The URL can be used to link to this page

06/16/1993 Design Communications, Ltd. New Detention Facility CONTRACT KJ-030, INTERIOR & EXTERIOR SIGNAGE '" -, '---'~1"'" ,.,." ..~" I. II. III. A B. e. D. E. F. G. Form of Agreement Public Construction Bond Certificate of Insurance Table of Contents Schedule of Drawings Scope of Work - Bid Package #45 Milestone Schedule A Proposal Form, pages 00110-2 through 00110-7 signed by bidder and dated May 12, 1993 A B. e. D. E. F. G. H. I. General Conditions Supplementary Conditions Project Safety & Health Plan Contractor Quality Control Plan Substantial Completion & Owner Acceptance Contractor's Affidavit of Payment of Debts Contractor's Affidavit of Release of Liens Consent of Surety to Final Payment General Requirements Application for Payment Change Order Procedures 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 Project Identification and Signs Field Offices and Sheds Construction Cleaning Material and Equipment Post-Bid Substitutions Starting of Systems Systems Demonstrations Contract Closeout Final Cleaning Project Record Documents Operation and Maintenance Data 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. KJ-030, Interior & Exterior Signage made as of the Hundred and day of In the year of Nineteen BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 and the Contractor: Design Communications, Ltd. 25 Drydock Avenue Boston, MA 02210 the Project: New Monroe County Detention Facility 5501 College Road, Stock Island Key West, FL 33040 the Construction Manager: Morrison Knudsen/Gerrits the Architect: Hansen Lind Meyer/Gonzalez The Owner and the Contractor agree as set forth below. 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, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101/CM -1980 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (He,e insert the caption desCliptive of the Work as used on othe! Contract Documents.) Bid Package No. 45, Interior & Exterior Signage. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on the date as estab 1 i shed in the Noti ce to Proceed, and, subject to authorized adjustments, Substantial Completion of the Work shall be achieved not later than the time (Here insert any special provisions for liquidated damages relating to failure to complete on time.) indicated in Section 00350, Milestone Schedule. AlA DOCUMENT A101/CM . OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AIA<I!> . @1980 . THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., NW., 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 Forty Thousand One Hundred Sixty-Two.............................................. $40,162.00 The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternales and unit prices, as applicable.) Base Bid, Bid Package No. 45, Interior & Exterior Signage......................... $40,162.00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Construction Manager by the Contractor and Project Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract Documents for the period ending the Twenty-Fifth (25) . d~y of each month as follows: approxlmat!!ly Not later than Thirty (30) days following the end of the period covered by the Application for Payment, Ninety percent (90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ninety percent (90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the Work, a sum sufficient to increase the total payments to One Hundred percent (100 %) of the Contract Sum, 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 for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) Reference Section 00805 Substantial Completion and Owner Acceptance. Pfty~~~~e~~e-~A8~4~€-~~~4-~~QR~~~b.U-b@~~~~Q~~t~~~Q_~.~~_~8w€-~~~b@~~@- eR~Fed- ~ew; -@F-+A- 4Fie-a-9seAC-e. -tFiefoQG~ -a.t- ~ .l@,,~~I'aot-&o p.r;liil\l.il.iJ.in&..~ 411-&o plaG6. ~ -th6. .P..r*,"\;. ~t!'1m_..,.,.,.I'fI~...;"IeI'e!~ltgf'l'!eOI....".,,,.+ (Usury laws and requirements under the Federal Truth in Lending Act, similar slate and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity 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 . AIA@ . @1980 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101/CM -1980 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and the Architect has issued a Project Certificate for Payment which approves the final payment due the Contractor. ARTICLE 7 MISCElLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, the Conditions 01 the Contract (General, Supplementary and other Conditions], the Drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers in al/ cases and dates where applicable.) I. Bidding Documents As enumerated in the attached Table of Contents, pages 00001-1 through 00001-3, dated 04/02/93. II. Proposal Documents submitted by Design Communications, Ltd., on May 13, 1993 A. Proposal Form, pages 00110-2 through 00110-7, signed by bidder, and dated May 12, 1993 B. 5% Bid Bond AlA DOCUMENT Al0l/CM . OWNER-CONTRACTOR AGREEMENT. CONSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AIA@ . @1980 . THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., NW., 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 from or in addition to those included elsewhere in the Contract Documents.) Reference the documents issued for bidding. 7.4 Working Conditions: (Here /ist any special conditions affecting the Cont,act.) Reference the documents issued for bidding. (Seal) Attest: Danny L. Kolhage, Clerk of the Court "Approved as to Form and Legal Sufficiency" Date: ol4./~.q3 BY:~~~ Attorney's fice Date: (;- ~ - 9~ By: ~c.A~ / (Deputy Clerk) This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR .M~~'" / CAa./rA1~n / ::~ Its: P12t3$iD8'N i em 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. o C';ll::: ~ L.'; _ I"'- M (V') C> M C) 2 d '>"2 ~ "';"...:-0 '__J~ :. . .(,1,rj , -'"{ <.j -~ "' ......'~ o C'J ;.... ~,..~ ~' "~".' ...~ ,.'> 0) oj( oj( oj( ", ~ ~, ,.. C 1\I a. E I' 0 (J Ui 0 Q :;) 1\j ~ to- ~ 0 U ...J "0 ~ UJ c I L 1\I '" en "",_<n U E. ; ~E 0 M mU5~ ~ (J - '" tV .C lJJ ;...l ex:: ~'- .,=ro ..,..~ UJ .:::~:? t::l (fI '" - ~O ex:: .... ~U:9 ::> (f) .l1l"'''' O~ (/) w (/)~~ ~;...l <( Q , 0 UJ A ;;...~ ex:: w ..If <0 t- o::: Q.. " ~ LT1 J LT1 ru ru o [T ctJ .. - ctJ ru o o o o .... .... o .. ~ o J ['- .... r-n o .... ~ "-- 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, personal representatives, successors, and assigns, jointly and severally. , as Principal , a corporation, 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 I 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) CERTIFICATE OF INSURANCE MONROE COUNTY In COIIIidcratioo of the premiums dialled on tbe insurance polidca Ihown in this a:niflCllte, this a:niflCJlte ill iaucd to the CCltiflCJlte boIdcr shown below. This certificlte docs not amend, mend or alter the COYerlIge afforded by the poIicks listed bdow cxoepl u shown below. I NAME a ADDRESS OF INSURED: COMPANIES AFFOIlDINO COVERAGES - Company L<aer A Company L<aer B NAME a ADDRESS Of AGENCY: Company Lcuer C Complll)' Letter D Company Leu... E '!bit io 10 certify that \be insunnce policies Iis~ bel,,", _ been iooued 10 !be insured and a.., enCorced at Ibis time. It io alJ'<"d thaI none ol _ policies ";0 be car>cdled or <bonsed "itboul providins 60 da)'I wriuea DOtice ol ouc:b cancdlation ol chance 10 !be a:rtiflCOte bolder, c:a:ept :lO dayt Cor Wcri:en' Compcnoation. COlm TYPE OF INSURANCE POUCY II EFf'ECIlVE DAn: EXPIRATION DAn: AU. UMITS IN rnouSANDS Gmenl Uabitity General Agrcpte S o Commercial General lAbility Producu-ComplOpo Agrcple S o Oaillll Made o Occurrence o Owner's A Contncton Prolective Penonallt Adven.ioinS IDjuty S o x. c. U, Coverap Eacb Occurrence S o Broad form Property Damase Fire Damace (any one rll'C) S o Independent Contncton Medical Eopcnse S o Blanket ContnctuaJ (any one penon) AUlomobile u.bility Bodily Injury o Any AuIO (Eacb Penon) S o All ~ Autoo (Each Accidenl) S o Sc:beduled AUIOI Property Damace S o Hired Aut.,. Bodily Injury and Property S Damase Combined o NOll-Owned AulOl Eoceoa Uability o Umbrella form Bodily Injury and Property S o Other than Umbrdla Form Damase Combined o Oaillll Made o Occurrence Worten' Compensation and Wcri:en' Compenution SuIUlOf)' Employen' lAbility Employen' lAbility S Other S Com.....u: Monroe County, Monroe Coonty Board ol Coonty Commiuionen and Morrison-KnudseniGerriu a.., IUlmed .. additional insureds wilb respect 10 \be General lAbility. Vebide liability, ProC...ional lAbility and EJ.ceoa lAbility Policiea. Name and Address ol Ibe Certificale Holder: Dale Issued: Monroe County c/o Morrison-Knudsen/Gerrits Autbonzed Repres.cntau,,'c: 5090 College Road Add....: Key West, Florida 33040 Telepbooe: TABLB OF CONTENTS BID PACKAGE 45 INTERIOR & EXTERIOR SIGNAGE 1. Biddinq Documents section 00030 section 00100 section 00110 section 00163 section 00220 Section 00230 section 00345 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 Agreement section 00500 Standard Form of Agreement Between Owner and Contractor - AlA Document A101/CM, June 1980 edition 3. Contract Conditions section 00750 Section 00800 Section 00805 section 00900 section 00905 section 00910 section 00970 Section 00980 General Conditions, AlA Document A201/CM, June 1980 edition Supplementary General Conditions Substantial Completion and Owner Acceptance Contractor's Affidavit of Payment of Debts and Claims Contractor's Affidavit of Release of Liens Consent of Surety to Final Payment - AlA Document G707, April 1970 edition Project Safety and Health Plan Contractor Quality Control Plan 4. General Requirements section 01027 section 01028 Section 01200 section 01301 section 01310 Section 01370 section 01385 section 01395 Application for Payment Change Order Procedures Project Meetings Submittals Progress Schedules Schedule of Values Daily Construction Reports Document Clarification Requests 04/02/93 00001 - 1 TABLE OF CONTENTS section 01410 section 01510 Section 01520 Section 01550 Section 01560 Section 01580 section 01590 section 01595 section 01600 section 01630 section 01650 section 01670 Section 01700 section 01710 Section 01720 section 01730 Testing Laboratory Services Temporary utilities Construction Aids Access Roads and Parking Areas Temporary controls project Identification and Signs Field Offices and Sheds Construction Cleaning Material and Equipment Post-Bid Substitutions starting of Systems Systems Demonstrations Contract Closeout Final Cleaning Project Record Documents Operation and Maintenance Data 5. Technical specifications Section 02226 Section 03200 section 03300 section 05500 section 10400 Section 16010 section 16111 section 16120 Section 16170 Section 16500 6. Drawings Excavating, Backfilling and Compacting For utilities Concrete Reinforcement cast-in-Place Concrete Metal Fabrications Interior and Exterior Signage and Message Schedule Electrical General provisions Conduit Systems - Bid Group 3 Wire and Cable Disconnect Switches Lighting 11. OOA 16.00 16.00A 16.00B 16.00C 16.01 16.02 16.03 16.04 16.05 16.06 16.07 16.08 16.09 16.10 Electrical Site Lighting Plan site Signage Site Signage First Floor Department Designation Second Floor Department Designation sign Location Ground Floor Zone A sign Location Ground Floor Zone B Sign Location Ground Floor Zone C sign Location Ground Floor Zone D Housing sign Location Ground Floor Zone E Housing Not Used Sign Location sign Location sign Location Sign Location . '. . . First First First First Floor Floor Floor Floor Zone A Zone B Zone C Zone D Housing . . .", TABLE OF CONTENTS 00001 - 2 04/02/93 16.11 Sign Location First Floor Zone E Housing 16.12 Sign Location Second Floor Zone A 16.13 sign Location Second Floor Zone B 16.14 Sign Location Second Floor Zone C 16.15 Sign Location Mezzanine Level Zone D Housing 16.16 Sign Location Mezzanine Level Zone E Housing 16.17 General Information 16.18 Exterior Signage Elevations Details Sign Type A 16.19 Exterior Signage Elevations Details Sign Types B, F & G 16.20 Exterior Signage Elevations Details Sign Types C, D & E 16.21 Interior Signage Elevations Details Sign Types 1, 2 & 6 16.22 Interior Signage Elevations Details Sign Types 1 & 2 16.23 Interior signage Elevations Details Sign Types 3 & 8 16.24 Interior Signage Elevations Details Sign Types 4, 7 & 9 16.25 Interior Signage Elevations Details Sign Types 4, 5 & 10 .0 04/02/93 TABLE OF CONTENTS 00001 - 3 NUMBER 11.00A 16.00 16.00A 16.00B 16.00C 16.01 16.02 16.03 16.04 16.05 16.06 16.07 16.08 16.09 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 SCHEDULE OF DRAWINGS NAME Electrical Site Lighting Plan Site Signage Site Signage First Floor Department Designation Second Floor Department Designation Sign Location Ground Floor Zone A Sign Location Ground Floor Zone B Sign Location Ground Floor Zone C Sign Location Ground Floor Zone D Housing Sign Location Ground Floor Zone E Housing Not Used Sign Location First Floor Zone A Sign Location First Floor Zone B Sign Location First Floor Zone C Sign Location First Floor Zone D Housing Sign Location First Floor Zone E Housing Sign Location Second Floor Zone A Sign Location Second Floor Zone B Sign Location Second Floor Zone C Sign Location Mezzanine Level Zone D Housing Sign Location Mezzanine Level Zone E Housing General Information Exterior Signage Elevations Details Sign Type A Exterior Signage Elevations Details Sign Types B, F & G Exterior Signage Elevations Details Sign Types C, D & E Interior Signage Elevations Details Sign Types 1, 2 & 6 Interior Signage Elevations Details Sign Types 1 & 2 Interior Sign age Elevations Details Sign Types 3 & 8 Interior Signage Elevations Details Sign Types 4, 7 & 9 Interior Signage Elevations Details Sign Types 4, 5 10 REVIDATE 10/15/91 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 07/01/92 SECTION 00345 SCOPE OF WORK Bid Package No. 45 Interior and Exterior Signage 1.1 General Scope Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout and protection for the proper installation and completion of the interior and exterior signage. The work shall include but not be limited to the supply and installation of all signs, supports, anchors, fasteners, attachments, adhesives, electrical components, excavation, backfill, concrete, reinforcing steel, and all work required for a complete installation in accordance with the contract documents. 1.2 Special provisions The following special provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Bid Package. .1 All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to the Construction Manager. Contractor shall be responsible for applying for and procuring the construction permit as required by the City of Key West. .2 Provide, replace, and maintain any safety rails and barricades removed as necessary by this trade contractor during the process of work, or during deliveries of materials or equipment. .3 Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform the work under this Bid Package. Contractor shall pay particular attention to section 01710 Final Cleaning, which shall be performed as scheduled by the CM, which will be at or near the completion of the project. .4 Contractor shall perform all required testinq and provide adequate personnel in order to complete all testing to 04/02/93 SCOPE OF WORK 00345-1 ,- the requirements of governing agencies. .5 Coordination of the Work This contractor shall be responsible to coordinate his work with other multiple prime contractors both in the scheduling of field work activities and in the integration of individually furnished items into final composite installations. .6 All incoming material and equipment shall be coordinated with other trades and the CM is to be notified, in order that proper laydown, staginq and stocking areas are developed, prior to release for shipping. Within the building, areas shall be restricted and stocking areas will be authorized in writing. .7 If in the event of conflicting, or overlapping requirements in any area of the bidding documents, technical specifications, or drawings, the most stringent condition shall be bid and constructed. Notify the CM in any event, in order to not compromise the Owner's right to make appropriate decisions. .8 This contractor is reminded of inmate accessible areas and perimeters, and of the requirement for security devices, fasteners, connectors, sealants, and any other work associated with this bid package scope of work, in order that proper care and construction is performed in accordance with the standards and guidelines set forth by the regulatory agencies governing jails. .9 Contractor shall maintain As-Built drawinqs, (Record Drawings per Section 01720), of his work progression. A 50% progress of field work submittal, will be required. .10 This contractor shall not store materials inside building. Contractor shall provide suitable storage container, and be responsible for disposal off-site of all debris and trash. 1.3 By Others .1 The Owner's prime electrical contractor on the project shall furnish, install, and terminate the raceways and wiring shown on the eleotrical site lighting plan included in this package. ************************* END OF SECTION 00345 04/02/93 SCOPE OF WORK 00345-2 SECTION 00350 MILESTONE SCHEDULE This section contains the project milestone schedule. The contractor is required to determine his proposed schedule to meet these milestone dates. The Contractor is to note the following special items. a. Bid Due Date . . . . . . . 05/13/93 OS/27/93 . 06/01/93 10/01/93 b. Award Date (Anticipated) c. Notice to Proceed (Anticipated). d. Substantial Completion Date ********************** END OF SECTION 00350 04/02/93 MILESTONE SCHEDULE 00350 - 1 SBCTION 00110 PROPOSAL FORM BID TO: KONROB COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT PUBLIC SERVICE BUILDING, ROOK 002 5100 COLLEGB ROAD, STOCK ISLAND KEY WEST, FLORIDA 33040 BID FROM: Design Communications, ltd. 25 Drydock Avenue Boston MA. 02210 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 45, Interior and Exterior Signage New Detention Facility, stock Island, Key West, Florida and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, 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 ~xamination of the site. 04/02/93 BID PROPOSAL 00110 - 2 The undersigned shall perform the work in the Base Bid for the lump sum price of Forty Thousand One Hundred and Sixty Two (words) Total Base Bid $ 40,162 (figures) Includes 650.00 cost of bond I acknowledge receipt of Addenda No.(s) I have included pages 1 through 7 of the Bid Proposal which entails the Proposal Form~, the required Bid Security~, the Lobbying and Conflict of Interest Clause-1L-, the Sworn statement of Public Entity Crimes~, and the Non-Collusion Affidavit~. dollars, ~one (Check mark items above. as a reminder that they are included.) Mailing Address: Design Communications, ltd. 25 Drydock Avenue Boston MA 02210 Phone Number: (617) 542-9620 Date: 5/12/93 Signe~~ ~!ark Andreasson (Name) President (Title) Witness: ~(.~'"" 4~\Q (Seal) 04/02/93 BID PROPOSAL 00110 - 3 SWORN STATEMBNT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTBS, ON PUBLIC ENTITY CRIMES TillS f(IlIC IllS' IE SIC:alED AIf) ~ TO II TIlE PlESUCE Of A IOTAl' P\IlllC (It OTllEI OfFICIAL AUT 101 I ZED TO AM III STtI QI\ T lIS. 1. This sworn stltement Is submitted to ~!onroe County Board of County Commissioners (print name of the public entity) for Mark Andreasson, President (print individual's name and title) Design Communications, ltd. (print name of entity submitting sworn stat~t) 25 Drydock Avenue Boston MA 02210 by whose business Iddress II Ind (if applicable) its Federal E"",loyer Identification NlIlber (FEIN) is 042830 520 (If the entity has no FEIN, Include the Socill Se<urity NlIlber of the individual signing this sworn statement: . ) 2. I understand thlt I "public entity cri~" as defined In Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal llw by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other .tate or of the United States, including, but not limited to, any bid or contract for goods or lervlces to be provided to any public entity or an agency or political subdivision of any other st.te or of the United States and involving antitrust, frlud, theft, bribery, collusion, racketeering, conspirlcy, or ~terial misrepresentation. 3. I understlnd that "convicted- or .conviction" IS defined in Paragraph 287.133(1)(b), Florida itatuttl, means a finding of guilt or I conviction of a public entity crime, with or WithOUt In adjudlcltlon of guilt, In any federal or stat. trill court of record relltlng to char g.. brought by Indictment or InforMation after July 1, 1989, as a result of I jury verdict, nonjury trill, or entry of a plea of guilty or nolo contendere. I understand that an "Ifflllate. IS defined in Paragrlph 287.133(1)(a), Florida Statutes, means: 4. 1. A predecessor or successor of a person convicted of I public entity crime: or 2. An entity under the control of any natural person who is Ictive in the manag~nt of the entity and who hll been convicted of a public entity crime. The term "affiliate" includes those officers, directors, e.ecutlves, partners, shareholders, employees, members, and agents who are active In the ..nagement of an affiliate. The ownership by one person of hares constituting a control I iog interest In another person, or pool iog of equipotent or income IIltOn9 persons when not for fair market value under In ar.'s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into I joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months Ihall be considered an affiliate. 5. I U"lderuand that a "person" IS defined in Paragraph 287.133(1)(e), Florida Statutel, means any natural person or entity organlled U"lder 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 ter. "person" includes those officers, directors, executives, partners, shareholders, ~loyees, ~rs, and agents who are active in management of an entity. 6. lased on Information and belief, the stat~nt which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) x Neither the entity submitting this sworn statement, nor any of its officers, directors, 04/02/93 BID PROPOSAL 00110 - 4 executives, pertners, shareholders, employee., ~r., or ageOtl who are active In the ~nage.ent of the entity, nor any afflllat. of the entity has been ch.rged with and convicted of a public entity crime subsequent to July 1, 1989. _______ The entity I~ittlng this sworn Itatement, or one or ~r. of itl officers, directors, executive.. pertner.. shareholder., employ.... ~r., or agent. who are active In the manege.ent of the entity, nor an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _______ The entity s~ittlng this sworn stetement, or one or more of Its officers, directors, executive., pertnerl, .hareholder., employeel, ~r., or Igent. who are active in the meneg~t of the entity, or en affiliate of the entity has been charged with and convicted of a publlc entity crt. lubsequent to July 1, 1989. However, there ha. been a sl.bsequent proceeding befora a Hearing Officer of the Stlte of Florida, Division of ~Inlstratlva Hearing. and the Final Order entered by tha Hearing Offlcar detenalned that It WI' not In the public Interest to place the entity .~Ittlng thl. sworn .tat~t on the convicted vendor ll.t. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOlD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY T~ OF ANY CHANGE IN THE INfORMATION CONTAINED IN THI FORM. ~<.~ ~ (sIgnature) Sworn to and sl.bscribed before me this , ". 4... ; ."-'~' 'day of {V\~ \ , 19:Li. personall y known \..\ ~ \.{ ~~ ,toLL SSCn OR produced ldentlflculon Notary Public' State of (Type of identification) THERESA C. DAlFf Notary Public ., CIInIIfafM &,trtIRor.... 22. ,. Form PUR 7068(Rev. 06/"/92) 04/02/93 BID PROPOSAL 00110 - 5 section 00110 Non-Collusion Affidavit I, Hark. Andreasson of the city of according to law on my oath, and under penalty of perjury, depose and say that; Boston Xassachusetts 1.) lam President Design Communications, ltd. of the f I rtl of the bidder making the Proposal for the project described In the notice for calling for bids for: }~nroe County Detention Center Signage and that I e~ecut~ the said proposal with full authority to do so; 2.) the prices In this bid have been arriv~ at independently without collusion, consultation, communication or agre~nt for the purpose of restricting competition, as to any matter relating to such process with any other bidder or with any competitor; 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and witl not knowingly be disclosed by the bidder and will not be knowingly disclos~ by the bidder prior to bid opening, directly or Indirectly, to any other bidder or to any competitor: and ".) no att~t has been /IlIlde or wi I I be /IlIlde by the bidder to Induce any other person, partnership or corporation to submit, or not to submit, . bid for the purpose of restricting competition; 5.) full In this 5/12/93 (Date) COONlY Of: ~lassachuset ts Suffolk STATE Of: PERSONAllY APPEARED BEfORE ME, after f I rlt being sworl) by 1Ile, above on thll , j\ t-t'\ the undersigned authority. ~ hJ(~Il.<\(~" (name of Indlvldu,~ signing) .fflx~ his/her signature In the space dey of IV\ OJ..... ' 19~. \~ ) . 1,1/_[< ('. ilflr;y NOTARY PUBLIC who, provld~ My commission e~pires: THERESA C. DALEY Nttary Public ft1 Ccmmll$lsa &llres MoYItnHr 22, 1,. 04/02/93 BID PROPOSAL 00110 - 6 LOBBYING AND CONFLICT OF INTBREST CLAUSB SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE II Design Communications, Ltd. " ( C orrpany ) .. warrantl that he/It has not employed, retained or otherwise had act on his/Its behalf any former County officer or ~Ioyee In violation of Section 2 of Ordinance No. 010-1990 or any County officer or employ~ In violation of Section 3 of Ordinance No. 010-1990. for breach or violet Ion of this provision the County may, In It I discretion, terminate this contract without liability and may also, In Its discretion, deduct from the contract or purchase price or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration pa" 0 the fo r County officer or employee". Cate: 5/12/93 STAlE OF ~'assachuset ts COJNTY OF Suffolk T1fERW C. DALEY NotIry Public My ColMrlnlel &plm lfomM,r 22.1"' HCP ~ Rev 2/92 04/02/93 BID PROPOSAL 00110 - 7 THE AMERICAN INSTITUTE OF ARCHITECTS . AlA Document A201/CM CONSTRUCTION MANAGEMENT EDITION General Conditions of the Contract for Construction THIS DOCU\iE'\T HAS l.\fPORT.....NT LEGM CONSEQUENCES; CONSULTATION WITH ,",N .....nORNEY IS ENCOUR.....GfD, 1980 EDITION TABLE OF ARTICLES 1. CONTRACT DOCUMENTS 8. TIME 2. ADMINISTRATION OF THE CONTRACT 9. PAYMENTS AND COMPLETION 3. OWNER 10. PROTECTION OF PERSONS AND PROPERTY 4. CONTRACTOR 11. INSURANCE S. SUBCONTRACTORS 12. CHANGES IN THE WORK 6. WORK BY OWNER OR BY SEPARATE CONTRACTORS 7. MISCELLANEOUS PROVISIONS 14. TERMINATION OF THE CONTRACT "" CAUTION: You should use an original AlA document which has this caution printed in red. ~ An original assures that changes will not be obscured as may occur when documents are reproduced. 13. UNCOVERING AND CORRECTION OF WORK Copyright 1975, <<J 1960, by The American Inslitule of Architects, 1735 New York Avenue, N.W" Washington, D.C. 20006. ReproductIon of the material hereIn or substanllal quot.tion of lIS pro,'isions withoul wrinen permiSSIon oi the AlA viol.tes the copyright I.....s of the U:liled States .nd will b,e subject to legal prosecution. A'A DOCUMENT A201,CM . GENERAL CONDITIONS or THE CONTRACT fOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION . JUNE 19&0 EDITION . AlAe . <<J 1980 . THE AMERICAN JNSTITCH or ARCHITECTS. 17); NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006 A201/CM -1980 1 WARNING: Unl1cen~d photocopying violates U.S. copynghttaws and II lubjK1to legal prosecution. 04/02/93 GENERAL CONDITIONS 00750 - 1 Accept~nce of Defective of Non.Conformlng Wo,k . .6.2.2, 13.3 Accept~nce of Work. . . . . . . . . . . . . . . . . .9.5.5, 9.8.1, 9.9.1. 9.9.3 Access to Work................................ .2.3.6. 6.2.1 Accident Prevention ... . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.3.5, 10 Acts ~nd Omissions......... .... .4.18.3, 7.4, 7.b.2, 8.3.1, 10.5 Addend~, Definition of .............................. .1.1.1 Addltion~1 Costs, CI~ims for ...........................123 ADMINISTRATION OF THE CONTRAO ............. ,2,4.3.3 Agreement. btent of ........................... . ...1.1.1.2 All Risk Insur~nce . ...... . ........ ........ . .. . .11.3.1 Allowances .......................................... .4.8 Appllcalions for Payment. Contractor's...... .23.8, 9.2.1. 9.3.1. 9.3.3.,9.5.3,9.7.1,9.8.2,99.1,9.9.3,9.9.5,11.3.1.14.2.2 Applications fo, P~yment, Prolect . .. . ......... .. . .2.3.8, 2.3.9, 9.3.1, 9.4, 9.6.1, 9.7.1 Approvals..................... .2.3.18, 3.4. 4.3.3. 4.5, 4.12.4, 4.12.5, 4.12.b, 4.12.8, 4.13.2,7.7,9.3.2 Arbitration....... .2.3.15,2.3.23. b.2.5, 7.9. 83.1, 11.3.7, 11.3.3 Architect. Definition of ....... . . . . . . . . . . . . . . . . . . . . . . . . . .2.1 Architect, Extent of Authoflty ....... .2.3.34,4.12.8,5.2.7.7.2, 8.1.3,8.14.8.3.1,92.931,94,95.3.9.6,9.8,9.9.1.9.9.3, 12.1.1.12.14,12.3.1,124.1.13.1,132.1.13.2.5,14.2 Architect, limitations of Authoflty and Responsibility. . . . .2.3.2 through 2.3.5, 2.3.13 through 1.3.18. 2.3.22.4.12.1>. 51.1,9.4.1.9.5.4,9.5.5,12.4 Arch,tect's"dd,tional $er.lces .. .34.772.131.1.13.2.5.14.2.2 Architect's Approvals..... .1.3.18.34.4.5, 4.11.b. 4.12.8, 4.18.3 Architect's Authoflty to ReJect Work... .2.3.1b. 4.5, 13.1.2, 13.2 Architect's COPYright... . ... . .. . .. . . .. .. . . . . . . .. . .... ...1.3 Architect's Decisions............. .1.3.10 through 2.3.16, 7.7.2, 7.9.1,9.1,9.4,9.62.9.8.1,12.1.4,12.3.1 Architect's Inspections........ .2.3.16.2.321.9.4.2,9.8.1,9.9.1 Archltect's Instructions. .. . . . . . . .2.3.16. 2.3.19, 7.72, 12.4, 13. ~ Architect's Interpret~tlons . . . . . . . . .2.3.10 through 2.3.13, 12.3.2 Archttect's On.Site Observations. .... . .2.3 4,2.3.6.2.3.9,7.7.1, 774.9.4.2,9.6.1,991 Architect's Relalionshlp wllh Conlr~ctor .... . .1.1.2,2.3.5, 2.3.6, 2.3.13,2.3.16,0.3.4.5,4.7.3,4.12.6,4.18,11.3.6 Architect's Rel~tionship with Subcontractors.................. 1.1.2,2.3.16,9.5.3,9.5.4 Architect's Represent~tlons ..... ...........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, 6.2.5, 9.9.2 Aw~rd of Sep~rate Contr~cts . . . . . . . ... .... . . . . . . . .. ... .6.1.1 Award of Subcontr~cts and Other Contr~cts for Portions of the Work................ ... ........... .5.2 Boiler ~nd Machinery Insurance . .. .11.3.2 Bonds. lien ....................................9.3.3. 9.9.2 Bonds, Performance, labor and M~teflal P~yment .....7.5, 9.9.3 BUilding Permit......... ...... ........................ .4.7 Cert"lC~te of Subst~ntlal Completion. . . .9.8.1. 9.8.2. 9.8.3, 9.8.4 Certl/lCates of Inspection, Testing or ."pproval ..... . . . . .. .7.7.3 Cerl"ic~tes of Insurance. .. . . . . . . . . . ., . .9.3.2, 11.1.4 Ce,tiflcates for P~ymenl. ProJect.... .. . .2.3.9.2.3.21.9.4,9.5.1. 9.5.5,9.6.1,97.1,9.8.2,9.9.1,9.9.3,12.1.4,14.1.1,14.2.2 Ch~nge 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. 11.3.7. 12.1.12.2.1,12.3.1.131.2.13.2.5,13.3.1 Change Orders, Definition of ........ .... .. . .. .. ., . ....12.1.1 CHANGES IN THE WORK................. .2.3.19,4.11.1,12 INDEX CI~lms for Addltlon~l Cost or Time.... .8.3.2, 8.3.3, 12.2.1, 12.3 CI~lms fo, D~m~&es ........ ...... .6.1.1. 6.2.5. 7.4, 8.3, 9.6.1.2 CI~ims ~nd Disputes BetWffn Contractor ~nd Owne, ............. .2.3.12, 2.3.15, 2.3.23, 4.18.2, 7.9 ClNning Up .. . . . ., .... . . . . .. ................. .. ..4.15, 6.3 Commencement of the Work, Conditions Relating to .3.2.1,4.2, 47.1,4.10.5.2.1.62.2,75,9.2.11.1,11.3.4 Communications. .... .. .., . .,. .... .. . .2.3.2. 3.2.6,4.9.1,4.16 Completion, Conditions Rel~tlng 10 .. .2.3.21. 4.11, 4.15, 9.4.2,9.9.13.2.2 COMPLETION, PAYMENTS AND..........................9 Complelion of the ProJect. Substantial...... .8.1.4,98.3,984, 9.9.4,9.9.5,9.96.132.1,13.2.2 Completion of the Work, Substanti~1 ....... .2.3.21, 8.1.1, 8.1.3, 8.2.2,9.8.9.4.2,9.9.3.11.3.9 Compliance with l~ws ........,...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 Conce~lcd ConditiOns ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . .12.2 Consent, Wfltten ................... .2.3.22,4.14.2,7.2,7.6.2, 9.8.1,9.92.9.9.3.11.3.9 Constructlon Manager, Definition of .... . ........ .2.2 Construclton M~n~ger's Approval........... ... .4.10.1,4.13.2 Construction M~nager's Addltion~1 ServICes.. .... ... H. 7.7.2, 13.2.1, lU.5, 14.2.2 Construction Man~ger's Authority and Responsibility... . .2.3.3, 235.2.316.23.10.2322. 48.1, 4171, 4.183, 7.7.4,9.2.10.2.5,11.3.6,11.1.4,14.1.1 Construction M~nager's Confirmation. . . . . . . . . . . . . . . . . . .9.9.3 Construction M~nage"s Consult~tion 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 M~n~ge(s Coordin~tion ~nd Scheduling... .2.3.7, 2.3.17,01,4.10.1,4.12.4 Construction M~n~ger's Decisions.... . . .. ... . . . . .. .6.3, 8.3.1 Construction Man~ger's Determln~tions . .2.3.3, 6.3.1. 7.7.2, 8.3.1 Construction ....'anager's Inte,ests ...... . . .... . .. .11.3.1, 11.3.2 Construction Man~ger's Recommendations... .2.3.8. 2.l9, 9.3.1, 9.4.1,9.7.1,99.1,12.1.1 Construction M~n~ger's Rel~tionship with Architect....... . . ......... .1.1.2, 2.3.1, 2.3.3.2.3.21 Construclion M~n~ger's Rel~tionshlp With Contr~ctor .... .1.1.2, 2.3.15,2.3.16, 3.2.b. 0.1, 4.3.3, 4.5, 4.7.3, 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.l1, 8.3.2, 9.4.1, 9.5.4, 9.8.1, 9.9.1.10.2.6,11.1.4,11.3.6 ConstrUClion M~nager's Rel~tionship With Subconlr~ctors ...................1.1.2.23.16,5.3.1 Construction M~n~ger's Review............ .2.3.8, 2 l17, 5.2.1 Construction Schedule. Conlr~ctor's . . . . . . . . . . . . . . . . . . . . .4.10 Conlr~cl, Def,n'lion of ... . ........................... .1.12 (onlr~cl Adm,"lslr~llon . . . . . . . . . . . . . . . . . . . . . . . . . . .2.3, 4.3.3 Contr~cl Aw~rd ~nd Execution. Conditions Rel~tlng to ..... .4.7.1, 4.10. 5.2, 7.5, 11.1, 11.3.4 CONTRAO DOCUMENTS ...............................1 Contr.ct Documents, Copies Furnished ~nd Use of ...... . .... . . . .1.3. l2.5, 5.3 Contract Documents. Definition of . ..' .. ..... ........1.1.1 Contr~ct Modd,c~tlons . . .. . .. ...... ... ... . .. . . . ... .1.1.1, 12 Contr~ct Sum, Def,nlhon of .......................... .9.9.1 Contr~ct Termin~hon ....,..............................14 Contr~ct Time. Definlhon of .......................... .8.1.1 CONTRAOOR .........................................4 Conlr~ctor, Definition of ......................... .4.1, 6.1.2 Contr~ctor's (onsl,uclion Schedule.. ..... ... ...... .... .4.10 2 A201/CM-1980 AlA DOCUMENT A201/CM . GENERAL CO"DI110,",S Of THE CO'<lRACT fOR CO,"SlRUCTIO" CONSTRUCTION MANAGEMENT EDITION . tUNE 1980 fDIlION . AlA' . ~. 1!1tO . THE AMERICAN INSTl1UTE Of ARCHITECTS. ,;3S '<E\\' YORK AVE., NW., WASHINCTOS. O.c. 2(J()(J6 WARNING: UnllunS<>d photocopying violalrs U.S. copyrighll8W$ and Is su~ 10 le-gal proSKutlon. 04/02/93 00750 - 2 GENERAL CONDITIONS ContrllCtor's Employees..... .4.3.2,4.4.2,4.8.1,4.9,4.18,10.2.1 th,ough 10.2.4, 10.2.6, 10.3, 11.1.1 Contractor's liabilIty Insurancl!' .........................11.1 Conl'llCtor's Relallonshlp wIth Arch.tl!'ct . . . . . .1.1.2, 2.35, 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 Conlractor's RelallonshlP With Construction Manager.... .1.1.2, 2.3.15.2.3.16. 3H. 4.2.1, 4.3.3, 45. 4.7.2, 4.11.1, 4.12.4, 4.12.6,4.16.1,417.1.418.5.2,6.2.1.6.2.2.7.6.2. 7.7, 7.9.1, 7.9.2,83.1.832.941,954.9.8.1,9.9.1. 102.6.11.1.4, 11.3.6 Contractor's Relationship w,th Separate Contractors and Owner's forces ' . . . . . . . . . . . . . . . . . . . . . . . .3.2.7, 6 Contractor's Relationship w,th Subcontractors. ,124.52.5.3,95.2,11.33,11.3.6 Contractor's Representallons .......... .1.2.2, 4.5. 4.12.5,9.3.3 Contractor's ResponSibility lor Those Performing the Work. . . . . . . . ... . .. . . . .. . .4,3.2, 4.18, 10 Contractor's ReView oi Contract Documents. . . .1 2.2, 4.2, 4.7.3 Conlractor's Right to Stop the Work.... ......... ....... .9.7 Contractor's Right to Terminate the Contract. . . . . . . . ., . . .14.1 Contractor's Submittals.... .. . .' ..... .2.3.18.4.10.4.12. 5.2.1, 5.2.3,9.2.9.3.1,98.1,9.92.9.93 Contractor'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 liabllltv 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 Caples furnished ot Drawings and Speclllcatlons . .1.3,3,2.5,5.3 Correction oi Work . . . . . . . . . . . . . . . . . . . . .3.3, 3.4, 102.5, 13 2 Cost, Delinlllon 01 ................................. .12.1.4 Com...... .3.4,482, .U52. 52.3.6.1.1,6.2.3.6.2.5.6.3,7.7.1, 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 CullIng and Patching of \\ork ......................... .4.14 .4.142,10.2.1.2,10.2.7,11.3.1 . . . . .4.14.2, 4.18.1, 6.2.4, 6.2.5, 9.6.15, 102.1.3,10.2.2,10.2.5.10.3,13.2.6 Damages, Claims lor. . .' ... .......... .6.1.1. 6.2.5,7.4,9.6.1.2 Damages tor Delay.... ...... . .............. .6.1.1,8,3.4,9.7 Day, Delinition 01 .......... . .. .... ... .. . ... ......... .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 01 the ConstructIOn ,\Ianager ............. .6.3,8.3.1 Detecllve or ....on-Conformlng Work, Acceptance. Rejection and Correction oi ......2.3.4, 2.3.16, 3.3, 3.4, 4.5, 622, 62.3. 96.1.1, 9.9.4.2. 13 DefinitIons. . . . .. . . . . .. . . .1.1, 21, 22. 3.1, 4.1, 4.12.1 through 4123.5.1.612,8.1,911,12.11,12.14 Delays and ExtenSions 01 Time ..........................8.3 DIsputes................ .2.3.12. 2315, 2.3.23, 625, 6.3. 7.9.1 Documents and Samples at the Site.................... .4.11 Drawings and SpeCifications, Use and Ownership oi . .. ........... . .1.3,3.2.5.4.11,5.3 Damage to the Work Damage to Work . . . . . Easements ...........................................3.2.3 Emergencies .........................................10.3 Employees, Contractor's. . .. . ..... .4.3.2, 4.4.4, 4.8.1, 4.9, 4.18, 10.2.1 through 10.2.4, 10.2.6, 10.3, 11.1.1 Equipment, labor, .\Iaterials and. .... .1.1.1,4.4,4.5,4.12,4.13. 4.15.1,6.2.1,9.3.2,9.3.3,9.6.1.3,9.9.2, 10.2.1.2,11.3.1,12.1.4.13.2.2,13.2.5,14 Execulion and Progress of the Work......... 1.1.3, 1.2.3, 2.3.4, 2.3.5,2.3.11,4.2,4.4.1,4.5,4.7.1,6.2.2.7.9.3, 8.2.2,8.3.1,8.3.2.9.6.1,10.2.3.10.2.4,14.2 Execution, Corrl!'loition and Intent of the Contract Documents............ ........ .. 1.2, 4.7.1 Extensions of Time. . .. .... .. .,. ..... .. . .. .8.3, 12.1.1, 12.1.2 Failure 01 Payment by Owner........... ......... .. .9.7.14.1 Failure 01 Pavmenl of Subcontroicto's . . .. ..9.6.1.3,9.9.2,14.2.1 failure to Carry out the Work.. . . . . . . . . . . . .... . . . .. . .2.3.5 Flnoil Completion and Final Poilment . . .2.3.15, 2.3.21, 9.9, 13.3.1 FinanCIal Arrangements, Owner's. . '" .. . . . . .. .. . . . .....3.2.1 fife oind Extended Coverage Insurance... ............. .11.3.1 Governing law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7.1 Indemnification............... . ....... .4.17, 4.18. 62.5, 9.9.2 Identification of Contracl Documents. . . . . . ... .... .. ....1.2.1 Identification of Subcontractors and Suppliers. . . . . . . . . " .5.2.1 Information and Services Required at 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 Instrucllons 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 Insuroince. Contractor's liability.......... . . . .... .. .... .11.1 Insurance, loss 01 Use.......... . ..... . . . . ... . . .. '" ...11.4 Insu,ance. Owner's liability... . . . ... .. . . . . .. ... . ... ... .11.2 Insurance, Prope,ty ...................................11.3 Insurance, Batie, and Machinery. . . . . . . . . . . . .. .. . .... .11.3.2 Insurance, SpeCIal Haza,ds .......................... .11.3.5 Insurance, Stored Mate,ials ..................... .9.3.2,11.3.1 Insurance Companies, Consent to Partial Occupancy. .. . .11.3.9 Insurance Compoinles, Settlement With. . . . . . . . . . . . . . . . .11.3.8 Intent of the Cont,act Documents... .......... .1.2.3, 2.3.10, 2.3.13. 2.3.14, 12.4 Inlerest ............................................. .7.8 Interpretations. Wrotten ....... .1.1.1,2.3.11,2.3.12,2.3.13,12.4 labo" Materoals and EquIpment...... .1.1.3, 4.4, 4.5. 4.12, 4.13, 4.15.1,6.2.1.9.3.2.9.3.3,9.6.1.3,9.2.2,102.1.2, 11.3.1,12.1.4,13.2.2,13.2.5,14 labor and !o.lateroal Paymenl Bond. ... . .. . . .. ... ... ..... .7.5 labor Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 3 1 laws and RegulatIOns............ .1.3,2.1.1,46: '4.7: .:ii, 7.;, 7.6.1. 7.7.1. 10.2.2, 14 liens.................... .......... .9.3.3,9.9.2,9.9.4.1 limitations 01 Aulhorlty . .. ...... ..... '" .2.3.2, 11.3.8, 12.4.1 limitatiOns oi liabilIty......... . .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, 9.54,9.9.4,9.9.5,10.2.5,11.1.2,11.3.6 limitations oi Time, General....... .2.3.11,2.3.18,3.2.1,3.2.4. 4.2,4.7.1,4.7.3,4.12.4.4.15.1,5.2.1.5.2.3.6.2.2,7.4, 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 limitatiOns oi Time, Specilic . ... . '" .3.4, 4.10, 7.9.2, 8.2.8.3.2, 8.3.3,9.2,9.3.1,9.4.1.9.5.1,9.7,11.1.4,11.3.8. 122.12.3.1,13.2.2,13.2.7.14.1,14.2.1 limitations, Statutes oi ...................7.9.2, 13.2.2, 13.2.7 loss of Use Insurance................................ .11.4 "1" DOCUMENT "201/CM . GE"ERAl CO'DtTIONS Of THE CO"TRACT fOR CO,"STRl'CTlON CO,"STRUCTIO' "~"AG['H"T EDITIO" . JUNE 1980 EDITION' AlAe. @1980 . THE AMERICA" INSTlTLTE Of ARCHITEClS. ,;3S 'EW YOR~ AVE.. N W. WASHI"GTON. D.C :?OOOb A201/CM-1980 3 WARNING: Unlicensed photocopying viotates U.S. copyrighllaws and IS subject 10 Iegat proseculion. 04/02/93 00750 - 3 GENERAL CONDITIONS Materials. labor and EquIpment....... T.T.3. 4.4. 4.5. 4.12, 4.13, 4.1S.T. 6.2.1. 9.32. 93.3. 96.1.3, 9.9.2. 10.2.1.2,11.3.1.12.1.4.13.2.2.13.2.5.14 Matenal Suppliers....................... .4.12.1.5.2.1,9.3.3 Means, Methods, TechnIques. Sequences and and Procedures of Construclton ........ .233. -1.3.1. q -I ~ MInor Changes In the Work...... .1.1.1.2.3.19.12.-1 MISCElLANEOUS PROVISIONS ModrflCalions, DeilnlllOn 01 Modificat.ons to the Contract .................... .i Mutual ResponSlbillly ......... . . . . . . . . .1.11 1.1.1,11.2.232.2.3.22. -111.1.4.7.3. .,2 ....................6~ Non.Conforming Work, Acceptance of Deiect.ve or . . . . . . .13.3 NotICe, \\illlten ........... .2.3.11.2.3.15.4.2. -1.73. 4.7 -1.4'). 4.12.6. 4.1U. 5.2.1, 7.3. 7.4. 7.9.2, 8.1.2. 8.3.2, 8.3.3. 941.9.61.9.7.991.9.9.3.102.6.1114.11.31. 11.3.5.11.3.7.113.8.12.2.12.3.13.22.13.2.5.1-1 Sot Ices. Permits. Fees and.. 2.32.4.7. 4.13.1. 10.~ ~ NotICe 01 Testing and Inspections . . . . . . . . . . . . ..... 'otlce to Proceed.. .... .81.~ . .1 22. -1.7.3 .813.8.101.955,11.3.9 Observations, Controlt lors Occupancy. . . . . . . . . . On.Site Inspecltons by the Architect. .... .2.316.2.3.21.9.-12,9.8.1.99.1 On.Slte Observations by the Archllect .... . . . .2.301. 2.3.6, 2.3.9. 77.1.7.74.9.4.2. 9b.l. 9.91 Orders. Wlllten ..................3.3.4.9,12.101.12.4.1,131 OWNER..............................,............... .3 Owner. Definition .....................................3.1 Owner. Iniormatlon and Sef\ Ices Requlf..J 01 the .. . .32. 47.1. bU. b 2. 9. 11.~. 11 J 0" ner's Autholl'y ..................2.3.21. 772. 9.31. 9.3.2, 9.8.1.11.3.8.12.1.2,12.1.4 Owner's Financial Cap3b,hty .......................... L!.l Owner's l,ab,l.ty Insurance............. ........ . ..... .11.2 Owner's Relalionship wllh Subcontractors......... .1.1.2, 9.54 Owner's Right to Carry Out the Work. . . . . . . . . . . . . .3.4. 13.2.-1 Owner's Right 10 Clean Up ................. .-1.15.2. b3 Owners Right to Periorm Work and to Award Separate Contracts. . . . . . Owner's Right 10 Termlnale the Contract. . Owner's RighI 10 Stop the \\ ork .... Ownership and Lsc 01 Documents . . .6 1 ..1-12 .. ... .33 . . . . .13. 32.5. 53 Patching 01 \\or~. Cult'n..-: and .... .4.1-1 Patents, Ro\altles and. ...... .. .-1.17.1 Pa\'ment Bond. lJbor olnd \laleflal . ......7.5 Payment, Conlractors AppllCJtlons lor . .2.3.8, 9.2. 9.3. 901. 9.53.9.61, 9 7 1, 98 2. 99 1. 9 95. 1-1 22 Payment, Projcct Certil'j( ale"- tor .2.3 'J, 2.3.21. 94, 9 5 1. 9.55.9b1.9.7.1.982.991.993.12.U. 1-111. 1422 Payment. Failure of ............... .9.5.2. 9.b.l.3, 97. 9.9.~. 1-1 Payment. Final.................... 2.3.15.2321.99.133.1 Payments. Progress......... .78. 793. 9.5.5. 98.2.99.3,12.1.4 PAYMENTS AND COMPlnlON ...... ....................9 Payments to Subcontractors .......... 9S,2. 9.5.3. 9.5.4. 9.6.1.3. , 11.3.3.1-12.1 Payments Withheld ....................................96 Periormance Bond and labor and Material Payment Bond.. .7.5 Perm,ts. Fet's and Nolices ............. .3.2.3. 4.7, 4.13. 10.2.2 PERSONS AND PROPERTY, PROnOION OF ............. .10 Product Data. Del,nltlon of ........................,.14.2.2 Product Data. Shop DraWIngs, Samples and.. .2.3.18. 4.2.1. 4.12 Progress and Completion ....................2.301. 79.3. 8.2 Progress Payments.......... 78.7.9.3.9.55.982.9.9.3,12.1.4 Prolect. Definition oi ...... .. .. .. .. .. . .. .. .. .. 1.1.4 Project Construction Schedule.. .... ... . .. .4.10 Property Insurance. . . . ...11.3 PROTECTION OF PERSONS AND PROPERTY ..............10 Record Documenls ............................,..... .4.11 Regulations and laws............... 1.3,2.1.1,4.6.4.7,4.13.1, 7.1.10.2.2.14 Re)eclion 01 Work ........... . . . . . . . . .2.3.16. -15.1, 13.2 Releases ot "\ool"ers and liens. . . . . . . . . ., . . .. .. . . .9.9.:.'. 9.9.4 Representallons . .122. -1.5, -112.5. 9 ~.2. 9.6.1. 9.9.1 Representatl\es .. .2.1.2.2,23.2.2.3.22.3.1. -1.1. -1.9, 5.1. 9.3.3 R,"ponslb,llty lor Those Perlormlng the \\'or~ . 2.3.5. ~3.2. 61.3.62.9.81 Rl.'lalnage ..... ... . . .93.1. 952. ~82. 99.2. 9.9.3 Re\lew oi Contract Documt.nts b\ the Contracor ...... .1.2.2. -12.4.7.3 Re\lews oi Conlraclor's Submlllab by O"ner and Architect ....... .2318.4.10.4.12,52.1.52.3.9.2 Rights and Remedies ............1.1.2.2.3.15,23.16.3.3,3.-1. 5.3.6.1.6.3,7.6.79.8.3.1.96.1,9.7. 10.3.12.1.2.12.2,1322.1-1 Ro\allies and Patents............................. ... .-1.17 .. .10.:.' 2 3 j 101 . . . . . . -1.12.3 .2317.2.3.18, -12,4.12 Samples at the Site. Documents and...... .. ..... .4.11 Schedule. Conlraclor's Construction. . . .. . . . .. . . .. . . . . . . .4.10 Schedule. PrOjeC1 Construction ............ . . . . . . . .4.10 Schedule oi Values .......................... . . .9.2 Separate Contracts and Contractors.... .4.14.2.6,11.3.6.13.1.2 Shop DraWings. Deilnltlon ................. . . .412.1 Shop Dra'.\lngs. Product Data and Samples . ... .:.'.3.17. 23.18. ~2. ~.12 .~ 13. 62.1 .12:.' 2 3-1. ~ 3:.'" --. "81. 99.1 Saiel\ of Persons and Property Sollel\" Pr('cdullons and Pru~rams Samples, Definition 01 ... ~. . . . . . . . . . . . . Samples. Shop Dra",ngs. Product Data and. . ... Sill". Lse oi ... ':"lte In,pl'c; !or> ':'de \ 1"'11~, -\r<hlll'ct ~ .2.3.~, ~ 3 '1, : J --}, -: -.1, 7.7-1. ~J 2, 9.b.l. ~.9.1 Specalln<pectlon and Te<llng .23.16, ~.7 "pec.al Hazard< Insurance . . . . . . .11.3.5 Spec.i,catlons .. .1.1.1.12 -1.1.3 ~tJtute5 Oll:mi!JtIO'i<; - ~~. 13 :_~ 13 :_i 'lopping the Work ..33.9.- 1.103.1-11 Stored ."atellals . .. J.21. 932,10.21:.' 1131..132.5 SUBCONTRACTORS ....................................5 Subcontractors. Definition 01 .... . . . . . . .5.1.1 Subcontractors. Work by ..............1.2.4. 235. -1.31, -13.2 5ubcontractual RelatIOns .. . . . . . . . . . . . . . . . . .5.3 5ubmlllals .... .13.2.3.18, 4.10. ~12. 5:.'.1, 52.3. 9.2.9.3.1.98.1,9.9.1.9.93 4 A201/CM-1980 A'A DOCL'\1E"T "201 CM. Gl'l~'l [O,DI[!(l'o< Of [H[ (()'IR.\CT fOR [U,'HLCIO' CO,STRLCTlO" '","Gr\l["T EDIlIO" . IC"E 1980 EDITION. AlA' . ''7: "J8<J . THE ,,,[RIC" "-5111>. H Of 'RCHIHC15 1~3; 'I\\' \O~~'\'E. 'oW. ""5H"-C:0". DC :'0006 WARNING, Unlicensed photocopying yiolates U.S copyright laws and is sublect to legal prosecution. 04/02/93 GENERAL CONDITIONS 00750 4 Subfog~tion, W~iver of ..............................11.3.6 Subst~nti~1 Completion of the Project....... .8.1.4, 98.3, 9.8.4, 9.9.4,9.9.5, 9.9.6, 13.~.1. 13.2.2 Subst~nti~1 Completion oj the Prolect, Definition of ..... .8.1.4 Subst~nh~1 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 oj the Work, Definition oj ....... .8.1.3 Substitution 01 Subcontractors . . . . ..... .. .. . 5 ~.3. 5.~.4 Substitution 0; the Architect . . . . . . . . . . . . . . . . . . . . . . . . . . ~.3.23 Substitution of the Construction "lanager ............. .2.3.23 Substllutlons oj .\late"als ....................... .4.5. 12.1.4 Sub.subcontractors. Definition 01 ..... . . . . . . .5.1.2 Subsurface Conditions.... .... .................... .12.1.1 Successors and Assigns. . .. . . . . . . .. . ........ . ... . . . ... . .7.2 Supervision and ConstruCllon Procedures....... . . .1.~.4, 2.3.5, 43, 4.4, 10 Superintendent, Contraclor's . .......... .......... .4.9.10.2.6 Surety, Consent of ..............................9.9.2, 9.9.3 Surveys . . . . . . . . . . . . . . . . . . .. . . . . . ..... .. .3.2.2, 418.3 Ta.es ....... .......... .... ..4.6 Termination by the Conlraclor . .... . . .. . . . .141 Termination bv the Owner. . . . . . . . . . . . . . . ... . . .. . .. .. .14.2 Termination or the Architect............ ... .2.3.23 Termination or the Construction .\lanager ............. .23.23 TERMINATION OF THE CONTRACT...................... 14 Tests........ .............. .. ....... .2.3.16.4.3.3, 7.i, 9.4.2 TIME................................................. .8 Time. Definition oj ................................... .8.1 Time. Delays and ExtenSions of ......... .83.12.1, 12.3, 13.2.7 Time lImlls, SpeCIfic.............. .3.4,4.10,7.9.2,8.2,8.3.2, 8.3.3,9.2,9.3.1,9.4.1,9.5.1,9.7,11.1.4, tl.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 CORRECTION OF WORK. . . . . . . . . . . . .13 Uncovering 01 Work ................................. .13.1 Unforseen Cundltlons . .......................... .8.3.1,12.2 Unit Prices...... ... . . . ............... ..... .12.1.3.1. 11.1.5 Use 01 Documents. . . . . . ... .. . .. . . . . . . . .. . . . . .13, 3.2.5, 5.3 Use of Site .....................................413.6.2.1 Values, Schedule of .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.2 Waiver of Claims by the Contractor. .. .7.6.2,8.3.2,9.9.5, 11.3.6 Waiver of Claims by the (ft.ner ..... .i.6.2, 9.9.4,11.3.6,11.4.1 Waiver of liens .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9.9.2 Warranly and Warranties....... ...... .13.11.45,9.3.3,9.8.4, 9.9.4, 13.2.2, 13.2.7 Weather Delavs ...... . . . . ... . . . . .. . . . . . . . . . . . . . . . . .. .8.3.1 Words. Recognlled\leanlng of .. . . . . . . . . . . . . . . . . . . . . . .1.2.3 Work, Deflnlllon of ................................. .1.1.3 WORK BY OWNER OR BY SEPARATE CONTRACTORS.......6 WrllIen Consent......... .2.3.22, 4.14.2, i.2, 7.6.2, 9.8.1, 9.9.3 Wrillen Interpretallons .......,.......... .1.1.1,2.3.11. 12.3.2 WrllIen Sot Ice ...... .2.3.11, 2.3.15, 4.2, 4.73, 47.4, 4.9, 4.12.6, 4.12.7, S.~.l. 7.3, 7.4, 7.7.2, 7.9.2, 8.1.2, 8.3.2,8.3.3,9.4.1, 961.9.7.9'1.1.10.2.6,11.1.4.113.1.11.3.5,11.3.7, 11.3.8,12.2,12.3.13.2.2,13.2.5,14 Written Orders.................. .3.3,4.9,12.1.4,12.4.1,13.1 "I" DOCUMENT "101/CM . GE"'ERAl CO,01110"'5 Of IHE CO,1R..CT fOR CON5lRUCTION CO'5IRliCTI0' "."CE"Eq EOIlIO' . IlJM 1980 EOIIIO' . "'A'! . @1'1llO . THE A"ERICA'" '''511IL Tl Of ^~CHITlCTS. 1;)5 "'EW YOR~ AVE. ,\\ WASHI"GTON. DC. :?0006 A201/CM-1980 5 WARNING: Unlicensed photocopying viorates U.S. copyrighllaws and is subje<:1 10 legal prose<:ulion. 04/02/93 5 GENERAL CONDITIONS 00750 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 CONTRACT DOCUMENTS 1.1 DEfINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist oi the Owner.Contractor Agreement. the Conditions of the Contract (General. Sup- plementary and other CondltionSI. the Dra\\ lOgS. the SpeCliications, and all Addenda Issued prior to and all ,\\odiiications I~sued ailer execution oi the Contract. A .\\odillcation IS '.1 i a \\ rlllen amendment to the Cont'act Signed by both parties. 12, a Change Order. 131 a ,Hillen IOterpretatlOn Issued by the Architect pursuant to Sub. paragraph 2.3.11. or HI a ,Hllten order for a minor change in the Work Issued by the Architect pursuant to Paragraph 12.4. The Contract Documents do not include Bidding Documents such as the Advertisement or Invita- tion to Bid. the Instructions to Bidders, sample forms. the Contractor's Bid or portIOns oi .4,ddenda relating to any of these. or any other documents unless specdicall, enu- merated in the Ov.ner-ContraclOr Agreement. 1.1.2 THE CONTRACT The Contract Documents torm the Contract for Construc- tion. This Contract represents the entire and Integrated agreement between the parties hereto and supersedes all prior negotiations. representations or agreements. e.ther wrillen or oral. The Contract may be amended or modi- iied only by a Modification as deiined in Subparagraph 1.1.1. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect and the Contractor. between the Construc- tIOn ."-'\anager and the Contractor or between the Archi. tect and the Construction .\\anager. but the Architect and the Construction Manager shall be entitled to perform. ance of the obligations of the Contractor intended for their benefit and to enforcement thereof. Nothing con- tained in the Contract Documents shall create any con- tractual relationship between the Owner. the Construc- tion Manager or the Archllect and any Subcontractor or Sub.subcontractor. 1.1.3 THE WORK The Work comprises th~ completed construction required of the Contractor b\' the Contract Documents. and in- cludes all labor neces'ary to produce such con<lruction. and all materials and equipment Incorporated or to be incorporated in such cr)Ostruction. 1.1.4 THE PRO/ECT The Project. as defined In the 0,,, ner-Contractor Agree- ment. IS the total construction 01 "h,ch the \\ ork per- formed under the Contract Documents is a part. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed in not less than quadruplicate by the Owner and the Contractor. If either the Owner or the Contractor or both do not sign the Conditions of the Contract. DraWings. Specifications or an~ 01 the other Contract Documents, the Architect shall Identdv such Documents. 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has VISited the site, be. come familiar With the local conditions under which the Work is to be performed. and has correlated pe,sonal observations With the requirements of the ConHact Docu- ments. 1.2.3 The Intent 01 the Contract Documents IS to include all Items necessar\' lor the proper execullon and comple- tion or the \\ork. The Contract Documents are comple- mentary. and \\hat IS required b\' an\' one ,hall be a~ blndin~ a, II reqUired b\ all. Work not co\ered in the Contract Documents ,\ ill not be requ.red unless it is con- ,lStent thereWith and i~ reasonably Inferable lhereirom as being necessary to produce the intended results. Words .lnd abbreviations which have ....ell.known technical or trade meanings are used in the Contract Documents in accordance With such recognized meanings. 1.2.4 The organlzalion oi the Speclllcatlon, inlo di\i. "ons. sections and articles. and the arrangement 01 Draw- InSs ,hall not contro/the Cuntractor In dl\ldlng the Work Jmong Subcontractors or In establishing Ih~ e,tent oi Work 10 be periormed by any trade. 1.3 OWMRSHIP AND USE OF DOCUMENTS 1.3.1 All Drawings. Specifications and copies thereof furnished by the Architect are and Shll1 remain the prop. erty of the Architect. They are to be used only with re- spect to this Project and .He not to be used on any other proJect. With the exception oi one contract set for each party to the Contrac!. such documenrs are to be returned or suitably accounted for to the Architect on request at the completion 01 the Work. Subml<slon or dIStributIOn to meet oiilcial regulatory requirements or for 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 rese/'\ed riRhts. ARTIClE 2 ADMINISTRATION OF THE CONTRACT 2.1 THE ARCHITEO 2.1.1 The Mch'lect IS the per<on la\\ iullv licensed to practice JIchlecture. or an entl:\ la\\ lull\ practicing ar- chitecture. IdentdJed as such In the Owner-Contractor Agreement. The term Architect means the Architect or the Arch,rects authorIzed repre,C'nlatl\e. 2.2 THE COII/STRUOIOII/ MANAGER 2.2.1 The Construction "'\anager IS the person or entity identliled a; such In the Owner.Contractor Agreement. The term Construction Manager means the Construction .\1anager or the Construction \1anager's authorized representati\e. 2.3 ADMINISTRATION OF THE CONTRACT 2.3.1 The4,rch,tect and the Construction .\1anager will AlA DOCUMENT A201/CM . CE'ERAl CO'OI1'O'; Of .HE CO'TRACT fOR CO'S1RLClIO' CO,STRUClION MA~ACE"E'T E01110"" . JL:"E 1980 EDITIOI'> . AlAe . 'Sl 1980 . THE AMERICA'" '''S1I1UH Of ARCHIHOS. ,;); '!W 'ORK AVE 'w W~SH"GTO". 0 C ~. A201/CM -1980 6 WARNING: Unlicrn~ photocopying violatrs U.S. copyright laws and is subjrc1lo Irga' pl1lsecution. 04/02/93 6 GENERAL CONDITIONS 00750 provi~ administration of the Contr~ct ~s he'ein~fter descnbed. 2.3.2 The Architect and the Construction M.1nager will be the 0\\ ner's representatives during construction ~nd until jin.11 p.1yment to all contractors is due. The Archi- tect .and the Construction Manager will ~dvise and con- sult WIth the Owner. All instructions to the Contractor .h.111 be ;0"\ .Hdf'd through the Construction .\1anager. The Arstlltect .lnd the C~nstruct,on .".anager w,lI have .1uthonf\ to act on beh.alf oj the Owner only to the extent provided in the Contract Documents. unles~ otherwise mod,iu"d h\ \Hi Iten ,nstrument in accordance with Sub- p.H,lpar~ 2322. 2.3.3 The Con-tructlon "anager \\ III determine in gen- elal Ihal the Work 01 the Contractor ,. berng oerformed ,n auorC,lnce With the Contr,lct Documenb. and will en- dea\ or to guard Ihe 0\\ ner against detects and deiicien. ele< In :"e Work oi the Contractor. 2.3.4 The Architect will VISIt the site at inlervals appro- pfl.1te to the <tage 0; comtructlon to become generally 'amil,ar \\lth the progress and quality of the ''''ork .and to determine 10 general Ii the Work IS proceeding in accord. ,lnce \\lth Ihe Contract Documents. Ho\\ever. the Archi- tecl \\ ,il not be requlfed to make e\haustl\e or con- :rnuou. on-"te inspecllons 10 check the quallt\ or quan- tlh of Ihe Work. On the baSl< oj on.<lte observations as an archill'Cl Ihe Arch,ll'ct \\111 keep the O\\ner iniormed oi the progress oj the Work. and w,lI endeavor to guard the 0\\ ner ag.linst deiects and deiiciencie< In the Work oi the ContrJctor. 2.3.5 'ielther the Architect nor the ConstructIon Man- ager \\111 be responsible ior or hJ\e control or charge oi construcllon means. methods, techniques. sequences or procedures, or ior saietv precautions and programs in connection with the Work, and neither will be 'espon. sibil' jor the Contractor's fatlure to carr, out the Work ,n accordance with the Contract Documents. SeIther the Arch:tect nor the Construction "anJger will be respon. sible ior or have control or charge over the acts or omis. sions oi the Contractor. Subcontractors, or any of their agents or emplo~'ees. or any other persons performing any of the "'ork. 2.3.6 The ..~rchitect and the Construction Manager shall at all tImes have access to the Work wherever it is in preparation and progress. The Contractor shall provide iactlitles ior such access sO that the Architect and the Construction Mdnager mdY periorm their iunctlons under the Contract Documents. 2.3.7 The Construction Manager will schedule and coor- dlOate the Work oi dll contractor~ on the Project includ. ing the" use oi the site. The Construction ,"-'dnager wIll keep the Contractor informed of the PrOject Construction Schedule to enable the Contractor to plan and perform the Work properlv_ 2.3.8 The Construction Mdnager w1I' rex iew all Applica- tiom for Pavment bv the Contractor. including final pay- ment. and will asse'mble them with ~Imilar applications from olher contractors on the Project into a combined Project Application for Payment. The Construction Man- ager will then make recommendations to the Architect for certiiication for payment. 2.3.9 Based on the Architect's observations. the recom- mendations of the Construction M.1Nger ~nd ~n ev~lua. tlon of the Project Applic~tjon for P~yment. the Architect will determine the ~mount owing 10 the Contr.lctor and will issue a Project Certificate for Payment incorpor~ting such amount. as provided in Paragraph 9A. 2.3.10 The Architect will be the interpreter ot the re- quirements of the Contr~ct Documents and the judge of the periormance thereunder by both the O\\ner and the Contractor. 2.].11 The Architect will render interpretations neces- sary for the proper execution or progress of the Work, wIth reasonable promptness and in accordJnce with Jgreed upon time limits. Either pJrh to the (OI1:rJct m.1\' make wnllen request to the Archilect for such interpreta. tlon<. 2.3.12 Claims. dISputes and other mallers ,n question bel\\ een the Contractor and the Owner reldling to the (':\ecutlon or progress of the Work 0' the Interpretation of the Contract Documents shall be referred Initially to the~rchitect for decision. Aller consultalion with the Construction Manager. the Architect will render a deci- "on in writing within a reasonable tIme. 2.3.13 All interpretations and decIsIOns of the Architect shall be consistent with the intent oi and reasonablv in- ferable from the Contract Documents and \\ .II !:>e in writ- ing or in graphiC form. In thiS CdpJCltv as interDreter and ludge. the Architect will endeavor to secure falthiul per- formance bv both the 0" ner and the Contractor. will not ,hox\ partl.1lity to either. and WIll not be liable for the result of any interpretation or decis,on rendered in good faith in such capacily. 2.3.14 The Architect's decisions in matters relating to drtlstlC effect will be final if consistent with the rntent of the Contract Documents. 2.3.15 Any claim, dispute or other maller ,n question between the Contractor and the Owner rejerred to the Architect through the Construction ,"anager. eveept those relatlOg to artistic effect as proxlded 10 Subparagraph 2.3.14 and those which have been waived by. the making or acceptance of final payment as provided in Subpara- graphs 9.9.4 through 9.9.6. inclusive. shall be subject to arbitration upon the wrillen demand of either party. However. no demand for arbitration of any such claim, dIspute or other mailer may be made until the earlier of (1) the date on which the Architect has rendered a writ- ten deCision, or (2) the tenth day .liter the parties have presented their evidence to the Architect or have been gIven a reasonable opportunity to do 50. Ii the ~rchitect ha, not rendered J written dec",on b\ th.,: c';le. \Vhen 'uch a wrillen decision oj the Arch,tect "ate- 1 thai the decision is iinal but sublect to appeal. and ,~ that an\' demand for arbitration of a claim. dispute O' ot"er matter covered bv such decision must be made WlthlO thirty days .liter the date on which the partv making the demand re- ceives the wrillen decision, failure to demdnd Jrbitration with,n said thirty day pertod Will result in the ~rchitect's decision becoming final and binding upon the Owner and the Contractor. If the Architect renders a decision after arbitration proceedings have been initiated. such deCision may be entered as evidence but" ill not super- sede any arbitration proceedings unless the decision is acceptable to all parties concerned. 7 A201/CM - 1980 AlA DOCUMENT A201/CM . GP,ERAl CO~DI110"S OF THE CO'TR"'O fO~ CO...5HLO'0-': CONSTRUCTIOtoO MANAGEMENT EDITION . JUNE 1980 EDITION . A'A. . ~ 1980 . THE ..."'ERICA" '''~TITUlE or ....RCHITECTS. 17JS NEW YORK "'VE.. 0,; W . \\'ASH"GTO... 0 C. ~0006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 04/02/93 00750 - 7 GENERAL CONDITIONS 2.3.16 The ",ch,tKt will Nve juthority to rejKt Work ",i\lch does not conform to the Cont'ie. Documents. ~nd to require ~pecljl In~pedion or testing. but will t~ke such jction only aft~, consultjlion with Ihe Conslruction M~n. .I!(er. Subrect 10 review by the "rch,tect. the Construction Manager ",II have the authOrity to reject Wo,k which does not conform to the Contract Documents. Whenever. In the Construction Manager's opinion, It .s considered necessary or advisable for the Implementallon oi the in- tent of the Contract Documt'nts. the Construction Man- a!:er w.1I have authority 10 require special inspection or testing of the Work in accordance with SubparaKraph - - 2 \\ hether or not such Worl be then iJbrlcated. In- ,tailed or completed. The lnreKoln~ authorlt\ oi the Con- qructlon '1.1anager will be subJect to the p'mision~ of Subparagraphs 2.3.10 through 2.3.16. inclusive. with re- 'Deel to lnterpretatlons and deCl~lons of the Archllec1. Howe\er. neither the Architect's nor the Construction \\anager's authOrity to act under thiS Subparagraph 2.3.16. nor anv deCiSion made bv them In good failh either to exercise or not to exercise such authority shall Kive rise to anv duty or responsIbility of the Architect or the Con- <truction Manager to the Contractor, any Subcontractor. anI.' of their agents or emplovees. or any other pe"on performing anI.' of the Work. 2.].17 The Construction Manager will recei\e from the Contractor and review all Shop Draw ings. Product Data .1nd 5.1mples. coordinate them" Ith Information contained In related documents. and transmit to the Architect those recommended for approval. 2.3.18 The Architect will re\lew and approve or take other appropriate action upon the Conlractor's submittals such as Shop Drawings. Product Data and Samples. but only for conformance With the design concept of the Work and the informalion given in the Contract Docu- ments. Such actIOn shall be taken with reasonable prompt- ness so as to cause no del .Iv. The Architect's approval of a specdic item shall not indicate approval of an as<embh 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 order minor changes in the Work as provided in Subparagraph 12.4.1. 2.3.20 The Construction Manager will maintain at the Project site one record copy of all Contracts. Dra\\lngs. Specifications. Addenda. Change Orders and other Modi- fications pertaining to the ProJect. in good order and marked current!\ to record all changes made during construction. and approved Shop DraWings. Product Data and Samples. These shall be available to the Archi- tect and the Contractor, and shall be deli\ered to the Architect for the Owner upon completion of the Project. 2.3.21 The Construction ,'v1anager wrll assist the Archi- tect in conducting Inspections to determme the dates oi Substantial Completion and final complellon, and wrll receive and forward to the Owner for the Owner's review wrollen warranties and related documents required by the Contract and assembled by the Contractor. The Architect Will issue a final Project Certificate for Payment upon compliance with the requirements of Paragraph 9.9. 2.3.22 The duties, responsibilities and limitations of ~uthority of the Architect ~nd the Con-truClion \\.Inager u the Owner's represent~tives dUring construction .1S sel forth in the Contr.c. Documents, "III not be modified or extended without written consent ot the Ow ne,. the Con- tractor, the Architect and the Construction ,\1anaRer, which consent shall not be unreasonabh Withheld. Failure of the Contractor to respond within ten d.l\'; to a w rillen request shall conslllute consent by the Contractor. 2.3.21 In case of the terminalion of the emplm ment of .the Architect or lhe Construction Man.lger. the Owner shall appoinl an architect or a con<tructlon mana~er .1gam~t 1\ ham thC' Contr.lcter m.l~e- n, \ 'C.l', '~.lb:,' objec- tion and whose slatus under the LuntrJlt Documents ,hall be that of the former architect or ron.t'ucl,on man- ager, respectlvel\'. AnI.' di,pute '" connect,on I\lth such appomlmenh shall be <ublect to .Hbltration ARTICLE 3 OWNER 3.1 DEFINITION 3.1.1 The Owner is the person or entit\ identiiied as ~uch in the Owner-Contractor Agreement. The term 0" ner means the Ow ner or the 0" ner. authorized representative. 3.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 3.2.1 The Owner shall. at the reque,t 01 the' Contractor, at the time of execution of the Owner-Contractor Agree- ment furnish to the Contractor reasonable e\idence that the Owner has made imancial arrangements to fulfill the Owner's obligations under the Contract. Lnless such reasonable evidence is furnished. the Contractor is not required to execute the Owner-Contractor .-\greement or 10 commence the Work. 3.2.2 The Owner shall furnish all sun e\< de,cllbing the physical characteristics. legal limitations and utrllty loca- tions for the slle of lhe ProJect, and a legal description of the site. ].2.3 hcept as provided in Subparagraph 4.7.1, the Owner shall secure and pay for necessary approvals, ease- ments, assessments and charges required ior the construc- tion. use or occupancy of perm.lnent structures or for permanent changes in existing faCilities. ].2.4 Information or senices under the O"ner'; control shall be furnished by the Owner \\lth reJ-onable prompt- ness 10 a\oid dela\' in the order!\ progre" ,.,f ,kC Work. ].2_5 Cnless otherWise pro\ ided '" the Con:'act Docu- ments, the Contractor Will be furnished. iree oi charge. all copies of Drawmgs and $peclilcation, rea,onablv nec- essary for the execution of the \Nork. . 3.2.6 The Ol\ner shall fOl\\ard all In,lructon~ to the Contractor through the Construction ,\\Jna~e' \\ Ith simul- taneous notification to the Architect. . ].2.7 The foregoing are in addition to other duties and respomlbrlities of the Owner enumerated herein and es- pecially those in respect to Work Bv 0\\ ner or B\' Sepa- rate Contractors, Pa\'ments and Completion. and Insur- ance in Articles 6. 9 and 11. respectivel\. A'A OOCUMENT A201/CM . GE'"'ERAl CO'DI110'"'S Of lHE CO'TR'O fOR CO'STRL'OIOS COMTRUCTION .\IASAGEMENT EDITION . JUNE 1980 EDiTiON . A'A- . @ 1980 . THE AMERICAN I"STIIL 1[ Of ARCHITECTS. 17); 'E\\' YORK .WE . "w . 1\"SH"GTO'ol. D.C. 2000h A201/CM - 1980 8 WARNING: Unl,:ensed photOCOPYing Violates US. c<>pyrightlaws and is subiectlo 'egal prosecution. 04/02/93 00750 - 8 GENERAL CONDITIONS 3.3 OWNEI'S lIGHT TO STOP THE WOlle 3.3.1 If the Contractor fails to correct defective Work u required by Paragraph 13.2. or persistently fails to carry out the Work in accordance with the Contract Docu- ments, the Owner. by a wrillen order signed personally or by an agent speciiica'''' so empowered by the Owner in writing, may order Ihe Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however. this right of the Owner to stop the \Vork shall not gl\ e rise to any duty on the part of the Owner 10 exercise this right for the benefit oi the Con- tractor or any other person or entily, except to the extent reqUired by SubpaTJl:rJph 6.1.3. 3.4 OWNER'S RIGHT TO CARRY OUT THE WORK 3.4.1. 11 the Contractor defJults or neglects to carr\' out the \\ork In accordance \\lth the Contract Documents. Jnd lads \\Ithin <elen dJI< .liter receipt oi wrlllen notice trom the Owner to commence and continue correction or such dei.JUlt or neglect 1\ Ith diligence and promptness. the Owner mav, after seven days following receipt by the Contractor of an additIOnal wrillen notice and without prejudice to am other remedy the Owner may have. make good such detlclencles. In such case an appropriate Change Order shall be Issued deducting from the pay- meng then or thereatter due the Contractor the cost of correcting such detlclencles, IOcluding compensation for the Architect's and the Construction Mana~er's additional services made neces<aTV h\ such default, neglect or fail- ure. Such acllon by the Owner and the amount charged to the Contractor are both 'ubject to the prior approyal of the Architect. .liter consultation with the Construction "\~anager. If the payments then 0' thereafter due the Con- tractor are not suffiCient to cover such amount, the Con- t,actor shall pav the difference to the Owner. ARTIClE 4 CONTRACTOR 4.1 DEFINITION 4.1,1 The Contractor is the person or entity identified as such in the Owner-Contractor Agreement. The term Con- tractor means the Contractor or the Contractor's author- ized representative. 4.2 REVIEW OF CONTRAG DOCUMENTS 4.2.1 The Contractor shall carefully study and compare the Contract Documents and shall at once report to the Architect and the Construction Manager anI' error, incon- sistency or omission that mal' be discovered. The Con- t,actor shall not be liable to the Owner, the Architect or the ConstructIOn \\anager ior anv damage resultJng from anv such errors, Jncons,<lencies or omissions In the Con- tract Documents. The Contractor shall perform no portion oi the \\lork at am time Without Contract Documents or "here required approled ~hop Drawings. Product Data or Samples ior 'Llch pnrllllfl pi the Work. 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES 4.3.1 The Contractor shall supervise and direct the Work. using the Contractor's best skill and attention. The Contractor shall be solely responsible for aJJ construction means, methods. techniques, sequences af',d procedures: and shall coordinate all portions of the Work under the Contract, subject to the overall coordination of the Con- struction Man.lger. 4.3.2 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, Subcontractors and their agents and emplo~'et'S. ...nd any other pe,sons performing any of the Work under a con- tract with the Contractor. 4.3.3 The Contractor shall not be relieved from the Contractor's obligations to perform the Work in accord- ance with Ihe Contract Documents either by the activities or duties of the Construction Manager or the Architect 10 their .1dministrJtion of the Contract. or bv inspections, tests or approvals required or periormed under Paragraph ;-;- by persons other than the Contractor. 4A lABOR AND MATERIALS 4.4.1 lrJless otherwise provided in the Contract Docu- ments. the Contractor ,hall pro\ Ide and pal' ior all labor. matenals. equipment. tools, construction equipment and machlOery, water, heat, utilities, transportation, and other iacilities and services necessary for the proper execution and completion of the Wo,k, whether temporary or per- mdnent and whether or not incorporated or to be incor- porated in the Work. 4.4.2 The Contractor shall at all times eniorce <(flCt dis- clpllOe and good order among the Contractor's em- plo\ee< Jnd shall not emplo\ on the Work any uniit per- ,on or "nyone not skdled ,n the lask assigned them. 4.5 WARRANTY 4.5.1 The Contractor \\arrants to the O",ner, the Archi- tect and the Construction Manager that all materials and equipment furnished under this Contract will be new un- less otherwise specified, and that all Work will be of good qwhlv, free from faults and deiects and 10 coniormance ....:h (he Contract Documents -\11 Work not coniorming 1\" Ih~se H~Q\J\rements. Including substitutions not prop- erlv appro\ed and authorized. mal' be considered defec- lile. If required by the Architect or the Construction ,....1an- ager. the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty IS not limited by the provisions of Paragraph 13.2, 4.6 TAXES 4.6.1 The Contractor shall pay all sales. consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legallv enacted at the time bids are recei\ed, whether or not let ent!ctive. 4.7 PERMITS. FEES AND ~OTlCES 4.7.1 Lnless otherl\ Ise prol ided 10 the (ontrJct Docu- ments, the 0\\ ner shall secure and poll' ior the budding permit and the Contractor shall secure ar.d pa\ for all other permits and governmental fees. licenses and inspec- tions necessary for the proper execution and completion oi the Work which are customard\ ,ecured .liter execu- tion oi the Contract and which are legallv required at the lime bids are received 4.7.2 The Contractor ,hall gi\e .111 notices and comply ",th all la\\'s. ordinances, rules, regulatIOns and lawful orders oi any public authority bearing on Ihe perform- ance of the Work. 9 A201/CM -1980 AlA DOCUMENT 4201iCM . GE'ERM CO'OITlO'S or lHE CO'TR'CT rc~ CO'STRLClIOS COSSTRLCTIOS .\\Afo.AGEMEST EOITIOS . J\,;SE 1980 EOITIOS . AlAI . ~ 1980 . THE "'ERIC" "SliT!.. H Of ARCHIHC1S. 17]; SEW 'OR~ ~I'E S 1\ \\\<H"GOS D C. ~ooo.; WARNING. Unlicensed photocopying ,iolales U.S. copyright laws and is subiecllo legal prosec"lion. 04/02/93 9 GENERAL CONDITIONS 00750 4.7.3 It is not the responsibility of the ContractOf to make cert.lin th.lt the Contr.lct Documents ue in .lccord- ,lOce with appliCilble l.lws. statutes. building codes and rl'gulations. If the Contractor observes tNt any of the Contract Documents are at variance therewith in any re- spect. the Contractor sh.lll promptly notify the Architect and the Construction Man.lger In writing, and .lny neces- sary changl's shall be accomplishl'd by appropriate Modification. 4.7.4 If the Contractor performs any Work knowing it to be contrary to such laws, ordinances. rules and regul.l- tions, and without such notice to the Architect .lnd the ConstructIOn Manager. the Contractor shall assume full responsibility therefor and shall bear all costs attributable thereto. 4_8 AllOWANCES 4.8.1 The Contractor shall Include In the Contract Sum all allowances stated in the Contract Documents. Items covered by these allowances shall be supplied for such amounts and by such persons as the Construction Man- ager may direct, but the Contractor will not be ,equired to employ persons against whom the Contractor makes a reasonable obj.:?ction. 4.8.2 Unless otherwise provided in the Contract Docu- menls: .1 these allowances shall cover the cost to the Contractor, less anv appltcable trade discount. of the materials and equipment required bv the allowance, delivered at the <1te. 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 nOI in the allowance; .3 whenever the cost is more or less than the allowance, the Contract Sum shall be adjusted accordingly b~' 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 .....ho shall be in attend- ance at the Project site during the progress of the Work. The superintendent shall represenl the Contractor and all communications given to the superintendent shall be as binding as if given to the Contraclor. Important commu- nications shall be confirmed 1ft w flting. Other communi- cations shall be so confirmed on wrllIen request in each case. 4.10 CONTRACTOR'S CONSTRUCTION SCHEDULE 4.10.1 The Contractor. immed,atel\' .liter being awarded the Contract. shall prepare and submit for the Construc- tion Manager's approval a Contractor's Construction Schedule ior the Work which shall provide for expedi- tious and practicable execution oi the Work ThiS sched- ule shall be coordinated by the Con<truction ,,"'anager with the Project Construction Schedule. The Contractors Construction Schedule shall be revised as required bv the conditions of the Wort Ind the ProJect. sub,l'ct to the Construction M.ln.lgfl"s approv..!. 4.11 DOCUMENTS AND SAMPlES AT THE StTE 4.11.1 The Contractor shall maintain at the Project site, on a. .cur~ent basis. one record copy of all Drawings. Specifications, Addenda. Change Orders and other Modi- iications. in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Dat.l and Samples. These shall be available to the Architect and the Construction Manager. The Contractor shall .Id\'ise the Construction Manager on a current basis of all changes in the Work made during construction. 4.12 SHOP DRAWINGS. PRODUCT DATA AND SAMPLES 4.12.1 Shop Drawings are drawlOgs, diagram,. ,chedules and other data specially prepared ior the Work by the Contractor or any Subcontractor, manuiacturer, supplier or distributor to illustrate some portion oi the Work. 4.12.2 Product Data are Illustrations. standard schedules. performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the \"'ork. 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 prepJre, rev iew. approve and submit through the Construction Manager, \\Ith reason- able promptness and in such sequence as to cause no de- lav in the Work or in .he work of the Owner or any sepa- rate contractor, all Shop Drawings. Product Data and Samples required by the Contract Documents. The Con- lractor shall cooperate With the Construction Manager in the Construction Manager's coordination of the Conlrac- tors Shop Drawings, Product D.lta and Sample, with those oi other separate contractors. 4.12.5 By 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 iield construction criteria related thereto. or will do so with reasonable promptness. and has chec"ed and coordinated the inior- mation contained within ~uch submittals with the reqUire- ments of the Work. the Project and the Contract Docu- ments. 4.12.6 The Contractor shall not be relie\ed or responsibll- It\ ior anv deviation irom the requirements at the Con- tract Documents bv the .1,rch,tect's appro\al oi Shop DrawlOgs. Product Data or Samples under Subparagraph 13.18. unless the Contractor has speciiicallv IOformed the Architect and the Construction Manager in \Hlting oi such de\ IJtion at the time oi submission and the Arch;- !ect hJ~ ~l\en \\ritten J,::';J"O\JJ In the 'PC(j!IC ri(>\i~1tlon The Contractor shall nOl be relie\'cd trom responsibililv lOr errors or om,,<Ions ,n the Shop Draw in~s. Product Data or Samples b\ the ....chilect's .1pproval oi them. 4.12.7 The Contractor shall direct speciiic attention. in \\ riling or on resubmitted Shop Ora\\' IOg<. Product Data or Samples. to rev ISlon< other than those requested bv the Architect nn pre\ ious submittals. AlA DOCUMENT A20TiCM' G["[R~l CO"01110'S or TH[ CO"'H'Cl fOR CO'S'O:LCTIO' CO...STRL;CTION MA...."GEME...T EDITIO'" . Jl."E 1980 [DITION . AlAe. !' lOW. THI ,'''\ERIC''.... '....STIlL'lE or ARCHIHCT~ ,~~~ '(\\' YO~~ .".\'[ .....: \\ \\ "'SHI....CTn' D c. ~(YYlo. A201/CM - 1980 10 WARNING; Ur'ljcensed phOl0cop-,.ng \',ola1es U.S. copyrlgrlt laws and is subject to legal prosecution. 04/02/93 00750 - 10 GENERAL CONDITIONS ~.12_8 :-'0 porllon 01 Ihe WorL. requiring submission of tl ~hop Dr.1\\ '"I:. Product D.lld or S.lmple shall be com- menced until the ,ubm.lI.l1 hd' been .Ipproved by Ihe "rchilect .15 pro\lded 10 SubparJ"'.lph 2.3.18. "" such porllon~ of Ihe \\Iork <hJII be 10 accordance wilh ap- proved <ubmitl.lls. 4_13 USE OF SITE 4.13.1 1 he Contractor ,h.lll conIine ope,alions .It the sile 10 Jreas permitted bv law. ordinances. permits and the Contract Documents. and ,hJII not unreasonably encum- ber the slle \\ Ith anv materials or equipment. ~.13.2 The Conlr.lcfof ''',lil c()ord,",lle all 01 the Contrac- r, 'r , "pl'r,ll,,)n, 111111 ,1"'0 '(',Ufl' ,lpprO\ .11 irom. the Con- ,:ructlon .\IJnJger before> u,,"g am portion oi the Sill'. ~. H CL:TTIi';G AND PATCHI"G OF \\ ORK ~. H.1 The Contractor <h.l[1 h(' re,pon"ble ior ,111 cutting. ',:t,ng or palchlng that mJ\ be requJred to complete the \\ ork or 10 make Its ,elerJI pM!> III togelher properlv. 4.14.2 The Contrdctor <h.ll1 nOl ddmage or endanger any portion of the Work or the \\ ark of the Owner or any ,eparate contractors hI culling. patching or otherwise a'lerlng anv work. or b\ e\OI.lllon. The Contractor <hall not cut or otnem IS(' .1[:('[ :he \\ ork oi the Owner or any 'l'pJrale contractor e\c('('t \\ .:h the \\ rltlen consent oi the O\\ner and oi 'uch .\':>,1<.1:e contractor. The Conlractor ,hJI[ nOI unr('a'on,lbi\ \\ :!r~()id trom the Owner or .In\' 'eparate l ontractor con<enl to futtlng or othen\ ise alter. Ing the' Work 4.15 ClEANING UP 4.15.1 The ContrJctor <hJII at all limes keep the p,emises iree from accumulation 01 \\Jste materials or rubbish cJused bv the Contr.lctors operatIons. At the completIOn or ~he \'.',>;i.; :1<<' Co."':"':::Dr ,'\'.11 '{>rno\e .Iii ll>t. Con::..c- tors waqe ma:~"a', l~<i ,uro,,",,: !'O'm and .lboU1 the Pro/eet L1S \$-'.:! ,1~ al:' ~;"-t: C!..:-ntr.1~:~O~ ~ toob. con_,frU(riC't!: equiam",,' machi~H'f\ d"d <urplus md\erials. 4.15_2 It the Contractor :J"; to clean up at the comple- tIon of the Work. the 0\\ ner ma~ do so as provided 10 Paragraph 3,4 and Ihe co~t thereoi shall be charged to Ihe Contractor. 4.16 COMMUNICATIOM 4.16.1 The Contractor shall iomard all communications to the Owner and the Architect through the Construction \\Jnager. 4.17 ROYALTIES AND PATENTS 4.17.1 The ContrJctor <hai: p.l\ ail rovaltles and license tee.< sha!1 defend $]1 :-~,:.. L" ClJlm,. ior .nfringement or am palent right~ and ~hJil ,.1\ e the 0\\ ner and the Con- struclion .\1anager harmle<, irom loss on account thereoi. except Ihat the 0\\ ner Of :he Con;:ruction .\\anager .IS the case Olav be, shall be re~ponsible for all such loss \\ hen a particular de<It:~ p'oce-- or Ihe product oi a p.r- tlculM manuiacturer or ~JnU'Jcture" IS ,elecled by such pelson or such p~rson, ag~"t. Ii the Contractor. or the Construction Manal<pr ilS Ihe case milY be. has reason to believe th.lt the de;lgn. proces~ or product selected is an Inirrngement of a patent that part\' shall be responsible ior such loss unless such ,nformatIOn is promptly gi\'en to the others .Ind also to the Architect. 4.18 INDEMNifiCATION 4_18.1 To the fullest extent permlllt'CI by la\\'. the Con- trtlctor shall mdemnltv and hold htlrmlpss the Owner, the Mchitl.'Ct. Ihe Constru'ction Manage', and their tlgents and employees from and against all claims. damages. losses .Ind expenses. includmg. but not limIted 10, tlllOrneys' fees arising out of or resulting from the perforlNnce of the Work. provided that any such claim. dJm.lge, loss or expense (1) IS allflbut.lble to bodily inJUry. siclness. dis- e.lse or death. or to injury to or destruction 01 tJngable property (other than the Work Itself! includIng the loss of use resultlOg therefrom. and (2) is caused in whole or in part bv anv negligent act or omission oi lhe Contractor. an\' Subcontractor. dmone dorectlv or Indorect" emploved bv anv 01 them or anyone lor who<e Jcts .1m oj them 'lla\ be !Iable. reg.Hdless oi whether or not It IS caused n pMt bv a pJrtv Indemnified hereunder. Such obligalion .hall not be construed to negate. .1brrdge or othef\\Ise 'educe anv other rrght or obligatIon 01 indemnity which would otherwise eXIst as to any party or person described '" Ihis Paragraph 4.18. 4_18.2 In any Jnd all c1.1ims ag.llOst Ihe Owner. the Archi- lect, the Construction Manager or an\' oi theor agents or emplovees by any employee ot the Contractor. any Sub- contractor, anyone directlv or indirect!" emplo\ed by anv or them or an\ one ior whose .Icl' am' 01 them mol\' be iJable. the ,ndemnliicat,on obllgJtlon under :his Para- graph 4.18 shall not be limited in am way b\ anv limita- tion on the amount or type of damages. compensation or beneilts paYJble bv or ior the Contractor or anv Sub- contractor under workers or workmen's compensation Jct~. disability beneiit acts or other employee benefit acts. 4.18.3 The obligations 01 the Contractor under this Para- graph 4.18 shall not extend to the liabilitv of Ihl.'oI,rchitect or the CO!'btrllCllon f\\anager. their agents or emplovel.'s. Jflsrng out oi (1) the preparation or Jppro\al oi map,. drawings. opInions, reports. surveys. Change Orders, de- ,,~n~. or ~pecjijCJli()n,. or:!J the ~ivrng of or thl.' iailure to gJ\e directions or instructions by the Architect or the Construction MJn.lger. their Jgenls or emplO\ees. pro- \'Jded such giving or failure to give is the primdry cause 0; the injury or damage. ARTICLE 5 SUBCONTRACTORS i.1 DEFINITION i.1.1 A SubcontrJctor is a person or entltv \\nO has a direct contract With the Contractor to perform a~\' of the \\ork .11 the "tl' The term SUhrtlnlrJrlOr 01(','". .1 Suo- conlractor or a Subcontractor, authomed repre,entati\'e. The term Subcontractor does not include am ~eparate ConlrJctor or anv separ.lte contractors <ubconlractors. 5.1.2 A Sub-subcontractor is .I person or entil\ who has a dJrect or indirect contract WIth a Subconlracto' 10 per- iorm any 01 Ihe Work at the site. The term Sub-subcon- tractor means a Sub-subcontractor or an Juthoflzed rep- resentative thereoi. 5_2 AWARDS or SUBCONTR4QS AND OTHER CONTRAQS fOR PORTIONS OF THE WORK 5~1 Unless otherwise required by the Contract Docu- 11 A201/CM -1980 .,... OOC\.i\1ENT AlGl'CM . CE'ERAl CO'DIlIO'S Of THE CO, HACT fOR CO'~IRL'CTIO' CO'SHL CTlON M....'ACE:\1ENT EDITION . JU:<;E 1980 EDITION . AIAt . ~ 19i1O . THE ...."ERIC...' !'STIlL TE Of ....RCHITECTS. 1-)5 'E\\' YORK ....\'E. '\\ \\\SHI'oCTO' DC "0((;" WARNJ",G Un~icensed photocopying violates U.S. copyrigh11aws and is subject to legal prosecution 04/02/93 00750 - 11 GENERAL CONDITIONS menlS or the Bidding Documents, Ihe Contr~ctor, is soon is prictiuble .liter the ~w.,d of the COnltict, shill fur- nish to the Construction t.u~ger in wriling for review by the QwMr. the Architect and the Construction Min- iger, the ~mes of the persons or enlities (including those who are to furnish materials or eqUIpment fabricated to i speci~1 design) proposed for eich of the principal por- tions of the Worle. The Construction Manager will promptly repl\ to the Contractor in writing stating whether or not the Owner, the Architect or the Con- struction Minager, after due investigation, has reasonable objection to an\' such proposed person or entity. Failure of the Construc:ion Manager 10 reply promptly shall con- stitute nOlice c no reasonable ob,eclion. 5.2.2 The Contractor shall not contract wilh any such proposed per5cn or entity to whom the Owner, the Ar- chitect or the Construction Manager has made reasonable objection unde' the provisions oi Subparagraph 5.2,1. The Contractor sha,: not be required to contract with anyone to whom the Contractor has a reasonable objection. 5.2.3 If the Owner, the Architect or the Construction Manager has reasonable objection to any such proposed person or enlit\', 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 ir.creased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order ;hall be issued; however, no increase in the Contract SL:m shall be allowed for any such substitu. tion unless the Contractor has acted promptly and re- sponsivelv In ~ubmittlOg names as required by Subpara- graph 5.2.1. 5.2.4 The Contractor shall make no substitulion for any Subcontractor. person or entity previously selected if the Owner, the Architect or the Construclion Manager makes reasonable objection to such substitution. 5.3 SUBCOt.'TRAOUAL RELATIONS 5.3.1 B~' an appropriate agreement, written where legallv required for validity, Ihe Contractor shall require each Subcontractor. to Ihe extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the lerms of the Contract Documents, and to assume to- ward Ihe Contractor all Ihe obligations and responsibili- ties which the Contractor, by Ihese Documents, assumes toward the 0" ner, Ihe Architect and the Construction Manager, Said agreement shall preserve and protect the rights of the Owner, the Architect and the Construction Manager unde~ the Contract Documents with respect to Ihe Work to be performed by the Subcontractor so that the subcontracng the,eof wlil not prejudice such rights, and shall allow to the Subcontractor, unless specifically p,ovided othe~ise in the Contractor-Subcontractor Agreement. the benefit ot all rights, remedies and redress against the Cor:ractor that the Contractor. by these Docu- ments. has age nst the Owner. Where appropriate, the Contractor sha:: require each Subcontractor to enter into similar agreements with their Sub-subcontractors. The Contractor sha!1 make available to each proposed Sub- contractor. prior to the execution of the Subcontract. copies of the Contract Documents to which the Subcon- tractor will be bound by this Paragraph S.3. and identify to the Subcontractor any terms and conditions of the pro- posed Subcontract v.h,ch IN)' be at var~nce with the Contrict Documents_ hch Subcontractor shill simiJirly INke copies oi such DOC\lments aViilibJe to their Sub. subcontrictors. ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRAOORS 6.1 OWNER'S RIGHT TO !'ERfORM WORK AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform work re- lated to the ProJE.'ct wilh the 0" ner's own forces, and to award separate contracts In connection with other por- tions of the Project or other work on the site under these or 51molar Conditions of the Contract. If the Contractor claims that delav, damage or additional cost is involved becau5e of such aCllon bl :he Ow ner, the Contractor shall make such claim as prOVided elsewhere in the Contract Documents. 6.1.2 When separate contracts are awarded for different portions of the Project or other work on the site, the term Contracto, in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- Contractor Agreement. 6.1.3 The Owner will prO\ Ide ior the coordination of the work of the Owner's o\\n forces and of each separate conlractor with the \\'or~ of the Contractor, who shall cooperate therewith as pro- Ided in Paragraph 6.2. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afiord 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 resuh~ upon the work of the Owner or any separate contractor. the Contractor shall, prior to proceeding with the Wor~. promptly report to the Con- struction Manager any apparent discrepancies or defects in such other work lhat render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall comtitute an acceptance of the Owner's or separate contractor's \\o~k as iit and proper to receive the Work, except as to deiects which mal' subsequently become apparent in ,uch \\o~k by others. 6.2_3 Any costs caused bl defective or ill-timed work shall be borne bl the party re5ponsible therefor. 6.2_4 Should the Contractor wrongfully cause damage to the work or proper!\' of the Ow ner, or to other work or property on the site. the Contractor shall promptly rem- edv such damage a~ prO\'I\:!ed in Subparagraph 10.2.5. 6.2.5 Should the Con:rac:o~ \\ rongiully delav or cause damage to the wor~ or property of any separate contrac- lOr, the Contractor shall, L:pon due notice. promptly at. tempt to settle with such other contractor by agreement. or otherwise 10 re50lve the dl~pule, If such sepa raIl' con- tractor sues or initiates an arbitration proceeding against the Owner on account of an\ delav or damage alleged to hale been cau5ed bv the Contractor, the Owner shall AlA DOCU....E"'T A.....1.'CM . CENERAL CO~DI110~S Of THE CO...TRACT fOR CO"'S>RL CTIO" COSSTRUCTION .\W'ACEMENT EDITION . JUNE 1980 EDITION . AlAe. @ 1980 . THE AMERICAN "STlTL -E Of ^RCHITECTS. 17)S NEW YORK AVE.. N W.. WASHI...CTO'. D.C. ~lXXl(, A201/CM - 1980 12 WARNING: Unlicensed photocopying violates US. copy"g~t laws and is sublect 10 legal p'O~culion. 04/02/93 00750 - 12 GENERAL CONDITIONS nOlliy lhe Contr~ctor who ~hall defend such proceedings ~t the Owner's e:>.pense. and If ~ny judgment or award aRalnst the O\\ner ames therefrom. the Contractor shall pav or ~.III~lv It .lnd ,hall reImburse the Owner for all allorneys' jees and court or arb,trallon costs which the Owner has incurred. 6.3 OWNER'S RIGHT TO ClEAN UP 6.3.1 If a dispute arises between the Contractor and separate contractors as to their responsibility for cleaning up as reqUired bv Paragraph 4.15. lhe Owner may clean up and charge the cost thereoi to the contractors respon- SIble thereior as the ConSlructlon .\\ana~er shall deter- mine to be lUSt. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 GOVERNING lAW 7.1.1 The Contract shall be governed by the law of the place where the PrOlect IS located. 7.2 SUCCESSORS A!,;D ASSIGNS 7.2.1 The Owner al"d the Contractor. re~pectl\ely, bind themsel\es. :helT pJrt"ers. ,uccessors, assig!1s and leg.: representatives to the othe' >,J". hueto and to the part- ners, succe~~ors. .1"',:n, and :egal representatives of such other partv With respect to .111 covenants, agreements and obligation-. contained rn the Contract Documents. Neither part~ tu the Contract ,hall ass,gn the Contract or sublet It as a whole \v,thout the written consent of the other. 7.3 WRITTEN NOTICE 7.3_1 \oVritten notice shall be deemed to have been duly served if del'l{,-I'd :tv p{'r~\l.- [u :+e Ino.i\'.idua! 0' mem- ber oi the firm or entltv 01 :0 an onicer of the corpora- lion ior whom It \\as Intended. or ,i celi',ered at or sent bv registered or certllled marl to the last bUSiness address known to the partv giving the notice. 7.4 ClAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or propertv because oi any act or omis- sion of the other p~r~\' or oi any of Ihe other party's employees. agents or Gt~e~s ior whose acts such party is legally liable, claim <hall be made in writing to such other partv \vlthrn a reJsonable time after the firq observ- ance oi such rnJurv or dama~e. 7.5 PERFOR.\t.\"iCE BOND A1>OO lABOR ""D MATERIAL PAYMENT BO'D 7.5.1 The O,'.:-reT sha':! h;l>~ .'he rrght to requITe the Contractor to iurnlsh bo,;::!s a..:. '_'r ng the ialthful periorm- ance oi the Contract .;m' the::; '.I~nt of all obligations JriSlng thereunder i _'-i~. :.c w:_--ec' In the Bidding Doc- uments or tfv.> Cc -:' '.V:' :,){)C;""''?''~'''. 7.6 RIGHTS ""D RHlfOlfS 7.6_1 The duties and obligallons imposed bv the Con- trao vt'cu':'Iwnts and the rrght< and remedies dVddable ~f-.prcunder shall be In addition to. and not J limitatlOll 1)1. anv duties. obligatIons. rights and rerro.e-die< otherwise im- posed or available b\ law. 7.6.2 No achon or iailure 10 act by the Owner. thl! Ar- ch,tect. Ihe Conslructlon M.1na!:cr or Ihe Contractor shall constitute a waiver of any right or duty anor~ any of them under the Contract, nor Sh.lll any such ~ction or IJdure 10 .leI constltule an JpprO\al of or acqUle"cl!nce in any breach thereunder, excepl as may be specifically agreed in wrihng. 7.7 TESTS i.7.1 If the Conlract Documenls, laws, ordinances, rules. regulations or orders of any public authorrtv having juris- diction require any porlion of the Work to be Inspecled, tested or approved, the Contractor shall gl\ c the "rchileCI and lhe Construclion Manager Ilmelv notIce 01 lIs readi- ne>s so the Architect and the Con"tructlt.>n \'anager may 0bseT\e such Inspection. testing or approvJI. The Con- tractor shall bear .111 costs ot such Inspections. tests or dpprovals conducted b\ public authoTltles. Ln.ess other- wise provided, the Owner shall bear .111 costs oi other in- spections, tests or approvals. 7.7.2 If Ihe Architect or the Construction ,\1ana~er deler- mines thaI any Work requires special Inspectlo;:', tesling or approval which Subparagraph i.i.1 does not include, the Construction ,\1anager will. upon \\Tltten Juthoriza- l.on from the O\\ner. Instruct the ContraclO' to order .~ch speclJI inspection. testing or appro\JI. Jnc the Con- ""clor shall gl\e notice as prO\ Ided In SubJrJgraph i.:-.1. It such speCial Inspection or testing re\eal, a ,ailure of the Work to compl\' With the requlTements or the Con- tract Documents, the ContrJtlur ,hall beJr .111 costs thereof, including compensation for the Architect's Jnd the Construction ,\IJnager's .ldd,tional services mJde nec- essary by such failure; othervv be the O\V ner ,hall bear ,uch costs, and an approprrJte Chan~e Order shall be "sued. :-.7.3 RequHed certificates of In,pl'CllOn, testing or ap- proval shall be secured by the ContrJctor and the Con- tractor shall promptl, deliver them to the Co~,tr~ction ,\.\anager for transmittal to the Architect. 7.7.4 If the Architect or Ihe Construction Manager wishes to observe the inspections. tests or approvals reqUITed by the Contract Documents, they Will do so promptly and, where practicable, .11 Ihe source oi supplv. 7.8 INTEREST 7.8.1 Pa\ments due ,1nd unpaid under the Con:rac! Doc- uments shall bear Interest Irom the date pJ\ ment .s due Jt such rJte as the parties mJ\ agree upon In \\fltlng or. .n :he Jbsence th{'reof. Jt the le~al r,ite pre\.l"~C at the ::.1ce (ii the Project. . :-.9 ARBITRATION i.9.1 All claims, disputes and other matter> In question bet\\een the Contractor and the 0\\ ner amin!: out of or 'elJtlng to the Conlract Documents or the breJ~~ :hereoi. evcept as provided In SubpJragraph ~.3.14 \V It:1 re,pect to the Architect's deciSions on matters relating :0 artistic en{'c!. and except for c1alm< \\ hich hJve been \\JI\ed bv the making or acceptance of f,n.ll pavment .1S prOVIded b, SubpJrJgraphs 9.94 throu"h yqc,. IncIUSI\{' ,hJII be lJoec.ded bv arbitration in accord.1nce With the Construc- tion Industry Arb,(td,iof'. Rules oi tbe American Mbitra- II"Jn Associaflon then obtaining unle<s the parlies mutuallv 13 A201!CM - 1980 4.IA DOCL.'ME~l 4201CM' CP..E.R"l CO'Ol1ro.....~ OF THE CO'TR-\C: rcH~ (n"-i(~C' {.,,.,, CO"STRl'CTIOS .V1"""'CEV1EST EDITIOS . JL'E 1980 EDITIO'oi . ...,....f: . (!:~!l8O . THE -\\1[~!C.V, :'~iiTl T[ OF .t.RCHtHCTS. 1:-;-; '(\\ "'Ol\~ .\\ E ,,\\ \\\"i-41'LT(), :'I C 2f'('l1...., 04/02/93 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to lega' prosecution. 00750 - 13 GENERAL CONDITIONS .gree otherwise. No .rb,tr.lIon .ris'"g out of or ,el.ting to the Contr.ct Documents sh.tll include, by consolicU- tion, joinder or in .ny other m.nner, the Architect. the Construction M.1n.ger, their employees or consultants except by \\litten consent cont.1'"'"g .1 specific reference to the Owner-Contractor ."greement and signed by the Architect, the Construction- \.1an.1ger, the Owner. the Contractor and any olher per~on sought to be joined. So arbitration shall include b\ consolidation, joinder or in any other manner. partie~ other than the Owner, the Contractor and an~' other persons substantially inyol\ed In a common question oi tact or law, whose presence is required if complete rellei- to he accorded in the arbi- tr.lllon So p(>r~()n o::-c., ;c. - :hl' Owner or the Con!..::c- tor shall be included a, dn Jrlglnal third party or adcl- t.onal third party 10 an arb,:'allon .....hose Interest or :e- -ponSlbdlty IS IOsub'lantlal ..l,ny consent to arbitral on Imolvlng an additional p"r"cn or persons shall not ccn- 'tllute c;1O,ent to ."nl:rat:o~ .,f anv dispute not described there," or w Ilh any per,cn not named or described therein. The ioregolng a&reement to arbitrate and any other agreement to arbitrate With an additional person or persons duly consented to :.::y the parties to the 0\\ ner- Contractor ..l,greement <hall be speciiically enforceable under the preyailing arbitral on law. The award rendered by the arbitrators -h..!! he ~'~.::I and judgment may be en- lered upon It in .Kcordance with applicable law in .1m court ha\!nl: ruri-dict,nn Ire-eoi 7.9.2 ~otlce oi the demrc :or arbitration ,hall be I::ed in writing \\ Ith the other fla-!y to the Owner-Contractor A\:reeml'nt and \\ Iln Ire >'~erlCan Arbitration A,-ocla. tion. and a copy ,hail be II'ed wllh the Architect and -he Construction Manager. The demand for arbitration <~JII be made \\llhin the lime limits ,peciiied in Subparagraph 2.3.15 where applicable. arc In all other cases within .1 reasonable time .liter the c .::m. dispute or other matler in que,tion has arl<"n and n no event shall It be made after the date when Instltuton of legal or equitable pro- ceedings ba-ed on <uch cia''''. dispule or other matte' '" queqion \\ auld be barred :\ the applic.1ble statute or limitations. 7.9.3 Unless othem ise agreed in writing. the Contractor shall carry on the \\ ark anc maintain its progress during dny arbitration proceeding, and the Owner shall con- tinue to make paY"menls 10 :ne Contractor in accordance with the Contract Don,men:- ARTiClE 8 T1.\U 8.1 DEFI'ITIONS 8_1.1 Unle', 011,1."'.\:,1.' p'c .'ded. the Contr2C! T,~e :- the period aT time allotted T the Contract Documents 'or Sub>lantlal Comple~',,,' 01 :~e \\"ork as defined In 5(;b. paragraph 81.3. includln~ a(;:~orized adJustments thereto. 8.1.2 The date 01 COr'lme-:ement of the \\'Y:" ,s ,ce date established In J "lot lee ') proceed. Ii there " no "c. ticI.' to proceed. It 'hall bl? -uch other date as ma\. be eqJbilshed In the O\\ner.Cc~tr.lctor Agreement or e'e. where in the Contract Docu-nent< 8.1.3 The Date oi SUnq.lr.: JI Completion 01 the \\c":.. or deSignated portion there.' IS the Date certllled b\ I!'-e Architect \\ hen constructlor- IS suiilClentlv complete ,n accordance with the Contr.ct Documt"nts, so t~t the Owner or separate contr.1cto~s Cdn OCCUj>\ or utilize the Work or . designated porllon thereof !'br the use for which it is intended. 8.1.4 The D.te of Substantial ComplNlon oi the Project or deSignated portion the,eof IS the Dale Cerlllled by the Architect when construction IS 5uri.oentiy complete so the Owner can occupy or ullllle the PrOlect 0' design.ted porllon lhereoi ior the use ior which II \\as Intended. 8.1,5 The term day as used in the Contract Documents ,hall mean calendar day un Ie,s speclilcallv desi!:nated otherwise. 8...! PROGRESS AND CO.\\PlETIO" 8.2.1 All time limits stated In the Cont,act Documents .He ot the t'ssence oi the Contrac!. 8.2.2 The Contractor ,h.ll1 be"In the \\(\r~ on the date oi commencement a, dellned In Subp.lr.1~raflh 312. The Contraclor shall carry the Work iomMd t'''ped,"oush wllh .1dequate forces and shall achieve Sun<tant.al Com- plellon of the Work within Ihe Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 It the Contractor is delaved at am' time in the progress oi the \\'ork bv any act or neglect oi the 0\\ ner, the Archllect. the ConqructlOn \\an.l~C'r .,"\ oi thell em- ployees, dnv separate contractor empleJ\ eo b\ the 0\\ ner, or bv ch.mges ordered In the \\ark. !.lbor d,-putes. iire. unu,ual dela\ In tran,portatlon ..d\er-e '.\eather condi- lions nol reJ-on.1blv .mtlClp.ltable un.l\ o:d.lble casual tie'. .lnv cau,es beyond the Contr.lcte}r, contra, dela\ .lUthor- ized by the Owne, pending arbitration. or bv an\" other cause \\h'ch the ConstructIOn \\anager determines Olav Justiiy the delav. then the Conlr.lct Time ,hall be ex- tended bY" Ch.lnge Order ior 'ulh red'nnJble lime as the Con,lructlon ,\\.lnager may determlOe. 8.3.2 Any claim ior extension 01 llm(' -~.1!1 be mJde in \\ IIllng 10 Ihe Comlruction ,\\.1n.lg('r ~ol more than 1\\ ent\ davs aller the commenu'menl llT :h:' dela\: other- \\lse it shall be waived. In the la,e Of .1 contlOuing dela\ only one claim is necessary. The Contractor shall provide an estimate of the probable eiiect oi 'ucn delay on the progress oi the Work. 8.3.3 Ii no agreement IS made stating the dales upon \\ h,ch interpretations as pro\ ided in ~ubpara~raph 2.3.11 ,hall be furnished. then no claim ior delay <hall be .1110\\ed on account oi iailure In iurn,-h ouch interpreta- tions untt! fiiteen day, aiter \\ "::en rl'que-! i, made ior them. .lnd not then unle" ..uch rJ,llm I' 'c.'-nnable. 8.3A Th,- P.Hagr.1flh 83 d,,('- "'''1 (''-Cit,,;., :h(' 'eco\('(\ '" cl.ln'.lQe' 'or dela\ b\ e,;'1(" !1.Ht\ ur.,:- - n:fcer ::lro\:- "on, 01 :hp Contract Document- ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum" 'tolled 10 Ihe Owner-Conlrac- tor Agreement and. includlOg .llJthorlzed adluSlment~ Iher('lo. I~ the total amount p.1\ ahle 11\ the 0\\ ner to the Contractor ior the periormdnce oi the \\ork under the Contract Document'. "I... OOCUME~T A201,(M . C[ 'E;: ~. (0'DI110'S OF THf CO' 'T ~ -\;:::9 ~;CI\ C~'~i p\L CT~O' COSSTRuCTIOS \\^S^Gl"EST E::.- os . Jl,;M 19&:1 ECiO'OS . ":, . -:,1980 . ..HE A\HRIC~' ,,~'fITL'lE OF '\'~CHr~:.c-' 1:-3; 'E\\ YOf':t.: ~\[ .... '., '.'. \"}-i.....C10'. D.C. J)())I, A201/nt - 1980 14 ",ARNH,~; U'i\tlcensed photOCOPYing ...to:a:es u.s. copyright la'NS and is subject to legal prosecution. 04/02/93 00750 14 GENERAL CONDITIONS 9.2 SCHEOL'lE Of VALUES 9.2.1 Before tj.,e iirst Application for Polyment, the Con. tractor sh.,1I ;~bmit to the Construction Manager a ~chedule oi \a:;..es olllocated to the various portions oi the Work. preparec ,n such form and supported by such data 10 subst,lntiolte :ts accuracy as the Architect and the Con- <tructlon .\\.'n~;:er mol\' requi,e. This schedule. unle~s obJecled to b\ :"'1' Con<lructlOn ....1anager or the Architect. ,hall he used C~:\' a< a baSIS ior the Contractor's Applica- lions ior Paymerll. 9.3 APPlICATlO~S FOR PAYMENT 9,3.1 AI Ie.;,: :::leer d.1\; betore the date ior eJC'1 progre'> pa\ Tf..,: e':::;:I'~ed In 1he O\\ner-Conlractcr ....:reement. the Contr.icor ,hall ,ubm:t to the Comtruc- tlon .\\.,nager ':'" ;Ieml.:ed -\ppllcatlon ior Pa\'ment. notar- Ized It require.:: ,upported by such data substantiating the Contractor, right to paymenl as the Owner, the Ar- chitect or the Construction .\\anager may require, and reo ilectln~ retalna~e. ii anv. as pro\'ided elsewhere in the Conlract Docu~ent- The Con<truction "'Ianager \\ill a;- ,emble the A;';:Jilcallon \\ IIh "mllar applications irom other conlracto-; on the Prolect into a combined Project -\ppllcalllln ie- aa\ ment and forward It \\.,th recommen- dation< 10 Ihe ""ch,:ec: \\lth,n 'even doll'>. 9.3.2 Cnless c:'1ef\\J,e pral ided In the Contract Docu- ments. p,lImer.:S \\111 be made on account oi material; or equipment nOI ,ncorporated In the Work but delivered .lnd 'ult.1ol\ <le-ed at the 'lie and. it approved in advance bv the O\\ner. palments m,l\' slmlldrl, be mdde ior mate- rial< or equlprrent sUltabl\ >tared .It some other loca- tion ,1greed upon In "riling. Pdvments for materials or equipment stored on or oN the site shall be conditioned upon ,ubmis<ic~ b\ the Contractor oi bills oi sale or <uch other procedure' 'atl,iJctorv to the 0\\ ner to e>tab- Ilsh the Owner; title to such materldls or equipment or otherWISe prOlect the 0\\ ner's interest. Including applica- ble Insurance 2,d transportallon to the site ior those mdterials and ec;uipment stored ON the site. 9_3.3 The Contractor warrants that title to .111 Work. materials and equipment covered by an Application for Payment will pass 10 the Owner either by incorporation In the construc:,on or upon receipt of payment bv the Contractor. \\hiche\er occur~ iirst. i,ee and clear of all liens. claims. securitv Interests or encumbrances. herein- .liter rl'ierred 10 In thiS "'rtlcle 9 as "I,ens". and that no \\ orl... materia:. or equipment covered b\ an Application ior Pa\ment \\:' hale been acqUired bv the Contractor or b\ am othe- pe"on periormln~ \\'orl.. at the site or iurnishing mate"als and equipment ior the Proiect. sub- lect 10 an .1gret---"ent under \\ hlch an Interest therein or an encumbrance thereon IS retained b\ the seller or olh- er\' ise imposed b\ the Contractor or such olher person 9.4 CERTIfiCATES FOR PAYMENT 9.4.1 The Arc~:tect will. Within seven days .liter the re- ceipt oi the Pro ect Application for Pal ment \\ ith the rec- ommendations oi the Construction Manager. review the Project Applicaton ior Pa\ment and either issue a Project Cerliiicate ior P.;\menl to the Owner wilh a copy to the Construction .\Iandger for distribution to the Contractor ior such amount; as the Architect determines are prop- er/I' due. or not'.. the Construction Manager in writing of the reasons for withholding ~ Certiiicate as provided in Subparagraph 9.6.1. Such noli{ication Will be forw~rded to the Contractor by the Construction Manager. 9.4.2 The Issuance oi a Protect Certdicate ior Payment will constitute a representatIOn by the Architect 10 the Owner Ihal. based on the Architect's observations at the site as provided in Subpar~graph 2.3.4 and the data com. prlsing the PrOJect Applicahon ior Pa\'ment. the Work has progressed to the point indicated; that. to the best of the Architect's knowledge, iniormatlon dnd beliei, the quality of the Work IS in accordance \\ Ith the Contract Docu- l11en" 'ub,ect 1<' .m e\J;U.11('," <\i Ihe \\ ,,,~ I,)f coniorm- Jnce \\:th the Contract Documen" upon Substantial Completion ot the \\ orl.. 10 :h' re,ulrs oi 2m ,ub,equent :e,ls reqUired bl or pencrrrecJ under the Contract Docu- ments. to minor de\lJtlOn; :'um the Cont-act Documents correctable prior to completion. Jnd to am 'pecdic quali- ilcatlons stated In the Certliicate); and that the Contrac- tor IS entitled to payment In the amount certiiied. How- ever. bv issuing a Project Certiiicate for Pal ment, the Ar- chitect shall not thereby be deemed to repre,ent that the -\rch,tect has made e\haustl\e or conllnuous on-site in- <pectlOns to check the qualll\' or quantll\ oi the Work, has re\ ie\\ed the conotruC:on means. methods. tech- niques. 'equences or procecures. or ha, made anI' exam- ination to ascertain ho\\ or lOr ..\ h,lI purp'''C' the Contrac- lor has used the monies pre\ 10u>l\ paid on account oi the Contract Sum. 9.5 PROGRESS PA YMEr-. TS 9.5.1 Ailer the Architect h.1s Issued a Project Certiiicate ior Pay menl, the Owner ;ha:/ make pa\ment in the man- ner and within the time prDl Ided in the Contract Docu- ments. 9.5_2 The Contrdctor 'h:: prOmrll\ pa\ each Subcon- tractor upon recelpl 01 pa\ ment tram the Owner, out of the amount paid to :he Contr,lctor on account oi such Subcontractor's Work. the amounl to \\ h,ch said Subcon- tractor is entitled, reilectlng the percentage actually re- tained, if any. from pal ment< to the Contractor on ac- count of such Subcontractor's Work. The Contractor shall, by an appropriate agreemE'nt With edch Subcontractor, require each Subcontractor to make pa\ments to their Sub-subcontractors in similar manner. 9.5.3 The Architect mal. on reque,t and al the Archi- lect', discretion. iurnlsh to ani Subcontraclor. ii prac- ticable. information regardlrlg the percer!.lr,es oi com- pletion or the amounts applied lOr b\ Ihe Contractor and the dcllon taken thereon b\ the Architect on account of \\'orl.. done bv such Subcon:ractor. 9.5.4 ~elther the 0\\ nero tre ....rchitect nor the Construc- Ilon\lanager shall ha\ e ani obligation to pa\ or to see to the pa\ment oi anI' monle; :0 "n\ Subcontr.1Ctor except as mal othef\\lse be requ:rec b\ :.1\\ 9_5.5 :\0 certiiication oi a progre<s pa\ men!. am' prog- ress pa\menl. or am partldl or entire use or occupancy oi the Project by the 0\\ nero ,hall constitute an accept- ance oi any Work not m accordance \\ ilh the Contract Documents. 9.6 PAYMENTS WITHHelD 9_6_1 The Architect. iollo\\ ing consultation with the Construction Manager. mal' decline to certiiv payment 15 A201/CM -1980 AlA DOCUME'>T A201lCM' C["ERAL CO"OITlO'S OF ;-, lO'TR~CT rOR CO'STRL'CTIO, CO"STRLCTIO" .\IA"^CEMEST EDITIOS . lLSE 1S&C !DITiOS . ^'^~ . 1) 1980 . THE \\HRIC~" "STIRH OF~RCHIT[CT\ 1-)\ 'E\\' YOR~ '. E "\\ \\\'''''"Tn, D C ~()()(1(, 04/02/93 WARNING: Unlicensed photocopying violates U.S. copyrighllaws and is subjecllo legal prosecution. 00750 - 15 GENERAL CONDITIONS ~nd m~y withhold the Certliic~te in whole or In part to the extent neces~ry to reuon~bly prolect the O\\ner. Ii. In the Architect's opinion, the Architect is un~ble to make representations to the Owner as provided in Subpara- graph 9..1.2. If lhe Architect IS unable to make representa- tions to the O\\ner as prO\lded in Subparagraph 9.4.2, and to cerllfy payment In lhe amount of the ProJect Ap- pllcallon, the Architect "III nOlify the Construcllon ~Ian- ager as prOVided ,n Subparagraph 9.4.1. Ii the Conlractor and the Architect cannot a~ree on a revIsed amount. the Architect will promptly issu'e a Project Certiilcate ior Pav- ment for the amount ior which the Architect is able to make ~uch repre<ent.llton< to the O,\ne1. The Architect m.lY also decline to certli, payment or. because oi subse- quentlv disco\ e,ed e\ ldence or ,ub<equent ob-en atloO'- !he Architect ma\ nullli, the" hail' or .lm part ot .1m ProJect Certificate for Pa\ ment prevlouslv Issued to 'uch e,tenl as ma\ be neces~arv In the ~rchllect'" opinion. to protect the Ow ner irom 10>$ because of. .1 defecti\ e Work not remedied; .2 third parh claims illed or reasonable evidence in- dicating probable illing oi such claims; ,3 failure 01 the Contractor to m.lke payments prop- erly to Subcontractors, or for labor, materials or equipment. .4 reasonable e\ldence that the Work C.lnnot be com- pleted ior lhe unpaid b.llance of the Contract Sum; _5 dama~e!o the Owner or another contractor' .6 reaso~Jbl(' eVIdence that the \Vork \\ III not be completed within the Contract Time; or .7 persistent iallure to C.lrrv out the \\'ork in accord- ance With the Contract Documents. 9.6.2 When the ground< tn Subparagraph 961 above are removed pJ\ ment shai! be made ior amount< with- held because at :hem. 9.7 fAIll.!RE Of PAYMENT 9.7.1 If the Construction ,\\anager should fall 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 does not pav the Contractor Within ,even days after the date establrshed in the Contract Doc- uments any amount certified b, the ....rchltect or awarded by arbitration. then the Contractor may, upon seven addi- tional davs' wntten notice to the Owner. the Architect and the Construction .\\anager. stop the Work until pav- ment of the amount OWlOg has been received. The Con- tract Sum shall be increas~d bv the amount oi the Con- tractor's reasonable costs of shut-down, delav and start- up, which shall be efjected bv appropriate Change Order 10 accordance ""th Para~raph 12.3 9.8 SUBST MmAL COMPLETION 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which is acceptable to the Owner, is substantiallv complete as defined in Subpara- graph 8.1.3, the Contractor shall prepare for the Construc- tion Manager a list oi items to be completed or cor- rected. The failure to Include any items on such list does not alter the responsibility oi the Contractor to complete ~II Work an accordance \\"llh the Contr~ct Documents. When the Architect, on the boilsts oj Inspection and con- sult<ltion With the Construction ."tanager. determines th~t the Work or designated po,\Ion thereot 15 subslantially complete, the Architect will then prepare a Certificate o( SubstantIal Completion of the Work \\ hlch shall establish lhe Date oi Substantial Completion oj the Work, shall state the responSibilities o( the Owner and the Contractor ior security. maintenance. heat. utilities. damage to the Work and Insurance, and shJII jix the time within which the Contractor shall complete the Items listed therein. The Certriicate oi Subqantial Compleloon of the Work <hall be submitted to the 0\\ ner .1Od the Contractor ior :he" \\ritten ,lCcept.1nce of the re'pOn<ibtlltles assigned to them in ,uch Certificate 9.8.2 L;pon Substantial Completion or tr-e \\ork or deSig- nated portion thereoi. and upon application by the Con- tractor and certriication by the Architect. the Owner shall make payment. reflecting ad,ustment in retainage, Ii an\', for such Work or portion thereoi as prOVIded in the Con- tract Documents. 9.8.3 When the Architect. on the ba<i< 01 inSpections, determines that the Project or designated portion thereoi IS substantia II, complete, the Architect "tll then prepare a Certliicate oi Substantial Cllmpletlon 01 the Prolect \\ hlch shall establish the Date oi Substantial Completion or the Project and iix the time within \\ h:ch the Contrac- lor <hall complete any uncompleted Item< on the Certif- ,cal(' of Substantial Completion of th,' \\ t1r~ 9.8.4 Warranties required b\' the Contract Documents <hall commence on the Date of Substantial Completion of the Project or designated portion thereoi unless other- wise provided in the Certiiicate oi Substantial Comple- tion of the Work or designat('d portion thereof. 9.9 fiNAL COMPLETION AND fiNAL PAYMENT 9.9.1 Following the Architect"s Is<uance oi the Certllicate oi Substantial Completion oi the Work or deSignated por- tion thereot. and the Contractor's completion oi the Work, the Contractor shall iorward to the Construction Manager a \\'rillen notice that the Work is ready (or final Inspection and acceptance, and shall also ior....ard to the Construction Manager a final Application for Payment. L.:pon receipt, the Construction Manager will make the necessarY evaluations and iorward recommendations to the Architect who will prompt Iv make such inspection. When the Architect ilnds the Work acceptable under the Contract Documents and the Contract iullv per- formed, the~rchltect will i<sue a ProJect Certificate for Payment which will approve the ilOal pa\ ment due the Contractor. This approval will constitute a representation that, to the best of the Architec!"s know ledge, informa- tion and belief. and on the baSIS of obsen ations and in- ,pection-, the Work has been completed in accordance \\'Ith the Terms and Conditions of the Contract Docu- ments and that the entire balance found to be due the Contractor, and nOled in said Certiiicate. is due and pay- able. The Architec!"s approval of said Project Certificate for Payment will constitute a iurther representation that the conditions precedent to the Contractor's being en- titled to final payment as set forth in Subparagraph 99.2 have been fulfilled. AlA DOCUMENT A'01lCM . GP..ER~l CO"'DITIO"'S OF THE CO...TRACT FOR CO,,"STRUCTIO-. CONSTRUCTION MA,,"AGEMENT EDITION . JU,,"E 1980 EDITION . AlA. . @ 1980 . THE AMERICAN I~STITL:TE Of ARCHllECTS. 1735 ,,"Eli\' YOR~ AVE. "W . WASHI"GTON. o.c. ,lJQOl, A201/CM -1980 16 WARNING: Unlicensed photocopying VIolates U.S. copyright laws and IS subieclto legal prosecution. 04/02/93 00750 - 16 GENERAL CONDITIONS 9.9.2 Neither the 110011 polyment nor the ~molinins reUin- olge sh.lI become due untillhe Contr.ctor submits to the Archilect, Ihrough Ihe Construction Molno1ger, (1) .n .ffi- davil Ih.t .11 payrolls. bills for maleri.ls .nd equipment, and other indebtedness connected with Ihe Work for which the Owner or the Owner's property mighl in .ny way be responsIble. have been paid or otherwise satis- fied, (2) consent 01 surety. if any, to final payment. and 1.3) if required bv the Owner, other data establishing pay- ment or satisfaction of all such obligations, such as re- ceipts. releases and waivers of liens arising out of the Contract. to the extent and in such form as may be desig- nated by' the 0\\ ner. If any Subcontractor refuses to fur- nish a release or waiver required bv the Owner. the Con- tractor mal' furnish .1 bond satisfactory 10 the 01\ ner to Indemn,;v the 0\\ ner .1"alO<I aO\ such Iren. If an, such hen remains unsatISfied 'after all paV'ments are made. the Contractor shall ,eiund \0 the 0\\ ner all monies that the latter mav be compelled to pal' in discharging such lien. Including all costs and reasonable attornevs' fees. 9.9.3 If, aiter SubstantIal Completion of the Work. final completion thereoi is materially delaled through no fault ot the Contractor or by the Issuance of Change Orders affecting flOal completion, and the Construction .\\anager so confirms. the O\\ner shall, upon application by the Contractor and certi!lcatlon bv the ....rchltect and I\lthout terminating the Contract. make paV'ment at the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fullv completed or corrected is less than the retainage stipu- lated in the Contract Documents. and il bonds have been furnished as prOVided in Paragraph :-.5, the written con- sent of the surety to the payment of the balance due for that portIon of the Work fullv completed and accepted shall be submitted bl the Contractor to the Construction .\~anager prior to certlllcatlOn of such payment. Such pal- ment shall be made under the Terms and Conditions gov- erning final pavments. except that It shall nOI con<t:lute a waiver of claims. 9.9.4 The making of final paY'ment shall. after the Date of Substantial Completion of the Project. constitute a waiver of all claims bv the Owner except those arising from: .1 .2 unsettled liens. faulty or defective Work appearing after Substan- tial Completion of the Work. .3 failure of the Work to complY' with the require- ments of the Contract Documents: or .4 terms of anI special warrantIes required bv the Contract Documents. '9.9.5 The acceptance of flOal payment shall. after the Date of Substanllal Completion of the PrOJect. constitute a wai,er of all claims by the Contractor except those preV'lousll made 10 '.\ fltlng and Idenllfled by the Contrac- tor as unsettled at the time of the i,nal Application ior Payment. 9.9.6 All provisions oi this Agreement. including with- out limItation those establishing obligations and proce- dures. shall remain tn full force and effect notwithstand- ing the making or acceptance 01 final pavment prior to the Date oi Substanlial Completion oi the Project. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFm PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responSIble for initiolting, maintaining and supervising .11 saiety precautions .nd programs in connection with the Work. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall lake all reasonable preau- tions for the safety of. and sh.lll proY'ide all reason.1ble protection to prevent damage. injury or loss to: .1 all employees on the Work and all olher persons who may be anected therebY': .2 all the Work and all :naterla's and equipment to be Incorporated therein. \\ hether In storage on or on the site. under the care. custod~ or control oi the Contractor or any 01 the Contractors Subcon- tractors or Sub-subcontractors; .3 other property at the site or adjacent thereto, in- cluding trees, shrubs. lawns, walks. pavements, roadways. structures and utilities not designated for removal, relocation or replacement in the course of const,uction' and .4 the work of the 0\\ ner or other separate contrac- tors. 10.2.2 The Contractor shall gl\ e all nollces and comply With all applicable laws. ordinances. rules, regulations and lawful orders of am pubilc authOrity bearing on the safety at persons or propertl or their protecllon irom 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 ior safety and protection, mcluding posllng danger SIgn; and other warnings against hazards, promulgating saiety regulations and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage oi 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 qualllled personnel. 10.2.5 The Contractor shall promptly ,emedy all damage or loss (other than damage or loss Insured under Para- graph 11.3) to any propertv reierred to in Clauses 101.1.2 and 10.2.1.3 caused in whole or In part by the Contrac- tor. any Subcontractor. any Sub.,ubcontractor. anvone di- rectly or Indirectly employed bl am of them. or 'by any- one for "hose acts any of them maY' be liable. and for whIch the Contractor is respon"ble under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to the acts or omissions of the 0" ne, the Architect. the Con- struction Manager 0' anyone dllectlv or indirectly em. ploved bl any oi them. or bl .1m'one for "hose acts any of them may be liable. and not Jllrlbutable to the iault or negligence of the Contractor. The foregoing obliga- tions of the Contractor are in additiOn to the Contractor's obligations under Paragraph 4.18 10.2.6 The Contractor shall designate a responsible member of the Contractor's organizallon at the site whose duty shall be the prelention oi accidents. This person shall be the Contractors superintendent unless 17 A201/CM -1980 AlA DOCUMENT A21l1ICM . GE"'ERAl CO,,"OITIOM OF lHE CO"'TR~CT FOR CO,,"STRLC'IO'< cO!';Snl'OION MANAGEMENT EDITION . JUNE 1980 EDI110N . AlA- . <t 1980 . THE ""ERiC...... ,"'SlITUTE or ARCHITECTS. "J; "'EW YOR~ A\, ... \\ \\ AIHIV;TO" D C ~ WARNING: Unlicense<l photocopying vioYiltes U.S. COpyright laws end Is subi""'lo lege' proseeulion. 04/02/93 00750 - 17 GENERAL CONDITIONS otherwise designaled by the Conlractor In writing to the Owner .and the Construction ~unager. 10.2.1 The Contracto, sh.all not load or permit .any part of the Work to be loaded so as 10 endanger lis s.lfety. 10.3 EMERGENCIES 10.3.1 In any emergency aNecling the safety of persons or property the Contractor ~hall act, at the Contractor's discretion. to prevent th,ealened damage. injury or loss. Any additional compensation or extension of time claimed by the Contractor on account oi emergency work shall be determined as provided in Article 12 for Changes in the Work. ARTICLE 11 INSURANCE 11.1 CONTRAClOR'S LIABIlITY INSURANCE 11.1.1 The Contractor shall purchase and maintain insur- ance for protection from the claims set forth below which may arise out oi or result irom the Contractor's opera- tions under the Contract, whether such operations be"by lhe Contractor or by anv Subcontractor. or by anyone dl- rectlv or IndireClly employed b\ any oi them. or by anv- one for \\hose acts am oj them may be liable. .1 claims under \\orkers or workmen's compensa- !Jon. disabditv bene"t and other simdar employee beneiit acts. .2 claims jor damages because oj bodd\ Injury. occu- pational sickness or disease. or death oi the Con- tractor's employees; .3 claims for damages because of bodily injury. sick- ness or disease. or death oi anv person other than the Contractor's emplovees. .4 claims for damages insured by usual personal in- JUry liabdity coverage which are sustained (11 by any person as a result oi an offense di rectly or Indirectly related to the employment oi such per- son by the Contractor. or 12) by any other person; .5 claims for damages, other than to the Work itself. because of injury to or destruction of tangible property. including 1055 of use resulting therefrom; and .6 claims fa, damages because of bodil\ injurv or death of any person or property damage arising out of the ow nership. maintenance or use oi am motor \ ehl(le. 11.1.2 The Insurance reqUired by SubpJrag'aph 11.1.1 shall be written ior not less than any limits oi liabdity specliled in the Contract Doc~ments or requ.red by law. whichever is greater. 11.1.3 The insurance requ"ed by Subparagraph 11.1.1 shall include contractual Ilab"IIY insurJnce applicable to the Contractor'S obligations under PJragraph .U 8. 11.1.4 Certificates of Insurance acceptable to the Owner shall be submitted to the Construction Manager for trans- mlttalto the Owner prior to commencement oi the Work. These Certiiicates shall contain a provision that coverages afforded under the policies will not be canceled until at least thirty days' prior writlen notice has been given to the Owner. 11.2 OWNEIl'S LIABILITY INSURANa 11.2.1 The Owner sh,)1I be responSible ior purchasing and maintaining O\\ner's li.ability insurance and, .1l the 0\\ ner's op!Jon, molY purchase and maintain insurance ior protectIon against claIms which mav arise irom operations under the Contract. 11.3 PROPERTY INSURANCE 11.3.1 Unless olherwise pro\'ided. the 0\\ ner shall pur- chase and maintain property imurance upon the entire Work at the site to the full insurable value thereof. This Insurance shall Include the interests oi the Owner. the Construction Manager. the ClIntrJctor, Sub(ontractors .lnd Sub-subcontractors In the Work. Jnd ,hall insure asalnst lhe pertls oi fire and extl'nded cO\er.lI~(, .lnd shall Inelude "JII rtsk' Insurance ior phYSical lo,;s III damage IOc!ud,n!(, l\lthoUI duplication 01 coverage. Iheit. \an- dallsm and malicious mischiei. Ii the Owner does not Intend 10 purchase such insurance for the full Insurable \ alue of the entire Work, the Owner shall Inform the Contractor in \\.rtting prior to commencement of the Work. The Contractor may then effect insurance which \\ ill protect the interests of the Contractor. the Contrac- tor's Subcontractors and the Sub-subcontractors in the Work. and by approprtate Change OrdE'r the co<l thereoi .hall be chJrged to the Owner. It the Contractor is dam- aged by iailure ot the Owner to purchase or maintain .uch In<urJnce and to ~o notli\' the Contractor. then the 0" ner shall bear all reasonablE' costs properl\' attributa- ble thereto " not covered uOlkr the .111 fisk insur.lnce or otherwise provided in the Contract Document;. tne ContrJctor shall eflect and maintain Similar property in- surance on portions oi the Work stored off the site or in transit when such portions of the \\'ork are to be in- cluded in an Appllc.ltion for P,l\ment under SUbp.H.l- \.!raph 93.2 11.3.2 The Owner shall purcha"e and maintain such boiler Jnd machine,,' insurance .b m.l\ be reqUired b\ the Contract Documents or by law. This Insurance shall include the interests of the Owne,. the Construction Man- ager. the Cont,actor. Subcontractor~ and Sub-subcontrac- tors In Ihe Work. 11.3.3 Any loss insured under SUbpM.lgraph '13.1 i~ to be ddjusted With the Owner and made pa\'able to the 0" ner as trustee for the insureds. a" their interests mol\' appear. subject to the requirements of an~ applicable mortgagee clause and oi Subparagraph ,13.8. The Con- tractor shall pay each Subcontractor .1 lUst "harE' of any ,"s,-,rance man Ie,; receIVed by the Contr.lctor .1nd bv ap- prOpflJte agreement. wfltlen "here lepJly requ"ed for valldltv. ,hall require each Subcontractor to make pa~'- ments to the" Sub-subcontractor- ,n "milJr mJnner. 11.3.4 The Owner shall iile a coPY of all policie~ with the Contractor bejore an exposure to 10'5 ma\ occur. 11.3.5 Ii the Contractor request. In Wflllng that insur- ance ior flsks other than those descflbed In Subpara- graphs ".3.1 and 1 1 .3.2. or other special hazards. be Included ,n the propert\' insurance poliC\. the Owner ,;ha!1. ii pOSSible. Include such insurance. and the cost thereoi shall be charged to the Contractor by appropriate Change Order. AlA DOCUMENT A201/CM . Cl 'ER'l CO'DITIO"S Of TH[ CO"TRACT fOR CO'STRL.CTIO' CO"STRUCTIOS ~^"AC['\\E'-T EDITIO,", . JUNE 1980 [DITIO" . AlAS. <!> 1980 . THE '''ERIC^'' I"STITL.TE or'RCHITECTS 1C); '-[W YORK A\ E "1\ WASH"CTO" (1 C ~()Il(J;, A201/CM - 1980 18 04/02/93 WARNING; Unlicensed photocopying violales U.S. copyright laws .od is subject 10 1eg.1 prosecution. 00750 - 18 GENERAL CONDITIONS 11.].6 The Owner and the Contractor waive all rights .galOst (1) each other and the Subcontractors, Sub-sub- contractors. agents ,lOd employees of each other, and (2) the Architect. the Construction M.lnager and separate con- tractors, ii any, and their subcontractors. sub-subcontrac- tors. agents a~d employees. for d.lmages caused by tire or other perils to the extent cO\'ered by insurance obtained pur~uant to th" Paragraph 11.3 or any other property in- 'urance applicable to the Work. except such lights as they may have to the proceeds of such insurance held by the 0" ner a~ tru>!ee. The foregoing waiver attorded Ihe> Architect. the Con,trucllon \lan.ger. their agent~ and employees shall not extend to the liabilitv impo~ed b\ <'ubparagraph -1 183. The O\\ner 0' the Contractor. as .1ppropll.lte. ,h.l:1 "'ClUire oi the ~'chitect. the Construc- tion \\.In.l,,er. 'epar,lte cuntraclOr" Subconlr,1clors and o;ub,'ubcontr,lctor, b\ ,1pproprl,lle agreements, ,,"tten "here legall\' requlfed lor \Jt'CltV similar wal\ers each In iayor oi .1'1 other pMtles enumerated In this Sub- paragraph 113.6. 11.].7 If required ,n \\ llllOg bv any party in interest. the 0\\ ner as trustee ,hall, upon the oceu rrence oi an In- <ured loss. give bond lor the proper performance of the 0\\ ner's duties. The Owner ,hall depOSit in a separate account am mone\' '0 recel\ed Jnd shall distribute it In ,1ecord"nce \\ Ith 'uch .1greement .1< the partie~ 10 ,nterest mol\' reach, or In ,1ecordance \\ Ith an aWJrd by arbItration '" which case the procedure ,hall be as provided in Para- ~raph -.9 If after such 10" no other special agreement " made, replJcement oi damJl:ed \\'ork ,h,lll be cmered bv an Jpproprrate Change Order 11_3.8 The O\\ner. as tru>!ee. shall have power to adjust and settle any loss With the Insurers unless one of the parties in Inlerest shall oblect ,n Wilting within five davs .liter the occurrence oi los, to the O\\ner'~ exercise of thIS po\\er, and Ii such obJectIon be made. arbitrators shall be chosen a, prO\lded 10 Paragraph :-.9. The Owner as tru>!ee <hall. In that case, make settlement \\Ith the ,"surers In accordance" ith the dlfections of such arbi- trators. If distribution of the insurance proceeds by arbi- tration IS required. the arbilratol\ \\111 drrect such dis- tribution. 11.].9 If the Owner linds it necessary to OCCUPy or use a portion or portions of the \\'or~ prior to Substantial Completion thereof. such occupancy shall not commence pllor to a time mutuall\ a~reed to by the Owner and the Contractor and to \\ hich lhe In<urance compa", or com- panies prmiding the property 'n,urance have consented b\' endorsement to the pol,c\ O' pollcie' This insurance shall not be canceled or lao<ed on account of ~uch partl,11 ~ccupancv. Consent 01 the Contractor and oj the insur- .lnce company or compan.es 10 such occupancy or use shall not be unrea~onablv \\ ilhheld 11.4 lOSS or USE INSURANCE 11.4.1 The Owner, at the O\\nels option. may purchase and maintain insurance for protection against loss of use of the Owner's property due to fire or other hazards. however caused. The Owner \\alves all ,ights of action against the Contractor for 105S oi use of the Owner's p~operty. including comequentral losses due to iire or other hazards ho"ever caused. to the extent covered by insurance under this Paragraph 11.~. ARTICLE 12 CHANGES IN THE WORK 12.1 CHANGE ORDERS 12.1.1 ." Change Order IS a written order to the Con- tractor sl!:ned to show the recommendation oj the Con- struction Manager. the approval of the Architect and the authorization of the Owner. issued .liter execution of the Contract. authorizing a change 10 the Work or .In adjust- ment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only b\ Change Order. A Change Order signed by the Contractor Indicate" the Contr,Kto"s agreement there- \\ Ilh. including the .1dJustment '" Ihe Contract Sum or the ContrJct Time. 12.1.1 The O\\ner. \\Ithout .m'alld.ltlng the Contrac!. ma\ order chJnges In the \\'ork w.lhln the general "ope 01 the Contract conSISting 01 addItIons, deletions or other re\1510n', the Contract Sum and the Contract Time being adJusted accordingly. All such changes in the Work shall be authollzed bv Change Order. ,1nd shall be periormed under the applicable conditions of the Contract Docu- ments. 12.1.3 The cost or credIt to the Owner resultrng irom a change In the Work sh,111 be delermlned in one 'or more 0' the iollo\\ Ing ways: .1 b~ mutual acceptance of a lump sum properly itemized and supported bv suii,clent substantiating cia!.l to pe>rmrt e\ aluatlon: .2 b) unit prices stated 10 Ihe Contract Documents or ,ubsequently agreed upon; .3 bv cost to be determined in a manner agreed upon by the parties and a mutuallv acceptable fixed or percentage fee; or .4 b\ the method prOVided In Subparagraph 12.1.4. 12.1.4 Ii none ot the methods set iorth 10 Clauses 12.1.3.1.12.1.3.2 or 12.1.3.3 IS agreed upon, the Contrac- tor. provided a written order signed bv the Owner is re- ceived. shall promptly proceed with the Work involved. The cost of such Work shall then be determined by the Architec!. after consultation with the Construction Man- ager. on the basis of the reasonable expenditures and sa\ Ings 01 those performing the Work attributable to the change. rncluding. in the case oi an rncrease in the Con- tract Sum. a reasonable allowance for 0\ erhead and prOlll. In such case. and also under Clauses 12.1.3.3 and 121.3.-1 .lbo\e. the Contractor shall keep and present, in such iorm a, the O\\ner. the ArchItect or the Construc- tron ,\I,lnager ma) pre~cllbe. an itemized accounting to- gether With Jppropll.lte supportrng data for inclusion in a Change Order. Unless other\\'i~e pro\ ided in the Con- trJcl Documents. cost shall be limited to the following: co>! oi materials. including sale, tax Jnd cost of delivery; co,t oi labor. Includrng SOCial secullt\. old age and unemplo\ment insurance, and fllnge beneiits required by agreement or custom; workers' or workmen's compensa- lion insurance. bond premiums: rental value of equip- ment and machinery; and the additional costs of super- \ISlon and i,eld offIce personnel drrectl\ attributable to the change. Pending final determination of cost to the Owner. payments on account shall be made on the Ar- chitect's approval of a Project Certificate for Payment. 19 A201/CM -1980 AlA DOCUMENT A201/CM . GE'ERAl COSDITIO"'S Of THE CO"TRACi fOR CO'STRL:CTIO' COSSTRUCTION MANAGEMENT EDITION . JUNE 1980 EDITION . AlAe . @ 1980 . THE ~\I[RICAS I....STITLJTE or ARCH'HCTS 1~J5 ,"'EIV' YORK AVE , '\\' . \\ ~SHI"'GTO' D C ~()()06 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subjKt to legal prosecution. 04/02/93 00750 - 19 GENERAL CONDITIONS The ~mount of credit to be illowed by the Contr.ctor to the Owner for ~ny deletion or ch.nge which results '" . net decre.se in the Contr.ct Sum w,1I be the .mount of the .ctu.' net cost .s confirmed by the Architect .fter consult.tion with the Construction M.ln.ger. When both .dditions .nd credits cove,ing relited Work or substitu- hons ire involved in .ny one chinge. the .lIowance for overhead ind profit shall be figured on the baSIS of lhe net increise. If any. WIth respect to th~t change. 12.1.5 If unit prices are stated in the Contract Docu- ments or subsequently agreed upon, and if the quantities onginally contemplated are so changed in a proposed Change Order that applicatIOn of the agreed unit prices to the quantities of Work proposed WIll cause substantial ineqUIty to the Owner or lhe Contractor. the applicable unll prices shall be eqUitably adjusted. 12.2 CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below lhe surface of the ground or should concealed or unknown conditions in an existing st,ucture be at variancE' with the conditions indicated by the Conlract Documenls. or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an eXisting struc- ture of an unusual nature. dIffering materially irom those ordinarily encountered and generallv recognized as in- herent in work of the character provided for In this Con- tract. be encountered. the Contract Sum shall be equita- bly adlusred bv Change Order upon claim bv eilher party made within twenty days after Ihe iirst observance oi the conditions. 12.3 ClAIMS fOR ADDITIONAL COST 12.3.1 If the Conlractor wishes 10 make a claim for an increase in the Contract Sum. the Contraclor shall give the Architect and Ihe Construction .\Ianager written no- tice thereoi within twenty days after the occurrence oi the event giving rise to such claim. ThiS notice shall be gl\en by the Contractor before proceeding to execute the Work, except in an emergency endangering life or prop- erly 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 determined by the Archilect after consultation with Ihe Construction Manager. Anv change in the Contract Sum resulting from such claim shall be authorized by Change Order. 12.3.2 If the Contractor claims that additional cost is in- volved because oi. but not limited to .1 am \\ nllen In- terpretation pursuant to Subparagraph 2.3.11 121 an) or- der by the Owner to stop the Work pursuant to Para- g,aph 3.3 where the Contractor was not at faull. or anv such order by the Construction ....1anager as the 0\\ ner's agent. (31 any written order for a minor chan~e in the Work issued pursuant 10 Paragraph 12.4. or 141 iadure oi payment bv the Owner pursuant to Paragraph 9.:-. the Contractor shall make such claim JS provided in Sub- parag,aph 12.3.1. 12.4 MINOR CHANGES IN THE WORK 12.4.1 The Architect will have authonlv to order minor changes in the Work not involving an adjustment in the Contr.ct Sum or exten~jon oi the (ontr.ct Time ~nd not Inconsistent with the intent oi the Contract Documents. Such changes shall be effected by written order issued through the ConstructIon ^,\a~ger, ind shall be binding on the Owner ind the Contractor. The Contractor shall carry out such wfltten orders promptly. ARTICLE 13 UNCOVERING AND CORRECTION OF WORK 13.1 UNCOVERING OF WORK 13.1.1 If Jny portion oi the Work should be covered contrary 10 the request oi Ihe ArChllect or the Construc- tion Manager, or to requirements speciiically expressed in the Contract Documents, It must. Ii required In wflting by either, be unco~ered ior their observation and shall be replJced at the Contractor's expense. 13.1.2 Ii any other portion of the Work hJS been COy- ered ~ hich the Arch,tect or the Construction Manager has not specifically requested to observe prior to its being covered, eIther may request to see such Work and it shall be uncovered by the Contractor. If such Work be found In accordance with the Contract Documents. the cost of uncovering and replacement shall, bv appropriate Change Order, be charged to the 0\\ nero Ii such Work be iound not in accordance wilh lhe Contract Documents. the Contractor shall pay such costs unless it be found that thIS condition was caused by lhe Owner or a separate contractor as prO\' ided In ."rticle 6. in which event the O\\ner shall be responSible ior the payment of such costs. 13.2 CORRECTION OF WORK 13.2.1 The Contractor ;hall promptly correcl all Work relected by the Archllect or the Construction .'Ianager as defective or as iading 10 conform to the Contract Docu- ments whether observed beiore or aiter Substanlial Com- plelion oi the Project and "hether or not fabricated. in- qalled or com pie led. The ContrJctor shall bear all COsls oi correcting such reJec:ed Work, Including compensa- tion for the Architect's and the Construction Manager's additional services made necessary the,eby. 13,2.2 If. within one year aiter the Date of Substantial CompJelion oi the Project or designated portion thereof, or within one year after acceptance by the Owner of designated eqUIpment. 0' \\ Ithin such longer period of time as mav be prescribed bv law or by the terms of any applicable special warrantv required bv the Contract Docu- ments. anv of the Wo,k IS round to be deiecti\e or not In accordance with the Contract Documents. the Contractor ,hall cor'ect It promptl\ "it,,- rece'~! of J \\ fllten notice lrom lhe OV\ ner to do '0 ~nll"- :"e 0\\ ner has previ- nuslv gt\ en the Contractor a \\ fllIen acceptance of such condition This obligation <hall sur\lV I' both final pavment ior the Work or de<lsnated portion thereof and termina- :,on ot the Cont'act Tre Owner '~J" giVe such notice promptlv Jiter d',cO\ef'\ vi the condition. 13.2.3 The Contractor shall remo\e from the site all portions of the Work which Jre deiecti\'e or nonconform- Ing and which have not been corrected under Subpara- graphs 4.51.13.2.1 and 13::> unle-s removal is waived bv the Owner. 13.2.4 I: the Contractor ia:.s to correct defective or non- conforming \-\'ork a- prC'.ded in Subparag'aphs 4.5.1, AlA DOCUME"T A201/CM . C;E~ERM CO~DllI0'S Of THE CO'1R~Cl fOR CO'STRIXTIO' COl'iSTRUCTION MANAGEMENT EDITION . )lM 1980 lalTlON . ^I^~ . :i) 1980 . lHE ~"ERICAN "STITl)TE Of "'RCHITECTS. 1735 'EW 'OR, WE ,\\ \\'SH"GTO' 0 C ,00f'It, A201/CM -1980 20 04/02/93 WARNING: l1ii'l,censed photocopying violates U.S, copyright laws and is ,ubjeclto l"9a' pnJseculion. 00750 - 20 GENERAL CONDITIONS 13.2.1 ~nd 13.2.2, the Owner may correct.t in ~ccord.lnce with P.1f.lgriph 3.4. ll~S If the Contr~ctor does not proceed with the cor- rection of such defective or nonconforming Work within a reason~ble time fixed by wrilten notice from the Archi- tect issued through the Construction M~nager, the Owner m~y remove it and may store the matenals or equipment ~t the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may, upon ten additional days' wlltten notice. sell such Work at auction or at pri- vate sale and shall account for the net proceeds thereof. after deductmg all the costs that should have been borne by the Contractor. Ineludlng compensation for the "-rchi- tect's and the Con<tructlon ,\\,lnai:er> additional <e'\ Ices made necessa" thereb~', II such proceeds Of >a!e do not cover ail costs which the Conlractor should h.lve borne. the dJ11erence shall be ch.lrged to the Contractor and an .lppropoate Change Order shall be Issued. If the payments then or thereafter due the Contractor are not suffiCient to cover such amount. the Contractor shall pay the differ- ence to the Owner. 13.2.6 The Contractor shall bear the cost of making good all work of the Owner or separate contractors de- strO\ ed or damaged by such correction or 'emolal. 13,2.7 Nothing contained," thiS Paragraph 132 shall be construed to establish a period of !,mltatlon with respect to any other obligation whICh the Contractor might ha\'e under the Contract Documents. Including Para~raph 4.5 hereof. The establishment 01 the time peoods no:ed ,n Subparagraph 13.2.2, or such longer period of time as may be prescribed bv law or by the terms of an\' warranty required by the Contract Documents. relates onl\ to the speCific obligation of the Contractor to correct the Work, .lnd h.ls no relationship to the time \\ ithin which the Contractor's obligation to compl\' I"th the Contracl Doc- umeng may be sought to be eniorced. nor to the time within 1\ hich proceedings may be commenced to e<tah- lish the Contractor's liab",ty with respect to the Contrac- tor's obligations other than speCifically to correct the Work. 13.3 ACCEPT ANCE OF DEFECTIVE OR NONCONFORMING WORK 13.3.1 If the Owner prefers to accept deiectl\e or non- conforming Work. the 01\ ner may do so Instead of requlf- ing ,ts removal .lnd correclion. In which case a Change Order will be issued to reflect a reduction in the Contract Sum \\here appropriate and equitable. Such aC,uSlment shall be effected whether or not l:nal palmenl hJ' been made. ARTIClE 14 TERMINATION OF THE CONTRACT 14.1 14.1,1 under TERMINATION BY THE CONTRACTOR If the Work is stopped for a period of th,rtl day s an order of any court or other public authority haVing Jurisdiction, or as i ~sult of an ict of government such as a declaration of ~ n~tioNl emergency rmking maten~ls un~v<lil~ble, through no ~ct or f<lult of the Con. tractor or a Subcontractor or their ~gents or employees or any other persons performtng any of the Work under ~ contract With the Contractor, or if the Work should be stopped for a pellod oi thirty days by the Contractor be- cause oi the Conslrucllon Man~ger's failure to recom- mend or the Architect's failure to issue a Project Certifi- cate for Payment as prOVided in Paragraph 9.7 or because the Owner has not made payment thereon as provided in Paragraph 9.7. then the Contractor may, upon seven addi- 1I0nal days' wlltten notice to the Owner. the Architect ,lnd the Con>tructiOn ,\I.lnager. termlO.lte the Contract and ,eCOIPr :rom l~e O\\ner payment ior all \Vork e,ecuted .1nd lor .101 p,,"en lo;s sustained upon any mater'a!;. e<1ulpment. tool>. con<tructlon eqUipment and machine" Includln~ rea-onable protlt and damages. 14.2 TERMINATION BY THE OWNER 14.2.1 If the Contractor is adjudged a bankrupt, or ma"es a general assignment for the benefit of creditors, or It a recell e, IS appointed on account of the Contrac- tor S Insol\'ency, or Ii the Contractor persistently or re- pealerjh retuse' or lads. except 10 cases fOr which exten- "on UI time " pro\lded. tu ,uppl\ enough properlv skilled \\orkers or proper materials, or fads to make prompt payment to Subcontractors or for materials or labor. or persistently disregards laws. ordinances. rules. re"uiatlom or orders ot an\' publiC authority ha\ ing Juris- tlon. ur othcr\\ Ise IS guilty Of J >ub>tantlal violation of a prOI ",on oi the Contract Documents, and falls within 'elen dol" alter receipt ot I\lilten noltce to commence and continue correction of such default, neglect or viola- tion \11th dd,gence ,1nd promptness, the O\\ner. upon tel tlllt,ltlon by the Architect after consultation \\ ith the Conqruct,on \lanager that suii'Clent cause exists to Justliy ,uch action, may. ,1fter 'I'I en days iollowing receipt by the Contractor 01 an additional \\ rilten notice and \\ ilh- out preludlce to any other remedl' the Owner may have, termlOate the employment of the Contractor and take possesSIOn of the site and oi all matellals, equipment, tool<. construction equipment and machinery thereon owned bv the Contracto' and mav finish the Work bv whatever methods the 0\\ ner ma~ deem expedient. In 'uch case the Contractor shall not be entitled to receive ,101 iurther payment untd the \\'ork IS finished. 14.2.2 If the unpaid balance of the Contract Sum ex- ceed, the costs of fln,shlnS the Work. Including compen- sation ior the >'rchilec!'s and the Construction \lanager's ,ldd,t,on.ll <1'1\ ICes made nece,<,ll\ thereb\. 'uch exce;; ,h.lll be paid to the Contractor Ii ;uch co<ls exceed the unpaId balance. the Contractor sh.lll pol\' the diiierence to the 0\1 net. The amount to be paid to the Contractor or to the O\\ner. as the case m,w be. shall be certified bv the Architect. upon application. in the manner prol ided In Paragraph 9A. and this obligation for pa\'ment <hall <UI\'II(' the termination oi the Contract. 21 A201/CM -1980 414 DOCU\I[',T A2011CM. GE'ERAl CO'OiTIO'S Of THE co' TRACT rOR CO'STRl.c;IO' CO,STRt.:CTIO'" "AS"GEIIEST EOiTIO' . jl....E 1980 EOITIOS . AIAII . @ 1980 . THE \\IE,:C~' ''''S'I'Ll[ or4RCH11[CTS :-1; '[1\ YORK WE '1\ 1\ 4SHI"'GTO, 0 C. :'lOO6 WARNING: Unlicensed photocopying viol.tes U.S. copyright laws and is subje<:tto '''9'' prosecution. 04/02/93 00750 - 21 GENERAL CONDITIONS SECTION 00800 SUPPLEMENTARY GBNBRAL CONDXTXONS Information contained in this Supplementary Conditions amends, supplements or clarifies the "General Conditions of the Contract for Construction, Construction Management Edition, AlA Document A201/CM dated June 1980 Edition. In cases of conflict between the General Conditions and these supplementary Conditions, wording of this section shall govern. ARTICLE 1 1. Subparagraph 1.1.3 - third line-after the word "construction," delete the remaining words and insert the following: "and all supplies, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities, services, and incidentals necessary for the proper execution and completion of such construction; except as expressly noted in the Scope of Work or the General Requirements of the Contract." 2. Subparagraph 1.2.1 - delete in its entirety. 3. Subparagraph 1.2.3 - after the last word "meanings" in the paragraph add the following sentence: "In case of discrepancy or disagreement in the contract documents, specifications, and/or drawings, the ORDER OF PRECEDENCE shall be: Contract Agreement The addenda as issued The General Requirements The Supplementary General Conditions General Conditions The Technical Specifications The Drawings (Large scale detail drawings take precedence over smaller scale general drawings). . . . ... eo Note: 00 not rely on scaled dimensions on drawings and any discrepancies found shall be brought to the . . attention pf the AlE through the Cl'L. .. . 4. . .. . . . 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 1 /"..." . 4. Add new subparagraph 1.2.5 as follows: "Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work." 5. Add new subparagraph 1.3.2 as follows: "Unless otherwise provided in the Contract Documents, the Trade Contractor will be furnished, free of charge, all copies of Drawings and Specifications reasonably necessary for the execution of the Work." ARTICLE 2 1. Subparagraph 2.2.1 - after the word "representative", add: "The term Construction Manager means the Construction Manager acting through his authorized representative." 2. Subparagraph 2.3.4 - first sentence after the word "Architect," add "along with the Construction Manager." 3. Subparagraph 2.3.7 - after the word "properly," add: "It is the intent of the Contract Documents to allow the Construction Manager to schedule the performance of all Work and the contractors are expected to follow all such schedule . direction. Should a contractor, either in person or through his subcontractor, supplier, or vendor, fail to maintain progress according to the Project Schedule and approved Contractor's Schedule, or cause delay to another Contractor: he shall furnish additional labor and/or services such as overtime as may be necessary to brinq his operations UP to schedule, all at no additional cost to the Owner." 4. Subparagraph 2.3.15 - delete in its entirety. 5. Subparagraph 2.3.18 - delete the word "reasonable" in the sixth (6th) line. After the word "promptness", add "consistent with the constraints of the project schedule so as to cause no delay." 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 2 6. Subparagraph 2.3.21 - first line - delete the words "the Construction Manager will assist the Architect", and substitute, "The Architect will assist the Construction Manager." 7. Subparagraph 2.3.23 - delete the phrase "against whom the Contractor makes no reasonable objection and." Also, delete the last sentence in the subparagraph in its entirety. ARTICLB 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. II ARTICLE .. 1. Subparagraph 4.1.1 - delete in its entirety and insert the following: liThe Contractor is the same person or entity identified as the Trade Contractor. A Trade Contractor is the person or entity identified as such in the Agreement between the Owner or Construction Manager and a Trade Contractor. The term Trade Contractor includes one who furnishes material worked to a special design but does not include one who furnishes material not so worked and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Trade Contractor means the Trade Contractor or his authorized representative." . . . .. . 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 3 ,,- 2. Subparagraph 4.2.1 - at the end of the paragraph, add the following: "The Owner and Architect have acknowledged that nothing in the Architect's engagement implies any undertaking by the Architect for the benefit of or which may be enforced by the Contractor, its subcontractors, or the surety of any of them; it being understood that the Architect's obligations are to the Owner and that, in performing such obligations, the Architect may increase the burdens and expenses of the Contractor its subcontractors, or the surety of any of them. Neither the Contractor, any Subcontractor, nor the surety of any of them shall bring any civil suit or other legal action against the Architect arising out of or in connection with the Project." 3. Add new subparagraph 4.4.3 as follows: "The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or state regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor employee is determined to be detrimental to the Project, as deemed by the Construction Manager, the Contractor will remove and/or replace the employee at the request of the Construction Manager. Employees dismissed from the project will be transported from the jobsite at the Contractor's expense." 4. Add new subparagraph 4.4.4 as follows: "The Trade Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment." 5. Add new subparagraph 4.4.5 as follows: "The Trade Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Trade Contractor agrees to cooperate with the Construction Manager, if required, to accommodate any discovered variations or deviations from the Drawings and Specifications so that the progress of the Work is not adversely affected." 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 4 6. Subparagraph 4.9.1 - add the following sentence: liThe superintendent shall be satisfactory to the Construction Manager and shall not be changed except with the consent of the Construction Manager, unless the superintendent proves to be unsatisfactory to the Trade Contractor or ceases to be in his employ." 7. Subparagraph 4.10.1 - add the following sentence: "This schedule, to be submitted within three (3) days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to the Construction Manager's approval." 8. Add new subparagraph 4.10.2: liThe 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. II 10. Subparagraph 4.14.1 - add at line 3 after "properly": "He shall also provide protection of existing work as required. II 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." ," 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 5 12. Add new subparagraph 4.14.3: "The Trade Contractor shall arrange for any blockouts, cutouts, or opening required for the installation of his materials and equipment and the execution of his work, whether or not shown or indicated on the Drawings. The Trade Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, any such blockout, cutout opening, or other hole in any fire-rated floor, ceiling, wall, security wall, or any other finished surface". 13. Subparagraph 4.15.1 - at end of paragraph, add: "Clean up shall be performed to the satisfaction of the Owner or Construction Manager." 14. Add new subparagraph 4.16.2: "The Trade Contractor shall promptly return telephone calls or respond to any other form of communication initiated by the Construction Manager. Failure to promptly do so shall be considered a lack of performance on the part of the Trade Contractor, and may be considered grounds for replacement of site personnel." 15. Add new Subparagraph 4.16.3: "All written correspondence to the Construction Manager shall be serialized, dated, and signed by an authorized representative of the Trade Contractor. The correspondence shall be directed to: Morrison-Knudsen/Gerrits P.O. Box 5283 Key West, Florida 33040 Attn: Larry Keys or hand delivered to Morrison-Knudsen/Gerrits' office located at 5090 Junior College Road, Stock Island, Florida 33040. Serialization procedures will be provided to the Trade Contractor in the pre-construction meeting." Each trade contractor shall be required to check his designated mailbox regularly. This mailbox will be made available, and located by the Construction Manager. 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 6 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 indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement." ARTICLE 5 1. Subparagraph 5.2.3 - delete in its entirety and insert the following: "If the Owner or Construction Manager refuses to accept any person or entity on a list submitted by the Trade Contractor in response to the requirements of the Contract Documents, the Trade Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum shall be allowed for any such substitution." ARTICLE 6 1. Subparagraph 6.1.1 - delete the last sentence. . -. : " 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 7 2. subparagraph 6.1.3 - delete in its entirety, and insert the following: "It shall be the responsibility of each contractor to coordinate his work with the work of other contractors on the site. The Owner and Construction Manager shall be held harmless of any and all costs associated with improper coordination." 3. subparagraph 6.2.5 - sixth line, after the word "initiates," delete the words "an arbitration proceeding" and substitute "a claim;" tenth line, delete the words "at the Owner's expense, and"; thirteenth line, after the words "and court or," delete the word "arbitration" and substitute "claim." 4. Add new subparagraph 6.2.6: "Should the Contractor contend that he is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, notify the Construction Manager in writing, of his contention: Setting forth (A) The cause for the delay, (B) A description of the portion or portions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to the Construction Manager with (72) hours after the delay has ceased to exist. It is a condition precedent to the consideration or prosecution of any claim for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the claim. The Contractor agrees that whether or not any delay, regardless of cause, shall be the basis for an extension of time he shall have no claim against the Owner or Construction Manager for an increase in the contract price, nor a claim against the Owner or Construction Manger for a payment or allowance of any kind for damage, loss or expense resulting from delays: Nor shall the Contractor have any claim for damage, loss or expense resulting from interruptions to, or suspension of, his work to enable other contractors to perform their work. The only remedy available to the Contractor shall be an extension of time." 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 8 ARTICLE 7 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.1I 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.1I 3. Add new Subparagraph 7.2.2: liThe 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. II 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: ., IIIf the Trade Contractor is delayed, at any time, in the progress of the Work, by any act or neglect of the Owner, Construction Manager, or the Architect/Engineer, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Trade Contractor's control, or by delay authorized by the Owner, Construction Manager, or by any other .cau~~. wpich the Construction Manage~.qetermine? may . . II . . . .f", 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 9 justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as the Construction Manager may determine, in accordance with subparagraph 6.2.6." 2. Subparagraph 8.3.2 - replace the remainder of the Paragraph after the word "waived" in line 4 with the following: "Any claim for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Trade Contractor shall report the termination of the cause for the delay within twenty (20) days after such termination; otherwise, any claim for extension of time based upon that cause shall be waived." 3. Subparagraph 8.3.4 - delete in its entirety and insert the following: "It shall be recognized by the Trade Contractor that he may reasonably anticipate that as the job progresses, the Construction Manager will be making changes in, and updating Construction Schedules. No claim for an increase in the Contract Sum for either acceleration or delay will be allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules which are of the type ordinarily experienced in projects of similar size and complexity." 4. Add new subparagraph 8.3.5: "If the Project is delayed as a result of the Trade Contractor's refusal or failure to begin the Work on the date of commencement as defined in paragraph 8.1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Trade Contractor causing the delay shall be liable, but not limited to, delay claims from other Trade Contractors which are affected." ARTICLE 9 1. Subparagraph 9.3.3 - add at line 14 after the word "person": "All Trade Subcontractors and Trade Sub-subcontractors shall execute an agreement stating that title will so pass, upon their receipt of payment from the Trade Contractor." 04/02/93 SUPPLEY~NTARY GENERAL CONDITIONS 00800 - 10 2. Subparagraph 9.5.1 - add: "From the total of the amount determined to be payable on a progress payment, 10 percent of such total amount will be deducted and retained by the Owner until final payment is made. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. When not less than 95 percent of the work has been completed, the Owner may, at his/her discretion (and with the consent of the surety), prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, (whichever is greater), of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive progress payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders, except when such excess quantities have been determined by the Construction Manager to be a part of the final quantity for the item of work in question. No progress payment shall bind the Owner to the acceptance of any materials or work in place, as to quality or quantity. All progress payments are subject to correction at the time of final payments. 3. Add new subparagraph 9.5.6: "All material and work covered by partial payments made shall thereupon become the sole property of the Owner, and by this provision shall not be construed as relieving the Trade Contractor from the sole responsibility for the materials and work upon which payments have been made or the restoration for any damaged material, or as a waiver to the right of the Owner or Construction Manager to require the fulfillment of all the terms of the Contract." 4. Add new subparagraph 9.5.7: "Except in case of bonafide disputes, or where the Trade Contractor has some other justifiable reason for delay, the Trade Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all ma.te~ials,. tools., and other expenqable equ~ment \;lhich " .. .. .. .. .. '. 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 11 are delivered at the site of the Project. The Trade Contractor shall pay, to each of his Trade Subcontractors, not later than the end of the calendar month in which each payment is made to the Trade Contractor, the representative amount allowed the Trade Contractor on account of the work performed by his Trade Subcontractor interest therein. The Trade Contractor shall, by an appropriate agreement with each Trade Subcontractor, also require each Trade Subcontractor to make payments to his suppliers and Trade Sub-subcontractors in a similar manner." 5. Subparagraph 9.6.1 - delete in its entirety and insert the following: "The Construction Manager/Architect may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Trade Contractor and Construction Manager cannot agree on a revised amount, the Construction Manager shall process the Application for the amount he deems appropriate. The Construction Manager may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, he may nullify, in whole or part, any approval previously made to such extent as may be necessary in his opinion because of: (1) defective work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Trade contractor to make payments properly to Trade Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to the Construction Manager, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. 9.6.1.1 No payment shall be made to the Trade Contractor until certificates of insurance or other evidence of compliance by the Trade Contractor, within all the requirements of Article 12, have been filed with the Owner and Construction Manager. Further, no payments on the basis of work performed by a Trade Subcontractor shall be paid until copies of all bonds required by Paragraph 7.5 and any certificates of insurance required of the Trade Subcontractors under Article 12 have been filed with the Owner." 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 12 6. Subparagraph 9.7 - delete in its entirety. ARTICLB 11 1. Delete Paragraph 11.1 in its entirety and insert: "Insurance and Bonds" and the following subparagraphs: "11. 1.1 Following award, but prior to execution of the contract the Contractor shall provide satisfactory evidence to the Owner, that the Contractor, at their own expense, has obtained the limits of insurance specified under this paragraph. The insurance form included in this section is to be executed, unmodified, and submitted as the certificate of insurance. The Contractor will also ensure that all subcontractors in any tier have obtained the same insurance as specified. 11.1.2 The Contractor will not be permitted to commence any phase of the work governed by this contract until satisfactory evidence of the required insurance has been furnished to the Owner. 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 contract and penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time. 11.1.3 The Contractor, and all subcontractors shall maintain the required insurance throughout the entire term of this contract and any extensions specified. If any coverages are required to remain in force after final payment, a certificate evidencing continuation of such coverage shall be submitted along with the application for final payment. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended. 11.1.4 The acceptance and/or approval of the Contractors insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. '. 'O. . . . . 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 13 CERTIFICATE OF INSURANCE MONROE COUNlY .. COIIIider'atioa of the premiums cbarJcd oa the Insuruc:c poIic:ic:IlbowD Ia tbiI c:a1i6c:ate, tbiI catific:atc II iIIIIcd to the certi6caIe boIdcc abown below. 11liI certilk:atc doeIlIOl amcDd, ettcDd or alter the c:overaae afforded by the poIidea lilted below acept .. Ibowa below. NANB" ADDRESS OF INSURED: COMPANU!S API'OIlDlNO COVERAoa .", c-p.ay r.- A c-p.ay lAaer . NAME ... ADDRESS OF AGENCY: Compony lAaer C Compony lAter D Company Letter E ThiI it 10 ~ IbIt !be inturance policies lilted beIoor bow been iooued 10 !be inoured and an: enforced It Ibis time. It it ..-s IbIt none ollbcoe policies will be cancelled oc chanpl ,..j!bout prcMdin& 60 ~.. wriuan notice ol oucb cancellalion ol cbaaF 10 !be cerliIicale bolder. a:eplJO doyo roc Wcxten' CoqCDOllioa. COLTR TYPE OF INSURANCE POUCY tI EFFECTIVE DATE EXPIRATION DATE ALL UMITS IN n;ouSANDS General Liability Gcnenl Agrep~ S o O>mmerciol General Liability Producu.(;omplOpo Agrep~ S o Ooima Made o Ocx:urm>ee o Owner', &: ContractOCl Protective Personal &: Act.a'tioin& Iojury S o X c. u. eo.enp Eocb Occurrence S o Broad Focm Property DamaS" Fore DomaS" (.ny ODe rlre) S o Independent ContractOCl Medical ~ S o Blanket ContnctUII (ony ODe penon) Automobile Uabiliry Bodily Injury o Any AuIO (Eocb Penon) S o All CI'A'I>ed Aul,," (Eocb Acciclenl) S o Scbeduled AulOl Property DomaS" S o Hired AUI,," Bodily Iojury and Property S DomaS" Combined o Non-Owned AUIOS Esc.ess Liabilily o UmbreOo Focm Bodily Injury .nd Property S o Otber IbIn UmbreOo Focm DomaS" Combined o Ooima Made o OccuITelKC WOlters' Compensalion ond WOlters' Compensalion SuIUUXY Employers'Liabiliry Employers' Liability. S Otber S O>mmenu: Monroe County, Monroe C<lunty Board ol C<lunty Commisaioners ond Monison-Knudoen!Gerrits are named IS additional insureds MIh reapect 10 the GenenI Uability, Vebicle lAbility, ProCesoional Liability and Ea:eu Liabiliry Policies. Name and Address of the Certificate Holder. Dole '"ued: Monroe County . Aut."':;,X'dt'd Repre~ntd:l1\<c: clCT Mon;ison .Knudsen/Gerrits I .' 5090 College Road , Addr....: Key West, Ronda 33040 TeJepboDe: Public Construction Bond BY THIS BOND, We and as Surety, ar~ bound to herein called Owner, in the sum of $ for payment of which we bind ourselves, or heirs, personal representativl~s, successors, and assigns, jointly and severally. , as Principal a corporation, 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 Ownc:r all losses, damages, including damages for delay, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract: and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then 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) '. 11.1.5 Workmens' Compensation. The Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state's statutes. In addition, the Contractor shall obtain Employers/ Liability Insurance with limits of not less than: $ 200,000 Bodily Injury by Accident $ 500,000 Bodily Injury by Disease, each employee $ 500,000 Bodily Injury by Disease, policy limits Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor shall be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a certificate of Insurance will be required. In addition, the Contractor will be required to submit updated financial statements from the fund upon request by the County. 11.1.6 General Liability. The Contractor shall obtain General Liability Insurance with the following minimum coverages: a. Premises Operations b. Products and Completed Operations c. Blanket Contractual Liability d. Personal Injury Liability e. Expanded Definition of Property Damage f. Medical Payments The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) $ 5,000 Medical Payments If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage $ 10,000 Medical PaYments An Occurrence Form policy is preferred. If coverage is provided on a Claims Made Policy, its provisions should include ~overage for .claims filed pn 9r after the effective date. of. 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 16 this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of the Work by the County. Recognizing that the work governed by this contract involves either underground exposures, explosive activities, or the possibility of collapse of a structure, the Contractor's General Liability Policy shall include coverage for the XCU (explosion, collapse, and underground) exposures with limits of liability equal to those of the General Liability Insurance policy. 11.1.7 Vehicle Liability. The Contractor shall obtain Vehicle Liability Insurance with following minimum coverages: a. Owned, Non-Owned, and Hired Vehicles b. Medical Payments The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) $ 5,000 Medical Payments If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage $ 10,000 Medical Payments 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 cpntraet.p~~ce. ... . :. 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 17 ARTICLB 12 /~ 1. Subparagraph 12.1.3 - under item .1, add the following at the end of the sentence, ", as set forth in subparagraph 12.1.6" 2. Subparagraph 12.1.4 - replace the remainder of the paragraph, after the word "change" in line 25, with the following: "Pending final determination of cost, payments on account shall be made as determined by the Construction Manager. The amount of credit to be allowed by the Trade Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in anyone change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change." 3. Add new subparagraph 12.1.6: 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, incidental job costs, and general office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: 12.1.6.1 If the Trade Contractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%). 12.1.6.2 If the Trade Subcontractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%). If the Trade Contractor does not enter into the Work, the maximum mark up for managing this work will be ten percent (10%). 12.1.6.3 If the Trade Subcontractor performs part of the actual work, his percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%) on his direct work only. If the Trade Contractor performs part of the actual work, his percentage mark-up for overhead and 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 18 profit shall be a maximum addition of fifteen percent (15'> on his direct work only. 4. Add new subparagraph 12.1.7: liThe Trade Contractor shall furnish to the Owner through the Construction Manager, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered." 5. Subparagraph 12.3.1 - delete in its entirety and insert the following: IIIf the Trade Contractor claims that any instructions given to him by the Construction Manager, by drawings or otherwise, involve extra work not covered by the Contract, he shall give the Construction Manager written notice thereof within three (3) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Trade Contractor shall proceed in accordance with Paragraph 10.3." Should it not be clear to the Trade Contractor that a change will involve extra work, written notice given within three (3) days that the change may involve extra work will be sufficient notice. If it is later determined that the work involved in such instruction shall be recognized as an extra, the amounts of additional compensation to be paid therefore should be determined in accordance with Paragraph 13.1. Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the notice specified by this Subparagraph is given by the Trade Contractor. If the Contractor considers that the changed work involves extra costs, the costs shall be accounted for, and presented in accordance with subparagraph 12.1.3. All claims shall be submitted to the Owner through the Construction Manager." 6. Subparagraph 12.3.2 - change the word 'agent' in the 7th line, to 'representative'. 7. Add new subparagraph 12.3.3: IIUnless 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." :. .. 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 19 ARTICLB 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 14.2.1 - change the words 'seven days' in the 13th and 18th line, to '72 hours'. ************************ END OF SECTION 00800 , . .' \' 04/02/93 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 20 SBCTION 00970 PROJECT SAFETY AND HEALTH PLAN 1.1 REGULATIONS AND POLICIES 1.1.1 Every Contractor and Subcontractor employed on the project shall comply with all applicable local, state, and Federal safety and health regulations and with Morrison-Knudsen Company, Inc. safety and health policies as described herein. 1.2 PROJECT SAFETY AND HEALTH REQUIREMENTS 1.2.1 It is recognized that it is good business and evidence of competent leadership to prevent the occurrence of incidents that lead to occupational injuries or illnesses. Safety and health requirements on this project include, but are not limited to, the following: .1 In general, this accident prevention policy is based on a sincere desire to eliminate personal injuries, occupational illnesses, and equipment and property damage; and to protect the general public exposed to or associated with the work. .2 The importance of the safety of all workers on the project shall be recognized and accident prevention shall be an integral part of all operations. .3 Each Contractor and Subcontractor shall conduct work in a safe and practical manner in conformance with the OSHA Safety and Health Regulations and the latest edition of the Manual of Accident Prevention, Associated General Contractors of America. .4 Each Contractor and Subcontractor shall observe all applicable Federal, State, local and project laws and regulations pertaining to safety and health, pollution control, water supply, fire protection, sanitation facilities, waste disposal and other related items. .5 The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with the OSHA and Emergency Phone Number posters. ." ....... ~' '>.: \ ~:. .~": '.",~.".~~'. .;", ':: ~.~.,. ::~>':. ;:.....: ll.; ,,:: J.~. :f'. :.: :'.. 'C..;..:, ;.., ;~ ~ ~.:.: ::..~..i. = :,~:" {..' 0.1 ." ~"~:. ./ :':' ,~ .<..,; >..<::.,.. :'.~.:,: ~ \.-1 ....... 1.. ..... '" . 04/02/93 PROJECT SAFETY & HEALTH PLAN 00970 - 1 .6 A record of all occupational injuries and illnesses shall be maintained. Medical and lost time cases shall be properly recorded on the OSHA log, and reported to MORRISON-KNUDSEN/GERRITS. A copy of the insurance report for workmen compensation cases shall be provided to MORRISON- KNUDSEN/GERRITS. .7 Each contractor and Subcontractor shall provide or arrange for adequate first aid facilities, emergency transportation and persons qualified in first aid. .8 Each contractor and Subcontractor shall cooperate fully with all other contractors in their respective safety and health programs. .9 Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be removed daily or placed in appropriate waste containers. All materials, tools, and equipment shall be stored in a safe and orderly fashion. Each contractor shall donate 10% of their staff to a crew that will convene every Friday at 1:00 pm for a joint site clean-up effort not to exceed a duration of three hours. In summary, there will be a 3-part clean-up plan. The first part consists of the contractor cleaning up on a daily basis, his workstations, and his trade work. The second part consists of the general clean-up, the concerted effort by all trade contractors working on the project. A minimum of (1) crew is to be utilized by each contractor, or 10%, whichever is more. The third part consists of the Owner cleaning up for a particular trade contractor should adequate notice not compel him to clean up his work. In this case, the appropriate contractors will be backcharged. .10 This project shall be a Hard Hat job and all supervisors, employees and visitors shall be required to wear a suitable hard hat while on the project site. .11 other appropriate personal protective equipment shall be provided and worn as required including but not limited to long pants, shirts with sleeves and appropriate leather work boots. . . . . .,: :~~"" ~'; ~ / .:.~ .~ :~:~;... ';:".i:: .: ;.. :;...,. . ~_:""! .,'. ...: '~l~ '., ..;<.:' .." ~.. i': ". '. :.<.~ ~..... ..; .: '~'. :..~ '. . :: '..: ,: :' ,:.:. ':., '.: '.., :. ;....y,~. .,' ' .,~ .... ~ :~ ....:: fo....~:.~',.. 04/02/93 PROJECT SAFETY & HEALTH PLAN 00970 - 2 .12 Temporary construction aids such as ladders, scaffolds, stairs, railings, etc. shall be provided to facilitate access or working conditions in a manner that shall conform to the safety standards specified by Federal, state, Local or manufacturer's recommendations or stipulations. .13 Each Contractor and Subcontractor shall be expected to indoctrinate his employees as to the safety and health requirements of this project and to enforce adherence to safe work procedures. .14 If MORRISON-KNUDSEN/GERRITS notifies any contractor of any noncompliance with the provisions of this program, the Contractor shall make all reasonable efforts to immediately correct the unsafe conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, MORRISON- KNUDSEN/GERRITS shall take one or more of the following steps: a. Cease the operation or a portion thereof. b. stop payment for the work being performed. c. Correct the situation using other forces and back charge the Contractor expenses incurred. d. Increase withholding in proportional increments for that given pay period. .15 All Contractor's Superintendents shall be required to attend and participate in all general project safety meetings. These meetings will be included in the weekly coordination meetings as previously specified or on an as needed basis. .16 All Contractors shall conduct Weekly Tool Box Safety Training Meetings, and shall document the minutes on the forms provided. These forms are to be transmitted to Morrison-Knudsen/Gerrits on a weekly basis. All employees working at the project site shall be required to attend and participate in the meetings. . . . ~.-#.~. ':- '-';~:-'.:"".":s.',"" .'. ~ ...:. ~:.:'.':'''' ~~ ......~.~ ~...~ u.~ '. .:.~ ;,:~~:-:.,:~~ ~'::i-,,,,, ,'.~,,:,"; i;. ',: .'. ~'...:. ;'~:"',:~;, ~.f.:.'::~'::,:.:"., ~.::' .' . " :::,.;:;:.; . . ~i '~....;. ..~ .~ .. '~'"o 04/02/93 PROJECT SAFETY & HEALTH PLAN 00970 - 3 1.3 1.3.1 1.4 .17 Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard Analysis (phase plan) shall be prepared by the contractor and submitted to Morrison- Knudsen/Gerrits for approval. The analysis will address the hazards for each activity to be performed in that phase and will present the procedures and safeguards necessary to eliminate the hazards or reduce the risk to an acceptable level. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform work. The analysis will be discussed by the contractor and Morrison-Knudsen/Gerrits on-site representatives at the Preparatory Inspection Meeting. Work will not proceed on that phase until the Activity Hazard Analysis (phase plan) has been accepted by Morrison-Knudsen/Gerrits. .18 No personal radios or stereos will be allowed on the job-site. FIRE PROTECTION Every Contractor and Subcontractor employed on the project shall exercise good construction practices to prevent fire. It shall be the responsibility of the Contractor to insure that general fire protection 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 1.4.1 It shall be the contractor's sole and exclusive responsibility (a) to provide personnel capable of working adjacent to energized electrical lines or other utilities; (b) to provide adequate, safe and properly maintained equipment; (c) to conduct all of his work in accordance with the safety rules and regulations prescribed by the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation and Maintenance of Electrical supply and communication Lines Hand Book 81, occupational Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction and as specified elsewhere herein, or as are generally applicable to the type of work being performed; and (d) to continuously su~~rvise and ir.spect the.work being performed to . "~ .:' ':'.' ..:i::,.' :;. : ::", ~", : :" ,'; :",::.;..., .::..;". ....,' ,i~:- .1 t".:: .:., "- . ":.::..;.. :.~ ~.~.; .., ;<: ~. .. .'..,. " :.-( "~.'..~' ~'.' ~,.:;.;:~' ..., ~..~~.,~.:: .: ..y.:.' ::-. . : ~.::. :..... 04/02/93 PROJECT SAFETY & HEALTH PLAN 00970 - 4 1.5 1.5.1 1.5.2 1.5.3 ,'" .:..... .:",,! 4'. .~ ~ '"," ".. ....:~~: h." : .:...:....... :.:..::: assure that the requirements of (a), (b), and (c) above are complied with and nothing in these Contract Documents shall be held to mean that any such responsibility is the obligation of the Owner or the Architect or the Construction Manager. 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 employed on or in connection with the project, and nothing in these Contract Documents shall be construed to give any of such responsibility to the Owner, the Architect, or the Construction Manager. ***************************** END OF SECTION 00970 . , '. "..... ..:" . : o. ;'~~.'. .: -tE ".... ..... ::. .~. ~.., .f':'" ::. .~:. .. :i:"::!..'~~";.~ .....e. .;.. ;,..: ~.." ..:;".i ..~.:~ .:'-:'.-, :. .:.;~....: ~'~I"'" .. ";.:;::.: 04/02/93 00970 - 5 PROJECT SAFETY & HEALTH PLAN SECTION 00980 CONTRACTOR QUALITY CONTROL PLAN 1.1 1.1.1 1.2 1.2.1 1.2.2 1.2.3 1.2.4 MORRISON-KNUDSEN/GERRITS' DUTIES AND RESPONSIBILITIES The Morrison-Knudsen/Gerrits' superintendent will monitor all work performed by the Contractor and assist the Contractor with his conformance of the work to the Contract Drawings and Specifications. CONTRACTOR'S DUTIES AND RESPONSIBILITIES The Contractor is responsible for the quality of the work performed by his work force on this project as well as the quality of the material, equipment and supplies furnished by him to be incorporated into the work. The Contractor will designate a Quality Control Representative who will be on site at all times while the respective Contractor's work is in progress and will have the authority and responsibility to accept or reject items of work. The Contractor's Quality Control Representative may delegate his duties but the primary responsibility and authority will rest on him. The Contractor's Quality Control Representative will coordinate the submittal of all shop drawings, product data and samples to Morrison-Knudsen/Gerrits. Any submittal that is a variance to the contract requirements must be identified as such and transmitted to the Construction Manager for submittal and approval by the Architect/Engineer or Owner. No work requiring submittal of a shop drawing, product data or sample shall commence until the submittal has been reviewed and approved by the Architect/Engineer. The Contractor will bear the responsibility of notifying the designated material-testing laboratory, whether Monroe County or Contractor is required to perform testing of materials as required by the contract drawings and specifications in a timely fashion to prevent needless cancellations and delays of work activities. Any costs caused by untimely notification shall be borne by the Contractor. .... ,.~.. ;t,: ' .:.::. . '.:,.: .-: .~,;~., t',:,:" ~:.,' "" 0;: :. :.-:. <..: ....'!' .:.t: ":'~. . .' ::..:.: . ,~....., /~, ~. ::,:.~:,' ;.;:;. .~::..'.:'... ,.:.....;..: .. ~.,;-; ,: . ;..~; .' .... " :,:t, ~ . ,: (. .... .: ", :.' ... , -.' o. 03/04/92 00980 - 1 CONTRACTOR QUALITY CONTROL PLAN 1.2.5 1.2.6 1.3 1.3.1 The Contractor's Quality Control Representative will review his drawings, procurement documents and contracts to insure that the technical information provided and all work performed is in accordance with the latest revisions of the Contract Drawings and specifications. The Contractor's Quality control Representative will perform an inspection upon receipt at the site of the work of all materials, equipment and supplies inclUding those furnished to him by the Owner. Notes from this inspection will be filled out on the appropriate form and included with the Contractor Daily Quality Control Report. Items which are damaged or not in conformance with the respective submittals, quality standards, contract drawings and specifications shall be brought to the attention of Morrison-Knudsen/Gerrits' representative on site and then will be identified and segregated from accepted items. Items thus identified will not be incorporated into the work until corrective action acceptable to Morrison-Knudsen/Gerrits is completed. Items determined unsalvageable will be removed from the job site. These items shall be noted as deficient in the applicable section of the Contractor Daily Quality Control Report. INSPECTION AND TESTING INSPECTION PLAN Morrison-Knudsen/Gerrits utilizes a mUlti-point inspection plan for each separate feature of work to be performed under this Contract, i.e., work described by each division of the technical provision section of the contract specifications. This plan consists of the following: .1 Preparatory Inspection Prior to commencing the work, the Contractor's Quality Control Representative will meet with Morrison- Knudsen/Gerrits' Superintendent and the Architect's representative if he so desires to attend and check the following items at a minimum for conformance: (a) Approval of shop drawings and submittals. (b) Approval of inspection and test reports of materials and equipment to be utilized. (c) Completion of previous operations of preliminary work. '~ ,::<:.~~ . :.: ~~~. ~ ~'~. '.:.j::" .... ..:' ~', ." ;: ~ ...~'. "::'~" ::. :..:.~ . ~".':' :".,:.' .~..~,: ..i:,...; .: .:. ~~. ~\:........ ': ....:::.'. ..;. ,.' .'~: ,~,::,.' ;: ,<,'. : .' ;:/ ,', .~.; .,..;:.:: ~:.' ':. ~ .;'. ::: . ". 03/04/92 CONTRACTOR QUALITY CONTROL PLAN 00980 - 2 Note: Note: .~...;.:..... ..~; i! ~.~.~.. ~:: .;~.: .,....:. ..;: .\.#,- :.:.....; (d) (e) (f) (g) (h) Availability of materials and equipment required. Potential utility outages. Any other preparatory steps dependent upon the particular operation. Quality standards. safety or environmental precautions to be observed. (Phase Hazard) .2 Morrison-Knudsen/Gerrits will record the minutes to this inspection meeting and distribute accordingly. Initial inspection - Upon completion of a representative sample of a given feature of the work, the Contractor's Quality Control Representative will meet with the Morrison- Knudsen/Gerrits superintendent and the Architect's representative if he so desires to attend and check the fOllowing items at a minimum for conformance: (a) Workmanship to established quality standards. (b) Configuration to contract drawings and specifications. (c) Construction methods, equipment and tools utilized. (d) Materials and articles utilized. (e) Adequacy of testing methods. (f) Adequacy of shop drawings. (g) Adequacy of safety or environmental precautions. Morrison-Knudsen/Gerrits will record the minutes to this inspection meeting and distribute accordingly. .3 Follow-up Inspections - The Contractor's Quality control Representative will inspect the work daily to assure the continuing conformance of the work to the workmanship standards established during the preparatory and initial inspections. Additionally, as a part of the follow-up inspection, sign-off sheets will be utilized as often as possible. The intent of these sheets is to achieve concurrence from other trade contractors and responsible parties that ensuing work can indeed commence over underlying work. ~~~;:.: T~~~...:,--:~l}, ,J?,:.~~\tl,::,.oy;~~s~.g.~t:~..:..ap.~.,.,?~i.~.~ioI1~~..Wh.~.c~"J': ,,,.,' .'.~:. ... .'~.:. ... . .... ......\. .......... ..: ......;..... It........~ .....;:.. :..~.:"'...." 03/04/92 00980 - 3 CONTRACTOR QUALITY CONTROL PLAN Note: Note: 1.3.1.5 1.3.1.6 could elevate costs. Sign-off sheets shall be used for, but not be limited to, concrete, drywall, ceilings, painting, roofing substrates and flooring. These reports are to be generated by the Contractor and submitted to Morrison- Knudsen/Gerrits' Superintendent for approval prior to the start-up of work. Failure to generate a sign-off sheet or to attain proper signatures prior to covering up underlying work may affect payment for that piece of work if ensuing problems are detected or not. This disciplinary action shall be carried out via the Nonconformance Report. (See section 1.4.2 of this plan. ) The Contractor shall be responsible to record these inspections and all other project related activities encountered throughout the day on the Contractor Daily Quality Control Report. .4 Completion Inspections - Upon completion of a given feature of the work, the Contractor's Quality Control Representative will meet with Morrison-Knudsen/Gerrits' Superintendent, if he so desires to attend, to perform an inspection of the completed work. Non-conforming items will be identified and corrected prior to commencement of the next operation. The Contractor shall conduct and report corrections of this inspection which shall be a required submittal. Follow-On Inspections - Upon execution of the contractor's completion inspection in elements of the work which result in concealment; such as, ceiling and drywall installations, the Contractor shall schedule and conduct multi-trade or singular inspections prior to covering installation. Note: MK/G will record the minutes to this inspection meeting. Pre-Final Inspection - Upon substantial completion of the project work MK/G shall coordinate and conduct a universal inspection of all areas and elements of the work. The Architect/Engineer may be represented if he so desires. This inspection shall be completed at least (15) days prior to the final substantial completion inspectio~ which shall be conducted by the . '. .,":' .) t' .,..;.:, ., ~,.'. :. :.:. .:;.;.":. ::':., .,:/ : .;:~. ,'v.::': ;,.:,,~, ." 'J,.,~ .~, ,:.' .::..,.;:( ',:. \',~. ',':= ~ ~ .: '.' >:. 'i.,'; ,.;.!: ~,;.;'. . ,.:: '.>:"'0'. :;::~... :. .to .', ',;:.":'. ::' 03/04/92 CONTRACTOR QUALITY CONTROL PLAN 00980 - 4 A/E. All deficiencies and incomplete work should be completed prior to the final substantial completion inspection. 1.3.2 OPERATION AND CHECK OUT TESTING The contractor will provide personnel and equipment to perform the operational tests and check-out of the equipment, facilities or equipment constructed, fabricated or installed under this Contract. Morrison- Knudsen/Gerrits' superintendent will coordinate and witness all such tests. Notification should be given at least ten (10) days in advance of the scheduled tests. 1.3.3 FINAL INSPECTION and issuance of the A/E CERTIFICATE OF SUBSTANTIAL COMPLETION Morrison-Knudsen/Gerrits' superintendent will coordinate and attend all final inspections of the work by the Architect/Engineer. Prior to requesting a final inspection, all tests for the equipment and systems must be completed. Upon completion of the AlE'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. 1.4.1 DAILY QUALITY CONTROL REPORT The Daily Quality Control Report shall be used to document the summary of daily inspection activities performed by the Contractor's designated Quality Control Representative. It shall include any of the steps of inspection that are performed that day, all test monitoring and any rework of nonconforming items. ; ~...;.;C'\~.' .~..~' :...;<.,d...... ..,l.;.~;~>,..lI'.he..~,?\~Ay~:9\~a,l~~~. ,~B.lJt.F.?j:. ;,~~P.~,Ft. '.;"~~~:i.R~.. ~~.,.;t..l:I~ . 9.C};i-)'Y,,: ..,.' . .,.' . . . .. . .. . .." e. ., ~ ..' _ .. _.. .,.. .0... ..' ,.... .eo .... ~ ......' ':. ..0 03/04/92 CONTRACTOR QUALITY CONTROL PLAN 00980 - 5 superintendent's Report will be routinely used for daily reporting requirements. When the magnitude or complexity necessitates such, a more separate and comprehensive form will be used. Reference Contractor's Daily Report, and as needed Contractor Daily Quality Control Report, section 01385. 1.4.2 NONCONFORMANCE REPORT Nonconformance Reports will be issued for work that is found to be in nonconformance with the contract documents or the referenced quality standards. The report will be issued by Morrison-Knudsen/Gerrits. It is not the intent to routinely and repeatedly issue nonconformance reports, but to issue them only after normal enforcement standards have been exhausted, or if the work performed is a detriment to the project. A copy of the Nonconformance Report will be forwarded to the Project Manager for his information and/or action. It should also be included in the Contractor's Daily Quality Report package for general review. Nonconformance Reports will be signed off once the deficient item or items have adequately been corrected. This will be done by the issuing Superintendent and Project Manager. These sign-offs will be included with a corresponding corrective action taken. Significant nonconformances need to be addressed to prevent recurrence. The signed-off report will also be submitted for review. work activities affected by a Nonconformance Report will proportionally counter-affect payments. Whether that be partial or full retainage will be left up to the discretion of Morrison-Knudsen/Gerrits' management team. 1.5 NOT USED 1.6 AUDITS 1.6.1 Morrison-Knudsen/Gerrits may choose at its option to perform Contractor audits of their Contractor Quality Control Plan at any time. Reports of these audit results will be forwarded to the Project Manager for his action. Any action items noted during an audit for the Contractor will be followed up and documented to insure compliance and avoid recurrence. ., ,/ .':' .,~,: " ',; .:\ " ,', .~:. ::' :~.~ .: ~ ' '.' , ; ~.~ '.. '. ,.';:.: ...., . ?" ':, ',,:, ". ::,:, ,:",:... ;,,:,;. .',~ ';":,,;:' '.;", ..';' 'I ;.:,:~ } ',:,: ',:, ..' ~. ....:' :..:' .'''', ,'. . '.. ..: ,<:':"". ~. . ...:~ ~::.:; ,;." .. 03/04/92 CONTRACTOR QUALITY CONTROL PLAN 00980 - 6 1.7 SUMMARY The intention of this plan is to create a system of checks and balances that will minimize delays caused by rework and a lack of planning and maximize production and insure that the finished product is one that the entire construction team can pride themselves in. These goals can be achieved by giving the Owner exactly what he has pought. The Owner will expect no more and through Quality Assurance, the construction team will provide no less. ***************************** END OF SECTION 00980 . ~ II; . . .' 0.. It 00 to. .0. ... .0' .." . . '"..,: .0.."..: .......,., . 00 ...~,', '. ..., .,' ....~. .' .,... ..0 -::.,:,,! ';'~''',>~'.,'.' '.o:...~ .....,...". .... e.'.' ,.", "-',.~ ., .' '.'~; ,',., ..o__l., ","... ..0:. " .":.,,' :.,,:. ..:. .. .... . ... If. " . ...... .. _... oc ~::..~:.~.:",,~::.:.~~:,,"'..... ..:'.:: 03/04/92 00980 - 7 CONTRACTOR QUALITY CONTROL PLAN SECTION 00800 SUBSTANTIAL COMPLETION AND OWNER ACCEPTANCE Contractors shall turn over care, custody and control of their work to the Owner as defined in the issuance of the AlE's certificate of Substantial Completion of the Project. All contracts shall exchange as a group and in unison, possession, maintenance and security responsibilities with the Monroe County Officials. Any portion of the work which is in non-conformance with the contract documents or elements which prevent the Owner's use of the facilities for its intended use shall be excluded from acceptance. The contractor shall be responsible for all work performed, equipment, and materials furnished to, or by the contractor under this contract until the contractors work is completed and has been accepted by the Owner as stated in the certificate of Substantial Completion. In the event of loss, damage or destruction of such work, equipment, or materials, the contractor at his sole expense shall promptly repair, restore, or replace such, to the conditions required by the contract documents. All warranties and guarantees shall commence as stated on the AlE's certificate of Substantial Completion. Substantial Completion Certificates for portions of the project or portions of the work may be used to reduce retention. This partial certification shall only be used for the purpose of reducing retention. The implementation and amounts of reduction shall be at the Owner's sole discretion. In the event of discrepancy or disagreement in the contract documents, specifications, andlor drawings, this section will take precedence over the Supplementary General Conditions, General Conditions, General Requirements, technical specifications and drawings. ************************* END OF SECTION 00805 04/02/93 OWNER ACCEPTANCE 00805 - 1 CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS OWNER 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 CO:\TR:\CT 0-\ TE: Slate of: County of: The undersigned. J;:ursuant to Article 9 of the General Conditions of the Contract for Construclion. AlA Document A201. hereby certllles thaI. e'cepl as listed below. he has paid in full or has othem ise satisfied all obli!::atlons for all materials and equipment furnished, for all work, labor. and services performed and for all kno\\n ind~bledness and claims again<t the Contractor for damages arising in any manner In connection \\ I:h the performance of the Contract referenced abo\ e for which the Owner or his properly m ighl in any way be held responsible. EXCEPTIONS: (If none. \',rlte:-;one". If requireti bv the Owner, the Cor:r.1clor ,hail iurr-:.,h bond sa!,<factorv to the Owner for each exception.) . SUPPORTING DOCUME~TS ATTACHED HERETO: 1. Consent of Surety to Final Payment Whenever Surety is involved, Consent of Surely is required. AlA DOCUMENT G707, CONSENT or SURETY, may be used for Ihis purpose. Indicate attachmenl: (yes (no l. The following supporling documents should be at- tached herelo if required by the Owner: 1. Contractor's Release or Waiver of liens. condi- tional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Sub- contractors and material and equipment sup- pliers, to the exlenl required by the Owner, ac- companied by a list thereof. 3. Contractor's Affidavit of Release of Liens (AlA DOCUMENT G706Al. CONTRACTOR: Address: BY: Subscribed and s\\orn to before me this day of 19 Notary Public: My Commission bpires: "1-\ DOCL"MENT G~06 : ( .., -" 'c--~, 5 ~FI:O\\'IT OF P.\Y\~t >,: O. PEofS. .\:.08 Cc \, '." . 'i' _ - co: [:):- -\I-\~' i 1970' THE -\\\1,,(" "~~-'TVF OF AR"CHIHCT5. 1~j; '[1\ \C,~ AlE. ,\\ \',"'H"c:.;:.', ;J (. :': Q O'E ?\GE 04/02/93 00900-1 AFFIDAVIT OF PAYMENT OF DEBTS & CLAIMS CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS AlA DOCUMENT G70M OWNER ARCHITECT CO~TR^CTOR SURETY OTHER o o o o TO (0\\ ner) r ARCHITECT'S PROJECT NO; -, CONTRACT FOR: L -.J CONTRACT DATE: PROJECT: nJme JddrC5S) Stale of: Count\' of: The undersigned, pursuanl 10 Article 9 of the General Conditions of the Contract for Construction, AlA Documenl A201. hereby cerlliies thaI to the best of his knowledge, mformalion and belief. except as listed below, Ihe Releases or Waivers of Lien attached hereto include Ihe Contraclor, all Subcontractors, all suppliers of materials and equip- ment, and all performers oi Work, labor or services who have or mav have liens against any proper!v of the Owner ariSing in any m,lnner out of the performance of the Contract referenced abO\e. EXCEPTIONS: (Ii none, \\flle "~one". If required by the Ov\ner. the Contractor shall furnl>h bond satisfactory 10 the OV\ ner for each exception) SUPPORTING DOCU,\\ESTS ATTACHED HERETO CO~TRACTO~. 1. Contractor's Release or Waiver of liens. condi- tional upon receipt of final payment. 2. Separate Releases or Waivers of liens from Sub- contractors and material and equipment sup- pliers. to the exlent required bv the Owner. ac- companied by a list thereof. -\dd'e<s BY: Subscllbed and sv\orn to before me thiS day of 19 Notary Public: ,o"lv Commission Expires: AlA DOCL"IENT G~06A ' C')""~R~CTCR 5 ~rriD~\1T or RflE-\Sf or 1:['.5 . ~PR'l 19~O EDITIO.... . ~ ;i . ...r 19:0..-..~ -\\'~R::~~' f'~::"'t,Tf..(;r },,~C"H:"7ECT~ 1-~~ 'P~ 'fORI( ~.'.~ ".. \\-\~H:'C7~',.:-':: ",; '':C[ .' 04/02/93 AFFIDAVIT OF RELEASE OF LIENS 00905 - 1 CONSENT OF SURETY COMPANY TO FINAL PAYMENT ..../A DOCUMENT G707 OWNER ARCHITECT CONTRACTOR SURETY OTHER o o o o PROJECT: (name, address) TO (Owner) I I I ARCHITECT'S PROIECT NO: CO\:TRACT FOR L CONTRACTOR: I CO:-.JTRACT DATE: --' In accordance with the provisions of Ihe Contract between the Owner and the Contractor as indicated above, the "'~!(' In~{'" ~.Irnr ~"'d .Iddr,.~s OI5iJ~("I\t' (.,,.....;:.....,\ , SURETY COMPANY, on bond of 'nE're In\erl nJme ind .lddrCH 01 Cun!rJ(IOr, , CO~TRACTOR. hereby approves of Ihe final payment to the Contractor, and agrees that final payment to the Conlraclor shall not relieve Ihe Surety Company of any of its obligations to (her. .n'en nome ,nd add,... of O...ne' .OW"'ER, as set forth in Ihe said Surety Company's bond IN VvlTSESS WHEREOF, the Surely Company has hereunlo set it' hand this day of 19 Surety Company Signature of Aulhomed Repre;entall\ e All est : (Seal): Tille ~OTE Thl< form ;< to be u<ed a< a companion document 10 ^I^ DOCL.:.\\EST G706. CO:o..lTR..CTORS ""HID^' IT or P""y\\[',T or DEBTS A-..:D Clo./.'I.\S, Current Ed,tlon .AIA OOCl\U'T C-O:-. CO'(~"'.T OF 5:...R[TY CO'.,p~-,y TO 'I......"l PA,'.~(.....T. -\PK~l19:-(' lu;1iCi'l..:....:.5. . .. r 1970' ~hE "",\ERiC'" ,'STill TE Of ^RCHITECTS. 1735 M\' YORK .\\E.. .',;Iv. \\""SHI'GTO'. r;;>.C ~':-::6 . :J'\,[ ,.1.C: 04/02/93 CONSENT OF SURETY TO FINAL PAYMENT 00910 - 1 SBCTION 01027 APPLICATXOH FOR PAYMENT 1. SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 2. FORMAT The Application and certificate for Payment including the continuation Sheet is the required format for submitting invoices. A copy of these forms are included in this section. The Owner reserves the right to modify the format to better suit his internal accounting system. 3. PREPARATION OF APPLICATIONS The contractor is required to comply with the following procedure: 1. Progress payment period ending date is the 25th day of each month. 2. Fifteen (15) calendar days prior to the 25th (i.e., 10th of the month), work item updates are to be submitted by the Contractor to the CM for work through the period ending date (25th). 3. The Work Item Update listing (blank) will be distributed to the Contractor for completion prior to the 10th day of the month. 4. From the 10th to the 16th day of the month, the CM will review the copies of the work item update with the field staff and/or the Contractor. 5. From the 17th to the 20th day of the month, the CM will meet at the jobsite with the A/E to review the recommended work item update listings for A/E approval. 6. From the 21st to the 24th day of the month, the CM will provide the Contractor the reviewed and approved work item update and an application for payment. ., -.0.. . ... . .""...... ....,. .:..~...: ~ -. .-0. '., w.: .......:.:..1t ., ;...,.. w- ..o . .o.. . , .. ," :.-.:~ ".. ;# :': ... 04/02/93 APPLICATION FOR PAYMENT 01027 - 1 7. The Contractor will execute certification by notarized signature of authorized officer. 8. The contractor will attach to the Application for Payment, a completed and properly executed Affidavit and Partial Release of Lien form also contained in this section. 9. On or about the 25th day of each month, the A/E will certify the applications for paYment at the monthly jobsite project coordination meeting and the CM will submit them to the Owner for processing or provide notification as stipulated in the General Conditions for withholding. 4 SUBMITTAL PROCEDURES A. The initial Application for Payment will not be processed until the Contractor's construction schedule, the schedule of values, and the initial submittal schedule have been received, reviewed and approved by the Owner's Representative. B. Submit an updated construction and submittal schedule with each Application for Payment. C. Payment Period: Submit once per month. Payment will be made by the Owner within a reasonable time thereafter. 5. SUBSTANTIATING DATA A. When the Owner's Representative requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Indicate Application number and date, and line item by number and description. . , ' " . .. .'. . '. ~ .'. f1}-. : . ,. . . . . 04/02/93 APPLICATION FOR PAYMENT 01027 - 2 0 ~~ .. ~l~ -...on- t '" ~~jil r> .. i 0 " ; : .. ! ~ · i"'. ;) '< i "' i '" ~ ~ ~ '" n ... 0 i . ., ., ! ; ~ z .. 0 ... n ~ ... '< _. 1 il~ij '" n ...~ "' . . n ..t.-n ~ > f ~ n "3 7" - .0 ... n in ~ 0" ., ...-~-, n 1~~::.;: ~ r- .. ... i,:. -.,.. i~ ~.l ~ ~ ... ,..!.:: .;; ....-3- i n ~~ 0 i ... '7:J _. - .. ~~~11 . .. ' n "'0"'''. n .. ... ., .. ... i;; o ... A" E ... ~ '" ~~ . '" A 0 n 9 n > 1 i....f- ... ~ n An 7- .. !."~in 0 ... 1ft , .. - 1". ". ... '" ... e- - 3 > :0: i .... ... ~ .. ... n ~ ., ~... .. ~ ... m ! ~. ~ ~ ~ ~~~~~ ., ....,~.i ... ~ r- 2 .. .. 0'" -~ n m ~c tt.. n z: m n. ., 0 .. 0 ... n .... ~ij "';1=3 i j *!.;~ "' ... 5 co '" '" .,n .. n.. .." '" ~ 3 "10 :7'-.." .....7 n .. . .. .. ;) . ... ... 70 ClIO m '< .. n _. _n > . -. ,.. 0 -. CI .. .. . (:;;-3" .. 7.,,, C ., O"IT :I: i~"'" -, '" ~ ., n.... 0 m -.nn ~ m .. .. ~ ~... ~ :0: .. ~~. ... .,g.g~:: 3 "i2li . .... III .. ... ".,.,.... ~n7 :;' ~ :.>:1 ~~a3.~ :I: n .. ~"g~:;: .. .... ~ 7"0 > _. E :r.. -. IT U;'~ g ... -.. _. ~ ~ ~: c; co i;~:;~ ~ 0 0 III 0 -. on n V> ... i":T'" 0 0 o ... .. ;i""~ ,.. _. ~ 0 0 0 :I 2~:I" III ..on II _n ..,... II n ;;.~ 3 "-">ji" .. ~ ., _...~ ~ i :. a ....~ 3 It n.. II) :I .. - .. 1i ... rot .... -. ., .... -. . -. :r n 0 .:r._ i~~~- n .. . ... .. .. .. 1 -.. c.... ...~3l .. . 000 ... R~"i 0- "i ....., ...n E'< 17l.. .....!~g 0 "':1: > _. .. :~~ 0 7.. .. ~ "'3 ~ "IT . 01 ...... 7_ .. .. .. ~ ;:1 ~ II ~ ~ ... g II .. "0 .. ~ .. 2 0 ...., _. < .. 3 ..'&"'3 7" 0 ~ II 7 ~ en .. - ~....... .., l: Ot ,.. ~ > ;"5 :1'< "'" ... III < ... - '< Ill.. .. -., tI ;r ... 0 .. ......~ :I II .. ... r- ., .. ., "0 0 la.. u;'~'ri ~ 0'< ., n ~. ... II .. o .. > .. ~.7 n.. ". ... . 0 1 ~" g";.tI ~ ~i:l1 0 E n~ -.n ..-....e- z: ::J ~ 3 -, .. 5 ., .. ~~i; ~ Q. . i .. .. ..., ..n.. -< 0" o .. .. n ., .. ... > .. .. .a > 9- ::J 0 ... -< ., :I: m ::J :0: III ~ .. ., .. i .. 0 0 > :I: :0: '" '" :0: ",n ., ... iE( n ... > .. ~ '" -< 0 i .. II .. ., i m ... .. n .. . .. ..0 '" ... '" .. :z: - .. n . .. m . . .... r- ... -. 1 ., n .. -.. '" 8 ... a~" -< ., . im > ~ m 0 ., n n n ... [ ... :!, .... ... .... ... ... .... II . ~ II ., ~ 0::1" . . ::I CI i ., .. li > :z: ...,.. -. 3 ~ .. .... . "... n m :0: ;) "0 -, P .. ..a " ~ " .. .. .. i: ~, ~ ~ r- .. , ., ., .. ::J ~ g: . .. 0 .... :I: II i '< n .... 0 .. .. , 0' C ...:1: > ., ".. ., .. -'3 ~ II . ., n ., .. II C ~ 0 II i ., ., r '" ~ ~ 0 I '" .. < m II a :0: 0 00 n .. ~ ... 05 .. ' ". 0 00 ... ... ... 0 00 0 i.. 0 n, .. > ., II . n ... .,-< ., . 5 :I: ... ... .. . m ... ~ 0 .. :0: ., 1 .... .. .... II e- '< < ..~ a: 0 -< 0 c ~ ., .. - m ~ 0 - 0 00 ... ... ... 0 00 ... .. 0 00 CI ., .. ... , ., . s , 0 . ... . II ... 0 . ., ". 0 . II , 8. ~ , 00 ! , 0' 00 0' 00 .. ~ ,. ..... . .., .... . ..... ': .:. ". .' " . , ." .... " . . ., ~... ...." .Jj . ..... ~:. -. .- %, '- ,. ' . 04/02/93 APPLICATION FOR PAYMENT 01027 3 z; 0 0 ,; 0 0 .; .; .; c .; . .. ~ c ;;: . ... " 8 8 ~ 8 8 8 8 8 ~ 8 .. II . ~, 0 0 0 0 0 0 0 0 0 0 Ii :~ ... 1~ i -, ... .. 0 0 0 0 8 0 ~ 0 0 .. 0 0 0 0 0 0 0 of .; 0 0 0 0 0 0 0 0 ------------- 0 0 0 0 8 0 0 8 0 , 0 0 0 0 0 0 0 0 . .; .; 0 . 0 0 0 0 0 0 0 '8 . 0 .- '- , .. .'- , , .. 0 01 0 0 0 0 0 0 0 0 C 0 0 ~ ~ 0 0 0 0 0 0 C 0 0 0 0 0 0 0 0 0 0 .. .. Cl il 0 w .. > 0 .. ... .. U ... Cl .. ... 15 .. 0 0 0 0 8 0 0 0 0 0 ... 0 0 0 0 0 0 0 0 ~ U . 0 0 0 0 0 0 0 0 0 0 0 (, ... ~ ..., <II ------------ :::> 0 0 0 0 0 0 0 0 0 . ~ 0 0 0 0 0 0 0 0 0 . ... ot , , 0 0 0 0 0 0 0 0 0 . C U . . ... ----------- <II 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ 0 0 0 ~ ~ ~ ~ ... , .; .; C ... , 0 0 0 0 0 0 0 0 .. .. .. 01 U .. "9 :> c u CD .. ... Z 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .; 11 0 0 0 0 0 0 0 0 0 U II > .. 0 ~ .. R:~ c u 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :! .. 0 0 0 0 0 0 0 0 0 0 .. 01 i .. ... 0 w .. :::> o w g .. ... W ~ ... ~~ W 0 l5 ... Q. .. U "' .. o II> ~ ~ -' Z 0 C 0 ~ i -' III C ... U -' ... C C ... W z II> N ~ ... ~ .. W C ... >- .. ... -' .. i ... ~,~ i w w -' 0 ~ Z CD "- W c 8 '" ~ w iil c ~ '" w " II> U ... ... ... 0 0 0 0 0 0 0 0 0 . ;..", 00 :> .. .r. .. .. o .. .. .. .... u U eft U CI CD " .~ ~ ~ ~ I- 0 0 L. p;.~:.u '..." , ' ~ u >- ~ '" ... , .~ ........!.. '" '" .... co g 0 0 0 0 -0 0 0 0 0 " ., " . '. ' N .... ~ o 000 o 0.0 0 oJ. . . 04/02/93 APPLICATION FOR PAYMENT 01027 ~.' ..... 4 -i !- .. e u- c... .~ S e .- .- .. I ; "'0 .... :3 I... ... .. U" <VI o .. . >- ... . .., II . ~l ~ I...U. I... ::J , u~. '" c o A- ~ : ~ : . u , 01...' >- .. . .., A- , ~~: ,- >- ' t,~ : 1....... A- e , .. . ::J CJ ~ -3 ~ .... ~ -3 ~ .... ! i ! .... ... ... ~ ~ ~ -3 .a .a ~ ~ ~ ... ~ .a ~ .... ~ ~ .... . . .. I... ~ I... A- . .. .- ... ~t i~ f': ~~ .111 s~ .. .. _ I... ~ ~ :I;<:J II .. II o :IE: w >- ~ '" o :>> ~. . , ... >- . ..... .a>': : !Se, ~ ! : CJ. o ~ :;: ~ ~ ~ ~ ~ o 000 o 000 .c o o ~ o o o .... a) o 0 o 0 ~ ~ o 0 o 0 ~ ~ o o 11 .. I... '" C . . .. ~ .. A- .gj ..... <:J e .....- il... ..~ ]'" ':" ! S= .0. ~u I... .. 0- :1;0 .. .. .. o It'O o o ~ o o o o o o o o o o o o o o o o o o o o o 0 o 0 o 0 o o o l I... ... C s .. . 0.' I... U III .. ! w .. '" 0 ~ >- ... 0 ;:; '" ! 0[ g ! i ... '" 0[ '" .... U ... .... A- ;S C A- w .. .... .... =? '" w '" w C .... >- '" >- ... .... '" i .... z "" i A- W W < '" ... 0 ~~ ~ Z III ... w 0[ 8 II< ! w ~ C .... '" w .. <:J '" '" u >- .... A- III .. .. ... I... ::J 0 0 0 0 0 0 0 0 0 ~ I... ~ I... ..~ A- I...... U I... 0 11 0 .. 4J ... .. ... .. u u .. ... ... u u .. .. ., .... ... II .t,.; z.~ ~ ~ o..~...~ ~ .r- oO a) ~ ~. I... .0. . . ,-.. 0 0 0 0 0 :~ .. .~.~ti..~ . L'~ I::l. *"?' :Qe .O..&::J.'.O~ 'e> ~ , 0.... .... Q..UUIl:L \I) U .' ~:..'. ~ o o o o o o o o o o o o o o o o 0 o 0 o 0 o o o .~ ":." ." ~ . . , ,. 04/02/93 5 o o o o o o 8 o o o o o o o o o .; o 0 o 0 o 0 o o o o ~ o APPLICATION FOR PAYMENT 01027 MONROE COUNlY c/o MORRISON.KNUDSEN/GERRITS AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NUMBER: _PERIOD ENDING DATE: APPLICATION DATE: KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum $ , to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or sen;ces for the improvement of the following described property: NEW MONROE COUNTY DETENTION FACILITY As part of this PARTIAL RELEASE. THAT UNDERSIGNED HEREBY CERTIFIES the following: THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of S ' as of the date of the Partial Release and the undersigned has received S as payment on the adjusted COlltract 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 scn'ices 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 nL'E AMOUNT CLAIMED REASON FOR NONPAYMENT THAT all taxes imposed by all government agencies have been paid and discharged, THAT all funds have been collected for F,I.C.A and withholding taxes have been properly deposited with appropriate agencies or paid t(, the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those subcontractors/suppliers amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty or \1aintenance Agreement. WITNESS MY HAND THIS day of ,19_, Witness Name of Company Witness Signature, Title .. <II.. ....... ..... '.:. . " . .. .. ; ~..' .:-... tI..-.;. .' ..., " . 03/04/92 APPLICATION FOR PAYMENT 01027 - 6 SBCTION 01028 CHlUfGE ORDBR PROCEDURES PART 1 - GENERAL 1 SUMMARY A. section includes: 1. Promptly implement change order procedures. a. Provide full written data required to evaluate changes. b. Maintain detailed records of the work done on a time and material/force account basis. c. Provide full documentation to the Construction Manager with each request. 2. Designate in writing the member of the Contractor's organization authorized to accept changes in the Work. 3. The Owner will designate in writing the person who is authorized to execute Change Orders. B. Related requirements: 1. Agreement: The amounts of established unit prices. 2. Agreement: The amounts of established allowances. 3. Conditions of the Contract, Article 12 of the General Conditions: a. Methods of determining cost or credit to the Owner resulting from changes in the Work made on a time and material basis. b. The Contractor's claims for additional costs. 2 DEFINITIONS A. Change Order, AlA Document G701/CM: Refer to the General Conditions. B. Construction Change Directive: A written order to the Contractor, signed by the Owner, MK/Gerrits and the Architect, which amends the Contract Documents as described, and authorizes the Contractor to proceed with a change which affects the Contract Sum or the Contract time, for inclusion in a subsequent Change Order. " ' .... .3.. ._ . ". ~ . ... .. '".; " : ~ ~ '" .' .. , .. .' .':.'. ; . '. .: ".:: .,. . . .... .',: t .. .. . ~ '.... .:. .' 04/02/93 CHANGE ORDER PROCEDURES 01028 - 1 3 PRELIMINARY PROCEDURES A. A change may be initiated by submitting a Proposal Request to the Contractor. Request will include: 1. Detailed description of the change, products and location of the change in the project. 2. supplementary or revised Drawings and specifications. 3. The projected time span for making the change, and a specific statement as to whether overtime work is, or is not, authorized. 4. A specific period of time during which the requested price will be considered valid. 5. Such request is for information only, and is not an instruction to execute the changes, nor to stop the Work in progress. B. The Contractor may initiate changes by submitting a written notice to the Construction Manager containing: 1. Description of the proposed changes. 2. statement of the reason for making the changes. 3. statement of the effect on the Contract Sum and the Contract Time. 4. statement of the effect on the Work of separate contractors. 5. Documentation supporting change in the Contract Sum or the Contract Time, as appropriate. 4 CONSTRUCTION CHANGE DIRECTIVE A. In lieu of proposal Request, a Construction Change Directive may be issued for Contractor to proceed with a change for subsequent inclusion in a Change Order. B. The Construction Change Directive will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the change, and will designate the method of determining a change in the Contract Sum and change in the Contract Time. C. The Owner, Construction Manager, and the Architect will sign and date the Construction Change Directive as authorization for the Contractor to proceed with changes. D. At completion of the change, submit itemized accounting and supporting data as provided in the Article "Documentation of Proposals and Claims" of this Section. . _," ..... i. a_... . .," '.,. .. .' ,. " , , '!. . .,: c.: .". . ~ . ".-. eo. 04/02/93 CHANGE ORDER PROCEDURES 01028 - 2 E. The allowable costs of such work will be determined as provided in the General Conditions and Supplementary Conditions. F. The Owner, Construction Manager and Architect will sign and date the Change Order to establish the change in the Contract Sum and in the Contract Time. G. The Owner and the Contractor will sign and date the Change Order to indicate their agreement. 5 DOCUMENTATION OF PROPOSALS AND CLAIMS A. support each quotation for a lump-sum proposal, and for each unit price which has not previously been established, with sufficient substantiating data to allow evaluation of the quotation. B. On request provide additional data to support time and cost computations: 1. Labor required. 2. Equipment required. 3. Products required. a. Recommended source of purchase and unit cost. b. Quantities required. 4. Taxes, insurance and bonds. 5. Credit for the work deleted from the Contract, similarly documented. 6. Overhead and profit. If the Contractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%). If the Subcontractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%). If the Contractor does not enter into the Work, the maximum mark-up for managing this work will be ten percent (10%) . If the Subcontractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%) on his direct work only. If the Contractor performs part of the actual work, his percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (15%) on his direct work only. 7. Justification for change in the Contract Time. .. . . ..... ., .0 :." ....: .' . . . .. ...... . ..... ........ . :-. . _ . eo .'. . e. ..' "II ~ '. .....11 '" e. ... 04/02/93 CHANGE ORDER PROCEDURES 01028 - 3 C. Support each claim for additional costs, and for the work done on a time-and-material/force account basis, with documentation as required for a lump-sum proposal, plus additional information: 1. Name of the Owner's authorized agent who ordered the work, and date of the order. 2. Dates and times the work was performed, and by whom. 3. Time record, summary of hours worked, and hourly rates paid. 4. Receipts and invoices for: a. Equipment used, listing dates and times of use. b. Products used, listing of quantities. c. Subcontracts. 5. signature of Construction Manager's superintendent, concurring with quantities. 6 PREPARATION OF CHANGE ORDERS A. The Construction Manager will prepare each Change Order. B. Change Order form: AlA Document G701/CM. C. Change Order will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the change. D. Change Order will provide an accounting of the adjustment in the Contract Sum and in the Contract Time. 7 LUMP-SUM/FIXED PRICE CHANGE ORDERS A. Content of Change Orders will be based on either: 1. The Proposal Request and the Contractor's responsive Proposal as mutually agreed between the Owner and the Contractor. 2. The contractor's Proposal for a change, as recommended by the Architect or Construction Manager. B. The Owner, Construction Manager and the Architect will sign and date the Change Order as authorization for the Contractor to proceed with the changes. c. The Contractor may sign and date the Change Order to indicate agreement with the terms therein. . ". . .'. ...... .. ~.. .". .... . . . . .... '"0.. .. 0" .rf .0 "...": . "0:' I: .!I... '." . . ~ . 04/02/93 CHANGE ORDER PROCEDURES 01028 - 4 8 UNIT PRICE CHANGE ORDER A. The content of the Change Orders will be based on either: 1. The definition of the scope of the required changes. 2. 3. B. The 1. 2. The Contractor's Proposal for a change, as recommended by the Architect, or Construction Manager. Survey of completed work. amounts of the unit prices to be: Those stated in the Agreement. Those mutually agreed upon between the Owner, Architect and the Contractor. C. When quantities of each of the items affected by the Change Order be determined prior to start of the Work: 1. The Owner, Construction Manager and the Architect will sign and date the Change Order as authorization for the Contractor to proceed with the changes. 2. The Contractor may sign and date the Change Order to indicate agreement with the terms therein. D. When quantities of the items cannot be determined prior to start of the Work: 1. A Construction Change Directive will be issued directing the Contractor to proceed with the change on the basis of unit prices, and will cite the applicable unit prices. 2. At completion of the change, the cost of such work will be determined based on the unit prices and quantities used. 3. The Owner, Construction Manager and the Architect will sign and date the Change Order to establish the change in the Contract Sum and in the Contract Time. 4. The Contractor will sign and date the Change Order to indicate their agreement with the terms therein. 9 CORRELATION WITH THE CONTRACTOR'S SUBMITTALS A. Revise Schedule of Values and Request for Payment forms monthly to record each change as a separate item of the Work, and to record the adjusted Contract Sum prior to submission of Application for Payment. ...00 .. .. ~.-:. : .. . . ' ..... .' ," . ... .10 .0 . . .0.0 . . . : " .eo .","' ....., ...00 04/02/93 CHANGE ORDER PROCEDURES 01028 - 5 8 UNIT PRICE CHANGE ORDER A. The content of the Change Orders will be based on either: 1. The definition of the scope of the required changes. 2. 3. B. The 1. 2. The Contractor's Proposal for a change, as recommended by the Architect, or Construction Manager. Survey of completed work. amounts of the unit prices to be: Those stated in the Agreement. Those mutually agreed upon between the Owner, Architect and the Contractor. C. When quantities of each of the items affected by the Change Order be determined prior to start of the Work: 1. The Owner, Construction Manager and the Architect will sign and date the Change Order as authorization for the Contractor to proceed with the changes. 2. The Contractor may sign and date the Change Order to indicate agreement with the terms therein. D. When quantities of the items cannot be determined prior to start of the Work: 1. A Construction Change Directive will be issued directing the Contractor to proceed with the change on the basis of unit prices, and will cite the applicable unit prices. 2. At completion of the change, the cost of such work will be determined based on the unit prices and quantities used. 3. The Owner, Construction Manager and the Architect will sign and date the Change Order to establish the change in the Contract Sum and in the Contract Time. 4. The Contractor will sign and date the Change Order to indicate their agreement with the terms therein. 9 CORRELATION WITH THE CONTRACTOR'S SUBMITTALS A. Revise Schedule of Values and Request for Payment forms monthly to record each change as a separate item of the Work, and to record the adjusted Contract Sum prior to submission of Application for Payment. .. t. 'O. .. ~.-:. . .. . . .. .. ,.. ..... .' ... ,0. ., ,00 . . . :ot' :.."~ ..... ...ot 04/02/93 CHANGE ORDER PROCEDURES 01028 - 5 B. Revise the construction Schedule to reflect each change in the Contract Time prior to monthly submissions. Revise subschedules to show changes for other items of work affected by the changes. c. Upon completion of the Work under a Change Order, enter pertinent changes in Record Documents. ********************* END OF SECTION 01028 . '. .' . . '. .. . -. ...... .. .' ~. :.. . . '. .i; : _, . : ..: .... .; '. 04/02/93 CHANGE ORDER PROCEDURES 01028 - 6 SBCTION 01200 PROJBCT MEBTINGS PART 1 - GENERAL 1 SUMMARY A. section includes: 1. Project meetings 2 The CONSTRUCTION MANAGER'S RESPONSIBILITY A. Construction Manager shall schedule and administer pre- construction meeting, periodic progress meetings, and specially called meetings throughout progress of the Work. 1. Prepare agenda for meetings. 2. Provide notice of each meeting four days in advance of meeting date, or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. c. Furnish three copies of minutes to the Architect. B. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. c. The Architect and the Owner's Representative may attend meetings to ascertain that the Work is expedited consistent with the Contract Documents and construction schedules. 3 PRE-CONSTRUCTION MEETING A. Location: A central Site designated by the Construction Manager. .. ~. , .. . '. . . " . I'.. "~I : o. .'. . '.' '.- ." ," .' .' . ...:" . . ":.:. I' ~ . ,'. , " 04/02/93 PROJECT MEETINGS 01200 - 1 B. Attendance: 1. The Owner's Representative. 2. The Architect and his professional consultants (as required). 3. Construction Manager. 4. The contractor's superintendent. 5. Major subcontractors. 6. Major suppliers. 7. others as appropriate. C. suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. projected Construction Schedules. 2. critical Work sequencing. 3. Major equipment deliveries and priorities. 4. project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Proposal requests. c. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of the Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Office, work and storage areas. b. The Owner's requirements. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Safety and first-aid procedures. 12. Security procedures. 13. Housekeeping procedures. 14. Distribute meeting minutes within (3) days. 4 WEEKLY PROGRESS MEETINGS A. The Contractor's Project Manager and/or Superintendent shall be required to attend a weekly scheduling meeting. B. Location of the meetings: Office of the Construction Manager. .- ." . ~ . ..: "'._ '.: 0.."': o. . . .0.. .0 . . . . 0_ ,.' .. .I, '0 . ~....... "t/ ,', '. .. . 04/02/93 PROJECT MEETINGS 01200 - 2 C. Attendance: 1. The Architect and his professional consultants as needed. 2. Contractors as appropriate to the agenda. 3. Suppliers as appropriate to the agenda. 4 . Others. D. Suggested Agenda: 1. Review of Work progress since previous meeting. 2. Field observations, problems, conflicts. 3. Problems which impede Construction Schedule. 4. Review of off-site fabrication, delivery schedules. 5. Corrective measures and procedures to regain projected schedule. 6. Revisions to Construction Schedule. 7. Progress, schedule, during succeeding Work period. 8. Coordination of schedules. 9. Review submittal schedules. 10. Maintenance of quality standards. 11. Pending changes and substitutions. 12. Review proposed changes for: a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the Project. 13. Other business. 14. Distribute meeting minutes. ******************** END OF SECTION 01200 .. ... .., , .. ;.... '.' ..' .. '.., . ....... . .... .. . . .... : .. "... ~ 04/02/93 PROJECT MEETINGS 01200 - 3 . J .~ 8J1C11t:0Jf 01301 SUBXITTAL8 PART 1 - GENERAL 1.1 SUMMARY A, section includes: 1. Submit to the Construction Manager, shop drawings, product data, certifications and samples required by the technical sections. 2. Prepare and submit a separate schedule listing dates for submission and dates for review. B. Related sections: 1. Section 00750 - GENERAL CONDITIONS 2. Individual submittals required: refer to each specific section, for certifications, shop drawings, product data and sample requirements. 1.2 SUBMITTAL TRANSMITTAL FORM A. Attached, and made a part of this section 01301, is a copy of the submittal Transmittal Form, which shall be filled out by the contractor and submitted with each and every submittal. Follow the instruction sheet, also attached, for directions on this procedure. It is essential that the submittal Transmittal Forms are filled out in their entirety for the system to function properly. B. Transmittal Form, originals for contractors use, will be supplied by the Construction Manager, and is a 6- part form. 1.3 SUBMITTAL SCHEDULE A. The Contractor shall submit within seven (7) days of award of the Contract a preliminary "Submittal Schedule" to the Construction Manager for review, modification and response. No payment applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information: 1. Specification Section number and name. 2. Specification Section paragraph identification which describes submittal requirement. " . " . 'If . . , .... .. ..... ." " ,. " .~.-' .' . , . " '-." . 04/02/93 SUBMITTALS 01301 - 1 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). B. The Contractor shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted and received by the Construction Manager. 2. Date contractor has scheduled to order material or equipment or the submittal item. 3. Date contractor has scheduled delivery to jOb-site of material or equipment or the submittal item. 4. Add any remarks or unique items that the CM or A/E should be aware of. C. The Contractor shall allow a minimum of (2) weeks for review of submittal by A/E (in calendar days). D. The submittal master record will then be used to track submittals within the process. 1.4 SHOP DRAWINGS A. Submit legible shop drawings in the form of positive printing reproducible transparencies, commonly called sepia prints, suitable for reproduction use on dry print diazo type machines. Sepia prints which cannot be reproduced will be returned to the Contractor for re-submittal. B. Provide shop drawings as complete submittals (no partial sets) on original drawings or information prepared solely by the fabricator or supplier. Deviation from complete submittals will only be allowed by pre-arranged method. C. Do not reproduce the Contract Drawings for shop drawing submittals. D. Sheet sizes shall not exceed the size of the Contract Drawings. E. Each sepia print shall have blank spaces large enough to accept 4" x 4" review stamps of the Architect and the Contractor. F. Each sepia print shall carry the following information: 1. Project name and contract number. 2. Date. .; ", . . ". ," .. .' ... " . ., . ~... . . '. , .. " .' ' 04/02/93 SUBMITTALS 01301 - 2 3. Names of: a. The Architect b. The Construction Manager c. The Contractor d. Supplier e. Manufacturer 4. Identification of product or material. 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly stated as such. 7. Specification section number. 8. Applicable standards such as ASTM or Federal Specification. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and/or detain number. G. Submit sepia prints without folds either as flat sheets if size permits, or rolled in tubes. H. The contractor shall submit (2) reproducibles and (4) blueline or blackline sets to the CM. The CM will return (1) reproducible to the contractor after review/return from the A/E. 1.5 PRODUCT DATA A. Product data such as catalog cuts, brochures or manufacturer's sheets may be submitted in lieu of sepia prints if adequately identified. Submit seven copies of product data to the Construction Manager. B. Modify product data sheets to delete information which is not applicable to the Project. Provide additional information if necessary to supplement standard information. C. Product data sheets that are submitted with extraneous information not deleted and/or modified will be returned without review to the Contractor for re- submittal. D. The contractor shall submit at a minimum, (1) original and (6) copies to the CM. The CM will return (2) copies to the contractor after review/return by the A/E. ._ e. . ...... .. . ,. 00 '. . .. " '.' " . .... .' . ,. .. e.. .... .. . 04/02/93 SUBMITTALS 01301 - 3 1.6 SAMPLES A. Provide samples to illustrate materials, equipment or workmanship, and to establish standards by which completed work may be judged. B. Construct mock-ups as required by the technical sections, at the Project site in a location designated by the Construction Manager. Construct mock-ups, including adjacent work required, to demonstrate the final appearance of the Work. C. The contractor shall submit (3) samples to the CM, and (1) will be returned to the contractor after review/return from the A/E. 1.7 CERTIFICATIONS A. Provide certifications as required by various technical sections on the contractor's letterhead stationary. certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the owner/Contractor agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents. Attach manufacturer's affidavits where applicable. C. The contractor shall submit (1) original and (6) copies to the CM. The CM will return (2) sets to the contractor after review/return from the A/E. 1.8 THE CONTRACTOR'S RESPONSIBILITIES A. Before making submittals to the Construction Manager, review each submittal, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to the Construction Manager for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to the Construction Manager. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. '. .. . -;.. . -: ,: , . ... .... .;. ", . 0" . .. . , , 04/02/93 SUBMITTALS 01301- 4 ~. . C. Verify field measurements and product catalog numbers or similar data. D. clearly identify on the submittal and transmittal to the Construction Manager in writing of deviations in submittals from the requirements of the Contract Documents. E. After the Construction Manager's and the Architect's review, distribute copies with one copy to be maintained at the Project Site for reference use and other copies distributed to suppliers and fabricators. F. Do not begin the Work which requires submittals until return of submittals with the Construction Manager's and the Architect's stamp and initials indicating review. G. The Contractor's responsibility for errors and omissions in submittals is not relieved by the Construction Manager's or the Architect's review of submittals. H. The Contractor's responsibility for deviations in submittals from requirements of the Contract Documents is not relieved by the Construction Manager's or the Architect's review of submittals unless the Architect gives written acceptance of specific deviations. 1.9 THE CONSTRUCTION MANAGER'S RESPONSIBILITIES A. The Construction Manager will return to the Contractor, without review, all submittals not bearing the Contractor's review stamp or not showing it has been reviewed by the Contractor. B. After the Architect's review, the Construction Manager will forward submittals to the Contractor and retain one copy for the Owner. The Contractor shall distribute copies including other copies distributed to suppliers and fabricators. The Contractor shall supply copies of reviewed submittals to the Construction Manager in sufficient quantity to allow proper coordination of the Contract. 1.10 THE ARCHITECT'S RESPONSIBILITIES A. The Architect will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with information given in the Contract Documents. , ., .' , ;~. . ~ ~. .. ',' . , 'o~ , .' . 0 .~. .' 0 . . ," . eo., .". .". ... ~:~ . ~ .. , 04/02/93 SUBMITTALS 01301 - 5 B. The Architect will make changes or notations directly on the submittal, identify such review with his review stamp, obtain and record the Architect file copy and return the submittal to the Construction Manager. **************** END OF SECTION 01301 ,- .- . . . .. .... . .. , . '. ." . . ... . . ;.. , ~ '. 04/02/93 SUBMITTALS 01301 - 6 OJ 1: ~ :J ~ E D :J rJ) ~ ., z :J Ci 'i;j o E t! Cl e Q. III - c: G) E E ... ~ 0 eu. Q.- E ta -- - ~'E Q.f/) C'G c Uta ~.= ~ o o G) e c: o :E . '. C> ii a. E 8 :J ~ E D :J <Jl ., a: :J c5 z -' ~ ~ rJ) z <: a: f- 04/02/93 ~ o a: I.L ~~ a:o ",,,, 0)'" "'-' :gu. u-- .<Jl ~., Cl'3: ;;:~ >- ~~~ ~ o Z .oJ ~ ~ rJ) z <( a: f- rJ) ::> o ;; w a: a. z o fi u 9 o(l w ~ ~ ~t= cl3 ~w '" , ~~ a: II.. c5 z u w (J) z o fi u u: t3 w a. rJ) ~ 'G ~ g o .9 C C> (J) '" 'i;j o W < E g "0 ., > CD u '" a: '" ;;; o Iii < >- D "0 '" > 'CD u '" a: '" ii o Iii < .9 "0 ~ E II> C .. F III i;j o o u !!' C o u E g .., '" > CD u ., a: ., i;j o I- Z W ~ ::) g w () z w C( W LL W C( t; <: C( I- Z o () rJ) I.LW Oil: ..0 u o W l: ~...,. 1Xl~ ::>'" {J)"'; ;:!;- w'" f-~ ~E 0"; z!:! o~ -'" f-Q. ~~ U (J) w o ~~w _~o Ciia..8 c:~ I w u z 0<( ir ~ r:; c: c5 z Cl 3: o ~ W ;; W a: !'> f- Z W o z W f- Z C[ W Cl. ::> (J) Cl ;;: ~ g- c5 z -<. a: ~ W II.. ~ Ci 'i;j o .. ~ w t: (J) :.: a: <: ~ w a: ~ :; 'i;j c 0) (i) o(l ~ .= Ii E .. ~ w < '. " ' SUBMITTALS 01301 - 7 I ~ I ts - · !5 e ! Iii 'i ~eR . g · D I> ~~ !~.s ~! Q.j" ~.. %cj .,ca CI)~c ~ ~ O! .~ 00. g ~= ~& !~.8 _ u - CI:l 0 E!! .; g ~ - .g~30::! (/);:~oE: ~E'6::~~ 'i z ~ (I) ! "en E _ '"- ~ '1J C ::l ."=~~='iOc: "'~'::-E"O~~ ~cQ)~.oc~= !~~~~:g~ c: ~ ~ ~ .~ ~ ~ ; 8C.5.5BZQ.F ~"':NM . '" < '. . : . 01301 8 ,~ I~ il II I, ~ 0) :'Sli I 1'1,~ I'; 1"'-_' I;:; !I;: ~" li~ _ P I!f 8 , . ~ .. ~ ~ l " , , 8 ~ ; ~ I z , , 8 E l! r A. . 1 E [~ E · -= ~E ..... ~c ~~ c :;J o o ~ c o :E i~ P 'i.;: 0_ ~i h 04/02/93 i ! ~ . . XI[ ~ ii XQ. .. x ~ X. XF .. <5 u ~ Xc x ::I xU u ., x e Xll. .t .. I !i!~ i! ~i I> $- =~ i- ~i ~ ijll~ .li 0 ..~ z! ~l ti~~t ~ ~~ . .~='Q.o "I>j,l ~ _,.: 't E li ~ i ~ !i C; ~ o QC- ~D....=. ~ ~ ~II ~~.!:~ .~~ ~~~ ~ ~~~ i~~=~ ~~~ "O;~ ~ 'D~ .cc" o~ cc~ o X~ :Ecoo ~~~. ..: ~ :~ &.~.2i'~ ~ :~! ~e!>. ......0. "c~'Q. 1>0- c.~Q.Q. C Q. ~-F~ ~: ~~-E ~Q.5~8 o - C~~~ . u €;~N~_c~E g..C g~~g~ E e.-'~"O~~ -~~~ ~~ ~-~ g Q.~og~.!~~':: g'oc:; g. ..8 g-g-g ~~ , __~ CD U ~ . ~ ~ ,g u ~ i5,g. .s'" OlC\\~ E _ ~ - .': '0 !!~"08-E-~~.C ~ ~:~"O~o -- ~~5 .D=~~~ n~~~ ~Q_2~~~ ~ .~ -:: E ;! ~ ~ (/) 0.:= ,,~~ ~ ~ E ~ .. 0 .~ -8; ~~~ !~~~! c~~Q~~~tt~~ ,~ CC~ c-S-E gi~~%~~~,~E~ ~~~~~~~~~~o~ '~o~~e~o~~E: 1~~~~~D~~O~g~~~~G~'ij~~Eg G~~=~~~~~~~~~c~~&~~t-~o~ ~~~~=~J=~.5z<,::c~Z(/)~CI[~~U~ C ~~~~~~~~ ct8 .0 . .., ......,,- @ (@ ~ ,~ ,> @ ~ . , e ~ j- Ii ~. ~i ~~ :i 15 @ I~ ,e ~ i;8~ - 1 =. ~ ,~ ! @ ~ @) " " , " , .' SC'BMITTALS I ~ E g I o g '"' ~ o 0 "2 . u ~ .! w ~ .- . ,< c ~ ~~~8~ ...::S.S c5 . =5"0'0.- U .::.;!lolDl>c ~ t:;:==EEQ) c ~~~~==-g 0 _cCtf')!!! ,U ; ~ ~ ,!! ,~ .!!.S .~ 12 ~~~Cii(ijtijCi; ="'0 ~ ~~.==,==.~ ga)~ ~ ~~Q.~~~(/)~"!!~ c ; E ~ i i .~ g ~ ! ~-8::~~Q.~-~ "E g ~ !! ~ ~ .~ 8 ~ 8 ~oClClClCll5co. ....:JJt fl)CJ~ )-c ....lD~~ lDa:.,;~~~~~iD~ cD "C ~ '5 CT ~ ~ - ~ 'E"C ~ e enD.! ::l ~ UJ::lO II) nl cll);"O~ 0 olQnl~"C c: o"O"Ooc: "C ..J a> a> a. nl Q) ....><ta.a> ~ ~O~nlll)"'Q) O a. a. - '> Q) '> a: a.a.0 Q)-E Q) a.<<za:oa: a. <<CO()OeJu. .?' w .2 :< '5 '$ ~ l .~. '; 0. ~ ~ 0.::>- . co'Eg- Cl.!! .f/J C U ca;' w <;;1 >- c;,_.:<"'~ Ce "8 - .'" ~ W.,UOWlll ~~(ij!<~ ~~~~o~ .I: ~ Q~ ~ ~ ~Cl~ii)ClB lii::~l!ilEi~ e,j <Il c: .2 iii u ~ "iO II) ::l 0> 0 em ~cn -...... .~ iii 0 c: <Il <Il tll 0 II) _ .2 :E tll x ::i ~ o 0>(1) tlliiiciii~"iO.g en a..Q c..g :; tll 0 ... '': a> WotllEtut:-.!.!u o..c:iiinlIV"iOtllll)-tlle O(l)()(I)()():;:{E~~o.. o w ~OO < 0 "'(I)()(I)()():;:I--l~o.. .' SECTION 01310 PROGRESS SCHEDULES PART 1 - GENERAL 1..1 SUHMARY A, section includes: 1, Progress schedules 2. Revisions to schedules B. Related sections: 1, SCOPE OF WORK c. Description: 1. Progress Schedules: Promptly after award of the Contract, prepare and submit to the Construction Manager, construction progress schedules for the work, with subschedules of related activities which are essential to its progress. Also incorporate manpower loading related to each activity on the construction schedule. 2. Revisions to Schedule: Submit revised/updated progress schedules with each payment application. 1. .2 FORMAT A. Prepare Progress Schedules as a horizontal bar chart with separate bar for each major portion of Work or operation, identifying the first work day of each week. B. Include numeric manpower loading associated with each horizontal bar, clearly defined. C. Scale and spacing: to provide space for notations and revisions. D, Sheet size: minimum 8-1/2" x 11". 1 . . 3 CONTENT A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. "," '"... . SO ... .:. 0.: SO . .' , . . . :. so... ." .. SO , . " , 0.' ..... 04/02/93 PROGRESS SCHEDULES 01310 - 1 B. Identify work of separate stages and other logically grouped activities. C. Provide sub-schedules to define critical portions of the entire schedule. D. Submit separate schedule of submittal dates for shop drawings, product data, and samples, including the Owner furnished products and products identified under allowances and dates reviewed submittals will be required from the Architect. Reference section 01301 - Submittals. 1..4 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes, 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1,.5 SUBMITTALS A. Submit initial schedules within (3) days after award of Contract. 1. The Construction Manager will review schedules and return review copy within ten (10) days after receipt. 2. If required, re-submit within seven (7) days after return of review copy. 3. Submit revised Progress Schedules with each Application for Payment. 1..6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. ~ , ",- .. .. . . 04/02/93 PROGRESS SCHEDULES 01310 - 2 3. Other concerned parties. B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. Note: It is not incumbent upon the Construction Manager to notify the Trade Contractor when to begin, to cease, or to resume work nor to give early notice of faulty or defective work, nor in any way to superintend so as to relieve the Trade Contractor of responsibility or of any consequence of neglect or carelessness. ************** END OF SECTION 01310 .. ..... .".. . . .. .. . . ' 04/02/93 PROGRESS SCHEDULES 01310 - 3 SECTION 01370 SCHEDULE OF VALUES PART 1 - GENERAL 1..1 SUMMARY A. section includes: 1. Schedule of Values allocated to the various portions of the Work, submitted within three (3) days after award of the Contract. 2. Upon request of the Construction Manager, support the values with data which will substantiate their correctness. 3, The Schedule of Values, unless objected to by the Construction Manager, forms the basis for the Contractor's Applications for Payment. 1..2 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on AlA G703 Form; the Contractor's standard forms and automated printout will be considered by the Construction Manager upon the Contractor's request. Identify schedule with: 1. Title of Project and location. 2. The Architect and Construction Manager. 3. Name and Address of the Contractor. 4. Contract designation. 5. Date of submission. B. List the installed value of the component parts of the Work (broken down into labor and material and physical location) in sufficient detail to serve as a basis for computing values for progress payments during construction. C. Follow the Specifications as the format for listing component items. 1, Identify each line item with the number and title of the respective major section of the Specifications. D. Itemize separate line item cost for each of the following general cost items: 1. Mobilization. 2. Bonds, Insurance and Permits. 3. General Conditions spread over project duration on monthly basis. 4. Clean-up. ,", 5.- Qubmitt,als," .- ..' .... '. -"... ..-.: . ... .. . , , '. .. " . , ' .... :.' .. ~ '" 04/02/93 SCHEDULE OF VALUES 01370 - 1 6. Safety. E. For each major line item list sub-values of major products or operations under the item. 2. the various portions of the Work: Include a directly proportional amount of the Contractor's overhead and profit for each item. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. b. The total installed value, Submit a subschedule for each separate stage of work specified in section 00300. F. For 1. 3. G. The sum of values listed in the schedule shall equal the total Contract Sum. 1..3 SUBSCHEDULE OF UNIT MATERIAL VALUES A. Submit a subschedule of unit costs and quantities for: 1. Products on which progress payments will be requested for stored products. B. The form of submittal shall parallel that of the Schedule of Values, with each item identified the same as the line item in the Schedule of Values. C. The unit quantity for bulk materials shall include an allowance for normal waste. D. Provide unit values for the materials as follows: 1. Cost of the material, delivered and unloaded at the site, with taxes paid. 2. Installation costs, including the Contractor's overhead and profit. E. The installed unit value multiplied by the quantity listed shall equal the cost of that item in the Schedule of Values. 1..4 REVIEW AND SUBMITTAL A. After review by Construction Manager, revise and resubmit schedule (and Schedule of Material Values) as required. B. Resubmit revised schedule in same manner. ************* END OF SECTION 01370 04/02/93 SCHEDULE OF VALUES 01370 - 2 SECTION 01385 DAILY CONSTRUCTION REPORTS PART 1 - GENERAL 1 . . 1 SUMMARY A. Section includes: 1. Requirement for Daily Construction Reports by each Contractor. 2. Scheduled submission times for Daily Construction Reports. 1,,2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS 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. Contract designation. Note any major Shipments received on that particular day. Note major equipment used that day. 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. Note any deficiencies in your work, and corrective actions taken to resolve the deficiencies. 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. .. .. ~:.. :.".. .. ...... .. '. .' .':'! .~ A. 4. 5. . . 6. 7. 8. 9. .. ...... '. , . , , " . .,.. 04/02/93 DAILY CONSTRUCTION REPORTS 01385 - 1 1..3 SCHEDULE OF SUBMITTING DAILY REPORTS A. Daily Reports are to be submitted at the designated location described in the pre-construction meeting. Contractors are to submit the original of their report, and should keep a copy for their records. The Construction Manager's photocopying facilities are not to be used in the reproduction for submission of the reports. B. Submit Daily Reports no later than 9:00am the day following the day of the work described in that particular report. No exceptions to this rule will be accepted. Should contractor fail to comply with these instructions, the contractor's payment application for the following month will be held in abeyance until such time the contractor properly submits the delinquent reports. ************* END OF SECTION 01385 , " . ~. 04/02/93 DAILY COl:STRUCTION REPORTS 01385 - 2 SECTION 01395 DOCUMENT CLARIFICATION REQUESTS (DCR) PART 1 - GENERAL 1,1 SUMMARY A. Section includes: 1. Notification of Construction Manager in the event errors, field conflicts, and omissions are found in the Contract Documents, or clarifications are necessary. 2. utilization of DCR form. B. Related Sections: 1. General Conditions Article 2.3 2. General Conditions Article 8,3.2 3. General Conditions Article 12.3 1.2 FORM AND CONTENT OF DOCUMENT CLARIFICATION REPORTS A. All errors, field conflicts, and omissions in the Contract Documents shall be brought to the attention of the Construction Manager immediately. If clarifications are necessary, the request is to be conveyed to the CM. The DCR is a tool established to provide expedient clarifications of contract drawings, specifications or field conflicts. It is not meant to be a substitute for good communication. B. The DCR is not meant for formal notification of extra work. Reference General Conditions paragraph 8.3.2 and 12.3, when formal correspondence is required for formal notification of time extensions, and for cost change notifications. C. The contractor should propose a solution, and enter on the form in sufficient detail necessary for the A/E or CM to confirm the contractor's proposed solution. D. The contractor is also required to mention all other trade work which is affected by the problem, and all trade work which will be affected by the proposed solution. . . e. -..:'.: o. .. ... . ." e. o . . '. .:.. . " . . .... .... . . ... ,. 04/02/93 DOCUMENT CLARIFICATION REQUESTS 01395 - 1 1.3 UTILIZATION OF DCR FORM A. The eM 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 , . 04/02/93 DOCUMENT CLARIFICATION REQUESTS 01395 - 2 DOCUMENT CLARIFICATION REQUEST No. From: To: Morrison-Knudsen/Gerrits Contract No, p, O. Box 5283 Key West, FL 33045 Receipt (305) 292-7845 Logged: Problem By: O\\'g/Spec No,/Re\isionJDetai1lSect No, AlE Project No, Civil StruclUral ArchileclUral Security PLB HVAC Electrical Specs , Subject: Problem & suggested solution: I MKJG Re\iew: Solution: Solution by: TD3Ie: I MKJG: I Date: )CRUI :: :.... j . ~ ':-... ". .t ' , " . . . . ,.. .., : 0" . " 04/02/93 DOCUMENT CLARIFICATION REQUESTS 01395 - 3 DOC\JMo.-r ClARlnCAnON UQIJEST No (& From To' M~uudw'fl,(ic:mu (.ofttrln ,,",0 (~ ~ P. O. .. 'ZA.' Kn ....... F1. l)()O' Receipt ~, 13051 292.l&4~ ~., PTobkm B,- \2- D-I.'\fI<< JiIio~t)InW-'kc't ...., 4'1 ""-' ~ '.10' ("1 .~ OW ~1"tCt...1 ~"II ><ron" rUl HVA,C .....-, -- - i~) ",.,.. . ......... ...... - ('1 1""K.(j~ \1}. - l'l....' -.r>. 115 IQo.,. (1J, , II!lf& 1/1- 1"""- ' l!l >UUl1 1, rn>a: The 0CJl ..111 alv.ys be frOll the pri.e contrlctor, .w.cont.r.ctor. t.o the pri_ cont.r.ctor .Mll aubait 0C1t' a throuth their priM cont.rartor, 2, Proltl_ IYI Thia c.n be U.e .u!>eoftt.r.ct.or, or t.he pri.e contr.rtor, or the eatabliahacl pri.. contr.ctor repre.entativa, or the est..blhhacl aubcontractor repre.ent.at.iva, ), contr.rt No,: This is the epproved cont.ract, cont.r.ct. nU&l:>a l' , 4, Dravinq No,: Here insert IS such info....tion .s possible to describe the loc.tion in the contrect docu.enta of t.he p&rticular proble. you are ..kinq clarific.tion, Include revision level of drl..inqs, and date. Include det.il nueber., include section nU&l:>ar., include spacific.t.ion section nuaber., paragraph loc.tion., all a. applicable, 5, Civil. Structural. etc,: Here note the particular division of vork the OCR applies to, 6. Subject: Here insert brief, clear, concise caption subject, vhich is representative of problem area. 7. Problem' Suggested Solution: Describe in as .uch detail as necessary, the proble. to vhich clarification is needed, If additional space i_ needed, add extra _h.ets to back, and reference attachment. in this area no, 7, Drav sketches if necessary, Make photocopy of particular drlv1ng detail and attach if necessary, B, By Morrison-Knudsen/Gerrits: 8, OCR No,: Numbers ..ill be assigned as follovs: xx- ProJect xxx- Contractor No, XXX Sequentl al No, For instance, the first OCR from the contractor ot Contract No, 001 on the Nev Detention Facility, vould be: KJ-OOI-OOl As another example: The seventh consecutive OCR logged on the Nev Detentlon Facllity, vas received from the contractor of Contract No, ODS, vould be: KJ-005-007 9, Receipt Logged: This vlll be the date received by the eM from the contractor, and vill serve as the reference date, 10, A/E Project No,: The A/E's project number vill be inserted here, vhere and vhen applicable, 11, KK/C Reviev: This viII be the signature or initials of the Construction Manager, upon reviev of the problem, vith the date of sign-off, 12, MK/C Reviev: This vill be the signature or initials of the Construction Manlger, upon reviev of the solution. 13. Date: off. ThlS vill be the dlte of MK/C reviev and sign- C, By Architect/Engineer: 14, Solution: The A/E vill here insert the solution to the proble., or ansver 1n sOlie other fashion the cllrification being requested. The AlE lIay herein conflrll the contractor's proposed Solutlon. 15. Solution By: The entlty provldlng the solution 15 to sign here. This lIay be the Constructlon Manaqer ...hen panicular clarifications are being requested that can be ansvered by the eM. Othe1"o'ise, it vill be the A/E representative. 16, Date: This vill be the date of sign-off, or ansvering the OCR by the AlE. D, Part-By-Part Distribution of 6-part OCR for:::: e. When the contractor subz:its OCR, he will retain Goldenrod copy, b. When received by the contractor, ell vill retain tl.nII copy, c. The OCR then is sub~itted to the AlE, Once answered, the AlE returns to ClI. but re~ains ~ copy, d. CM reviews answer, anc sends ~ copy back to cont::-actor. C~ wil: r~t.aln original ~"hite copy for otf:~e ~lle;. 3;'= ~ ::;: -.~~ go t.F :~e Jc~-slte. 04/02/93 01395 4 DOCUMENT CLARIFICATION REQUESTS SECTION 01410 TESTING LABORATORY SERVICES PART 1 - GENERAL 1,.1 SUMHARY 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 REFERENCES A. ASTM D-3740 - Practice for Evaluation of Agencies in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction. B. ASTM E-329 - Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as used in Construction. 1..3 SELECTION AND PAYMENT A. The Owner will e~ploy 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. . .. .. ...._ ..;.. ~:: .' eo .' ... .. . .. .'. . . ... . .... :... .. ': 03/30/93 TESTING LABORATORY SERVICES 01410 - 1 1..4 QUALITY ASSURANCE A. Comply with requirements of ASTM E-329 and ASTM D- 3740. B. Testing laboratory: authorized to operate in the State of Florida. C. Testing laboratory staff: maintain a full time registered Engineer on staff to review services. D. Testing Equipment: 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. E. Meet "Recommended Requirements for Independent Laboratory Qualification", published by American council of Independent Laboratories. 1..5 TESTING LABORATORY RESPONSIBILITIES A. Test samples of mixes. B. Provide qualified personnel at the site. Cooperate with the Architect, Construction Manager and the Contractor in performance of services. C. Perform specified inspection, sampling, and testing of Products in accordance with specified standards. D. Ascertain compliance of materials and mixes with requirements of the Contract Documents. E. Promptly notify the Construction Manager and the Contractor of observed irregularities or non- conformance of the Work or products. F. Perform additional inspections and tests required by the A/E and Construction Manager, 1. ,7 TESTING LABORATORY REPORTS A. After each inspection and test, promptly submit two copies of testing laboratory report to the Construction Manager, for forwarding to the A/E and the Contractor. B. Include: 1. Date issued 2. Project title and number 3. Name of inspector 4, Date and time of sampling or inspection 03/30/93 TESTING LABORATORY SERVICES 01410 - 2 5. Identification of product and Specifications section 6. Location in the Project 7. Type of inspection or test 8. Date of test 9. Results of test 10. Conformance with the Contract Documents C. When requested by the Construction Manager or A/E, provide interpretation of test results. 1..8 LIMITS ON TESTING LABORATORY AUTHORITY A. The testing laboratory may not release, revoke, alter, or enlarge on requirements of the Contract Documents. B. The testing laboratory may not approve or accept any portion of the Work. C. The testing laboratory may not assume any duties of the Contractor. D. The testing laboratory has no authority to stop the Work. 1..9 THE CONTRACTOR RESPONSIBILITIES 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. :. . .. :.. . . . . .~. . ... .'. .... .... , . .. . ".. . . ..... .' ,.. -:" . .. ..... 03/30/93 TESTING LABORATORY SERVICES 01410 - 3 1. .10 RETEST RESPONSIBILITY A. Where the results of required inspections, tests, or similar services prove unsatisfactory and do not indicate compliance with the requirements of the Contract Documents, the retests shall be the responsibility of the contractor regardless of whether the original test was the Contractor's responsibility. B. Retesting of the work revised or replaced by the contractor is the Contractor's responsibility where required tests were performed on original work. Costs and fees for retesting shall be paid by the Contractor. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used ************** END OF SECTION 01410 03/30/93 TESTING LABORATORY SERVICES 01410 - 4 SECTION 01510 TEMPORARY UTILITIES PART 1 - GENERAL 1.1 SUMMARY A. section includes: 1. Temporary utilities required for construction. PART 2 - PRODUCTS 2.1 MATERIALS - GENERAL A. Materials shall be new, adequate in capacity for the required usage, not create unsafe conditions, not violate requirements of applicable codes and standards, and comply with NEC Art. 305 - Temporary Wiring. 2.2 TEMPORARY ELECTRICITY A. The Contractor shall furnish, install and maintain, temporary electric power service for construction needs throughout the construction period and shall remove such service on completion of the work. 1. Power centers for miscellaneous tools and equip~ent used in the Work will be provided by the Contractor as follows: a. distribution boxes with minimum of four double-duplex 15 Amp, 120-Volt grounded outlets, with GFCI Protection for personnel. See Detail "B". b. located so that power is available at any point of use with not more than 100 ft. power cords. c. ninimum: one power center on each floor. d. circuit-breaker protection for each outlet. 2. The capacity of each power center in 1. above shall be 120/240 volts single phase, minimum 50 Amps. 3, The Contractor shall furnish, install, and maintain all equipment and wiring required to distribute the power, up to and including the ... .,.,. .' power s~rvice~. . ...... o. .~.:.. ~.\.. .. :':'::.':~". ~.... .' ~~:. . .'.... ',,":;. '~... 'Or.. ............::;..:~. f.'. _. .,::." :\:.~..... :-1,<_: . ~./.. .t:~ :',,':... 00 :.~ :0..: -..: '~::.... .. . . ~ ""<:~:~ ...... .:" .; .;.i o. .": .... ~. .;"~""", .~~:.. -:.~.. :.,:.. 0";' 04/02/93 TEMPORARY UTILITIES 01510 - 1 4. The contractor shall pay all costs of installation, maintenance, and removal of temporary services. 5. Materials shall be new, and must be adequate in capacity for required usage, and must not violate the requirements of applicable codes and standards. Materials used for temporary service shall not be reused in the permanent system. 6, The contractor shall comply with all applicable require~ents specified in National Electric Code Art. 305 when installing the temporary electric power service, shall maintain the system to provide continuous service and shall modify and extend the service as the progress of the Work requires, 7, The contractor shall completely remove all temporary materials and equipment at Project completion. Underground lines may be disconnected and abandoned in place with approval of the Construction Manager. 8, Feeders to distribution panels from distribution shed shall be 400 feet maximum length, with two hot legs and one neutral of the same size as per NEC Table 310-16 and Article 210-19a FPN. 9. Circuits to Power Centers from Distribution Panels shall be installed per NEC Art. 305. 10. Feeders and Branch Circuits in 15, and 16. above shall be protected from physical damage. 2,3 TEMPORARY TELEPHONE SERVICE A. The contractor shall be responsible for arranging with the local telephone service company to provide telephone service at the construction site. The contractor shall pay all costs for installation, maintenance, removal and service charges for such service. 2.4 TEMPORARY LIGHTING A. The contractor shall furnish, install and maintain temporary lighting for construction needs throughout the construction period and shall remove such temporary lighting on completion of the Work. .: .... ". .,.:0.";". .,..;.::~',. ...':" '". ."'" ~.. .... .' . . i:.;:'.::..~..~~~:...",: ~:::. ,~,~,,,!-,': ...:.J,......~.:..f'..: ',!~~:'. ..~..~. ~:.~~... ~ :.{....... , . l:".' :~~.:.." ~.... .~...~. ~ '!:,~.:!..:... ~.._' . , .' ..0 04/02/93 TEMPORARY UTILITIES 01510 - 2 1. Temporary artificial lighting shall be provided in enclosed Work areas and all other work areas when natural lighting does not meet minimum requirements. Temporary artificial lighting in Work areas shall produce uniform illumination of 20-foot candles. 2.5 TEMPORARY WATER A, The Contractor will arrange and pay utility service company, to provide water for construction purposes. In addition, the Contractor is responsible for providing potable drinking water for his personnel and employees, as well as suitable containers, ice and salt tablets in sufficient quantity to meet the needs of his labor force, 2.6 TEMPORARY HEATING, COOLING AND VENTILATING The Contractor shall be responsible for providing, and operating and maintaining temporary heating, cooling and ventilating, as required, to maintain adequate environmental conditions to facilitate the progress of his Work; to meet minimum condition for the installation of materials; and to protect materials and finishes from damage due to temperature or humidity. The Contractor, subject to the approval and direction of the Construction Manager, shall: 1. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors, or gases, 2. If portable heaters are required, utilize only UL approved units complete with controls. 3. Insure that all safety devices specified for operation of equipment are functioning properly. 4. Pay all costs of providing, operating, maintaining, and removing such temporary heating, cooling, and ventilating equipwent as may be required, The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. , ,. . :. '~/;..... '.:.: .......: ;"'..... ...:,:.,._,......:" j .~.; '. ' . .. "'.,tiI. " .S" '" '10"'~" . ". .. . .: ,'.:" . .....;.:.:..........:.,. ....'k.:...~:... .: ".. '0".. 'J'~ :'0: :...:. ........ :1.. :: ,'!, .~. " . ,0,' . . ~.:: ~ i:: "0; ..:.: e. o' "0' 00 ., 0.. :..... ::': .....: . 04/02/93 TEMPORARY UTILITIES 01510 - 3 2.7 A. 2.8 TEMPORARY SANITARY FACILITIES The Contractor will provide sanitary facilities in compliance with laws and regulations. B. The Contractor will service, clean and maintain facilities and enclosures. 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 04/02/93 . .t.... .......!. ... .~:.. .. .:: .; ~:.." ,": :.~:~!..:. f: ~!.,.-.:,,~' '.;. ", ~.: .~ ;.:...,' ~ '. .,:;: ~'" :.: ~~: : ',< ~ .... .....:...: ~:~."~ ,: .: .;. ":'.. ':"'::, ~ ":.-:::,; . .~ j" ....:.. ~. ,....;...... ..; !t.'.'~' 't.'..:~'!~. ".", .::: ". 4.; -:....-...,..... ~. TEMPORARY UTILITIES 01510 - 4 SECTION 01520 CONSTRUCTION AIDS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1, Construction aids 2. Temporary enclosures 1.2 REQUIREMENTS OF REGULATORY AGENCIES B. Comply with Federal, State and local codes and regulations. PART 2 - PRODUCTS 2,.1 MATERIALS - GENERAL A. Materials may be new or used, suitable for the intended use and shall not violate requirements of applicable codes and standards. 2..2 CONSTRUCTION AIDS A. The Contractor shall be responsible for furnishing, installing, maintaining, and removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps, runways, platforms, railings, chutes, and other such facilities and equipment required by his personnel to insure their safety and facilitate the execution of the Work. 1. The Contractor shall comply with all Federal, State and local codes, laws and regulations governing such construction aids. 2. The Contractor shall relocate such construction aids as required by the progress of construction, by storage or work requirements, and to accommodate the legitimate requirements of the Owner or Construction Manager or other separate contractors employed at the site. 3. The Contractor shall completely remove temporary scaffolds, access, platforms, and other such mate~ials" facilities" ~nd equipment, a~ the . ", :."., ~ ~: p....:::. .-/;:" :.: .... ',: :......... ;:: ":"" ,: ";" :'.:. ~... :.. ':. ~ :..~.. ~. ~~... .:.... ~ : i~ .:.. ".. .... .,::-: t.\". i :..,,:'~~.. ~ .." ": ::": ': ~.~. ~./.~:;~. ...~... :.:! .~..~\.:: .~.:... . :.' or'; ...:,~.,~ ..;.~ ~ ;It;'~.::'.'.f' : .~:.;. . 04/02/93 CONSTRUCTION AIDS 01520 - 1 completion of the Work or when construction needs can be met by the use of the permanent construction, provided the Construction Manager has approved and authorized such use. The Contractor shall clean up and shall repair any damage caused by the installation or by the use of such temporary construction aids. The Contractor shall restore any permanent facilities used for temporary purposes to their specified condition. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 2..3 TEMPORARY ENCLOSURES A. The Contractor responsible for installing the permanent closure in an opening in an exterior wall shall be responsible for installing, maintaining, and removing, as the Work progresses, a temporary weather-tight enclosure for that opening as necessary to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating, and to prevent entry of unauthorized persons, 1, The Contractor shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by the Construction Manager. 2. Temporary enclosures shall be removable as necessary for the Work and for handling of materials. 3. Temporary enclosures shall be completely removed when construction needs can be met by the use of the permanent closures. 4, The Contractor responsible for providing, maintaining, and removing the temporary enclosure shall clean and shall repair any damage caused by the installation of such enclosure. 5. The Contractor shall remain responsible for insuring that his work, material, equipment, supplies, tools, machinery, and construction equipment is adequately protected from damage or theft and shall provide, maintain and remove such additional temporary enclosures as may be deemed necessary. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. ************************** END OF SECTION 01520 . ,....... ::: ~,~ :::', j' .:...'.; ..0::.', ',:' \: l'~,~ ..~.. '.~' ". ":~"';:;:'" :'; .~. ; . .' . ~.. .r!;. . . . .;:a,. :\ .0:. .:. . ,t:.. ;....;... ~ /0 ~\ ::,;:i.'.;.~ ~'. ..,:"... ..... "'. ~ ........:. , , /:" ~"'.':' ~. ", :..:.... .~.1. <.: ~:'..:' .... J 04/02/93 CONSTRUCTION AIDS 01520 - 2 SECTION 01550 ACCESS ROADS AND PARKING AREAS A, The Contractor shall be responsible for installing and maintaining, until the completion of his Work any temporary access roajs or parking facilities required by his Work, other than that which has been provided or required by the Owner. B, Any Contractor excavating across an access road or parking area shall backfill and compact his excavation and resurface the read or parking area to match the existing surface. ~he Contractor shall comply with all applicable Specifications when so doing. *********************** END OF SECTION 01550 '. :?::, ..0 .......,. ~.~.:.~.~. .:... .,: ...... ..: ;';. ....- ,~r(' ~'.. ....~;::.. ". .- '.' ... ,". :-"'.".,. .:: '. .",.;~ ," ::. ~. :'l"'~ "0 .t:i..;.... "eo ~s~.: .:-. '" eo: .:0::-.,. :;-,.:', 'JI~:'~;':' .. ~...t. t.. :....:... .:.::':...; -i.:~. ..~'.' ~~:: .:... :". . 04/02/93 ACCESS ROADS AND PARKING AREAS 01550 - 1 SECTION 01560 TEMPORARY CONTROLS PART 1 - GENERAL 1. ,1 SUMMARY A. section Includes: 1, Water control 2. Dust control 3. Erosion and sediment control 4. Pollution control B. Related sections: 1. SCOPES OF WORK 1.,2 WATER CONTROL A, Contractor shall grade site to drain. B. Protect site from puddling or running water. Provide water barriers to protect site from soil erosion, Maintain excavations free of water. Provide, operate, and maintain pumping equipment. 1..3 DUST CONTROL A. Execute the Work by methods to minimize raising dust from construction operations. B, Provide positive means to prevent airborne dust from dispersing into atmosphere. 1..4 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borro~ 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.;.,.. . .....,. :0"::': ".. .......: ......::....::. .....-:.:.::~':..;.~;..l .:......~.."'.~::..~: ..:L;'~:'~.~'. .:~.t,....:. :...~..~....~. ;e..:._ ..; ..,..~:. ":~I..: ....... ..:. ~ . -:1:.. ~.: :.: :.r<."~ ...~ .. . .- .~. .. ". ~~ ", .. 04/02/93 TEMPORARY CONTROLS 01560 - 1 E, Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 1..5 POLLUTION CONTROL A. Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations, ************************ END OF SECTION 01560 ::';0 ~.~.: :". .....:., .'0... .. . ~~l~ ; 0:. : .. ..... .. ...... . ..~'; ..: . .. ,," ".,.. 0:_," . eo .0 ."..:~:......:..~.. :~~. ~~.~t.:: or ::"'i"":: '~_'.~:..::. .......l::.~. -<....:.."'":...::!.:..,..~:..:.~ ,0. ".. :." -:t'-.......~. ....>...:.; ....~...~;. 04/02/93 TEMPORP.RY CONTROLS 01560 - 2 SECTION 01580 PROJECT IDENTIFICATION AND SIGNS A project sign is not required for this contract, ******************** END OF SECTION 01580 ",- ,........".."..',',:".., " , .. t.'.. ". "..' '&." i..': ~ .. ";..... -. . .~: : ; , '....' ,. . .,..".' ...,.," .,.. ,- _..' : ,: ".. '.".. .0.., " ,. .. ~," . ,'.... ..~.. . ft . . .. .~.: ,,! ...~ ~ '.. :~i. "~."::..;." . .. ;....,.:; .':~.,..... "... . '..~..:; :: I :. :...... ~... :"..: ~ ":... .~ 01580 - 1 PROJECT IDENTIFICATION AND SIGNS 04/02/93 SECTION 01590 FIELD OFFICES AND SHEDS A. The Contractor, if he deems it necessary, may furnish, install, and maintain a temporary field office for his use and the use of his employees during the construction period. B. The Contractor shall furnish, install, and maintain temporary storage and work sheds to adequately protect his work, materials, equipment, supplies, tools, machinery, and construction equipment from damage and theft. C. The Contractor shall arrange his field office and sheds so as not to interfere with the construction. The locations of field offices and sheds shall be coordinated with the Construction Manager. The type, size and location of field offices and sheds is subject to approval by the Construction Manager. D. The Contractor shall arrange and pay for temporary electricity and telephone service for his field office and sheds, if he should require such services. E. The Contractor shall relocate his field office and sheds as directed by the Construction Manager, at no additional cost to the Owner or Construction Manager. F. The Contractor shall completely remove his field office and sheds on completion of the Work or when directed by the Construction Manager. The Contractor shall remove all debris and rubbish and shall place the area in a clean and orderly condition. G. The Construction Manager as soon as reasonably possible will establish a field office on the site and will maintain such an office during the entire construction period. ************** END OF SECTION 01590 .....:.~,~-:t:..;.....:;....~..'\.i :....,....,....::. .'It..~.;. ...~..~,.:-f'lr.J.:..\.........,..,'.,,~..,',.,.:........:.. "......::..... .. 'lIo" .-.,"...... .... .. u : .:: . .~. .". ......0.... ..~.:.~ .; :./ ~..~.f... "~. ':....~..:~... ..~~ ~'.~'.: ..:~."::......l.~.:..' :.::.~. 04/02/93 FIELD OFFICES AND SHEDS 01590 - 1 SECTION 01595 CONSTRUCTION CLEANING PART 1 - GENERAL 1.,1 SUHMARY 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 of":-: ~':.1c-,::'.,..':,,,~,,!,,,,.,~,,>::,,,',:":"..',.".'.'.'.'...,"..;.....,:.......,.: ..-:. ...... .......;,.t'..,.,.'.':,:.;..'...~....".,.~..... -." ....... -. .. O;'J: .... ....." ~ ... :,......~...... .. JI ., r....~.:......>..~:.:.:.. ~.:.'..~'.~... .~....:..::..~....~..... ~~~. '. 04/02/93 CONSTRUCTION CLEANING 01595 - 1 construction operations. B. Provide on-site containers for the collection of waste materials, debris, and rubbish. C. Dispose of waste materials, debris and rubbish off the site. D. Trash containers shall be provided by Contractor and located in trash accumulation areas designated by the Construction Manager, Contractor each day shall collect and deposit in the containers, all rubbish, waste materials, debris, and other trash from his operations, including any trash generated by his employees during lunch periods or coffee breaks. Shipping dunnage is to be removed by the receiving contractor. Paper, boxes and bulk packaging shall be folded or cut into reasonable sizes and shapes as appropriate and confined to prevent loss of trash due to wind relocation. Full trash containers shall be disposed and replaced as necessary to maintain above requirements and/or as directed by Construction Manager. ************ END OF SECTION 01595 .. . !....:... :..:: :...,;.t.:; ...... "-. )"..f.,:- i ~.~ ~ ; ~ ~ ...;::;~ ':-;. '..~f .,,: ~~:":' ~'..'. :':~..t. '.~~f': :~'.-:~. ~.: .~:.. ~'.'i_ ...~ :..;. .:. .... i. ';';": ..:.~".: : ~ ::'. '~.:':. .i'. .....:: .: ..' ~ ......~ . :::~ ~:~: ~;f ..; ~ :. ~./ ,.: ',1" 04/02/93 CONSTRUCTION CLEANING 01595 - 2 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Products 2. Transportation and handling 3. storage and protection 4. Security 1, ,2 PRODUCTS A. Products: means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. 1..3 TRANSPORTATION AND HANDLING A. The Contractor shall be responsible for the transportation of all materials and equipment furnished under this contract. Unless otherwise noted, the Contractor shall also be responsible for loading, receiving and off-loading at the site all material and equipment installed under this Contract, whether furnished by the Contractor or the Owner. The Contractor shall be responsible for coordinating the installation within the buildings of equipment that is too large to pass through finished openings. B. Transport and handle products in accordance with manufacturer's instructions. ~ ~..~: ': :~'.."..., .,. C. Promptly inspect shipments to assure that products complY,~ith requirements, q~antities are correct, and . ~".. ... . :;..:" ~ '.? ,.;. ~. ~.. ::. '.~~ lIfo~.... ::;.~!~. ..~:...; :. :.. ~ :.:;., .,.. ':.. """:.'::'O 'O.' ....: ~.::.~. ~~ ;.', ~:.. ,iI' . -.;,:.; .." I.;. :': .~~.;' '~.. ;~'. ~. . :.rr:~.:':.....".~t~' :~.' ..~. '~:i'.,~"'" '. 04/02/93 MATERIAL AND EQUIPMENT 01600 - 1 products are undamaged. D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.,4 STORAGE AND PROTECTION The Contractor shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on site but not adequately protected will not be included in estimates for payment, Except for materials stored within designated and approved storage sheds, vans, or trailers, the Contractor shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Contractor shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required, 1..5 SECURITY A. The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used ************* END OF SECTION 01600 .~ :'" ....~... ... :':. ',; :':." ....:.- '~."'.. ":"1'~ ~..~....' ,~ .~. "-1,...' .~ :1. '..:' ~.i. .~. ~~ :,: ,t ~ : .0. 0-.:;..; ;, .,~: ~ ~.~.:.. ~:.:.,i:~ :.-~... :.::. ~ft,;!.,: ....~: .. .: ~.~. :~~., .. ..:.':.> ~.\ :::: :... .'-\:.o-:..''C ~:: ~'.. .. .~.~~.. :... f.,:~ :-:., ~:~:~'.~:! ~.: ': 04/02/93 MATERIAL AND EQUIPMENT 01600 - 2 SECTION 01630 POST-BID SUBSTITUTIONS PART 1 - GENERAL 1,1 SUMMARY A. section includes: 1. Post-bid substitutions 1.2 SUBSTITUTIONS A. Base Bid shall be in accordance with the Contract Documents. B. After the end of the bidding period, substitution requests will be considered only in the case of: 1. Product unavailability 2. other conditions beyond the control of the Contractor. C. Submit a separate request for each substitution. support each request with the following information: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. c. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations, 3. Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. . .,. ,.... .' .. 7! . Des,igDati~n of required license fees or royalties. ~.';' ....~".:: "':.~.'.i""".'''' ;....... .:.,:~:. :'" ":,..::'.~..:..,;.'_-.":' i.,..~. :::"~.'~.:t......': :,.:...:...:.... .;.. . :...,T.....~~..'..,: ~"':' .":. .,.,'..;.,~.. ... .. .. .... . . . :I _ :~1'" llO ~..~.::~;.. ~. ::' ~"". '0- ':.~': .'.-:'~",'.'" 04/02/93 POST-BID SUBSTITUTIONS 01630 - 1 8. Designation of availability of maintenance services, sources of replacement materials. D. Substitutions will not be considered for acceptance when: 1. A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Bidder. 2. Acceptance will require substantial revision of Contract Docu~ents. 3. In judgement of Architect the substitution request does not include adequate information necessary for a complete evaluation. 4. Requested directly by a subcontractor or supplier. E. Do not order or install substitute products without written acceptance of Architect/Engineer, F, Architect will determine acceptability of proposed substitutions, G. No verbal or written approvals other than by Change Order will be valid. 1..3 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution the Contractor represents that: 1. The proposed product has been investigated and it has been determined that it is equivalent to or superior in all respects to the product specified. 2. The same warranties or bonds will be provided for the substitute product as for the product specified. 3. Coordination and installation of the accepted substitution into the Work will be accomplished and changes as ~ay 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. ".. " .. .: -: "," -hr . .~.... ';:' ~".. ~I'~'.".'......';.." ':..~' ;I'~...~>.~~... " . . . . . )....t...:.~:~.'!.::.:~ ,to: .:.ilI'.: J: ~.:'~' .':...~.:...\:.:~.~...~~~...t."';::': .i.....;..~.<l~. .;.~ ::.". ::\0 .....~.....:.;... ":". ~:.)'~I....~...:.....:~ ....... 04/02/93 POST-BID SUBSTITUTIONS 01630 - 2 B. Substitutions will be considered only when the attached form is completed and included with the submittal with back-up data. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used :7..':';'-~,..'..,~ ...,'.'.<:.7.,',..:..l""..,....,...... '. .,'".~.......-:...: . ..... i' ........'. .... - '.. 00 ....,'.." ":...~; ... ill .......>>. ~...:.1It: . ' .o.r;;" :~,... .:'..:: . '.. ; ',*, :.. ':~..;' ~.::'.'~i' .-."~..; :.t~fi .:.~:.:.'.~ .".-:,oo..' .!..:....~: ~ .~:~~'~ .:.... 04/02/93 POST-BID SUBSTITUTIONS 01630 - 3 TO: Project Architect We hereby submit for your consideration the following product instea of the specified item for the above project: DRAWING NO. DRAWING NAME SPEC, SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mar}: 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 ,::...:.;,:/';.; ,~, :.:-,~~:,.~t>'lit~..:.. .'t. :':A~:: . )' ,~:,,:,:: ;~( '::' ;::; ;.:. :'::", ~,~:':'k~'~ ~':.:~:" ':, ..~ '.'.:.::':",~,: :-~:t.:~-:,." .~..~~-t:':;I~: 00 -:' . ,0. >.... ...:i"'..:..,........~..:.,.. .\' . . 04/02/93 POST-BID SUBSTITUTIONS 01630 - 4 Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes. B. will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: c. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. This substitution will amount to a credit or extra cost to the Owner of: dollars ($ -) . I. Designation of maintenance services and sources: (Attach additional sheets if required.) **************** END OF DOCUMENT 01630 :..... -.. . , .',~:!,","".:'.:.~,',~;,.~...:.~.,~',..'.~..;."',.,'_"':,"0.:, :.. .0. ..:.:,.:..,'....,'.".',.....~..........~. ',,-1. ".' .,... . ..... ..' .. 0.;':4'''' oa_ - .. .. ~.".... ;I"'.. ~.., '. ~ .' .~. .0;':. "j....... . . . .:.-....:.::...~.~.~........~..: .~:.::;. . ':.". ,-1".0 n1/n?/93 POST-BID SUBSTITUTIONS 01630 - 5 SECTION 01650 STARTING OF SYSTEMS PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. starting systems 2. Demonstration and instructions 3. Testing, adjusting, and balancing B. Related sections: 1, SECTION 01700 - CONTRACT CLOSEOUT 1..2 STARTING SYSTEMS A. Coordinate schedule for start-up of various equipment and systems. B. Notify the Construction Manager seven days prior to start-up of each item. C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. D. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. E. Verify wiring and support components for equipment are complete and tested. F. Execute start-up under supervision of responsible manufacturer's representative in accordance with manufacturer's instructions. G. Execute start-up under supervision of the responsible Contractors' personnel in accordance with manufacturer's instructions. H. When specified in individual Specification Sections, require manufacturer to provide authorized representative to be present at the site to inspect, check and approve equipment or system installation prior to start-up, and to supervise placing equipment or system in operation. I. Submit a certified written report that equipment or system has been properly installed and is functioning correctly. "0....:. o. ~ ..",.." '.,.", '.... ....,.".;,.:..3'..,...:,.:. ....'., ,.,.1-".. '.' ...........,~.. ...\ .1-...". .,., ..... .:'!: ;:: '0 :.: . : :.. ~ ~.. :~..::.~~...:....::.;:.. ;.... ..:.~..~.:.~.~. ..,' .':~:;. -,..'...;......;,....;"~.::>:l'!.q, ":.:., 0: :;..~..:-: 04/02/93 STARTING OF SYSTEMS 01650 - 1 PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used ************** END OF SECTION 01650 . ' :' r~,.;-<;,;~ ~ .',:" !...:.... ,.~,!' : .;. '," . ;:.:' :... ,;" . "';_ .;. :..,~: : ;~" ':; :' : '.'~ ;'.., {: '~' .,\ ':~:-',J., :.: i' ;'. : "..,~1, ......" ;;." '::'i ~ '~,'" ,:.,. <[0' :~';:,.~ ':'::"'~':::' .~ ';,..."'.~. t ,', .~:~. :.) l' :~:'" , 04/02/93 STARTING OF SYSTEMS 01650 - 2 SECTION 01670 SYSTEMS DEMONSTRATIONS PART 1 - GENERAL 1,.1 SUMMARY A, section includes: 1. Procedures for demonstration of equipment operation and instruction of the Owner's personnel. 1..2 QUALITY ASSURANCE A. When specified in individual Sections, provide manufacturer's authorized representative to demonstrate operation of equipment and systems, instruct the Owner's personnel and provide written report that demonstrations and instructions have been completed. B. The Owner will provide list of personnel to receive instructions, and will coordinate their attendance at agreed-upon times. 1, .3 SUBMITTALS A. Submit preliminary schedule for the Owner's approval, listing times and date for demonstration of each item of equipment and each system, two weeks prior to proposed dates. B. Provide operating and maintenance manuals to owner (4) weeks prior to demonstrations. c. Submit reports within one week after completion of demonstrations, that demonstrations and instructions have been satisfactorily completed. Give time and date of each demonstration, and hours devoted to demonstration, with a list of persons present. PART 2 - PRODUCTS NOT USED :' . ". t.~-':: :: .~:... ,.:/~": ~.:":: 7-;'~ ..: ::. ~ :.::~ ..~:' ." .W'.~" :..~:: ....-\.....-..:...~ .::"..', :...... ..,:.' " "". .... .:. .~. " ,," * ..' : .::...:~ ::":..:,'.:~,"...f .~:.~ ..~.. t.": .:~\..::.t.~......,-:.." : ",..~. .... .~~ .::. :... .'. , . 04/02/93 SYSTEMS DEMONSTRATIONS 01670 - 1 PART 3 - EXECUTION 3..1 PREPARATION A. Verify equipment has been inspected and put into operation; testing, adjusting, and balancing has been performed; and equipment and systems are fully operational. B. Have copies of completed operation and maintenance manuals at hand for use in demonstrations and instructions. 3..2 DEMONSTRATION AND INSTRUCTIONS A, Demonstrate operation and maintenance of equipment and systems to the Owner's personnel two weeks prior to date of final inspection. For equipment requiring seasonal operation, perform instructions for other seasons within six months, B. Use operation and maintenance manuals as basis of instruction. Review contents of manual with personnel in detail to explain aspects of operation and maintenance. C. Demonstrate start-up, operation, control, adjustment, maintenance, servicing, trouble-shooting and shutdown of each item of equipment at agreed-upon times, at designated location. D. Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instructions. 3,.3 TIME ALLOCATED FOR INSTRUCTIONS A. The amount of time required for instruction on each item of equipment and system is specified in individual sections. ************** END OF SECTION 01670 . . .; ":",;,:. :' :,.:~,,~.>. ';' ,.' :'::.,f....,/;~ ""';,.. ';';'.':'.:":':.'-':::":'.,:.,:<~~<.i"":-; .,~',~,:::::' ~.../,;,.::...:,\~...~:' ~..: ....,,': '::;i,~:"',~~ "".-:'.~":.' ~.""~.:~: ~ . . '. ":- . :~'::'. .:.~~.:- ~ 04/02/93 SYSTEMS DEMONSTRATIONS 01670 - 2 SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1. ,1 SUHMARY A. Section includes: 1. Closeout procedures 2. Adjusting B. Related sections: 1. SECTION 01027 - APPLICATION FOR PAYMENT 2. SECTION 01650 - STARTING OF SYSTEMS 3. SECTION 01730 - OPERATION AND MAINTENANCE DATA 1..2 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three terminal activities: 1. Substantial Completion 2. Final Completion 3. Final Payment 1.,3 SUBSTANTIAL COMPLETION A. Submit to the Construction Manager when the Work is substantially complete: . :':' ~.:: ".:. .:~....:. . :~. ~.....,::.:.':.... .::v'..~' 1. A written notice that the Work, or designated portion thereof, is substantially complete. A list of items to be completed or corrected (Punch List). Request Substantial Completion Observation at a mutually agreeable date. Certifications of systems and testing/balancing final reports. 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), . Securi ty sy~tem , .... - .~:~. .~........~...,~. :..;~ ~,'.': ':"';:;~.;'.~"'W :...."':. ~,.....;.3:-.:'.~~.1l:. '.; ~~:~.':"..:'J;'~":\~;" ...Y.~z:. ;.;., ~:. .", ;..: ;. 2 . 3 . 4 . 5. 04/02/93 01700 - 1 CONTRACT CLOSEOUT B. within a reasonable time after receipt of such notice, the Architect, the Construction Manager, the contractor,and the Owner, will make an observation to determine the status of completion. c. Should the work be determined to not be substantially complete the following will occur: 1. The construction Manager will promptly notify the Contractor in writing, giving the reasons. 2, The contractor shall remedy the deficiencies in the Work, and send a second written notice of substantial completion, 3. The Work will be re-observed. D. When the Work is considered substantially complete, the following will occur: 1. The construction Manager will prepare a certificate of Substantial Completion on AlA Form G704, accompanied by the contractor's Punch List of items to be completed or corrected, as verified and amended. Contract responsibilities are not altered by inclusion or omission of required Work from the punch list. 2. The certificate will be executed by all parties and distribution made. E. Complete or correct items identified on the punch list and required by the contract requirements within time limit established by the certificate. 1..4 FINAL COMPLETION A. To attain final completion, the Contractor shall complete activities pertaining to substantial completion, complete Work on punch list items and submit written request to the Construction Manager for final inspection, B. When the Work is complete, the Contractor shall submit written certification that: 1. The contract Documents have been reviewed. 2. Work has been inspected for compliance with the Contract Documents. 3. Work has been completed in accordance with the Contract Documents. 4, Equipment and systems have been tested in the presence of the owner's representative and are operational. 5. Work is completed and ready for final observation, ':';' ~;. ~'\.,=, ; ~ :(... ;',:'/ "."1, ::.:';: ". . :,,-:of.;: ...~:; ':, ' :,:'.: ,: ,"~ ~::''';:~:'': :.-:f: \:.. :, -:::~',:,:,~:':~ ~:.: "~':":"':f"', :... ,~,; ::":~:: .\..:~:~, ::. ',:/ ::~': >;>;" ::. ".;:: ":'.'" '..,:.,: ,:<':'. C. The Architect, the Construction Manager, the Contractor 04/02/93 CONTRACT CLOSEOUT 01700 - 2 and the Owner will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. D. Should the Work be considered incomplete or defective: 1. The Construction Manager will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. The Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to the Construction Manager that the Work is Complete. 3. The Work will be reinspected. E. When the Work is acceptable under the Contract Documents the Contractor shall make closeout submittals. 1,.5 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE ARCHITECT A. Project Record Documents: to requirements of SECTION 01720. B. Operating and maintenance data, instructions to the Owner's personnel: to requirements of SECTION 01730. C. Keys and keying schedule: to requirements of SECTION 08710 & 11196. D. Spare parts and maintenance materials: to requirements of individual sections. E, Evidence of payment and release of liens: to requirements of General and Supplementary Conditions. 1..6 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Architect. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders b. Allowances c. Unit Prices d. Deductions for uncorrected Work e. Penalties and bonuses f. Deductions for liquidated damages g. Deductions for reinspection payments . . :'. ...',....'... ,:' .~~. . ~ ,.'. .~~ "::"';;; · .~,~ ':. ' :- ~ ': ,~ .: ::.~': ::':" . : ':.' ~ ~.,::/ ~:"':' .~ "; :..:; '~'." :i.. . ,.~...... :...' ,..~'.... .~, ; , ..:.; :.i,'''' ,!'. "-:' " ,";': .,...: ; .~ . 04/02/93 CONTRACT CLOSEOUT 01700 - 3 h. other adjustments 3. Total Contract Sum, as adjusted 4. Previous payments 5. Sum remaining due C. The Construction Manager will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1, ,7 FINAL APPLICATION FOR PAYMENT A. The Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. PART 2 - PRODUCTS Not used PART 3 - EXECUTION Not used ***************** END OF SECTION 01700 :':_.-"" l ~..:~~.; ~ '.~ .:.~..; .... . "':~'..~"~ ~. ~~ ::':: '';.~".~~' ~~: ".-~'.. '..~: ~. :;.. : .;"f:":' ", :,,,:, ~.:".: .. : ~~ ~:./ ::.;t:" . ... ... .~'::-:::" .= .~. ~:.. ".. ..~~"" :.". '\.i~.. )',,:~~:./:.'.:.!~::~'~ ",," ~:;:. ~..::..::.'...::.: ~...:.~.: ;.',".> 04/02/93 CONTRACT CLOSEOUT 01700 - 4 SECTION 01710 FINAL CLEANING PART 1 - GENERAL 1..1 SUMMARY A. Section includes: 1. Cleaning at completion of Work 1..2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. 1, Do not burn or bury rubbish and waste materials on the Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2 . . 1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer on the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3..1 DUST CONTROL A. Handle materials in a controlled manner with as little handling as possible. 3..2 FINAL CLEANING A. Employ skilled workmen for final cleaning. ::...... ..: .-:":'" ~~. :" :>.~....'~ B.. Re~ove grease, mastic, adhesives, dust, dirt, stains, ,:..,.~'...,.:....,..:~.: ..:....~.........>..........,~, <L' ~.:...._".".,....... -.-:'4-. ,..:.,~"'.,',""..,. ....,::,., ".....,'..,.'..,..~. .0' . .......... t _. ....._... - .:. ......... _'.:'.. .~. :"': ......,:. .t. -:.:'."'; :-:',;' .......:.::. 04/02/93 FINAL CLEANING 01710 - 1 fingerprints, labels, and other foreign materials form sight-exposed interior and exterior surfaces. C. Wash and shine glazing and mirrors. D. Polish glossy surfaces to a clear shine. E. Dust cabinetwork and remove markings. F. Vacuum as needed. G. Broom clean exterior paved surfaces; rake clean other surfaces of the grounds. H. Prior to final completion, or the Owner occupancy, conduct an inspection of sight-exposed interior surfaces, exterior surfaces and work areas, to verify that the entire Work is clean. I. Clean tunnels and closed off spaces of packing boxes, wood frame members and other waste materials used in the Construction. J. Internally clean the entire system of piping and equipment. Open dirt pockets and strainers, completely blowing down as required and clean strainer screens of accumulated debris. K, Drain tanks, fixtures and pumps to be free of sludge and accumulated matter. L, Remove temporary labels and stickers from fixtures and equipment. Do not remove permanent name plates, equipment model numbers and ratings. M. Thoroughly clean heating and air conditioning equipment, tanks, pumps and traps. Install or thoroughly clean filters or filter media, including: 1. The cleaning of permanent filters and the replacement of disposable filters if units were operated during construction. 2. The cleaning of ducts, blowers, and coils if the units were operated during construction, N. Remove from the site all facilities of items installed or used for temporary purposes during construction. 0, Restore all adjoining areas to their original or specified condition. **************** END OF SECTION 01710 . . . ..~::; t. .~. ":.:" 0" ....~. ~ -::.: -: .'~'-. ).::~.".-.:. ~::'~.; :.. ".~ .~.'. ~. .... . .. . . ... :!';;':l.: ~ . : ~; ~.:- ."" : .:: ~.. .::.:~.~. .:'.~."; , :~~~'.~,::" :, ': '.. ~ ::':-:./ { :. : i',~. ~,:. ":, , ::~. ::;,,:c: ,: .,~:,:~. :',: .~'.". ,;~ " : "~;"::::":';~:~: 01710 - 2 04/02/93 FINAL CLEANING 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. '. . :,,~., ,~ ;',::; ~t, ..:;,; I":': ".' ''::' ::'. '.~:": ;. /'-":" ":: ~ " ( ; >>f' ',;~,' ;:: '!.:' ."::: .:" ,;,,~,. .', '..., .",,: .':' : :.~: .;:-;. .....:. ='" ....:.,' . .......: ,;., "~", ,~. ,,!'" ~:': .,~:":,:;,:,,,;, . ",. 04/02/93 PROJECT RECORD DOCUMENTS 01720 - 1 c. Do not permanently conceal any work until required information has been recorded. D. Contract Drawings: 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to final submitted IIproject Recordll set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to survey data. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. c. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure, d. Field changes of dimension and detail, e. Changes made by Change Order or Construction Change Directive, f. Details not on original Contract Drawings. E. Specifications and Addenda: 1. Legibly mark up each Section to record: a. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed, b. Changes made by Change Order or Construction Change Directive, c. other items not originally specified. F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings, 2. Legibly mark to record actual construction: a. Dimensions accurate to within 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. , .;" .:.:;~:' ';~;. ~ :.:~. "~ ,::' i<:. ~:;, ..,:. "~::: -<~,,:::,:,;, ':'.';' t:, : .~:: ':'~: ;:..~ .:'~ ~', ,~:';',t"<... ~:~., '.';' : ~...~: .:":' ,; : ~,,:;.. {: ...':' ';.~'.<.iv ~,,::~, ~ ';:;';;;', '.'. /:' "'~:~':, :;,' -.::. .....;..,,-. . ..... .... . 04/02/93 PROJECT RECORD DOCUMENTS 01720 - 2 1. .4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to the Construction Manager prior to request for final payment. B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date 2. Project title and Architect's Project number 3. The Contractor's name and address 4. Title and number of each record document 5. certification that each document as submitted is complete and accurate. 6. signature of the Contractor, or his authorized representative. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used *************** END OF SECTION 01720 .~'..~\~.,...tII''''''''..:''f-''';'''-'.'':''''''''''.,,' ,..;..::.,'.'..',.; .. ~ . ." ,." .,.o .. ". ," .-. , '. ' .' .."-,',,..:'_..:..~..". ...,:.....,.',:.,".',..',..:.:.,....~.~. i.'",'..,:",":,.. ,. .... .. .. .., ''': .... ,;.~:. =....::.. .':... ,. ":".:.;/ ~.:.: ",,'J. .:":' ;."'.., :.'" .. .. ... ., .. 04/02/93 PROJECT RECORD DOCUMENTS 01720 - 3 SECTION 01730 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1..1 SUMMARY A. section includes: 1. Format and content of manuals 2. Instruction of the Owner's personnel 3. Schedule of submittals B. Related sections: 1. SECTION 01301 - SUBMITTALS 2. SECTION 01700 - CONTRACT CLOSEOUT 3. Individual Specifications sections: specific requirements for operation and maintenance data. 1..2 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1..3 FORMAT A. Prepare data in the form of an instructional manual. B. Binders: commercial quality, 8-1/2" x 11" three-ring binders with hardback, cleanable, plastic covers; 1- 1/2" maximum ring size. When multiple binders are used, correlate data into related consistent groupings. C. Cover: identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of the Project and separate building; identify subject matter of contents. D. Arrange content by systems under section numbers and sequence of Table of Contents of these Specifications. E. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. F. Text: manufacturer's printed data, or typewritten data on 20 pound paper. . . . ..1- .' ]1,_ :. ......i:. .~.. ~.~.. ': .o{ ~. ~ I~';- ... ~" . .(" '.: . ~ #; .... ......; '"0: ~~.~." .; ,-:.. .'~..,,;~: .,. ...... '. :". 't....il. ..~.:~ . .~~. ~ . . ... w( ....~.:.. . ".":" :.,... ;:~ .:.~ :..~::~.,,~.,.. ".,,:' ....2. -'. 04/02/93 OPERATION AND MAINTENANCE DATA 01730 - 1 G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. 1..4 CONTENTS, EACH VOLUME A. Table of Contents: provide title of the Project; names, addresses, and telephone numbers of the Construction Manager, the Architect, consultants, and the Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For each product or system: list names, addresses and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product data: mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: supplement product data to illustrate relations of component parts of equipment and systems, to indicate control and flow diagrams. Do not use the Project Record Documents as maintenance drawings. E. Type text: as required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. F. Warranties and bonds: bind in copy of each. 1..5 MANUAL FOR MATERIALS AND FINISHES A. Building products, applied materials, and finishes: include product data, with catalog number, size, composition, and color and texture designations. Provide information for re-ordering custom manufactured products. B. Instructions for care and maintenance: include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture protection and weather exposed products: include product data listing applicable reference standards, chemical composition, and details of ......;. ..;._....... ".. ...;.~.: ..... :.. ;..'..'...:....... ~:.'..... ..0:.' ..;,...; .. -;..... ........ .. .' .......... ..... ..' .." .... ~"'"'' .. ~ :. .." ...~ ...:..:..............~;...............;....; ...,..:.:~~..~:.. '...:.............. ..........:.'!..:... .. _..~... ........ .. ".w .. .. __... .. ._,~ ..:..;_~..,..~..':.~..."=.~...:.....:.,...::.~'~.*,...t: 04/02/93 OPERATIm~ AND MAINTENANCE DATA 01730 - 2 installation. Provide recommendations for inspections, maintenance, and repair. D. Additional requirements; as specified in individual product specification sections. 1..6 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each item of equipment and each system: include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. B. Panelboard circuit directories: provide electrical service characteristics, controls and communications. C. Include color coded wiring diagrams as installed. D. Operating procedures: include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut-down, and emergency instructions. Include summer, winter, and special operating instructions. E. Maintenance requirements: include routine procedures and guide for trouble-shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule, and list of lubricants required. G. Include manufacturer's printed operation and maintenance instructions. H. Include sequence of operation by controls manufacturer. I. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. K. Provide the Contractor's coordination drawings, with color coded piping diagrams as installed. ". ,- : :..,'-. . .....;," r: :. ";' ~'.:; ;:::...'.:. ... .t .... ..... '. ~ ...... ..... .......... :. ."' ~. . ..' . _. ... .':':''::;'1; "~:" ..:';:': ..:._:1O ...:( 4., :.....:. ~:'\":. ::.:.~ ~ " :.:'''~ ':.' .~, ".' ....:.. t;. . . :..::~.. ;. . . '... ;.... .... . '0 .."" .... . 04/02/93 OPERATION AND MAINTENANCE DATA 01730 - 3 L. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. M. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. N. Include test and balancing reports. O. Additional requirements: as specified In individual product specification sections. P. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. 1..7 INSTRUCTION OF THE OWNER PERSONNEL A. Before final inspection, instruct the Owner's designated personnel in operation, adjustment, and maintenance of products, equipment, and systems, at agreed upon times. B. For equipment requiring seasonal operation, perform instructions for other seasons within six months. C. Use operation and maintenance manuals as basis for instruction. Review contents of manual with personnel in detail to explain all aspects of operation and maintenance. D. Prepare and insert additional data in Operation and Maintenance Manual when need for such data becomes apparent during instruction. 1. .8 SUBMITTALS A. Submit two copies of preliminary draft or proposed formats and outlines of contents before start of the Work. The Construction Manager and Architect will review draft and return one copy with comments. B. For equipment, or co~ponent parts of equipment put into service during construction and operated by the Owner, submit documents within ten days after acceptance. C. Submit one copy of completed volumes in final form 15 days prior to final inspection. Copy will be returned after final inspection, with Construction Manager and Architect comments. Revise content of documents prior to final submittal. .:.. ..z.... ~ :: ;:: ,':: '. :.: ..:~': ..... ::... .... ~.. .,';-:: i:.. .':;' :' .:0-.'" .".:':~ . ''':.:' ..... ~~ ~:'. ':', ,:' .~i'''' :;'. . ..':. ..$.1:.... :" . .} ...:;.:. "". .~; ~~:.,~. .~... .... . ~':::,." : .:;;:...... ::<. ,.. : . 04/02/93 OPERATION AND MAINTENANCE DATA 01730 - 4 D. Submit two copies of revised volumes of data in final form within ten days after final inspection. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used ....;.......,... ':".: ".t;... ;:;....",.. .,....: :..~. .~t" "....... :.~.,..\~~. . 01730 - 5 04/02/93 .... :'... ************** END OF SECTION 01730 ..0\:.: :". : .:.. .. ".. ....;... . '.,...:.: .... ~~'.:"". .: . ~. .~;:...~:..;....::.~. OPERATION AND MAINTENANCE DATA .' , ~:'..:: .".-".-:.'; :~!'.." .:,' . .'.. " ~"'. " .