDELITY & DEPOSIT COMPANY OF MARYLAND , a' corporation, as Surety, are bound to MONROE COUNTY BOARD OF COUNTY COHMISSIONERS , herein called Owner, in the sum of $ 3.514.000.00 for payment of which we bind ourselves, or heira, personal representatives, suocessors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Pert~;-ms the contract dated ...J:.a_ d-'5, (July 25, lQQ4) , 19~, betWGlliln Principal ant~ for construction of BID PKG. NO. 49. NEW DETENTION FACILITY OFFICES I 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 suppliea, used directly or indirectly by Principal in the prosecution of the work provided for in the contract. and; 3. Pays OWne~ 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 tormalities connected with the contract or the chanqas does not affect Surety's obligation under this bond. DATE ON July 25, , 19 94. /"".--- --., BY ) / /' (A ,/ FIDELITY & DEPOSIT COMPANY OF MARYLAND (NAME OF SURETY) 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 16 ... , :~ AtMtllIL ~. ..'.. .~, ~..,,, .'.liIOIii(i/liilli"" ~........'" ROGER IOUCHARD INSURANCE 101 St.rcr.st Dr. PO lox 1010 CLEARWATER. FL 3411. CONFERS NO RIGHTS UPON THE CERTFICA TE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 8V THE POLICES BELOW. C()M)ANIE$ AFFORO~G COVERAGE '13-441-1481 COIoPANV a LETTER " COlPANV B LET TER D. L. Port.r Construction. Inc 1100 Gill.spi. Av.. S.r.sot. COIoPANV C LETTER AI'I'PMO BV RISK MANAGEMENT pre ffif~NV D FL 34231 THS IS TO CERTFY THAT nEPOLICIES OFNSURANCE LISTED BELOW HAVE BEEN ISSUE I'E A IE POLICY PERIOD INDICA TED. NOTWITH$T AN)NG ANY REOt.Jl9.1ENT. TEIII.4 OR COfOTION OF ANY CONTRACT OR OTIER OOCLMENT WITH RESPECT TO WHCH THS CERTFICA TE MAY BE ISSUED OR MAY PERT AN. TIE NSURANCE AFFORDED BY TIE POLICIES DESCRIBED IEREN IS SUB.ECT TO ALL TIE TEIII.4S. EXCLUSIONS At.() emOTIONS OF SUCH POLICIES. LMTS SHOWNMAY HAVE BEEN REDUCED BY PAO ClAMS. 00 L TWl:CIP ....... PClUO' NU.-a POLIO' II"I"IOTlft POLIO' OPal DAT2 (1IM/lDIVY) DAT2 (1AUlDIYV) LIWl'IS A X CCJ,MRCIAl 8lNERAl LIABILITY 20441813. ,.,.,., ClUoU MAllE [Jil llCCUII. AGGREGA TE RE I NST A TES lMNER'S & CONTRACTOR'S PIlOT. 1/01114 1/01185 6fNfRAl A66RfllA Tf PRODUCTS-CN/lIP 1.68. PERSONAL & AI'N. INJUIIY EACH llCCURRlNCl FilII 1lAMA6f II. _ lire! MID. EXPENSf II. _ ClMlINED $IN6lE . lMT .,.... UAIlL'" I MlTOMCl8U LIMlL'" AJfI AUTO All OWNED AUTOS $CIlEIlUl.fD AUTOS tlRfD AUTOS NON-lMNED AUTOS 1lAJlA.8l llA8ll1 TY 202.0555 . 1/01114 1'01115 Recei Risk Mgmt. & D'--\O "J- C, i'\ _~.. --L.._ BOOll Y INJUIlY . (Per pe"OI/ BOOllY INJUIIY . !Per aceideIlI I'ROl'fRTY 1lAMA8l . EACH OCCURRENCf . 1000000 1/01114 1/01185 A66REllA Tf . 1000000 INI' (IAL OoaaUAllL'" I X lNBRfllA FOIH OTHfR THAN MRHlA FOIH WOIICD'S 00......'.. aND PR.OY!JlI'L1A11LITY 11280181 . : ~j n ~ 1 ~ ~ ~ j ~ ~ H ~ ;~W ~ WH~ ~~; i; ~~~ j ~ H j ~ ~ ~ ~ ~~; ~ H j ~j j ~j j n i ~ ~ 1 ~; ~;~; ~ 1 ~; ~H ~ ~; ~j STATUTORY lUTS EACH ActlllENT D1SEASE-PQ.ICV lUT DISEASE-EACH EMl'lllYff . '.. .............. .................................... ............. ..... .:::::::::::::::::::::::::::::::::::: . . . OTH!II MW DaClIlPTION CIP ClI'aA'JClNIILOOI'IllNSIWH.... LI .t..1AL m:.. RE: 110 PKG 41. NEW DETENTION FACILITY OFFICES - THE MONROE COUNTY BD OF COUNTY COMMISSIONERS. IT'S EMPLOYEES AND OfFICIALS AND MORRISON/KNUDSEN MONROE COUNTY BD OF COUNTY CCMt11 SS lONERS 5100 JUNIOR COLLEGE ROAD KEY WEST. FL 33040 :::i.19.M_mI!J.W~W:i..tMtMt.wmr.............._ i AtHtlllL CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTFlCATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COM'ANIES AFFORDING COVERAGE ROGER BOUCHARD INSURANCE 101 It.rcrost Dr. PO Box 1010 CLEARWATER. FL 34118 Fl 34231 COIIPANV A LETTER COIIPANV B LETTER HJ~r,f~fN'T COIIPANV C M' , LETTER ,-, . J' - - <~ COIIPANV D P /7 ! ).- LETTER ( ! .' 813-447-1481 D. L. Portor Construction. Inc 1100 Glllosplo Ave. S., not. <~ . .... ..~...:.~... . '$'?:'"::"&l:~~ . THS IS TO CERTFY THA T HE POLICES OF NSURANCE LISTED BELOW HAVE BEEN ISSUEO TO HE NSURED NAMED ABOVE FOR HE POLICY PERIOD NJlCA TED. NOTWITHST AfIONG ANY REOt.JIaENT, TEII.1 OR cmOTION OF ANY CONTRACT OR OTI-ER OOcu.ENT WITH RESPECT TO WHCH THS CERTFICA TE MAY BE ISSUED OR MAY PERT AN. HE INSURANCE AFFORDED BY THE POLICES DESCReED I-EREIN IS SUB.ECT TO ALL THE TEII.tS. EXCLUSIONS AtIO CONDITIONS OF SUCH POLICES. LMTS SHQWNMAY HAVE BEEN REDUCED BY PAD ClAMS. 00 L TYPlEOf' ....... ......, NIl.... POLIO'l!I'ROTM! POLIO' IXPIlA DATI! (..../OOIVV) DATI! (IAUOO/VV) UMIT8 AUl'O"'U LIAIILIT' AIft AUTO All OWNED AUTOS SCIIllII.fD AUTOS IIIIfD AUTOS NllN-OWNfD AUTOS BAIlA8l lIABllI TY L. J'\ L 8lNERAl All8Rf8A TE . PROIlUCTS-ClM'/Of' A68. . PfRSONAl . ArN. INJURY . fACH OCC\IRllfNCf . FUll lIAMA8l IA . MfD. lllPfNSf IA . ClMlNED SlN6lf . lIMIT BODILY INJURY . (Per petsool BODILY INJURY . IPer accidnlI I'IlOPfRTY 1lAMA8l . fACH OCCUIIRfNCf . A66Rf1iA Tf . lII!NIIIAL UABa.n, CIMoIERClAl 8lNfRAl LIABILITY :::::::' ... ,... "'Of D OCCUll. :.:.:.:. ~ .... OWNfR'S . CONTIlACTOll'S PROT. IX_LIA8LITY lMllflLA FOltti OTHER THAN lJolBREllA FOltA . ~{nU~~;~~ ~~~HUhHn~~ Hnn~W~H~ i ~n~~)Hn;HmHHHHHWH( 23140 STATUTORY lMTS 1/01114 12/31/14 fACH ACClOfNT DlSfASE-POlICY lMT DlSfASE-fACH EMl'1.OYff ,. ... ............. .;.:.:.;-:-:.:.:.:.:.:.;.:.:.:-:.:-: .:::::::::::::::::::::::::::::::::::: A WOIICD'S OOt.FI!NSATION AND .......Y!RS' LIABLIT' . . . 000000 Onllll MW IIDORPTION Of' OPERATIONSILOOATIlINSIVI!HIDI.DI.-eOIAL ITI!" RE: 810 PKG 41. NEW DETENTION FACILITY OFFICES h:.:::.:.:.::",.:.:.:::::.:.:.:::.:::::.:::.:.::L:.:::.:::.:.:.".:::.:.:.:::.:::t:1::m:t::::::tttt:::::1kmt::::::::::::f:t:t:t:=::t:tfttflt:t:::I:}f:!:.:::.:v:.:::.:::.:.:.:.:.:.:::::::::::.:.:::.:.:::.:.:.ttt:m::::rt:::ltttrn:::tttrrt::r::::::::::::::::::::::::::::ir:l:tli:::tttlrtrtMliMM:ft:r:l?f: hi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TI-E ff EXPIRATION DATE THEREOF. TI-E ISSLN; COMPANY WLL ENDEAVOR TO m MAL 30 DA YSWRITTENNOTICE TO TI-ECERTFICA TE HOLDER NAMEDT 0 TI-E MONROE COUNTY 80 OF COUNTY *H LEFT, BUT FAL~ TO MAL SUCH NOTICE SHALL MPOSE NO OBLlaA TION OR CCJlMI SSIClNERS , L1ABLITYOF ~~~UPONTI-ECOMPANY SAGENTSORREPRESENTATIVES. '100 JUNIOR COLLEGE ROAD ~ ~~:~~ TABLE OP CONTENTS Bid Packaqe No. 49 Nev Detention pacility Offices 1. Biddinq Documents section 00030 section 00100 section 00110 section 00163 Section 00220 section 00230 section 00300 section 00350 Notice of Calling for Bids Instructions to Bidders Proposal Form Pre-Bid Substitutions Geotechnical Data Site Survey Scope of Work Milestone Schedule 2. contract Documents section 00500 Standard Form of Agreement Between Owner and Contractor - AlA Document A101/CM, June 1980 edition 3. Conditions section 00750 section 00800 section 00900 section 00905 section 00910 section 00970 Section 00980 General Conditions, AlA Document A201/CM, June 1980 edition supplementary General Conditions 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 4. General Requireaents section 01027 section 01200 section 01301 section 01310 section 01370 section 01385 section 01395 section 01410 Section 01510 section 01520 section 01550 Section 01560 section 01590 section 01595 Application for Payment Project Meetings Submittals Progress Schedules Schedule of Values Daily Construction Reports Document Clarification Requests Testing Laboratory Services Temporary utilities Construction Aids Access Roads and Parking Areas Temporary Controls Field Offices and Sheds Construction Cleaning 05/13/94 00001 - 1 TABLE OF CONTENTS New Detention Facility Offices Addendum No. 3 General Requirements continued section 01600 section 01630 Section 01650 section 01670 section 01700 section 01710 Section 01720 section 01730 Material and Equipment Post-Bid Substitutions starting of systems systems Demonstrations contract Closeout Final Cleaning project Record Documents Operation and Maintenance Data 5. Technical specificatioDs section 02110 Section 02200 section 02306 section 02513 Section 02520 section 02831 section 03200 section 03300 section 03305 section 03700 section 04200 Section 05100 section 05500 section 05521 section 06100 section 06402 section 07120 Section 07241 section 07530 section 07600 Section 07700 section 07900 section 08111 section 08211 section 08410 section 08520 section 08710 section 08800 section 09250 section 09300 section 09512 section 09660 section 09678 Section 09680 section 09900 Section 10160 Section 10350 section 10425 Section 10522 site Clearing Earthwork Auger Injected Pile Asphalt Concrete Paving Portland Cement Concrete Paving Chain Link Fences and Gates Concrete Reinforcement Cast In Place Concrete portland Cement Concrete Prestressed Concrete Unit Masonry structural Steel Metal Fabrications Pipe and Tube Railings Rough carpentry Interior Architectural Woodwork Fluid-Applied Waterproofing Exterior Insulation and Finish systems-Class PB/PM single Ply Membrane Roofing Flashing and Sheet Metal Roof specifications and Accessories Joint Sealers Standard Steel Doors and Frames Flush Wood Doors Aluminum Entrances and Storefronts Aluminum Windows Finish Hardware Glass and Glazing Gypsum Drywall Tile Acoustical Tile Ceiling Resilient Tile Flooring Resilient Base and Accessories Carpeting Painting Toilet Partitions Flagpoles Signs Fire Extinguishers, Cabinets and Accessories 05/13/94 00001 - 2 TABLE OF CONTENTS New Detention Facility Offices Addendum No. 3 section 10550 section 10675 section 10800 section 11030 section 11035 section 14240 section 15055 section 15060 section 15140 section 15190 section 15241 section 15250 section 15290 section 15330 section 15411 section 15412 section 15440 section 15483 section 15484 section 15510 section 15540 section 15545 section 15685 section 15711 section 15781 section 15854 section 15869 section 15891 Section 15892 section 15933 section 15971 section 15990 section 16055 Section 16110 Section 16120 section 16130 section 16140 section 16170 section 16190 section 16420 section 16425 section 16430 section 16450 section 16460 Section 16470 section 16515 Section 16530 section 16610 Section 16620 Section 16670 section 16720 section 16741 section 16781 Postal Specialties Metal Storage Shelving Toilet and Bath Accessories Pass Through Window Security Systems Hydraulic Elevators General Mechanical Requirements Pipe & Pipe Fittings supports & Anchors Mechanical Identification vibration Control Mechanical Insulation Ductwork Insulation Wet-Pipe Automatic Sprinkler System Potable Water piping Systems Soil, Waste, & Vent Piping Systems Plumbing Fixtures Fuel Storage Tank & Fuel Transfer Pump Fuel oil Systems Hydronic Piping H.V.A.C. Pumps Chemical (Water) Treatment Water Cooled Rotary Liquid Chiller Induced Draft Cooling Tower Packaged Heating & Cooling units Central station Air Handling Units Exhaust Fans Metal Ductwork Non-Metal Ductwork Air Terminals Control Systems Testing, Adjusting and Balance General Electrical Requirements Conduit & Raceways Wires & Cables Boxes Wiring Devices Circuit & Motor Disconnects Supporting Devices Service Entrance Requirements Switchboards Metering Grounding Transformers Panelboards Interior Luminaries Exterior Luminaries UPS System (Un interruptible Power Supply) Standby Emergency Generator Power Lightning Protection System Alarm & Detection Systems Telephone System Television Distribution System 05/13/94 00001 - 3 TABLE OF CONTENTS New Detention Facility Offices Addendum No. 3 6. Drawing- T-1 ST-1 ST-2 ST-3 SD-1 SD-2 A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-11 A-12 A-13 A-14 A-15 A-16 A-17 A-18 A-19 A-20 A-21 A-22 A-23 A-24 S-l S-2 S-3 S-4 S-5 S-6 S-7 S-8 S-9 S-10 S-ll S-12 S-13 S-14 S-15 S-16 M-1 M-2 M-3 M-4 ( Title Sheet site Plan site Plan site Plan site Drainage Plan Lift station and site Details Ground Floor Plan First Floor Plan Second Floor Plan Penthouse & Roof Plan Core Floor Plans stair & Elevator Plans East & North Elevations West & South Elevations Bathroom Elevations Interior Elevations Interior Elevations Building sections stair & Elevator sections Wall sections Finish Schedule & Wall Types Door Schedule Door Details storefront Elevations & Details Windows & Louvers Casework Details Details Reflected ceiling Plans Partial Ground & First Floor Reflected Ceiling Plan Second Floor Foundation/Ground Floor Framing Plan First Floor Framing Plan Second Floor Framing Plan Main Roof Framing Plan sections sections sections Elevator & Stair sections Shearwall Details Shearwall Details Beam Schedules Column Schedule Piles Details Details Stair section General Notes Ground Floor Mechanical Plan First Floor HVAC Plan First Floor Plan Plumbing Second Floor HVAC Plan 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28, 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28" 4 05/13/94 00001 - 4 TABLE OF CONTENTS New Detention Facility Offices Addendum No. 3 M-5 M-6 M-7 M-8 M-9 M-10 M-11 FS-1 FS-2 FS-3 FS-4 SE-1 SE-1A ED-3 ED-4 E-1 E-2 E-3 E-4 E-5 E-6 E-7 E-8 E-9 E-10 TD-1 FA-1 FA-2 FA-3 FA-4 FA-5 SS-l SS-2 SS-3 SS-4 SS-5 ( Second Floor Plumbing Plan Roof Mechanical Plan HVAC Isometric Plumbing Details & Isometrics HVAC Schedules HVAC Schedules HVAC Details Ground Floor Fire Sprinkler Plan First Floor Fire Sprinkler Plan Second Floor Fire Sprinkler Plan Roof Fire Sprinkler Plan site Plan Electrical site Electrical Plan Primary Power Electrical One-Line Loop Diagram for Pr imary Service Ground Floor Electrical Power & Lights First Floor Electrical Lighting Plan First Floor Electrical Power Plan Second Floor Electrical Lighting Plan Second Floor Electrical Power Plan Roof Plan Electrical Power & Lights Electrical Riser Diagram Electrical Schedules Electrical Riser, Detail & Schedule Electrical Notes & Schedules Electrical Transformer Pad Details Ground Floor Fire Alarm First Floor Fire Alarm Second Floor Fire Alarm Roof Fire Alarm Fire Alarm Riser Diagram Security Equipment Locations Security Equipment Locations Security Equipment Locations Security Equipment Locations Security Equipment Locations 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 05/04/94 05/04/94 05/04/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 05/12/94 03/28/94 03/28/94 03/28/94 03/28/94 03/28/94 05/12/94 05/12/94 05/12/94 05/12/94 05/12/94 ****** END OF SECTION 00001 ****** 05/13/94 00001 - 5 TABLE OF CONTENTS New Detention Facility Offices Addendum No. 3 SECTION 00300 SCOPE OF WORK 1.1 GENERAL SCOPE Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawings and detailed in the Technical Specifications included in this Bid Package. 1.2 Special provisions The following Special provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Bid Package. .1 All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to the Construction Manager. .2 Provide, replace, and maintain any safety rails and barricades as necessary during the process of work, or during deliveries of materials or equipment. .3 Contractor is 'to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. .4 Contractor shall perform all required testing and provide adequate personnel in order to complete all testing to the requirements of ~overning agencies. .5 All incoming materials and equipment shall be coordinated with and the CM, in order that proper lavdown, staqinq and stockinq areas are developed, prior to release for shipping. within the building, areas shall be restricted and stocking areas will be authorized in writing. .6 If in the event of conflicting, or overlapping requirements in -any area of the bidding documents, technical specifications, or drawings, the most strinqent condition shall be bid and constructed. Notify the CM in any event, in qrder to not compromise the Owner's right to make appropriate decisions. 03/21/94 SCOPE OF WORK New Detention Facility Offices 00300-1 .7 Contractor. shall maintain As-Built Drawinqs, (Record Drawings per section 01720), of his work progression. .8 This Contractor shall not store materials inside the building. Contractor shall provide suitable storage container, and be responsible for disposal off-site of all debris and trash. .9 The Bid Proposal Form includes an estimated quantity of concrete auger cast piles. The Contractor is to state the unit price which is to be multiplied by the estimated quantity and included in the Total Base Bid. This unit price will be used for payment of actual quantities of concrete auger cast piles measured and installed in accordance with the specifications. The unit price stated in the Bid Proposal Form will be applied to actual quantities installed for variations in the Bid Estimated Quantity up to 50% less than or greater than the stated Bid Estimate. For quantity variations greater than 50%, either party to the contract may demand a change in the unit price based on actual costs. .10 As shown on Contract Drawing No. ST-1 in the north corner of the project site there exists several stockpiles of suitable and/or unsuitable material. All unused portions of these stockpiled materials are to be removed from the site and disposed of properly offsite. .11 Alternate No. I-Provide deduct amount to supply and install VCT flooring and rubber base in accordance with the specifications in lieu of the 12" x 12" porcelain pattern floor and base as indicated on Contract Drawing A-15 Finish Schedule. 03/21/94 SCOPE OF WORK New Detention Facility Offices 00300-2 SBCTION 00350 MILBSTONB SCHEDULE This section contains the project milestone schedule. The contractor is required to determine his proposed schedule to meet these milestone dates. The Contractor is to note the following special items. a. Bid Due Date . . . . . . . 06/02/94 06/16/94 06/23/94 b. Award Date (Anticipated) Notice to Proceed (Anticipated) c. d. Building Permit from D.C.A. authorizing start of construction at jobsite (anticipated). .07/05/94 e. Substantial Completion Date . . . . . . . .. 06/30/95 ********************** END OF SECTION 00350 5/19/94 MILESTONE SCHEDULE New Detention Facility Offices Addendum No. 4 00350 - 1 Addendum No.6 May 27, 1994 New Monroe County Detention Facility Offices Bid Package #49 Upon receipt of this addendum, please execute the attached "ADDENDUM ACKNOWLEDGEMENT" form and send by facsimile or mail to Morrison Knudsen/ Gerrits. The information contained in this Addendum modifies, supplements or replaces information contained in the previously issued Bid Package and is hereby made a part of the Contract Documents. Drawin2s Sheet A-IS, Finish Schedule & Wall Types Add the following to the Finish Schedule at Room #2141, Future Expansion: Floors . . . . . . . . . . VCT Base. . . . . . . . . . . Rubber Walls .......... Painted Gypsum Board Ceiling ......... Acoustic Tile Height ......... 8' ******* END OF ADDENDUM NO.6 ******* OS/27/94 BID PACKAGE #49 New Detention Facility Offices Addendum No.6 Page-l Addendum No.5 May 26, 1994 New Monroe County Detention Facility Offices Bid Package #49 Upon receipt of this addendum, please execute the attached "ADDENDUM ACKNOWLEDGEMENT" form and send by facsimile or mail to Morrison Knudsen/ Gerrits. The information contained in this Addendum modifies, supplements or replaces information contained in the previously issued Bid Package and is hereby made a part of the Contract Documents. Biddin2 Documents Section 00110, Proposal Form The estimated quantity of Auger Grout Injection Piles has been revised to 2,400 lineal feet. Replace page 00110-3, Proposal Form, with the attached page 00110-3 dated OS/26/94. Technical Specifications Section 09300, Tile 1. Add line 2.2.C.5 as follows: "Porcelain Floor Tile shall be as manufactured by Crossville Ceramics or approved equal Mineral Collection/Water Series in the blue/green color family." 2. Add line 2.3.BA as follows: "Glazed wall tile shall be gloss finish." Section 09660, Resilient Tile Flooring Delete line 1.3.C in it's entirety. Section 16741, Telephone Systems 1. Delete Section 2.1.B in it's entirety. 2. Delete 3.1.C and replace with the following: "3.1.C, Install raceway from terminal board to each telephone outlet unless indicated otherwise on drawings and leave pull string in conduit for cable installation by others. 3. Delete 3.1.D and 3.1.E in their entirety. Drawin2s Sheet A-18, Storefront Elevations & Details All aluminum frames shall have a nominal dimension of 4 inches in width in lieu of 4" or 6" shown on drawing. Delete A-18 Addrndum No.4 revisions. . OS/26/94 BID PACKAGE #49 New Detention Facility Offices Addendum No.5 Page-1 Addendum No.4 May 19, 1994 New Monroe County Detention Facility Offices Bid Package #49 Upon receipt of this addendum, please execute the attached "ADDENDUM ACKNOWLEDGEMENT" form and send by facsimile or mail to Morrison Knudsen! Gerrits. The information contained in this Addendum modifies, supplements or replaces information contained in the previously issued Bid Package and is hereby made a part of the Contract Documents. Bidding Documents Section 00030, Notice of Calling to Bid The Bid Date has been changed to June 2, 1994, at 10:00 a.m. Replace Section 00030 with the attached Section 00030 dated 5/19/94. Section 000350, Milestone Schedule The Bid Due Date and has been changed to June 2, 1994, the Award Date (Anticipated) has been changed to June 16, and the Notice to Proceed (Anticipated) has been changed to June 23, 1994. Replace Section 00350 with the attached Section 00350 dated 5/19/94. Technical Soecifications Section 05500, Metal Fabrications Add "Balco Metalines" as an approved manufacturer to Line 2.10. Section 07530, Single Ply Membrane Roofing Revise Line 1.6.A.2 to read "155 mph" in lieu of "120 mph". Section 08710, Finish Hardware Add the following as approved equals to line 2.1, Manufacturers: Yale Locks, 8700FL, AUE Yale Exits, 7100 Yale Closers, 3501 non-sized HC Section 10425, Signs 1. Revise line 2.3.H.1 to read as follows: "Men's Restrooms, door #106 and #205 (on the lobby side)" 2. Revise line 2.3.H.2 to read as follows: "Women's Restrooms, door #105 and #204 (OIl the lobby side)" 05/19/94 BID PACKAGE #49 New Detention Facility Offices Addendum No.4 Page-1 3. Revise line 2.3.H.3 to read as follows: "Stairwells, door #101, #128, #201, and #237 (on the lobby or corridor side )" 4. Revise line 2.4.A.2 to read as follows: "Letter Height: as shown on drawings:' Revise Addendum No.3 to read: Section 10550, Postal Specialties Replace Section 10550 dated 10/93, in its entirety, with the attached revised Section 10550 dated 5/94. Section 11035, Security Systems Add line 1.4.7 as follows: "Doors with card access to be equipped with Magnalock holding system w!battery backup and interfaced with the specified access system. Provide MS22 Door Contact at each secured door." Section 15484, Fuel Oil Systems Add line 2.1.A3 as follows: "Supply and return underground oil pipes shall be carbon steel pipe inside a secondary containment fiberglass pipe manufactured by Perm Alert ESP, model FS/EP or approved equal." Section 15971, Control Systems 1. Add to Paragraph 1.2.A, Item 4 as follows: "4. The DOC System shall be able to communicate via modem directly with the existing Landis & Gyr (System 600) Building Automation System installed at the maintenance managers office at the adjacent New Detention Facility. Communication shall be via "real time" graphical representations of mechanical equipment, it's operative parameters, alarm annunciation and temperature setpoints. The main DOC computer shall be located in Room #2142, Dispatch. Precise tinallocation to be coordinated with Owner." 2. Revise the last sentence of Paragraph 2.1 to read: "Equals provided by Barber Colman, Johnson Controls and Landis & Gyr are acceptable." Section 16140, Wiring Devices Add Line 2.3.A.2 as follows: "U.P.S. circuit receptacles to be color red." Section 16670, Lightning Protection System Replace Section 16670 dated October 1993, in its entirety, with the attached revised Section 16670 dated May 1994. 05/19/94 BID PACKAGE #49 New Detention Facility Offices Addendum No.4 Page-2 Section 16741, Telephone Systems Add Item "2.1.B.3 All exposed wiring above ceiling not installed in conduit shall be rated for plenum installation per applicable codes." Drawin2S Sheet A-18, Storefront Elevations & Details All aluminum frames shall be 6" in width in lieu of some detailed as 4". Sheet M-8, Plumbing Details & Isometrics Revise models for water closets on plumbing fIXture schedule to Madera 2234.015 (standard) and Cadet 3043.100 (handicapped). Sheet FS-1, Ground Floor Fire Sprinkler Plan Add two sprinkler heads at the elevator pit with control shut off valve and tamper switch with lock. Sheet E-1 Ground Floor Electrical Power & Lights The 2000A Main, M.C. and C.T. Cab shall be mounted on the transformer pad at or above Elevation 11.00 in lieu of the reinforced concrete wall shown. Sheet E-3, First Floor Electrical Power Plan 1. All references to E.P.V.C. in the power symbol legend shall be changed to E.M.T. 2. Add to notes item "4. All telephone, security and Cable TV wiring installed above the ceiling shall be rated for plenum use per applicable codes." 3. Cable TV wire from the electrical room #1108 and outlets shall be provided by TCI Cablevision of Florida and installed by Contractor. Cable TV wire shall be routed from each outlet to the main electrical room and not interconnected (looped). Cable TV outlets shall be installed in the following rooms: 1130, 1132, 1137, 2105, 2109, 2124, 2142. 4. PNL-1C is to be located adjacent to PNL-1AN in Electrical Room #1138. Sheet E-5, Second Floor Electrical Power Plan 1. PNL-2C is to be located in Electrical Room #2150. 2. The three receptacles in Room #2142, Dispatch, shown to be routed to circuit 2AN-4 shall be revised to circuit 2C-7. The receptacle on column/line 8 in Dispatch adjacent to the current receptacle shown to be routed to circuit 2C-7 shall be added to circuit 2C-7. 05/19/94 BID PACKAGE #49 New Detention Facility Offices Addendum No.4 Page-3 Sheet E-7, Electrical Riser Diagram 1. Revise the "Termination of Concrete Encasement" in the diagram from 6 inches above ceiling at the Second Floor to 6 inches above finish floor at the First Floor. 2. The Meter Can, Current Transformer and 2,000 A Switch shall be coordinated with CES and installed on the transformer pad at or above Elevation 11.00. 3. A Pull Box shall be provided and installed at the top of the concrete encased conduit riser in the building. Sheet E-8, Electrical Schedules Circuit breakers for Elevators 1 and 2 on Panels "RA" & "RB" shall be shunt trip type. Sheet E-9, Electrical Riser, Details & Schedules All references to E.P.V.C which is not encased in concrete shall be revised to E.M.T. Sheet E-I0, Electrical Notes and Schedules Add the following manufacturers as approved equals to the Lighting Fixture Schedule: Matalux, Halo, Surelite & McGraw Edison. Sheet FA-I, Ground Floor Fire Alarm Add a Heat Detector with Monitor Module at the elevator pit, and Monitor Module for Tamper Switch. Sheet F A-3, Second Floor Fire Alarm Add a Heat Detector with Monitor Module, a Smoke Detector, and Monitor Module for Tamper Switch at the top of elevator shaft. Sheet F A-4, Roof Fire Alarm 1. Add a Heat Detector with Monitor Module and Monitor Module for Tamper Switch at the Elevator Machine Room. 2. Add the following note adjacent to the Elevator Machine Room: All Heat Detectors in elevator shaft and Machine Room shall automatically disconnect power to the elevator through shunt trip circuit breakers, prior to the application of water. Sheet SE-IA, Site Electrical Plan Add General Notes as follows: 1. The new phone and cable TV U/G conduits shall not penetrate the electrical manholes, but be routed around them. 05/19/94 BID PACKAGE #49 New Detention Facility Offices Addendum No.4 Page-4 2. The new phone and cable TV U/G conduits shall be installed with a pull string for cable installation by others. 3. The radius bends of the new phone and Cable TV U/G conduits shall meet the minimum requirements for fiber optic cable. 4. Pull boxes for the phone and cable TV U/G conduits shall be installed at maximum distances required by local utility. 5. Electrical wiring installation and terminations will be coordinated with CES and the requirements for operation of the existing New Detention Facility. Outages may be required to be scheduled between 8:00 p.m. and 6:00 a.m. In any case a power shut-down in excess of 4 continuous hours in a single day will not be permitted. 6. Sawcut all concrete curbs, asphalt pavement and portland cement concrete pavement in neat straight parallel lines. The repair of the Portland Cement concrete curbs and paving shall include the installation of 12" long, #4 bars at 12" o.c. each side, epoxy grouted 6" into existing concrete. 7. The phone and Cable TV U/G conduits shall be routed around the transformer pad and to electrical room #1108 as shown on Contract Drawing E-l. Conduit quantities and sizes on Contract Drawings E-1, E-7 and E-9 shall be revised per Drawing SE-1A. ***** END OF ADDENDUM NO.4 ***** 05/19/94 BID PACKAGE #49 New Detention Facility Offices Addendum No.4 Page-5 Addendum No.3 May 13, 1994 New Monroe County Detention Facility Offices Bid Package #49 Upon receipt of this addendum, please execute the attached "ADDENDUM ACKNOWLEDGEMENT" form and send by facsimile or mail to Morrison- Knudsen/Gerrits. The information contained in this Addendum modifies, supplements or replaces information contained in the previously issued Bid Package and is hereby made a part of the Contract Documents. Table of Contents Replace the Table of Contents, Section 00001 with the attached Table of Contents dated 5/13/94. The following sections have been added: Section 10425 - Signs; Section 11035 - Security Systems; Section 16460 - Transformers. Biddine Documents Section 00030, Notice of Calling to Bid The Bid Date has been changed to May 31, 1994, at 10:00 a.m. Replace Section 00030 with the attached Section 00030 dated 5/13/94. Section 000350, Milestone Schedule The Bid Due Date has been changed to May 31, 1994. Replace Section 00350 with the attached Section 00350 dated 5/13/94. Technical Suecifications Section 05500, Metal Fabrications Replace Section 05500 dated 10/93, in its entirety, with the attached revised Section 05500 dated 5/94. Section 09678, Resilient Base and Accessories Delete all references to Vinyl Stair Treads and/or Nosings. 05/13/94 BID PACKAGE #49 New Detention Facility Offices Addendum No.3 Page-l Section 09680, Carpeting Delete all references to Carpet Cushions. Section 10425, Signs Add the attached section 10425 dated 5/94 to the Contract Documents. Section 10550, Postal Specialties Replace Section 10550 dated 10/93, in its entirety, with the attached revised Section 10800 dated 5/94. Section 10800, Toilet and Bath Accessories Replace Section 10800 dated 10/93, in its entirety, with the attached revised Section 10800 dated 5/94. Section 11035, Security Systems Add the attached Section 11035 dated 5/94 to the Contract Documents along with attached drawings numbered SS-l thru SS-5 dated 5/12/94. Section 14240, Hydraulic Elevators Underneath line 1.1.A, add the following line numbered 1.1.A.1: "Refer to Section 11035, Security Systems, for Card Reader requirements at the ground level." Section 16420, Service Entrance 1. Delete line 1.1.A.2 (Three phase ...transformer.) 2. Underneath line 1.1.B.1, add the following line numbered 1.1.B.2: "Refer to Section 16460 for three phase pad mounted transformer." 3. Add the attached "City Electric System's Specification for Underground Primary" to Section 16420 for reference. Section 16460, Transformers Add the attached Section 16460 dated 5/94 to the Contract Documents. Drawings Sheet A-2, First Floor Plan 1. Delete note under 1/A-2 that reads "All Corridor Walls.....rating". 2. All Corridor and Lobby walls shall be "Type A-Sim1, Typical" or "Type B-Sim1" at FEC and plumbing locations. 3. Pump Room #1148 walls shall be "Type H" all four sides. 05/13/94 BID PACKAGE #49 New Detention Facility Offices Addendum No.3 Page-2 4. Armory Room #1154 walls shall be "Type A-Sim4" all four sides. 5. Rename Room #1135 to "Work Room". 6. Wall finishes at Men's Toilet #1103 and Women's Toilet #1102 shall be as shown on sheet A-9 and as scheduled on Sheet A-IS. Walls shall be "Type A, Typical", "Type B" at plumbing, and ''Type A-Sim1ffype B-Sim1" adjacent to Lobbys, Corridor, and between Men's & Women's Toilets. Sheet A-3, Second Floor Plan 1. Delete note under 1/A-3 that reads "All Corridor Wall....Rating". 2. All Corridor and Lobby walls shall be ''Type A-Sim1,Typical" or "type B-Sim1" at FEC and plumbing locations. 3. Rename Room #2141 to "Future Expansion", (delete "Storage"). 4. Wall Finishes at Men's Toilet #2103 and Women's Toilet #2102 shall be as shown on Sheet A-9 and as scheduled on Sheet A-IS. Walls shall be "Type A, Typical", ''Type B" at plumbing, and Type A- Sim1ffype B-Sim1 adjacent to Lobbys, Corridor, and between Men's & Women's Toilets. Sheet A-IS, Finish Schedule & Wall Types 1. Rename Room #1135 to "Work Room". 2. Rename Room #2141 to "Future Expansion", (delete "Storage"). 3. Replace Details 1/A-15 and 2/A-15 with the attached revised details dated May 4, 1994. Sheet A-16, Door Schedule 1. At Stair Doors numbered 101, 128, 201, 237, and 301, add the following in the Remarks Column - "B Label, 1 Hour Rated". Sheet A-23 and A-24, Reflected Ceiling Plans 1. Partitions shown dashed shall be revised to be shown solid. All metal studs shall extend to structure above. Sheet TD-1 Electrical Transformer Pad Details Add the attached drawing numbered TD-1 and dated 5/12/94 to the Contract Documents. Sheet M-7, HVAC Isometric 1. Air Handling Unit & Duct Isometric: Items marked as FD & SD are 05/13/94 BID PACKAGE #49 New Detention Facility Offices Addendum No.3 Page-3 combination Fire & Smoke dampers with Duct Smoke Detectors. Locate FD & SD for first floor in a horizontal position at the slab crossing with access panel from the second floor instead of vertically as shown. 2. Add note to coil section stating: "For coil piping connections see detail on Dwg. M-11". Sheet M-ll, HV AC Details 1. Coil Connection Detail: Provide balancing valve in three-way valve bypass. 2. Provide gauges at supply and return connections. Sheet SE-1, Site Electrical Plan 1. See attached sheet SE-1A dated 5/4/94 for primary service requirements and attached "Electrical One-Line Loop Diagram for Primary Service", Sheet ED4 dated 5/4/94. Note to be added and Primary routing to be revised as per SE-1A. Sheet E-1, Ground Floor Electrical Power & Lights 1. Revise note for primary service to indicate " 3-4 inch empty PVC for . " pnmary... . Sheet E-7, Electrical Riser Diagram 1. See attached detail ED3 dated 5/4/94 for Primary Power. Riser primary note change to " 3-4 inch empty PVC for CES..." "Refer to sketch SE-1A". 2. Indicate "Pad MTD transformer to be provided by E.c. @ 300kva 120/208 V 3 ought". ***** END OF ADDENDUM NO.3 ***** 05/13/94 BID PACKAGE #49 New Detention Facility Offices Addendum No.3 Page-4 Addendum No.2 May 5, 1994 New Monroe County Detention Facility Offices Bid Package #49 Upon receipt of this addendum, please execute the attached "ADDENDUM ACKNOWLEDGEMENT" form and send by facsimile or mail to Morrison- Knudsen/Gerrits. The information contained in this Addendum modifies, supplements or replaces information contained in the previously issued Bid Package and is hereby made a part of the Contract Documents. Biddine: Documents Section 00030, Notice of Calling to Bid The Bid Date is Thursday, May 26, 1994, at 10:00 a.m. Replace Section 00030 dated 4/25/94 with the attached Section 00030 dated 5/5/94. Section 000350, Milestone Schedule The Bid Due Date is Thursday, May 26, 1994. Replace Section 00350 dated 4/25/94 with the attached Section 00350 dated 5/5/94. *****END OF ADDENDUM NO. 2***** 5/5/94 BID PACKAGE #49 New Detention Facility Offices Addendum No.2 Page - 1 Addendum No.1 April 25, 1994 New Monroe County Detention Facility Offices Bid Package #49 Upon receipt of this addendum, please execute the attached "ADDENDUM ACKNOWLEDGEMENT" form and send by facsimile or mail to Morrison- Knudsen/Gerrits. The information contained in this Addendum modifies, supplements or replaces information contained in the previously issued Bid Package and is hereby made a part of the Contract Documents. Table or Contents Page 00001-2 through 00001-5, Section 09660 title has been revised to "Resilient Tile Flooring"; The following sections have been added: Section 09680-Carpeting; Section 10522- Fire Extinguishers, Cabinets and Accessories; Section 15854-Central Station Air Handling Units; Section 15971-Control Systems; and Section 1661O-UPS System (Uninterruptible Power Supply). Bidding Documents Section 00030, Notice of Calling to Bid The Bid Date has been changed to May 26, 1994, at 10:00 a.m. Replace Section 00030 dated 3/21/94 with the attached Section 00030 dated 4/25/94. Section 000350, Milestone Schedule The Bid Due Date has been changed to May 10, 1994. Replace Section 00350 dated 3/21/94 with the attached Section 00350 dated 4/25/94. Conditions Section 00750, Paragraph 4.8, Allowances, delete in its entirety. Section 00800, Supplementary Conditions, page 19, Item 7, revise to the following: "7. Subparagraph 12.3.2 change the word 'agent' in the 7th line to 'representative"', and revise the remainder of the paragraph to read: "or (3) any written order for a minor change in the Work issued pursuant to Paragraph 12.4, the Contractor shall make such claim as provided in Subparagraph 12.3.1." 04/25/94 BID PACKAGE #49 New Detention Facility Offices Addendum No. 1 Page - 1 General Reauirements Section 01027, Application for Payment Replace pages 01027-3, 01027-4 and 01027-5 with the attached revised pages dated 4/25/94. Section 01310, Progress Schedules Paragraph 1.2.A - Revise Primavera CPM Scheduling Computer Software Package from Version 5.1 to Version 5.0. Section 01510, Temporary Utilities Replace Section 01510 dated 3/21/94, in its entirety with the attached revised Section 01510 dated 4/25/94. Section 01670, Systems Demonstrations Replace Section 01670 dated 3/21/94, in its entirety with the attached revised Section 01670 dated 4/25/94. Section 01730, Operation and Maintenance Data Replace Section 01730 dated 3/21/94, in its entirety with the attached revised Section 01730 dated 4/25/94. CONTINUED ON PAGE 3 04/25/94 BID PACKAGE #49 New Detention Facility Offices Addendum No. 1 Page - 2 Technical Soecifications Section 09680: Carpeting Add the attached Section 09680 dated 4/94 to the documents. Section 10522: Fire Extinguishers, Cabinets and Accessories Add the attached Section 10522 dated 4/94 to the documents. Section 14240: Hydraulic Elevators 1. Replace line 1.2.A.l with the following: "Passenger type elevator as manufactured by Dover Elevator Corp., Model "Seville 35", 3500 pound capacity at 150 FPM, or approved equal." 2. Replace line 3.2.B.2 with the following: Jack assembly is to be encased in waterproof PVC pipe with all joints properly sealed. Section 15685: Water Cooled Rotary Liquid Chiller Add 2.10, Acceptable Manufacturer, add "or approved equal". Section 15711: Induced Draft Cooling Tower At 2.9, Acceptable Manufacturer, add "or approved equal". Section 15854: Central Station Air Handling Units Add the attached Section 15854 dated 4/94 to the documents. Section 15971: Control Systems Add the attached Section 15971 dated 4/94 to the documents. Section 16610: UPS System (Uninterruptible Power Supply) Add the attached Section 16610 dated 4/94 to the documents. Section 16620: Standby Emergency Generator Power At 1.1 and 1.2 the word "submittaI(s)" shall be used in lieu of "bid(s)". 04/25/94 BID PACKAGE #49 New Detention Facility Offices Addendum No. 1 Page-3 DrawinJtS Sheets ST -1 and ST -2: Site Plans Note in upper area of the existing Sewage Treatment Plant shall read as "Existing L.P. Gas" in lieu of "Proposed L.P. Gas" Sheet ST -3: Site Plan Delete details numbered 5/ST -3 and 6/ST-3 Sheet SD-l: Site Drainage Plan 1. Revise invert elevation of pipe outfall from CB#1 & 2 to "+2.00" in lieu of "+ 1.30". 2. Revise invert elevation of pipe outfall to "+2.00" in lieu of "+ 1.15". 3. Revise bottom elevation of existing pond to "+2.00" in lieu of "+1.15" to be verified" . 4. Revise pipe outfall (from catch basins to headwalls to three 8" pipes in lieu of "15 inch sloped @ 0.3%". Sheet SD-2: Lift Station and Site Details 1. Revise the "Remote Intermediate Fuel Pump" shown in the "Diesel Fuel Piping Diagram for Emergency Generator" to a below grade installation. The fuel tank pump housing accessory shall be as manufacture by Owens-Corning, Model #SPS42-30 or approved equal. 2. Revise the "Diesel Fuel U.G. Storage Tank" detail to include the Owens- Corning piping sump accessory #SPS42-30 for installation at the underground fuel pump. 3. Replace the "Typical Catch Basin" detail with the attached "Typical Catch Basin Detail" dated 4/25/94. 4. Replace the "Rip Rap Headwall Detail" with the attached "Rip Rap Headwall Detail" dated 4/25/94. 5. Add to the "Sewage Lift Station Section" a note that reads "Electric Control Panel and adjacent disconnects shall be mounted with two 4" galvanized steel pipes encase in 12" dia. X 36" deep concrete footings. Sheet 5-1: Foundation/Ground Floor Framing Plan 1. Delete note at top of sheet referring to sheet piles. Replace with the following: Provide soil slope stabilization along grid lines "A" between column lines 4 to 9. Use limerock or shale for soil stabilization to protect undermining of the asphalt pavement. 04/25/94 BID PACKAGE #49 New Detention Facility Offices Addendum No. 1 Page-4 2. Sump pit shown in lower left corner of elevator pit shall be 18"x18"xI8". Slope concrete to sump pit for drainage. Sheet 5-13: Piles Details 1. Rename the detail "2 P.C." located at the top center of the sheet to "2 P.C. (SP.)". 2. All Auger Cast Piles to read "18 inch diameter" in lieu of "14 inch diameter". Sheet M-l: Ground Floor Mechanical Plan Sump pump location relocated to lower left corner of elevator pit as per structural drawings. Sump pit size shall be 18" X 18" X 18". Sheet M-6: Roof Mechanical Plan 1. Revise the note located at column grid 3C to read "AC-l,2" in lieu of "AHU- 2,3,4" . 2. Revise the note located to the right of the cooling tower to read "2 inch Drain and Overflow" in lieu of "2 inch Drain". Sheet M-7: HVAC Isometric 1. Cooling tower note shall read "2 inch Overflow and Drain" in lieu of "2 inch Overflow" . 2. AHU shall have a note that reads "See Coil Connection Detail on Sheet M- 11 ". 3. Legend shall be revised by deleting AHU-2 & 3 and replacing with" AC-l" and "AC-2". Note below Legend refers to Sheet M-l1. Sheet M-8: Plumbing Details & Isometrics Add the attached "Fixture Schedule" dated 4/25/94. Sheet M-I0: HVAC Schedules Revise all references to manufactures names and model numbers to include" or approved equal". Sheet M-11: HVAC Details 1. For clarification, the Roof Curb for AHU-l is referred to at the "Air Handling Unit Mounting Detail" and is specified on the "Vibration Isolation Schedule, Sheet M-I0. 2. Revise the "Roof Type Pipe Support Detail" dimension to read as "18" minimum separation" in lieu of "12'-0" min.". 3. Revise the detail title at "Horizontal Unit Piping Detail" to read "AC-l and 04/25/94 BID PACKAGE #49 New Detention Facility Offices Addendum No. 1 Page-5 AC-2" in lieu of "AHU-2-3-4". Sheet FS-l: Ground Floor Fire Sprinkler Plan Note shall be added to clarify "shut off valve in riser with tamper switch" at main entrance riser as shown on sheet M-l. See attached "Fire Riser Detail" dated 4/25/94. Sheets FS-l,2,3 and 4: Fire Sprinkler Plans The fire riser at each floor is shown to have a flow switch and valve with tamper switch. See attached Fire Sprinkler Legend dated 4/25/94 to clarify. Sheet E-l: Ground Floor Electrical Power & Lights Sump pump location relocated to lower left corner of elevator pit as per structural drawings. Sump pit size shall be 18" X 18" X 18". Sheets FA-l,2,3 & FA-5: Fire Alarm Drawings Fire Alarm devices (M,TS & FS) for Stair #2 are to be omitted. There is no fire riser at stair #2. Sheet F A-4: Roof Fire Alarm 1. Add to Stair #1 a "2 monitor module, FS and TS" as per Sheet FA-3 & FA-5 Riser Diagram. 2. Add at Elevator Mechanical Room a "TS". END OF ADDENDUM NO.1 04/25/94 BID PACKAGE #49 New Detention Facility Offices Addendum No. 1 Page-6 SECTION 00110 PROPOSAL FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT PUBLIC SERVICE BUILDING, ROOM 002 5100 COLLEGE ROAD, STOCK ISLAND KEY WEST, FLORIDA 33040 BID FROM: D.L. PORTER CONSTRUCTION, INC. 1100 Gillespie Avenue Sarasota, Fl 34236 The undersigned, having carefully examined the Work and reference Drawings, specifications, proposal, and Addenda thereto and other Contract Documents for the construction of: Bid Package No. 49 New Detention Facility Offices 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 materipl av~ilability, Federal, state, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman- like manner, in conformance with said Drawings, Specifications, and other contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. 03/21/94 BID PROPOSAL New Detention Facility Offices 00110 - 2 ( 3. Total Base Bid (Item #1 + Item #2) Quanti ty Zt ex) $ '1 ~()() $ 3" t./ 2. . IJ IJ rJ etc.I . $ 3, 5/~/J?O.(>> 1. Au~er Grout Injected Piles - Estimated 2,fOO lineal feet X $ 30 au Ilf = ~ Contract Work not included in Item 1. 2. ~ //2/jOAJ hull k.JnAf;,lllk J -f'~I'L..c~ ~ I/~, (Total Base Bid - words) dollars. 4. Alternate No. 1 VCT Flooring and Base (page 00300-2); Deduct the inserted amount from the total base bid $ ~~/tJ(X)~ I acknowledge receipt of Addenda No. (s) 1, 2, 3, 4,S)' ~ I have included pages 1 through 8 of the Bid Proposal which/ entails the Proposal Form~, the require~ Bid Security~, the Lobbying and Conflict of Interest Clause~, the Sworn statem~nt of Public Entity Crimes ~, and the Non-Collusion Affidavit ~ . (Check mark items above, as a reminder that they are included.) Mailing Address: 1100 Gillespie Avenue Sa rasota, FL 34235 Phone Number: 813-365-1522 Date: ~ ~ 6/2/94 Signed: (\.~~ c. Marshall White (Name) Vice PResident (Title) Witness: ~Urj.Y,?'~ ( eal) 03/21/94 BID PROPOSAL New Detention Facility Offices 00110 - 3 ~. . '-. l' ,_i i', t.. ~, .... '-' ' ~..... ; i ~ ~ ..... .,., - - ,- THE AMERICAN INSTITUTE OF ARCHITECTS I' AlA Docummt Al10 Bid Bond KNOW ALL MEN BY THESE PRESENTS tNt ~ D. L. PORTER. CONSTRUCTION. INC. ( ..... _ ... _ _."... _ ...., _ ., C_'OC_ as PrincipAl, hereinafter oiled th, Princi1U1, ... FIDELITY & DEPOSIT r.nMPARY 011 MARYT.ATm ....... _ .. _ i"li ..ji"fiiiI'tiIN ~--- . corporation dulV Of&~,.Jzed under the laws of 1M ~le of MARYLAND 8$ 5urety;hetelnarler.uIed.the"Surett, are held .nd firmly-bOlMd Unto . MONROE COUNTY ' e4toe -.. -..........<< '-'.....- 0-.. ~ Obtip, hl!rl!iNft~ ulled lhe Oblil~, in Ihe sum of 5% OF BID 0011&111$5% OF BID ), for the tn)'l'Ml1t of whkh sum well and truly 10 be made. the said Principal and the wid ~ety. bind ourteMs. out heirs, eRCUtori. adminlsu~tors, succeS50rJ and asslans, jolntly and ~r.l1y, firmly by theIe pmenll. WHE RlAS, II1e frInclpal has submlUed . bid fOf _~ _.... _......... ....M........,.-. BID PACKAGE NO. 49. HEW DETENTION FACILITY OFFICES NOW, THllEfOU. . .., OWIJet! .... -<<'III ., bW of ... "...1 eIld ... PtlMlMI IheII f'IItef ... · ~ wi'" the 0bIi1M MIl MC~ widt tt. __ .. Nett bt4 .... ai.e ~ '*'" .. IoaItIh - IIllIY .. spear... Ie ... IM4dirtt 0( ContrKl ~'* willi IOOd eN ~... ItIft!lr for 1M f.l1lhhtI perfof_tKlr gf MKh COnINn -' b the plOlllpC p.ynttM of labor ..... ..riIJ ,tIMl.... ill die ~ fie..... .. fa 1M ~ at lht &IlIu1t .. 1M PMCIipIt 10 en\lf tuda c:o.1racl ."" ~ tudt tcwtd .. ...... if tilt ~riftCi,., .... ,.., III the ~ llwt ~ttfft ...,. 10 ~eM ~ ~ltr MINf becwH6 ... .lflO\fl'Il spedMcl itt ..;d bid IA4 wcfl ....C'I' ......-. lor whidt H 0bIil" ..., "' pol ftItll eot*lCl with ~ IWtr to JIflfonn d1~ Wotll [_reel b, MI4J bid. the" 1hIs otIlitaliOlt INIII M- I'ttII ""..oilI, tChtlWtM to leMa;" ia MI 'PI'. _ effen. Si&ned and sulr" this 2ND dav 01 JUNE D.L~~~~TION, {J.J. ,. ~. a *z I C. Marslrn1'1lllHe ~, r ~-~ Vtr~ PnF>1,.,O~~ / (r,~l _____-: ,/( /-" -' J ~ ~ FIDELITY & DEPOSIT ,.17~/{~~J /~ I ft . J ; I . ,. 94 INC. Iw.." ,/ AlA DOCUMENT AJ1t . lID IOND . AlA .. nllUAlY tf)t tNSlIUJU Of "1CHll'IC1S. t7)S N.Y. AVI~ M.W.. W.\SHIN ATl'ORBEY- IN FACT 1 03/21/94 BID PROPOSAL New Detention Facility Offices OO~lO - 8 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE. BAlTIMORE. MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. a corporation of the State of Maryland. by C. M. PECOT. JR.. Vice-President. and C. W. ROBBINS. Assistant Secretary, in pursuance of authority granted by Anicle VI, Section 2. of the By-Laws of said Company, which are set fonh on the reverse side hereof and are hereby cenified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint J. Raymond Bouchard, Richard E. Bouchard Michael D. Hamby, Wanda A. McKay, Delores B. Moore and Tim A. Bouchard all of Clearwate; Flor ida, EACH..............................................' , I S rue an aw agen an omey-m- ac. 0 m e, execu . elver, or. n Its as surety. as Its act and deed: any and all bonds and undertakings........ ~...... ~........................ STATE OF MAaYLAND COUNTY OF BALnMORE I be as binding upon said Company. as fully and ged by the regularly elected officers of the Company f attorney revokes that issued on 6, 1988. e tract set the reverse side hereof is a true copy of Article VI, Section ~ ~ d . ASSi~retary have hereunto subscribed their names and affIXed the COMPA~MARYLAND. this 25th _ ___day of D~~MPANYOF:YLAND~~ Viet'- SUkIll \ e execution of such bonds or undertakings in pursuanc amply. to all intents and purposes. as if they had been duly e at its office in Baltimore. Md.. in their own proper perso behalf of Roger O. Bouchard, etal, The said Assistant Secretary does hereby certify th 2. of the By-Laws of said Company. and is now . IN WITNESS WHEREOF. the said Vice-Presi COrpQrate Seal of the said FIDEUTY AND D ...._._!.~J~rua!:.Y________. A.D. I 92..l. <:) ~ FIDEL ATIT-SJO ~ ss. ~ . On this_ 2StQ._day oL__fibJJ.lJlry 19..2.3... before the subscriber. a Notary Public of the State of Maryland. duly commissioned and qualified. came C. M. PECOT. JR., Vice-President and C. W. ROBBINS. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, 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 each for himself deposeth and saith. that they are the said officers of the Company aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said 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 hand and affixed my Official Seal the day and year first above wrinen. CARoLi--Fi.D~-W ~ g;6- Nouuy p;;';; My Commission Expires_____~_l!g~M.L._J.9.26 CERTIFICATE I. the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY Of MARYLAND, do hereby certify that the original Power of Anorney 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 Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI. Section 2. of the By-Laws of the FIDELITY AND DEPOSIT COMPANY Of MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter. wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be val id and binding upon the Company with the same force and effect as though manually affixed. ,- IN TESTIMO"lY WHEREOF. I have hereunto subscribed my name and affixed the corporate seal of the said Company. this _______ooh_ day oLoooo______________________oooo__oooo___oo_ 1900__00' L1428c -031-4128 -m--------m-m~;-s.,..;.;;;:m- F&D 1028 ( EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND .. Article VI, Section 2. The Chainnan of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings. recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, . . . and to affix the seal of the Company thereto. II L1428b LOBBYING AND CONFLICT OF INTEREST CLAUSB SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE " D.L. PORTER CONSTRUCTION. INC. (CClq)8ny) " " warrants that he/it has not employed, retained or otherwise had act on his/Its behalf any fOnler County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee In violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in Its discretion, terminate this contract without liability and..y also, in its discretion deduct from the contract or purchase price, or otherwise recover, the full emount of any fee, c~ission: percentage, gift, or consideration paid to the for~r County officer or employee". ('.\ ~i May 31,1994 Date: CWNTY OF FLORIDA SARASOTA STATE OF Subscribed and sworn to (or affirmed) before - on by C. Marshall White or has produced of identification) May 31.1994 (name of affiant). (date) He/She is personal! y known to IIle as identification. (type L'b~~~Y/}'~ NOT AU PUBL "\) D.'DRAM .. PORTER Howr PUblic, Stili Of florida My ccmm. Ixplm Aut. .. 1ft5 Comm. No. CC1S6101 MCP #4 Rev 2/92 03/21/94 BID PROPOSAL New Detention Facility Offices 00110 - 7 section 00110 Non-Collusion Affidavit 1, C. Marshall White of the city of Sarasota eccording to law on my oath, and under penalty of perjury, depose and say thlt: 1.) 1 IIlI Vice President of the finll of D.L. POrter Construction. Inc. the bidder ..king the Proposal for the project described in the notice for cllling for bids for: New Detention FAcility Offices. Bid Pkg. No.49 and that I executed the said proposal with full authority to do so: 3. ) the prices in this bid have been arrived at independently without collusion, consul tit ion, communication or agre..-nt for the purpose of restricting c~tition, as to any matter relating to such process with any other bidder or with Iny c~titor: unless otherwise required by law, the prices which have been quoted In this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor: and 2.) 4.) no aUeq:lt has been IlI8CIe or wi II be made by the bidder to incb:e any other person, partnership or corporltion to submit, or not to submit, a bid for the purpose of restricting competition: 5.) the statements contained in this affidavit are true Ind correct, and..de with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. r_~~ (Signature of Bidder) d'"/~/9Y (Date) STATE OF: FLORIDA SARASOTA CWNTT OF: PERSONAllY APPEARED BEFORE ME, after first being s~orn by me, above on this ..!1/ the \rIdersigned authority, c. Marshall Yhi~ who, (name of indivi~,l signing) affixed his/her signature in_the space provided day of . ,~ ,19H-. ~>0'~~ NO Y PUBLIC My conmission eXDir"'" DEllORAH M. PORTER ~ Notary pJlbllo, Statl of florlta My comm. expires Aug. e. 1e95 comm. No. CC1S510e 03/21/94 BID PROPOSAL New Detention Facility Offices 00110 - 6 SWORN STATEMENT PURSUANT TO SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIDS THIS FORM MUST BE SIGIIED AIIO SWIll TO III TIlE PRfSEllCE Of A IOTARY PU.lIC 01 GlIB OFFICIAL MJT_IZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Monroe County (print ~ of the public entity) for C. Marshall White, Vice President (print individual's name ~ title) D.l. PORlIR CCIISTRUCTION, INC. (print name of entity submitting sworn stat..-nt) whose business address is 1100 Gillespie Avenue Sarasota, Fl 34236 and (if applicable) its Federal Eq>loyer Identification NU1ber (FElli) is 59-178Z890 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn by statement: . ) 2. I understand that a -public entity crime- as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to ~ directly related to the transaction of business with any public entity or with an agency or political sl.ildlvllion of wry other state or of the United States, including, but not lI_ited to, W'ff 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 _terial _isrepresentatlon. 3. I understand that -convicted- or "conviction" as defined in Paragreph 287.133(1)(b), ~ Statutes, lIleanl a finding of guilt or a conviction of a public entity cri., with or without an adjudication of guilt, In any federal or state trial court of record relating to charges brought by indictlllent or infonl8tion after July 1, 1989, as a result of a jury verdict, nonjury triut, or entry of a plea of guilty or nolo contendere. 4. I understand that 11'1 "affiliate" as defined In Paragraph 287.133(1)(a), Florida Statutes, .ana: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the MNIgenaent of the entity and who has been convicted of a public ent ity crime. The teMII -aUIl iate" Includes th~e officers, directors, executives, partners, shareholders, employees, ...oers, ~ agents who are active in the .anagement of an affiliate. The ownership by one person of hares constituting · controlling interest in another person, or pooling of equipment or incOllle lIIlIonlI persons when not for fair market value I.I'"der an al"ll'S length agreement, shall be a priM 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 publ ic entity crime in Florida ~ring the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officerS, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) ~ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. 03/21/94 BID PROPOSAL New Detention Facility Offices 00110 - 4 " I _______ The entity submitting this sworn statelent, or one or ~re of it. officer., director., executive., partner., "'areholders. ...,loyeel, ....r.. or qent. who are active in the IlIftIgeeent of the entity, nor an affHiate of the "'tity ha. been charged with and convicted of a public entity cri.. .ubsequent to July 1, 1989. _______ The ent hy subal ttino this sworn statflllllr'lt. or one or IIOre of I u officer., director.. executives, partners, "'areholders, ~loye", ....ra, or agentl who are active in the .anage.ent of the entity. or an affiliate of the ",tity ha. been charged with and convicted of a public entity crl.. subsequent to July 1, 1989. IIoWever. there has been a subsequent proceedl"" before a Hearl"" Officer of the State of Florida. Divl.lon of Adalnistratlve Hearines and the Final Order entered by the Hlari"" Officer detenained that it was not in thl public interest to place the entity subaitting this sworn stateMf\t 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' (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, TIlAT THIS FORM IS VALID THROOGH DECEMBER 3' OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS Of THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, ~ STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ~ _ ~ CYl1r) j- (signature) Sworn to and subscribed before me this 31 day of May , ,14_. Personally known x OR produced identification Notery Public - State of FUIlIDA SARASOTA (Type of identification) My Conaission expires ~.~ (Printed. typed or. t...-l coaaillioned name of Notary Public) "\J DElORAH .. PDR1"ER Notary Public, 1l1li or florida My Gomm. pplm Aug. .. 1t95 Comm. No. CC135101 Form PUR 7068(Rev. 06/11/92) 03/21/94 BID PROPOSAL New Detention Facility Offices 00110 - 5 THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A201/CM CONSTRUCTION MANAGEMENT EDITION General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGM CONSEQUENCES; CONSULT^T10N WITH,4.N ^TTORNEY IS ENCOURAGED. 1980 EDITION TABLE OF ARTICLES 4. CONTRACTOR 5. SUBCONTRACTORS 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE .1. CONTRACT DOCUMENTS 2. ADMINISTRATION OF THE CONTRACT 3. OWNER 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 ~ CA~TION: Y.ou 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. Copyrisht 1975. <e 1980, by Th~ Am~ricon Inslitute 01 Architects. 1735 New York Avenue, N.W., WJshington, D.C. 20006. Reproduction of th~ m~terial herein or sub~tintial quoUtion of Its prm.'l~ions without written permiSSion oi the AlA violates the copy"sht I.ws of the U~lted 5t.tes .nd will ~ subject to legJI proseculion. ,0.',0. OOCUMENT A1t1'CM . GENERAL CONDI1IONS OF THE CONTRACT FOR CO....STRUCTIO" CONSTRUCTIO~ MANAGEMENT EDITION . JUNE 1980 EDITION . AlAe . ill 1980 . THE AMERICAN INSTl11.iTE OF ARCHITECTS, 1735 NEW YORK AVE.. NW.. WASHINGTON, D.C. 2000& A201/CM -1980 1 _ING: Unlk:enud photoeopyIng _ us. copyrighll.- end Is subjKllo legal Jlf'OMCUtl9n. 03/21/94 GENERAL CONDITIONS New Detention Facility Offices 00750 - 1 Acceptance of Defect,,'e of Non-Conforming Work. .6.2.2,13.3 Acceptance of Work........... . .95.5,9.8.1,99.1,9.9.3 Access 10 Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.3.6, 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 ADMINISTRATION OF THE CONTRACT............. .2,4.3.3 Agreement, Exlent of ...............................1.1,1.2 All Risk Insurance................................. . .11.3.1 Allowances ...............................,...........4.8 Applications for Payment, Contractors...... .2.3.8,9.2.1,9.3.1. 9.3.3.,9.5.3,9.7.1,9.8.2,9.9.1,9.9.3,9.9.5, 11.3.1, 14.2.2 Applications for Payment, ProJect... .238,2.39,931.9.4.96.1,9.71 Approvals..................... .2.3.18,3.4,4.3.3. 4.5, 4.12.4, 4.12.5,4.12.6,4.12.8,4.13.2,7.7,9.3.2 Arbitralion ....... .2.3.15, 2.3.23, 6.2.5, 7.9, 8.3.1, 11.3.7, 11.3.8 Architect, Definition of .......................... . . . . . . .2.1 Architect, Extent of Authority....... .2.3, 3.4, 4.12.8, 5.2, 7.7.2, 8.1.3,8.1.4.8.3.1,9.2. 9.3.1, 9.4, 9.5.3, 9.6, 9.8,9.9.1,9.9.3. 12.1.1,12.1.4,12..3.1,12.4.1,13.1.13.2.1,13.2.5,14.2 Architect, limitations of Authority and Responsibility .....2.3.2 through 2.3.5,2.3.13 through 2.3.18, 2.3.22, 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.,... .2.3.18,3.4,4.5,4.12.6,412.8,4.18.3 Architect's Authority 10 Reject Work .... .2.3.16, ".5, 13.1.2. 13.2 Architect's Copyright. .... . .............. . .. .. . ... , .. .. .1.3 Architect's Decisions............. .2.3.10 through 2.3.16, 7.7.2, 7.9.1,9.2,9.4,9.6.2,9.8.1,12.1.4,12.3.1 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, 1l.~ Architect'S Interpretations. ...... . .2..3.10 through 2.3.13, 12.3.2 Architect's On-Site 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, 2.3.13,2.3.16.4.3.3,4.5,4.7.3,4.12.6,4.18,11.3.6 Architect's Relationship with SubcontractoB . ., . ............. .1.1.2, 2.3.16,9.5.3, 9.5.4 Architect's Representations................ .9.4.2. 9.6.1, 9.9.1 Artistic Effect...................... .1.2.3,2.3.14,2.3.15,7.9.1 Attorneys' Fees.......................,.. .4.18.1,6.25,9.9.2 Award of Separate Contracts.......................... .6.1.1 Award of Subcontracts and Other Contracts for Portions of the Work ................ . . . . . . . . . . . . . . .5.2 Boiler and Machinery Insurance ...... .11.3.2 Bonds, lien ........... . . . . . . . . . . . . . . . . . . . .9.3.3, 9.9.2 Bonds, Performance, labor and Material Payment. . .. .7.5,9.9.3 Building Permit. . . . . . . . . . . . . . . . . . . . . . ., . , . . . . . . . . . . . . . .4.7 Certificate of Substantial Complehon ....9.8.1,9.8.2, 9.8.3, 9.8.4 Certificates of Inspection, Testing or Approval.... " . . ....7.7.3 Certificates of Insurance....................... .9.3.2,11.1.4 Certificates for Payment. ProJect....... .2.3.9, 2.3.21, 9.4, 9.5.1. 9.5.5,9.6.1,9.7.1,9.8.2,9.9.1,9.9.3,12.1.4,14.1.1,14.2.2 Change Orders.............. .1.1.1,2.3.19,3.4,4.8.2.3,4.11.1, 5.2.3,7.7.2,8.3.1.9.7,9.9.3.11.3.1,11.3.5,113.7. 12.1,12.2.1,123.1,13.1.2,132.5,1331 Change Orders. Definition of ............ .... .12.1.1 CHANGES IN THE WORk................. .2.3.19, 4.11.1, 12 INDEX Claims for Additional Cost or Time. .. .83.2. 8.3.3, 12.2.1, 12 3 Claims for Damages...... ...... .6.1.1, 6.2.5, 74,8.3.9.6.12 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 .........................., Completion 0/ the ProJect, Substantial..... . .8.1.4.9.8.3,9.8.4, 9.9.4,9.9.5,9.9.6,13.2.1,13.2.2 Completion of the Work, Substantial....... .2.3.21,8.1.1,8.1.3, 822. 98, 942, 9.93, 113.9 Compliance With law, ........... .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, Writlen ................... .2.3.22, 4.14.2, 7.2, 7.6.2, 9.8.1,9.9.2,9.9.3,11.3.9 Construction MaNger. Definition of .., _. . . .. . .... .... .. . . .2.2 Constrvction Manager's Approval............. . .4.10.1, 4.13.2 Constrvction Manager's Additional Services........ .3.4, 7.7.2, 13.2.1, 13.2.5, 14.2.2 Construction Manager's Authoflty and ResponSibility .....2.3.3, 2.35,2.3.16,2.3.10.2322,48.1,4.17.1,4.18.3, 7.7.4,9.2.10.2.5,11.3.6,12.1.4,14.1.1 Construction Manager's Confirmation.................. .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, 2.3.17,4.3.1,4.10.1,4.12.4 Construction Manager's Decisions..............,.. .6.3, 8.3.1 Construction Manager's Determinations. .2.3.3, 6.3.1,7.7.2,8.3.1 Constroction Manager's Interests............... .11,3.1,11.3.2 Construction Manager's Recommendations.. . .2.3.8, 2.3.9, 9.3.1, 9...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 With Contractor. . . . .1.1.2. 2.3.15,2.3.16,3.2.6,4.2.1,4.3.3,4.5.4.7.3, 4.11.1, 4.12.4, 4.12.6, 4.16.1, ..17.1, 4.18. 5.2, 6.2.1, 6.2.2, 7.6.2, 7.7, 7.9.1, 7.9.2, 8.3.1,8.3.2,9.41.9.5.4,98.1,9.9.1,10.2.6,11.1.4,11.3.6 ConstruC\lon Manager's Relationship With Subcontractors.................. .1.1.2,2.3.16,5.3.1 Construclion Manager's Review............ .2.3.8,2.3.17,5.2.1 Construction Schedule. Contractor's. . . . . . . . . . . . . . . . . . . . .4.10 Contract. Definition of .... ............... . ... .1.1.2 Conlract Adm,nlstrallon . . . . . . . . . . . . . . . . . .. .......2.3, 4.33 Contract Award and Execution. Cond.lions Relating 10..... .4.7.1, 4.10, 5.2, 7.5,11.1,113.4 CONTRACT DOCUMENTS .........................,...,.1 Contract Documents, Copies Furnished and Use of ... . '. . . . . . . . . .1.3, 3.2.5. 5.3 Contract Documents. Definition of ..............,..... .1.1.1 Contract Modificallons .......,.....,............ .. .1.1.1, 12 Contract Sum, Definition of .... ... . . . . . . . . . . . . . . . . . . . . .9.9.1 Contract Termination'. .. . . . ....14 Contract Time, DefinItion 01 . . .' .......8.1.1 CONTRACfOR . . . .. . . .....4 Contractor, DefinItion 01 ......... . .4.1,6.1.2 Contractor's Construction Schedule. .... . .. .. . .. ., . .... .4.10 2 A201/CM-1980 AtA DOCUMENT A101/CM . GENERAL CONDITIO"S Of THE CONTRACT rOR CONSTRUCTIO" CONSTRUCTION MANAGEMENT EDITION . jL.:'<E 1m EDITION' AlA- . IS) 19/1O . THE AMERICAN INSTITUTE OF ARCHITECTS 17)S 'olE" YORK AYE.. N W , WASHINGTON. DC. 1OXl6 . WARNING; U_ photocopying vIoa.t.. US. copyri~ht _ and Is lIUbIect 10 legal ptOMCUtlon. 03/21/94 2 GENERAL CONDITIONS New Detention Facility Offices 00750 Conlractors Emplo,ees . .... .432, ~ 4~. 4.8.1, 4.9, 4.18, 10.2.1 through 10.2.4,10.2.6,10.3.11.1.1 Contractor's liabIlity Insurance.... ....... ............. .11.1 Contrac1or's Relationship wIth ArchItect. . . . . .1.1.2, 2.3.5, 2.3.6. 2.3.13,2.316,4.3.3.4.5,4.7.3,4.12.6,4.18,11.3.6 Contractor's Relationship with Construc1ion Manager..... 1.1.2, 2.3.15,2.3.16,3.2.6,4.2.1,43.3.4.5.4.7.2,4.11.1,4.12.4, 4.12.6,4.16.1.4.17.1.4.18,5.2,6.2.1.6.2.2,7.6.2, 7.7, 7.9.1. 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 Owners Forces .. . . . . . . . . . . . . . . . . .3.2.7, 6 Contractor's RelatIonship With Subcontractors.......... 1.24.5.2,5.3,9.5.2,11.3.3,11.3.6 Contractor's Representalions .. .12.2, ~5. 4.12.5. 9.3.3 Contractor's Responsibility lor ThOle 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 Contrac1or's Right to Terminate the Contract. . .. .., . .. ...14.1 Contractor's Submittals.............. .2.3.18, 4.10, 4.12, 5.2.1. 5.2;3,9.2,9.3.1,9.8.1,9.9.2,9.9.3: Cont~ctor's Superintendent. . . . . .. . . . .. . . .. ... . . . .4.9, 10.2.6 Contractor's Supervision and Construction Procedures. . . . . . . . . .1.2.4, 2.3.5, 4.3, 4.4, 10 Contractual liability Insurance........................ 11.1.3 Coordination and Correlation......... 1.2.2,1.2.4,4.3.1,4.10.1, 4.12.5,6.1.3,6.2.1 Copies Furnished of Drawings and Speciflcallons ..1.3,3.2.5,5.3 Correction of Work ..................... 3.3, 3.4, 10.2.5, 13 2 Cost, Definition of ................................. .12.1.4 Costs...... .3.4, 4.8.2, 4.15.2, 5.2.3, 6.1.1, 6.2.3, 6.2.5, 6.3, 7.7.1, 7.7.2,9.7,11.3.1,11.3.5,12.1.3,12.1.4,12.3.13.1.2,13.2,14.2.2 Cutting and Palching of Work......................... .4.14 Damage 10 the Work........... .4.14.2,10.2.1.2,10.2.7,11.3.1 Damage to Work............ .4.14.2, 4.18.1, 6.2.4, 6.2.5, 9.6.15, 10.2.1.3.10.2.2.102.5.10.3,13.2.6 Damages, Claims for.. ..... .......... .6.1.1,6.2.5, 7.4,9.6.1.2 Damages for Delay......................... .6.1.1,8.3.4. 9.i Day, Definition of .... ...... ......................... .8.1.5 DeCISions of the Architect........ .2.3.10 through 2.3.16, 7.7.2, 7.9.1,9.2,9.4,9.6.1,9.8.1,12.1.4,12.3.1 DeCISIons of the Construction .\lanager ..... ....... . .6.3. 8.3.1 Defective or :>oon.Coniormlng Work, Acceptance. Rejection and CorreClion oi . . ... .2.3.4,2.3.16,3.3, 3.4,4.5, 62.2,6.2.3,9.6.1.1,9.9.4.2,13 Deflnitoons ...............11, ~.1. ~2. 3.1,41.4.12.1 through 412.3.51,61 C. 81, 9.11. lel1, le.14 Delays and ExtenSIons 01 Time ..........................8.3 DIsputes................ .23.12, 2.3.15.2.3.23,6.25.6.3,7.9.1 Documents and Samples at the Site.................... .4.11 Drawings and 5peclhcallons, Use and Ownership of . . . . . . .... . . .1.3, 3.2.5, 4.11, 5.3 Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3.2.3 Emergencies ..........,............................. .10.3 Employees, Contractors 4 3.2, ~.4.4, ~.8.1, ~.9, 4.18, 10.2.1 through 10.24, 10.26. 10.3, 11.11 Equipment, Labor, Materials and..... .1.1.1, 4.4, ~.5, 4.12, 4.13. 4151.6.2.1.9.32,9.3.3,9.6.1.3,9.9.2, 10.2.12.11.3.1,12.1.4.13.2.2,13.2.5,14 Execulion and Progresl of the Work........ .1.1.3,1.2.3,2.3.4, 2.3.5,2.3.11,4.2,44.1,4.5,4.7.1,6.2.2,7.9.3, 8.2.2,8.3.1,8.3.2,9.6.1,10.2.3,10.2.4,14.2 Execution, Correlation and Intent of the Contract Documents.. ..... .. . . .. ........ .1.2, 4.7.1 Extensions of Time..., . . . .... ..... ....... .8.3, 12.1.1, 12.1.2 Failure of Payment by Owner...................... .9.7,14.1 Failure of Payment of Subcontractors. . . . . .9.6.1.3, 9.9.2, 14.2.1 Failure to Carry out the Work. . . . . . .... ... . .... ...... . .2.3,5 Final Completion and Final Payment.. .2.315.2.3.21,9.9,13.3.1 FinanCial Arrangements, Owner's...................... .3.2.1 Fire and Extended Coverage Insurance.. .............. .11.3.1 Governing Law ..................................,.....7.1 Indemnification....................... .4.17, 4.18, 6.2.5, 9.9.2 Identificallon of Contract Documents ............. . . . . . .1.2.1 Identification of Subcontractors and Suppliers........... .5.2.1 :nfarmatioll and Services-. Rea.ulfed. o~" the Owner. . .. .... . . . ~ . ., . . . . . . . . ..3.2, 6.1,9,11.2,11.3 Inspections............. .2.3.16,2.3.21,4.3.3,7.7,12.1.2,9.9.1 Instructions to Bidders........... ............. ...... ..1.1.1 Instructions to the Contractor..... . ... .2.3.2, 3.2.6, 4.8.1, 7.7.2, 12.1.2,12.1.4 INSURANCE..................................... .9.8.1,11 Insurance, Contractor's LiabIlity ....................... .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 to Partial Occupancy. . . . .11.3.9 Insurance Companies, Settlement With. . . . ... . . . . . . . . . .11.3.8 Intent of the Contract Documents............. .1.2.3,2.3.10,2.3.13,2.3.14,12.4 Interest ..............................................7.8 Interpretations, Written......, .1.1.1, 2.3.11, 2.3.12, 2.3.13, 12.4 Labor, Matenals and Equipment. . . ... .1.1.3,4.4,4.5,4.12,4.13, 4.15.1. 6.2.1, 9.32. 9.3.3. 9.6.1.3, 9.2.2, 10.2.1.2, 11.3.1,12.1.4.13.2.2,13.2.5,14 Labor and Material Payment Bond. ... ............... ... .7.5 Labor DIsputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . .8.3.1 Laws and Regulations.... .... .1.3,2.1.1.4.6,4.7.4.13,7.1, ~.6.1 7.7.1,10.2.2, 14 Liens .......... . . . . . . . . . . . .9.3.3, 9.9.2, 9.9.4.1 LimitatiOns 01 Authority. . .... . ... . .. .., . .2.3.2, 11.3.8, 12.4.1 limitations 01 L.abtllty ... . ..... . .2.3.13, 2.3.16, 2.3.18, 3.3, 4.2, 4.7.3,4.12.6,4.17.4.18,6.2.2,7.6.2,9.4.2, 95.4,9.9.4,9.9.5,10.2.5,11.1.2, '1.3.6 limitations 01 Time, General....... .2.3.11,2.3.18,3.2.1, 3.2.4, 4.2,47.1,4.7.3.4.12.4,4.15.1,5.2.1,5.2.3,6.2.2,7.4, 7.7,7.9.2,8.2,9.5.2.9.6.1,9.8,9.9,11.3.1,11.3.4, 11.3.9, 12.1.4, 12.4,13.2.1, 13.2.2.13.2.5 llmltallons 0; Time. SpeCific . .3.4,4.10,7.9.2,8.2,8.3.2, 833,92.931,9.41,9.5.1,91,11.1.4,11.3.8. 122.12:31.132.2,132.7,14.1,14.2.1 limitations, Statutes 01 ...................7.9.2, 13.2.2, 13.2.7 loss of Use ImurJnce ............................11.4 .0.,.0. DOCUMENT A21l1/CM . GESER'L CO...OITIOSS Of THE CONTRACT fOR CONSTRUCTIOS CO...STRUCTION "'-,.NAGE"EST WI110.... . IJ..!"'E 1980 WITIO... . AlA" . <<i 1980 . THE AMERIC...... I...SlITUTE Of ARCHITECTS. T'); "EW 'ORK AVE. ... w. WASHI'CTO" 0 C ,u>JO A201/CM-1980 3 WARNING: UnliunSed photocopying vIola'es US. C09V"llhtl..... and's subject '0 legal prosecution. 03/21/94 3 GENERAL CONDITIONS New Detention Facility Offices 00750 Mate"als, labor and Equipment .... .1.1.3, ~4, 4.5, 4.12.413, ~.15.1. 6.2.1,"9.3.2. 9.3.3, 96.1.3. 9.92. 10.2.1.2,11.3.1,12.1.4,13.2.2,13.2.5.14 Material Suppliers....................... .4.12.1, 5.2.1, 9.3.3 Means. Methods, Techniques. Sequences and and Procedures of Construction. . . . . . . . .2.3.5, 4.3.1. 9.4.2 Minor Changes in the Work..... .1.1.1,2.3.19, 12.4 MISCElLANEOUS PROVISIONS ........................... 7 Modifications, Definition of .....,.................... .1.1.1 ModificatIOns to the Contract .. .1.1.1,112,23.2,2.322, 4.11.1.4.7.3. '12 Mutual Responsibility ..................................6.2 ....on-Coniormlng Work, Acceptance 0; Deiect"e or . .. .13.3 NotICe, WrItten ........... .2.3.11.2.3.15.4.2. 4.7.3, 4.7~, 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, 9.4.1.9.6.1,9.7,9.9.1.9.9.5,10.2.6,11.1.4,11.3.1. 11.3.S, 11.3.7, 11.3.6, 12.2, 12.3, 13.2.2, 13.2.5, 14 Notices, Perm.ts, Fees and............ .2.3.2,4.7,4.13.1,10.2.2 Notice of Testing and Inspections '. . . . . .. ... .. . . . . . . . . .. . .7.7 Notice to Proceed................................... .8.1.2 Observations, Contractor's...................... .1.22,4.7.3 Occupancy........................ .6.1.3.6.1.4,9.5.5,11.3.9 On-Site Inspections by the Architect.......... .2.3.16,2.3.21,9.4.2,9.8.1,9.9.1 On-Site Observations by the Architect. . . . . . . .2.3.4, 2.3.6, 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, 12.4.1, 13 I OWNER ...............................................3 Owner, Definition........,......,..............,..... .3.1 Owner, Information and Services Required of the,........ .3.2, 4.7.1,6.1.3.6.2.9,11.2,11.3 Owner's Authority................. .2.3.21, 7.7.2,9.3.1, 9.3.2, 9.8.1.11.3.8,12.1.2,12.1.4 Owner's Financial Capability ....,.....................3.2.1 Owner's Liability Insurance ............................11.2 Owner's Relationship With Subcontractors......... .1.1.2, 9.S.4 Owner's Right to Carry Out the Work. . . . . . . . . . . . . .3.4, 13.2.4 Owner's Right to Clean Up ................. ..... .4.15.2,6.3 Owner's Right to Perform \\ork and to Award Separate Contracts. . . . . . . . . . . . O"ner's Right to Terminate the Contract. . Owner's Right to Stop the Worl< .... Ow ne"hlp and Use of Documents . . . . . . . . .6.1 . . .. . .14.2 . . . . .. . .. . .. . .. 3.3 .13, 325, 5.3 Patching 0; War., Cultlng and . .4.14 Patents, Royallies and...... ................ .4.17.1 Payment 60nd, labor and .\\ate".1 .......................7.5 Pa\'ment, Contractor's ApplICatiOns for.... . .2.3.8. 9.2, 9.3, 9.4, 9.53,9.6.1, ').7.1, 9.82. 9.91. 99.5, 14.2.2 Payment, Prolect CertifICates lor .. .2.39.2.3.21,9.4,9.5.1, 95.5.9&.1.9.7.1,982,99.1,9.9.3.12.1.4,14.1.1,1422 Payment, Farlure oi ............... .95.2, 9.61.3. 97. 99.2, 14 Payment, Final....... ..... 2.315, 2.3.21,9.9. 13.31 Pa,'ment'. Progress . . - 8. 793.955 98.2,993, 12.1.4 PAYMENTS AND COMPLETION .................9 Payments to Subcontractors . .9.52. 9.5.3, 9.5.4, 9.6.1.3, 113.3,14.2.1 P.yments Withheld ............. .9.6 Periormance Bond and Labor and \\ate"al P... ment Bond. . .7.5 Permits. Fees and SOt ICes ............. .3.2.3, 4.7, ~.13, 10.2.2 PERSONS AND PROPERTY, PROTECTION Of ............. .10 Product Data, Definition of ......................... .14.2.2 Product Data. Shop Dra.....,ngs. Samples and.. .2.3.18,4.2.1,4.12 Progress and Completion.............. .. .2.3.4. 7.9.3, 8.2 Progress Pa,ments ......... 7.8.7.9.3,9.55.98.2.9.9.3,12.1.4 ProJect, Definition of ............................... .1.1.4 Project Construction Schedule. .. .. ... ... . . . .. . ... .... . .4.10 Pro pert\' Insurance.. .. .11.3 PROTECTION Of PERSONS AND PROPERTY ............. .10 Record Documents .. .4.11 RegulatiOns and Laws.............. .1.3, 2.1.1, ~.6, 4.7, 4.13.1, 7.1, 10.2.2. 14 Rejection of Work....................... .2.3.16,45.1, 13.i Releases of WaIvers and Liens. . . . . . . . . . . . . . . . . . . .9.9.2, 9.9.4 Representations. . . . .... .. . .12.2. 4.5, 4.12.5,9.4.2, 9.6.1, 9.9.1 Reoresentalrves.... .2.1, 2.2, 2.3.2. 2.3.22, 3.1, 4.1,.4.9,.5.1, 9.3.3 Responsibility for Those Performing the Work .....2.3.5, 4.3.2, 6.1.3,6.2,9.8.1 Retainage ......................9.3.1, 9.5.2. 9.8.2, 9.9.2, 9.9.3 Review oi Contract Documents by the Contractor.. , . . . .1.2.2, 4.2, 4.7.3 Reviews 0; Contractor's Submlllals by Owner and Architect.............. .2.3.18,4.10,4.12,5.2.1.5.2.3,9.2 Rights and Remedies............ .1.1.2,2.3.15,2.3.16,3.3, 3.4, 5.3,6.1,6.3,7.6,7.9,8.3.1,9.6.1,9.7, 10.3,12.1.2,12.2, 13.2.2, 14 Royalties and Patents ................................ .4.17 5.lfety of Persons and Property .....,...................10.2 Safety Precautions and Programs..... .. ... ....... .2.3.5, 10.1 Samples, Definition of .............................. .4.12.3 Samples, Shop DraWings, Product Data and . . .2.3.17,2.3.18, 4.2,4.12 Samples at the Site, Documents and................... .4.11 Schedule, Contractor's Construction.. . ... ............. .4.10 Schedule, Project Construction........................ .4.10 Schedule oj Values.. ........ .9.2 Se-parate Contracts and Contractors.... .4.14.2.6,11.3.6,13.1.2 Shop Dra,"ngs. Dei,nltlon . ... .4.12.1 Shop Dr.,,,ngs, Product Data and Samples. ..... .. .2.3.17, 2.318,4.2,4.12 ...... .4.13,6.2.1 .122 234 232,,7 -,981,9.9.1 .... .2.34. 2.3.6, 2.3.9, 7.71, 7 -.4. 9.4.2, 9.6.1, 9.9.1 . . . . .. . .2.3.16, 7.7 ..... .113.5 . .1.1.1, 1.2.4,1.3 .. -.9.2.1322,13.2.7 ..33,97.1,103,141 .621,9.3.2,102.1.2,113.1,13.2.5 . . . . .. . ... ... .5 . .5.1.1 12 ~ 235.43.1,4.3.2 . . . .. . .5.3 .13 2.318.410.412,52.1,523. 92,9.3..9.8.1,9.9.1,9.9.3 Site, Use oi Site 'Inspe(IIOn~ SIt€' \ l'.:lltS,-\rthltect ~ SpeCial Inspection and Testing... SpeCial Hazards Insurance SpeclilCatlons .. . Statutes at LimitatIOns Stopping the \\orl< Stored\\a!e"als SU6CONTRACTORS S;Jbcontractors. Dellnl:iun ni Subcontractors. \\or. b, Subcon1ractual Relation... Submlttal< 4 A201/CM-1980 AlA OOCU....U'T A201/CM . <":P..U;:'-\l (,0'-,101TI0'-\ O~ TH~ CO'fRACT fOR CO'STRLCTIO.... CO"STRLCT1U.... '~.$,""'.\CE"'H"'T EDliIP-": . lL'E 1<.11;11 [D!TIO.... . ^I-\~.' ~. 1980 . THE .\\\lRJC'" l'5TliL Tl Of-\RCHiHCT' '-l'; 'l\\ )OR" .1..\i- ..... \\'. \\....~.-H'GTO'. L) C ~l.X.Xlb WARNING: UnliCensed photocopying violates U.S. copyright laws ond is subject to legol prosecution. 03/21/94 4 GENERAL CONDITIONS New Detention F~cility Offices 00750 SubrogatIOn, W.,ver of ........... .. .. .. .. .11.3.6 Substantial Completion 01 the ProJect. . . . . . . .8.1.4, 9.8.3, 9.8.4, 9.9.4,9.9.5,9.9.6,13.2.1; 13.2.2 Substantial Completion of the ProJect, Definilion of ......8.1.4 Substantial Completion of the Work....... .2.3.21,8.1.1,8.1.3, 8.2.2,9.4.2,9.8,9.9.3,11.3.9 Substantial Completion of the Work, Definition of ..... .. .8.1.3 Substitution of Subcontractors. . . . . . . . . . . . . . . . . . . .5.2.3, 5.2.4 Substitution of the Architect..... ...... ....... . .. .. .. .2.3.23 Substitution of the Construction Manager ..............2.3.23 Substitutions of M.Jtenals .. . .45. 12.1.4 Sub.subcontractors, Definition 01 ..... . . . . . . . . . . . . . . . . . .5.1.2 Subsurface Conditions ...............................12.1.1 Successors ar)d Assigns ............................ . . . . .7.2 SuperviSion and Construction Procedures.. .. .. .1.2.4,2.3.:;, 4.3, 4.4, 10 Supenntendent, Contractor's. , . . . . . . . . . . . . . . . . . . . .4.9, 10.2.6 Surety, Consent of ......,.......................9.9.2, 9.9.3 Surveys. . , . . . . . . . . . . . . . , . . . . . . . . . . .. . . . . . . . . . .3.2.2, 4.18.3 -:' ues. .. .. . . . ." . . . . . . . . .'. . . . . . .. ... . . . . . . . . . . . . . . . . . . . 4.5: Termination by the Contractor. . .. . . . . . . .. . .,. . . . . . . . . .14.1 Termination by the Owner.............. ..............,14.2 Terminalion of the Architect.... .... .... ,..... .. .... .2.3.23 Termination of the Construction .\Ianager ............. .2.3.23 TERMINATION OF THE CONTRAa .. .. . . . , ... . , . .. .. . . . .14 Tests............................... .2.3.16.4.3.3,7.7,9.4.2 TIME ...................,..............................8 Time, Definition of ................................... .8.1 Time, Delays and extensions of ......... .8.3, 12.1, 12.3, 13.2.7 Time l,m'l'. Specl'1C . . . . .3.4, 410, 7.92, 8.2, 8.3.2. 83.3,9.2,9.3.1,9.4.1,9.5.1,9.7,11.1.4. 11.3.8,12.2,12.3.1,13.2.2,13.2.7,14.1,14.2.1 Title to Work ..................................9.3.2, 9.3.3 UNCOVERING AND CORREalON OF WORK. . . . . . . . . . . . .13 Uncovering ot Work ................................. .13.1 Unjorseen ConditiOns........................... .8.3.1,12.2 Unit Pnces ....... .................... ..12.1.3.2, 12.1.5 Use oj Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . .1.3, 3.2.5, 5.3 Use 01 Site ......... .4.13,6.2.1 Values, Schedule at ........,...........................9.2 W,,\er 01 CI.Jlms b\ Ihe Conlractor ... .7.6.2,8.3.2,9.9.5,11.3.6 Waiver oj Claims by the Owner..... .7.6.2,9.9.4,11.3.6,11.4.1 Waiver of Liens ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.9.2 Warranty and Warranties. . . . . . . . . . . . . .2.3.21, 4.5, 9.3.3, 9.8.4, 9.9.4,13.2.2,13.2.7 Weather Delays ... . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.3.1 Words, Re.:ognizect Meaning or . . . . . . . . . . . .. . . . . . . . . . . .1~2.3 Work. Definition of ................................. .1.1.3 WORK BY OWNER OR BY SEPARATE CONTRAaORS .......6 Wntten Consent......... .2.3.22,414.2,7.2,7.6.2,9.8.1, 9.9.3 Wntten InterpretallOns .................. .1.1.1.2.3.11,12.3.2 Wntten SotlCe ...... .2.3.11,2.3.15,4.2,4.7.3,4.7.4,4.9,4.12.6, 412.7,5.2.1,7.3,7.4,7.7.2.7.9.2,8.1.2,8.3.2,8.3.3,9.4.1, 9.6.1,9.7,9.9.1,10.2.6,11.1.4,11.3.1,11.3.5,11.3.7, 11.3.8,12.2,12.3,13.2.2,13.2.5,14 Writlen Orders....... ........... .3.3,4.9, 12.1.4, 12.4.1, 13.1 "'" DOCUMENT "201/CM . GE"ER"l CO"OITIO",S Of THE CO"TR.~CT 10~ CONSTRUClIO" CO"-'STRUClIO.... M"'''''''AGEMENT EDITIO"" . Ju:-..E 1980 EDITlO" . AIA~ . [: 1980 . THE "MERIC"'" '''ST'TUTE 01 "RCHITECTS 1:)5 NEW YO~' WE ... '" "'''SHI''CTO'''. DC XC<1b A201/CM-1980 5 WARNING: Unlicensed photoc:upying violates US. copyright laws and Is subject to legal prosecution. 03/21/94 5 GENERAL CONDITIONS New Detention Facility Offices 00750 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 CONTRACT DOCUMENTS 1.1 DEFINITIONS 1.1.1 THE CONTRAO DOCUMENTS The Contract Documents consist of the OwneT.Contractor Agreement, the Conditions of the Contract (General. Sup. plementaty and other Conditions), the Drawings, the Specifications, and all Addenda issued pnor to and all Modli,cations issued aiteT execution of the Contract. A Modification is (1) a written amendment to the ContTact Signed by both paTties, 121 a Change Order, 131 a wntten interpretation Issued by the Architect pursuant to Sub. paragraph 2.3.11, or (4) a written order for a minor change In the Work issued by the Archrtect pursuant to PaTagraph 12.4. The Contract Documents do not include Bidding Documents such as the Advertisement or Invita. tion to Bid, the Instructions to Bidders, sample fOTms, the Contractor's Bid or portions of Addenda relating to any of these, or any other documents unless specifically enu- .-nerated in the Owner-Contractor Agreement. 1.1.2 THE CONnAa The Contract Documents form the Contract for Construc. tlon. This Contract represents the entire and Integrated agreement between the parties hereto and supeTsedes all pnor negotiations, representations or agreements, either written or oral. The Contract may be amended or modi- fied only by a Modification as defined in Subparagraph 1.1.1. The Contract Documents shall not be construed to cr~te any contractual relationship of any kind between the Architect and the Contractor, between the Construc- tion Manager and the Contractor or between the Archi- tect and the Construction Manager, but the Architect and the Construction Manager shall be entitled to perform. ance of the obligations of the Contractor intended for their benefit and to enforcement thereof. Nothing con. tained in the Contract Documents shall create any con- tractual relationship between the Owner, the Construe. tion Manager or the Architect and any Subcontractor or Sub.subcontractor. 1.1.3 THE WORK The Work comprises the completed construction required of the Contractor by the Contract Documents, and in- cludes all labor necessaty to produce such construction, and all materials and equIpment incorporated or to be Incorporated in such constructIOn. 1.1.4 THE PROIEa The Project. as defined in the OwneT.Contractor AgTee- ment. is the total construction of which the Work per. formed under the Contract Documents is a part. 1.2 EXECUTION, CORRELATION AND tNTENT 1.2,1 The Conlract Documents shall be Signed In not less than quadruplICate bv the O"ner and the ContraCIOT. If either the Owner or the Contractor or both do not sign the ConditIons of the Contlact. Drawings, Specifications or an, 01 the other Contract Documents, the ATchltect .hall Ident,I' such Documents. 1.2.2 ExecutIon 01 the Contract bv the Contractor is a representation that the ContractoT has \ Isiled the site, be. come familiar With the local conditions undeT which the. . Work is to be periormed, and has correlated personal observatIons wilh the requirements of the Contract Docu- ments. 1.2.3 The Intent 0\ the Contract Documents IS to include all Items necessarv ior the proper executIon and comple. tlon oi the Work. The ContTact Documents are comple. mentarv, and "hat I' reqUired b, am one 'hall be as binding as Ii required by all. \'vork not co\ ered In the Contract Documents will not be requ.Ted unless it is con. sistent theTewlth and is Teasonablv In'ferable therefrom as being necessary to produce the intended results. VVords and abbreyialions which have well.known technical or trade meanings aTe used in the Contract Documents in accordance with such recognized meanings. 1.2.4 The organization of the Specliications into divi. sions, sections and a~lIc1esi .Ind' the arr.lngemenr oi Draw- ings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed bv any trade. 1.3 OWNERSHIP AND USE Of DOCUMENTS 1.3.1 All Drawings, Specifications and copie, thereof furnished by the Architect are and sh]1I remain the prop. erty of the Architect. They are to be used only with reo spect to this Project and are not to be used on any other project. With the exception of one contract set for each party to the Contract, such documents are to be retuTned or suitably accounted for to the Archilect on request at the completion of the Work. Submission or distribution to meet official regulatorv requirements or ior other pur. poses in connectIon with the Project IS not to be con. strued as publication in derogatIon of the Architect's common law copyright or other reseT\'ed ri~hts. ARTICLE 2 ADMINISTRATION OF THE CONTRACT 2.1 THE ARCHITEO 2.1.1 The Architect is the person lawfully licensed to practICe archltectuTe, or an entliv lawiully practICing ar. chitecture, identified as such In the OwneT-Contractor Agreement. The teTm Arch,tect means the Architect or the Architect's authorized Tepresentallye 2.2 ,THE CONSTRUOION MANAGER 2.2.1 The ConstTuction\\anager IS the person or entit, identIfied as such in the Owner.ContTactor Agreement. The term Construction Manager means the Construction \\anager OT the Construction ,"'anager'; authoTized representat:\€ 2.3 ADMINISTRATION Of THE CONTRACT 2.3.1 The "'rch,tect and the Construction \\anager will A201/CM - 1980 6 "I" DOCUMENT A2tl/CM . GE"ER"l CO."011l0"S 01 THE CO"TR.~CT fOR CO"HRUCTIO-' CO"STRUCTION MA""GE"'ENT fDiTlON . JUNE 1980 EOITiO'-' . "I"" . <r 1980 . THE ^"'E1UC"" '''STITUTE Of ~RCHIHC1S 1'35 "EI' YORK ^\'E "II \\ ~SH"GTO" 0 C :'()(X\h WARNING: Unlicensed photocopying viol.t" U.S. copyright laws.nd is subject to legal prosecution.. 03/21/94 6 GENERAL CONDITIONS New Detention Facility Offices 00750 provide administration of the ContTact as hereinafter de~crobed 2.3.2 The Arch,tect and the COnstTuCtlOn ,\-\anager \\ r11 be the Owner's representatives during construction and untol final payment to all contractors is due. The Archi. tect and the ConstTuct.on ,\-\anager ,,011 ad\ Ise and con. sult wIth the Owner. All .nstructlons to the Contractor ~hall be forwarded through the ConstructIon ,\1anageT. The Ar~hitect and the Construction Manager will have authoTit'y to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by wrotten instrument in accordance with Sub. paragraph 2.3.22. 2.3.3 The Construction ManageT will determine .n gen- eral that the Work of the Contractor is being perfoTmed in aCCDTdance with the ContTact Documents. and woll en. deavor to guaTd the Owner agaInst detects and detiClen. cies in the Work of the Contractor. 2.3.4 The Architect wtll visit the site at intervals appro. proale to the stage ot construction to become generally familiar with the progTess and quality of the Work and to determine in general if the Work is proceeding in accord. ance with the Contract Documents. However, the Archi. tect will not be required 10 make exhaustive or con- tinuous on-site inspections to check the quality Ot quan~ tity of the Work. On the basis of on-sire observations as an architect. the Architect will keep the Owner informed oi the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the WOTk oi the Contractor. 2.3.5 Neither the Architect nor the Construction Man. ager will be responsible for or have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and neither will be respon- sible for.the Contractor's failure to carry out the Work in accordance 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, SubcontTactors, or any of their agents or employees, or any other persons performing anv of the Work. 2.3.6 The Architect and the Construction Manager shall at all times have access tei the Work wherever It is in preparation and progress. The Contractor shall proVide facilities for such access so that the Architect and the Construction Manager may perform their functions under the Contract Documents. 2.3.7 The ConstructIon ManageT W 011 schedule and COOT' dinate the WOTk of all contractoTs on the ProJect .nclud- ing their use of the site. The Construction ManageT will keep the Contractor informed of the Project ConstructIon Schedule to enable the ContTactor to plan and perform the Work properly. . 2.3.8 The Construction Manager will review all Applica. tions for Payment by the Contractor, .nciuding final pay. ment, and will assemble them with Similar applications iTom other contTactors on the Project into a combined Project Application fOT Payment. The Construction Man. ager will then make recommendatIons to the Architect for certificahon for payment. 2.3.9 Based on the ATchitect's obseTvations, the recom- mendations of the Construction Manager and an evalua- tion of the Project Application ior Payment. the Architect will determine the amount OWing to the ContractoT <lnd "dl i"ue a PrOject Certificate for Payment IncorporatIng such amount, as pro\ ided In Paragraph 'j4 2.3.10 The ATch,tect will be the Interpreter of the re- qUlfements oi the Contract Documents and the judge of the pertoTmance thereundeT by both the O\\neT and the ContractOr. 2.3.11 The Architect will render interpTetations neces- sary for the proper execution or progress of the Work, With reasonable promptness and in accordance with agreed upon time limits. EitheT paTtv to the ContTact may make \\ rotten request to the Architect for such interpreta- tions. 2.3.12 Claims, dISputes and other matters in question between the ContTactoT and the Owner relat.ng to the execution or progress of the Work or the interpretation of the Contract Documents shall be referTed initially to the Architect for decision. After consultation With the Construction Manager, the ATchitect will render a deci. sion in writing within a reasonable time. 2.3.13 All interpretations and decisions of the Architect shall be consistent with the intent of and reasonably in- lerable- 'from the Contract Documents ;;nd- wtll be in .....HI'" ing or in graphic form. In this capacity as interpreter and judge, the Architect will endeavor to secure faithful per- formance by both the Owner and the ConlTactoT, will not show paTtiality to either, and wrll not be liable fOT the Tesult of any inteTpretatlOn or deCISIon rendeTed 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 Architect through the Construction Manager, except those Telating to artistic effect as provided in Subparagraph 2.3.14 and those ~hich have been waived by the making or acceptance of final payment as provided in Subpara- graphs 9.9.4 through 9.9.6, inclusive. shall be subject to aTbltratron upon the written demand of either party. However, no demand for aTbitration of any such claim, dISpute or other matter may be made untrl the earlier of \ 1) the date on which the ArchItect has rendered a Wflt. ten deCIsion, or (2) the tenth day after the parties have presented their evidence to the Architect or have been gl\('n a reasonable opportunity to do so. rf the Architect ha, nol rendered a wfltten decl"on h\ Iha I date. When ,uch a wTitten deciSion of the Archrtect 5lates (1' that the deciSion is final but subject to appeal. and (2) that any demand fOT arbitration of a claim. dispute OT other matter covered bv such decision must be made WIthin thirty days after the date on whICh the party making the demand re- ceives the written decision, failure to demand aTbilTation within said thirty day period will result," the Architect's decision becoming final and blnd,"g upon the Owner and the ContTactor. If the Architect renders a decision after arbitration proceedings have been initiated, such deCIsion may be entered as evidenc(' but \\'.11 not supeT- ,ede any arbitTation proceedIng' unle", :he decision IS acceptable to all partIes conceTned 7 A201/CM -1980 "'" DOCUMENT "201/CM . GENERAL CO'<OITlONS 01 lHE COS1RACT FOR CONS1RlJCTlO" CO~STRt:CTION MANAGEME~T EDITION . JUNE 1960 EDITION . AI"" . <919M . THE '.MERIC"" INS11TUTE 01 A~CH1TEC1, 1:J5 "EIV YORK AVE. '< \\ . ".,HI"Gl0" OC ,lJ()()!.. WARNING: Unl~ photocopying viola'" US. copyright _ and Is subject to legal prosecution. 03/21/94 7 GENERAL CONDITIONS New Detention Facility Offices 00750 2.3.16 The Architect will have au thoro tv to reject Work which does not conform to the Contract Documents. and to requlfe speCIal Inspection or testing. but will take such action onlv after consultatIon with the ConSlruction\~an. ager. SubJect to revIew by the ATchilect the Construction Mana~er will have the authoTltv to relect Work which does not conform to the Contract Documents. Whenever, ,n the Construction Manager's OpinIOn, It is conSIdered necessary or advisable fOT the ImplementatIOn of the in. tent of the Contract Documents. the Construction Man. ager will have authority to reqUire special inspection ur testing of the Work in accordance with SubpaTagraph 7.72 whether or not such Work be then fabricated, in- stalled OT completed. The foregOIng authoTitv of the Con- qTUCtlOn Manager will be sub,ect to the pToviSlon< of Subparagraphs 2.3.10 through 2.3.16, inclusive, with reo spect to Interpretations and decl<lons of the Archrtect HoweveT, neither the Architect's nOT the Construction Manager's authority to act under this Subparagraph 2.3.16. nor any decision made bv them in good faith either to exercise or not to exercise such authority shall give flse to any duty or responsibility of the Architect or the Con. struction Manager to the .Contractor. any SubcontractoT, any of their agents or employees, or any other person performing any of the Work. 2;3.17 The Construction Manager will receive from the Contractor and review all Shop Drawings, Product Data and Samples. coordinate them with information contained in related documents. and tTansmit to the Architect those Tecommended fOT approval. 2.3.18 The Architect will rev'ew and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and the information given in the Contract Docu- ments. Such action shall be taken with reasonable prompt- ness so as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.3.19 Following consultation with the Construction Manager, the Architect will take appropriate action on Change Orders in accordance WIth ArtIcle 12, and will have authority to ordeT mInor changes in the Work as provided in Subparagraph 12.4.1. 2.3.20 The Construction Manager will maintaIn at the PToject site one record copy of all ContTacts, Drawings, Specifications, Addenda, Change OTders and other Modi. fications pertaining to the Project. in good oTdeT and marked currently to recoTd all changes made during construction, and approved Shop DraWIngs, Product Data and Samples. These shall be available to the Arehi. tect and the Contractor, and shall be delivered to the Architect for the Owner upon completion of the PrOject. 2.3.21 The Construction ManageT will assist the Archi. tect in conducting inspections to determine the dates of Substantial Completion and final completion, and will receive and fOTward to the Owner for the Owner's revIew wrotten warranties and related docu'ments reqUIred by the ContTact and assembled b\ the ContTactor The Architect w,ll issue a final Project CertifIcate fOT Payment upon compliance with the requirements ot ParagTaph 9.9. 2.3.22 The duties, responsibililies and I,mltatlom of authoTitv of the Architect and the Con.lruct:on '\\.In.1ger as the O"ner \ representatl\es durtn~ ,..,.,-true: on a' .et forth In the ContTact Documents. "ill ,""t be mc'd'lled or extended WIthout "'fltten consent ut 111~ 0" ner. lhe Con. tractoT, the Arch,tect and tne Con,truCllon .\\ana~er, which consent ,hall not be unrealonab,\ '0\ Ilhheld Failure of the ContTactor to respond" Ilh,n :en da\ s to a \\ IItlen request shaH constitute consent b\ the Contractor 2.3.23 In case of the teTmination 01 the emplo\ ment of the Arch,tect or the Construction Manager. the Owner shall appoint an architect OT a constTuctlon manageT agaInst whom the Contractor makes no reasonable objec- tIon ana "hose status under the Contract Documents ,hall be that of the former architect or con,trucl:on man. ager. respectivelv. Anv dispule In connection \\ Ilh such arpolntment- ;hall be sublect :0 <l'b'l'-'I:on ARTICLE 3 OWNER 3.1 DEFINITION 3.1.1 The Owner is the person or entIty identified as such in the Owner-ContTactoT Agreement. The teTm Owner means the Owner or the Owner's authorized representative; 3.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 3.2.1 The Owner shall, at the request 01 the Contractor. at the time of execution of the 0" neT.ContractoT Agree. ment furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the ContTact. Unless such reasonable evidence is furnished, the Contractor is not required to execute the Owner.Contractor Agreement or to commence the Work. 3.2.2 The Owner s'hal! furnish all surveys describing the physical characteristics. legal limitations and utility loca- tIOns for the site of the PToject, and .J legal descllption of the site. 3.2.3 Except as provided in Subparagraph 4.7.1, the Owner shall secure and pay for necess.Jrv approvals. ease. ments. assessments and chaTges requlfed ior the construc- tion. ule or occupancy of permaneni -[ructures or for permanent changes In exisling tacd,tle' 3.2.4 Information or servicel under the 0\\ ner'1 control shall be furnished by the Owner with rea<onable prompt. nell to avoid delay in the OTderl\ rrn~'e" oi Ihe Work. 3.2.5 Unless otherwIse provided In Ihe Contract Docu. ments, the Contractor will be iurnlshed tree or chaTge. all' copIes of DTawings and SpeCificatIons reasonablv nee. essary fOl the executIOn of the \\ork 3.2.6 The OwneT shall forv.'ard ~II tnst'ucticins 10 the ContTactor through the Constructlon\\anageT. With simul. taneous notification to the Architect. . 3.2.7 The ioregolng aTe in addition to other duties and responSibilities of the OwneT enumerated herein and es. peclall\ those In respect to \\ ork B\ 0\\ ner or B\ Sepa. rate Contractors, Pa\ ments .lnd Complellon and Insur. ance In ATticles 6. 9 and 11. re-pecll\ei\ "'" OOCUMENT "201/CM . GE"ERAl CO"01110NS 01 THE CO"IRACT FO~ CO"SIWCTIO" CO~STRUCTlO" MANAGEMENT EOITlON . IUNE 1980 EOITION . "'AI . @ 19i!() . THE "MERICA" '''STlTUTE Of "RCHITECTS, T:]5 "E\\' YORK ,,\'E "W W~SH"Gl0' O.c.::oco- A201/CM -1980 8 WARNING: Unlicensed photocopy I"", vlolstes US. copyright laws and is subject 10 legal prosecution. 03/21/94 8 GENERAL CONDITIONS New Detention Facility Offices 00750 3.3 OWNER'S RIGHT TO STOP THE WORK 3.3.1 If the Contractor fails to COTrect defective Work as Tequrred by ParagTaph 13.2, or persIstently fails to carry out the Work in accoTdance wIth the Contract Docu. ments. the Owner, by a wTitlen oTder signed peTsonallv or by an agent specifically so empowered by the Owner in wTlting. may order the Contractor to <top the \....ork, or am portion theTeof. until the cause tor such oTder has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the OwneT to exercise this right for the benefIt of the Con- tractor or any other person or enllty. except to the extent required by Subparagraph 6.1.3. 3.4 OWNER'S RIGHT TO CARRY OUT THE WORK 3.4.1. If the Contractor defaults or neglects to carry out the WOTk In accordance with the Contract Documents. and iails w,th,n seven days after Teceipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after seven days lollowlng receipt by the Contractor of an additional written notice and without prejudice to any other remedy the Owner may 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 deficiencies, including compensation for the Architect's and the Construction Manager's additional services made necessary by such default, neglect or fail- ure. Such action by the Owner and the amount charged to the Contractor are both subject to the prior approval of the Architect, after consultation with the Construction Manager. If the payments then or thereafter due the Con- tractor are not sufficient to cover such amount, the Con- tractor shall pay the difference to the Owner. ARTICLE 4 CONTRACTOR 4.1 DEFINITION 4.1.1 The Contractor is the person OT entity identified as such in the Owner.Contractor Agreement. The term Con. tractor means the ContractoT or the Contractor's author- Ized representative. 4.2 REVIEW OF CONTRACT DOCUMENTS 4.2.1 The Contractor shall caTefully study and compaTe the Contract Documents and shall at once Teport to the Architect and the Construction Manager any error, incon. slstency or omission that mav be d,scoyered. The Con. t'aclor ,hall not be l,able to the O\\ner the Architect or the Construction Manager for any damage resulting from any such erTors. inconsistencIes OT omissions in the Con- tract Documents. The Contractor shall perform no portIon of the Work at any time without Contract Documents or, where required, approved Shop Drawings, Product Data OT Samples for such portion of the WOTk. 4.3 SUPERVISION AND CONSTRUalON PROCEDURES 4.3.1 The ContTactor shall supervise and diTect the Work. uSIng the Contractor's best skill and attention. The ContractoT shall be soleI-- re5ponslble ior all constTuctlon means. methods. techniques. sequence< and proceduTes. dnd shdll coordinate all portions of the WOTk under the Contract, subject to the overdll coordination of the Con- struction .\\anager. 4.3.2 The ContTdctor shall be TC5ponsible to the OwneT tor the acts and omissions of the Contractor's employees, Subcontractors and theIr agents and employees. and any other peTsons pertorming any of the \\'ork under a con. tract With the Contractor. 4.3.3 The Contractor shall not be Telieyed from the Contractor's obligations to perfoTm the Work in accord- ance with the ContTact Documents either by the activities or duties of the ConstTuction ,'v\anager or the Architect in their administration of the Contract, or by inspections, tests or approvals required or perfOTmed under Paragraph 7.7 by persons other than the Contractor. 4.4 LABOR AND MATERIALS 4.4.1 Unless otherwise provided in the ContTact Docu. ments, the Contractor shall provide and pay for all labor, materials. equipment, tools, construction equipment and machinery, wateT. heat, utilities, transportation, and otheT facilities and services necessary for the propeT execution and completion of the Work, whether tempoTary or per- manent and whether or not incorpoTated or to be incor- porated in the Work. 4.4.2 The Contractor shall at all times enforce stri<:t dis- cipline and good order among the Contractor's em- ployees and shall not employ on the Work any unfit per- son aT anyone not skilled in the task assigned them. 4.5 WARRANTY 4.5.1 The Contractor warrants to the Owner, Ihe Archi. tect and the Construction Manager that ali materials :md equipment furnished under this Contract will be new un- less otherwise spe<:ified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements. including substitutions not prop- erly approved and authorized, may be considered defec- tive. If required by the Architect or the Construction Man. ager, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This waTTanty is not limited by the provisions of Paragraph 13.2. 4.6 TAXES 4.6.1 The Contractor shall pa\ all sale;. consumer, use and other similaT taxes for the \\OT~ OT portions thereof provided by the Contractor which are legally enacted at the tIme bids are received, whetheT OT not yet effective. 4.7 PERMITS, fEES ANI) NOTICES 4.7.1 Unless otherwise provided in the Contract Docu- ments, the Owner shall secure and pal tor the budding peTmit and the Contractor shall secure and pay for all other permits and governmental fees. licenses and inspec. tions necessary for the proper executIon and completion of the Work which are customafllv secured after execu- tion of the Contract and which are legally Tequired at the lIme b,ds are received. 4.7.2 The Contractor shall glle all notIces and comply with all laws, ordinance;. rules. re~ulatlons and lawful order; oi any publiC aUlhorlt\ bear,"~ on the periorm. ance of the WOTk. 9 A201/CM -1980 "I" DOCUME"'T A20lICM . GE"'ERAI CO"'OITlO"'S Of THE CO" T~~CT 'OR CO"SHL CTIO'" CO"'STRL;CTIO'" "..~",^GE'\E",1 EDlTlo", . JL;"E 1980 EDITiO" . "'A! . rD 1980 . THE A...URIC".... 1....~;:iL.T[ OF .\,RCH1TECTS, 1~J; "\E\\' 'ORK "\'E .... \\ \\ "'-"H:'CTO...., D,C ~('(('Jn WARNING: Unlicensed photocopying vIo~'es u.s. C09)'right laws.nd II subject to leg.1 prosecution. 03/21/94 00750 - 9 GENERAL CONDITIONS New Detention Facility Offices 4.7.3 It is not the responsibility of the Contractor to make certain that the Contract Documents are in accord. ance ",Ih applicable laws, statute>, building codes and regulatiOns. If the ContTactor observes that any of the Contract Documents are at varrance lhere\\'rlh In any reo spect, the Contractor shall promptly notIfy the Arch,tect .Jnd the Construction Manager In wrrtlng, and any neces. <arv changes shall be accomplished bv appTopTiate .\\odification. 4.7.4 If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regula- tions, and without such notice to the Architect and the Construction Manager, the Contractor shall assume full responsIbility therefor and shall bear all costs allTibutable thereto. 4.8 ALLOWANCES 4.8.1 The ContTactor shall include In the Contract Sum all allowances stated in the Contract Documents. Items covered by these allowances <hall be supplIed for such amounts and by such peTsons a, Ihe ConstructIon Man. ager may direct. but the Contractor will not be TequiTed to employ persons against whom the Contractor makes a reasonable obj.:!<tion. 4.8.2 Unless otherwise provided in the Contract Docu- ments: .1 these allowances shall cover the cost to the Contractor, less any applicable trade discount, of the materials and equipment required by the allowance, delivered at the Site, and all appli- cable taxes; .2 the Contractor's costs for unloading and han- dling on the site, labor, installation costs, over- head, profit and other expenses contemplated for the original allowance shall be included in the Contract Sum and not in the allowance; .3 whenever the cost is more or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order, the amount of which will recognize changes, if any, in han- dling costs on the site, labor. installation costs, overhead, profit and other expenses. 4.9 SUPERINTENDENT 4.9.1 The Contractor shall emplov a competent superin- tendent and necessary aSSIStants who shall be in attend. ance at the Project site during the pTogTess of the Work. The superintendent shall TepTesent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. ImpoTtant commu. nications shall be confirmed in wrrting. Other communi. cations shall be so conflTmed on wrrllen request in each case. 4.10 CONTRACTOR'S CONSTRUnlON SCHEDULE 4.10.1 The Contractor. immediately after being awarded the Contract, shall prepare and submil tor the COnstTUC' tion Manager's approval a Contractor's Construction Schedule for the Work "hlch <hall prOVide for expedl' tlOUS and practicable execution at the \\ ork Th,s ,ched. ule shall be coordinated b\ the Con'lTuctlon....lanager With the Project ConstructIon Schedule The ContTactor< ConstTuction Schedule shall be revIsed as requiTed b\ the conditions of the Work and the Project, subject to the Construction Manager's appro\ al. 4.11 DOCUMENTS AND SAMPLES AT THE SITE 4.11.1 The ContractoT shall malntalO at the Project site, on a current baSIS, one record copy of all Dra"ings, SpeCifications, Addenda, Change Orders and olher .\\odi. fleatlons, in good oTder and marked currentiv 10 record all changes made durrng construction. and approved Shop Drawings, PToduct Data and Samples. These shall be available to the ATchitect and the Construction Manager. The Contractor shall advise the Construction Manager on a current basis of all changes In the WOTk made during construction. 4.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 4.12.1 Shop DrawlOgs aTe drawlOgs, diagrams, schedules and other data speCially pTepaTed ior the \VoTk by the Contractor or any Subcontractor, manufacturer, supplieT or d,strrbutor to illustrate some portion at the WOTk. 4.12.2 Product Data are i1lustTal1ons, standaTd schedules, periormance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 4.12.3 Samples are physical examples which illustrate materials, equipment or workmanship, and establish standards by which the Work will be judged. 4.12.4 The Contractor shall pTepare, review, approve and submit thTough the Construction Manager, with reason. able promptness and in such sequence as to cause no de- lay in the Work or in the work of the Owner or any sepa- rate c9ntractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. The Con- tractor shall cooperate with the Construction Manager in the Construction Manager's coordination of the Contrac. tor's Shop Drawings, Product Data and Samples with those of other separate contractors. 4.12.5 8y preparing, approving and submitting Shop Drawings, Product Data and Samples, the Contractor rep. resents that the Contractor has determined and verified all materials, field measurements and field constTuction crrterra related thereto, or will do so with Teasonable promptness, and has checked and coordinated the intor- mation contaIned \\lthin >uch submlltals \\ ith the require. ments of the WOTk, the Project and the ContTact Docu- ments. 4.12.6 The Contractor shall not be rel,eved of responsibil- Ity for any devution fTom the reqUirements oi the Con. tract Documents bv the ~rch,tect's appro\al oi Shop Drawings. Product Data or Samples under SubpaTagraph 2.3.18, unless the ContractoT has speclticallv Inlorme'd the Architect and the Construction Manager In wrrtlng of such deviation at the time ot submISSIon and the Archi- tect has given written approval to Ihe specific de\ialion The Contractor shail not be Telieved jrom respon",bilitv lor errors or oml",ons in the Shop Dra\\lngs, Product D.lta aT S,lmple- h, the Architect, ,'ppro\'al at them 4.12.7 The ContTactor shall dlfecl speCifIC attentIon. in \\rlllng or on re<ubmltted Shop Dr,1\\lng< Product Data lH Sample<. 10 rev I"on" other than ihose reouested b, the "'h'lect on pre" iO~- submittals. . "I" DOCUMENT IUtl/CM . GE"ER.~l CONOI11(l'-; Of THE CO" lR^CT FOR CO~STRLCTIO~ CO....STRLCTIO,""' "\ASAGEMEi'iT EDITlOS . lV'-E 1980 EOITIOS . .....IA~ . ,!' 19&J . THE. "'ER1C'" ~....qITl;Tf Of ARCHIHeTo;, '-1'j '[\\' ynR.......\ [ ,,\\ \\ '''Hl,r,TO.... [) C ,:'rn.... A201/CM -19BO 10 '\'YARNING: Unlicensed photocopying violates US. copyright laws and 1& subject to legal prosecution. 03/21/94 10 GENERAL CONDITIONS New Detention Facility Offices 00750 ;,,;. 4.12.8 No portion of the Work requiring submission of a Shop Dr.1wlng, Product Data or Sample shall be com. menced until the submittal ~as been appToved by the Architect as provided In SubpJra!,:raph 2.3.18. All such portion, or the \Vor~ ,nail be In accoTdance \\ ilh ap. proved submIttals. 4.13 USE OF SITE 4.13.1 1 he Contractor shall COniine operatIons at the site to areas peTmitted by law. ordonances, permits and the Contract Documents. and shall not unreasonably encum- ber the site with any materials or equipment. 4.13.2 The Contractor shall cooTdinate all of the ContTac- tor's operatIons with. and secure approval from. the'Con. structlOn Manager before USlnt! am pOTtlon ot the sIte. 4.14 CUTTING AND PATCHING OF WORK 4.14.1 The Contractor shall be ,e,ponslble for all cuttong. flltlng or patching that may be reqUired to complete the Work or to make its seveTal parts fit togetheT properl\'. 4.14.2 The Contractor shall not damage or endan~er In\ portIon of the WOTk OT the work of the Owner or any separate contractors by cuttIng, patching or otherwise altering any work, or by excavatIon. The ContTactor shall not cut or otherwise alter the wOTk of the Owner or any separate contractor except with the written consent of the Owner and of such separate contractor. The Contractor shall not unreasonably withhold fTom the Owner or any separate contractor consent to cutting or otherwise alter. ing the' Work. 4.15 CLEANING UP 4.15.1 The Contractor shall at all times keep the premises free from iccumulation of 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 well as all the Contractor's tools, constructJon equipment, machinery and surplus mated;lls. 4.15.2 If the Contractor fails 10 clean up at the comple- tion of the WOTk, the Owner may do so as pro\ided in Paragraph 3.4 and the cost thereof shall be (barged to the C.ontractor. 4.16 COMMUNICATIONS 4.16.1 The ContTactoT shall fOr\\ard all communications to the Owner and the ATch,tect rhTough the ConstructJon ,,,"\anager. 4.17 ROYALTIES AND PATENTS 4.17.1 The ContractoT shall pa\ all rovalties and license lees. shall defend all SUits or claIms for Infrrngement OT any patent rights and shall save the Owner and the Con. structJon Manager harmless trom loss on account thereof, except that the Owner, or the Construction Manager as the case may be, shall be responsible for all such loss when a paTticulaT design, process or the product of a par- ticular manufactuTer OT manufactuTers is selected by such person or such person's agent. If the Contractor, or the Construction ManageT J< the ca'e ma\' be. has reason to believe that the deSIgn. process or product selected IS an InfTingement of a patent that part\' shall be responsible lor 'uch loss unle" such Iniormallon I' promptl\ gl\en (0 the others and JIso to the '>'rdl:tect 4.18 INDEMNIFICATION 4.18.1 To the fullest extent permllted bv la\\'. the Con. tractoT shall ondemnlfy and hold hJrmles' t~(' 0..\ nero the ....rchltect. the Constructlon,,"\an<l~eT. and thell Jgents and employees tTom and agaIn>! all cIJ,m, dam,l~es. losses and expenses, IncludIng, but not limited to, attorneys' lees arISIng out of or Tesultln~ trom the pe,iormance OT the Work. prOVIded that an\ such (Ialm damage. loss or expense 111 IS attTlbutable to bodli\ InjUf\ 'Ickness, dis. ease or death, or to injury to or destruction oi tangible pToperty (other than the WOTk Itself, Inciudlng the loss of use resultmg therefrom, and (2i is caused In whole Dr in part by any negligent act or omIssIon of the Contractor, an\' SubcontTactor, anyone directl\ OT ,nd'Tectlv employed by am of them or anyone tor \\ hose acts ,1ny 0; them may be l,able, regardless of whether OT not it is caused In part bv a party mdemniiled hereurcieT. Such obl,t!ation shall not be construed to negate JOrldge or otherWise reduce any other right or obligation of ,ndemn,ty which \\ ould otherwise exist as to an\' party or person described In tn:- Paragraph 4.18. 4.18.2 In any and all claims agaInst the Owner, the Archi. teet. the ConstTuction Manager or any oi their agents OT employees by any employee of the Contractor. any Sub- contractor, anyone directly or indirectly employed by any of them or anyone for whose. acts any of. them may be. liable. the indemnification obligation' under this Para- graph 4.18 shall not be limited in any way by any limita. tion on the amount or type of damages, compensation OT beneilts payable by or for the Contractor or any Sub- contTactor under workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts. 4.18.3 The obligations o( the Contractor under this Para- graph 4.18 shall not extend to the liability of the Architect or the Construction Manager, their agents or employees, arising out of (1) the preparation or approval of maps. drawings, opinions, reports, surveys, Change Orders, de- signs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect or the Construction Manager, their agents or employees, pro- vided such giving or failure to give IS the primary cause of the injury Dr damage. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITION 5.1.1 A SubcontractoT is a person or entity who has a drrect contract With the Contractor to perform any oi the \\'or~ at the sIte. The term Subrun:'Jcto' means a Sub. contractoT or a SubcontTactors authOrized representative. The term SubcontractoT doe' not ,nclude anv separate contractor or any separate contractor, subcontractors. 5.1.2 A Sub.subcontractor is a person or entitv who has a diTect or indiTect contract with a Subcontractor to peT' iOTm an\' of the Work at the site. The teTm Sub.subcon. tractor means a Sub.subcontTaclor or an authorized rep. 'esentatl\ e thereof. 5.2 AWARDS OF SUBCO"TRACTS A"O OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise reqUITed b\ the Contract Doell' 11 A201/CM -1980 "." OOCU....E"1 4l01CM. GE'-'E~Al CO'-'OITlO'-'S OF If-'E CO'-'lnc fOR CO"STRLCT:O'- CO'STl\l'(T!O.... \1.~""~CE\.\E""T EDlTlO:"l . JU....E 1980 EDIT/OS. .....IA! . ~ 1980 . THE -\\.HRI("" I ,:'7 I li.. TE OF\l.:CHlTECT5. ';"]5 'E\\' )OR... -\\[."" \\ \\'\'''hl,CTO' 0 C. ~()(X;.:l WARNING: Unlicensed photocopying violates US. copyright laws and Is subject to legal prosecution. 03/21/94 11 GENERAL CONDITIONS New Detention Facility Offices 00750 ments or the 8idding Documents, the ContractoT, as soon as practicable after the award of the Contract, shall fur. nish to the Construction Manager In wrrting for review by the Owner, the Architect and the ConstTuction Man- ager, the names of the peTsons or entIties (Including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the prrnClpal por- tions of the Work. The Construction Manager will promptly Teply to the ContractOT in wrrting 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 Teply 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 Manager has made reasonable objection under the prOVisions of SubpaTagraph 5.2.1. The Contractor shall not be required to contract with anyone to whom the ContTactor has a Teasonable objection. 5.2.3 If the Owner, the Architect or the ConstTuction Manager 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 an 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 Te- 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 substitution. 5.3 5UBCONnAauAL 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 all the obligations and Tesponsibili- ties which the Contractor, by these Documents, assumes toward the Owner, the Architect and the Construction Manager. Said agreement shall preserve and protect the rights of the Owner, the ATchitect and the Construction Manager under the Contract Documents with respect to the Work to be perfOTmed bv the Subcontractor SO that the subcontTacting theTeof will not prejudice such rights, and shall allow to the Subcontractor, unless specificall~ provided otherwise in the ContractoT.SubcontractoT Agreement, the beneiit of all rights. remedies and Tedress against the Contractor that the Contractor, by these Docu- ments, has against the Owner. 'WheTe appropriate. the Contractor shall require each Subcontractor to enter into similar agreements with theiT Sub-subcontractors. The Contractor shall make available to each proposed Sub. contTactor, prior to the execution of the SubcontTact. copies of the ContTact Documents to which the Subcon. tractor will be bound bv this Para~raph 5.3. and identih to the Subcontractor any teTms and conditions of the pro. posed Subcontract which may be at variance with the Contract Documents. Each SubcontTactor shall similarly make copies ot such Documents available to their Sub- subcontTactors. ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS &.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRAOS &.1.1 The Owner Teserves the right to peTfoTm work Te- lated to the Project with the Owner's own forces, and to awaTd sepaTate contracts In connectIon with other por- tions of the Project or other work on the site undeT these or similar Conditions of the ContTact. If the Contractor claims that dela\. damage or additional cost is involved because of such action by the Owner, the ContTactor shall make such claim as provided elsewhere in the Contract Documents. &.1.2 When separate contracts aTe awarded for different portions of the Project or other work on the site, the term Contractor in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- Contractor Agreement &.1.3 The Owner will provide for the coordination ot the work of the Owne(s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph &.2. &.2 MUTUAL RE5PONsIBIUTY &.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- terials 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- . stTuction Manager any apparent discrepancies or deTects in such other work that Tender it unsuitable for such proper execution and results. Failure oi the Contractor so to report shall constitute an acceptance of the Owner's or separate contractor's work as iit and prOpeT to receive the Work. except as to defects which may subsequently become apparent in such work by others. 6.2.3 Any costs caused bv defective or ill-timed work shall be b~rne bv the partv ~esponsible theTeior. 6.2.4 Should the ContTactor wrongiuily cause damage to the work or property oi the Owner, or to other wOTk or pToperty on the site. the ContTactor shall promptly rem. edy such damage as provided in Subparagraph 10.2.5. &.2.5 Should the Contractor wrongfully delay or cause damage to the work or property of any separate contrac- tor, the Contractor shall. upon due notice, promptlv at- tempt to settle WIth such otheT contractor by agreement. or otherwise to resolve the dispute Ii such separate con. tractor sues or InitIates an arb,tTatlon proceeding against the 0" ner on account Of anv deiav or damage alleged to leave been caused bv the C1ntractor, tne Owner shall "." ooCUMENT "2t1/CM . CE"[R.~l CONOITIO,",S 01 1HE CO",TRACT FOR CO,"S1~uCTIO" CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AlAe . :<: 1980 . THE AMERIC~N fNSTITUH Of ARCHITECTS. 1735 "EW YOR,W[ . '"' IV' W.~SHI,"CO' D.C. ~oco., A201/C~ -1980 12 WARNING: UnlicenHd photocopying violates U.S. copyrighllaws and is subjecllo '<>gal prosecution. 03/21/94 12 GENERAL CONDITIONS New Detention Facility Offices 00750 notliv the Contractor who shall defend such proceedings at the Owner's expense, and Ii anv judgment or award agaInst the Ow ner ames therefTom, the Contractor shall pa~ or 'dtl>t~ ;t and shall Te:~b~.lTse the Owner for all attorneys' tees and court OT aro:tratlon costs \\ hich the OwneT has incurred. 6.3 OWNER'S RIGHT TO ClEAN UP 6.3.1 If a d,spute arises between the Contractor and separate contractors as to their responsibility for cleaning up as required by Paragraph 4.15, the Owner may clean up and charge the cost theTeof to the contractors Tespon- SIbil.' therefor as the ConstructIOn Manager shall deter- mine to be just. ARTIClE 7 MISCEllANEOUS PROVISIONS 7.1 GOVERNING LAW 7.1.1 The Contract shall be governed by the law of the place where the Project is located. 7.2 SUCCESSORS AND ASSIGNS 7.2.1 The Owner and the Contractor, respectively, bind themselves, their partners; successors, assigns and legal~ representatives to the other party hereto and to the part- ners, successors, assigns and legal representatives of such other party with respect to all covenants, agreements and obligations contained in the Contract Documents. Neither paTty to the Contract shall assign the Contract OT sublet it as a whole without the written consent of the other. 7.3 WRITTEN NOTICE 7.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or mem- ber of the firm or entity or to an officer of the corpora- tion for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving the notice. 7.4 CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to peTson or property because of any act or omis- sIon of the other party or of any of the otheT party's employees, agents or others fOT whose acts such party .s legally liable, claim shall be made in wrtting to such otheT party within a reasonable time afleT the first observ. ance of such injury or damage. 7.5 PERfORMANCE BOND AND LABOR ASD MATERIAL PAYMENT BONO 7.5.1 The Owner shall ha\'e the rtght to reqUIre the Contractor to furnish bonds co\'ertng the faIthful perform. ance of the Contract and the pavment of all obligations ansing thereunder if and as Tequtred In the Bidding Doc. uments or the Contract Documents. 7.6 RIGHTS AND REMEDIES 7.6.1 The dutIes and obligatIons Impo<ed b, the Con. tract Documents and the Tlght< and remed,es a\' arlable thereunder shall be in addition to and not J limitation Of am' duties. obl,~atlons. Tlght< and remed:e' otherWise im. posed OT a\'arlable by law. 7.6.2 No action or failure to act by the Owner, the Ar- chitect, the Construction Manager OT the ContractoT shall constItute a walveT of any rtght or duty afforded any ot them undeT the ContTact, nor shall an\' such aclton or tarluTe to act constItute an appTo\'al of or acquiescence in an\' breach thereundeT, except as mav be specifically .1gTeed rn wrtting. 7.7 TESTS 7.7.1 II the Contract Documents, laws, ordinances, rules, regulatIons or orders 01 any publIC authollty having juris- diction require any portion of the WOTk to be inspected, tested or appToved, the Contractor shall gi\'e the Architect and the Construction Manager IImel\' notIce of ItS readi. ness so the ATchltect and the ConstTucllon Manager may observe such Inspection, testing or appToval. The Con- tractor shall beaT all costs 01 such ,mpections, tests or appTovals conducted by publIC authOllltes. Unless other- wise provided, the Owner shall bear all costs of other in- <pectlo"" tests or approvals. 7.7.2 If the ATchitect or the Construction Manager deter- mines that any Work requires speCIal Inspection, testing or approval which Subparagraph i.7.1 does not include, the Construction Manager wlil, upon wrillen authoriza- tion from the Owner, instruct the Contractor to order such special inspection, testing or approval, and the Con- tTactor shall give notice as prOVIded in Subparagraph 7.7.1. If such special inspection or tesltng reveals a failure ot the Work to comply with the requirements of the Con- tract Documents, the ContraclOT shall bear all costs thereof, including compensation for the Architect's and the Construction Manager's addiltonal services made nec- essary by such failure; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. 7.7.3 Required certificates 01 inspection, testing or ap- pro\'al shall be secured by the Contractor and the Con- tractor shall promptly deliver them to the Construction Manager for transmillal to the Architect. 7.7.4 If the Architect or the Construction Manager wishes to observe the inspections, tests or apPTovals required by the ContTact Documents. they will do so pTomptly and, where practicable, at the source of supply. 7.8 tNTEREST 7.8.1 Pa\'ments due and unpaid undeT the Contracl Doc. uments shall bear Interest fTom the date payment is due at such rate as the parties may agree upon in wTiting or, In the absence thereof, at the legal rate pTevailing at the place or the ProJect. 7.9 ARBITRATION 7.9.1 All claIms, dIsputes and other malleTS In question between the ContractoT and the Owner arISing out of or Tela ling to the Contract Documents or the breach theTeoi, except as provided in Subparagraph 2.3.14 With respect 10 the .....rchltect's decisions on matleTS relating to aTtistlc enpct. and except faT claim' \\ h,ch have been \\al\ed b\' I;,e making or acceptance 01 :,n,ll pavment a, pro\'lded b\ SubpaTa~raphs 9q4 lhrou~~ '.' q (, ,nclu<I\'e <hall be df'Clded b\ arbitration ,n au,,,r!,lncc' \\ 'I"~ the Con,lr~c. I,un induql\ -\rbltratlon Rull" I\i the '\nlellCJn '\rb,tra. tlon ASSOCiatIOn then obtain:n~ unle,- the part,e, mutual I\' 13 A201/CM -1980 ...14. DOCUME!'.T "201C~' Gt....ER-\i.. (O....OI::O'S OF :t.: LCI'\"iR-\C' '(ll' .,_tl''';R~l' ,:1\1 CO"ST~t:CTIO" """.'Gl "E" T EDITIO" . jt:Sl 198C WITtO" . -'1.~1; . II; 1980 . THE -\....'rR1C" I'STiTL;[ or \RCHI;ECT~, '-3i 'E\\ 'OlU, \\E .... \\ \\ .,I..rl I 'CTO.... [l C ~--')lt) WARNING: Unlicensed photocopying VIOlates U.S. copyright laws and is subject to legal prosecution. 03/21/94 13 GENERAL CONDITIONS New Detention Facility Offices 00750 agree otherwise. No arbitration arismg out of or relating to the Contract Documents shall include, by consolida. lion, joinder aT In any other manner, the Archllect, the Construction Manager, their employees or consultants except by written consent containing a specific Teterence to the Owner-Contractor AgTeement and sIgned by the ATchltect. the Construclion ,'vlanageT, the Owner, the Contractor and any other person ~ought to be joined No arbitration shall include by consolidation, Joinder OT In any other manner, 'parties other than the Owner, the Contractor and any other persons substantially involved m a common question of 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 third party to an aTbitration whose interest or reo sponsibility is insubstantial Anv consent to aTbitration involving an addItIonal. person or persons shall not con. stitute consent to arbitTation of any dispute not descTibed therein or with any person not named or described therein. The toregolng a9'eement to arbitrate and ar,\ other agreement to aTb,trate With an additional person or persons duly consented to by the parties to the Owner. Contractor Agreement shall be ~pecifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be en. ~red upon it in accordance with applicable law in any court having jurisdiction thereof. 7.9.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Owner-Contractor Agreement and with the American ArbitTation Associa. tion, and a copy shall be filed with the Architect and the Construction Manager. The demand for arbitration shall be made within the time limits specified in Subparagraph 2.3.15 where applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen; and in no event shall it be made after the date when institution of legal or equitable pro- ceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 7.9.3 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any aTbitration proceedings, and the Owner shall con. tinue to make payments to the ContTactor in accordance \\'llh the Contract Documents ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwi~e prO\ided. the ContTact TIme I; the period of time allotted In the ContTact Documents fOT Substantial Completion of the Work as defined ,n Sub. paragraph 8.1.3, including authoTized adjustments thereto 8.1.2 The date of commencement of the Work IS the date established In a notice to proceed. If there is no no. tiel' to proceed. it shall be such other date as mas be established In the Owner.Contractor Agreement aT pi'e. where In the C-ontTact Documents 8.1.3 The Date ot SUbQ,lntlal Completion ('. the \\o,k OT designated portIon thereof I' the Date cer~,"e~ b\ ~re Architect when constructIon IS sufi'clenli\ comp:ete in accordance with the Contr,lct Documents, so that the Owner or sepaTate contractoc> c"n O(CUP\ or utilize the Work or a designated portion Ihe'er" I'tJl the u<e for "hich II is Intended 8.1.4 The Date of SubSI.JntIJi Comp.et...m 01 Ihe PrOjeCI or deSignated portion theTeol I; Ine DJte cerlltled b\ the ....rchltect "hen constructIon, ,u::centi\ complete 50 the 0\\ ner can OCCUP\ or ull! .'(' tr:t' ~.(:-ect Of de....l~n,lted portion thereOT tOT the u,e t"r \\h,cr :t \\J' In:enoed. 8.1.5 The term day as used In the Contract Documents shall mean calendar day unle" speullcallv de5l~nated otherwise. 8.2 PROGRESS AND COMPLETlO'\l 8.2.1 ,""II tIme limIts stated In the C"ntTact Documents are 01 the essence of the Contract 8.2.2 The Contractor ,h,,11 be~:n the \\ork on the date ot commencement as dellned In SubpJrJgTaph 8.1~. The Contractor shall caTTY the Work forwaTd expeditiousl\' IV ith ,1dE'f1l1ate forces and ,hJ'i "ch,e\e 'ub,IJntlal Com. pletlon 01 the Work \"th,n the C,)ntr,lct Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 Ii the Contractor IS dela\'ed at an\' time in the pTogress 01 the Work by any act or neglect of the Owner, the Architect, the Construction ,\tanager. dnv oi their'em. ployees, any separate contraclOT emplmed bv the Owner, OT bv changes ordered in the \\'ork, labor disputes, iire, unusual delay in transpoTtation. adverse weather condi. t,Ons not reasonably' anticlpatJble. una\oldable casualties, any causes beyond the ContTactor's control, delay authoT' Ized by the Owner pending arbitratIon. or by am other cause which the Construction Manager determines may justify the delay, then the ContTact Time shall be ex- tended by Change Order for such Teasonable time as the Construction Manager may determine. 8.3.2 Any claim for extension of time shall be made in writing to the Construction Manager not mOTe than twenty days after the commencement of the delav; other- wise It shall be wai\'ed. In the case oi a continuing dela\ only one claim is necessary. The ContrJctor shall pro\'ide an estimate of the probable eitect oi <uch delav on the progress of the Work. 8.3.3 Ii no agTeement is made <tatlng the dates upon \\ h,ch interpretatIons as pro\ Ided in C,uhfl.H.l\uaph ~111 ,h.111 be iurnlshed. then no claim 10: dela\ <h.lll be Jllo\\ed on account oi failuw to iu'n:,h ,uch Interpreta' t,on< unto! tifteen da\S after l\'fltten 'eque'! " made for the';' and not then ~nles> such cl.llm " reasonable. 8.3.4 Thi< P.Hagraph 83 O(1t" n,.1 e\clude the reeo\ en I,T d..1m,1geS ior delJ\' bv ei!~pr p.Ht\ under olher f:'ro\ t- 'ion, (11 the Contract Docum,,'1!' ARTIClE 9 PAYMENTS. AND COMPLETION 9.1 CONTRACT SUM 9.1.1 Tc,e CO'1tract Sum I' 'IJtec1 In ICe' O\\ner-C'Jntrac' tor....~reeme'1l and ,ncluol'1~ .lutr->or:zed .,dIU,!men!'. 'hereto j, the lotol amount pd\.1b'e r'\ Ine O\\'1e' to the C,)nt~Jc:cH Tor the perrl)~m,:...,({' ()l rrt? \\orr.; unc!:?" the C )n! '.~ct Docunlent' A201!C\i --1980 H AlA DOCUMENT A2011CM. Cl'fRAl CO'OlT10'S ()F T~f CO~~~"'C! f~)r. (~"~::~:..c~......,:, COSSTRUCTIO'- -'t""AGE\.\E~T fDlT10S . JV'''';[ 1980 (OIT!O' . Ai_....- . _ ,::."~'-I . ,r!. ,-\"tRIC."'.... I....STITL TE or ARCHIHCTS 1:-'\; ....f\\ H}~t.; ....\( ,\\ '.\ \'d1~""( I." [) C :-,H. WARNING: lJiillcensed photocopying violates U.S. COP'Y'nghllaws and is subject to legal prosecution. 03/21/94 14 GENERAL CONDITIONS New Detention Facility Offices 00750 9.2 SCHEDULE OF VALUES 9.2.1 Before the Ilrst Application tor Pa\ ment. the Con- tractoT shall ,ubmlt to the Construction ,\\anager a schedule of values allocated to the various portion> of the Work. prepaTeC In <uch torm and supported bv such data to substantiate its accuracv as the Architect and the Con. structlon \Iana,er m.1\ reqUire ThIS schedule, unless obJected to bv !he Con<tTuctlon \\anageT or the Architect. ,hall be used on Iv a' a baSIS ior the Contractor's Applica- lions for Pa~'ment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least liiteen days before the date for each progress payment establIshed in the OwneT.Contractor Agreement. the Contractor shall submit to the Construe- lion Manager an itemized Application for Payment. notar- ized if required. supported b\ 'uch data ,ubstantlatlng the Contractors right to payment as the OwneT, the Ar- chitect or the Construction Manager mav require, and re- flectin~ retalna~e. ,j 2m as Dro\ Ided el<ewhere In the ContTact DO(U~enb. The Con,:rucllon \\anager \\111 .1,- ,emble the ApplicatIon with slmrlaT applications fTom other contractors on the 'PToject into a combined Project Application for Payment and forwaTd it with recommen- dations to the Architect within seven days. 9.3.2 Unless otherwise provided in the Contract Docu- ments, payments will be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site and, if approved in advance by the Owner. pavments may similarly be made for mate. rials or equipment suitably stored' at some other loca- tion agreed upon m wrtting. Payments for materials or equipment stored on or off the site shall be condilioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to estab- lish the Owner's title to such materials or equipment or otherwise protect the Owner's interest, including applica- ble insurance and transportation to the site for those malerials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work, materials and equipment covered by an Application for Pavment will pass to the Owner either by incorporation in the construction or upon Teceipt of payment by the ContractoT. whichever OCCUTS Irrs!. free and clear of all liens, claims. security interests or encumbrance<. heTein- ailer relerred to In thiS .~Tlicle 9 as "liens"; and that no WOTk, mateTials or equipment co\ered bv an Application for Pavment will have been acquired by the Contractor. or bv any other peTson performmg WOTk at the site or iurnishin~ material, and equipment for the Project ,ub. ,ect to an agreement under \\ h'ch an Interest therem or an encumbTance thereon is Tetalned bv the seller or oth. erwise imposed bv the Contractor or such otheT person. 9.4 CERTifiCATES FOR PAYMENT 9.4.1 The Architect will, within seven days .liter the re- ceipt of the ProJect Application for Payment with the Tee. ommendations oi the Construction Manager. review the Project Appllcallon for Payment and either issue a Project Certltlcate tor Pa\'ment to the Owner with a copy to the Construcllon ,\\anat<eT lor distTibution to the Contractor rOT such amount. ;< the Archilect determines are prop- erlv due. or nelll\ :he Con'trucl,on Mana~eT in wTitmg of the reasons for withholding a CeTtificate as provided In Suhparagraph 9.6.1. Such notIfication will be forwaTded to ;~e Contr.Jctor b~ the Comt'uctlon ....\anageT. 9.4.2 The Issuance 01 a Proiect Certlllcate fOT Pavment \\ ill constitute a representatl~n b\ the Arch,tect to the Owner that. based on the Architect's observations at the Site a, pro\lded in SubpaTagTaph 2.3.4 and the data com- prt,,~g the PrOject Applicat"m JOT Pal ment. the Work has progressed to the point IndICated; that. to the best 01 the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Docu. ments (subject to an evaluation of the Work for conform. ance with the Contract Documents upon Substantial Completion of the Work, to the re<ults 01 any subsequent tests requrred by or performed under the Contract Docu. ments. to minOT deViations trom the Contract Documents cof'ecable prior to completion. and to an\ <peclfic quall- Ilcatlons stated in the CeTtitlcatel; and that the Contrac- tor is entitled to payment in the amount certified. How. e\ P' b\ Issuing a PTolect Certificate tor Pa\'ment, the Ar- chitect shall not thereby be deemed to Tepresent that the Architect has made exhausti\ e OT continuous on-site in- spectIOns to check the quality OT quantity of the Work, has Teviewed the construction means, methods. tech. niques. sequences or procedures, or has made any exam- ination to ascertain how or for what pUTpose the Contrac- tor has used the monies previously paid on account of the ContTact Sum. 9.5 PROGRESS PAYMENTS 9.5.1 AfteT the Architect has issued a Project Certificate lOT Pa\ ment. the Owner shall make pa\ ment in the man- ner and within the time prOVIded in the Contract Docu- ments. 9.5.2 The Contractor shall promptly pay each Subcon. tractor upon receipt of payment from the Owner, out oi the olmount paid to the Controlctor on account of such Subcontractor's Work, the amount to which said Subcon. tractor is entitled, reflecting the percentage actually reo tained, if any. from payments to the Contractor on ac. count ot such Subcontractor's Work. The Contractor shall. by an appropTiate agreement with eolch Subcontractor, require each Subcontractor to molke payments to their Sub.subconlTactors in similaT manneT. 9.5.3 The Architect mav. on request and at the Archi- tect, dlScTetlon, furnish" to an\' Subcontractor, if prac- tIcable. ,niormat,on regarding the percentages oi com- pletion OT the amounts applied for b\ the Contractor and the action taken thereon bv the ATchitect on account of \\'or, done bv such Subcontractor. 9.5.4 :\eilheT the Owner. the~rchltect nor the Construc. tlon \lanager shall ha\e am' obll1(atlon to pa\ or to see to the pa\ment of an\, monIes to any Subcontractor except as ma\ otherwise be requiTed b\ law 9.5.5 No certification of a pTogress pa\ ment. any prog- ress payment. OT any partIal or enlire use or occupancy 01 the Protect bv the OwneT. shall constItute an accept. ance Of anv Work not in acc0rd.lnce \\ ith the Contract D0cuments. 9.6 PAYME/I;TS WITHHELD 9.6.1 The Architect. toIlO\\lng consultation with the. Construcllon Manager. ma\ decline to certit'\ pa\'ment 15 A201/CM - 1980 41" OOCUMENT "201/CM' GE"'[~'l CO"OITIO"" Of 1>-'[ (O",lR'CT H)R CO",>lRLC1l0", COSS1RLCTIO"'\~",^G["E" 1 WI1IO" . lLi'-E 1980 WllIOS . .~I^~ . @ 1980 . THE ""''\f.lo:1C.'''' I-..;STlTL TE Of ";:C~1TECTS ':-33 '[\Y YO"-~ .-\\E ... \\- \\',,""-H!'CTO' DC::'(O)(, WARNING: Unl;c.nsad photocopying violates U.S. COpYright a-s and i. subject 10 legal prosecution. 03/21/94 15 GENERAL CONDITIONS New Detention Facility Offices 00750 and may withhold the Certificate In whole or in part to the extent necessary to reasonablv protect the Owner, If, In the Architect's opinion. the Architect IS unable to make re~ 'esenlations to the 0" ner as prO\'lded In SubDara- geG;;h 9.4.2. If the -\Tchltect " unable to ma~e 'epTesenta. t,C-,S to the Ow ner as prOVided in SubpJragTaph 942, and to certlty pa\ ment In the amount of the PToJect -\p- pitcatlon. the Archilect will notliv the Construction \Ian- ager as pTovlded in SubparagTaph 9.4.1. If the Contractor and the Architect cannot agree on a revised amount. the Architect will promptly Issue a ProJect CertifIcate for Pav- ment for the amount for which the Architect is able to make such representations to the OwneT. The Architect may also decline to certrfv payment or, because of subse. quently discovered evidence or subsequent obser> atlons. the ATchitect ma\ nulllt\ the \, hole aT any part of any Pro:ect Certificate tOT Pa\ ment preVIously ,'sued to such extent as may be necessaf)', in the ATchitect's opInion. to protect the Owner from loss because of: .1 defectiye Work not remedied. .2 thtrd part). claims fded OT reasonable eVidence in- dicating probable Iding of such claims; .J failure of the Contractor to make payments prop. erly to Subcontractors, or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com. pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor: .6 reasonable evidence that the Work will not be completed within the ContTact Time: or .7 persistent failure to carry out the Work in accord. ance with the Contract Documents. 9.6.2 When the grounds in Subparagraph 9.61 above are removed, payment shall be made for amounts with. held because of them. 9.7 FAILURE OF PAYMENT 9.1.1 If the Construction Manager should fail to issue recommendations within seven days of receipt of the Contractor's Application for Payment. or if, through no fault of the Contractor, the Architect does not issue a Project Certificate for Payment within seven days after the Architect's receipt of the Project Application for Pay. ment, or if the Owner doe' not pay the Contractor Within ,even days after the date established in the Contract Doc- uments any amount certiiied by the ATchitect or awarded b\' arbitration, then the Contractor may, upon seven addl' t,onal davs' wrotten notIce to the Owner. the Architect .Jnd the ConstructIon Manager. <top the Work unt" pay- ment of the amount OWing has been receIved. The Con. tract Sum shall be increased by the amount of the Con- tTactor's reasonable costs of shut.down. delav and start. up, which shall be effected by appropTlate Change Order ,n accordance with ParagTaph 12.3. 9.1 SUBST ANTIAl COMPLETION 9.11.1 When the Contractor considers that the Work. OT a designated portIOn thereof which 15 acceptable to the Owner. IS substantially complete as defmed '" Subpara- gTaph 8.1.3, the ContractoT shall prepare tOT the Construc- tion Manager a list of Items to be completed or cor- rected. The failure to include any items on such list does not alter the responsibility 01 the Contractor to complete all \Vor\.. In accordance ",th the Contract Document>. ,\-hen the Arch,tect. on the ba,,, 01 In,pectlon and con- <ulta'tlon ",th the Constructlon.\lanager. deteTml'nes that the \\'orK or deSignated portIon thereol IS substantlal!v complete. the .-\rch,tect wlil then orepaTe a Certrllcate of Sub51antlal CompletIon of the \\ork whIch shall establish the Date ot Substa~t,al Cc'mpletlon oj the Work <hall state the respon>lbliltles of the 0" neT and the Contractor ior securrt~, maintenance, heat. utilities, damage to the Work and msurance and shall f,x the tIme With,n which the Contractor shall complete the Items listed therein. The CertifIcate oi SubstantIal Completion of the Work shall be submitted to the Ow ner and the Contractor for thelT wTttten acceptance of the re'pomiblilties aSSigned to them In such Certificate. 9.8.2 L:pon Sub>lartial Compielron ot the Work or desig- nated pOTtlon thereoi. and upon applicatIon by the Con. tractor and certification by the ATchitect, the Owner shall make payment. reflectIng adjustment In retalnage. tf am for ,uch Work OT portion thereot as pro\'lded In the Con- tract Documents. 9.8.3 When the Architect. on th~ basis of Inspections, determines that the Project or deSignated portion thereof is substanllally complete, the ATchitect will then prepare a Certificate of Substantial Completion of the Project wh,ch shall establish the Date of Substantial Completion of the Project and fix the time within which the Contrac. tor shall complete any uncompleted items on the Certif. lCate of Substantial Completion of the WOTk. 9.8.4 WaTranties required by the Contract Documents shall commence on the Date of Substantial Completion of the PToject or designated portion thereof unless other- wise provided in the Certificate of Substantial Comple- tion of the Work or designated portion thereof. 9.9 FINAL COMPUTION AND FINAL PAYMENT 9.9.1 Following the Architect's issuance of the Certificate of Substanllal Completion of the Work or designated por- tion thereof. and the ContTactor's completion of the WOTk, the Contractor shall forward to the Construction Manager a written notice that the Work is ready for final Inspection and acceptance, and shall also fOTward to the Construction Manager a final ApplICation for Payment. L;pon Tecelpt. the Construction ,\'\anager will make the necessar> evaluations and tOf\\ard Tecommendations to the ATchltect who Will pTomptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fullv per- fOTmed, the Architect will Issue a Prolect Certificate for Payment which will approve the tlnal payment due the Contractor. Thts appToval WIll constitute a representation that. to the best of the Architect's knowledge. infOTma. tion and belIef. and on the baSIS of obser>'atlons and in- spections. the Work has been completed in accordance with the Terms and Conditions of the ContTact Docu- ments and that the entire balance found to be due the ContTactor. and noted In saId Certlticate. is due and pav- able The .Arch,tects approval oj said Prolect Certificate for Payment "ill constItute a furtheT repTesentatlOn that the conditIon> precedent to the Contractor's being en- tItled to tmal pavment as set torth In SubparagTaph 99.2 have been fulfilled ,,'" DOCUMENT A2t1/CM . GE"ER.'l CONDITIONS 01 lHE CONTRACT lOR CONSTRUCTlOS CONSTRUCTION MAN"GEMENT EDITION . JUNE 1'l8O EDiTION . ",,,. . @ 1'l8O . THE A..ERIC"", '''STllLTE 01 ARCHIHCTS. 1:); "E" YORK AVE "" ""SHI"CTON. D.C croJ6 A201/CM - 1980 16 WARNtNG: Unlicensed photocopying violate. US. copyright lawa and is subject'" Iegat prosecution. 03/21/94 16 GENERAL CONDITIONS New Detention Facility Offices 00750 9.9.2 Neither the final pa~ ment nOT the remaining retain- age shall become due until the Contractor submits to the ArchItect. through the ConstTuctlon ,\-\anageT, (1) an affi. daVIt that all payrolls. bills for materrals and equipment, and other ondebtedness connected wIth the Work for which the Owner or the Owner's propeTty might In any way be Tesponslble, have been paid or otherwIse satis- fied, (2) consent of suretv, If any, to final payment, and 131 of requITed bv the Owner, otheT data establishing pay. ment or satisfaction of all such obligations, such as re- ceipts, releases and waivers of liens arising out of the ContTact, to the extent and in such form as may be desig- nated by the Owner. If any Subcontractor refuses to fur. nish a release or waiveT Tequired bv the Owner, the Con. tTactor may furnish a bond satisfactory to the Owner to Indemnity the Owner against any such lien. If any such lien remains unsatisfied afteT all payments aTe made, the ContTactor shall Tefund to the 0\\ ner all monies that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.9.3 If. after SubstantIal Completion of the Work, final completion 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 confirms, the Owner shall, upon application by the Contractor and certification by the Architect and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining 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 7.5, the written con- sent of the surely to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Construction Manager prior to certification of such payment. Such pay. ment shall be made under the Terms and Conditions gov- eming final payments, except that it shall not constitute a waiver of claims. 9.9.4 The making of final payment shall, after the Date of Substantial Completion of the Project, constitute a waiver of all claims by the Owner except those arising from: .1 unsettled liens; .2 faulty or detectIve Work appearing after Substan. tial Complet.on ot the Work; .3 failuTe of the Work to comply with the require- ments of the ContTact Documents; or .4 terms of anv speCIal warTant,es required by the Contract Documents. -9.9.5 The acceptance of ional payment shall. after the Date of Substantial Completion of the ProJect. constitute a waiver of all claims by the Contractor except those previously made in writtng and Identofied by the Contrac- tor as unsettled at the time of the ional Application for Payment. 9.9.6 All prOVIsIons of thIS AgTeement, oncludtng with. out I.mitatlon.those establishing obligations and proce. dUTes, shall Temaln In iull fOTce and effect notwithstand. Ing the making OT acceptance of iinal payment prror to the Date of SubstantIal Completion of the Project. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFffi PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be respon>lble for initiatIng, maIntaining and supervising all saietv pTecautlons and programs on connectIon with the I,VoTk. 10.2 SAFETY OF PERSONS A,..,D PROPERTY 10.2.1 The Contractor shall ta~e all reasonable precau. tions for the safely of, and shall provIde all reasonable protection to prevent damage, inJUry or loss to: .1 all employees on the Work and all other persons who may be affected theTeby; .2 all the Work and all materials and equIpment to be incorporated thereon, whetheT in storage on or on the Site, undeT the care. custod\ or control oi the Contractor or any ot the ContTactor's Subcon- tractors or Sub.subcontractors; .3 other property at the sIte or adjacent thereto, in. c1udtng trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 the work of the Owner or other separate contrac. tors. lQ.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as re- quired by existing conditions and the progress of the Work, all reasonable safeguards for safety and protection, Including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy all damage or loss (other than damage or loss Insured under PaTa- graph 11.31 to any property reierTed to on Clauses 10.2.1.2 and 10.2.1.3 caused in whole or '" part b\. the Contrac. tor, any Subcontractor, any Sub-subcontractor, anyone di. rectly or indirectly employed by anv of them. or by any- one for whose acts any of them may be lIable, and for whIch the ContTactor IS responsible under Clauses 10.2.1.2 and 102.1.3, except damage or loss attributable to the acts or omIssions of the OwneT the ATch.tect, the Con. structlon Manager or anyone dllectly or tndlTectly em. ployed bv any of them, or by anyone tor whose acls any of them may be liable, and not attflbutable to the fault or neglIgence of the Contractor The fOTegoing obliga. tlons of the ContTactor are in addition 10 the Contractor's obligations under Paragraph 418 10.2.6 The Contractor shall deSignate a responsible member of the ContTactor's organizatIon at the site "hose duty shall be the pre\ p",:,on of accidents. This peTSOn shall be the Contractor, <upellntendent unless 17 A201/CM -1980 "'" OOCUMENT "201/CM . GE'''ER''l CO"OlTlo",s OF THE co' :R^CT lOR CO'lSTRL'CTIO' CONSTRUCTIO", M"N"GEMEI'>T WITlO", . JUNE 1980 EDITtO' . AlA. . ~ 1980 . THE AMERICAN I",STtTL'T! 01 "RCHITECTS ,-J; "EW YORK W[ ,,\\ \\ASHI"UO", D C ~ WARNING: Unl"*-<! photocopying vlolat" u.S. co~ht \aws and Is subject 10 legal prosecu1lon. 03/21/94 17 GENERAL CONDITIONS New Detention Facility Offices 00750 otherwise designated by the ContTactor In wfltlng to the Owner and the ConstTucl1on Manager. 10.2.7 The ContractoT sh.J1I not ioad or permIt an\' paTt of the \'.'ork to be loaded so as to endangeT Its saiet\'. 10.3 EMERGENCIES 10.3.1 In any emergency aiiect.ng the saietv of persons or pTopertv the ContractoT ~hall act, at the Contractor 5 dIscretion, to pre\'ent thTeatened damage. InJUf)' or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provIded in ATlIcle 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 tor protection fTom the claims set forth below which may a,ise out of or result from the Contractor's opera- tions under the Contract. whether such operations be'by the Contractor or by any Subcontractor, or by anyone di. rectly or indirectly employed by any of them, OT by any. one for whose acts any of them may be liable: .1 claims under wOTkers' or workmen's compensa. tion, disability benefit and other similar employee benefit acts; .2 claims for damages because of bodily inJury, occu- pational sickness or disease, or death of the Con- tractor's employees; .J claims for damages because of bodily injury, sick. ness or disease, or death of any peTson other than the Contractor's employees; .4 claims for damages insured by usual personal in- jury liability coverage which are sustained (1) by any person as a result of an offense di rectly or indirectly related to the employment of such per- son by the ContractoT. or (2) by any other person: .5 claims for damages, other than to the Work Itself. because of injury to or destruction of tangible property, including loss of use resulting the ref Tom ; and .6 claims fOT damages because of bodd\ injury or death of any person or property damage ansing out of the ownership, maintenance or use of any motor vehicle. 11.1.2 The insuTance reqUIred by SubparagTaph 11.11 shall be written lor not less than any limits of 1,.Jbd,!\ specified In the Contract Documents or reqUired b\ law. whichever is greater. 11.1.3 The insurance Tequired by Subparagraph 11.1.1 shall include contractual liability insurance applicable to the Contractor's obligations under Paragraph 4.18. 11.1.4 Certificates of InSUTance acceptable to the Owner shall be submitted to the Construction Manager lOT trans. mittal to the Owner pnor to commencement oi the Work. These Certificates shall contain a provision that coveTages afforded under the polICIes wdl not be canceled until at least thiTty days' pnOT wfltten notice ha~ been gl\'en to the OwneT. 11.2 O.....NER.S LIABILITY INSURANCE 11.2.1 The Owner shall be re"ponslble ior purchasing and :T1a,nUining O\\ner's Ilabilltl In<urJnce and, ,11 the Owner's option, mav purcha,e Jnd malntJln In,uTance lOT protection aplnst claim, \\ hlch mol' .IT"" from operations under the Contract. 11.3 PROPERTY ISSURANCE 11.3.1 L;nles; utheT\\lse pro\ld"d. the Ol\ner shall pur- chase and ma.ntaln property Insurance upon the entlTe Work at the site to the full insurable \'alue thereof. This Insurance shall Include the interests ot the Owner, the ConstructIon Manager, the Contr,Jctor, Subcontractors and Sub-subcontractors in the \Vork, and shall insure against the perils of fire and extended co\ erage ,lnd shall ,nclude "all risk" InSUTanCe for phI Slcal loss or damage Including. I\lthout duplicatIOn 01 coverage. thett, van. dailsm ar1d maliCIOUS mischief. It the 0\\ ner does not rntend 10 purchase such insuTance fOT the full insurable I alue ot the entire WOTk, the Owner ~hall rnform the Contractor In wllttng pllor to commencement oi the \\-'oTk. The Contractor may then eiiect Insurance wh,ch will protect the interests of the Contractor, the Contrac- tor's Subcontractors and the Sub-subcontTactoTs In the WOTk. and by appropriate Change Order the cost thereof ,hall be charged to the Owner. Ii the Contractor is dam- aged bv failure of the Owner to purchase or maintain such Insurance and to so notify the ContractoT, then the Owner shall bear all reasonable costs properly attributa- ble thereto If not covered under the all risk insurance or otherwise provided in the Contract Documents. the ContT.!ctor shall effect and maintain similar property in. surance on pOTtions of the Work stored off the site or in transit when such portions of the Work are to be in- cluded in an ApplicatIOn ior Payment under Subpara- graph 9.3.2. 11.3.2 The Owner shall purchase and maintain such boiler and machinery insurance as may be required by the Contract Documents or by law. This insurance shall include the interests of the Owner. the Conslruction Man. ager, the Contractor, Subcontract()r~ and Sub-subcontrac- tOTS in the Work. 11.3.3 Am' loss insuTed under Subparagraph 113.1 is to be adlusted with the Owner and made payable to .the 0" ner as trustee for the insured~. a, thell interests may appear, subject to the Tequirements oi any applicable mortgagee clause and oi SubpaTagraph 11.3.8. The Con- tractor shall pay each SubcontTactor a Just shaTe oi any Insurance monies Tecelved by the Contractor, and by ap- propllale agreement. WTllten where legallv required for \al,d,l\' sh.J11 requlle each SubcontractoT to make par- ment; to thell Sub.subcontractoT' In Similar manner. 11.3.4 The OwneT shall iile a copy oi all policies with the Contractor before an exposure to 105s ma\' occur. 11.3.5 It the ContTactoT request, In \YTitlng that insur. ance lor mks other than those de'CTlbed rn Subpara- -graph, 11.3.1 and 11.32, or other speCial hazard~. be Incluaed in the pTopert\ Insurance pullc,> the Owner ,hall. Ii pOSSible: Include such Insurance .lnd the cost thereoi shall be chaTged to the ContTdctor bv appropriate Chan~e Order. "'" DOCUME"Ir A2111.'C~. GE"ER'l CO,",01110'"', Of THE CO,",lR'CT IO~ CO"SIRL'CTlO'- CO~STRUCTlON M~~^CE ...~f....r fOlllO'- . JUNE 1960 ED1TtO"", . AI.A,S -:9 1980 . THE o\.\.4ERlC'" I'QITL'T[ OF -\RCHIHCTS 1735 .....E\\' ""'OR~ ^\'E ,,\\ \\'."~H:""G~O' 0 C .:'~..,(... A201/CM - 1980 18 WARNING: UnlIcensed photocopying violates U.S. copyright '-" and II lubject to legal prosecution. 03/21/94 18 GENERAL CONDITIONS New Detention Facility Offices 00750 11.3.6 The Owner and the Contractor waive all rights against (1) each other and the Subcontractors, Sub-sub- contTactoTS. agents and emplovees of each other, and (2) the Architect. the ConstTuctlon "\anager and sepaTate con- tractors. if am. and the:' ,ubcc~:ractors, ,ub-<ubcontrac- tors, agents and emplo\ees, for carnages cau,ed b~ lire or other perils to the extent CO\ e'ed bv insurance obtained pursuant to thiS Paragraph 11 3 or any otheT pToperty In- surance applicable to the \\ oTk. except such Tights as they may have to the proceeds of such insurance held by the Owner as trustee. The foregoing waiver afforded the Architect. the ConstTuction \\anageT. their agents and employees shall not extend to the liability imposed by Subparagraph 4.18.3. The O\\ner or the Contractor. as appTOpTlate, shall TequlTe 01 the Architect. the COnstTUC' tlon Manager, separate contTactors, Subcontractors and Sub-subcontractors bv approp':Jte agreements. written "here legal" reqUired Il'r \al.c,ty. "milar "al\ers each In favor of all other paTties enumerated In this Sub. paragraph 11.3.6. 11.3.7 If reqUITed In wilting b\ Jny partv In Interest. the Owner as trustee shall. upon the OCCUTTence of an in- sured loss, give bond lor the pToper performance of the Owner's duties. The Owner shall deposit in a separate account any money so received. and shall distTlbute it in accordance with such agreement as the parties in inteTest may reach. or in accordance with an award by aTbitration In which case the procedure shall be as provided in Para. graph 7.9. If after such loss no other special agreement IS made, replacement of damaged WOTk shall be covered by an appropriate Change Order. 11.3.8 The Owner, as trustee. shall have power to adjust and settle any loss with the insurers unless one of the parties in inteTest shall object, in writing within five days after the occurrence of loss, to the Owner's 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 with the insurers in accordance with the directions of such arbi- trators. If distribution of the insurance proceeds by arbi- tration is requiTed. the arbitrators will direct such dis. tribution. 11.3.9 If the Owner finds it necessary to occupy OT use a portion OT porloons ot the \\oTk prior to SubstantIal Completion theTeof. such occupancy shall not commence prior to a time mutuallv agreed 10 by the Owner and the Contractor and to which the Insurance compam OT com- panies providing the property Insurance ha\ I' consented by endorsement to the polin' or policies. This insurance shall not be canceled or lao<ed on account of such partial occupancy. Consent 01 the Contractor and of the insur- ance company or companies to such occupancv or use shall not be unTeasonablv withheld. 11.4 LOSS OF USE INSURANCE 11.4.1 The Owner, at the Owner's option. mav purchase and maintain insurance for protection against loss of use of the Owner's pTopertv due to fire or other hazards. however caused. The Owner waIves all r,!~ht< 01 action against the Contractor for loss of use of the Owner's property. including consequentlJI losses due to file or other hazards ho" 1'\ er caused to the e\tent coveTed b, Insurance under Ih,s ParJgraph 11 4. ARTICLE 12 CHANGES IN THE WORK 12.1 CH"NGE ORDERS 12.1.1 -\ Change Order 's J written order to the Con- tractoT "gned to show the recommendation or the Con- structlon\\anager. the approval 01 the Architect and the aulhoTllatlon 01 the Owner. ISsued atter e\ecutlon 01 the Contract. authollzlng a change In the \\'oTk or an adJust- ment In the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed onl, b\ Change Order. A Change Order signed by the Contractor Ind,cates the Contractor's agreement there- with. Including the ad/ustment in the Contract Sum or the Contract Time. 12.1.:.! The O\\neT. \\Ithout InvalidatIng the Contract. n1d\ order nunge< In the \\ ork wlthm the general "ope 01 the Contract con<I>tlng 01 additions. deletIons or other reVISlom. the Contract Sum and the Contract Time being ad,u<led accoTdinglv. All <uch changes in the Work shall be duthorl:ed bv Change Order. .1nd shall be performed under the applICable conditions 01 the Contract Docu. ments. 12.1.3 The cost or cTedlt to the Owner resulting from a change in the Work shall be determined in one or more of the iollowing ways: .1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation: .2 by unit prices stated in the Contract Documents or subsequently agreed upon; .3 by cost to be deteTmined in a manner agTeed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 by the method provided in Subparagraph 12.1.4. 12.1.4 If none of the methods set forth in Clauses 12.1.3.1,12.1.3.2 or 12.1.3.3 is agreed upon, the Contrac- tor, provided a wrilten order signed by the Owner is re- ceived, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by the Architect. after consultation with the Construction Man. ager, on the basis of the reasonable expenditures and sa\ mgs ot those performing the WOTk attributable to the change. Including, in the case 01 an increase in the Con- tract Sum. a reasonable allowance for overhead and pTOll1. In such case. and also under Clauses 12.1.3.3 and 12.13.4 above, the ContTactor shall keep and pTesent, in such form as the OwneT, the ATchitect or the Construc. tlon Manager mol\' prescnbe. an itemIzed accounting to. gether WIth JppropTlate supportmg data for inclusion in a Change Order. Unless otherwise pro\'ided in the Con. tract Documents, cost shall be limIted to the following: cost ot matenals, includIng sales tax and cost of deli\ery; cost of labor, Including SOCIal security, old age and unemplovment JnSUTance. and fnnge benefits required by agTeement or custom, workers' or workmen's compensa- tIon Insurance. bond premIums. rental value of equip' men: and machine",. and the additional costs of super- vIsIon and tleld ohice peTsonnel drrectlv attributable to the change. Pendmg Imal determination of cost to the 0\\ ner pa\ments on account shall be made on the Ar- chitect, appro\al ot .1 ProJect Certtiicate for Pa\'menl. 19 A201/CM - 1980 AI" OOCUMENT "201lCM . GE"E~Al CO"OII10'S 01 THE CO",IRACT FOR CO"STRL:CTIO' CONSTWCTIO:--' M"N~GE"E'1 EDITIO' . Jl"E 1~8() EDITIO", . "'A" . @ 1980 . THE '\';\'EI\IC~"" I",STlll H OF "RCtlll[CT~ 1~3S /'."E\\ 'O~I\ :\\f "\\ \\ -\5Hl-..;CTO.... 0 C :2(XY'1n WARNING: Unlicensed photocopyi~ violat~s US- copyright 1-. and Ia subject to legal proaecution. 03/21/94 19 GENERAL CONDITIONS New Detention Facility Offices 00750 The amount of credit to be allowed by the Contractor to the Owner for any deletion or change which results in a net decTease in the Contract Sum w"l be the amount 01 the actual net cost as confirmed by the Arch,tect afler consultation wIth the Construction Manager. When both additions and credits covering related Work OT substitu- tions are onvolved in anyone change, the allowance for oveThead and profit shall be figured on the baSiS of the net increase, if any, With respect to that change. 12.1.5 If unit prices are stated in the Contract Docu. ments or subsequently agreed upon, and if the quantities orrginally contemplated are so changed in a proposed Change Order that applical10n of the agreed unit prrces to the quantities of Work pToposed will cause substantIal inequity 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 sUTface of the gTound or should concealed or unknown conditions on 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 OT should concealed or unknown conditions in an existing struc. ture of an unusual nature, differing materially from those ordinarily encountered and generally Tecognized as in. herent in work of the character provided for in this Con. tract. be encountered, the Contract Sum shall be equita- bly adjusted by Change Order upon claim by eitheT party 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 giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or pTOp- erty in which case the Contractor shall proceed in ac. cordance with Paragraph 10.3. No such claim shall be valid unless so made. Ii the Owner and the Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be determoned by the Architect after consultation with the Construcl1on Manager. Any change in the Contract Sum resultong from such claim shall be authorized by Change Order. 12.3.2 If the Contractor claims that addilional cost IS in- volved because of. but not lImited to. 111 .1nv \\lltter. in- terpTetatoon pursuant to SubpaTagraph 2.311. i21 anv or. der by the Owner to stop the WOTk pursuant to Para. graph 3.3 where the ContTJ.ctoT was not at fault. or any such order by the Construction ManageT as the Owner's agent, (3) any wTitlen order ior a monor change in the Work issued p.ursuant to Paragraph 12.4. or (41 tarluTe of pavment bv the Owner pursuant to Paragraph 97. the ContTactoT shall make such claim as prO\1ded in Sub- paragraph 12.3.1. 12.4 MINOR CHANGES IN THE WORK 12.4.1 The A.rch,tect Will have authorrt\ to order minor changes in the \\oTk not 1m olving an adlustment on the Contract Sum or extension of the Contract Time and not Inconsistent with the intent oi the Contract Documents. Such changes shall be enected by written order issued thTough the ConstTuctlon ManageT. and shall be binding on the OwneT and the Contractor. The Contractor shall carrv out such wrr!ten orders pTomptlv. ARTIClE 13 UNCOVERING AND CORRECTION OF WORK 13.1 UNCOVERING OF WORK 13.1.1 Ii any portIon of the Work should be covered contrarv to the request of the Architect or the Construc- tIOn M~nager. or to requirements speCifically expTessed in the Contract Documents, it must, if requiTed in writing by eltheT, be uncovered for theiT obseTvation and shall be replaced at the ContTactor" expense. 13.1.2 If any other portion of the WOTk has been cov- ered which the Architect or the Construction Manager has not specifIcally Tequested to obseT\e prior to its being covered, eltheT may Tequest to see such Work and it shall be uncoveTed by the Contractor. If such WOTk be found rn accordance with the Contract Documents, the cost of uncovering and replacement shall, by appropriate Change Order, be chaTged to the Owner. If such Work be found not in accordance with the Contract Documents, the Contractor shall pay such costs unless it be found that this condition was caused by the Owner or a sepaTate contractor as provided in Article 6, in which event the Owner shall be responsible for the payment of such costs. 13.2 CORREalON OF WORK 13.2.1 The Contractor shall promptly correct all Work rejected by the Architect or the Construction Manager as defective or as failing to conform to the Contract Docu- ments whether observed before or after Substantial Com- pletion oi the Project and whether or not fabricated, in. stalled or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensa. tion for the Architect's and the Construction Manager's additional services made necessary thereby. 13.2.2 If. within one year after the. Date of Substantial Completion of the PToject or designated pOTtion thereof, or wlthrn one year afteT acceptance bv the Owner of deSIgnated equl'pment, or Within such longer period of time as mav be prescrIbed by law or bv the terms 01 an) applicab!e special warranty required by the ContTact Docu- ments, anv 01 the Work is found to be defective or not In accordance with the Contract Documents, the Contractor ,hall correct It pTomptlv after receipt of a wTitten notice rrom the Owner to do so unless the Owner has pTevi. oush gl\ en the Contractor a wlltten acceptance of such condition. This obligation shall survive both final pavment for the Work OT de<lgnated pOTlIon thereof and termina- tion of the Contract. The Owner shall give such notice prompllv atter discovery of the condition. 13.2.3 The ContractoT shall TemO\e from the site all portlon< of the \\ or~ which are defectl\ e OT nonconfoTm- ,n~ and \\ h,ch ha\ I' nol been corTected under Subpara- I:r~phs 4.5.1 1321 and 1322. unle'< removal i< waived f)\ the Owner. 13.2.4 II the Contractor fali, :0 correct defeChE' or non- conform,"~ \\'or~ a' prO\ Ided In Subparagraph 45.1. "IA DOCUMENT A201/CM. CE'U:."'-l CO,\:L)llIUV; OF THf (0....1I\l,(7 FO~ C'~'SiRL'C. (), CONSTRUCTION M"",AGE\IE"T EOITIO", . IU"E 108(1 EDITIO~ . AI.~" 0_ ~ 1980 0 1HE ,.....HRIC4.~ I.....STITl TE OF A~CHIHCTS 1:-)'; 'E\\' 'OR~ \\[ ..... \\ \\ ~"HI'CTO' 0 C ~iYVIt A201/CM - 1980 20 WARNING: unltcenwd photocopying violates U.S. copyright laws and is subi"" to legal prosecution. 03/21/94 20 GENERAL CONDITIONS New Detention Facility Offices 00750 13.2.1 and 13.2.2, the Owner may correct it in accordance with Paragraph 3.4. 13.2.5 If the Contractor does not pToceed with the COT' rection of such defectl\'e or nonconfoTmlng Work within a reasonable time fixed bv writlen notIce fTom the ATCh,- tect issued through the Construction Manager, the Owner may remove it and may stoTe the materials or equIpment at the expense of the ContTactor. If the Contractor does not pay the cost of such removal and storage WIthin ten days thereafter, the Owner may, upon ten additional days' written nOllce, sell such Work at auction or at pri- vate sale and shall account for the net proceeds thereoi. after deducting all the costs that should have been borne by the Contractor, including compensation for the ATchi- tect's and the ConstTuctlon Manager's additional services made necessary thereby It such pToceeds of sale do not cover all costs which the ContraclOT should have borne, the difference shall be chaTged to the Contractor and an appropriate Change Order shall be Issued. If the payments then or thereafter due the Contractor are not suffiCient to coveT such amount, the ContTactor shall pay the differ- ence to the Owner. 13.2.6 The Contractor shall bear the cost of making good all work of the Owner or separate contTactoTs de. stroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents. including Paragraph 4.5 hereof. The establishment of the time periods noted in Subparagraph 13.2.2, or such longer perood of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents. relates only to the specific obligation of the ContTactor to correct the Work, and has no relationship to the time within which the Contractor's obligation to comply with the Contract Doc. uments may be sought to be enforced. nOT to the time within which proceedings may be commenced to estab. lish the Contractor's liabilitv with respect to the ContTac. tor's obligations other than specifically to correct the Work. 13.3 ACCEPTANCE OF DEfEalVE OR NONCONFORMING WORK 13.3.1 If the Owner prefers to accept defective or non. confOTmlng Work, the OwneT may do so Imtead oi requlI' ing its removal and correction. In which case a Change Order will be issued to reilect a reduction in the Contract Sum where approproate and eqUItable. Such adlustment shall be effected whetheT or not i,nal payment ha, been made. 14.1 14.1.1 under ARTICLE 14 TERMINATION OF THE CONTRACT TERMINATION BY THE CONTRACTOR If the Work is stopped for a period of thIrty days an order of any court or otheT public authoTity I, ~., haVIng JUTisdiction, or as a result of an act of government such as a declaTation of a natIonal emergency making materIals unavadable, through no act OT fault of the Con- tractor or a SubcontTactoT OT their agents or employees or any other peTson; perioTmlng any oi the Work under a contract With the Contractor, OT If the WOTk should be stopped tor a perrod of thIrty days by the Contractor be- cause ot the Construction Manager s failure to Tecom. mend or the ArchItect's failure to issue a Project CeTtlfi. cate fOT Payment as provicjed In ParagTaph 9.7 or because the Owner has not made payment thereon as provided in Paragraph 9.~. then the Contractor may, upon seven addi- tional days' wTitlen notICe to the Owner, the Architect and the ConstTuctlon Manager. teTmlnate the Contract and recover from t~e Owner payment tor all \VoTk executed and fOT anv pToyen loss sustained upon any materials, Nlulpmt'nt. tool,. construction equipment and machinery, Includln'i rea'onable protlt and damage, 14.2 TERMINATION BYTHE'OWNER 14.2.1 If the ContractoT IS adjudged a bankrupt, or makes a general assIgnment for the benefit of cTeditors, or If a recel\ er is appointed on account of the Contrac- tor's insolyency. or if the Contractor peTsj.Stently or re- peatedly reluses OT fails, except in cases for which exten- sion of lime IS provided, to supply enough properly skilled workers or proper materials, or fails to make pTompt payment to Subcontractors or for materials or labor, or persistently disTegards laws. ordinances, rules, regulations or orders of any public authority having juris- tlOn, or othef\vlse is guilty of a substantial violation of a proYlslOn of the Contract Documents, and fails within >even da\; after Teceipt of w Titlen notice to commence and continue correction of such default, neglect or viola- tion wllh diligence and pTomptness, the Owner, upon certification by the Architect after consultation with the Construction ."'Ianager that suffiCient cause exists to justify such action, may. after seven days following Teceipt by the Contractor of an additional wTltlen notice and with- out preJudice to any other remedy the Owner may have, termonate the employment of the Contractor and take possessIon oi the site and oi all matenals, equipment, tools, constructIon equipment and machinery thereon owned bv the Contractor and may finish the Work bv whatever methods the OwneT may deem expedient. In -uch ca,e the ContTactor shall not be entitled to Teceive .1nv further pa\ment untillhe \\ork j, tlnl,hed. 14.2.2 Ij the unpaid balance ot the Contract Sum ex- ceed, the costs ot iinlshing the WOTk. Including compen. 'JlIOn for the -\rchitect's and the Comtructlon Manager's .\dd'lIO~J[ 'e~, ce< made nece<,Jf\ trerebv. such excess ,h.,11 be p."d :0 the Contractor Ii ,uch costs exceed the unpaId b.,'Jnce the ContTactor shall pay the difierence to the 0" ner The amount to be paid to the ContTactor OT to the Owner. as the case Olav be. ,hall be ceTtified bv the ATch'lect. upon application. in the man neT pTovided In ParagTaph 94. and this obligatIon tor payment shall 'Uf\1\ (' Ih(' tef'Tllnatlon of the Contract. 21 A201/CM -1980 "'" OOCUME'iT "201'CM . C[ '"'' C0'eJiTIO'o;S Of lC'[ eo.... T~'C' fOR CO....STRL CTIO.... COSSTRL'CTIO\' .\\.&..'^CE\.IE'T 1.:'>'7:0'- . jL....E 19SO EDITiOS . ,~IAS. . ~ 1980 . THE >\\\[1\1["'.... I.....STITL TE Of ""Cr1 -~C'~ -;; ....E\\" 'fOR"': J,,\l .... \\ \\"'~~!'C:O"" 0 C. ~<X'106 WARNING: Unlicensed photocopying violates US. copyright laws and Is subject to legal proSKution. 03/21/94 21 GENERAL CONDITIONS New Detention Facility Offices 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, AIA Document A201/CM dated June 1980 Edition. In cases of conflict between the General Conditions and these Supplementary Conditions, wording of this section shall govern. ARTICLE 1 1. Subparagraph 1.1.3 - third line-after the word "construction," delete the remaining words and insert the following: "and all supplies, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities, services, and incidentals necessary for the proper execution and completion of such construction; except as expressly noted in the Scope of Work or the General Requirements of the Contract." 2. Subparagraph 1.2.1 - delete in its entirety. 3. Add new subparagraph 1.2.5 as follows: "Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work." 4. Add new subparagraph 1.3.2 as follows: "Unless otherwise provided in the Contract Documents, the Trade Contractor will be furnished, free of charge, all copies of Drawings and Specifications reasonably necessary for the execution of the Work." ARTICLE 2 1. Subparagraph 2.2.1 - after the word "representative", add: "The term Construction Manager means the Construction Manager acting through his authorized representative." 2. Subparagraph 2.3.4 - first sentence after the word "Architect," add "along with thEi Construction Manager." 3. Subparagraph 2.3.7 - after the word "properly," add: "It is the intent of the Contract Documents to allow the Construction Manager to schedule the performance of all Work and the contractors are expected to follow all such schedule 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 1 direction. Should a contractor, either in person or through his subcontractor, supplier, or vendor, fail to maintain progress according to the Project Schedule and approved Contractor's Schedule, or cause delay to another Contractor: he shall furnish additional labor and/or services such as overtime as may be necessary to bring his operations UP to schedule, all at no additional cost to the Owner." 4. Subparagraph 2.3.15 - delete in its entirety. 5. Subparagraph 2.3.18 - delete the word "reasonable" in the sixth (6th) line. After the word "promptness", add "consistent with the constraints of the project schedule so as to cause no delay." 6. Subparagraph 2.3.21 - first line - delete the words "the Construction Manager will assist the Architect", and substitute, "The Architect will assist the Construction Manager." 7. Subparagraph 2.3.23 - delete the phrase "against whom the Contractor makes no reasonable obj ection and." .Also, delete the last sentence in the subparagraph in its entirety. ARTICLE 3 1. Subparagraph 3.2.1 - delete in its entirety. 2. Subparagraph 3.3.1 - delete from the last sentence the phrase, "..., except to the extent required by Subparagraph 6.1.3". 3. Subparagraph 3.4.1 - substitute three (3) days notice in each case for the seven (7) day notices stipulated. Add at end of subparagraph the following: "In the event of clean- up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of a serious nature, as determined by the CM, notice will given, and contractor is required to rectify deficiency immediately." ARTICLE 4 1. Subparagraph 4.1.1 - delete in its entirety and insert the following: "The Contractor is the same person or entity identified as the Trade Contractor. A Trade Contractor is the person or entity identified as such in the Agreement between the Owner or Construction Manager and a Trade Contractor. The term Trade Contractor includes one who furnishes material worked to a special design but does not include one who furnishes material not so worked and is referred to throughout the Contract Documents as if singular in number'and masculine in 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 2 gender. The term Trade Contractor means the Trade Contractor or his. authorized representative." 2. Add new subparagraph 4.4.3 as follows: "The Gontractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or state regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor employee is determined to be detrimental to the Project, as deemed by the Construction Manager, the Contractor will remove and/or replace the employee at the request of the Construction Manager. Employees dismissed from the project will be transported from the jobsite at the Contractor's expense." 3. Add new subparagraph 4.4.4 as follows: "The Trade Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment." 4. Add new subparagraph 4.4.5 as follows: "The Trade Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Trade Contractor agrees to cooperate with the Construction Manager, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected." 5. Subparagraph 4.7.1 - delete in its entirety and replace with: "The Contractor shall secure and pay for all permits, governmental fees, licenses, inspections and surveys required by Federal, S~ate, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Owner will not assess any County permit or County impact fees for the building permit which will be issued by the City of Key West Building Department. Upon execution of the Contract, the Owner shall transfer the building permit to the Contractor at no cost. The Contractor shall secure and pay for all specialty permits for the building such as plumbing, electrical, HVAC, etc. " . 6. Subparagraph 4.9.1 - add the following sentence: "The superintendent shall be satisfactory to the Construction Manager and shall not be changed except with the consent of the Construction Manager, unless the superintendent proves to be unsatisfactory to the Trade 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 3 Contractor or ceases to be in his employ." 7. Subparagraph 4.10.1 - add the following sentence: "This schedule, to be submitted within three (3) days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject.to the Construction Manager's approval." .8. Add new subparagraph 4.10.2: "The Construction Manager will conduct a weekly scheduling meeting which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems." 9. Add new subparagraph 4.12.9: "If materials specified in the Contract Documents are not available on the present market, the Trade Contractor may submit data on substitute materials through the Construction Manager to the Architect/Engineer for approval by the Owner." 10. Subparagraph 4.14.1 - add at line 3 after "properly": "He shall also provide protection of existing work as required." 11. Subparagraph 4.14.2 - at end of paragraph, add: "When structural members are involved, the written consent of the Architect/Engineer shall also be required. The Trade Contractor shall not unreasonably withhold from the Construction Manager or any separate contractor his consent to cutting or otherwise altering the Work." 12. Add new subparagraph 4.14.3: "The Trade Contractor shall arrange for any blockouts, cutouts, or opening required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Trade Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, any such blockout, cutout opening, or other hole in any fire-rated floor, ceiling, wall, security wall, or any other finished surface". 13. Subparagraph 4.15.1 - at end of paragraph, add: "Clean up shall be performed to the satisfaction of the Owner or ~onstruction 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 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 4 Contractor, and may be considered grounds for replacement of site personnel." 15. Add new Subparagraph 4.16.3: "All written correspondence to the Construction ~anager shall be serialized, dated, and signed by an authorized representative of the Trade Contractor. The correspondence shall be directed to: Mr. Larry Keys Morrison-Knudsen/Gerrits 5090 College Road Key West, Florida 33040 or hand delivered to Morrison-Knudsen/Gerrits' office. Serialization procedures will be provided to the Trade Contractor in the pre-construction meeting. II Each trade contractor shall be required to check his designated mailbox regularly. This mailbox will be made available, and located by the Construction Manager. 16. Subparagraph 4.18 - delete in its entirety and insert "Indemnification and Hold Harmless" and the following: liThe Contractor covenants and agrees to indemnify and hold harmless Monroe County, Monroe County Board of County Commissioners, and Morrison-Knudsen/Gerrits from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County and Morrison-Knudsen/Gerrits) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its subcontractors in any tier, occasioned by the negligence or other wrongful act or omission of the Contractor or its subcontractors in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the ~ndemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement." ARTICLE 5 1. Subparagraph 5.2.3 - delete in its entirety and insert the following: "If the Owner or Construction Manager refuses to accept any person or entity on a list submitted by the Trade Contractor in response to the requjrements of the Contract Documerits, the Trade Contractor shall submit an acceptable substitute; 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 5 however, no increase in the Contract Sum shall be allowed for any such substitution.1I ARTICLE 6 1. Subparagraph 6.1.1 - delete the last sentence. 2. Subparagraph 6.1.3 - delete in its entirety, and insert the following: "It shall be the responsibility of each contractor to coordinate his work with the work of other contractors on the site. The Owner and Construction Manager shall be held harmless of any and all costs associated with improper coordination. II 3. Subparagraph 6.2.5 - sixth line, after the word "initiates," delete the words "an arbitration proceeding" and substitute "a claim;" tenth line, delete the words "at the Owner's expense, and"; thirteenth line, after the words "and court or," delete the word "arbitrationll and substitute "claim.1I 4. Add new subparagraph 6.2.6: "Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify the Construction Manager in writing, of his contention: Setting forth (A) The cause for the delay, (B) A description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to the Construction Manager with (72) hours after the delay has ceased to exist. It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Construction Manager for an increase in the contract price, nor a claim against the Owner or Construction Manger for a payment or allowance of any kind for damage, loss or expense resulting from delays: Nor shall the Contractor have any claim for damage, loss'or expense resulting from interruptions to, or puspension ofr his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time. II ARTICLE 7 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 6 1. Subparagraph 7.1.1 - delete in its entirety and insert the following: liThe contract shall be governed by the laws of the state of Florida. Venue for any claims or disputes arising under this contract shall be in. the circuit Court of the 16th Judicial Circuit of the state of Florida." 2. Subparagraph 7.2.1 - delete in. its entirety and insert the following: liThe Owner or Construction Manager (as the case may be) and the Trade Contractor each binds himself, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other." 3. Add new Subparagraph 7.2.2: "The Trade Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Construction Manager." 4. Subparagraph 7.8.1 - delete in its entirety. 5. Paragraph 7.9 'Arbitration' and all associated subparagraphs 7.9.1, 7.9.2, & 7.9.3 - delete in their entirety. ARTICLE 8 1. Subparagraph 8.3.1 - delete in its entirety and insert the following: ."If the Trade Contractor is delayed, at. any time, in the progress of the Work, by any act or neglect of the Owner, Construction Manager, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Trade Contractorts control, or by delay authorized by the Owner, Construction "Manager, or by any other cause which the Construction Manager determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as the Construction Manager may determine, in accordance with subparagraph 6.2.6." 2. Subparagraph 8.3.2 - replace the remainder of the Paragraph after the word "waived" in line 4 with the following: "Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Trade Contractor shall report the termination of the cause for the delay within twenty (20) 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 7 days after 'such termination: otherwise, any claim for extension of time based upon that cause shall be waived." 3. Subparagraph 8.3.4 - delete in its entirety and insert the following: "It shall be recognized by the Trade Contractor that he may reasonably anticipate that as the job progresses, the Construction Manager will be making changes in, and updating Construction Schedules. No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules which are of the type ordinarily experienced in projects of similar size and complexity." 4. Add new subparagraph 8.3.5: "If the Project is delayed as a result of the Trade Contractor's refusal or failure to begin the Work on the date of commencement as defined in paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Trade Contractor causing the delay shall be liable, but not limited to, delay claims from other Trade Contractors which are affected." ARTICLE 9 1. .Subparagraph 9.3.3 - add at line 14 after the word "person": "All Trade Subcontractors and Trade Sub-subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Trade Con.tractor." 2. Subparagraph 9.5.1 - add: . "Fro~ the total of the amount determined to be payable on a progress payment, 10 percent of such total amount will be deducted and retained by the Owner until final payment is made. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. When not less than 95 percent of the work has been completed, the Owner may, at his/her discretion (and with the consent of the surety), prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, (whichever is greater), of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. . It is understood and agreed that the Contractor shall not be entitled .to demand or receive progress payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities. have been determined by the Construction Manager to be a part of the final quantity for the item of work in question. 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 8 No progress payment shall bind the Owner to the acceptance of any materials or work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 3. Add new subparagraph 9.5.6: "All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Trade Contractor from the sole responsibility for the materials and work upon which payments have been made or the restoration for any damaged material, or as a waiver to the right of the Owner or Construction Manager to require the fulfillment of all the terms of the Contract." 4. Add new subparagraph 9.5.7: "Except in case of bona fide disputes, or where the Trade Contractor has some other justifiable reason for delay, the Trade Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Trade Contractor shall pay, to each of his Trade Subcontractors, not later than the end of the calendar month in which each payment is made to the Trade Contractor, the representative amount allowed the Trade Contractor on account of the work performed by his Trade Subcontractor interest therein. The Trade Contractor shall, by an appropriate agreement with each Trade Subcontractor, also require each Trade Subcontractor to make payments to his suppliers and Trade Sub-subcontractors in a similar manner. II 5. Subparagraph 9.6.1 - delete in its entirety and insert the following: "The Construction Manager/Architect may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Trade Contractor and Construction Manager cannot agree on a revised amount, the Construction Manager shall process the Application for the amount he deems appropriate. The Construction Manager may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, he may nullify, in whole or part, any approval previously made to such extent as may be necessary in his opinion because of: (1) defective work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of 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 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 9 work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to the Construction Manager, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. 9.6.1.1 No payment shall be made to the Trade Contractor until certificates of insurance or other evidence of compliance by the Trade Contractor, within all the requirements of Article 11, have been filed with the Owner and Construction Manager. Further, no payments on the basis of work performed by a Trade Subcontractor shall be paid until copies of all bonds required by Paragraph 7.5 and any certificates of insurance required of the Trade Subcontractors under Article 11 have been filed with the Owner." 6. Paragraph 9.7 - delete in its entirety. ARTICLE 10 1. Paragraph 10.2.5 - second sentence - delete "(other than damage or loss insured under Paragraph 11.3)". ARTICLE 11 1. Delete Article 11 in its entirety and insert Article 11; "Insurance and Bonds" and the following subparagraphs: Prior to commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at their own expense, insurance as specified in the attached schedules, which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative the Contractor may require all ~ubcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the work commenced on ~he specified date and time, except for the Contractorts failure to provide satisfactory evidence. 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 10 The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed' as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall provide, to the County in care of the Construction Manager, as satisfactory evidence of the required insurance, either: o Certificate of Insurance or o A certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty -(30) days prior notification is giv~n to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, it's employees and officials, and Morrison Knudsen/Gerrits will be included as "Additional Insured" on all policies, except for Worker's Compensation. In addition, the County will be named as an additional insured and loss payee on all policies covering County-owned property. Any deviations from-these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 11 \;.. ;~ lY'fj I"~ GENERAL LlABILlTY , \" N, a minimum, the required generalliabitity coverages will include: . Premises Operations . Blanket Contractual . Expanded Definition of Property Damage . Produds lInd Completed Operations Personal Injury . Required Limits: GL2 ~ $ 100,000 per Person; $300,000 per OCCllrrence $50,000 Property Damage or $300,000 Combined Single Limit $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit $500,000 per Per~ $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit GLI GLJ Required Endorsement: ( GLXCU GLLlQ Underground, Explosion and Collapse (XCU) Liquor Liability All endorsements are required to have the same limits as the basic policy', ~ ^dmlnlc:iratt\c lrc51n.x.1q INSCKLST ~~?()') 01 7 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 12 t\jr1l11. I ~ ] 'III rn.-.... VEHICLE LIABILITY A$ a minimum, CQvcrage should extend 10 liability for: . Ovmed; NonownC{\; and Hired Vehicles Required Limits: VL3 $50,000 per Person: S I 00,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrenc.e $50,000 Property Damage or $300,000 Combined Single Limit $500.000 per Person; $1,000,000 per Occurrence $100,000 Property Damilge or $1,000,000 Combined Single Limit VLI VL2 MISCELLANEOUS COVERAGES C. DRI Builders' Limits equal to the Risk completed project. MVC Motor Truck Limits equal to the maximum Cargo value of anyone shipment. PROI rrofessionill $ 250,000 per Occunencel$ 500,000 Agg. PR02 Liability $ 500,000 per Occurrencel$I.OOO,OOO Agg. PRO) $ 1,000,000 per OccurrcncelS2,OOO,000 Agg. POll Pollution $ 500,000 per Occurrencel$I,OOO,OOO Agg POL2 Liability $ 1,000,000 per OccurrencclS2,OOO,000 Agg. POL3 $5,000,000 per OccurrcncelS I 0,000,000 Agg. EDl -- Employee $ 10,000 ED2 Dishonesty $ I 00,000 UKI Garage $ 300,000 ($ 25,000 per Veh) GK2 Keepers $ 500,000 (SIOO,OOO per Veh) GKJ . $ 1,000,000 ($250,000 per Veil) MEDI Medical $ 500,000/$ 1,000,000 ^gg MED2 Professional $1,000,000/$ 3.000,000 Agg. MFDJ $\000.000/$ 10,000.000 ^gg \. ^d:nini<tnli\"(' Im..ructaa INSCKLST U70? 01 8 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 13 IF Installation Floater VlPI VLP2 VlPJ BlL IIKLI HKl2 I~KLJ AiRl AIR2 AJRJ AEOl AE02 AEOJ Jlaz.ardous Cargo Transporter Bailee Liab. Hangarkccpcrs Liability Aircraft Liabilily Archilccts Errors & Omissions ^'" ~ 21. IY'lJ he ~.. Maximum value of Equipment Inslalled $ 300,000 (Requires MCS-90) S 500,000 (Requires MCS-90) S 1,000,000 (Requires MCS-90) MaximulT~ Value of Property $ 300,000 S 500,000 S 1,000,000 $25,000,000 $ 1,000,000 S 1,000,000 $ 250,000 per OccurrencclS 500,000 Agg. $ 500,000 per OccurrencelSI,OOO,OOO Agg. S 1,000,000 per OccllrrencclS3,Ooo,OOO Agg. INSURANCE AGENT'S STATEMENT I bave reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY ( Liability policies are _ Occurrence Claims Made Insurance Agency DEDUCTIBLES .!.3IDDERS STATEMENT Signature I understand the insurance thaI will be mandatory if awarded the contract and will comply in full wilh aJlthe requirements. Bidder ."dminis1.n11\"C 1f'l"'lru..1toa INSCKLST .470901 - Signillure 9 03/21/94 00800 - 14 SUPPLEMENTARY GENERAL CONDITIONS New De~ention Facility Offices MONROE COUNTY. FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverZlgcs marked wilh an .X' will be rcquired in the event an award is made to your firm. Please rcview this form wilh your insurance agent And have himlhcr sign it in the place provided. It is also required thnlthc bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS'L1ABILlTY x Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act Stat\.llol)' Limits $100,000/$500,000/$100,000 $500,000/$500,000/$500,000 $1.000,000/$1,000,0001$1,000,000 Same as Employers' liability Same as Employers' liability WCI WC2 WC3 WCUSLH WCJA ( l. ^dmifti~r'lI;vt 1~1..... INSCKLST t47U9 01 6 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 15 PUBLIC CONSTRUCTION BOND BY THIS BOND, We and as Surety, are bound to herein called Owner, in the sum of $ for payment of which we bind ourselves, or heirs, representatives, successors, and assigns, jointly , as Principal , a corporation, personal and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , 19 , between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payment to all claimants, as defined in section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and; 3. Pays Owner all losses, damages, including damages for delay, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATE ON , 19 (NAME OF PRINCIPAL) BY (AS ATTORNEY IN FACT) (NAME OF SURETY) 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 16 11.1.8 Throughout the term of the contract, the Owner shall purchase and maintain property insurance on the completed value of the permanent facility only. The completed value is defined as all material, labor, supplies, and equipment intended to be incorporated in and to become a permanent part of the completed facility. Such insurance shall include perils of fire, lightning, and extended perils. The facility as defined for this paragraph includes structures as defined in the contract drawings and specifications. Notwithstanding any provisions contained in this paragraph, the Contractor shall be responsible for the first $10,000 on any loss governed by this section. The Contractor understands that the Owner's property insurance policy contains certain exclusions which are available upon request from the Construction Manager. 11.1.9 Public Construction Bond The Owner shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner in this section as a guarantee for the faithful performance of the. Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of section 255.05, Florida Statutes, which are incorporated herein. \ ARTICLE 12 1. Subparagraph 12.1.2 - Add to end of paragraph, "The Construction Manager will prepare each Change Order in the format of the AlA Document G701/CM. 2. Subparagraph 12.1.3 - under item .1, add the following at the end of the sentence, ", as set forth in subparagraph 12.1.6" 3. Subparagraph 12.1.4 - delete in its entirety and insert the following: "If none of the methods set forth in Clauses 12.1.3.1, 12.1.3.2 or 12.1.3.3 is agreed upon, the Contractor, provided a written order signed by the Owner or Construction Manager is received, shall promptly proceed with the Work involved. The cost of such work shall then be determined by daily force accounts in a form acceptable to the Owner and Construction Manager. The daily force account forms shall identify contractor and/or subcontractor personnel by name, total hou~s for each man, each piece of equipment and total hours for equipment and all material(s} by type for each extra work activity claim. Each daily force account form shall be signed by the designated Construction Manager's representative no later than the close of business on the day 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 17 the work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to the Construction Manager with all supporting documentation required by the Construction Manager for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; workers' or workmen's compensation insurance; and the rental value of equipment and machinery. Mark-ups for overhead and profit will be in accordance with subparagraph 12.1.6. Pending final determination of cost, payments on account shall be made as determined by the Construction Manager. The amount of credit to be allowed by the Trade Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in 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.1I 4. Add new subparagraph 12.1.6: liThe actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workman's compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered, the credit shall be the net cost. Items considered as overhead shall include insurance other than that'mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and ali general home/field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: 12.1.6.1 If the Trade Contractor performs the actual Work, the percentage mark-up for overhead and profit shall be a . maximum addition of fifteen percent (15%). 12.1.6.2 If the Trade Subcontractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%). If the Trade Contractor does not enter into the Work, the maximum mark up for managing this work will be ten percent (10%). 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 18 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 actua~ work, his percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%) on his direct work only. 5. Add new subparagraph 12.1.7: 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. Any additional supporting documentation requested by the Construction Manager such as certified quotations or invoices shall be provided by the Contractor to the Construction Manager at no additional cost to the Owner." 6. Subparagraph 12.3.1 - delete in its entirety and insert the following: "If the Trade Contractor claims that any instructions given to him by the Construction Manager, by drawings or otherwise, involve extra work not covered by the Contract, he shall give the Construction Manager written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Trade Contractor shall proceed in accordance with Paragraph 10.3. The written notice to the Construction Manager for the extra work shall include a complete description'of the extra work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this Subparagraph is given by the Trade Contractor. II 7. Subparagraph 12.3.2 - change the word 'agentt in the 7th line, to trepresentative'. 03/21/94 SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 19 8. 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. The Contractor shall maintain completed daily force account forms in accordance with subparagraph '12.1. 4 for any dispute or claim item." ARTICLE 14 1. Subparagraph 14.1.1 - starting at the 8th line, delete the phrase, "..., or if the Work should be stopped for a period of thirty days by the CONTRACTOR because of the CONSTRUCTION MANAGER'S failure to recommend or the ARCHITECT'S failure to issue a Project certificate for Payment as provided in Paragraph 9.7 or because the OWNER has not made payment thereon as provided in Paragraph 9.7". 2. Subparagraph 14.1.1 - add to the last sentence: home office overhead." "excluding 3. Subparagraph 14.2.1 - change the words 'seven days' in the 13th and 18th line, to 172 hours'. ************************ END OF SECTION 00800 03/21/94 . SUPPLEMENTARY GENERAL CONDITIONS New Detention Facility Offices 00800 - 20 CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS O\VNER ARCHITECT CONTRACTOR SURETY OTHER AlA Document G706 o o o o TO \Owner) I 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 satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none, write "None". If requirecl by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Consent of Surety to Final Payment. Whenever Surety is involved, Consent of Surety is required. AlA DOCUMENT G707, CONSENT OF SURETY, may be used for this purpose. Indicate attachment: (yes ) (no ). The following supporting documents should be at. tached hereto if required by the Owner: 1. Cont'ractor's Relea,e or Waiver of Liens, condi. tional upon receipt of f~nal payment. 2. SepaTate Releases or Waivers of Liens from Sub. contractors and malerial and equipment sup. pliers. to the extent requiTed by the Owner, ac. companied by a list thereof. 3. Contractor's Affidavit of Release of Liens (AlA DOCUMENT G706A). CONTRACTOR Address: BY: Subscribed and sworn to before me lhis day of 19 NOlary Public My Commission Expires: OSE PACE AlA DOCUMENT C7U. . CO'TRACTOR'S AfFID"VIT OF PAYMENT Of DEBTS AND Cl~I\IS . APRil 19~0 EDll10N """~ . t 19:0' TH[ A"E~IC"" INSTITUTE Of ARCHITECTS. 1~)5 -.:[\\' YO~, AVE.. N\\ \\'."SHINCTO' D C ~()()()6 03/21/94 00900-1 AFFIDAVIT OF PAYMENT OF DEBTS & CLAIMS New Detention Facility Offices CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS AlA DOCUl\IENT Ci'06A OWNER ARCHITECT CONTRACTOR SURETY OTHER o o o o I ARCHITECT'S PROJECT NO: I CONTRACT FOR: TO (Owner) L -.I CONTRACT DATE: PROJECT: (name, address) State 01: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AlA Document A201, hereby certifies that to the best of his knowledge, information and belief, except as listed below, the Releases or Waivers of lien allached hereto include the Contractor, all Subcontractors. all suppliers of materials and equip. ment, and all performers of Work, labor or services who have or may have liens against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: (If none, write "None". If required by the OwneT. the Contractor shall furnish bond satisfactory to the Owner for each exception.) SUPPORTING DOCU,"'IENTS ATTACHED HERETO CONTRACTOR 1. Contractor's Release or Waiver of liens, condi. tional upon receipt of final payment. 2. Separate Releases or Waivers of liens fTom Sub. contractors and material and equipment sup. pliers, to the extent requiTed by the Owner, ac. companied by a list thereof. Address' BY Subscflbed' and sworn to before me this day of 19 Notar)' Pub"c My Commission Expores: ".-' DOCU'AENT G70i". CO~TR"CTORS MFIO..VIT OF RHE..SE OF LIENS. ..PRll 19'0 Wlll0," . ~I"~ t 1970. THE ..,\I[RIC.~'" ,...STITUH OF~RCHITECTS, 173$ ~EW YORI( "\E, M\ \\~~H"Gl0"'. 0 C :000b O"E P ~GE 03/21/94 AFFIDAVIT OF RELEASE OF LIENS New Detention Facility Offices 00905 - 1 CONSENT OF SURETY COMPANY TO FINAL PAYMENT AlA DOCUMENT Cl07 OWNER ARCHITECT CONTRACTOR SURETY OTHER o o o o PROJECT: (name, address) TO (Owner) r I ARCHITECT'S PROJECT NO: CONTRACT FOR: L CONTRACTOR: -.J CONTRACT DATE: In accordance with the provisions oC the Contract between the Owner and the Contractor as indicated above, the lhfff ln~'t n.ltnot' .nd ,ddrt'n of Sure-I)' Comp<linYJ , SURETY COMPANY, on bond of Ih.r. in.." n.m. .nd addr." of Contr.e,or) , CONTRACTOR, hereby approves oC the final payment to the Contractor, and agr~ that fInal' payment to the Contractor shall not relieve the Surety Company of any of its obligations to Ih.,. ,n.." n.m. .nd .dd,... 01 Own.., OWNER, as set fOTth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set ,ts hand this dav of 19 Surety Company Signature of Authoflzed RepresentatIve Attest: (Seal) : Title NOTE This form " Ie. ~. us.d .. . eomp.nlon doeum.nt to AlA DOCUM[NT C:06, CONTRACTORS AffIDAVIT Of PAY.'\ENT OF DEB1S A"D CLAIMS, Cu".nt [dot,on 0"'[ P~C[ AlA DOCUMENT G707 . CO"SE'-o:T Of SVR[lV COMP"''''Y TO flN"'l PAYM[...T . "PRll 19'0 [01110'" . "''''~ () 1970' TH[ A'\ERICAN INSltlUTE Of ARCHITECTS, 1735 NEW YORK A\[. 1'0\\. "ASH"CTO-... D.C. 20006 03/21/94 CONSENT OF SURETY TO FINAL PAYMENT New Detention Facility Offices 00910 - 1 SECTION 0.0970 PROJECT SAFETY AND HEALTH PLAN 1.1 REGULATIONS AND POLICIES A. Every Contractor and Subcontractor employed on the Project shall comply with all applicable local, State, and Federal safety and health regulations and with Morrison-Knudsen Company, Inc. safety and health policies as described herein. 1.2 PROJECT SAFETY AND HEALTH REQUIREMENTS A. It is recognized that it is good business and evidence of competent leadership to prevent the occurrence of incidents that lead to occupational injuries or illnesses. Safety and health requirements on this project include, but are not limited to, the following: .1 In general, this accident prevention policy is based on a sincere desire to eliminate personal injuries, occupational illnesses, and equipment and property damage; and to protect the general public exposed to or associated with the work. .2 The importance of the safety of all workers on the project shall be recognized and accident prevention shall be an integral part of all operations. .3 Each Contractor and Subcontractor shall conduct work in a safe and practical manner in conformance with the OSHA Safety and Health Regulations and the latest edition of the Manual of Accident Prevention, Associated General Contractors of America. .4 Each Co'ntractor 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. 03/21/94 PROJECT SAFETY & HEALTH PLAN New Detention Facility Offices 00970 - 1 .6 A record of all occupational injuries and illnesses shall be maintained. Medical and lost time cases shall be properly recorded on the OSHA log, and reported to MORRISON-KNUDSEN/GERRITS. A copy of the insurance report for workmen compensation cases' shall be provided to MORRISON- KNUDSEN/GERRITS. .7 Each Contractor and Subcontractor shall provide or arrange for adequate first aid facilities, emergency transportation and persons qualified in first aid. .8 Each Contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. .9 Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be removed daily or placed in appropriate waste containers. All materials, tools, and equipment shall be stored in a safe and orderly fashion. Each contractor shall donate 10% of their staff to a crew that will convene every Friday at 1:00 pm for a joint site clean-up effort not to exceed a duration of three hours. In summary, there will be a 3-part clean-up plan. The first part consists of the contractor cleaning up on a daily basis, his workstations, and his trade work. The second part consists of the general clean-up, the concerted effort by all trade contractors working on the project. A minimum of (1) crew is to be utilized by each contractor, or 10%, whichever is more. The third part consists of the Owner cleaning up for a particular trade contractor should adequate notice not compel him to clean up his work. In this case, the appropriate contractors will be backcharged. .10 This project shall be a Hard Hat job and all supervisors, employees and visitors shall be required to wear a suitable hard hat while on the project site. .11 Other appropriate personal protective equipment shall be provided and worn as required including but not limited to long pants, shirts with sleeves and appropriate leather work boots. 03/21/94 00970 - 2 PROJECT SAFETY & HEALTH PLAN New Detention Facility Offices .12 Temporary construction aids such as ladders, scaffolds, stairs, railings, etc. shall be provided to facilitate access or working conditions in a manner that shall conform to the safety standards specified by Federal, state, Local or manufacturer's recommendations or stipulations. .13 Each Contractor and Subcontractor shall be expected to indoctrinate his employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. .14 If MORRISON-KNUDSEN/GERRITS notifies any Contractor of any noncompliance with the provisions of this program, the Contractor shall make all reasonable efforts to immediately correct the unsafe conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, MORRISON- KNUDSEN/GERRITS shall take one or more of the following steps: a. Cease the operation or a portion thereof. b. stop payment for the work being performed. c. Correct the situation using other forces and back charge the Contractor expenses incurred. d. Increase withholding in proportional increments for that given pay period. .15 All Contractor's Superintendents shall be required to attend and participate in all general project safety meetings. These meetings will be included in the weekly coordination meetings as previously specified or on an as needed basis. .16 All Contractors shall conduct Weekly Tool Box Safety Training Meetings, and shall document the minutes on the forms provided. These forms are to be transmitted to Morrison-Knudsen/Gerrits on a weekly basis. All employees working at the project site shall be required to attend and participate in the meetingq. .17 Shortly after the award of the contract and prior to the beginning of work, an Activity Ha~ard Analysis (phase plan) shall be prepared by the contractor and submitted to Morrison- 03/21/94 PROJECT SAFETY & HEALTH PLAN New Detention Facility Offices 00970 - 3 Knudsen/Gerrits for approval. The analysLs will address the hazards for each activity to be performed in that phase and will present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform work. The analysis will be discussed by the contractor and Morrison-Knudsen/Gerrits on-site representatives at the Preparatory Inspection Meeting. Work will not proceed on that phase until the Activity Hazard Analysis (phase plan) has been accepted by Morrison-Knudsen/Gerrits. .18 No personal radios or stereos will be allowed on the job-site. 1.3 FIRE PROTECTION A.. 1.4 A. Every Contractor and Subcontractor employed on the Project shall exercise good construction practices to prevent fire. It shall be the responsibility of the Contractor to insure that general fire protection facilities are adequate for his work and to provide additional fire protection facilities and devices, including fire extinguishers as required by their scope of work. WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES It shall be the Contractor's sole and exclusive responsibility (a) to provide personnel capable of working adjacent to energized electrical lines or other utilities; (b) to provide adequate, safe and properly maintained equipment; (c) to conduct all of his work in accordance with the safety rules and regulations prescribed by the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation and Mai~tenance of Electrical Supply and Communication Lines Hand Book 81, Occupational Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction and as specified elsewhere herein, or as are generally applicable to the type of work being performed; and (d) to continuously supervise and inspect the work being performed to assure that the. requirements of (a), (b) I 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. 03/21/94 PROJECT SAFETY & HEALTH PLAN New Detention Facility Offices 00970 - 4 1.5 A. B. C. BARRICADES, 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 times. 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 emp~oyed 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 03/21/94 00970 - 5 PROJECT SAFETY & HEALTH PLAN New Detention Facility Offices SECTION 00980 CONTRACTOR QUALITY CONTROL PLAN 1.1 MORRISON-KNUDSEN/GERRITS' DUTIES AND RESPONSIBILITIES A. The Morrison-Knudsen/Gerrits' superintendent will monitor all work performed by the Contractor and assist the Contractor with his conformance of the worK to the Contract Drawings and Specifications. 1.2 CONTRACTOR'S DUTIES AND RESPONSIBILITIES A. The Contractor is responsible for the quality of the work performed by his work force on this project as well as the quality of the material, equipment and supplies furnished by him to be incorporated into the work. B. The Contractor will designate a Quality Control Representative who will be on site at all times while the respective Contractor's work is in progress and will have the authority and responsibility to .accept or reject items of work. The Contractor's Quality Control Representative may delegate his duties but the primary responsibility and authority will rest on him. C. The Contractor's Quality Control Representative will coordinate the submittal of all shop drawings, product data and samples to 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. D. 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. E. The Contractor's Quality Control Representative will review his drawings, procurement documents and contracts to insure that the technical information provided and all work performed is in acco~dance with the latest revisions of the Contract Drawings and Specifications. 03/21/94 CONTRACTOR QUALITY CONTROL PLAN New Detention Facility Offices 00980 - 1 F. The Contractorls Quality Control Representative will perform an inspection upon receipt at the site of the work of all materials, equipment and supplies including those furnished to him by the Owner. Notes from this inspection will be filled out on the appropriate form and included with the Contractor Daily Quality Control Report. Items which are damaged or not in conformance with the respective submittals, quality standards, contract drawings and specifications shall be brought to the attention of Morrison-Knudsen/Gerrits' representative on site and then will be identified and segregated from accepted items. Items thus identified will not be incorporated into the work until corrective action acceptable to Morrison-Knudsen/Gerrits is completed. Items determined unsalvageable will be removed from the job site. These items shall be noted as deficient in the applicable section of the Contractor Daily Quality Control Report. 1.3 INSPECTION AND TESTING A. 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: Note: . 1 Preparatory Inspection - Prior to commencing the work, the Contractor's Quality Control Representative will meet with Morrison- Knudsen/Gerrits' Superintendent and the Architect's representative if he so desires to attend and check the following items at a minimum for conformance: (a) Approval of shop drawings and submittals. (b) Approval of inspection and test reports of materials and equipment to be utilized. (c) Completion of previous operations of preliminary work. (d) Availability of materials and equipment required. (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. 03/21/94 CONTRACTOR QUALITY CONTROL PLAN New Detention Facility Offices 00980 - 2 Note: .2 Initial inspection - Upon completion of a representative sample of a given feature of the work, the Contractorls 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 work. This will prevent oversights and omissions which could elevate costs. Sign-off sheets shall be used for, but not be limited to, concrete, drywall, ceilings, painting, roofing substrates and flooring. These reports are to be generated by the Contractor and submitted to Morrison- Knudsen/Gerrits' Superintendent for approval prior to the start-up of work. Failure to generate a sign-off sheet or to attain proper signatures prior to covering up underlying work may affect payment for that piece of work if ensuing problems are detected or not. This disciplinary action shall be carried out via the Nonconformance Report. (See section 1.4.2 of this plan.) 03/21/94 00980 - 3 CONTRACTOR QUALITY CONTROL PLAN New Detention Facility Offices Note: Note: Note: The Contractor shall be responsible to record these inspections and all other project related activities encountered throughout the day on the Contractor Daily Quality Control Report. .4 Completion Inspections - Upon completion of a given feature of the work, the Contractorls 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. .5 Follow-On Inspections - Upon execution of the contractor's completion inspection in elements of the work which result in concealment; such as, ceiling and drywall installations, the Contractor shall schedule and conduct multi-trade or singular inspections prior to covering installation. MK/G wil~ record the minutes to this inspection meeting. . 6 Pre-Final Inspection - Upon substantial completion of the project work MK/G shall coordinate and conduct a universal inspection of all areas and elements of the work. The Architect/Engineer may be represented if he so desires. This inspection shall be completed at least (15) days prior to the final substantial completion inspection which shall be conducted by the A/E. All deficiencies and incomplete work should be completed prior to 'the final substantial completion inspection. B. OPERATION AND CHECK OUT TESTING The Contractor will provide personnel and equipment to perform the operational tests and check-out of the . equipment, facilities or equipment constructed, fabricated or installed under this Contract. 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. 03/21/94 CONTRACTOR QUALITY CONTROL PLAN New Detention Facility Offices 00980 - 4 C. FINAL INSPECTION and issuance of the A/E CERTIFICATE OF SUBSTANTIAL COMPLETION Morrison-Knudsen/Gerrits I 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. 1.4 REPORTING Maintaining accurate and retrievable records is extremely important in the Quality Assurance Program. These records will act as a main source of information in the present and in the future for the entire project management team. The main report that will be utilized to provide this information is the Daily Quality Control Report. Nonconformance Reports may also be issued. A. DAILY QUALITY CONTROL REPORT The Daily Quality Control Report shall be used to document the summary of daily inspection activities performed by the Contractor's designated Quality Control Representative. It shall include any of the steps of inspection that are performed that day, all test monitoring and any rework of nonconforming items. The daily Quality Control Report section of the Daily Superintendent's Report will be routinely used for daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, section 01385. B. NONCONFORMANCE REPORT Nonconformance Reports will be issued for work that is found to be in nonconformance with the contract documents or the referenced quality standards. The report will be issued by Morrison-Knudsen/Gerrit~. 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. 03/21/94 CONTRACTOR QUALITY CONTROL PLAN New Detention Facility Offices 00980 - 5 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 Contractorls Daily Quality Report package for general review. Nonconformance Reports will be signed off once the deficient item or items have adequately been corrected. This will be done by the issuing Superintendent and Project Manager. These sign-offs will be included with a corresponding corrective action taken. significant nonconformances need to be addressed to prevent recurrence. The signed-off report will also be submitted for review. Work activities affected by a Nonconformance Report will proportionally counter-affect payments. Whether that be partial or full retainage will be left up to the discretion of Morrison-Knudsen/Gerrits' management team. 1.5 AUDITS A. Morrison-Knudsen/Gerrits may choose at its option to perform 'Contractor audits of their Contractor Qualrty Control Plan at any time. Reports of these audit results will be forwarded to the Project Manager for his action. Any action items noted during an audit for the Contractor will be followed up and documented to insure compliance and avoid recurrence. 1.6 SUMMARY The intention of this plan is to create a system of checks and balances that will minimize delays caused by rework and a lack of planning and maximize production and insure that the finished product is one that the entire construction team can pride themselves in. These goals can be achieved by giving the Owner exactly what he has bought. The Owner will expect no more and through Quality Assurance, the construction team will provide no less. ********************** END OF SECTION 00980 03/21/94 CONTRACTOR QUALITY CONTROL PLAN New Detention Facility Offices 00980 - 6 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. The Work Item Update listing (blank) will be distributed to the Contractor for completion prior to the 15th day of the month. 3. Ten (10) calendar days prior to the 25th (i.e., 15th of the month), work item updates are to be submitted by the Contractor to the CM for work through the period ending date (25th). 4. On or about the 15th or 16th day of the month, the eM will review the copies of the work item update with .the field staff and/or the'Contractor. 5. From about the 17th to the 20th day of the month, the CM will meet at the jobsite with the A/E to review the recommended work item update listings for A/E approval. 6. From the 21st to the 24th day of the month, the CM will provide the Contractor the reviewed and approved work item update and an application for payment. 7. The Contractor will execute certification by notarized signature of an authorized officer and attach to the Application for Payment, a completed and properly executed Affidavit and Partial Release of Lien form also contained in this section prior to the 25th day of each month. 8. On or about the 25th day of each month, the'A/E will certify the applications for payment at the monthly jobsite project coordination meeting and the CM will submit them to the Owner for processing or provide notification as stipulated in the General Conditions for withholding. 03/21/94 APPLICATION FOR PAYMENT New Detention Facility Offices 01027 - 1. 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 Ownerts 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. 03/21/94 APPLICATION FOR PAYMENT New Detention Facility Offices 01027 - 2 -'I 5- ..c ~:: .r& c- jj !t: ... ~~ e~ .... it ..u at<< III ... c o A. :) II: III ... >or . o :a I j j j j j j j -'flflf' 1IIIIn . .. : i . u 0" .... ...... 8 8 ~ 8 8 8 8 ci 0 0 0 0 0 0 . I .. r .. A. . \ il I! .f &- .. ~j i ~:) -,. ~~ .... TI ~ 8 8 8 8 8 8 o ci 0 0 0 0 0 1 .. . c . I .. r .. A. ;1 3! I . ! Ii ~u ;; ... .. Ie; & :~ . j€ ;1 8 ~ 8 8 8 8 ~ ,; 0 .; .; .; 0 0 .. : ! ~ -.: u III ! I ~ ... co u .... III ~ i .... ~ ... A '" c . .... ... ... c ~ III .. '" ..., ... . III ... ... .. . ... .... ........ ... ~ lI: i I~I~ I ... '" R B ... ... ~ . ~ .... III U ... ... ... . . '" .. :; , 0 0 0 0 0 0 0 ~ . , .. q: .. ..z: ... .. .... u' ..0 ! ~ ........... '" " .. ~ lU .. . ~L"" ~I <; N .... ~ g ~ ... 1 .. I: -....S' 0 g 8 .. ..... 0 0 Ii .. f66.. . A.uuca.. 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U U Q.. .. - 04/25/94 APPLICATION FOR PAYMENT New Detention Facility Offices Addendum No. 1 01027 - 5 MONROE COUNTY c/o MORRISON-KNUDSEN/GERRITS AmDA YlT AND PARTIAL RELEASE OF LIEN APPLICATION NUMBER: _PERIOD ENDING DATE: APPLICATION DATE: KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum S , to ~ paid to the undersigned, hereby releases, acquits, satisfies and forever discharges. MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action. liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or senices for the improvement of the following described property: ProgcfN'ai1l.~ As part of this PARTIAL RELEASF_ TIL\T UNDERSIGNED HEREBY CERTIFIES the following: THAT the contract of the undersigned, as adjusted by all increases and decreases. is in the amount of S , as of the date of the Partial Release and the undersigned has received S as payment on the adjusted contract amount as of the date of this Partial Release. THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the subject property have been paid in full. Any and all suppliers of labor, material or services for improvement to the subject property. who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for nonpayment: (If none, write "None") CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPA Yr\.fENT ( THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been collected for F.I.C.A and withholding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those subcontractors/suppliers amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the und~rsigned 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 HA.J~D THIS day of ,19_. Witness Name of Company Witness Signature, Title 03/21/94 APPLICATION FOR PAYMENT New Detention Facility Offices 01027 - 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 Wor-k. 1. Prepare agenda for meetings. 2. Provide notice of each meeting 24 hours in advance of meeting date, or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. c. Furnish three copies of minutes to the Architect. B. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. The Architect and the Owner's Representative may attend meetings to ascertain that the Work is expedited consistent with the Contract Documents and construction schedules. 03/21/94 PROJECT MEETINGS New Detention Facility Offices 01200 - 1 3 PRE-CONSTRUCTION MEETING A. Location: A central site designated by the Construction Manager. B. Attendance: 1. The Owner's Representative. 2. The Architect and his professional consultants (as required) . 3. Construction Manager. 4. The Contractor's Superintendent. 5. Major subcontractors. 6. Major suppliers. 7. Others as appropriate. C. Suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. Projected Construction Schedules. 2. critical Work sequencing. 3. Major equipment deliveries and priorities. 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Proposal requests. c. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of the Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Office, work and storage areas. b. The Owner's requirements. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first-aid procedures. 12. Security procedures. 13. Housekeeping procedures. 14. . Distribute meeting minutes within (3) days. 4 WEEKLY PROGRESS MEETINGS A. The Contractor's Project Manager and/or Superintendent shall be required to attend a weekly scheduling me.eting. B. Location of the meetings: Office of the Construction Manager. 03/21/94 PROJECT MEETINGS New Detention Facility Offices 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 ~ontracts of the Project. 13. Other business. 14. Distribute meeting' minutes. ******************** END OF SECTION 01200 03/21/94 PROJECT MEETINGS New Detention Facility Offices 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, and prior to proceeding with the site work, a preliminary "Submittal Schedule" to the Construction Manager for review, modification and response. No payment applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information: 1. Specification section number and name. 2. Specification Section paragraph identification which describes submittal requirement. 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). 03/21/94 SUBMITTALS New Detention Facility Offices 01301 - 1 B. The Contractor shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted and received by the Construction Manager. 2. Date contractor has scheduled to order material or equipment or the submittal item. 3. Date contractor has scheduled delivery to jOb-site of material or equipment or the submittal item. 4. Add any remarks or unique items that the CM or A/E should be aware of. C. The Contractor shall allow a minimum of (3) weeks for review of submittal by A/E (in calendar days) . D. The submittal master record will then be used to track supmittals within the process. 1.4 SHOP DRAWINGS A. Submit legible shop drawings in the form of positive printing reproducible transparencies, commonly called sepia prints, suitable for reproduction use on dry print diazo type machines. 'Sepia prints which cannot be reproduced will be returned to the Contractor for re-submittal. B. Provide shop drawings as complete submittals (no partial sets) on original drawings or information prepared solely by the fabricator or supplier. Deviation from complete submittals will only be allowed by pre-arranged method. C. Do not reproduce the Contract Drawings for shop drawing submittals. D. Sheet sizes shall be the same for all sheets and shall not exceed the size of the Contract Drawings. E. Each sepia print shall have blank spaces large enough to accept 4" x 4" review stamps of the Architect and the Contractor. F. Each 1- 2. 3 . sepia print shall carry the following information: Project name and contract number. Date. Names of: a. The Architect b. The Construction Manager c. The Contractor d. Supplier e. Manufacturer Identification of product or material. 4. 03/21/94 SUBMITTALS New Detention Facility Offic~s 01301 - 2 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly stated as such. 7. Specification Section number. 8. Applicable standards such as ASTM or Federal Specification. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and/or detain number. G. Submit sepia prints without folds either as flat sheets if size permits, or rolled in tubes. H. The contractor shall submit (1) reproducible and (5) blueline sets to the CM. The CM will forward (1) reproducible and (4) blueline sets to the A/E. The A/E will return (1) reproducible and (3) b1ueline sets to the CM. The CM will return (1) reproducible and (1) blueline to the contractor. After corrections are made, the requested number of sets of shop drawings issued "FOl: Construction Use" will be distributed to the CM and other trade contractors by the Contractor prior to the start of the Work. 1.5 PRODUCT DATA A. Product data such as 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. 1.6 SAMPLES A. Provide samples to illustrate materials, equipment or workmanship, and to establish standards by which completed work may be judged. 03/21/94 SUBMITTALS New Detention Facility Offices 01301 - 3 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 eM, and (1) will be returned to the contractor after review/return from the A/E. 1.7 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Contractor's letterhead stationary. Certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the Owner/Contractor agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents~ Attach manufacturer's affidavits where applicable. C. The contractor shall submit (1) original and (6) copies to the CM. The CM will return (2) sets to the contractor after review/return from the A/E. 1.8 THE CONTRACTOR'S RESPONSIBILITIES A. Before making submittals to the Construction Manager, review each submittal, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to the Construction Manager for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to the Construction Manager. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and' guarantees all at the same time for each submittal item. C. Verify field measurements and product catalog numbers or similar data. . D. Clearly identify on the submittal and transmittal to the Construction Manager in writing of deviations in submittals from the requirements of the Contract bocuments. 03/21/94 SUBMITTALS New Detention Facility Offices 01301 - 4 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. 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 03/21/94 SUBMITTALS New Detention Facility Offices 01301 - 5 ~ ~ "J ~ E .0 :l l/) ~ ell Z ::J iD ii c E ca .. Cl o .. a. en - c ~ E E ... ~ 0 eu.. Q.- E <<I -::: ~'E Q./J) ca c: 0<<1 ~.= ::l o o ~ o .. c o ::E ell '$ Q. E o (,) :J ~ E .0 :l '" ell a: ::J o Z ...J ~ ~ If) z < a: t- ~ o a: u. "';0 a:~ ell?l """' ~...J ou.. (,)..: .. 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Q";:~<II)::a ~EOo~~ ';:;~~~;Zu (J ~ ~ ~ c .!=~70orG :C!c.5,!! ~~.2-Ui~S ~-~~~~ c.i (13)( co~ o ... S a; ...J fJl c: o '<6 ~ ~ ::I o U5U5 ::i ell :; ~'O .~ ~ <13 0 ::2ll: ...J::2a.. 03/21/94 7 SUBMITTALS New Detention Facility Offices 01301 SECTION 01310 PROGRESS SCHEDULES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Progress schedules 2. Revisions to schedules B. Related sections: 1. SCOPE OF WORK c. Description: 1. Progress Schedules: Promptly after award of the Contract and prior to proceeding with the sitework, prepare and submit to the Construction Manager for approval, construction progress schedules for the work, with subschedules of related activities which are essential to its progress. Also incorporate manpower loading related to each activity on the construction schedule. 2. Revisions to Schedule: Submit revised/updated progress schedules with each payment application. 1.2 FORMAT A. Prepare Progress Schedules using the Primavera CPM Scheduling Computer Software Package Version 5.1. B. Each schedule submittal shall include, but not be limited to, a.report of all activities sorted by early start, a report of all activities sorted by activity number with predecessor and successor activities listed, a CPM plot of all activities and a copy of the schedule data back-up on a data disk(S) updated through the current payment application date for use by the Construction Manager. C. Include numeric manpower loading associated with each horizontal bar, clearly defined. D. Scale and spacing: to provide space for notations and revisions. E. Sheet size: minimum 8-1/2" x II". 03/21/94 PROGRESS SCHEDULES New Detention Facility Offices 01310 - 1 1 . 3 CONTENT A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify work of separate stages and other logically grouped activities. C. Provide sub-schedules to define critical portions of the entire schedule. D. Submit separate schedule of submittal dates for shop drawings, product data, and samples, including the Owner furnisrred 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 receipt of the Contract Notice to P~oceed. 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. 03/21/94 PROGRESS SCHEDULES New Detention Facility Offices 01310 - 2 1.6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. Note: It is not incumbent upon the Construction Manager to notify the Trade Contractor when to begin, to cease, or to resume work nor to give early notice of faulty or defective work, nor in any way to superintend so as to relieve the Trade Contractor of responsibility or of any consequence of neglect or carelessness. ******************** END OF SECTION 01310 03/21/94 PROGRESS SCHEDULES New Detention Facility Offices 01310 - 3 SECTION 01370 SCHEDULE OF VALUES PART 1 - GENERAL 1.1 SUMMARY A. section includes: 1. The Schedule of Values allocated to the various portions of the Work shall be submitted to the Construction Manager within three (3) days after Notice to Proceed. 2. Upon request of the Construction Manager, revise and/or support the values with data which will substantiate their correctness. 3. Upon recommendation by the Construction Manager, the Schedule of Values will be placed on the Agenda of the next Board of County Commissioner (BOCC) Meeting for approval. The BOCC meet monthly. 4. The Schedule of Values, as approved by the Board of County Commissioners, forms the basis for the Contractor1s Applications for Payment. 1.2 FORM A. AND CONTENT OF SCHEDULE OF VALUES Type schedule on AlA G703 Form; the Contractor1s standard forms and automated printout will be considered by the Construction Manager upon the Contractor1s 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. 03/21/94 SCHEDULE OF VALUES New Detention Facility Offices 01370 - 1 3. Clean-up. 4. Submittals. 5. Safety. E. For each major line item list sub-values of major products or operations under the item. F. For 1. 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. 2. 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 Sched~le of Material Values) as required. B. Resubmit revised schedule in same manner. ********************** END OF SECTION 01370 03/21/94 SCHEDULE OF VALUES New Detention Facility Offices 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 A. AND CONTENT OF DAILY CONSTRUCTION REPORTS 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. 03/21/94 01385 - 1 DAILY CONSTRUCTION REPORTS New Detention Facility Offices 1.3 SCHEDULE OF SUBMITTING DAILY REPORTS A. Daily Reports are to be submitted at the designated location d~scribed 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 03/21/94 DAILY CONSTRUCTION REPORTS New Detention Facility Offices 01385 - 2 SECTION 01395 DOCUMENT CLARIFICATION REQUESTS (OCR) 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 Consbruction Manager immediately. If clarifications are necessary, the request is to be conveyed to the CM. The DCR is a tool established to provide expedient clarifications of contract drawings, specifications or field conflicts. It is not meant to be a substitute for good communication. B. The DCR is not meant for formal notification of extra work. Reference General Conditions paragraph 8.3.2 and 12.3, when formal correspondence is required for formal notification of time extensions, and for cost change notifications. C. The contractor should propose a solution, and enter on the form in sufficient detail necessary for the A/E or CM to confirm the contractor's proposed solution. D. The contractor is also required to mention all other trade work which is affected by 'the problem, and all trade work which will be affected by the proposed solution. E. The responses provided on the'DCR form to the Contractor are considered by the Owner to be clarifications and/or minor changes in the Work not involving an adjustmenD in the Contract Sum or an extension of the Contract time per Paragraph 12.4 of 03/21/94 DOCUMENT CLARIFICATION REQUESTS New Detention Facility Offices 01395 - 1 the Contract General Conditions. .Should the Contractor' consider the DCR response requires extra work, notification in accordance with Paragraph 12.3.1 of the Supplementary General Conditions is required. 1.3 UTILIZATION OF DCR FORM A. The 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 03/21/94 DOCUMENT CLARIFICATION REQUESTS New Detention Facility Offices 01395 - 2 DOCUMENT CLARIFICATION REQUEST No. From: To: Morrison- Kn udsen!Gerrits Contract No. P. O. Box 5283 Key West, FL 33045 Receipt (305) 292-7845 Logged: Problem By: Dwg/Spec NO./Re..isionJDetail/Sect No. AlE Project No. Civil Structural Architectural Security PLB HVAC Electrical Specs. Subject: Problem & suggested solution: I MK/G'Re..iew: Solution: . I Date: I Date: Solution by: MKlG: JLKUI 03/21/94 DOCUMENT CLARIFICATION REQUESTS New Detention Facility Offices 01395 - 3 DOC\:MfJ'oTCLumc..nON IlJ:Q~EST !~ (~ f..... I T<< ......--~......w.mu I Coovo<I .... :~ (b' ,. o. Ilea l:!ll' KC'" 'West. Fl.. ))O4~ := ~. llOll m-m~ _.. 80- (2" 1--""""""""""""'"' A.~ '"'-'.... I~, I :~ ,,5 001 --.... -..., ....... .... HV"," ....- - - i(O ) "...... . ........ ...... ('1 I WLC) 0- !ti- - K.."'I , ~ lobl.I:ts.-". :1~ !O!b, '-u. 1!!lM.. 11-- ~ ,,~ 0ClW, A. By Contract.or: 1. Froll: The OCR .111 al...ays be trom the prime contractor. SubContractors to the pr IlDe cont.ractor shall subai t OCR I S through their prime contractor. 2. Problem By: This can be the subcontractor, or the prime contractor. or the establIshed pr llne cont.ractor representative, or the establlshed subcontractor representative. J. contract No.: 'ThlS is the approved contract, contract number. 4. Oraving No.: Here insert as much information as possible to describe the locatlon in the contract documents ot the particular proble. you are asking clarification. Include revision level of drawings, and date. Include detail numbers, include section numbers, include specification sec~ion numbers, paragraph locations, all as applicable. 5. Civil, Structural, etc.: Here note the particular division of work the OCR applies to. 6. Subject: Here insert brief. clear, concise caption subject. whlCh is representative of problem area. Problem' Suggested Solution: Describe in as much detail as necessary. the problea to which clari f ication is needed. If additional apace ia needed, add extra sheets to back, and reference attacnaents 1n this area no. 7. Draw sketches if necessary. Make photocopy of particular drawing detail and attach if necessary. B. By Morrison-Knudsen/Gerrits: 8. OCR No.: Numbers will be assigned as follows: xx- Project xxx- Contractor No. xxx sequential No. For inst.ance, the first OCR froll. the contractor of Contract No. 001 on the New Detention Facility, would be: JC:,J-001-OOl Aa another exaapla: The saventh consecutive OCR logged on the New Detention Facility, waa received froa the contractor of Contract No. 005, would be: JC:,J-00S-007 9. Receipt Loqged: This will be the date received by the CM fro. the contractor. and will .erve as the reference date. 10. A/E Project No.: The A/E's project number will be inserted here, where and when applicable. 11. ~/G Review: This will be the signature or initials of the Construction Manager, upon review of the problem, with the date of sign-off. 12. MR/G Review: ThiS will be the signature or initials of the Construction Manager, upon review of the solution. 13, Date: This will be the date of KK/G review and Slgn- of!. c. By Architect/Engineer: 14. Solution: The Alt will here Insert the solution to the problem, or answer 1n some other fashion the clarification belng requested. The A/E may herein confirm the contractor's proposed solution. 15. Solution By: The entity providing the solution is to sign here. ThiS may be the Construction Manager "hen particular clarifications are being requested that can be answered by the 01. Otherwise, lt "ill be the A/E representatlve. 16. Date: This will be the date ot sign-off. or answerlng the OCR by the A/E. D. Part-By-Part Distribut.Ion c!" 6-part. OCR Fo~: a. When the contractor subr.nts OCR. he will retaln Goldenrod copy. b. When received by the contractor, CM ...ill retain ~ copy.. c. The OCR then is submitted to the AlE. Once answered. th. A/E returns to CK, but retains ~ copy. d. CM reviews answer, and sends ~ copy back to contractor. eM ....ill retalil original ~ copy tor office flles. and ll.lY.g copy will go to the Job-slte. 03/21/94 4 DOCUMENT CLARIFICATION New Detention Facility REQUESTS Offices 01395 SECTION 01410 TESTING LABORATORY SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Selection and payment 2. The Contractor submittals 3. Testing laboratory responsibilities 4. Testing laboratory reports 5. Limits on testing laboratory authority 6. The Contractor responsibilities 7. Schedule of inspections and tests B. 1. 2. 3 . 4. Section 00750 - GENERAL CONDITIONS section 01700 - CONTRACT CLOSEOUT section 01800 - SOIL BORING DATA Individual Specification sections: inspections and tests required, and standards for testing. 1.2 SELECTION AND PAYMENT A. The Owner will employ and pay for services of an independent testing laboratory to perform specified inspection and testing indicated in technical Specification sections. B. Employment of testing laboratory shall in.no way relieve the Contractor of obligation to perform the Work in accordance with requirements of the Contract Documents. 1.3 QUALITY ASSURANCE A. Testing laboratory: authorized to operate in the State of Florida. B. Testing laboratory staff: maintain a full time registered Engineer on staff to review services. C. Testing Equipment: with devices of an National Bureau of accepted values of calibrated at reasonable intervals accuracy traceable to either Standards (NBS) Standards or natural physical constants. D. Meet "Recommended Requirements for Independent Laboratory QuaJ,ification", published by American Council of Independent Laboratories. 03/21/94 TESTING LABORATORY SERVICES New Detention Facility Offices 01410 - 1 1.4 TESTING LABORATORY RESPONSIBILITIES A. Test samples of mixes. B. Provide qualified personnel at the site. Cooperate with the Architect, Construction Manager and the Contractor in performance of services. C. Perform specified inspection, sampling, and testing of Products in accordance with specified standards. D. Ascertai~ compliance of materials and mixes with requirements of the Contract Documents. E. Promptly notify the Construction Manager and the Contractor of observed irregularities or non- conformance of the Work or products. F. Perform additional inspections and tests required by the A/E and Construction Manager. 1.5 TESTING LABORATORY REPORTS A. After each inspection and test, promptly submit four copies of testing laboratory report to the Construction Manager. A copy of each report will be forwarded. B. Include: 1. Date issued 2. Project title and number 3. Name of inspector 4. Date and time of sampling or inspection 5. Identification of product and Specifications section 6. Location in the Project 7. Type of inspection or test 8. Date of test 9. Results of test 10. Conformance with the Contract Documents C. When requested by the Construction Manager or A/E, provide interpretation of test results. 1.6 LIMITS ON TESTING LABORATORY AUTHORITY A. The testing laboratory may not release, revoke, alter, or enlarge on requirements of the Contract Documents. B. The testing laboratory may not approve or accept any portion of the Work. . C. The testing laboratory may not assume any duties of the Contractor. 03/21/94 TESTING LABORATORY SERVICES New Detention Facility Offices 01410 - 2 D. The testing laboratory has no authority to stop the Work. 1.7 THE CONTRACTOR RESPONSIBILITIES A. Deliver to the testing laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. B. Cooperate with testing laboratory personnel, and provide access to the Work and to the manufacturer's facilities. C. Provide incidental labor and facilities to provide access to the Work to be tested, to obtain and handle samples at the site or at source of products to be tested, to facilitate tests and inspections, storage and curing of test samples. D. Notify the Construction Manager and the testing laboratory 24 hours prior to expected time for operations requiring inspection and testing services. E. Employ services of a separate qualified testing laboratory and pay for additional samples and tests which are beyond the specified requirements. 1.8 RETEST RESPONSIBILITY A. Where the results of required inspections, tests, or similar services prove unsatisfactory and do not indicate compliance with the requirements of the Contract Documents, the cost for any retests shall be the responsibility of the Contractor. ******************** END OF SECTION 01410 03/21/94 TESTING LABORATORY SERVICES New Detention Facili~y Offices 01410 - 3 SECTION 01510 TEMPORARY UTILITIES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Temporary utilities required for construction. PART 2 - PRODUCTS 2.1 TEMPORARY ELECTRICITY A. The Contractor shall furnish, install, maintain, and relocate temporary electric power service for construction needs throughout the construction period and shall remove such service on completion of the work. The contractor shall pay all costs described above for the temporary electric power as well as City Electric service charges for meter installation and removal and monthly power bills. 1. During the construction of the New Detention Facility, temporary electrical service was provided to the jobsite trailers via wire installed in a 4" PVC U/G conduit to an electrical transformer and panel installed in a temporary shed. These conduits and temporary electrical shed are shown in their approximate location on contract drawing SE-1. Two construction trailers will remain hooked up to this temporary electric power during the construction period of this contract, one trailer belonging to the Construction Manager (CM) and one trailer to the Quality Control and Testing Laboratory. The Contractor will pay for the reinstallation of an electric meter at the temporary shed and pay for all monthly electrical costs for these trailers located adjacent to the retention pond as well as any other equipment hooked up to this service. The available temporary electric power provided through this shed may be used for construction trailers which the Contractor may wish to install at these same locations. Existing branch feeders used by previous trailers which have been removed may be available for the Contractors use. 04/25/94 TEMPORARY UTILITIES New Detention Facility Offices Addendum No. 1 01510 - 1 The available temporary electric power provided through this shed may also be used for the building construction temporary electric requirements. Any electric power needs which cannot be provided through the existing temporary service will be supplied, installed, maintained and removed by the Contractor. At the Contractor's option, the existing temporary electrical service may be relocated and/or modified to perform the work. In any event, all costs for the temporary power supply shall belong to the Contractor, the Contractor shall always supply power to the two trailers described above, the Contractor shall maintain this temporary power supply system, the Contractor shall remove this system at project completion and the existing equipment shall be turned over to the Owner at a location to be determined later. 2. The equipment in the temporary electrical shed includes a 112.5 KVA Square 0, 3 phase insulated transformer, catalogue No. 112T3H, 480 primary (Delta), 120/208 Y secondary. The distribution panel is a 400 amp MCB Nema 3R 42 circuit panel board with 20, 2 pole, SO amp circuit breakers 120/208 3-phase. 3. All materials shall be adequate in capacity for required usage, and must not violate the requirements of applicable codes and standards. Materials used for temporary service shall not be reused in the permanent system. 4. The Contractor shall comply with all applicable requirements specified in National Electric Code Art. 305 when installing the temporary electric power service, shall maintain the system to provide continuous service and shall modify and extend the service as the progress of the Work requires. 5. The Contractor shall completely remove all temporary materials and equipment at Project Completion. Underground lines may be disconnected and abandoned in place with approval of the Construction Manager. 6. Feeders to distribution panels from distribution shed shall be 400 feet maximum length, with two hot legs and one neutral of the same size as per NEC Table 310-16 and Article 210-19A FPN. 04/25/94 01510 - 2 TEMPORARY UTILITIES New Detention Facility Offices Addendum No. 1 (. 7. circuits to Power Centers from Distribution Panels shall be installed per NEC Art. 305. 8. Feeders and Branch Circuits shall be protected from physical damage by the use of raceways such as conduit, cable trays, etc. 2.3 TEMPORARY TELEPHONE SERVICE A. The Contractor shall be responsible for arranging with the local telephone service company to provide telephone service at the construction site. The Contractor shall pay all costs for installation, maintenance, removal and service charges for such service. 1. During the construction of the New Detention Facility, temporary telephone service was provided to the jobsite trailers via wire installed in a 2" conduit to a distribution board located in the temporary electrical shed. The U/G conduit is routed in the same trench adjacent to the electrical conduit as approximately shown on Contract Drawing SE-1. As discussed in the above electrical requirements, the temporary construction trailer of the CM and the testing laboratory are hooked up to this service. Also, as approximated shown on Contract Drawing SE-1, two temporary pay telephones are in service adjacent to the electrical shed. The service to the distribution board is 25 pair. Each of the parties hooked up to the telephone service are responsible for any charges billed as a result of that hook-up or monthly billing for service. At the Contractor's option and as approved by Southern Bell, the existing temporary telephone service may be relocated and/or modified to perform the work. In any event, all costs to revise the service shall belong to the Contractor, the telephone service to the existing CM and testing laboratory trailers is not to be interrupted, the Contractor shall maintain this temporary telephone service system, the Contractor shall remove this system at project completion and the existing equipment shall be turned over to the Owner at a location to be determined later. 2.4 TEMPORARY LIGHTING A. The Contractor shall furnish, install and maintain temporary lighting for construction needs throughout 04/25/94 TEMPORARY UTILITIES New Detention Facility Offices Addendum No. 1 01510 - 3 the construction period and shall remove such temporary lighting on completion of the Work. 1. Temporary artificial lighting shall be provided in enclosed Work areas and all other work areas when natural lighting does not meet minimum requirements. Temporary artificial lighting in Work areas shall produce uniform illumination of 20-foot candles minimum. 2.5 TEMPORARY WATER A. The Contractor will arrange and pay the water utility service company, to provide water for construction purposes. In addition, the Contractor is responsible for providing potable drinking water for his personnel and subcontractors, as well as suitable containers, ice and salt tablets in sufficient quantity to meet the needs of his labor force. 1. As the water service for this site is through a water meter at College Road, a secondary sub-meter is to be installed for the permanent water supply as shown on Contract Drawing SD-l. The Contractor may provide and install this meter as specified at the start of construction for use during the construction period. The cost for the water and any cost to maintain and/or replace a damaged water meter at the completion of construction belongs to the Contractor. 2. Adjacent to the new construction are existing fire hydrants and hose bibs. Water is not to be taken from these sources unless an acceptable construction water meter has been installed as determined by the Construction Manager. 2.6 TEMPORARY HEATING, COOLING AND VENTILATING A. The Contractor shall be responsible for providing, and operating and maintaining temporary heating, cooling and ventilating, as required, to maintain adequate environmental conditions to facilitate the progress of his Work; to meet minimum condition for the installation of materials; and to protect materials and finishes from damage due to temperature or humidity. The Contractor, subject to the approval and direction of the Construction Manager, shall: 1. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous 04/25/94 TEMPORARY UTILITIES New Detention Facility Offices Addendum No. 1 01510 - 4 accumulations of dust, fumes, vapors, or gases. 2. If portable heaters are required, utilize only UL approved units complete with controls. 3. Insure that all safety devices specified for operation of equipment are functioning properly. 4. Pay all costs of providing, operating, maintaining, and removing such temporary heating, cooling, and ventilating equipment as may be required. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 2.7 TEMPORARY SANITARY FACILITIES A. The Contractor will provide sanitary facilities in compliance with laws and regulations. B. The Contractor will service, clean and maintain facilities and enclosures. 2.8 TEMPORARY FIRE PROTECTION The Contractor shall furnish, install and maintain temporary fire protection equipment, materials, supplies and service within the buildings throughout the construction period in accordance with the requirements of all applicable codes and standards. Each floor shall have a temporary fire protection system. 2.9 REMOVAL A. Completely remove temporary materials and equipment when their use is no longer required. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore permanent facilities used for temporary services to specified condition. 1. Prior to final painting, the Contractor shall remove temporary lamps and install new lamps. 2. Prior to final inspection, the Contractor shall replace filters and worn or consumed parts of mechanical equipment. ********************* END OF SECTION 01510 04/25/94 TEMPORARY UTILITIES New Detention Facility Offices Addendum No. 1 01510 - 5 SECTION 01520 CONSTRUCTION AIDS PART 1 - GENERAL 1.1 SUMMARY A. section includes: 1. Construction aids 2. Temporary enclosures 1.2 REQUIREMENTS OF REGULATORY AGENCIES B. Comply with Federal, State and local codes and regulations. PART 2 - PRODUCTS 2.1 MATERIALS - GENERAL A. Materials may be new or used, suitable for the intended use and shall not violate requirements of applicable codes and standards. 2.2 CONSTRUCTION AIDS A. The Contractor shall be responsible for furnishing, installing, maintaining, and removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, chutes, and other such facilities and equipment required by his personnel to insure their safety and facilitate the execution of the Work. 1. The Contractor shall comply with all Federal, State and local codes, laws and regulations governing such construction aids. 2. The Contractor shall relocate such construction aids as required by the progress of construction, by storage or work requirements, and to accommodate the legitimate requirements of the Owner or Construction Manager or other separate contractors employed at the site. 3. The Contractor shall completely remove temporary scaffolds, access, platforms, and other such materials, facilities, and equipment, at the completion of the Work or when construction needs can be met by the use of the permanent 03/21/94 CONSTRUCTION AIDS New Detention Facility Offices 01520 - 1 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/or cooling, and to prevent entry of unauthorized persons. 1. The Contractor shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by the Construction Manager. 2. Temporary enclosures shall be removable as necessary for the Work and for handling of materials. 3. Temporary enclosures shall be completely removed when construction needs can be met by the use of the permanent closures. 4. The Contractor responsible for providing, maintaining, and removing the temporary enclosure shall clean and shall repair any damage caused by the installation of such enclosure. 5. The Contractor shall remain responsible for insuring that his work, material, equipment, supplies, tools, machinery, and construction equipment is adequately protected from damage or theft and shall provide, maintain and remove such additional temporary enclosures as may be deemed necessary. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Cond~tions. ********************** END OF SECTION 01520 03/21/94 CONSTRUCTION AIDS New Detention Facility Offices 01520 - 2 SECTION 01550 ACCESS ROADS AND PARKING AREAS A. The Contractor shall be responsible for installing and maintaining, until the completion .of his Work any temporary access roads or parking facilities required by his Work, other than that which has been provided'or required by the Owner. The Contractor shall remove temporary access roads and parking facilities and restore the areas to original or required grades. B. Any Contractor excavating across an access road or parking area shall backfill and compact his excavation and resurface the road or parking area to match the existing surface. The Contractor shall comply with all applicable Specifications when so doing. *********************** END OF SECTION 01550 03/21/94 ACCESS ROADS AND PARKING AREAS New Detention Facility Offices 01550 - 1 SECTION 01560 TEMPORARY CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Water control 2. Dust control 3. Erosion and sediment control 4. Pollution control B. Related sections: 1. SCOPES OF WORK 1.2 WATER CONTROL A. Contractor shall grade site to drain. B. Protect site from puddling or running water. Provide water barriers to protect site from soil erosion. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. 1.3 DUST A. CONTROL Execute the Work by methods to minimize raising dust from construction operations. Provide positive means to prevent airborne dust from dispersing into atmosphere. B. . 1.4 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B. Minimize amount of bare soil exposed at one time. C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. D. . Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 1.5 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. ************************ END OF SECTION 01560 03/21/94 TEMPORARY CONTROLS New Detention Facility Offices 01560 - 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 electrici~y 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 Cons~ruction Manager, at no additional cost to the Owner or Construction Manager. F. The Contractor shall completely remove his field office and sheds on completion of the Work or when directed by the Construction Manager. The Contractor shall remove all debris and rubbish and shall place the area in a clean and orderly condition. G. The Construction Manager as soon as reasonably possible 'will establish a field office on the site and will maintain such an office during the entire construction period. ******************** END OF SECTION 01590 03/21/94 FIELD OFFICES AND SHEDS New Detention Facility Offices 01590 - 1 SECTION 01595 CONSTRUCTION CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. . Cleaning during progress of work. 1.2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1. Do not burn or bury rubbish and waste materials on Project site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. D. Sweeping compounds used in cleaning operations shall leave no residue on concrete floor surfaces that may affect installation of finish flooring materials. PART 3 - EXECUTION 3.1 DURING CONSTRUCTION A. Execute cleaning to keep the Work, the Site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. 03/21/94 CONSTRUCTION CLEANING New Detention Facility Offices 01595 - 1 B. Provide on-site containers for the collection of waste materials, debris, and rubbish. C. Dispose of waste materials, debris and rubbish off the site. D. Trash containers shall be provided by Contractor and located in trash accumulation areas designated by the Construction Manager. Contractor each day shall collect and deposit in the containers, all rubbish, waste materials, debris, and other trash from his operations, including any trash generated by his employees during lunch periods or coffee breaks. Shipping dunnage is 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 disp.osed and replaced as necessary to maintain above requirements and/or as directed by Construction Manager. ******************** END OF SECTION 01595 03/21/94 CONSTRUCTION CLEANING New Detention Facility Offices 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, ana 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 specifioally 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 shipm~nts to assure that products comply with requirements, quantities are correct, and products are undamaged. 03/21/94 MATERIAL AND EQUIPMENT New Detention Facility Offices 01600 - 1 D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.4 STORAGE AND PROTECTION The Contractor shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on site but not adequately protected will not be included in estimates for payment. Except for materials stored within designated and approved storage sheds, vans, or trailers, the Contractor shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Contractor shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1.5 SECURITY A. The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. ********************* END OF SECTION 01600 03/21/94 MATERIAL AND EQUIPMENT New Detention Facility Offices 01600 - 2 SECTION 01630 POST-BID SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY A. section includes: 1. Post-bid substitutions 1.2 SUBSTITUTIONS A. Base Bid shall be in accordance with the Contract Documents. B. After the end of the bidding period, substitution requests will be considered only in the case of: 1. Product unavailability 2. Other conditions beyond the control of the Contractor. C. Submit a separate request for each substitution. Support each request with the following information: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. c. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 5. List of changes required in other work or .products. 6. .Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources of replacement materials. 03/21/94 POST-BID SUBSTITUTIONS New Detention Facility Offices 01630 - 1 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.a~d installation of the accepted substitution into the Work will be accomplished and changes as may be required for the Work to be complete will be accomplished. 4. Claims for additional costs caused by substitution which may subsequently become apparent will be waived by the Contractor. 5. Complete cost data is attached and includes related costs under the Contract, but not: a. Costs under separate contracts. b. Architect's costs for redesign or revision of Contract Documents. 1.4 POST-BID SUBSTITUTION FORM A. The form is attached to this section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with back-up data. 03/21/94 POST-BID SUBSTITUTIONS New Detention Facility Offices 01630 - 2 TO: Project Architect We hereby submit for your consideration the following product instead of the specified item for the above project: DRAWING NO. DRAWING NAME SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: Signature Title Firm Address Telephone Date Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by the Architect: ____Recommended ____Recommended as noted For use by the Owner: ____Approved ____Not Recommended ____Received too late ____Not Approved Insufficient data received ____Approved as noted By By Date Date 03/21/94 POST-BID SUBSTITUTIONS New Detention Facility Offices 01630 - 3 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? If no, fully explain: Yes No 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: Different. Explain: Same F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ -) . I. Designation of maintenance services and sources: (Attach additional sheets if required.) ********************* END OF DOCUMENT 01639 03/21/94 POST-BID SUBSTITUTIONS New Detention Facility Offices 01630 - 4 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. ******************** END OF SECTION 01650 03/21/94 STARTING OF SYSTEMS New Detention Facility Offices 01650 - 1 ( SECTION 01670 SYSTEMS DEMONSTRATIONS PART 1 - GENERAL 1.1 SUMMARY A. section includes: 1. Procedures for demonstration of equipment operation and instruction of the Owner's personnel. 1.2 QUALITY ASSURANCE A. When specified in individual Sections, provide manufacturer's authorized representative to demonstrate operation of equipment and systems, instruct the Owner's personnel and provide written report that demonstrations and instructions have been completed. B. The Owner will provide list of personnel to receive instructions, and will coordinate their attendance at agreed-upon times. 1.3 INSTRUCTION OF THE OWNER PERSONNEL A. Notify Construction Manager 7 days in advance of time established for Owner training. B. Two weeks prior to date of final inspection, instruct the Owner's designated personnel in operation, adjustment, and maintenance of products, equipment, and systems, at agreed upon times. Demonstrate start-up, operation, control, adjustment, maintenance, servicing, trouble-shooting and shutdown of each item of equipment at agreed-upon times, at designated location. C. The Owner, at it's option, may video tape any training session, equipment start-up or other instructional requirement. D. For equipment requiring seasonal operation, perform instructions for other seasons within six months. E. Use operation and maintenance manuals as basis for instruction. Review contents of manual with personnel in detail to explain all aspects of operation and maintenance. F. Prepare and insert additional data in Operation and Maintenance Manual when need for such data becomes apparent during instruction. 04/25/94 SYSTEMS DEMONSTRATIONS New Detention Facility Offices Addendum No. 1 01670 - 1 1.4 SUBMITTALS A. Submit preliminary schedule for the Owner's approval, listing times and date for demonstration of each item of equipment and each system, two weeks prior to proposed dates. B. Provide operating and maintenance manuals to owner (4) weeks prior to demonstrations. C. Submit reports within one week after completion of demonstrations, that demonstrations and instructions have been satisfactorily completed. Give time and date of each demonstration, and hours devoted to demonstration, with a list of persons present. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION 3.1 PREPARATION A. verify equipment has been inspected and put into operation; testing, adjusting, and balancing has been performed; and equipment and systems are fully operational. B. Have copies of completed operation and maintenance manuals at hand for use in demonstrations and instructions. 3.2 TIME ALLOCATED FOR INSTRUCTIONS A. The amount of time required for instruction on each item of equipment and system is specified in individual Sections. ******************** END OF SECTION 01670 04/25/94 SYSTEMS DEMONSTRATIONS New Detention Facility Offices Addendum No. 1 01670 - 2 SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1.1 SUMMARY A. section includes: 1. Closeout procedures 2. Adjusting B. Related sections: 1. SECTION 01027 - APPLICATION FOR PAYMENT 2. SECTION 01650 - STARTING OF SYSTEMS 3. SECTION 01730 - OPERATION AND MAINTENANCE DATA 1.2 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three terminal activities: 1. Substantial Completion 2. Final Completion 3. Final Payment 1.3 SUBSTANTIAL COMPLETION A. Submit to the Construction Manager when the Work is substan~ially complete: 1. A written notice that the Work, or designated portion thereof, is substantially complete. 2. A list of items to be completed or corrected (Punch List). 3. Request Substantial ,Completion Observation at a mutually agreeable date. 4. certifications of systems and testing/balancing final reports. 5. Submit evidence of compliance with requirements of governing authorities: a. certificate of Occupancy b. certificates of Inspection: 1) Elevators 2) Mechanical systems 3) Electrical systems 4) Kitchen equipment 5) Fire protection system 6) Security system 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. 03/21/94 CONTRACT CLOSEOUT New Detention Facility Offices 01700 - 1 C. Should the work be determined to not be substantially complete the following will occur: 1. The Construction Manager will promptly notify the Contractor in writing, giving the reasons. 2. The Contractor shall remedy the deficiencies in the Work, and send a second written notice of substantial completion. 3. The Work will be re-observed. D. When the Work is considered substantially complete, the following will occur: 1. The Construction Manager will prepare a certificate of Substantial Completion on AIA Form G704, accompanied by the Contractor's Punch List of items to be completed or corrected, as verified and amended. Contract responsibilities are not altered by inclusion or omission of required Work from the punch list. 2. The certificate will be executed by all parties and distribution made. E. Complete or correct items identified on the punch list and required by the Contract requirements within time limit established by the certificate. 1.4 FINAL COMPLETION A. To attain final completion, the Contractor ?hall complete activities pertaining to substantial completion, complete Work on punch list ite~s and submit written request to the Construction Mahager for final inspection. . B. When the Work is complete, the Contractor shall submit written certification that: 1. The Contract Documents have been reviewed. 2. Work has been inspected for compliance with the Contract Documents. 3. Work has been completed in accordance with the Contract Documents. 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Work is completed and ready for final observation. C. The Architect, the Construction Manager, the Contractor 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. 03/21/94 CONTRACT CLOSEOUT New Detention Facility Offices 01700 - 2 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 A. B. c. D. E. CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE ARCHITECT Project Record Documents: to requirements of SECTION 01720. operating and maintenance data, instructions to the Owner's personnel: to requirements of SECTION 01730. Keys and keying schedule: to requirements of SECTION 08710 & 11196. Spare parts and maintenance materials: to requirements of individual sections. Evidence of payment and release of liens: to requirements of General and Supplementary Conditions. 1.6 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Architect. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders b. Allowances c. Unit Prices d. Deductions for uncorrected Work e. Penalties and bonuses f. Deductions for liquidated damages g. Deductions for reinspect ion payments h. Other adjustments 3. Total Contract Sum, as adjusted 4. Previous payments 5. Sum remaining due C. The Construction Manager will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1.7 FINAL APPLICATION FOR PAYMENT A. The Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of. the Contract. ******************** END OF SECTION 01700 03/21/94 CONTRACT CLOSEOUT New Detention Facility Offices 01700 - 3 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 su~face 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, ma'stic, adhesives, dust, dirt, 'stains, fingerprints, labels, and other foreign materials form sight-exposed interior and exterior surfaces. C. Wash and shine'glazing and mirrors. D. Polish glossy surfaces to a clear shine. E. Dust cabinetwork and remove markings. 03/21/94 FINAL CLEANING New Detention Facility Offices 01710 - 1 F. Vacuum as needed. G. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. H. Prior to final completion, or the Owner occupancy, conduct an inspection of sight-exposed interior surfaces, exterior surfaces and work areas, to verify that the entire Work is clean. I. Clean tunnels and closed off spaces of packing boxes, wood frame members and other waste materials used in the Construction. J. Internally clean the entire syste~ of piping and equipment. Open dirt pockets and strainers, completely blowing down as required and clean strainer screens of accumulated debris. K. Drain tanks, fixtures and pumps to be free of sludge and accumulated matter. L. Remove temporary labels and stickers from fixtures and equipment. Do not remove permanent name plates, equipment model numbers and ratings. M. Thoroughly clean heating and ~ir conditioning equipment, tanks, pumps and traps. Install or thoroughly clean filters or filter media, including: 1. The cleaning of permanent filters and the replacement of disposable filters if units were operated during construction. 2. The cleaning of ducts, blowers, and coils if the units were operated during construction. N. Remove from the site all facilities of items installed or used for temporary purposes during construction. O. Restore all adjoining areas to their original or specified condition. ******************** END OF SECTION 01710 03/21/94 FINAL CLEANING New Detention Facility Offices 01710 - 2 SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Maintain at the job site one copy of: a. Record Contract Drawings b. Record Project Manual c. Coordination drawings d . Addenda e. Reviewed shop drawings f. Change Orders g. Other modifications to the Contract h. Field test records 1.2 GENERAL A. Store documents in cabinets in temporary field office, apart from documents used for construction. B. Maintain documents in clean, dry, legible condition. C. Do not use Project Record Documents for construction purposes. D. Make documents available for inspection by the Construction Manager, the Architect and the Owner. E. Failure to maintain documents up-to-date will be cause for withholding payments. F. Obtain from the Construction Manager (at no charge) two sets of the Contract Documents for Project Record Documents including: 1. Specifications with all addenda. 2. Two complete sets of blackline prints of all Drawings. 1. 3 RECORDING A. Label each document "Project Record". B. Keep record documents current. C. Do not permanently conceal any work until required information has been recorded. D. Contract Drawings: 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation ln relation to survey data. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. 03/21l94 PROJECT RECORD DOCUMENTS New Detention Facility Offices 01720 - 1 c. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. d. Field changes of dimension and detail. e. Changes made by Change Order or Construction Change Directive. f. Details not on original Contract Drawings. E. Specifications and Addenda: 1. Legibly mark up each Section to record: a. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. b. Changes made by Change Order or Construction Change Directive. c. other items not originally specified. F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings. 2. Legibly mark to record actual construction: a. Dimensions accurate to within 1" on the centerline of items shown schematically. b. Identify each item, for example, "cast iron drain" "galvanized water". c. Identify location of each item, for example, "under slab", "in ceiling plenum", "exposed". 3. The Construction Manager may waive requirements of schematic layout conversion, when in his opinion, it serves no beneficial purpose. Do not, however, rely on waivers being issued except specifically issued by the Construction Manger in writing. 1.4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to the Construction Manager prior to request for final payment. B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date 2. Project title and Architect's Project number 3. The Contractor's name and address ,4. Title and number of each record document 5. certification that each document as submitted is complete and accurate. 6. signature of the Contractor, or his authorized representative. ******************** END OF SECTION 01720 03/21/94 PROJECT RECORD DOCUMENTS New Detention Facility Offices 01720 - 2 (1...... SECTION 01730 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. section includes: 1. Format and content of manuals 2. Schedule of submittals B. Related sections: 1. SECTION 01301 - SUBMITTALS 2. SECTION 01700 - CONTRACT CLOSEOUT 3. Individual Specifications sections: specific requirements for operation and maintenance data. 1.2 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1.3 FORMAT A. Prepare data in the form of an instructional manual. B. Binders: commercial quality, 8-1/2" x 11" three-ring binders with hardback, cleanable, plastic covers; 1- 1/2" maximum ring size. When multiple binders are used, correlate data into related consistent groupings. C. Cover: identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of the Project and separate building; identify subject matter of contents. D. Arrange content by systems under section numbers and sequence of Table of Contents of these Specifications. E. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. F. Text: manufacturer's printed data, or typewritten data on 20 pound paper. G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. 04/25/94 OPERATION AND MAINTENANCE DATA New Detention Facility Offices Addendum No. 1 01730 - 1 1.4 CONTENTS, EACH VOLUME A. Table of Contents: provide title of the project; names, addresses, and telephone numbers of the Construction Manager, the Architect, consultants, and the Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For each product or system: list names, addresses and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product data: mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: supplement product data to illustrate relations of component parts of equipment and systems, to indicate control and flow diagrams. Do not use the Project Record Documents as maintenance drawings. E. Type text: as required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. F. Warranties and bonds: bind in copy of each. 1.5 MANUAL FOR MATERIALS AND FINISHES A. Building products, applied materials, and finishes: include product data, with catalog number, size, composition, and color and texture designations. Provide information for re-ordering custom manufactured products. B. Instructions for care and maintenance; include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture protection and weather exposed products: include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional requirements; as specified in individual product specification Sections. 04/25/94 OPERATION AND MAINTENANCE DATA New Detention Facility Offices Addendum No. 1 01730 - 2 \ .,~ ~- 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 d~agrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. K. Provide the Contractor's coordination drawings, with color coded piping diagrams as installed. L. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. M. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. N. Include test and balancing reports. 04/25/94 OPERATION AND MAINTENANCE DATA New Detention Facility Offices Addendum No. 1 01730 - 3 O. Additional requirements: as specified in individual product specification sections. P. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. 1.7 SUBMITTALS A. Submit two copies of operation and maintenance data for review by the Construction Manager and the Architect prior to Final Inspection. One copy will be returned with comments. B. Submit the required number of copies per each specification Section or two copies each if not specified of approved data in final form within ten days after Final Inspection. C. For equipment or component parts of equipment put in service during construction and operated by the Owner, submit operation and maintenance data within ten days after acceptance. D. Submit two copies of approved revised volumes of data in final form within ten days after final inspection. ******************** END OF SECTION 01730 04/25/94 OPERATION AND MAINTENANCE DATA New Detention Facility Offices Addendum No. 1 01730 - 4