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01/18/1995BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 Xannp 1L. Rotbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 MEMORANDUM TO: Pat Jennings, Project Manager Morrison-Knudsen/Gerrits FROM: Ruth Ann Jantzen, Deputy Clerk (� DATE: February 9, 1995 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 On January 18, 1995, the Board of County Commissioners granted approval and authorized execution of Contract TR-001 between Monroe County and American Atlas Wrecking, for Phase 1 Demolition of Truman School, in the amount of $124,000.00. Attached hereto for your handling is a duplicate original of the above documents, now sealed and executed by all parties. If you have any questions on any of the above, please contact this office. cc: County Attorney Finance Director County Administrator, w/o document File Truman School Phase 1. Demolition CONTRACT TR-001 American Atlas Wrecking, Inc. I. A. Form of Agreement B. Public Construction Bond C. Certificate of Insurance D. Table of Contents E. Scope of Work F. Milestone Schedule G. Addenda II. A. Proposal Form, pages 00001-2 through 00001-3, signed by bidder dated January 4, 1995. B. 5% Bid Bond from Amwest Surety Insurance Company, Bond No. 0403265-67. C. Lobbying and Conflict of Interest Clause D. Non -Collusion Affidavit E. Sworn Statement on Public Entity Crimes III. A. General Conditions B. Supplementary Conditions C. Contractor's Affidavit of Payment of Debts and Claims D. Contractor's Affidavit of Release of Liens E. Consent of Surety Company to Final Payment F. General Requirements Application for Payment Project Meetings Submittals Progress Schedules Schedule of Values Daily Construction Report Document Clarification Requests Testing Laboratory Services Temporary Utilities Construction Aids Access Roads and Parking Areas Temporary Controls Field Offices and Sheds Construction Cleaning Material and Equipment Post -Bid Substitutions Starting of Systems Systems Demonstrations Contract Closeout Final Cleaning Project Record Documents Operation and Maintenance Data T1 u -- z -- T m m r, n Co A b THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101/CM CONSTRUCTION MANAGEMENT EDITION Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1980 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED. This document is intended to be used in conjunction with AIA Documents A201/CM, 1980; B141/CM, 1980; and B801, 1980. AGREEMENT No. TR-001 made as of the Sv day of �a 0,0-It-Iry in the year of Nineteen Hundred and Nir\e-kq_ w(ci5). BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 and the Contractor: American Atlas Wrecking, Inc. 1975 East Sunrise Blvd., 5th Floor, Suite 520 Fort Lauderdale, FL 33304 (305) 728-8488 the Project: Truman School Phase 1 Demolition the Construction Manager: Morrison Knudsen/Gerrits the Architect: Gonzalez Architects The Owner and the Contractor agree as set forth below. Copyright 1975, © 1980 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Re- production of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A1011CM • OWNER -CONTRACTOR AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 19W EDITION • AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101/CM-1980 1 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 Were insert the caption descriptive of the Work as used on other Contract Documents.) Truman School Phase 1 Demolition ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on the date as established in the Notice to Proceed, and, subject to authorized adjustments, Substantial Completion of the Work shall be achieved not later than the (Here insert any special provisions for liquidated damages relating to failure to complete on time.) time indicated in Section 00350, Milestone Schedule. AIA DOCUMENT A101/CM • OWNER -CONTRACTOR AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20D06 A101/CM-1980 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of One Hundred Twenty Four Thousand Dollars .......................................... $124,000.00 The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates and unit prices, as applicable.) Total Base Bid.................................................................... 124 000.00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Construction Manager by the Contractor and Project Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract Documents for the period ending the twenty fifth (25) c�aey of each month as follows: apporxima y 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. (If not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained alter the Work reaches a certain stage of completion.) PayraieMsduaE4ewt�sf�7lbear- ruerest-fromdat�{ruesiEas{luo ai_tberasa oratered_balowror_ir6tfae .,J,� die[eaf.atzbT legal-Fm"sauailiag-at. -the -laWke-et-the.44Q A, (ilere.iAFostwy+a[a of inrwoc6a0sead arp0ral (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101/CM • OWNER -CONTRACTOR AGREEMENT CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A701/CM-1980 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and the Architect has issued a Project Certificate for Payment which approves the final payment due the Contractor. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.) I. Bidding Documents A. Bid Documents for Truman School Phase 1 Demolition, which include Bidding Documents, Contract Documents, Conditions, Drawings, General Requirements and Technical Specifications, and which are enumerated in the attached Table of Contents, pages 00001-1 through 00001-2, dated November 21, 1994, all as amended by the addenda listed below. B. Addendum No. 1, dated December 6, 1994 Addendum No. 2, dated December 28, 1994 II. Proposal Documents submitted by A. Proposal Form, Pages 00110-2 through 00110-3 , signed by Bidder and dated January 4, 1995. B. Bid Security from Amwest Surety Insurance Company, Bond No. 0403265-67 C. Sworn Statement on Public Entity Crimes D. Lobbying and Conflict of Interest Clause E. Non -Collusion Affidavit AIA DOCUMENT A101/CM • OWNER -CONTRACTOR AGREEMENT CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • ©1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20)06 A701/CM-1980 4 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) Reference the documents issued for bidding. 7.4 Working Conditions: (Here list any special conditions affecting the Contract.) Reference the documents issued for bidding. (Seal) Attest: Danny L. Kolhage, Clerk of the Courts By:���.. Q_t Date:�!p Approved as to Form and Legal Sufficiency" 1MR /',j,� F This Agreement entered into as of the day and year first written above. OWNER Monroe Count,& 4oard of County missioners Its: Woi .. CONTRACTOR American Atlas—Wredkina. Inc. By: Its: AIA DOCUMENT A101/CM • OWNER -CONTRACTOR AGREEMENT • CONSTRUCTION MANAGEMENT EDITION • JUNE 1980 EDITION • AIA® • 01980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 200D6 A101/CM-1980 5 PUBLIC CONSTRUCTION BOND BY THIS BOND, We American Atlas Wrecking, Inc. , as Principal and _ _' s rery Tnsurn ge Qmpany a corporation, as Surety, are hound t0 MenrBoard of County Commissioners mohereincalled Owner, in f $ , One Hundred Twenty Four Thousand for payment of which we bind ourselves, or heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal; 1. Performs the ccntract dated January 18 1995 , between Principal and Owner for construction of Truman School -Phase I Demolition - Key West, FL , 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 Stati:tps, 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, cuSCb, and attorney's face, including apppl).atp proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work anti materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remalns in full force. Any changes in or under the contract documents and oompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATE ON January 18 19 95 (NAME OF PRRIINNC]I/PAL) BY _ ate e- / r (AS ATTORNEY IN F Amwest Surety Insurance Company NAME OF S RETY) Barbara B. Cannady, Atf ney-in-Fact 11/21/94 SUPPLEMENTARY GENERA -I, CONDITIONS 0080n - 17 Truman School Phase 1 Demolition 40T VALID FOR BONDS EXECUTED ON OR AFTER 10.04-95 POWI:e NIAfBER 0403274-66 This document is printed on multicolored security paper with black and red ink, with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the "Company"). Only unattered originals of this Power of Attorney are valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be [Wade by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company most be on this form and no other form shall have force or effect. KNOW ALL MEN BY 'THESE PRESENTS, that Amwest Surety Insurance Company, a California corporation (the"Company'), does hereby make, constitute and appoint: BARBARA B. CANNADY AS AN EMPLOYEE OF MARSH & MCLENNAN, INC. its true and lawful Attorney -in -Fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, i ecognizances or other written obligations in the nature thereof as follows: 3id Bonds up to $**1,000,000.00 Contract (Performance & Payment), Court, Subdivision $##1,000,000. License & Permit Bonds up to $0#1,000,000.00 Miscellaneous Bonds up to $a*1,000,000.00 Smalt Business Administration Guaranteed Bonds up to $**1,250,000. and to hind the Company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. CERTIFICATE I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attornev remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant provisions of the By -Laws of the Company, are now in full force and effect. id number 1300316 Signed and sealed this 18th Karon G. Cohen. S,o,tur% day of January 19 95 J 0000403274 - 66 e K634 ABOVE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DO L7-' LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY EXPWATION LIMITS DATE (MM)DDNY) DATE(MMADAY) A GENERAL LWBLm ___.. __. VA622KB273IND94 _...._ 06/07/94 _. 08107/95.. GENERAL AGGREGATE_..._. f 2000000 X COMMERCIAL GENERAL LIABILITY ! : ,. ......_..... ..._..... _ .............. PRODUCTS-COMP/OPAGO. S ... 2000000 CLAMS MADE X._, OCCUR. PERSONAL S ADV. INJURY.. E 1000000 _.... --OWNERS 8 CONTRACTORS PROT. EACH OCCURRENCE f I000000 ...._..; FIRE DAMAGE (MY one five) f 50000._.. ._._. .. _ MED. E)FENSE (MY one Person) $ 600B A _. _... AUTOMOBILE„..... LIALNLm 810662K88781ND84 06/01/94 _. 06M7/85.__. COMBINED SINGLE X - ANY AUTO - LIMIT $ t00000U..._. ALL OWNED AUTOS . . BODILY INJURY SCHEDULED AUTOS : (Per permn) jE . HIRED AUTOS ........: : BODILY INJURY NON -OWNED AUTOS ! (Per ecciden8 IS _'. GARAGE LIABLITY .......;. PROPERTY DAMAGE 'S EXCESS LIABILITY ..., .. EACH OCCURRENCE UMBRELLA FORM _. .._....._.. .........__ f . AGGREGATE . OTHER THAN UMBRELLA FORM WORIG9i'6 COMPENSATION : STATUTORY LIMITS A AND PUBMK897394 00/01/61 06/01/85 EACH ACCIDENT _.._._ s 600000 i. . EMPLOYERS LIABILITY DISEASE - POLICY LIMIT f ....... SBBB00..... OTHER DISEASE - EACH EMPLOYEE_ $ _. _._ 500000 DESGIIPfgN OF OPERATpNSLOCATpN3NEHICLEB'SPECNL REMS Key We$% FL 380100000 LIABILITY OF ANY p AiND UPON THE COMP Y, ITS AGENTS OR REPRESENTATIVES. .._ TABLE OF CONTENTS Truman School Phase 1 Demolition Bidding Documents Section 00030 Notice of Calling for Bids Section 00100 Instructions to Bidders Section 00110 Proposal Form Section 00163 Pre -Bid Substitutions Section 00300 Scope of Work Section 00350 Milestone Schedule 2. Contract Documents Section 00500 Standard Form of Agreement Between Owner and Contractor - AIA Document A101/CM, June 1980 edition 3. Conditions Section 00750 General Conditions, AIA Document A201/CM, June 1980 edition Section 00800 Supplementary General Conditions Section 00900 Contractor's Affidavit of Payment of Debts and Claims Section 00905 Contractor's Affidavit of Release of Liens Section 00910 Consent of Surety to Final Payment - AIA Document G707, April 1970 edition 4. General Requirements Section 01027 Application for Payment Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Document Clarification Requests Section 01510 Temporary Utilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post -Bid Substitutions Section 01650 Starting of Systems Section 01670 Systems Demonstrations 11/21/94 TABLE OF CONTENTS 00001 - 1 Truman School Phase 1 Demolition SECTION 00300 SCOPE OF WORK 1.1 General Scope Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawings and detailed in the Technical Specifications included in this Bid Package. 1.2 Special Provisions The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Bid Package. .1 All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to the Construction Manager. .2 Provide, replace, and maintain any safety rails and barricades as necessary during the process of work, or during deliveries and storage of materials or equipment. .3 Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. .4 Contractor shall perform all required testing and provide adequate personnel in order to complete all testing to the requirements of governing agencies. .5 All incoming materials and equipment shall be coordinated with and the CM, in order that proper lavdown, staging and stocking areas are developed, prior to release for shipping. Within the building, areas shall be restricted and stocking areas will be authorized in writing. .6 If in the event of conflicting, or overlapping requirements in any area of the bidding documents, technical specifications, or drawings, the most stringent condition shall be bid and constructed. 11/21/94 SCOPE OF WORK 00300-1 Truman School Phase 1 Demolition Notify the CM in any event, in order to not compromise the Owner's right to make appropriate decisions. 7 Contractor shall maintain As -Built Drawings, (Record Drawings per Section 01720), of his work progression. .8 This Contractor shall not store materials inside the building. Contractor shall provide suitable storage container, and be responsible for disposal off -site of all debris and trash. .9 All areas of the facility which are not designated for construction activities by the Contract Documents shall remain clean, open, accessible and unimpeded to the Owner and the public. The Contractor must maintain the current access and operation of the existing Truman School cafeteria. This area will continue to serve the public during the work required in this Contract. The Contractor shall be prepared to perform work which produces adverse conditions of the cafeteria operations during the hours from 9:00 p.m. to 6:00 a.m. at no additional cost to the Owner so as not to impact the safety of the public or normal business activities of the Owner. In any event, all activities shall be scheduled a minimum of 48 hours in advance and coordinated with the Owner through the Construction Manager. 10. Maintenance and Protection of Traffic Plan(s) are required to be submitted by the Contractor prior to the start of demolition or construction. The plan(s) shall include all drawings, details, hours of operation and description of the Contractor's plans to control and maintain traffic as well as requirements for notifying the architect, construction manager and any governing agencies in the event it is necessary to interfere with the normal vehicular or pedestrian traffic on any of the adjacent streets or sidewalks. ******END OF SECTION 00300****** 11/21/94 SCOPE OF WORK 00300-2 Truman School Phase 1 Demolition 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 . . . . . . . . . . . . . . . 4 b. Award Date (Anticipated) . . . . . . . . C. Notice to Proceed (Anticipated) . . . . . d. Substantial Completion Date . . . . . . . ******END OF SECTION 00350****** 12/27/94 1/13/95 1/20/95 4/20/95 11/21/94 MILESTONE SCHEDULE 00350 - 1 Truman School Phase 1 Demolition ADDENDUM ACKNOWLEDGEMENT PROJECT: Truman School - Phase 1 Demolition Please acknowledge receipt of Addendum No. 1 for the above referenced project by signing and dating below. Company: Signature: Name: Title: Date: L-2AAZ Please return by facsimile or mail to: Morrison-KnudseNGerrits 5090 College Road Key West, FL 33040 Phone: (305) 292-7845 Fax: (305) 292-9697 ADDENDUM NO. 1 Truman School - Phase 1 Demolition ADDENDUM ACKNOWLEDGEMENT PROJECT: Truman School - Phase 1 Demolition Please acknowledge receipt of Addendum No. 2 for the above referenced project by signing and dating below. Company: �/i''se,�9�//;s /�/�'cc�e%✓c Signature: Name: Title: Date: Please return by facsimile or mail to: Morrison-Knudsen/Gerrits 5090 College Road Key West, FL 33040 Phone: (305) 292-7845 Fax: (305) 292-9697 ADDENDUM NO. 2 Truman School - Phase 1 Demolition Addendum No. 1 December 6, 1994 Truman School - Phase 1 Demolition Upon receipt of this addendum, please execute the attached "ADDENDUM ACKNOWLEDGEMENT' form and send by facsimile or mail to Morrison Knudsen/ Gerrits. The information contained in this Addendum modifies, supplements or replaces information contained in the previously issued Bid Package and is hereby made a part of the Contract Documents. Bidding Documents Section 00030, Notice of Calling to Bid The Bid Date has been changed to January 3, 1995, at 2:00 p.m. Replace Section 00030 dated 11/21/94 with the attached Section 00030 dated 12/6/94. Section 00350, Milestone Schedule The Bid Date has been changed to January 3, 1995, and the Award Date (Anticipated) has been changed to January 18, 1995. Replace Section 00350 dated 11/21/94 with the attached Section 00350 dated 12/6/94. ADDENDUM NO. 1 Truman School - Phase 1 Demolition ADDENDUM ACKNOWLEDGEMENT PROJECT: Truman School - Phase 1 Demolition Please acknowledge receipt of Addendum No. 1 for the above referenced project by signing and dating below. Company: Signature: Name: Title: Date: Please return by facsimile or mail to: Morrison-Knudsen/Gerrits 5090 College Road Key West, FL 33040 Phone: (305) 292-7845 Fax: (305) 292-9697 ADDENDUM NO. 1 Truman School - Phase 1 Demolition SECTION 00030 NOTICE OF CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, January 3, 1995, at 2:00 p.m., a Committee consisting of the County Purchasing Director, the County Attorney, and the County's Construction Manager, will meet and open sealed bids at the Monroe County Purchasing Department, 5100 College Road, Public Service Building, Cross Wing, Room 002, Stock Island, Key West, Florida, for the: Truman School - Phase 1 Demolition All bids must be in the hands of the Monroe County Purchasing Director, on or before 2:00 p.m. on January 3, 1995. No Bids will be received after the deadline. All bids, together with the recommendation of the County Administrator, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. Drawings and specifications can be examined and obtained at the office of Morrison-Knudsen/Gerrits, 5090 College Road, Stock Island, Key West, Florida 33040, (305) 292-7845, in accordance with the Instructions to Bidders. Drawings and specifications can be obtained for the refundable deposit sum of $30.00, payable to Monroe County. Bid Security payable to Monroe County Board of County Commissioners in the amount of five percent (5%) of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Bidder awarded a contract in accordance with this notice shall post a public construction bond guaranteeing completion and quality of the work under the drawings and specifications. DATED at Key West, Florida, this day of , 1994. R.M. COFER Director of Purchasing, for Monroe County, Florida 12/6/94 NOTICE OF CALLING Truman School - Phase Addendum No. FOR BIDS 1 Demolition 1 00030 - 1 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 . . . . . . . . . . . . . . . . . 1/3/95 b. Award Date (Anticipated) . . . . . . . . . . . 1/18/95 C. Notice to Proceed (Anticipated) . . . . . . . . 1/20/95 d. Substantial Completion Date . . . . . . . . . . 4/20/95 ******END OF SECTION 00350****** 12/6/94 MILESTONE SCHEDULE 00350 - 1 Truman School Phase 1 Demolition Addendum No. 1 r_ Addendum No. 2 December 28, 1994 Truman School - Phase 1 Demolition Upon receipt of this addendum, please execute the attached "ADDENDUM ACKNOWLEDGEMENT" form and send by facsimile or mail to Morrison Knudsen/ Gerrits. The information contained in this Addendum modifies, supplements or replaces information contained in the previously issued Bid Package and is hereby made a part of the Contract Documents. Bidding Documents Section 00030, Notice of Calling to Bid The Bid Date has been changed to January 5, 1995, at 1030 a.m. Replace Section 00030 dated 12/6/94 with the attached Section 00030 dated 12/28/94. Section 00300, Scope of Work Paragraph 1.2.11 As shown on Drawings SD-2-1, SD-2.2, SD-2.3, and SD-2.4, dated 12/28/94, it is necessary to provide new restroom facilities for the existing cafeteria prior to the demolition of the existing bathrooms indicated in this Bid Package. The Contractor shall provide all labor, material and equipment as shown on the drawings to modify the existing building and restroom facilities. All work shall be in accordance with the requirements of the Plumbing Code and the Key West Building Department. Special attention will be required for this work in order to maintain the existing facility operations as described above. Paragraph 1.2.12 It is necessary to provide a new and separate power supply to the cafeteria building. Perform this work prior to the demolition of the two small buildings at the rear of the property. The Contractor shall provide all labor, material and equipment to tie-in the new service as shown on drawings SD-2.5, SD-2.6 and SD- 2.7, dated 12/28/94. All work is to be performed is accordance with NEC standards and the requirements of the Key West Building Department and the local utility, City Electric System (CES). The Contractor shall also coordinate with CES the installation of the new pole, transformer and meter. Any charges and/or fees assessed by CES shall be paid for by the Contractor. Section 00350, Milestone Schedule The Bid Date has been changed to January 5, 1995. Replace Section 00350 dated 12/6/94 with the attached Section 00350 dated 12/28/94. ADDENDUM NO. 2 Truman School - Phase 1 Demolition Technical Specifications Section 02060, Building Demolition 1. Part 1.4, Job Conditions: Add new paragraph 1.4.B.2, "It is the Owner's intent to remove and relocate most of the loose items in the classroom addition prior to the start of demolition. However, there are some items that will remain like wooden shelving and built-in cabinets that are to be included in this Phase One Demolition. Also, please note that in addition to the remaining electrical panels and loose items, there are two steel water tanks inside one of the one story back buildings that are to be included in this Phase One Demolition." ADDENDUM NO. 2 Truman School - Phase 1 Demolition ADDENDUM ACKNOWLEDGEMENT PROJECT: Truman School - Phase 1 Demolition Please acknowledge receipt of Addendum No. 2 for the above referenced project by signing and dating below. Company: Signature: Name: Title: Date: Please return by facsimile or mail to: Morrison-Knudsen/Gerrits 5090 College Road Key West, FL 33040 Phone: (305) 292-7845 Fax: (305) 292-9697 ADDENDUM NO. 2 Truman School - Phase 1 Demolition SECTION 00030 NOTICE OF CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, January 5, 1995, at 10:30 a.m., a Committee consisting of the County Purchasing Director, the County Attorney, and the County's Construction Manager, will meet and open sealed bids at the Monroe County Purchasing Department, 5100 College Road, Public Service Building, Cross Wing, Room 002, Stock Island, Key West, Florida, for the: Truman School - Phase 1 Demolition All bids must be in the hands of the Monroe County Purchasing Director, on or before 10:30 a.m. on January 5, 1995. No Bids will be received after the deadline. All bids, together with the recommendation of the County Administrator, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. Drawings and specifications can be examined and obtained at the office of Morrison-Knudsen/Gerrits, 5090 College Road, Stock Island, Key West, Florida 33040, (305) 292-7845, in accordance with the Instructions to Bidders. Drawings and specifications can be obtained for the refundable deposit sum of $30.00, payable to Monroe County. Bid Security payable to Monroe County Board of County Commissioners in the amount of five percent (5%) of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Bidder awarded a contract in accordance with this notice shall post a public construction bond guaranteeing completion and quality of the work under the drawings and specifications. DATED at Key West, Florida, this day of , 1994. R.M. COFER Director of Purchasing, for Monroe County, Florida 12/28/94 NOTICE OF CALLING FOR BIDS 00030 - 1 Truman School - Phase 1 Demolition Addendum No. 2 SECTION 00350 MILESTONE SCHEDULE This section contains the project milestone schedule. The contractor is required to determine his proposed schedule to meet these milestone dates. The Contractor is to note the following special items. a. Bid Due Date . . . . . . . . . . . . . . . . . 1/5/95 b. Award Date (Anticipated) . . . . . . . . . . . 1/18/95 C. Notice to Proceed (Anticipated) . . . . . . . . 1/20/95 d. Substantial Completion Date . . . . . . . . . . 4/20/95 ******END OF SECTION 00350****** 12/28/94 MILESTONE SCHEDULE 00350 - 1 Truman School Phase 1 Demolition Addendum No. 2 MA.a �Ial� cv � I � �' >f=w a \\ & # � e ® &9)\\f -tp\ �•ƒƒ &\ a CD - @ƒt \f \ . —.4" «Q I .9'•Z •XVW «� ct"us� 'MW «j 0 t� Z r .cc «61 FR I N r4 I r Q H U LL W J J W 5 a 0 O W� 1 W D X_ LL Z Z m O d JCL U W in lik 2 J W W 3 cC LO O a� 10 O) C f0 N m O C O t N a ro L N � N y c n. f° c M 3 N N It m0* �Z ca � C U-0 —> LL O. ~O UZ ZO aRT T UWJ V- O > ZU= UU:D O-1LL U Z0 cr �Z$ Q 6 It~V) ad Ce ' W QO� cra0 W f ) LL <Z'U =2 OUP W � T r Z Z ED cc OCCF-Q -i t= W>QU g O Lod C N C N_ N O Y U O O N_ 9 N E Y y (n 3 am) o N CO .5 O N O U O •c � La N N U) (6 a> m N C — fn N oU) (D o 0 N cco W z 3 N U 3 os J W O_ Q Co W . a iL E `0 '0 mN l6 m d O m N O O E N YO toN C C m O Z E N U •— N N o O O — °E L IUD) 3 c m N A U O ; N m o c U � la 3 DI LL i+L L O co COa N m 3 EY 2! N U O O 0 o d E2 W_ WSm o4 W 7 U •d E U) O J O O OPi -'90 M5 O O LN6 C t6 U C 0 d N CD co O T y C p R td C N L.a L6 N O U O O N C CN C N U C N C � O L CCDm YN Y Y N O a N Ca y C L t N C C N 10 0rn'0�d m > C 0 6 2wu-S a E N c a 0 co N a V � c iii O O CMm N m0T�N V ) N C) C c a v�0dcd �UC72 m LE 9-4 Z Z a O Z O "a c a- U w °` z > o 5 u s zV W (ii u a: %EI� 2 s -W O a E Q N N NNN N a U C m E N N N N N N N N W a cOON NNNNN O Q m Q m r n'tOON Oa NN NN0 N !nLOOLo000000 0�r-N.-(7 cm cm m C d.ONM NNNNN �N Co m a IAAAAAmml a �Z a YM � U G U" w o z> z . 5- O u■ z ,=� W . W� Ix " W� o h�,fO'5„ WtAj WA J6- m 2 I SECTION 00110 C PROPOSAL FORM ` BID TO: MONROE COUNTY BOARD OF COUNTY COM c/o PURCHASING DEPARTMENT PUBLIC SERVICE BUILDING, ROOM 002 5100 COLLEGE ROAD, STOCK ISLAND KEY WEST, FLORIDA 33040 BID FROM: AMERICAN ATLAS WRECKING INC i9:Zs v Sunrira Sivd #502 F.L. Laudordalo, 33304 The undersigned, having carefully examin, t the Work and reference Drawings, specifications, Proposal, and Addenda thereto and other Contract Documents for: Truman School - Phase 1 Demolition and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman- like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. 21/94 BID PROPOSAL 00110 - Truman School Phase 1 Demolition 1. Total Base Bid (Total Base Bid - words) I acknowledge receipt of Addenda No.(s) ONE and TWO I have included pages 1 through 8 of the Bid Proposal which entails the Proposal Form _y, the required Bid Security- X�, the Lobbying and Conflict of interest Clause , the Sworn Statement of Public Entity Crimes__, and the Non -Collusion Affidavit_. (Check mark items above, as a reminder that they are included.) Mailing 4ddress: Phone Number: (305) 728-8488 Date: Jan„ary 4.,1QQ5 Signed: "1 _ Alexander Jackson (Name) itle) Witness: �•, (Seal) , • • ' r " 4 . .i i 1 ` 11/21/94 BID PROPOSAL 00110 - 3 Truman School Phase 1 Demolition THE AMERICAN INSTITUTE OF ARCHITECTS A!A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we American Atlas Wrecking, Inc. 1975 E. Sunrise Blvd, Suite 502 Mere amen full name and address or legal title of Contnctod Ft Laddejrdale, FL 33304 as Principa, hereinafter called the Principal, and Amwest Surety Insurance Company PO BOX 1857 (Here rnsen lull name and address or legal title of sureryl Richmond, Virginia 23215 a corporation duly organized under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly bound unto Monroe County Board of County Commissioners (Here Insert full name and address or legal tide of Ownen as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid Amount ----------- Dollars ($ 5% of bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here inert foil name, address and description at proje<II Truman School - Phase I Demolition NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith 6istract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect 11 Signed and sealed this 20th day of December T9 94` AIA DOCUMENT A310 • $to 30NO • A(A 0 • FE3RUARY 1970 ED • THE AMERICAN - INSTITUTE OF ARCHITECT5, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 T L. I. r 1ZNI Y • . • �` tt `T,TE'DF ~ O� i J♦.._ Y c "�, •� . ♦ • Y•�• � •f «�,I♦j� '-yam"• a • 1lY - Tr ••,�• •r• •.•• NOi vA4to „ ExECUTE0,�4I w 100ti�95 with black and rcd lak. .r� tlnty oewin r.ae1f -.. I �� .,.�•. ^I111ll1 l� L• • I, •� V 91 �6, .i WO 1.1 HIS ' lmxly1 Accnuc Pint 111tICa 6u> �+500 �\uuall ;aa' Ial .. — LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTYr FLORIDA ETHICS CLAUSE AMERICAN ATLAS WRECKIN INC, (Company) • warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee In violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010.1990. For breach or violation of this provision the County may, in its discretion, terminate this contract withot liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, comission, percentage, gift, or consideration paid to the former County officer or employee". /J9 . Data: Tannary dr 1QQri STATE OF FInrida COUNTY OF Brnyard _ Subscribed and sworn to (or affirmed) before me an(date)(date) b of ffiano Na/She Is personally krxm to me or has pr as Identification. (type of identification) J _ W..7I CC 24SD16 E70 M Ommobw 22,10 Iambs Tdm VOINY HOb *Wm*n MCP #4 Rev 2/92 11/21/94 BID PROPOSAL 00110 - 7 Truman School Phase 1 Demolition Section 00110 Non -Collusion Affidavit i, A.1 prandpr .Tarlcgnn of the city of Fort T.audprdalp according to law on my oath, and under penalty of perjury, depose and say that; 1.) 1 am President of the firm of American Atlas Wreckino-Inc. the bidder making the Proposal for the project described in the notice for calling for bids for: Demolition and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such process with any other bidder or with any competitor; 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4.) no attempt has been made or wilt be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5.) the statements contained in this affic.dt are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained In this affidavit innawarding ccanntract for said project. emir �7/ � Jan. 4. 1995 (Signature ofWider) (Date) STATE OF. Florida CMMTY OF: Broward PERSONALLY APPEARED BEFORE ME, the undersigned authority, Alexander Jackson who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 4th day of January 19 CL NOTARY PUBLIC My eomaj,ygipn expires: 10=721 &EKIThkI 9!Am n 11/21/94 BID PROPOSAL 00110 - 6 Truman School Phase 1 Demolition SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MIST RE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to Monroe County Rd. of County Commissioners (print name of the public entity) by Alexander Jackson, President (print individual's name and title) for American Alas WrerkinQ.7n . (print name of entity submitting sworn statement) whose business address is 1975 E. Sunrise Blvd., *502, Ft. Lauderdale, F1. 33304 and (if applicable) its Federal Employer Identification Number (FE:.., is 65-0357923 (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(9), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United $totes and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that 'convicted" or "conviction" as defined in Paragraph 287J330)(b), Florida / Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an 1 adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contender@. A. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(0), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate• Includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of hares constituting a controlling interest in another person, or pooling of equipment or income among person when not for fair market value under an arm's length agreement, shall be a prim facie case that on Wean controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime In Florida during the preceding 36 months shalt be considered an affiliate. 3. I understand that a "person" as defined in Paragraph 287.1330)(e), Florida Statutes, mere any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person- includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which 1 have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) X_ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who art active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. 11/21/94 BID PROPOSAL 00110 - 4 Truman School Phase 1 Demolition jThe entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) 1 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 AN REWIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORID 7ATUTE FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ( nature) Sworn to and subscribed before me this 41-.h day of IAniiary 19 Q_. Personally known Alexander Jackson OR produced identification Notar Public - State of _ t?1^C4 A, (Typ! of I .I Acat on) r-1"'1 �•�17 T-1 Form PUR 7068(Rev. 06111192) 11/21/94 BID PROPOSAL 00110 - 5 Truman School Phase 1 Demolition THE AMERICAN INSTITUTE OF ARCHITECTS El AIA Document A2011CM CONSTRUCTION MANAGEMENT EDITION General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. 1980 EDITION TABLE OF ARTICLES 1. CONTRACT DOCUMENTS 8. TIME 2. ADMINISTRATION OF THE 9. PAYMENTS AND COMPLETION CONTRACT 10. PROTECTION OF PERSONS AND 3. OWNER PROPERTY 4. CONTRACTOR 11. INSURANCE 5. SUBCONTRACTORS 12. CHANGES IN THE WORK 6. WORK BY OWNER OR BY 13. UNCOVERING AND CORRECTION SEPARATE CONTRACTORS OF WORK 7. MISCELLANEOUS PROVISIONS 14. TERMINATION OF THE CONTRACT I I CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. Copyright 1975, 0 1900, by The American Institute of4ArChiteclt, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United Slates and will be subject to legal prosecution. AIA DOCUMEM AI1111/CM • GENEILU CONDITIONS Of THE CONTMCT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE I= EDITION • AIM a 019M • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YOU AVE- N.W., WASHINGTON. D.C. 2000a VMRNNG: UMkernaad photocopying violas US. copyright Iwe and M subject to I^aN prof i ctrlbn. 11/21/94 GENERAL CONDITIONS Truman School Phase 1 Demolition A201 /CM —1980 1 00750 — 1 INDEX Acceptance of Defective of Non -Conforming Work ..61.2, 13.3 Acceptance of Work .................. 9.5.5. 9.8.1, 9.9.1. 9.9.3 Access to Work ................................. 2.3.6. 62.1 Accident Prevention ............................... 2.3.5, 10 Acts and Omissions ..............4.18.3, 7.4, 7.6.2, 8.3.1. 10.5 Addenda, Definition of...............................1.1.1 Additional Costs, Claims for ...........................12.3 ADMINISTRATION OF THE CONTRACT ..............X 4.33 Agreement, Extent of...............................1.1,1.2 All Risk Insurance...................................11.3.1 Allowances...........................................4.8 Applications for Payment, Contractor's .......2.3.8, 9.2.1, 9.3.1, 9.33., 9.5.3, 9.7.1, 9.82, 9.9.1, 9.9.3, 9.95, 113.1, 1421 Applications for Payment, Project ................. 2.3.8, 2.3.9, 93.1, 9.4, 9.6.1. 9.7.1 Approvals ...................... 2.3.18, 3.4, 4.3.3, 4.5. 4,124, 4.12.5, 4.12.6, 4.12.8, 4-13.2, 7.7,9.3.2 Arbitration ........2.3.15, 2.3.23, 6.25, 7.9. 8.3.1. 113-7, 11.3.8 Architect, Definition of.................................2.1 Architect, Extent of Authority ........2.3, 3 4.12.8, 52, 7.72, 12.1.1, 12.7A, 127.7, 12.4.7, 1).1, 172.7, 7325, 14.2 Architect, Limitations of Authority and Responsibility .....2.3.2 through 2.3.5, 2.3.13 through 2.3.18, 2.3.22, 4.12.6, S.2.1, 9.41, 9.5.4, 9.5.5, 12.4 Architect's Additional Services . , .3.4, 711,132.1, 13.25,142.2 Architect's Approvals ......2.3.16, 3.4. 4.5. 4.12.6. 4.12.8, 4.163 Architect's Authority to Reject Work ....2.3.16, 45, 13.1.2. 132 Architect's Copyright...................................1.3 Architect's Decisions .............. 2.3.10 through 2.3.16. 7.72. 7.9.1, 9.2, 9.4,9.6.2, 9.8.1, 11.1.4, 12.3.1 Architect's Inspections .........2.3.16, 2.321, 9.4.2. 9.8.1, 9.9.1 Architect's Instructions .......... 2.3.16, 2.3.19, 7.72, 12.4, 13.1 Architect's Interpretations ......... 2.3.10 through 2.3.13.12.3.2 Architect's On -Site Observations .......2.3.4, 2.3.6, 2.3.9, 7.7. 1, 7.7A, SAA 9.&1, 9.9.1 Architect's Relationship with Contractor ......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, 4.13,11.3.6 Architect's Relationship with Subcontractors .................. 1.1.2, 23.16, 9.5.3, 9.5A Architect's Representations .................9.4.2, 9.6.1, 9.9.1 Artistic Effect .......................1.2.3, 2.3.14, 2.115, 7.9.1 Attorneys Fees ........................... 4.18.1, 6.25. 9.9.2 Award of Separate Contracts...........................6.1.1 Award of Subcontracts and Other Contracts for Portions of the Work ............................... 5.2 Boiler and Machinery Insurance .......................11.3.2 Bonds, Lien .................................... 9.3.3, 9.9.2 Bonds, Performance, Labor and Material Payment .....75. 9.9.3 Building Permit ........................................ 4.7 Certificate of Substantial Completion ....9.8.1, 9.82, 9.8.3, %8.4 Certificates of Inspection, Testing or Approval ............ 7.7.3 Certificates of Insurance ........................9.32. 11.1.4 Certificates for Payment, Project ........2.3.9, 2.3.21, 9.4. 9.5.1, 9.S.5, 9.6.1, 9.7.1, 9.8.1, 9.9.1. 9.9.3,12.1.4,14.1.1,14.2.2 Change Orders ...............1.1.1, 2.3.19, 3.4, 4.8.2.3, 4.11.1, 5.2.3, 7.7.2,&3.1,9.7, 9.9.3, 11.3.1. 11.3.5. 11.3.7, 12.1,121.1,12.3.1, 13.1.1,13.2.5,13.3.1 Change Orden, Definition of ......................... 12.1.1 CHANGES IN THE WORK .................. 13.19, 4.11.1, 12 Claims for Additional Cost or Time .....8.3.2, 8.3.3, 12.2.1, 12.3 Claims for Damages ...............6.1.1, 6.2.5, 7.4, 8.1, 9A.1.2 Claims and Disputes Between Contractor and Owner .............. 2.3.12, 2.3.15, 2.123, 4.18.2, 7.9 Cleaning Up ...................................... 4.15,6.3 Commencement of the Work, Conditions Relating to .32.1, 42, 4.7.1,4.10,5.2.1, 6.2.2. 7.5, 9.2,11.1,11.3.4 Communications ......................2.3.2, 32.6, 4.9.1, 4.16 Completion, Conditions Relating to ...2.1.21, 4.11, 4.1S, 9.4.2, 95, 13.21 COMPLETION, PAYMENTS AND ..........................9 Completion of the Project, Substantial .......8.1 4, 9.8.3, 9.8.4, 9.%4, 9.95, 9.9.6, 13.2.1, 13.2.2 Completion of the Work, Substantial ........ 2.3.21, 8.1.1, 8.1.31 8.2.2, 9.8, 9.4.2, 9.9.3, 113.9 Compliance with Laws ............ 1.3, 2.1.1, 4.6, 4.7, 4.13, 7A, 7.6.1, 7.7.1, 10.2.2, 14.2.1 Concealed Conditions ................................. 12.2 Consent, Written ....................2.3.22, 4.14.2, 7.2, 7.6.2, 9.8.1, 9.9.2, 9.9.3, 11.3.9 Construction Manager, Definition of .....................2.2 Construction Manager's Approval ...............4.10.1, 4.13.2 Construction Manager's Additional Services .........3.4, 7.7.2, 13.2.1, 13.2.5, 14.2.2 Construction Manager's Authority and Responsibility .....2.3.3, 2.3.5,2.3.16,2.3.10,2.3.22, 4.5.1, 4.17.1, 4.15.3. 7.7.4, 92, 10.2.S, 11.3.6, 12.1.4, 14.1.1 Construction Manager's Confirmation ................... 9.9.3 Construction Manager's Consultation with the Architect .2.3.12, 2.3.16,2.3.19,2.3.21,3.4.1,9.6.1, 9.8.1,12.1.4,12.3.1,14.2.1 Construction Manager's Coordination and Scheduling ....2.3.7. 2.3.17, 4.3.1, 4.10.1, 4.12.4 Construction Manager's Decisions ..................6.3, 8.3.1 Construction Manager's Determinations ..23.3, 6.3.1, 7.7.2, 8.3.1 Construction Manager's Interests ................ 11.3.1. 11.3.2 Construction Manager's Recommendations ....2.3.8, 2.3.9, 9.3.1, 9.4.1, 9.7.1, 9.9.1, 12.1.1 Construction Manager's Relationship with Architect ...................1.11, 231, 2.3.3, 2.311 Construction Manager's Relationship with Contractor .....1.1.2, 23.15, 2.3.16, 3.2.6, 42.1, 4.3.3, 4.5, 4.7.3, 4.11.1, 4.12.4, 4.12.6, 4.16.1, 4.17.1, 4.16, 5.2, 61.1, 6.2.2, 7.6.2, 7.7, 7.9.1, 7.9.2, 8.3.1, 8.32. 9.4.1. 9.5.4, 9.8.1, 9.9.1, 10.2.6, 11.1.4, 11.3.6 Construction Manager's Relationship with Subcontractors ................... 1.1.2, 2.3.16, 5.3.1 Construction Manager's Review ............. 2.3.8, 2.3.17, 5.2.1 Construction Schedule, Contractors .....................4.10 Contract, Definition of ................................ 1.11 Contract Administration ........................... 2.3, 4.3.3 Contract Award and Execution, Conditions Relating to ......41.1, 4.10, 5.2, 7.5,11.1,11.14 CONTRACT DOCUMENTS .......... :.................... 1 Contract Documents, Copies furnished and Use of .... .......... 1.3, 3.2.5, 5.3 Contract Documents, Definition of ..................... 1.1.1 Contract Modifications ............................. 1.1.1, 12 Contract Sum, Definition of ........................... 9.9.1 Contract Termination ................................... 14 Contract Time, Definition of ........................... 8.1.1 CONTRACTOR.........................................4 Contractor, Definition of .......................... 4.1, 6.1.2 Contractor's Construction Schedule ..................... 4.10 AIR DOCUMENT A16UCM • GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE IM EDITION • MAR • 0IM • THE 2 A201)CM-1980 AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK AVE_ N.W., WASHINGTON, O.C. X11O6 WAMMM UnecRnRW PlwroeepWW vba1RR U.B. Wyfht Iwv RM IR su6Met to MYI proaeMion, 11/21/94 GENERAL CONDITIONS 0o75U - Z Truman School Phase 1 Demolition Contractor's Employees ...... 4.3.2, 4A.2, 4.8.1, 4.9, 4.18, 10.2.1 through 10.2.4, 10.2.6, 10.3, 11.1.1 Contractor's Liability Insurance ......................... 11.1 Contractor's Relationship with Architect ...... 1.1,2, 2.3.5, 2.3.6, 2.3.13, 2.3.16, 4.3.3, 4.5, 4.7.3, 4.12.6, 4.18, 11.3.6 Contractor's Relationship with Construction Manager . ..1.1.2, 2.3.15, 23.16, 3.2.6, 4.2.1, 4.3.3, 4.5, 4.7.2, 4.11.1, 4.12.4, 4.12.6, 4.16.1, 4.17.1. 4.18, 5.2, 6.2.1, 6.2.2, 7.6.2, 7.7, 7.9.1, 7.9.2, 8.3.1, 83.2, 9.4.1, 9.5.4, 9.8.1, 9.9.1, 10.2.6,11.1.4,11.3.6 Contractor's Relationship with Separate Contractors and Owners Forces ............................ 3.2.7, 6 Contractor's Relationship with Subcontractors .......... 1.2.4, 5.2. 5.3, 9.5.2, 11.3.3, 11.3.6 Contractors Representations ........... 1.2.2, 4.5, 4.125, 9.3.3 Contractor's Responsibility for Those Performing the Work .....................4.3.2, 4.18, 10 contractors Review of Contract Documents .... 1.2.2, 4.2, 4,7.3 Contractor's Right to Stop the Work .....................9.7 Contractor's Right to Terminate the Contract ............. 14.1 Contractor's Submittals ............... 2.3.18, 4.10, 4.12, 5.2.1, 5.2.3, 92, 9.3.1, 9.8.1, 9.9.2, 9.9.3 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 Liability Insurance ........................11.1.3 Coordination and Correlation ......... 1.2.2, 1.2.4, 4.3.1, 4.10.1, 4.12.5,6.1.3,6.21 Copies Furnished of Drawings and Specifications ..1.3, 3.2.5, 5.3 Correction of Work ..................... 3.3, 3.4, 10.2.5, 13.2 Cost, Definition of .................................. 12.1.4 Costs .......3.4. 4.8.2, 4.15.2, 5.2.3, 6.1.1. 62.3, 6.2.5. 6.3, 7.7.1, 7.7.2, 9.7, 11.3.1, 11.3.5, 12.1.3, 12.1.4, 12.3, 13.1.2, 13.2, 14.2.2 Cutting and Patching of Work .......................... 4.14 Damage to she Work ........ .... 4.14-2, 10.2.1.2, 10.2.7, 11.3.1 Damage to Work .............4.14.2, 4.18.1, 6.2.4, 6.2.5, 9.6.15, 10.2.1.3, 10.2.2, 10.2.5, 10.3, 13.2.6 Damages, Claims for ..................6.1.1, 6.2.5, 7.4, 9.6.12 Damages for Delay..........................6.1.1, 8.3.4, 9.7 Day, Definition of .................................... 8.1.5 Decisions of the Architect ......... 2.3.10 through 2.3.16, 7.7.2. 7.9.1,9.2, 9,4,9.6.1, 9.8.1, 12.1.4, 12.3.1 Decisions of the Construction .Manager ..............6.3, 8.3.1 Defective or NomConforming Work, Acceptance, Refection and Correction of .. ..2.3.4, 2.3.16, 3.3, 3.4, 4.5, 9.9.4.2' 13 5. Definitions ............... 1.11 2.1, 2.2, 3.1, 4.1, 4.12.1 through 4.12.3, 1, 6.1.2, 8.1, 9.1.1, 12.1.1, 12.1.4 Delays and Extensions of Time .......................... 8.3 Disputes ................. 2.3.12, 2.3.15, 2.3.23, 6.2.5, 6.3, 7.9.1 Documents and Samples at the Site .....................4.11 Drawings and Specifications, Use and Ownership of ................ 1.3, 3.2.5, 4.11, 5.3 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, Materials 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 Execution 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, 101.3, 10.2.4, 14.2 Execution, Correlation and Intent of the Contract Documents ......................1.2, 4.7.1 Extensions of Time ........................ 8.3, 12.1.1, 12.1.2 Failure of Payment by Owner .......................9.7, 14.1 failure of Payment of Subcontractors ......9.6.1.3, 9.9.2, 14.2.1 Failure to Carry out the Work ..........................2.3.5 Final Completion and Final Payment ...2.3.15, 2.3.21, 9.9, 13.3.1 Financial Arrangements, Owner's ....................... 3.2.1 Fire and Extended Coverage Insurance ................. 11.3.1 Governing Law ........................................ 7.1 Indemnification ........................4.17, 4.18, 62.5, 9.9.2 Identification of Contract Documents ...................1.2.1 Identification of Subcontractors and Suppliers ............ 5.2.1 Information and Services Required of 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 Bidden ................................ 1.1.1 Instructions to the Contractor .......... 2.12, 12.6, 4.8.1, 7.7.2, 12.1.2, 12.1.4 INSURANCE......................................9.8.1,11 Insurance, Contractor's Liability ........................11.1 Insurance, Loss of Use ................................. 11.4 Insurance, Owner's Liability ............................111 Insurance, Property ................................... 113 Insurance, Boiler and Machinery ...................... 11.3.2 Insurance, Special Hazards...........................11.3.5 Insurance, Stared Materials ...................... 9.3.2, 11.3.1 Insurance Companies, Consent to Partial Occupancy .....11.3.9 Insurance Companies, Settlement With .................11.3.8 Intent of the Contract Documents .............. 1.2.3, 2.3.10, 2.3.13, 2.3.14, 12.4 Interest..............................................7.8 Interpretations, Written ........1.1.1. 2.3,11, 2.3.12, 2.3.13, 12.4 Labor, Materials 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, 10.2.1.2, 11.3.1, 12.1A, 13.2.2, 13.2.5, 14 Labor and .Material Payment Bond ....................... 7.5 Labor Disputes.......................................8.3.1 Laws and Regulations ............. 1.3, 2.1.1, 4.6, 4.7, 4.13, 7.1, 7,63, 7.7.1, 10.2.2, 14 Liens ................................... 9.3.3, 9.9.2. 9.9.4.1 Limitations of Authority .................. 2.3.2, 11.3.8, 12.4.1 Limitations of 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, 9.5.4, 9.9.4, 9.9.5, 10.2.5, 11.1.2, 11.3.6 Limitations of Time, General ........ 2.3.11. 2.3.18, 3.2.1, 3.2.4, 4.2, 4.7.1, 4,7.3, 4.12.4, 4.15.1, 5.2.1, 5.2.3, 6.2.1, 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 of Time. Specific ......... 3.4, 4.10, 7.9.2, 8.2, 8.3.2, 8.13, 9.2, 9.3.1, 9.4.1, 9.5.1, 9.7, 11.1.4, 11.3.8, 12.2, 12.3.1, 13.2.2, 13.2.7, 14.1, 14.2.1 Limitations, Statutes of ................... 7.9.2, 13.2.2, 13.2.7 Loss of Use Insurance ................................. 11.4 ALA DONAFENT Alb/CM , CENTRAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • TUNE 19ae EDITION • AIM - O 1W s THE AMERICAN INSTITUTE Of ARCHITECTS, 173S NEW YORK AVE., N.W., WA9HINGTON. O.C. 1000a WARNING: Unlicensed Photocopying vlolatas U.B. copyright laws artd is subject to legst prosecution. A201/CM-1980 3 11/41/y4 GENERAL CONDITIONS 00750 - 3 Truman School Phase 1 Demolition Materials, Labor 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, 9.91, 10.21.2, 11.3.1, 12.1.4, 13.2.2. 13.2.5, 14 Material Suppliers ........................4.12.1, 5.2.1, 9.3.3 Means, Methods, Techniques, Sequences and and Procedures of Construction ......... 2.3.5, 4.3.1, 9A.2 Minor Changes in the Work ................ 1.1.1, 2.3.19, 12.4 MISCELLANEOUS PROVISIONS ...........................7 Modifications, Definition of ........................... 1.1.1 Modifications to the Contract ........ 1.1.1, 1.1.2, 2.3.2, 2.3.22, 4.11.1, 4.7.3, 12 Mutual Responsibility .................................:6.2 Non -Conforming Work, Acceptance of Defective or .......13.3 Notice, Written ............ 23.11, 2.3.15, 4.2, 4.7.3, 4.7.4, 4.9, 4.12.6, 4.12.7, 5.2.1, 7.3, 7.4, 7.91, 8.11, 8.3.2, 8.3.3, 9.4.1, 9.6.1, 9.7, 9.9.1, 9.9.5,10.2.6,11.1.4. 11.11, 11.3.5,11.3.7,11.3.8,121,123,13.2.2,13.2 " 14 Notices, Permits, Fees and .............2.3.2, 4.7, 4.13.1, ,,,.2.2 Notice of Testing and Inspections ........................ 7.7 Notice to Proceed .................................... 8.1.2 Observations, Contractor's ....................... 1.21, 4.7.3 Occupancy ......................... 8.1.3, 8.1.4, 9.5.5, 11.3.9 On -Site Inspections by the Architect ........... 2.3.16, 2.3.21, 9.4.2, 9.8.1. 9.9.1 On -Site Observations by the Architect ........2.3.4, 2.3.61 2.3.91 7.7.1. 7.7.4, 9.4.2, 9.6.1, 9.9.1 Orden, Written .................. 3.3, 4.9, 12.1.4, 12.4.1, 13 1 OWNER...............................................3 Owner, Definition ..................................... 3.1 Owner, Information and Services Required of the .......... 3.2, 4.7.1, 6.1.3, 6.2, 9, 11.2, 11.3 Owner's Authority .................. 2.3.21, 7.7.2, 9.3.1, 9.3.2, 9.8.1, 11.3.8, 12.1.2, 12.1.4 Owner's Financial Capability ..........................3.2.1 Owners Liability Insurance ............................ 111 Owner's Relationship with Subcontractors .......... 1.1.2, 9.5.4 Owners Right to Carry Out the Work .............. 3.4, 13.2.4 Owner's Right to Clean Up r .. • ...................4.15.2, 6.3 Owner's Right to Perform Work and to Award Separate Contracts ........................... 6.1 Owner's Right to Terminate the Contract ................. 14.2 Owners Right to Stop the Work ......................... 3.3 Ownership and Use of Documents .............. 1.3, 12.5, 5.3 Patching of Work, Cutting and ......................... 4.14 Patents, Royalties and ................................ 4.17.1 Payment Bond, Labor and Material ....................... 7.5 Payment, Contractor's Applications for ......2.3.8, 9.2, 9.3, 9.4, 9.5.3, 9.6.1, 9.7.1, 9.8.2, 9.9.1, 9.9.5, 14.12 Payment, Project Certificates For ........ 2.3.9, 2.3.21, 9.4. 9.5.1, 9.5.5, 9,15.1. 9.7.1, 9.81, 9.9.1, 9.9.3. 12.1.4, 14.1.1, 14.2.2 Payment, Failure of ................ 9.5.2, 9.6.1.3, 9.7, 99.2. 14 Payment, Final .................... 2.3.15. 2.3.21, 9.9, 13.3.1 Payments, Progress ..........7.8, 7.9.3, 9.5.5, 9.8.2, 9.9.3, 121A PAYMENTS AND COMPLETION ..........................9 Payments to Subcontractors .......... 9.5.2, 9.5.3, 9.5.4,9.6.1.3, 11.3.3, 14.2.1 Payments Withheld .................................... 9.6 Performance Bond and Labor and Material Payment Bond ...7.5 Permits, Fees and Notices .............. 3.2.3, 4.7, 4.13, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ..............10 Product Data, Definition of .......................... 14.21 Product Data, Shop Drawings, Samples and ...2.3.18, 4.2.1, 4.12 Progress and Completion .................... 2.3.4, 7.9.3, 8.2 Progress Payments .......... 7.8, 7.9.3, 9.5.5, 9.3.2, 9.9.3, 12.1.4 Project, Definition of ................................ 1.1.4 Project Construction Schedule .......................... 4.10 Property Insurance....................................113 PROTECTION OF PERSONS AND PROPERTY ..............18 Record Documents ................................... 4.11 Regulations and Laws ............... 1.3, 2.1.1, 4.6, 4.7, 4.13.1, 7.1, 10.2.2, 14 Rejection of Work ........................ 2.3.16, 4.5.1, 13.2 Releases of Waivers and Liens ....................9.9.2, 9.9.4 Representations ............ i 1 2, 4.5, 4.12.S, 9.4.2, 9.6.1, 9.9.1 Representatives ....2.1, 2.2, 2.3.2, 2.3.22, 3.1, 4.1, 4.9, 5.1, 933 Responsibility for Those Performing the Work .....2.35, 4.3.2, 6.1.3, 6.2, 9.8.1 Retainage ...................... 9.3.1. 9.5.2, 9.8.2, 9.9.2, 9.9.3 Review of Contract Documents by the Contractor .......1.2.2, 4.2, 4.7.3 Reviews of Contractor's Submittals by Owner and Architect ............... 2.3.18, 4.10, 4.12, 5.2.1, 5.2.3, 9.2 Rights and Remedies ............. 1.1.2, 2.3.15, 2.3.16, 13, 3.4, 5.3, 6.1, 6.3, 7.6. 7.9, 8.3.1, 9.6.1, 9.7, 10.3, 12.11, 12.2, 13.2-2, 14 Royalties and Patents.................................4.17 Safely of Persons and Property ......................... 10.2 Safety Precautions and Programs ..................2.3.5, 10.1 Samples, Definition of ............................... 4.123 Samples, Shop Drawings, Product Data and ......2.3.17, 2.3.18, 4.2, 4.12 Samples at the Site, Documents and ....................4.11 Schedule, Contractor's Construction .....................4.10 Schedule, Project Construction .........................4.10 Schedule of Values .................................... 9.2 Separate Contracts and Contractors ..... 4.14.2, 6, 11.3.6, 13.1.2 Shop Drawings, Definition...........................4.12.1 Shop Drawings, Product Data and Samples ............. 2.3.17, 2.3.18, 4.2, 4.12 Site. Use of ..................................... 4.13, 6.2.1 Site Inspections ............ 1.2.2, 2.34, 2.3 21, 7.7, 9.8.1, 9.9.1 Site Visits, Architect's ................. 2.3.4, 2.3.6, 2.19, 7.7.1, 7., A, 9.4.2, 9.6A, 9.9.1 Special Inspection and Testing .................... 2.3.16, 7.7 Special Hazards Insurance ............................ 11.35 Specifications ............................... 1.1.1, 1.2.4, 1.3 Statutes of Limitations ....................7 9.2. 1311, 13.17 Stopping the Work ...................... 3. 3, 9.7.1, 10.3, 14.1 Stored materials ............6.21, 9.3.2, 10.2-1.2, 11.3.1, 13.2.5 SUBCONTRACTORS....................................5 Subcontractors, Def na,.n of ..........................5.1.1 Subcontractors, Work by .............. 1.2.4, 2.3.5, 4.3.1, 4.3.2 Subcontractual Relations ............................... 5.3 Submittals ........ _ ........ 1.3, 2.3,18, 4.10, 4,12, 5.2.1, 5.2.3, 9.2, 9.3.1, 9.8.1, 9.9.1, 9.9.3 AIA DOCUMENT A141ICM • GENERAL CONDITIONS Of 1Hr CONTRACT 50R CONSTRUCTION CONSTRUCI ION MANAGEMENT EDITION • IVNE 19an EDITION • AI' • p 1W • THE 4 A2011CM-1980 AME RICAN INSII TU TE OF ARCH I TE CI S. 1,35 ]E1V YORK AYE_ N. w., WA5HI NOTON, D.C. _0 WARNING: Unlleanse4 phntoeopyfrlg Vblates U.S. copyright laws aM Is subject to legal plosecullon. 11/21/94 GENERAL CONDITIONS 00750 - 4 Truman School Phase 1 Demolition Subrogation, Waiver of .............................. 11.3.6 Substantial Completion of the Project ........8.1.4, 9.8.3, 9.8.4, 9.9.4, 9.9.5, 9.9.6, 13.2.1, 13.2,2 Substantial Completion of the Project, Definition of ......ILIA Substantial Completion of the Work ........ 2.3.21, 8.1.1, 8.1.3, 8.2.2, 9.4.2, 9.8, 9.9.3, 11.3.9 Substantial Completion of the Work, Definition of ........8.13 Substitution of Subcontractors .................... 5.2.3, 5.2A Substitution of the Architect .......................... 2.3.23 Substitution of the Construction Manager .............. 2.3.23 Substitutions of Materials ........................ 4.S, 12.1,1 Sub -subcontractors, Definition of ....................... 5.1,2 Subsurface Conditions ............................... 12.1,1 Successors and Assigns.................................7 2 Supervision and Construction Procedures .......... 1.2.4, 2.35, 4.3, 4.4, 10 Superintendent, Contractor's ...................... 4.9, 10.16 Surety, Consent of..............................9.9.2, 9.93 Surveys ....................................... 3.2.2, 4.18.3 Taxes................................................ 4.6 Termination by the Contractor ......................... 14.1 Termination by the Owner ............................. 141 Termination of the Architect ......................... 2.3.23 Termination of the Construction Manager .............. 2.123 TERMINATION OF THE CONTRACT ......................14 Tests ................................ 2.3.16, 4.3.3, 7.7, 9.41 TIME..................................................4 Time, Definition of .................................... 8.1 Time, Delays and Extensions of ..........8.3, t2.1, 12.3, 13.2-7 Time Limits, Specific ............... 3.4, 4.10, 7.9.2, 8.2, 8.3.2, 8.3.3, 91, 9.3.1, 9.4.1, 9.3.1, 9.7, 11.1.4, 11.18, 12.2. 123.1, 13.2.2, 13.21, 14.1, 14.2.1 Title to Work..................................9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK .............13 Uncovering of Work .................................. 13.1 Unforseen Conditions ............................ 8.3.1, 12.2 Unit Prices ................................. 12.1.3.2, 12.1.5 Use of Documents ............................ 1.3, 3.2.5, 5.3 Use of Site ..................................... 4,13, 61.1 Values, Schedule of .................................... 9.2 Waiver of Claims by the Contractor .... T6.2, 8.3.2, 9.9.5, 11.3.6 Waiver of Claims by the Owner ...... 7.6.2, 9.9.4, 11.3.6, 11.4.1 Waiver of Liens ...................................... 9.9.2 Warranty and Warranties .............. 2.3.21, 4.5. 9.3.3, 9.8.4, 9.9.4, 13.2.2, 13.2.7 Weather Delays......................................&3.1 Words, Recognized Meaning of ..... 6........ 6.........1.2.3 Work, Definition of .................. 6.6............. 1.1.3 WORK BY OWNER OR BY SEPARATE CONTRACTORS ... 6...6 Written Consent .......... 2.122, 4.14.2, 7.2, 7.6,2, 9.8.1, 9.9.3 Written InTerpreUtiont ................... 1.1.1, 2-3.11, 12.3.2 Written Notice .......2.3.11, 2.3.15, 4.2, 4.7.3, 4.7.4, 4.9, 4.12.6, 4.12.7. 5.2.1. 7.3, 7.4, 7.7.2. 7.9.2, 8.1.2, 8.12, 8.3.3, 9.4.1, 9.6.1, 9.7, 9.9.1. 10.1.6, 11.1.4, 11.3.1, 11.3.5, 11.3.7, 11.3.8,12.2,12.3,13.2.2,13.2.5,14 Written Orders ................... 3.3, 4.9, 12.1.4, 12.4.1, 13.1 AM DOCUMENT AAVCM • GENERAL CONDITIONS Or THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE IM EDITION • AIM • ® 1980 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1,35 NEW YORK AVE.. N.W., WASHI.NGTON. D.C. 200r16 WARNING: Unlicensed photo pyfng vitiates U& copyright lax, and Is subjM to legal prosecutIon. A201/CM-1980 S 11/21/94 GENERAL CONDITIONS 00750 - 5 Truman School Phase 1 Demolition GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 CONTRACT DOCUMENTS 1.1 DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Owner -Contractor Agreement, the Conditions of the Contract (General, Sup- plementary and other Conditions), the Drawings, the Specifications, and all Addenda issued prior to and all Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a written interpretation issued by the Architect pursuant to Sub- paragraph 2.3.11, or (4) a written order for a minor change in the Work issued by the 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 of Addenda relating to any of these, or any other documents unless specifically enu- merated in the Owner -Contractor Agreement. 1.1.2 THE CONTRACT The Contract Documents form 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, either written or oral. The Contract may be amended or modi- fied only by a Modification as defined in Subparagraph 1.1.1. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect and the Contractor, between the Construc- tion Manager and the Contractor or between the Archi- tect and the Construction Manager, but the Architect and the Construction Manager shall be entitled to perform- ance of the obligations of the Contractor intended for their benefit and to enforcement thereof. Nothing con- tained in the Contract Documents shall create any con- tractual relationship between the Owner, the Constmc- lion Manager or the Architect and any Subcontractor or Sub -subcontractor. 1.1.3 THE WORK The Work comprises the completed construction required of the Contractor by the Contract Documents, and in- cludes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. 1.1.4 THE PROJECT The Project, as defined in the Owner -Contractor Agree- ment, is the total construction of which the Work 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 any of the other Contract Documents, the Architect shall identify 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 personal observations with the requirements of the Contract Docu- ments. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and comple- tion of the Work. The Contract Documents are comple- mentary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is con- sistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4 The o nization of the Specifications into divi- sions, sections and articles, and the arrangement of Draw- ings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.3 OWNERSHIP AND USE OF DOCUMENTS 1.3.1 All Drawings, Specifications and copies thereof furnished by the Architect are and shall remain the prop- erty of the Architect. They are to be used only with re- spect to this Project and are not to be used on any other project. With the exception of one contract set for each party to the Contract, such documents are to be returned or suitably accounted for to the Architect on request at the completion of the Work. Submission or distribution to meet official 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 reserved rights. ARTICLE 2 ADMINISTRATION OF THE CONTRACT 2.1 THE ARCHITECT 2.1.1 The Architect is the person lawfully licensed to practice architecture, or an entity lawiully practicing ar- chitecture, identified as such in the Owner -Contractor Agreement. The term Architect means the Architect or the Architect's authorized representative. 2.2 THE CONSTRUCTION MANAGER 2.2.1 The Construction Manager is the person or entity identified as such in the Owner -Contractor Agreement. The term Construction Manager means the Construction Manager or the Construction Manager's authorized representative. 2.3 ADMINISTRATION Of THE CONTRACT 2.3.1 The Architect and the Construction Manager will AIA DOCUMENT ATIVCM • GENERAE CONDITIONS Of THE CONTRACT FOR CONSTRUCTIOl CONSTRUCrtON MANAGEMENT EDITION • IUNE A"" ED1RoN • AIA4 • m 1%0 • THE AWRICAN INSTITUTE OF ARCHITECTS. 11)5 NEW YORK AVE.. H.W., WASHINGTON, D.C. -'HOOF WARRING: Unkenead Phq Pf1^a NolatRa U.S, cePJH9M tang "H RUEIRCt W k1W prusecutlan. A201/CM — 1980 6 11/21/94 GENERAL CONDITIONS OU/bu — b Truman School Phase 1 Demolition provide administration of the Contract as hereinafter described. 2.3.2 The Architect and the Construction Manager will be the Owner's representatives during construction and until final payment to all contractors is due. The Archi- tect and the Construction Manager will advise and con- sult with the Owner. All instructions to the Contractor shall be forwarded through the Construction Manager. The Architect and the Construction Manager will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with Sub- paragraph 2.3.22. 2.3.3 The Construction Manager will determine in gen- eral that the Work of the Contractor is being performed in accordance with the Contract Documents, and will en- deavor to guard the Owner against defects and deficien- cies in the Work of the Contractor. 2.3.4 The Architect will visit the site at intervals appro- priate to the stage of construction to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tect will not be required to make exhaustive or con- tinuous on -site inspections to check the quality or quan- tity of the Work. On the basis of on -site observations as an architect, the Architect will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 2.35 Neither the Architect nor the Construction Man- ager will be responsible for or have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and neither will be respon- sible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither the Architect nor the Construction Manager will be respon- sible for or have control or charge over the acts or omis- sions of the Contractor, Subcontractors, or any of their agents or employees, or any other persons performing any of the Work. 23.6 The Architect and the Construction Manager shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so that the Architect and the Construction Manager may perform their functions under the Contract Documents. 2.3.7 The Construction Manager will schedule and coor- dinate the Work of all contractors on the Project includ- ing their use of the site. The Construction Manager will keep the Contractor informed of the Project Construction Schedule to enable the Contractor to plan and perform the Work properly. 2.3.8 The Construction Manager will review all Applica- tions for Payment by the Contractor, including final pay- ment, and will assemble them with similar applications from other contractors on the Project into a combined Project Application for Payment. The Construction Man- ager will then make recommendations to the Architect for certification for payment. 2.3.9 Based on the Architect's observations, the recom- mendations of the Construction Manager and an evalua- tion of the Project Application for Payment, the Architect will determine the amount owing to the Contractor and will issue a Project Certificate for Payment incorporating such amount, as provided in Paragraph 9.4. 2.3.10 The Architect wilt be the interpreter of the re- quirements of the Contract Documents and the judge of the performance thereunder by both the Owner and the Contractor. 2.3.11 The Architect will render interpretations neces- sary for the proper execution or progress of the Work, with reasonable promptness and in accordance with agreed upon time limits. Either party to the Contract may make written request to the Architect for such interpreta- tions. 2.3.12 Claims, disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Architect for decision. After consultation with the Construction Manager, the Architect will render a deci- sion in writing within a reasonable time. 2.3.13 All interpretations and decisions of the Architect shall be consistent with the intent of and reasonably in- ferable from the Contract Documents and will be in writ- ing or in graphic form. In this capacity as interpreter and judge, the Architect will endeavor to secure faithful per- formance by both the Owner and the Contractor, will not show partiality to either, and will not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 2.3.14 The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 2.3.15 Any claim, dispute or other matter in question between the Contractor and the Owner referred to the Architect through the Construction Manager, except those relating to artistic effect as provided in Subparagraph 2.3.14 and those which have been waived by the making or acceptance of final payment as provided in Subpara- graphs 9.9.4 through 9.9.6, inclusive, shall be subject to arbitration upon the written demand of either parry. However, no demand for arbitration of any such claim, dispute or other matter 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 after the parties have presented their evidence to the Architect or have been given a reasonable opportunity to do so, if the Architect has not rendered a written decision by that date. When such a Written decision of the Architect states 11) that the decision is final but subject to appeal, and (2) that any demand for arbitration of a claim, dispute or other matter covered by such decision must be made within thirty days after the date on which the party making the demand re- ceives the written decision, failure to demand arbitration within said thirty day period will result in the Architect'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 will not super- sede any arbitration proceedings unless the decision is acceptable to all parties concerned. AIA DOCUMENT AZInocAt • GENERAL CONDITIONS Or THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 19110 EDITION • AIAO . m1910 . THE 7 A2011CM-1980 AMERICAN INSTITUTE Or ARCHITECTS. 1735 NEW YORK AVE.. N.W.. WASHINGTON. D.C. 2000b WARNING: UnlicamW photocopying vlolatm US. copyright Wit SM Is wbiect to kgal prosecution. 11/21/94 GENERAL CONDITIONS 00750 - 7 Truman School Phase 1 Demolition 23.16 The Architect will have authority to reject Work which does not conform to the Contract Documents, and to require special inspection or testing, but will take Such action only after consultation with the Construction Man- ager. Subject to review by the Architect, the Construction Manager will have the authority to reject Work which does not conform to the Contract Documents. Whenever, in the Construction Manager's opinion, it is considered necessary or advisable for the implementation of the in- tent of the Contract Documents, the Construction Man- ager will have authority to require special inspection or testing of the Work in accordance with Subparagraph 7.7.2 whether or not such Work be then fabricated, in- stalled or completed. The foregoing authority of the Con- struction Manager will be subject to the provisions of Subparagraphs 2.3.10 through 2.3.16, inclusive, with re- spect to interpretations and decisions of the Architect. However, neither the Architect's nor the Construction Manager's authority to act under this Subparagraph 2.3.16. not any decision made by them in good faith either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Architect or the Con- struction Manager to the Contractor, any Subcontractor. any of their agents or employees, or any other person performing any of the Work. 23.17 The Construction Manager will receive from the Contractor and review all Shop Drawings, Product Data and Samples, coordinate them with information contained in related documents, and transmit to the Architect those recommended for approval. 23.18 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and the information given in the Contract Docu- ments. Such action shall be taken with reasonable prompt- ness so as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. L119 Following consultation with the Construction Manager, the Architect will take appropriate action on Change Orden in accordance with Article 12, and will have authority to order minor changes in the Work as provided in Subparagraph 12.4.1. 23.20 The Construction Manager will maintain at the Project site one record copy of all Contracts, Drawings, Specifications, Addenda, Change Orders and other Modi- fications pertaining to the Project, in good order and marked currently 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 delivered to the Architect for the Owner upon completion of the Project. 2121 The Construction Manager will assist the Arch, tect in conducting inspections to determine the dates of Substantial Completion and final completion, and will receive and forward to the Owner for the Owner's review written 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 authority of the Architect and the Construction %tanager as the Owner's representatives during construction as set forth in the Contract Documents, Still not be modified or extended without written consent of the Owner, the Con- tractor, the Architect and the Construction Manager, which consent shall not be unreasonably Svithheld. Failure of the Contractor to respond within ten days to a Written request shall constitute consent by the Contractor. 2.3.23 In case of the termination of the emplol ment of the Architect or the Construction Manager, the Owner shall appoint an architect or a construction manager against whom the Contractor makes no reasonable objec- tion and whose status under the Contract Documents shall be that of the former architect or construction man- ager, respectively. Any dispute in connection With such appointments shall be subject to arbitration. ARTICLE 3 OWNER 3.1 DEFINITION 3.1.1 The Owner is the person or entity identified as such in the Owner Contractor Agreement. The term Owner means the Nner or the Owner's authorized representative. 3.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 3.2.1 The Owner shall, at the request of the Contractor, at the time of execution of the Owner -Contractor Agree- ment furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Unless such reasonable evidence is furnished, the Contractor is not required to execute the Owner -Contractor Agreement or to commence the Work. 3,2.2 The Owner shall furnish all surveys describing the physical characteristics, legal limitations and utility loca- tions for the site of the Project, and a legal description of the site. 3.2.3 Except as provided in Subparagraph 4.7.1, the Owner shall secure and pay for necessary approvals, ease- ments, assessments and charges required for the construc- tion, use or occupancy of permanent structures or for permanent changes in existing facilities. 3.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable prompt- ness to avoid delay in the orderfs progress of the Work. 3.2.5 Unless otherwise provided in the Contract Docu- ments, the Contractor will be furnished, free of charge, all copies of Drawings and Specifications reasonably nec- essary for the execution of the Work. 3.2.6 The Owner shall forward all Instructions to the Contractor through the Construction Manager, with simul- taneous notification to the Architect. 3.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and es- pecially those in respect to Work 8v OSsner or Bp Sepa- rate Contractors, Pavments and Completion, and insur- ance in Articles 6, 9 and 11. respectivek, AIR DOCUMENT A201ICM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION - IUNE 1980 EDITION • AIAa . 01M • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE . N W. WASHINGTON, O.C. __O WARNING: UnllunssE photocopying violates LL9. copyright Ialvs"Is subject to legal prosecution. 11/21/94 GENERAL CONDITIONS Truman School Phase 1 Demolition A201 /CM — 1980 8 00750 — 8 3.3 OWNERS RIGHT TO STOP THE WORK 3.3.1 If the Contractor fails to correct defective Work as required by Paragraph 13.2, or persistently fails to carry out the Work in accordance with the Contract Docu- ments, the Owner, by a written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 3.4 OWNER'S RIGHT TO CARRY OUT THE WORK 3.4.1. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within seven days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy the Owner may have, make good such deficiencies. In such case an appropriate Charge Order shall be issued deducting from the pay- ments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's and the Construction Managers additional services made necessary by such default, neglect or fail- ure. Such action by the Owner and the amount charged to the Contractor are both subject to the prior approval of the Architect, after consultation with the Construction Manager. If the payments then or thereafter due the Con- tractor are not sufficient to cover such amount, the Con- tractor shall pay the difference to the Owner. ARTICLE 4 CONTRACTOR 4.1 DEFINITION 4.1.1 The Contractor is the person or entity identified as such in the Owner -Contractor Agreement. The term Con- tractor means the Contractor or the Contractors author- ized representative. 4.2 REVIEW OF CONTRACT 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 any error, incon- sistency or omission that may be discovered. The Con- tractor shall not be liable to the Owner, the Architect or the Construction Manager for any damage resulting from any such errors, inconsistencies or omissions in the Con- tract Documents. The Contractor shall perform no portion of the Work at any time without Contract Documents or, where required, approved Shop Drawings, Product Data or Samples for such portion of 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 all construction means, methods, techniques. sequences and procedures: and shall coordinate all portions of the Work under the Contract, subject to the overall coordination of the Con- struction Manager. 4.3.2 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, Subcontraclon and their agents and employees, and any other persons performing any of the Work under a con- tract with the Contractor. 4.3.3 The Contractor shall not be relieved from the Contractors obligations to perform the Work in accord- ance with the Contract Documents either by the activities or duties of the Construction Manager or the Architect in their administration of the Contract, or by inspections, tests or approvals required or performed under Paragraph 7.7 by persons other than the Contractor. 4.4 LABOR AND MATERIALS 4.4.1 Unless otherwise provided in the Contract Docu- ments, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or per- manent and whether or not incorporated or to be incor- porated in the Work. 4.4.2 The Contractor shall at all times enforce strict dis- cipline and good order among the Contractor's em- ployees and shall not employ on the Work any unfit per- son or anyone not skilled in the task assigned them. 4.5 WARRANTY 4.5.1 The Contractor warrants to the Owner, 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 quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not prop- erly approved and authorized, may be considered defec- tive. If required by the Architect or the Construction Man- ager, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This 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 legally enacted at the time bids are received, whether or not yet effective. 4.7 PERMITS, FEES AND NOTICES 4.7.1 Unless otherwise provided in the Contract Docu- ments, the Owner shall secure and pay for the building permit and the Contractor shall secure and pay for all other permits and governmental fees. licenses and inspec- tions necessary for the proper execution and completion of the Work which are customarily secured after execu- tion of the Contract and which are legally required at the time bids are received. 4.7,2 The Contractor shall give all notices and comply with ail fawsr ordinances, rules. regulations and lawful orders of any public authority bearing on the perform- ance of the Work. AIA DOCUMENT A"11CM • GENERAL CONDITIONS OF THE CONTRACT IOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • I6.SE 19W EDITION- AIAa • 019W a THE 9 A201/CM —1980 AMERICAN INSTITUTE OF ARCHITECTS. 1715 NE4, YORK AVE N 11 %%15HI1GT0N, 0.C'_mm WARNING: Unlicensed pllolmopying violates U5. COPrrlght Iarq anC IS wbfact to legal posecutlon. 11/21/94 GENERAL CONDITIONS 00750 - 9 Truman School Phase 1 Demolition 4.7.3 It is not the responsibility of the Contractor to make certain that the Contract Documents are in accord- ance with applicable laws, statutes, building codes and regulations. If the Contractor observes that any of the Contract Documents are at variance therewith in any re- spect, the Contractor shall promptly notify the Architect and the Construction Manager in writing, and any neces- sary changes shall be accomplished by appropriate Modification. 4.7.4 If the Contractor performs any Work knowing it to be contrary to such laws, ordinadces, rules and regula- tions, and without such notice to the Architect and the Construction Manager, the Contractor shall assume full responsibility therefor and shall bear all costs attributable thereto. 4.8 ALLOWANCES 4.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by these allowances shall be supplied for such amounts and by such persons as the Construction Man- ager may direct, but the Contractor will not be required to employ persons against whom the Contractor makes a reasonable objection. 4.8.2 Unless otherwise provided in the Contract Docu- ments; .1 these allowances shall cover the cost to the Contractor, less any applicable trade discount, of the materials and equipment required by the allowance, delivered at the site, and all appli- cable taxes; .2 the Contractor's costs for unloading and han- dling on the site, labor, installation costs, over- head, profit and other expenses contemplated for the original allowance shall be included in the Contract Sum and not in the allowance; .3 whenever the cost is more or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order, the amount of which will recognize changes, if any, in han- dling costs on the site, labor, installation costs, overhead, profit and other expenses. 4.9 SUPERINTENDENT 4.9.1 The Contractor shall employ a competent superin- tendent and necessary assistants who shall be in attend- ance at the Project site during the progress of the Work. The superintendent Shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. Important commu- nications shall be confirmed in writing. Other communi. cations shall be so confirmed on written request in each case. 4.10 CONTRACTOR'S CONSTRUCTION SCHEDULE 4.10.1 The Contractor, immediately after being awarded the Contract, shall prepare and submit for the Construc- tion Manager's approval a Contractor's Construction Schedule for the Work which shall provide for expedi- tious and practicable execution of the Work. This sched- ule shall be coordinated by the Construction Manager With the Project Construction Schedule. The Contractor's Construction Schedule shall be revised as required by the conditions of the Work and the Project, subject to the Construction Manager's approval. 4,11 DOCUMENTS AND SAMPLES AT THE SITE 4.11.1 The Contractor shall maintain at the Project site, on a current basis, one record copy of all Drawings, Specifications, Addenda, Change Orders and other Modi- fications, in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. These shall be available to the Architect and the Construction Manager. The Contractor shall advise 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 drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of 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 Work. 4.12.3 Samples are physical examples which illustrate materials, equipment or workmanship, and establish standards by which the Work will be judged. 4.12.4 The Contractor shall prepare, review, approve and submit through the Construction Manager, with reason- able promptness and in such sequence as to cause no de- lay in the Work or in the work of the Owner or any sepa- rate contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. The Con- tractor shall cooperate with the Construction Manager in the Construction Managers coordination of the Contrac- tor's Shop Drawings, Product Data and Samples with those of 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 field construction criteria related thereto, or will do so with reasonable promptness, and has checked and coordinated the infor- mation contained Within such submittals with the require- ments of the Work, the Project and the Contract Docu- ments. 4.12.6 The Contractor shall not be relieved of respomibil- ity for any deviation from the requirements of the Con- tract Documents by the Architect's approval of Shop Drawings, Product Data or Samples under Subparagraph 2.3.18, unless the Contractor has specifically informed the Architect and the Construction Manager in writing of such deviation at the time of submission and the Archi- lect has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or om.s,ons in the Shop Drawings, Product Data or Samples he the Architect', approeai of them. 4.12.7 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings Product Data or Samples, to revisions other than those requested by the Architect on precious submittals. AIA DOCUMENT ANIMM • GENERAL CONDITIONS Or THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 196D EDITION • AIM • 01M • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE_ N W \%ASHINGTON. OC 'Nn. A201/CM —1980 10 WARNING: UnlicerlseE photocopying violates US. copyright laws oho Is subject to legal prosecution. 1/94 GENERAL CONDITIONS Truman School Phase 1 Demolition 00750 - 10 4.12.8 No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be com- menced until the submittal has been approved by the Architect as provided in Subparagraph 2.3.18. All such portions of the Work shall be in accordance with ap- proved submittals. 4.13 USEOFSITE 4.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents, and shall not unreasonably encum- ber the site with any materials or equipment. 4.13.2 The Contractor shall coordinate all of the Contrac- tor's operations with, and secure approval from, the Con- struction Manager before using any portion of the site. 4.14 CUTTING AND PATCHING OF WORK 4.14.1 The Contractor shall be responsible for all cutting, fitting or patching that may be required to complete the Work or to make its several parts fit together properly. 4.14.2 The Contractor shall not damage or endanger any portion of the Work or the work of the Owner or any separate contractors by cutting, patching or otherwise altering any work, or by excavation. The Contractor shall not cut or otherwise alter the work of the Owner or any separate contractor except with the written consent of the Owner and of such separate contractor. The Contractor shall not unreasonably withhold from the Owner or any separate contractor consent to cutting or otherwise alter- ing the'Work- 4.15 CLEANING UP 4,15.1 The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by the Contractor's operations. At the completion of the Work, the Contractor shall remove all the Contrac- tor's waste materials and rubbish from and about the Project as well as all the Contractor's toots, cor 'ruction equipment, machinery and surplus materials. 4.75.2 If the Contractor fails to clean up at Ihe,-,omple- tion of the Work, the Owner may do so as provided in Paragraph 3.4 and the cost thereof shall be charged to the Contractor. 4.16 COMMUNICATIONS 4.16.1 The Contractor shall forward all communications to the Owner and the Architect through the Construction Manager. 4.17 ROYALTIES AND PATENTS 4.17.1 The Contractor shall pay all royalties and license fees, shall defend all suits or claims for infringement of any patent rights and shall save the Owner and the Con- struction Manager harmless from loss on account thereof, except that the Owner, or the Construction Manager as the case may be, shall be responsible for all such loss when a particular design, process or the product of a par- ticular manufacturer or manufacturers is selected by such person or such person's agent. If the Contractor, or the Construction Manager as the case may' be, has reason to believe that the design, process or product selected is an infringement of a patent, that party shall be responsible for such loss unless such information is promptly given to the others and also to the Architect. 4.18 INDEMNIFICATION 4.18.1 To the fullest extent permitted by law, the Con- tractor shall indemnify and hold harmless the Owner, the Architect, the Construction .Manager, and their agents and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, dis- ease or death, or to injury to or destruction of tangible property lother than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 4.16. 4.18.2 In any and all claims against the Owner, the Archi- tect, the Construction Manager or any of their agents or employees by any employee of the Contractor, any Sub- contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Para- graph 4.18 shall not be limited in any way by any limita- tion on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Sub- contractor under workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts. 4,18.3 The obligations of the Contractor under this Para- graph 4.18 shall not extend to the liability of the Architect or the Construction Manager, their agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, de- signs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect or the Construction Manager, their agents or employees, pro- vided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITION 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor means a Sub- contractor or a Subcontractor's authorized representative. The term Subcontractor does not include any separate contractor or any separate contractor's subcontractors. 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to per- form any of the Work at the site. The term Sub -subcon- tractor means a Sub -subcontractor or an authorized rep- resentatise thereof. 5.2 AWARDS OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise required by the Contract Docu- AIA DOCUMENT A2011CM • CENMAL CONOITIO\S Of THE CONTRACT FOR CONSTRECTION 11 A201lCM-1980 CON5TRUQION NIANAGENENT EDITION • It,NE 19W EDITION • AIAT • p196a • THE AMERICAN INSTITETE OF ARCHITECTS, 1r35 ]EN 10Rc APE., N \\ \N ASMhGTON. O.C. 10006 WARNING: Uniken"d photm"YMg ylolataf U5. copyright laWa artb Is sLkWmf to legal proM Rutlen. 11/21/94 GENERAL CONDITIONS 00750 - 11 Truman School Phase 1 Demolition ments or the Bidding Documents, the Contractor, as soon as practicable after the award of the Contract, shall fur- nish to the Construction Manager in writing for review by the Owner, the Architect and the Construction Man- ager, the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principal por- tions of the Work. The Construction Manager will promptly reply to the Contractor in writing stating whether or not the Owner, the Architect or the Con- struction Manager, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Construction Manager to reply promptly shall con- stitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with any such proposed person or entity to whom the Owner, the Ar- chitect or the Construction Manager has made reasonable objection under the provisions of Subparagraph 5.2.1. The Contractor shall not be required to contract with anyone to whom the Contractor has a reasonable objection. S.2.3 If the Owner, the Architect or the Construction Manager has reasonable objection to any such proposed person or entity, the Contractor shall submit a substitute to whom the Owner, the Architect and the Construction Manager have no reasonable objection, and the Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no increase in the Contract Sum shall be allowed for any such substitu- tion unless the Contractor has acted promptly and re- sponsively in submitting names as required by Subpara- graph 5.2.1. 5.2.4 The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the Owner, the Architect or the Construction Manager makes reasonable objection to such substitution. S.3 SUBCONTRACTUAL RELATIONS 5.3.1 By an appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume to- ward the Contractor all the obligations and responsibili- ties which the Contractor, by these Documents, assumes toward the Owner, the Architect and the Construction Manager. Said agreement shall preserve and protect the rights of the Owner, the Architect and the Construction Manager under the Contract Documents with respect to the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the Contractor -Subcontractor Agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Docu- ments, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with their Sub -subcontractors. The Contractor shall 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 5.3, and identify t0 the Subcontractor any terms and conditions of the pro- posed Subcontract which may be at variance with the Contract Documents. Each Subcontractor shall similarly make copies of such Documents available to their Sub - subcontractors. ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform work re- lated to the Project with the Owner'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 similar Conditions of the Contract. If the Contractor claims that delay, damage or additional cost is involved because of such action by the Owner, 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 Contractor in the Contract Documents in each use shall mean the Contractor who executes each separate Owner - Contractor Agreement 6.1.3 The Owner will provide for the coordination of the work of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 6.2. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner, the Con- struction Manager and separate contractors reasonable opportunity for the introduction and storage of their ma- 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 Contractors Work depends for proper execution or results upon the work of the Owner or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Con- struction Manager any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acceptance of the Owner's or separate contractor's work as fit and proper to receive the Work, except as to defects which may subsequently become apparent in, such work by others. 6.2.3 Any costs cilused by defective or ill-timed work shall be borne by the party responsible therefor. 6.2.4 Should the Contractor wrongfully cause damage to the work or property of the Owner, or to other work or property on the site, the Contractor shall promptly rem- edy such damage as provided in Subparagraph 10.2.5. 6.2.5 Should the Contractor wrongfully delay or cause damage to the work or property of any separate contrac- tor, the Contractor shall, upon due notice, promptly at. tempt to settle with such other contractor by agreement, or otherwise to resolve the dispute. If such separate con- tractor sues or initiates an arbitration proceeding against the Owner on account of any delay or damage alleged to have been caused by the Contractor, the Owner shall AIA DOCUMENT A101ICM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUOIOc CONSTRUCTION MANAGEMENT EDITION • DUNE IM EDITION • AIAe • g)1500 • THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE_ N W WASHINGTON. D.C. 20004 A201/CM —1980 12 WARNING: Unt"nse i photocopying violates U5. oopyripM Iavn antl is suii1w to legal pmaeeuron. 11/21/94 GENERAL CONDITIONS 00750 - 12 Truman School Phase 1 Demolition notify the Contractor who shall defend such proceedings at the Owner's expense, and if any judgment or award against the Owner arises therefrom, the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorneys fees and court or arbitration costs which the Owner has incurred. 63 OWNER'S RIGHT TO CLEAN UP 6.11 If a dispute arises between the Contractor and separate contractors as to their responsibility for cleaning up as required by Paragraph 4.15, the Owner may clean up and charge the cost thereof to the contractors respon- sible therefor as the Construction Manager shall deter- mine to be just. ARTICLE 7 MISCE"NEOUS PROVISIONS 7.1 GOVERNING LAW 7.1.1 The Contract shall be governed by the law of the place where the Project is located. 7.2 SUCCESSORS AND ASSIGNS 7.2.1 The Owner anti the Contractor, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the part- ners, successors, assigns and legal representatives of such other party with respect to all covenants, agreements and obligations contained in the Contract Documents. Neither parry to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 73 WRITTEN NOTICE 7.11 Written notice shall be deemed to have been duly served if delivered in person to the individual or mem- ber of the firm or entity or to an officer of the corpora- tion for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving the notice. 7.4 CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omis- sion of the other party or of any of the other party's employees, agents or others for whose acts such party is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observ- ance of such injury or damage. 73 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 75.1 The Owner shall have the right to require the Contractor to furnish bonds covering the faithful perform- ance of the Contract and the payment of all obligations arising thereunder if and as required in the Bidding Doc- uments or the Contract Documents. 7.6 RIGHTS AND REMEDIES 7.6.1 The duties and obligations imposed by the Con- tract Documents and the rights and remedies available thereunder shall be in addition to. and not a limitation or. am duties, obligations, rights and remedies otherwise im- posed or available by law. 7.6.2 No action or failure to act by the Owner, the Ar- chitect, the Construction Manager or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 7.7 TESTS 7.7.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having juris- diction require any portion of the Work to be inspected, tested or approved, the Contractor shall give the Architect and the Construction Manager timely notice of its readi- ness so the Architect and the Construction Manager may observe such inspection, testing or approval. The Con- tractor shall bear all costs of such inspections, tests or approvals conducted by public authorities. Unless other- wise provided, the Owner shall bear all costs of other in- spections, tests or approvals. 7.7.2 If the Architect or the Construction Manager deter- mines that any Work requires special inspection, testing or approval which Subparagraph 7.7.1 does not include, the Construction Manager will, upon written authoriza- tion from the Owner, instruct the Contractor to order such special inspection, testing or approval, and the Con- tractor shall give notice as provided in Subparagraph -7.1. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Con- tract Documents, the Contractor shall bear all costs thereof, including compensation for the Architect's and the Construction Managers additional services made nec. essary by such failure; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. 7.7.3 Required certificates of inspection, testing or ap- proval shall be secured by the Contractor and the Con- tractor shall promptly deliver them to the Construction Manager for transmittal to the Architect. 7.7.4 If the Architect or the Construction Manager wishes to observe the inspections, tests or approvals required by the Contract Documents, they will do so promptly and, where practicable, at the source of supply. 7.8 INTEREST 7.8.1 Pa ArMenIS due and unpaid under the Contract Doc- uments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof. at the legal rate prevailing at the place of the Project. 7.9 ARBITRATION 7.9.1 All claims, disputes and other matters in question between the Contractor and the Owner arising out of or relating to the Contract Documents or the breach thereof, except as provided in Subparagraph 2.3.14 with respect to the .Architect's decisions on matter relating to artistic erectand except for claims nh)ch hate been svaised by the making or acceptance of anal payment as provided by Subparagraphs 9.9.4 through 9.9.6, Inclusive, shall be decided by arbitration in accordance with the Construc- llon Industry Arbitration Rules of the American Arbitra- tion Association then obtainm, unless the parties mutualk AIA DOCUMENT An"CM • Ot NER:\L CONDIIIONS OF ihE CONTRACT FOR Uil+:RI -N CONSTRUCTION MANAGEMENT EDITION • TUNE 1W EDITION • AIA® • 0IM • THE 13 A2011CM— 1980 AAIERI CAN INSTITUTE OF ARCH IT ECTS. lrli AIM YORK %A[ CAV.. wA[H I NGTON. D.C. _0006 WARNING: Unikensetl photocopying violets U.S. Copyright Ims snE is subject to N90 prosecution. 11/21/94 GENERAL CONDITIONS 00750 - 13 Truman School Phase 1 Demolition agree otherwise. No arbitration arising out of or relating to the Contract Documents shall include, by consolida- tion, joinder or in any other manner, the Architect, the Construction Manager, their employees or consultants except by written consent containing a specific reference to the Owner -Contractor Agreement and signed by the Architect, the Construction Manager, the Owner, the Contractor and any other person sought to be joined. No arbitration shall include by consolidation, joinder or in any other manner, parties other than the Owner, the Contractor and any other persons substantially involved in a common question of fact or law, whose presence is required if complete relief is to be accorded in the arbi- tration. No person other than the Owner or the Contrac- tor shall be included as an original third party or addi- tional third parry to an arbitration whose interest or re- sponsibility is insubstantial. Any consent to arbitration involving an additional person or persons shall not con- stitute consent to arbitration of any dispute not described therein or with any person not named or described therein. The foregoing agreement to arbitrate and any other agreement to arbitrate with an additional person or persons duly consented to by the parties to the Owner - Contractor Agreement shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be en- tered upon it in accordance with applicable law in any court having jurisdiction thereof. 7.9.2 Notice of the demand for arbitration shall be filed in writing with the other parry to the Owner -Contractor Agreement and with the American Arbitration Associa- tion, and a copy shall be filed with the Architect and the Construction Manager. The demand for arbitration shall be made within the time limits specified in Subparagraph 2.3.15 where applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen; and in no event shall it be made after the date when institution of legal or equitable pro- ceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations, 7.9.3 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any arbitration proceedings, and the Owner shall con- tinue to make payments to the Contractor in accordance with the Contract Documents. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, the Contract Time is the period of time allotted in the Contract Documents for Substantial Completion of the Work as defined in Sub- paragraph 8.1.3. including authorized adjustments thereto. 8.1.2 The date of commencement of the Work is the date established in a notice to proceed. If there is no no- tice to proceed. it shall be such other date as may be established in the Owner -Contractor Agreement or else- where in the Contract Documents. 8.1.3 The Dale of Substantial Completion or the �%ork or designated portion thereof Is the Dale certlned by the Architect when construction Is sufficiently complete, in accordance with the Contract Documents, so that the Owner or separate contractors can occupy or utilize the Work or a designated portion thereof Ibr the use for which it is intended. 8.1.4 The Date of Substantial Completion of the Project or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete so the Owner can occupy or utilize the Project or designated portion thereof for the use for which it was intended. 8.1.5 The term day as used in the Contract Documents shall mean calendar day unless specifically designated otherwise. 8,2 PROGRESS AND COMPLETION 8.2.1 All time limits stated in the Contract Documents are of the essence of the Contract. 8.2.2 The Contractor shall begin the Work on the date of commencement as defined in Subparagraph 8.1.2. The Contractor shall carry the Work forward expeditiously with adequate forces and shall achiese Substantial Com- pletion of the Work within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner, the Architect, the Construction Manager, any of their em- ployees, any separate contractor employed by the Owner, or by changes ordered in the Work, labor disputes, fire, unusual delay in transportation, adverse weather condi- tions not reasonably anticipalable, unavoidable casualties, any causes beyond the Contractor's control, delay author- ized by the Owner pending arbitration, or by any other cause which the Construction Manager determines may justify the delay, then the Contract Time shall be ex- tended by Change Order for such reasonable time as the Construction Manager may determine. 8.3.2 Any claim for extension of time shall be made in writing to the Construction .Manager not more than twenty days after the commencement of the delay; other- wise it shall be waived. In the case of a continuing delay only one claim is necessary. The Contractor shall provide an estimate of the probable effect of such delay on the progress of the Work. 8.3.3 If no agreement is made stating the dates upon rs'hich interpretations as prci lded in Subparagraph 2.3.11 shall be furnished, then no claim For delay shall be allowed on account of failure to furnish such interpreta- tions until fifteen days after written request is made for them. and not then unless such claim is reasonable. 8.3.4 This Paragraph 8.3 doe- not e\clude the recocer ,it damages for delay by either park under other prmi- ,,on, of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum I, :aced In :he Orsner-Contrac- For Agreement and. Including authorized adjustments l hereto. is the total amount parable be the Orvner to the Contractor for the performance of the \cork under the Contract Document,. AIA DOCUMENT A201,CM • GE\ERAL CO\0111015 OF THE CO\TR\CT FOR C01SRCC'.01 CONSTRUCTION MANAGEMENT EDITION • ICNE IM EDITION • AIAT • 619N • THE AMERICAN INSTITUTE OF ARCHITECTS, 171i NEw VORx kVE , \ w \\ \SHI\GTO\ D C.:Wi A201 /CM —1980 14 WARNING: UFdLeerae0 photocopying violates U.S. copyright laws seE Is subject to in i prosecution. 11/21/94 GENERAL CONDITIONS 00750 - 14 Truman School Phase 1 Demolition 9.2 SCHEDULE OF VALUES 91.1 Before the first Application for Payment, the Con- tractor shall submit to the Construction Manager a schedule of values allocated to the various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect and the Con- struction Manager may require. This schedule, unless objected to by the Construction Manager or the Architect, shall be used only as a basis for the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least fifteen days before the dale for each progress payment established in the Owner -Contractor Agreement, the Contractor shall submit to the Construc- tion Manager an itemized Application for Payment, notar- ized if required, supported by such data substantiating the Contractor's right to payment as the Owner, the Ar- chitect or the Construction Manager may require, and re- flecting retainage, if any, as provided elsewhere in the Contract Documents. The Construction Manager will as. semble the Application with similar applications from other contractors on the Project into a combined Project Application for Payment and forward it with recommen. dations to the Architect within seven days. 9.3.2 Unless otherwise provided in the Contract Docu- ments, payments will be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site and, if approved in advance by the Owner, payments may similarly be made for mate- rials or equipment suitably stored at some other loca- tion agreed upon in writing. Payments for materials or equipment stored on or off the site shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to estab- lish the Owner's title to such materials or equipment or otherwise protect the Owner's interest, including applica- ble insurance and transportation to the site for those materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the Owner either by incorporation in the construction or upon receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, herein- after referred to in this Article 9 as 'liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing Work at the site or furnishing materials and equipment for the Project, sub- ject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or oth- erwise imposed by the Contractor or such other person. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after the re- ceipt of the Project Application for Payment with the rec- ommendations of the Construction .Manager, review the Project Application for Payment and either issue a Project Certificate for Payment to the Owner with a copy to the Construction Manager for distribution to the Contractor for such amounts as the Architect determines are prop- erly due. or notifs the Construction Manager in writing of the reasons for withholding a Certificate as provided in Subparagraph 9.6.1. Such notification will be forwarded to the Contractor by the Construction Manager. 9.4.2 The issuance of a Project Certificate for Payment will constitute a representation by the Architect to the Owner that, based on the Architect's observations at the site as provided in Subparagraph 2.3.4 and the data com- prising the Project Application for Payment, the Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Docu- ments (subject to an evaluation of the Work for conform- ance with the Contract Documents upon Substantial Completion of the Work, to the results of any subsequent tests required by or performed under the Contract Docu. men(s, to minor deviations from the Contract Documents correctable prior to completion, and to any specific quali. fications stated in the Certificate); and that the Contrac- tor is entitled to payment in the amount certified. How. ever, by issuing a Project Certificate for Payment, the Ar- chitect shall not thereby be deemed to represent that the Architect has made exhaustive or continuous on -site in- spections to check the quality or quantity of the Work, has reviewed the construction means, methods, tech- niques, sequences or procedures, or has made any exam- ination to ascertain how or for what purpose the Contrac. tor has used the monies previously paid on account of the Contract Sum. 9.5 PROGRESS PAYMENTS 9.5.1 After the Architect has issued a Project Certificate for Payment, the Owner shall make payment in the man- ner and within the time provided in the Contract Docu- ments. 9.5.2 The Contractor shall promptly pay each Subcon- tractor upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcon- tractor is entitled, reflecting the percentage actually re- tained, if any, from payments to the Contractor on ac- count of such Subcontractor's Work. The Contractor shall, by an appropriate agreement with each Subcontractor, require each Subcontractor to make payments to their Sub -subcontractors in similar manner. 9.5.3 The Architect may, on request and at the Archi- tect's discretion, furnish to anv Subcontractor, if prac- hcabfe, information regarding the percentages of com- pletion or the amounts applied for by the Contractor and the action taken thereon by the Architect on account of Work done by such Subcontractor. 9.5.4 Neither the Owner, the Architect nor the Construc- tion Manager shall have any obligation to pay or to see to the payment of any monies to any Subcontractor except as may otherwise be required by law. 9.5.5 No certification of a progress payment. any prog- ress payment, or any partial or entire use or occupancy of the Project by the Ownershall constitute an accept- ance of anv Work not in accordance with the Contract Document,. 9,6 PAYMENTS WITHHELD 9.6.1 The Architect, following Consultation with the Construction Manager, mac decline to certify payment AIA DOCUMENT A20IICM - CEIERAL COIDRIONS Of THE COITR\C' FOR CO\STRUCTIO� 15 A201/CM-1980 CONSTRUCTION MANAGEMENT EDITION • IUNE 1W EDITION . AIA& . 01W . THE AMERICAN INSTITUTE Of ARCHOECTS, 1,35 NEW IORK AXE N.\\, MkSHINGTOC. D.e. 220W6 WARNING. Uniken&ad pMtocMing violate& U.S. copyright laws and is subject to legs) prosecution. 11/21/94 GENERAL CONDITIONS 00750 - 15 Truman School Phase 1 Demolition and may withhold the Certificate in whole or in part to the extent necessary to reasonably protect the Owner, if, in the Architect's opinion, the Architect is unable to make representations to the Owner as provided in Subpara. graph 9.4.2. If the Architect is unable to make representa- tions to the Owner as provided in Subparagraph 9.4.2, and to certify payment in the amount of the Project Ap- plication, the Architect will notify the Construction Man- ager as provided in Subparagraph 9.4.1. if the Contractor and the Architect cannot agree on a revised amount, the Architect will promptly issue a Project Certificate for Pay- ment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also decline to certify payment or, because of subse- quently discovered evidence or subsequent observations, the Architect may nullify the whole or any part of any Project Certificate for Payment previously issued to such extent as may be necessary, in the Architect's opinion, to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence in- dicating probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors, or for labor, materials or equipment: .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; 5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time; or .7 persistent failure to carry out the Work in accord- ance with the Contract Documents. 9.6.2 When the grounds in Subparagraph 9.6.1 above arc removed, payment shall be made for amounts with- held because of them. 9.7 FAILURE OF PAYMENT 9.7.1 If the Construction Manager should fail to issue recommendations within seven days of receipt of the Contractor's Application for Payment, or if, through no fault of the Contractor, the Architect does not issue a Project Certificate for Payment within seven days after the Architect's receipt of the Project Application for Pay- ment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Doc- uments any amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven addi- tional days' written notice to the Owner, the Architect and the Construction Manager, stop the Work until pay- ment of the amount owing has been received. The Con- tract Sum shall be increased by the amount of the Con. tractors reasonable costs of shut -down, delay and start- up, which shall be effected by appropriate Change Order in accordance with Paragraph 12.3. 9.8 SUBSTANTIAL COMPLETION 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which is acceptable to the Owner, is substantially complete as defined in Subpara- graph 8.1.3, the Contractor shall prepare for the Construc- tion Manager a list of items to be completed or cor- rected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. When the Architect, on the basis of inspection and con- sultation with the Construction Manager, determines that the Work or designated portion thereof is substantially complete, the Architect will then prepare a Certificate of Substantial Completion of the Work which shall establish the Date of Substantial Completion of the Work, shall state the responsibilities of the Owner and the Contractor for security, maintenance, heat. utilities, damage to the Work and insurance. and shall fix the time within which the Contractor shall complete the items listed therein. The Certificate of Substantial Completion of the Work shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. 9.8.2 Upon Substantial Completion of the Work or desig- nated portion thereof, and upon application by the Con- tractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retamage, if any, for such Work or portion thereof as provided in the Con- tract Documents. 9.8.3 When the Architect, on the basis of inspections, determines that the Project or designated portion thereof is substantially complete, the Architect will then prepare a Certificate of Substantial Completion of the Project which shall establish the Date of Substantial Completion of the Project and fix the time within which the Contrac- tor shall complete any uncompleted items on the Certif- icate of Substantial Completion of the Work. 9.8.4 Warranties required by the Contract Documents shall commence on the Date of Substantial Completion of the Project or designated portion thereof unless other- wise provided in the Certificate of Substantial Comple- tion of the Work or designated portion thereof. 9.9 FINAL COMPLETION AND FINAL PAYMENT 9.9.1 Following the Architect's issuance of the Certificate of Substantial Completion of the Work or designated por- tion thereof, and the Contractors completion of the Work, the Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance, and shall also forward to the Construction Manager a final Application for Payment. Upon receipt, the Construction Manager will make the necessary evaluations and forward recommendations to the Architect who will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully per- formed, the Architect will issue a Project Certificate for Payment which will approve the final payment due the Contractor. This approval will constitute a representation that. to the best of the Architect's knowledge, informa- tion and belief, and on the basis of observations and in- spections, the Work has been completed in accordance with the Terms and Conditions of the Contract Docu- ments and that the entire balance found to be due the Contractor. and noted in said Certificate, is due and pay- able. The Architect's approval of said Project Certificate for Payment will constitute a further representation that the conditions precedent to the Contractor's being en- titled to final payment as set forth in Subparagraph 9.9.2 have been fulfilled. AEA DOCUMENT A2e1/0M • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE IM EDITION • AIAe • 01M • THE AAIERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK AVE , N.W. WASHINGTON, D.C. 21xD6 A201/CM —1980 16 WARNING: Unikeneed photocopying Violates LLS coprrlpM lows end is xLeoct to tegel Mae ruon. 11/21/94 GENERAL CONDITIONS 00750 - 16 Truman School Phase 1 Demolition 9.9.2 Neither the final payment nor the remaining retain - age shall become due until the Contractor submits to the Architect, through the Construction Manager, (1) an affi- davit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might in any way be responsible, have been paid or otherwise satis- fred, (2) consent of surety, if any, to final payment, and (3) if required by 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 Owner. If any Subcontractor refuses to fur- nish a release or waiver required by the Owner, the Con- tractor may furnish a bond satisfactory to the Owner to indemnify the Owner against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.9.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by the issuance of Change Orders affecting final completion, and the Constm^lion Manager so confirms, the Owner shall, upon application by the Contractor and certification by the Architect and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipu- lated in the Contract Documents, and if bonds have been furnished as provided in Paragraph 7.5, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Construction Manager prior to certification of such payment. Such pay- ment shall be made under the Terms and Conditions gov- erning final payments, except that it shall not constitute a waiver of claims. 9.9.4 The making of final payment shall, after the Date of Substantial Completion of the Project, constitute a waiver of all claims by the Owner except those arising from: .1 unsettled liens; .2 faulty or 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 any special warranties required by the Contract Documents. -9.95 The acceptance of final payment shall, after the Date of Substantial Completion of the Project, constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contrac- tor as unsettled at the time of the final Application for Payment. 9.9.6 All provisions of this Agreement, including with- out limitation those establishing obligations and proce- dures, shall remain in full force and effect notwithstand- ing the making or acceptance of final payment prior to the Date of Substantial Completion of the Project. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take all reasonable precau- tions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: .1 all employees on the Work and all other persons who may be affected thereby; .2 all the Work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of the Contractor's Subcon- tractors or Sub -subcontractors; .3 other property at the site or adjacent thereto, in- cluding trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 the work of the Owner or other separate contrac- tors. 10.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as re- quired by existing conditions and the progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy all damage or loss (other than damage or loss insured under Para- graph 11.3) to any property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contrac- tor, any Subcontractor, any Sub -subcontractor, anyone di- rectly or indirectly employed by any of them, or by any- one for whose acts any of them may be liable, and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to the acts or omissions of the Owner. the Architect, the Con- struction Manager or anyone directly or indirectly em- ployed by any of them. or by anyone for whose acts any of them may be liable, and not attributable to the fault 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 organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless AIA DOCUMENT ANVCM • GE\ERAL CONDITIONS OF THE CO\TRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 19W EDITION • AIM • m 1910 • THE 17 A201ICM-1980 AMERICAN INSTITUTE OF ARCHITECTS. 1?15 NEW YORK AVE \ SS WASHINGTON, D C HRIM. WARNING: UNInmRA plwlOoOPying vb1RIRa U.R. egyA4ht IRw sixi b 910lact le 109a1 PMN' I 11/21/94 GENERAL CONDITIONS 00750 - 17 Truman School Phase 1 Demolition otherwise designated by the Contractor in writing to the Owner and the Construction Manager. 10.2.7 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In any emergency affecting the safety of persons or property the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Article 12 for Changes in the Work. ARTICLE 11 INSURANCE 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase and maintain insur- ance for protection from the claims set forth below which may arise out of or result from the Contractor's opera- tions under the Contract, whether such operations be by the Contractor or by any Subcontractor, or by anyone di- rectly or indirectly employed by any of them, or by any- one for whose acts any of them may be liable: .1 claims under workers' or workmen's compensa- tion, disability benefit and other similar employee benefit acts; .2 claims for damages because of bodily injury, occu- pational sickness or disease, or death of the Con- tractor's employees; .3 claims for damages because of bodily injury, sick- ness or disease, or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal in- jury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such per- son by the Contractor, or (2) by any other person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and .6 claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than any limits of liability specified in the Contract Documents or required by law, whichever is greater. 11.1.3 The insurance required by Subparagraph 11.1.1 shall include contractual liability insurance applicable to the Contractor's obligations under Paragraph 4.18. 11.1.4 Certificates of Insurance acceptable to the Owner shall be submitted to the Construction Manager for trans- mittal to the Owner prior to commencement of the Work. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least thirty days' prior written notice has been given to the Owner. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining Owner's liability insurance and, at the Owner's option, may purchase and maintain insurance for protection against claims which may arise from operations under the Contract. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall pur- chase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Construction Manager, the Contractor, Subcontractors and Sub -subcontractors in the Work, and shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss or damage including, without duplication of coverage, theft, van- dalism and malicious mischief. If the Owner does not intend to purchase such insurance for the full insurable value of the entire Work, the Owner shall inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, the Contrac- tor's Subcontractors and the Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is dam- aged by failure of the Owner to purchase or maintain such insurance and to so notify the Contractor, then the Owner shall bear all reasonable costs properly attributa- ble thereto. If not covered under the all risk insurance or otherwise provided in the Contract Documents. the Contractor shall effect and maintain similar property in- surance on portions of the Work stored off the site or in transit when such portions of the Work are to be in- cluded in an Application for Payment under Subpara- graph 9.3.2. 11.3.2 The Owner shall purchase and maintain such boiler and machinery insurance as may be required by the Contract Documents or by law. This insurance shall include the interests of the Owner, the Construction Man- ager, the Contractor. Subcontractors and Sub -subcontrac- tors in the Work. 11.3.3 Any loss insured under Subparagraph 11.3.1 is to be adjusted with the Owner and made payable to the Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause and of Subparagraph 11.3.8. The Con- tractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and by ap- propriate agreement, written where legally required for validity. shall require each Subcontractor to make pay- ments to their Sub -subcontractors in similar manner. 11.3.4 The Owner shall file a copy of all policies with the Contractor before an exposure to loss may occur. 11.3.5 If the Contractor requests in writing that insur- ance for risks other than those described in Subpara- graphs 11.3.1 and 11.3.2, or other special hazards, be Included in the property insurance policy, the Owner shall. if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. MA DOCUMENT A"I,CM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION • IUNE 19R0 EDITION • AIAS . ®1980 • THE AMERICAN INSTITUTE Or ARCHITECTS. 1,35 NEW YORK AVE . N W 1i'ASHINGTON. D.0 _ 9 A2011CM —1980 18 WAnNING: Unikens"d plwtecopYlrq vloWes U.S. copyright 1i sM Is subject to legal proseautlon. 11/21/94 GENERAL CONDITIONS 00750 - 18 Truman School Phase 1 Demolition 11.3.6 The Owner and the Contractor waive all rights against (1) each other and the Subcontractors, Sub -sub- contractors, agents and employees of each other, and (2) the Architect, the Construction Manager and separate con- tractors, if any, and their subcontractors, sub-subconlrac. tors, agents and employees, for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Paragraph 11.3 or any other property in- surance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by the Owner as trustee. The foregoing waiver afforded the Architect. the Construction Manager, their agents and employees shall not extend to the liability imposed by Subparagraph 4.18.3. The Owner or the Contractor, as appropriate, shall require of the Architect, the Conslruc- non Manager, separate contractors, Subcontractors and Sub -subcontractors by appropriate agreements, written where legally required for validity, similar waivers each In favor of all other parties enumerated in this Sub. paragraph 11.3.6. 11.3.7 If required in writing by any party in interest, the Owner as trustee shall, upon the occurrence of an in- sured loss, give bond for the proper performance of the Owner's duties. The Owner shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach, or in accordance with an award by arbitration in which case the procedure shall be as provided in Para- graph 7.9. If after such loss no other special agreement is made, replacement of damaged Work shall be covered by an appropriate Change Order. 11.3.8 The Owner, as trustee, shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object, in writing within five days after the occurrence of loss, to the Owner's exercise of this power, and if such objection be made, arbitrators shall be chosen as provided in Paragraph 7.9. The Owner as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbi- trators. If distribution of the insurance proceeds by arbi- tration is required, the arbitrators will direct such dis• tribution. 11.3.9 If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy shall not commence prior to a lime mutually agreed to by the Owner and the Contractor and to which the insurance company or cam• panies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not be canceled or lapsed on account of such partial occupancy. Consent of the Contractor and of the insur- ance company or companies to such .occupancy or use shall not be unreasonably withheld. 11.4 LOSS OF USE INSURANCE 11.4.1 The Owner, at the Owner's option, may purchase and maintain insurance for protection against loss of use of the Owner's properly due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused, to the extent covered by insurance under this Paragraph 11 4 ARTICLE 12 CHANGES IN THE WORK 12.1 CHANGE ORDERS 12.1.1 A Change Order is a written order to the Con- tractor signed to show the recommendation of the Con- struction Manager, the approval of the Architect and the authorization of the Owner, issued after execution of the Contract, authorizing a change in the Work or an adjust- ment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order signed by the Contractor indicates the Contractor's agreement there- with. including the adjustment in the Contract Sum or the Contract Time. 12.1.2 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Docu- ments. 12.1.3 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following ways: .1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 by unit prices stated in the Contract Documents or subsequently agreed upon; .3 by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 by the method provided in Subparagraph 12.1.4. 12.1.4 If none of the methods set forth in Clauses 12.1.3.1, 12.1.3.2 or 12.1.3.3 is agreed upon, the Contrac- tor, provided a written order signed by the Owner is re- ceived, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by the Architect, after consultation with the Construction Man- ager, on the basis of the reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Con- tract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clauses 12.1.3.3 and 12.1.3.4 above, the Contractor shall keep and present, in such form is the Owner, the Architect or the Construc- tion Manager may prescribe, an itemized accounting to- gether with appropriate supporting data for inclusion in a Change Order. Unless otherwise provided in the Con- tract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; workers' or workmen's compensa- tion insurance. bond premiums: rental value of equip. ment and machinery: and the additional costs of super- vision and field office personnel directly attributable to the change. Pending final determination of cost to the Owner. payments on account shall be made pn the Ar- chitect's approval of a Project Certificate for Payment. AIA DOCUMENT A201ICM • G IERAL CONDITIOIS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDnION • JU.NE 19E0 EDITION AIAe • 819W • THE 19 A2011CM -- 1980 AMERICAN INSTITUTE OF ARC)m ECTS. ins NEw yORK AVE, N w, wASHINGTON, D.C. ID WAAMNO: UnaceruM photocopying violates US. copyright lain aik Is subject to legal prosecution. 11/21/94 GENERAL CONDITIONS 00750 - 19 Truman School Phase 1 Demolition The amount of credit to be allowed by the Contractor to the Owner for any deletion or change which results in a net decrease in the Contract Sum will be the amount of the actual net cost as confirmed by the Architect after Consultation with the Construction Manager. When both additions and credits covering related Work or substitu- tions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change. 12.15 If unit prices are stated in the Contract Docu- ments or subsequently agreed upon, and if the quantities originally 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 the Contractor, the applicable unit prices shall be equitably adjusted. 12.2 CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents, or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing struc- ture of an unusual nature, differing materially from those ordinarily encountered and generally recognized as in- herent in work of the character provided for in this Con- tract. be encountered, the Contract Sum shall be equita- bly adjusted by Change Order upon claim by either party made within twenty days after the first observance of the conditions. 12.3 CLAIMS FOR ADDITIONAL COST 123.1 If the Contractor wishes to make a claim for an increase in the Contract Sum, the Contractor shall give the Architect and the Construction Manager written no- tice thereof within twenty days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or prop- erty in which case the Contractor shall proceed in ac- cordance with Paragraph 10.3. No such claim shall be valid unless so made. 11 the Owner and the Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be determined by the Architect after consultation with the Construction Manager. Any 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 of, but not limited to, (1) any written in- terpretation pursuant to Subparagraph 2.3.11, (2) any or- der by the Owner to stop the Work pursuant to Para- graph 3.3 where the Contractor was not at fault, or any such order by the Construction Manager as the Owner's agent. (3) any written order for a minor change in the Work issued pursuant to Paragraph 12.4, or (4) failure of payment by the Owner pursuant to Paragraph 9.7, the Contractor shall make such claim as provided in Sub- paragraph 12.3.1. 12.4 MINOR CHANGES IN THE WORK 12.4.1 The Architect will have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued through the Construction Manager, and shall be binding on the Owner and the Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 13 UNCOVERING AND CORRECTION OF WORK 13.1 UNCOVERING OF WORK 13.1.1 If any portion of the Work should be covered contrary to the request of the Architect or the Construc- tion Manager, or to requirements specifically expressed in the Contract Documents, it must, if required in writing by either, be uncovered for their observation and shall be replaced at the Contractors expense. 13.1.2 If any other portion of the Work has been cov- ered which the Architect or the Construction Manager has not specifically requested to observe prior to its being covered, either may request to see such Work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Contract Documents, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work be found not in accordance with the Contract Documents, the Contractor shall pay such costs unless it be found that this condition was caused by the Owner or a separate contractor as provided in Article b, in which event the Owner shall be responsible for the payment of such costs. 13.2 CORRECTION OF WORK 13.2.1 The Contractor shall promptly correct all Work rejected by the Architect or the Construction Manager as defective or as failing to conform to the Contract Docu- ments whether observed before or after Substantial Com- pletion of the Project and whether or not fabricated, in- stalled or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensa- tion for the Architect's and the Construction Manager's additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Project or designated portion thereof, or within one year after acceptance by the Owner of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Docu- ments, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has previ- ously given the Contractor a written acceptance of such condition. This obligation shall survive both final payment for the Work or designated portion thereof and termina- tion of the Contract. The Owner shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or nonconform- ing and which have not been corrected under Subpara- graphs 4.5.1. 13.2.1 and 13.2.2, unless removal is waived by the Owner. 13.2.4 If the Contractor fails to correct defective or non- conforming Work as provided in Subparagraphs 4.5.1, AIA DOCUMENT A301ICM • GECERSL CONDITIO%S OF THE CO%TR1CT FOR CO%STRUCTIO� CONSTRUCTION MANAGEMENT EDITION • IUNE IM EDITION • AIA® . 14 IM • THE AMERICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVE N.A . WASHINGTON. D.C. d01KY. A2011CM — 1980 20 WARNING: inn ieensaE Photocopying violates U5. copyright laws seC is subject to legal Prosecution. 11/21/94 GENERAL CONDITIONS 00750 - 20 Truman School Phase 1 Demolition 13,21 and 13.2.2, the Owner may correct it in accordance with Paragraph 3.4. 13.25 If the Contractor does not proceed with the cor- rection of such defective or nonconforming Work within a reasonable time fixed by written notice from the Archi- tect issued through the Construction Manager, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may, upon ten additional days' written notice, sell such Work at auction or at pri- vate sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Archi- tect's and the Construction Manager's additional services made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor 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- stroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents, including Paragraph 4.5 hereof. The establishment of the time periods noted in Subparagraph 13.2.2. or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the Contractor's obligation to comply with the Contract Doc- uments may be sought to be enforced, nor to the time within which proceedings may be commenced to estab- lish the Contractor's liability with respect to the Contrac- tor's obligations other than specifically to correct the Work. 13.3 ACCEPTANCE OF DEFECTIVE OR NONCONFORMING WORK 13.3.1 If the Owner prefers to accept defective or non- conforming Work, the Owner may do so instead of requir- ing its removal and correction, in which case a Change Order will be issued to reflect a reduction in the Contract Su where appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 14 TERMINATION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 If the Work is stopped for a period of thirty days under an order of any court or other public authorih' having jurisdiction, or as a result of an act of government such as a declaration of a national emergency making materials unavailable, through no act or fault of the Con- tractor or a Subcontractor or their agents or employees or any other persons performing any of the Work under a contract with the Contractor, or if the Work should be stopped for a period of thirty days by the Contractor be- cause of the Construction Manager'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- tional days' written notice to the Owner, the Architect and the Construction Manager, terminate the Contract and recover from the Owner payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages. 14.2 TERMINATION BY THE OWNER 14.2.1 If the Contractor is adjudged a bankrupt, or makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of the Contrac- tor's insolvency, or if the Contractor persistently or re- peatedly refuses or fails, except in cases for which exten- sion of time is provided, to supply enough properly skilled workers or proper materials, or fails to make prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having juris- lion, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, and fails within seven days after receipt of written notice to commence and continue correction of such default, neglect or viola- tion with diligence and promptness, the Owner, upon certification by the Architect after consultation with the Construction Manager that sufficient cause exists to justify such action, may, after seven days following receipt by the Contractor of an additional written notice and with- qqul prejudice to any other remedy the Owner may have, ''erminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the Owner may deem expedient. In ,uch case the Contractor shall not be entitled to receive anv further payment until the kVork is finished. 14.2.2 If the unpaid balance of the Contract Sum ex- ceeds the costs of finishing the Work, including compen- sation for the Architect's and the Construction Manager's additional smite, made necessary thereby. such excess ,hall be paid to the Contractor. If such costs exceed the unpaid balance. the Contractor shall pay the difference to the Ossner. The amount to be paid to the Contractor or to the Owner, as the case may be, shall be certified by the Architect, upon application, in the manner provided in Paragraph 94, and this obligation for pavment shall sunice the termmaHon of the Contract. AIA DOCUMENT A201;CM • GENERAL C0N^'.TION5 Or THE CONTRACT FOR CONSTRLCTION CO.N'STBUCT10\ MANAGEMENT EDITIO\ • )LNE 19K EDITION • AIAE , ©19ae • THE 21 A201/CM-79B0 AvERICAN INsn TLTE OF ARouTECTS -;: NE111ORR Ay[ x 1%, wASHINGTON. D.c :aoas WARNING: Unlicensed photmopying vii U.B. Copyright lava arM Is suhiM to legal prOsecutlon. 11/21/94 GENERAL CONDITIONS 00750 - 21 Truman School Phase 1 Demolition SECTION 00800 SUPPLEMENTARY GENERAL CONDITIONS Information contained in this Supplementary Conditions amends, supplements or clarifies the "General Conditions of the Contract for Construction, Construction Management Edition, AIA Document A201/CM dated June 1980 Edition. In cases of conflict between the General Conditions and these Supplementary Conditions, wording of this Section shall govern. ARTICLE 1 1. Subparagraph 1.1.3 - third li-e-after the word "construction," delete the remaining words and insert the following: "and all supplies, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities, services, and incidentals necessary for the proper execution and completion of such construction; except as expressly noted in the Scope of Work or the General Requirements of the Contract." 2. Subparagraph 1.2.1 - delete in its entirety. 3. Add new subparagraph 1.2.5 as follows: "Where on any of the drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall also apply to all other like portions of the Work." 4. Add new subparagraph 1.3.2 as follows: Runless 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 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 1 Truman School Phase 1 Demolition 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: 4. Subparagraph 2.3.15 - delete in its entirety. 5. Subparagraph 2.3.18 - delete the word "reasonable" in the sixth (6th) line. After the word "promptness", add "consistent with the constraints of the project schedule so as to cause no delay." 6. Subparagraph 2.3.21 - first line - delete the words "the Construction Manager will assist the Architect", and substitute, "The Architect will assist the Construction Manager." 7. Subparagraph 2.3.23 - delete the phrase "against whom the Contractor makes no reasonable objection and." Also, delete the last sentence in the subparagraph in its entirety. ARTICLE 3 1. Subparagraph 3.2.1 - delete in its entirety. 2. Subparagraph 3.3.1 - delete from the last sentence the phrase, ".... except to the extent required by Subparagraph 6.1.3". 3. Subparagraph 3.4.1 - substitute three (3) days notice in each case for the seven (7) day notices stipulated. Add at end of subparagraph the following: "In the event of clean- up issues, Owner has right to provide a minimum of 24 hours notice. In the event of safety issues determined to be of a serious nature, as determined by the CM, notice will given, and contractor is required to rectify deficiency immediately." ARTICLE 4 1. Subparagraph 4.1.1 - delete in its entirety and insert the following: "The Contractor is the same person or entity identified as the Trade Contractor. A Trade Contractor is the person or entity identified as such in the Agreement between the Owner or Construction Manager and a Trade Contractor. The term Trade Contractor includes one who furnishes material worked to a special design but does not include one who furnishes material not so worked and is referred to throughout the Contract Documents as if singular in number and masculine in 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 2 Truman School Phase 1 Demolition gender. The term Trade Contractor means the Trade Contractor or his authorized representative." 2. Add new subparagraph 4.4.3 as follows: "The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If any Contractor employee is determined to be detrimental to the Project, as deemed by the Construction Manager, the Contractor will remove and/or replace the employee at the request of the Construction Manager. Employees dismissed from the project will be transported from the jobsite at the Contractor's expense." 3. Add new subparagraph 4.4.4 as foll-Dws: "The Trade Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment." 4. Add new subparagraph 4.4.5 as follows: "The Trade Contractor shall be responsible for complete, timely and accurate field measurements as necessary for proper coordination, fabrication and installation of his materials and equipment. The Trale Contractor agrees to cooperate with the Construction D_inager, 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." Subparagraph 4.7.1 - delete in its entirety and replace with: "The Contractor shall secure and pay for all permits, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the work which are customarily secured after execution of the Contract and which are legally required at the time bids are received. The Owner will not assess any County permit or County impact fees. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc. from the City of Key West Building Department." Subparagraph 4.8 - delete in its entirety. Subparagraph 4.9.1 - add the following sentence: "The superintendent shall be satisfactory to the Construction Manager and shall not be changed except with the consent of the Construction Manager, unless the superintendent proves to be unsatisfactory to the Trade Contractor or ceases to be in his employ." 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 3 Truman School Phase 1 Demolition 8. Subparagraph 4.10.1 - add the following sentence: "This schedule, to be submitted within three (3) days after Contract Award, shall indicate the dates for the starting and completion of the various stages of construction, shall be revised as required by the conditions of the Work, and shall be subject to the Construction Manager's approval." 9. Add new subparagraph 4.10.2: "The Construction Manager will conduct a weekly scheduling meeting which the Contractor shall attend. At this meeting, the parties can discuss jointly such matters as progress, scheduling, and problems." 10. Add new subparagraph 4.12.9: "If materials specified in the Contract Documents are not available on the present market, the Trade Contractor may submit data on substitute materials through the Construction Manager to the Architect/Engineer for approval by the Owner." 11. Subparagraph 4.14.1 - add at line 3 after "properly": "He shall also provide protection of existing work as required." 12. Subparagraph 4.14.2 - at end of paragraph, add: "When structural members are involved, the written consent of the Architect/Engineer shall also be required. The Trade Contractor shall not unreasonably withhold from the Construction Manager or any separate contractor his consent to cutting or otherwise altering the Work." 13. Add new subparagraph 4.14.3: "The Trade Contractor shall arrange for any blockouts, cutouts, or opening required for the installation of his materials and equipment and the execution of his wprk, whether or not shown or indicated on the Drawings. The Trade Contractor shall be further responsible for sealing and/or finishing, in an acceptable fashion and meeting any applicable code requirements, any such block -out, cutout opening, or other hole in any fire -rated floor, ceiling, wall, security wall, or any other finished surface". 14. Subparagraph 4.15.1 - at end of paragraph, add: "Clean up shall be performed to the satisfaction of the Owner or Construction Manager." 15. Add new subparagraph 4.16.2: "The Trade Contractor shall promptly return telephone calls or respond to any other form of communication initiated by the Construction Manager. Failure to promptly do so shall be considered a lack of performance on the part of the Trade Contractor, and may be considered grounds for replacement of site personnel." 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 4 Truman School Phase 1 Demolition 16. Add new Subparagraph 4.16.3: "All written correspondence to the Construction Manager shall be serialized, dated, and signed by an authorized representative of the Trade Contractor. The correspondence shall be directed to: Mr. Patrick Jennings Morrison-Knudsen/Gerrits 5090 College Road Key West, Florida 33040 or hand delivered to Morrison-Knudsen/Gerrits' office. Serialization procedures will be provided to the Trade Contractor in the pre -construction meeting." Each trade contractor shall be required to check his designated mailbox regularly. This mailbox _11 be made available, and located by the Construction Manager. 17. Subparagraph 4.18 - delete in its entirety and insert "Indemnification and Hold Harmless" and the following: "The Contractor covenants and agrees to indemnify and hold harmless Monroe County, Monroe County Board of County Commissioners, and Morrison-Knudsen/Gerrits from any and all claims for bodily injury (including death), personal injury, and property damage (including property c�'ned by Monroe County and Morrison-Knudsen/Gerrits) and '.ny 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." 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 5 Truman School Phase 1 Demolition ARTICLE 6 1. Subparagraph 6.1.1 - delete the last sentence. 2. Subparagraph 6.1.3 - delete in its entirety, and insert the following: "It shall be the responsibility of each contractor to coordinate his work with the work of other contractors on the site. The Owner and Construction Manager shall be held harmless of any and all costs associated with improper coordination." 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 Pxpense, and"; thirteenth line, after the words "and court mac," 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 deemedi 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 payment or allowance of any kind resulting from delays% Nor shall claim for damage, loss or expense interruptions to, or suspension o contractors to perform their work available to the Contractor shall ARTICLE 7 Construction Manger for a for damage, loss or expense the Contractor have any resulting from f, his work to enable other The only remedy be an extension of time." 1. Subparagraph 7.1.1 - delete in its entirety and insert the following: 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 6 Truman School Phase 1 Demolition "The contract shall be governed by the laws of the State of Florida. Venue for any claims or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of the State of Florida." Subparagraph 7.2.1 - delete in its entirety and insert the following: "The Owner or Construction Manager (as the case may be) and the Trade Contractor each binds himself, his partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other." 3. Add new Subparagraph 7.2.2: "The Trade Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Construction Manager." 4. Paragraph 7.5 - delete in its entirety and insert: "The Owner shall require the Contractor to furnish a Public Construction Bond in accordance with paragraph 11.1.9." 5. Subparagraph 7.8.1 - delete in its entirety. 6. Paragraph 7.9 'Arbitration' and all associated subparagraphs 7.9.1, 7.9.2, & 7.9.3 - delete in their entirety. ARTICLE 8 1. Subparagraph 8.3.1 - delete in its entirety and insert the following: "If the 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 Contr,I, oI s control, or by delay authorized by -the Owner, Construction Manager, or by any other cause which the Construction Manager determines may justify the delay, then the Contract Time shall be extended by no cost Change Order for such reasonable time as the Construction Manager may determine, in accordance with subparagraph 6.2.6." 2. Subparagraph 8.3.2 - delete in its entirety and insert: "Any claim for extension of time shall be made in writing to the Construction Manager not more than seventy-two (72) hours after the commencement of the delay in accordance with paragraph 6.2.6; otherwise it shall be waived. Any claim 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 7 Truman School Phase 1 Demolition for extension of time shall state the cause of the delay and the number of days of extension requested. If the cause of the delay is continuing, only one claim is necessary, but the Trade Contractor shall report the termination of the cause for the delay within seventy-two (72) hours after such termination in accordance with paragraph 6.2.6; otherwise, any claim for extension of time based upon that cause shall be waived." 3. 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 allo%_d for extensions of time pursuant to this Paragraph 8.3 or for other changes in the Construction Schedules." 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 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." 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 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 8 Truman School Phase 1 Demolition 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 o the right of the Owner or Construction Manager to require the fulfillment of all the terms of the Contract." 4. Add new subparagraph 9.5.7: "Except in case of bona fide disputes, or where the Trade Contractor has some other justifiable reason for delay, the Trade Contractor shall pay for all transportation and utility services not later than the end of the calendar month following that in which services are rendered and for all materials, tools, and other expendable equipment which are delivered at the site of the Project. The Trade Contractor shall pay, to each of his Trade Subcontractors, not later than the end of the calendar month in which each payment is made to the Trade Contractor, the representative amount allowed the Trade Contractor on account of the work performed by his Trade Subcontractor interest therein. The Trade Contractor shall, by an appropriate agreement with each Trade Subcontractor, also require each Trade Subcontractor to make payments to his suppliers and Trade Sub -subcontractors in a similar manner." 5. Subparagraph 9.6.1 - delete in its entirety and insert the following: "The Construction Manager/Architect may decline to approve an Application for Payment if, in his opinion, the application is not adequately supported. If the Trade 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 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 9 Truman School Phase 1 Demolition such claims; (3) failure of the Trade contractor to make payments properly to Trade Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to the Construction Manager, the Owner, or another contractor working at the project; (6) reasonable evidence that the Work will not be completed within the contract time; (7) persistent failure to carry out the Work in accordance with the Contract Documents. 9.6.1.1 No payment shall be made to the Trade Contractor until certificates of insurance or other evidence of compliance by the Trade Contractor, within all the requirements of Article 11, have been filed with the Owner and Construction Manager. Further, no payments on the basi. of work performed by a Trade Subcontractor shall be paid until copies of all bonds required by Paragraph 7.5 and any certificates of insurance required of the Trade Subcontractors under Article 11 have been filed with the Owner." 6. Paragraph 9.7 - delete in its entirety. Add Paragraph 9.10: "Any requirement of this Article 9 that the Trade Contractor furnish proof to the Owner, Architect or Construction Manager that the subcontractors and materialmen have been paid is for the protection and convenience of the owner only. Unpaid subcontractors and materialmen may only seek payment from the Trade Contractor and the surety that provided the Trade Contractor's Public Construction Bond. The Trade Contractor must insert this paragraph 9.10 in all its contracts with subcontractors and materialmen." ARTICLE 10 1. Paragraph 10.2.5 - second sentence - delete "(other than damage or loss insured under Paragraph 11.3)". ARTICLE it 1. Delete Article 11 in its entirety and insert Article 11; "Insurance and Bonds" and the following subparagraphs: Prior to commencement of work governed by this contract (including the pre -staging of personnel and material), the Contractor shall obtain, at their own expense, insurance as specified in the attached schedules, which are made part of this Agreement. The Contractor will ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 10 Truman School Phase 1 Demolition the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by the Agreement (including pre -staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall provide, to the County in care of the Construction Manager, as satisfactory evidence of the required insurance, either: 0 Certificate of Insurance or o A certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, it's employees and officials, and Morrison Knudsen/Gerrits will 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 11 Truman School Phase 1 Demolition be included as "Additional Insured" on all policies, except for Worker's Compensation. In addition, the County will be named as an additional insured and loss payee on all policies covering County -owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by the Monroe County's Risk Manager. 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 12 Truman School Phase 1 Demolition C MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages mat ked with an "X' will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY X Workeri Compensation WCI Employers Liability WC2 X Employers Liability WC3 Employers Liability WCUSLH US Longshoremen & Harbor Workers Act WC1A Federal Jones Act Adminiantiv ?M Ikv /4A1901 INSCKLST Statutory Limits $100,000/s500,000/$100,000 $500,000/5500,0004500,000 S 1,000,000/S1,000,000/s 1,000,000 Same as Employers' Liability Same as Employers' Liability 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 — 13 Truman School Phase 1 Demolition GENERA, LIABILl As a minimum, The required general liability coverages will include: • Premises Operations Products and Completed Operations • Blanket Contractual Personal Injury • Expanded Definition of Property Damage Required Limits GL I $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit GL2 $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit GL3 $500,00' rer Person; $1,000,000 per Occurrence S 100,000 Property Damage or $1,000,000 Combined Single Limit Required Endorsement: CGLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability All endorser nts are required to have the same limits as The basic policy. Ad.�.in.•u,� bw, w* Xa709 01 INSCKLST a 7 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 008DO - 14 Truman School Phase 1 Demolition �' a1w] 1A r+:•:s L VEHICLE LIABILITY As a minimum, coverage should extend to liability for: • Owned; Nonowned; and Hired Vehicles Required Limits: VLI VL2 V L3 BRI_ M VC PROI PRO2 PR03 POLI POL2 POL3 EDI ED2 GKI GK2 GK3 MEDI MED2 MED3 Ad.,ml 1 Limwliw N4709 Or $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $500,000 per Person;$1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit MISCELLANEOUS COVERAGES Builders' Limits equal to the Risk completed project. Motor Truck Limits equal to the maximum Cargo value orany one shipment. Professional S 250,000 per Occurrence/$ 500,000 Agg. Liability S 500,000 per Occurrence/$1,000,000 Agg. SI,000,000 per Occurrence/$2,000,000 Agg. Pollution S 500,000 per Occurrence/$1,000,000 Agg. Liability $1,000.000 per OccurrenceJS2,000,000 Agg. $5,000,000 per Occurrence/$10,000,000 Agg. Employee S 10,000 Dishonesty $100,000 Garage S 300,000 (S 25,000 per Veh) Keepers S 500,000 (SI00,000 per Veh) $1,000.000 ($250,000 per Veh) Medical $ 500,000/$ 1,000,000 Agg. Proressionai S1,000,000/S 3,000.000Agg. $5,000,000/510,000,000 Agg. INSCKLs'r r 8 11/ll/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 — 15 Truman School Phase 1 Demolition to ft"irg IF Installation Maximum value of Equipment Floater Installed VLPI hazardous $ 300,000 (Rcquires MCS-90) VLP2 Cargo $ S00,000 (RequircsMCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bake Liab. Maximum Value of Property IIKLI Hanprkecpers $ 300,000 HKL2 Liability $ 500,000 HKL3 $ 1,000,000 AIRI Aircraft $25,000,000 AIR2 Liability $ 1.000.000 A]R3 $ 1,000,000 AEO1 Architects Errors S 250,000 per Occurrence/S 500,000 Agg. AE02 k Omissions $ 500,000 per Occurrence/$1,000,000 Agg. AE03 S 1,000,000 per Occurrence/S3,000,000 Agg. INSURANCE AGCNTS STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DCDUCTIBLES Liability policies are _ Occurrence _ Claims Made Insurance Agency Signature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder ndmimstnti�e Inaru,�iw 14709.01 INSCKLs,r Signature a 9 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 — 16 Truman School Phase 1 Demolition BY THIS BOND, We and PUBLIC CONSTRUCTION BOND as Principal a corporation, as Surety, are bound to herein called owner, in the sum of $ for payment of which we bind ourselves, or heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated 19 , between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescriued in the contract; and Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and; 3. Pays Owner all losses, damages, including damages for delay, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATE ON 1 19 179 (NAME OF PRINCIPAL) (AS ATTORNEY IN FACT) (NAME OF SURETY) 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 17 Truman School Phase 1 Demolition 11.1.8 Throughout the term of the contract, the Contractor shall purchase and maintain Builder's Risk Insurance on an All Risk Loss Form. Coverage shall include: Theft, Windstorm, Hail, Explosion, Riot, Civil Commotion, Aircraft, Vehicles, Smoke, Fire, Collapse and Flood. The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. The completed value is defined as all material, labor, supplies, and equipment intended to be incorporated in and to become a permanent part of the completed facility. The facility as defined for this paragraph includes structures as defined in the contract drawings and specifications. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. 11.1.9 Public Construction Bond The Owner shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner in this section as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. ARTICLE 12 1. Subparagraph 12.1.2 - Add to end of paragraph, "The Construction Manager will prepare each Change order in the format of the AIA Document G701/CM." Subparagraph 12.1.3 - under item .1, add the following at the end of the sentence, ", as set forth in subparagraph 12.1.6" 3. Subparagraph 12.1.4 - delete in its entirety and insert the following: "If none of the methods set forth in Clauses 12.1.3.1, 12.1.3.2 or 12.1.3.3 is agreed upon, the Contractor, provided a written order signed by the Owner or Construction Manager is received, shall promptly proceed with the work involved. The cost of such work shall then be determined by daily force accounts in a form acceptable to the Owner and Construction Manager. The daily force account forms shall identify contractor and/or subcontractor personnel by name, total hours for each man, each piece of equipment and total hours for equipment and all material(s) by type for each extra work 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 18 Truman School Phase 1 Demolition activity claim. Each daily force account form shall be signed by the designated Construction Manager's representative no later than the close of business on the day the work is performed to verify the items and hours listed. Extended pricing of these forms shall be submitted to the Construction Manager with all supporting documentation required by the Construction Manager for inclusion into a change order. Unless otherwise provided in the Contract Documents, cost shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits required by agreement or custom; workers' or workmen's compensation insurance; and the rental value of equipment and machinery. Mark-ups for overhead and profit will be in accordance with subparagraph 12.1.6. Pending final determination of cost, payments on account shall be made as determined by the Construction Manager. The amount of credit to be allowed by the Trade Contractor for any deletion or change, which results in a net decrease in the Contract Sum, will be the amount of the actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change." 4. Add new subparagraph 12.1.6: "The actual cost of Changes in the Work may include all items of labor or material, power tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll charges such as Public Liability and Workman's Compensation Insurance. No percentage for overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions are ordered, the credit shall be the net cost. Items considered as overhead shall include insurance other than that mentioned above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools, miscellaneous supplies, incidental job costs, warranties, and all general home/field office expenses. The actual cost of Changes in the Work (other than those covered by unit prices set forth in the Contract Documents) shall be computed as follows: 12.1.6.1 If the Trade Contractor performs the actual Work, the percentage mark-up for overhead and profit shall be a maximum addition of fifteen percent (150). 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 (15a). If the Trade 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 19 Truman School Phase 1 Demolition 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 profit shall be a maximum addition of fifteen percent (15%) on his direct work only. Add new subparagraph 12.1.7: "The Trade Contractor shall furnish to the Owner through the Construction Manager, an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. Any additional supporting documentation requested by the Construction Manager such as certified quotations or invoices shall be provided by the Contractor to the Construction Manager at no additional cost to the Owner." 6. Subparagraph 12.3.1 - delete in its entirety and insert the following: "If the Trade Contractor claims that any instructions given to him by the Construction Manager, by drawings or otherwise, involve extra work not covered by the Contract, he shall give the Construction Manager written notice thereof within five (5) days after the receipt of such instructions and before proceeding to execute the work, except in emergencies endangering life or property, in which case the Trade Contractor shall proceed in accordance with Paragraph 10.3. The written notice to the Construction Manager for the extra work shall include a complete description of the extra work, the total cost and a detailed cost breakdown by labor, material and equipment for each additional activity required to be performed. Mark-ups shall be limited as specified elsewhere in this Article. Except as otherwise specifically provided, no claim for additional cost shall be allowed unless the complete notice specified by this Subparagraph is given by the Trade Contractor." Subparagraph 12.3.2 - change the word 'agent' in the 7th line, to 'representative', and revise the remainder of the paragraph to read: "or (3) any written order for a minor change in the Work issued pursuant to Paragraph 12.4, the Contractor shall make such claim as provided in Subparagraph 12.3.1." 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 20 Truman School Phase 1 Demolition 8. Add new subparagraph 12.3.3: "Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any dispute or claim proceeding, and Owner shall continue to make payments to the Contractor in accordance with the Contract Documents. Disputes unresolved shall be settled in accordance with subparagraph 7.1.1. The Contractor shall maintain completed daily force account forms in accordance with subparagraph 12.1.4 for any dispute or claim item." ARTICLE 14 1. Subparagraph 14.1.1 - starting at the 8th line, delete the phrase, "..., or if the Work should be stopped for a period of thirty days by the CONTRACTOR because of the CONSTRUCTION MANAGER'S failure to recommend or the ARCHITECT'S failure to issue a Project Certificate fc� Payment as provided in Paragraph 9.7 or because the OWNER has not made payment thereon as provided in Paragraph 9.711. 2. Subparagraph 14.1.1 - add to the last sentence: "excluding home office overhead." Subparagraph 14.2.1 - change the words 'seven days' in the 13th and 18th line, to 172 hours'. ******END OF SECTION 00800****** 11/21/94 SUPPLEMENTARY GENERAL CONDITIONS 00800 - 21 Truman School Phase 1 Demolition CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS AIA Document C706 OWNER ARCHITECT El CONTRACTOR 0 SURETY ❑ OTHER TO (Owner) ARCHITECT'S PROJECT NO: CONTRACT FOR: L J CONTRACT DATE: PROJECT: (name, address) State of: County of: The undersigned, pursuant to Article 9 of the General Condition: of the Contract for Construction, AIA Document A201, hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in any way be held responsible. EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Consent of Surety to Final Payment. Whenever Surety is involved, Consent of Surety is required. AIA DOCUMENT G707, CONSENT OF SURETY, may be used for this purpose. Indicate attachment: (yes 1 (no I. The following supporting documents should be at- tached hereto 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 extent required by the Owner, ac. companied by a list thereof. I Contractor's Affidavit of Release of Liens (AIA DOCUMENT G706A). CONTRACTOR: Address: By: Subscribed and sworn to before me this day of Notary Public My Commission Expires: AIA DOCUMENT CIO6 • CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS • APRIL 1970 EDITION AIA • 2 19,0 • THE AMERICA`1 INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., MC WASHINGTON. DC 20006 11/21/94 AFFIDAVIT OF PAYMENT OF DEBTS & CLAIMS Truman School Phase 1 Demolition 19 ONE PAGE 00900-1 CONTRACTOR'S AOWNER CT ❑ AFFIDAVIT OF CONTRACTOR ❑ SURETY ❑ RELEASE OF LIENS OTHER AIA DOCUMENT C706A TO (Owner) ARCHITECTS PROJECT NO: -I CONTRACT FOR: L J CONTRACT DATE: PROJECT: (name, address) State of: County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AIA Document A201, hereby certifies that to the best of his knowledge, information and _..lief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equip- ment, and alf performers of Work, labor or services who have or may have liens against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: (If none, write 'Tone". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) SUPPORTING DOCUMENTS ATTACHED HERETO 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 extent required by the Owner, ac- companied by a list thereof. CONTRACTOR: Address: BY: Subscribed and sworn to before me this day of Notary Public'. My Commission Expires: AIA DOCUMENT G706A - CONTRACTOR'S AFFIDAVIT Of RELEASE OF LIENS • APRIL 1970 EDITION • AIAS D 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVE., NW. WASHINGTON, D.C. '0006 19 ONE PAGE 11/21/94 AFFIDAVIT OF RELEASE OF LIENS 00905 - 1 Truman School Phase 1 Demolition CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT CONTRACTORSURETY Cl ❑ TO FINAL PAYMENT ❑ OTHER AIA DOCUMENT G707 PROJECT: (name, address) TO (Owner) F ARCHITECT'S PROJECT NO: CONTRACT FOR: L CONTRACT DATE: CONTRACTOR: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the there inua name and add,oa of 5ure1, Comp., , on bond of (hen, linen name and address of C.,,.,.,) SURETY COMPANY, CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to there amen name and address of O.neo as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this Surety Company day of Signature of Authorized Representative Attest: (Seal): OWNER, 19 NOTE: Th.s foam if to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT Of PAYMENT Of DEBTS ANO CLAIMS, Cur,ent Edmon AIA DOCUMENT C707 • CONSENT Of SURETY COMPANY TO FINAL PAYMENT • APRIt 11-0 EDITION • AIAS m 1970 • THE AMERICAN INSTITUTE Of ARCHITECTS. 1775 NEW YORK AVE_ N\S', %%ASHINGTON. D.C. 2W06 ONE PNGE 11/21/94 CONSENT OF SURETY TO FINAL PAYMENT 00910 - 1 Truman School Phase 1 Demolition SECTION 01027 APPLICATION FOR PAYMENT 1. SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 2. FORMAT The Application and Certificate for Payment including the Continuation Sheet is the required format for submitting invoices. A copy of these forms are included in this section. The Owner reserves the right to modify the format to better suit his internal accounting system. 3. PREPARATION OF APPLICATIONS The contractor is required to comply with the following procedure: 1. Progress payment period ending date is the 25th day of each month. 2. The Work Item Update listing (blank) will be distributed to the Contractor for completion prior to the 15th day of the month. 3. Ten (10) calendar days prior to the 25th (i.e., 15th of the month), work item updates are to be submitted by the Contractor to the CM for work through the period ending date (25th). 4. On or about the 15th or 16th day of the month, the CM will review the copies of the work item update with the field staff and/or the Contractor. 5. From about the 17th to the 20th day of the month, the CM will meet at the jobsite with the A/E to review the recommended work item update listings for A/E approval. 6. From the 21st to the 24th day of the month, the CM will provide the Contractor the reviewed and approved work item update and an application for payment. 7. The Contractor will execute certification by notarized signature of an authorized officer and attach to the Application for Payment, a completed and properly executed Affidavit and Partial Release of Lien form also contained in this section prior to the 25th day of each month. 8. On or about the 25th day of each month, the A/E will certify the applications for payment at the monthly jobsite project coordination meeting and the CM will submit them to the Owner for processing or provide notification as stipulated 11/21/94 APPLICATION FOR PAYMENT 01027 - 1 Truman School Phase 1 Demolition 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. SUnSTANTIATING 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. 11/21/94 APPLICATION FOR PAYMENT 01027 - 2 Truman School Phase 1 Demolition a a a a a a a E e�u r �xc $ � S +• !L! y e of a < au p O S O O O O O O . Y• 7 : O O O O O O O � — L s o 0 o e e e e L Yea§ s O O G� Y p� O . <U G OV J ti ZZZi W W P J ppg2J\ �• 2 S O[ ga < CO O \ O O O O p O •• s � aL u� 0 3 o G Y V G N V p 11/21/94 APPLICATION FOR PAYMENT 01027 - 3 Truman School Phase 1 Demolition ) k \ § k § K■ 7::; ■;s2,■ a, q § ! ! f � ! � \ � k\ ) pilto }� t : �q! V7 ! � !�■! \f ' 7 �\{� 7(� 0U ; !-!, !.0 6 ! )� ! t| §_ §)�� _ £C § 0 /! � /! 2`I _ ; - 1 6 i )\ ) 11/21/94 APPLICATION FOR PAYMENT 01027-4 Truman School Phase lm lily 0 0 0 0 0 0 0 0 c Y r o 0 0 0 0 0 0 0 i < •:8888888: 8 i Of O O O O O O O O O O O O x o 0 0 0 0 0 0 8 8 8 8 8 8 8 B 88888 0 i r n r g . c :8888888 8 W 0000000 0 1 O U G • pp pp 0 0 0 0 00 0 0. O O O O O O O O O O yO O N p 8 8 8 8 8 8 8 i x N 8888888 8 T � u yy 0 0 0 0 0 0 0 0 < 6 s s T c 8 88088 8 0 u e 0 00000 � � n 8 `u 6 � 4 J \ < °55g 58Soo8�S 11/21/94 APPLICATION FOR PAYMENT 01027 - 5 Truman School Phase 1 Demolition MONROE COUNTY c/o MORRISON-KNUDSEN/GERRITS AFFIDAVIT AND PARTIAL RELEASE OF LIEN APPLICATION NUMBER: —PERIOD ENDING DATE: APPLICATION DATE: KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of the sum $ , to be paid to the undersigned, hereby releases, acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or services for the improvement of the following described property: Renovation of Judge Miller's Courtroom, Jackson Square As part of this PARTIAL RELEASE, 'nIAT UNDERSIGNED HEREBY CIRTIFIES the following: THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount of S , as oL .he date of the Partial Release and the undersigned has received S_ as payment on the adjusted contract amount as of the date of this Partial Release. THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for improvement to the subject property have been paid in full. Any and all suppliers of labor, material or services for improvement to the subject property, who have not been paid in full are listed below with the amount owing each, claimed by each and the reason for nonpayment: (If none, write "None") CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT THAT all taxes imposed by all government agencies have been paid and discharged. THAT all funds have been collected for F.I.C.A. and withholding taxes have been properly deposited with appropriate agencies or paid to the government as required by law. THAT the undersigned has no other claims for money against the OWNER other than those subcontractors/suppliers amounts remaining due and owing on the adjusted contract balance as reflected above. THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty or Maintenance Agreement. WITNESS MY HAND THIS day of Witness Witness Name of Company Signature, Title 19_ 11/21/94 APPLICATION FOR PAYMENT 01027 - 6 Truman School Phase 1 Demolition SECTION 01200 PROJECT MEETINGS 1. SUMMARY A. Section includes: 1. Project meetings 2. The CONSTRUCTION MANAGER'S RESPONSIBILITY A. Construction Manager shall schedule and administer pre - construction meeting, periodic progress meetings, and specially called meetings throughout progress of the Work. 1. Prepare agenda for meetings. 2. Provide notice of each meeting 24 hours in advance of meeting date, or provide as much advance notice as possible. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include significant proceedings and decisions. 6. Reproduce and distribute copies of minutes. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. C. Furnish three copies of minutes to the Architect. B. Representatives of the Contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. The Architect and the Owner's Representative may attend meetings to ascertain that the Work is expedited consistent with the Contract Documents and construction schedules. PRE -CONSTRUCTION MEETING A. Location: A central site designated by the Construction Manager. B. Attendance: 1. The Owner's Representative. 2. The Architect and his professional consultants (as required). 3. Construction Manager. 4. The Contractor's Superintendent. 5. Major subcontractors. 6. Major suppliers. 11/21/94 PROJECT MEETINGS 01200 - 1 Truman School Phase 1 Demolition 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. Adegv=kcy of distribution of the Contract Docum«nts. 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. WEEKLY PROGRESS MEETINGS A. The Contractor's Project Manager and/or Superintendent shall be required to attend a weekly scheduling meeting. B. Location of the meetings: A central site designated by the Construction Manager. C. Attendance: 1. The Architect and his professional consultants as needed. 2. Contractors as appropriate to the agenda. 3. Suppliers as appropriate to the agenda. 4. others. D. Suggested Agenda: 1. Review of Work progress since previous meeting. 2. Field observations, problems, conflicts. 3. Problems which impede Construction Schedule. 4. Review of off -site fabrication, delivery schedules. 5. Corrective measures and procedures to regain projected schedule. 6. Revisions to Construction Schedule. 7. Progress, schedule, during succeeding Work period. 8. Coordination of schedules. 21/94 PROJECT MEETINGS 01200 - 2 Truman School Phase 1 Demolition 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****** 11/21/94 PROJECT MEETINGS 01200 - 3 Truman School Phase 1 Demolition SECTION 01301 SUBMITTALS 1.1 SUMMARY A. Section includes: 1. Submit to the Construction Manager, shop drawings, product data, certifications and samples for specified materials called out on the Contract Drawings and/or as determined by the Architect. 2. Prepare and submit a separate schedule listing dates for submission and dates for review. B. Related Sections: 1. Section 00750 - GENERAL CONDITIONS 2. Individual submittals required: refer to each specific section, for certifications, shop drawings, product data and sample requirements. 1.2 SUBMITTAL TRANSMITTAL FORM A. Attached, and made a part of this section 01301, is a copy of the submittal Transmittal Form, which shall be filled out by the contractor and submitted with each and every submittal. Follow the instruction sheet, also attached, for directions on this procedure. It is essential that the submittal Transmittal Forms are filled out in their entirety for the system to function properly. B. Transmittal Form, originals for contractors use, will be supplied by the Construction Manager, and is a 6- part form. 1.3 SUBMITTAL SCHEDULE A. The Contractor shall submit within seven (7) days of award of the Contract, and prior to proceeding with the site work, a preliminary "Submittal Schedule" to the Construction Manager for review, modification and response. No payment applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information: 1. Specification Section number and name. 2. Specification Section paragraph identification which describes submittal requirement. 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). 11/21/94 SUBMITTALS 01301 - 1 Truman School Phase 1 Demolition B. The Contractor shall also supply the following dates in order to meet the project schedule. 1. Date submittal is scheduled to be submitted and received by the Construction Manager. 2. Date contractor has scheduled to order material or equipment or the submittal item. 3. Date contractor has scheduled delivery to job -site of material or equipment or the submittal item. 4. Add any remarks or unique items that the CM or A/E should be aware of. C. The Contractor shall allow a minimum of (3) weeks for review of submittal by A/E (in calendar days). D. The submittal master record will then be used to track submittals within the process. 1.4 SHOP DRAWINGS A. Submit legible shop drawings in the form of positive printing reproducible transparencies, commonly called sepia prints, suitable for reproduction use on dry print diazo type machines. Sepia prints which cannot be reproduced will be returned to the Contractor for re -submittal. B. Provide shop drawings as complete submittals (no partial sets) on original drawings or information prepared solely by the fabricator or supplier. Deviation from complete submittals will only be allowed by pre -arranged method. C. Do not reproduce the Contract Drawings for shop drawing submittals. D. Sheet sizes shall be the same for all sheets and shall not exceed the size of the Contract Drawings. E. Each sepia print shall have blank spaces large enough to accept 4" x 411 review stamps of the Architect and the Contractor. F. Each sepia print shall carry the following information: 1. Project name and contract number. 2. Date. 3. Names of: a. The Architect b. The Construction Manager C. The Contractor d. Supplier e. Manufacturer 4. Identification of product or material. 11/21/94 SUBMITTALS 01301 - 2 Truman School Phase 1 Demolition 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly stated as such. 7. Specification Section number. 8. Applicable standards such as ASTM or Federal Specification. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and/or detain number. G. Submit sepia prints without folds either as flat sheets if size permits, or rolled in tubes. H. The contractor shall submit (1) reproducible and (5) blueline sets to the CM. The CM will forward (1) reproducible and (4) blueline sets to the A/E. The A/E will return (1) reproducible and (3) blueline sets to the CM. The CM will return (1) reproducible and (1) blueline to the contractor. After corrections are made, the requested number of sets of shop drawings issued "For Construction Use" will be distributed to the CM and other trade contractors by the Contractor prior to the start of the Work. 1.5 PRODUCT DATA A. Product data such as catalog cuts, brochures or manufacturer's sheets may be submitted in lieu of sepia prints if adequately identified. Submit seven copies of product data to the Construction Manager. B. Modify product data sheets to delete information which is not applicable to the Project. Provide additional information if necessary to supplement standard information. C. Product data sheets that are submitted with extraneous information not deleted and/or modified will be returned without review to the Contractor for re - submittal. D. The contractor shall submit at a minimum, (1) original and (6) copies to the CM. The CM will return (2) copies to the contractor after review/return by the A/E. 1.6 SAMPLES A. Provide samples to illustrate materials, equipment or workmanship, and to establish standards by which completed work may be judged. B. Construct mock-ups as required by the technical 11/21/94 SUBMITTALS 01301 - 3 Truman School Phase 1 Demolition sections, at the Project Site in a location designated by the Construction Manager. Construct mock-ups, including adjacent work required, to demonstrate the final appearance of the Work. C. The contractor shall submit (3) samples to the CM, and (1) will be returned to the contractor after review/return from the A/E. 1.7 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Contractor's letterhead stationary. Certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the Owner/Contractor agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents. Attach manufacturer's affidavits where applicable. C. The contractor shall submit (1) original and (6) copies to the CM. The CM will return (2) sets to the contractor after review/return from the A/E. 1.8 THE CONTRACTOR'S RESPONSIBILITIES A. Before making submittals to the Construction Manager, review each submittal, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to the Construction Manager for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to the Construction Manager. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. C. Verify field measurements and product catalog numbers or similar data. D. Clearly identify on the submittal and transmittal to the Construction Manager in writing of deviations in submittals from the requirements of the Contract Documents. E. After the Construction Manager's and the Architect's 11/21/94 SUBMITTALS 01301 - 4 Truman School Phase I Demolition 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 shoviing it has been reviewed by the Contractor. B. After the Architect's review, the Construction Manager will forward submittals to the Contractor and retain one copy for the Owner. The Contractor shall distribute copies including other copies distributed to suppliers and fabricators. The Contractor shall supply copies of reviewed submittals to the Construction Manager in sufficient quantity to allow proper coordination of the Contract. 1.10 THE ARCHITECT'S RESPONSIBILITIES A. The Architect will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with information given in the Contract Documents. B. The Architect will make changes or notations directly on the submittal, identify such review with his review stamp, obtain and record the Architect file copy and return the submittal to the Construction Manager. ******END OF SECTION 01301****** 11/21/94 SUBMITTALS 01301 - 5 Truman School Phase 1 Demolition ° �d Ui \ \ § ' \ \ \ . Ui ° �- 2■ w/ §E - $ | r ) , 0Cr m ! 0 0 2 » A » . < | � . » f � } ! � ■ ■ Ca 9L 0° _■ �■ - . ) 0 - » #� /cc E » - !% 0 q\ ) \ a @ o ! e1301-6 Truman School ma_ 1 Demolition m c pC pqq C ? 2 q Y a p° m C C I "p m VF m A wa 9'�m 22 ui m m 2 m a � F$ � s y E a m c c +• a c a E m m a E U .� a' m Nmo E m4o me uc mO$ SEE>;a o }� a� E m a v E r yq u Y e y n'=_ E m^ m o o c A a c tm c w we O c.t r r E° •° m m m'6 a m o c m m m m 60� cc r 'm= m 7 mo °i73—cmEu mmmm cm mcq Sc£L'm mcE'° mppuEE�g no b mcU4 m �Ysp6a�� m �c Y�ni ici +nw NIOO6 '-0< Y C ON�H(�m zi Gi ^NN Na E qC m q w X0. YFLL� 3 3 O Ntmh m0�0 NN NU m1G1^ OQ C C 02 61- G)l y SUBMITTALS 11/21/94 Truman School Phase 1 Demolition 01301 - 7 SECTION 01310 PROGRESS SCHEDULES 1.1 SUMMARY A. Section includes: 1. Progress schedules 2. Revisions to schedules B. Related sections: 1. SCOPE OF WORK C. Description: 1. Progress Schedules: Promptly after award of the Contract and prior to proceeding with the sitework, prepare and submit to the Construction Manager for approval, construction progress schedules for the work, with subschedules of related activities which are essential to its progress. Also incorporate manpower loading related to each activity on the construction schedule. 2. Revisions to Schedule: Submit revised/updated progress schedules with each payment application. 1.2 FORMAT A. Prepare Progress Schedules as a horizontal bar chart with a separate bar for each major portion of Work or operation, identifying the first work day of each week. B. Include numeric manpower loading associated with each horizontal bar, clearly defined. D. Scale and spacing: to provide space for notations and revisions. E. Sheet size: minimum 8-1/2" x 11" 1.3 CONTENT A. Indicate complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify work of separate stages and other logically grouped activities. C. Provide sub -schedules to define critical portions of the entire schedule. D. Submit separate schedule of submittal dates for shop drawings, product data, and samples, including the Owner furnished products and products identified under 11/21/94 PROGRESS SCHEDULES 01310 - 1 Truman School Phase 1 Demolition allowances and dates reviewed submittals will be required from the Architect. Reference Section 01301 - Submittals. 1.4 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays and the impact on the schedule. 2. Corrective action recommended and its effect. 1.5 SUBMITTALS A. Submit initial schedules within (3) days after receipt of the Contract Notice to Proceed. 1. The Construction Manager will review schedules and return review copy within ten (10) days after receipt. 2. If required, re -submit within seven (7) days after return of review copy. 3. Submit revised Progress Schedules with each Application for Payment. 1.6 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedules. Note: It is not incumbent upon the Construction Manager to notify the Trade Contractor when to begin, to cease, or to resume work nor to give early notice of faulty or defective work, nor in any way to superintend so as to relieve the Trade Contractor of responsibility or of any consequence of neglect or carelessness. ******END OF SECTION 01310****** 11/21/94 PROGRESS SCHEDULES 01310 - 2 Truman School Phase 1 Demolition SECTION 01370 SCHEDULE OF VALUES 1.1 SUMMARY A. Section includes: 1. The Schedule of Values allocated to the various portions of the Work shall be submitted to the Construction Manager within three (3) days after Notice to Proceed. 2. Upon request of the Construction Manager, revise and/or support the values with data which will substantiate their correctness. 3. Upon recommendation by the Construction Manager, the Schedule of Values will be placed on the Agenda of the next Board of County Commissioner (BOCC) Meeting for approval. The BOCC meet monthly. 4. The Schedule of Values, as approved by the Board of County Commissioners, forms the basis for the Contractor's Applications for Payment. 1.2 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on AIA G703 Form; the Contractor's standard forms and automated printout will be considered by the Construction Manager upon the Contractor's request. Identify schedule with: 1. Title of Project and location. 2. The Architect and Construction Manager. 3. Name and Address of the Contractor. 4. Contract designation. 5. Date of submission. B. List the installed value of the component parts of the Work (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. Clean-up. 4. Submittals. 11/21/94 SCHEDULE OF VALUES 01370 - 1 Truman School Phase 1 Demolition 5. Safety. E. For each major line item list sub -values of major products or operations under the item. F. For the various portions of the Work: 1. Include a directly proportional amount of the Contractor's overhead and profit for each item. 2. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. b. The total installed value. 3. Submit a subschedule for each separate stage of work specified in Section 00300. G. The sum of values listed in the schedule shall equal the total Contract Sum. 1.3 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****** 11/21/94 SCHEDULE OF VALUES 01370 - 2 Truman School Phase 1 Demolition SECTION 01385 DAILY CONSTRUCTION REPORTS 1.1 SUMMARY A. Section includes: 1. Requirement for Daily Construction Reports by each Contractor. 2. Scheduled submission times for Daily Construction Reports. 1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS A. Daily Construction Reports shall be submitted by each and every Contractor performing work on the project. Forms to be used will be Larnished by the Construction Manager. Items to be addressed on the Report are: 1. Title of Project 2. Name of.Contractor 3. Date and day of Report information. For example, you performed work on Thursday, April 18, 1991, so you would therefore use "Thursday, 4/18/91." This holds true even if you did not complete filling out the Report until Friday, 4/19/91. 4. Contract designation. 5. Note any major Shipments received on that particular day. 6. Note major equipment used that day. 7. Note manpower used, and designate what trades. For example, if you were the mechanical contractor, you would also list how many insulators, pipe fitters, etc. that you were also managing, even if they were subcontractors. In addition, list the names of the subcontractors that were on -site that day. 8. Note any deficiencies in your work, and corrective actions taken to resolve the deficiencies. 9. Note any safety violations discovered, whether or not caused by your forces. 10. Provide a full description of work performed that day, and any problems or unusual conditions discovered. 11. Report is to be signed by the authorized representative of the contractor, and should the signature not be legible, print the name of the signer next to the signature. 1.3 SCHEDULE OF SUBMITTING DAILY REPORTS A. Daily Reports are to be submitted at the designated location described in the pre -construction meeting. Contractors are to submit the original of their report, 11/21/94 DAILY CONSTRUCTION REPORTS 01385 - 1 Truman School Phase 1 Demolition and should keep a copy for their records. The Construction Manager's photocopying facilities are not to be used in the reproduction for submission of the reports. B. Submit Daily Reports no later than 9:OOam the day following the day of the work described in that particular report. No exceptions to this rule will be accepted. Should contractor fail to comply with these instructions, the contractor's payment application for the following month will be held in abeyance until such time the contractor properly submits the delinquent reports. ******END OF SECTION 01385****** 11/21/94 DAILY CONSTRUCTION REPORTS 01385 - 2 Truman School Phase 1 Demolition SECTION 01395 DOCUMENT CLARIFICATION REQUESTS (DCR) 1.1 SUMMARY A. Section includes: 1. Notification of Construction Manager in the event errors, field conflicts, and omissions are found in the Contract Documents, or clarifications are necessary. 2. Utilization of DCR form. B. Related Sections: 1. General Conditions Article 2.3 2. General Conditions Article 8.3.2 3. General Conditions Article 12.3 1.2 FORM AND CONTENT OF DOCUMENT CLARIFICATION REPORTS A. All errors, field conflicts, and omissions in the Contract Documents shall be brought to the attention of the Construction Manager immediately. If clarifications are necessary, the request is to be conveyed to the CM. The DCR is a tool established to provide expedient clarifications of contract drawings, specifications or field conflicts. It is not meant to be a substitute for good communication. B. The DCR•is not meant for formal notification of extra work. Reference General Conditions paragraph 8.3.2 and 12.3, when formal correspondence is required for formal notification of time extensions, and for cost change notifications. C. The contractor should propose a solution, and enter on the form in sufficient detail necessary for the A/E or CM to confirm the contractor's proposed solution. D. The contractor is also required to mention all other trade work which is affected by the problem, and all trade work which will be affected by the proposed solution. E. The responses provided on the DCR form to the Contractor are considered by the Owner to be clarifications and/or minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract time per Paragraph 12.4 of the Contract General Conditions. Should the Contractor consider the DCR response requires extra work, 11/21/94 DOCUMENT CLARIFICATION REQUESTS 01395 - 1 Truman School Phase 1 Demolition notification in accordance with Paragraph 12.3.1 of the Supplementary General Conditions is required. 1.3 UTILIZATION OF DCR FORM A. The CM will make available contractors use. Attached and the instruction sheet. the DCR forms for the is a copy of the DCR form 11/21/94 DOCUMENT CLARIFICATION REQUESTS 01395 - 2 Truman School Phase 1 Demolition 11/21/94 DOCUMENT CLARIFICATION REQUESTS 01395 - 3 Truman School Phase 1 Demolition mOCDrENTCIAYIKAno REQu he ha Ta NmsEa '--^-- Coo an S. (es r. o.. Ss 1 wens n.lars lamp( (Rtl139L1r! : 9 hers w- 2 o.yrs «wyeoa.iae ... ae rage b 7 , 'Meld w ww " "Y On,s ro +e W t Pe e.aw msWeel woo a..w. ar as 2 owl mAs. uT• ax uB A. By Contractor: 1. From: The DCR will always be from the prime contractor. Subcontractors to the prime contractor shall submit MR's through their prime contractor. 2. Problem By: This can be the subcontractor, or "a prime contractor, or the established prime contractor representative, or the established subcontractor representative. 3. Contract No.: This is the approved contract, contract number. a. Drawing No.: Here insert as much information as possible to describe the location in the contract documents of "a particular problem you are asking clarification. Include revision level of drawings, and date. Include detail numbers, include section numbers, include specification section numbers, paragraph locations, all as applicable. S. Civil, Structural, etc.: Here note the particular division of work the DM applies to. 6. Subject: Here insert brief, clear, concise caption subject, which is representative of problem area. T. Problem a Suggested Solution: Describe in as such detail as necessary, the problem to Mich clarification is needed, If additional space is needed, add axtra shoots to back, and reference attachments in this area no. T. Draw sketches if necessary. Make photocopy of particular drawing detail and attach if necessary. B. By Morrison-Nnudeen/Gerrits R. DCR No.: Numbers will be assigned as follows: xx- xxx- �Daf Project Contractor No. Sequential No. For instance, the first OCR from the contractor of Contract No. 001 On the New Detention Facility, would be: IU-001-001 Am another example: The seven" consecutive DCR logged on the New Detention Facility, was received from the contractor of Contract No. 005, would be: NS-005-00T 9. Receipt Logged: This will be "a date received by "e CM from the contractor, and will serve as "s reference date. 10. A/E Project No.: The "is project number will be inserted here, where and when applicable. it. MA/G Rsvlew: This will be the signature or initials of the Construction Manager, upon review of the problem, with the data of sign -off. 12. Mk/G Review: This will be the signature or initials of the Construction Manager, upon review of the solution. 11. Date: This will be the date of NN/G review and sign - off. C. By Architect/Engineer: la. Solution: The A/E will here insert the solution to the problem, or answer in some other fashion the clarification being requested. The A/E may herein confirm the contractors proposed solution. IS. Solution By: The entity providing the solution is to sign here. This may be the Construction Manager when particular clarifications ate being requested that can be answered by the CM, Otherwise, it will be the A/E representative. 16. Date: This will be "e date of sign -off, or answering the DCR by the A/E. D. Part -By -Part Distribution of 6-part DCR Form: a, Fran the contractor summits DCR, he Will retain Goldenrod Copy. b. When received by the contractor, CM will retain Eink copy. C. The DCR than is submitted to the A/E. Once answered, the A/E returns to CM, but retains Canary copy. d, CM reviews answer, and sends Green copy back to contractor. CM will retain original Mite copy for office files, and Aloe copy will go to the job -site. 11/21/94 DOCUMENT CLARIFICATION REQUESTS 01395 - 4 Truman School Phase 1 Demolition 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 coder_ and standards, and comply with NEC Art. 305 - Temporary Wiring. 2.2 TEMPORARY ELECTRICITY A. If the Contractor requires electrical power, it will be the Contractor's responsibility to furnish, install and maintain any temporary electrical service as required for his construction needs throughout the construction period and shall remove such service upon completion of the work. The Contractor shall maintain all circuits being utilized shall ensure no adverse impact upon the Owner. 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'Ifor installation, maintenance, removal and service charges for such service. 2.4 TEMPORARY LIGHTING A. The Contractor shall furnish, install and maintain temporary lighting for construction needs throughout the construction period and shall remove such temporary lighting on completion of the Work. 1. Temporary artificial lighting shall be provided in enclosed Work areas and all other work areas when natural lighting does not meet minimum requirements. Temporary artificial lighting in work areas shall produce uniform illumination of 20-foot candles. 11/21/94 TEMPORARY UTILITIES 01510 - 1 Truman School Phase 1 Demolition 2.5 2.6 TEMPORARY WATER A. It will be the contractor's responsibility to furnish, install and maintain any temporary water service for his construction needs throughout the construction period and shall remove such service upon completion of the work. The Contractor shall maintain all water service being utilized and shall ensure no adverse impact upon the Owner. 2.7 A. 11/21/94 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 equipment as may be required. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. TEMPORARY SANITARY FACILITIES The Contractor will provide sanitary facilities in compliance with laws and regulations. The Contractor will service, clean and maintain facilities and enclosures. TEMPORARY UTILITIES 01510 - 2 Truman School Phase 1 Demolition 2.8 TEMPORARY FIRE PROTECTION The Contractor shall furnish, install and maintain temporary fire protection equipment, materials, supplies and service throughout the construction period in accordance with the requirements of all applicable codes and standards. 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. ******END OF SECTION 01510****** 11/21/94 TEMPORARY UTILITIES 01510 - 3 Truman School Phase 1 Demolition 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. 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. The Contractor shall completely remove temporary scaffolds, access, platforms, and other such materials, facilities, and equipment, at the completion of the Work or when construction needs can be met by the use of the permanent construction, provided the Construction Manager has approved and authorized such use. The Contractor shall clean up and shall repair any damage caused by the installation or by the use of 11/21/94 CONSTRUCTION AIDS 01520 - 1 Truman School Phase 1 Demolition such temporary construction aids. The Contractor shall restore any permanent facilities used for temporary purposes to their specified condition. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 2.3 TEMPORARY ENCLOSURES A. The Contractor responsible for installing the permanent closure in an opening in an exterior wall shall be responsible for installing, maintaining, and removing, as the Work progresses, a temporary weather -tight enclosure for that opening as necessary to provide acceptable working conditions, to provide weather protection for interior materials, to allow for effective temporary heating and/or cooling, and to prevent entry of unauthorized persons. 1. The Contractor shall install such temporary enclosures as soon as is practical after the opening is constructed or as directed by the Construction Manager. 2. Temporary enclosures shall be removable as necessary for the Work and for handling of materials. 3. Temporary enclosures shall be completely removed when construction needs can be met by the use of the permanent closures. 4. The Contractor responsible for providing, maintaining, and removing the temporary enclosure shall clean and shall repair any damage caused by the installation of such enclosure. 5. The Contractor shall remain responsible for insuring that his work, material, equipment, supplies, tools, machinery, and construction equipment is adequately protected from damage or theft and shall provide, maintain and remove such additional temporary enclosures as may be deemed necessary. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. ******END OF SECTION 01520****** 11/21/94 CONSTRUCTION AIDS 01520 - 2 Truman School Phase 1 Demolition SECTION 01550 ACCESS ROADS AND PARKING AREAS A. Only parking for necessary for the be allowed at the coordination with Manager. equipment and vehicles that are deemed Contractor to perform his work will project site and only through and approval of the Construction ******END OF SECTION 01550****** 11/21/94 ACCESS ROADS AND PARKING AREAS 01550 - 1 Truman School Phase 1 Demolition SECTION 01560 TEMPORARY CONTROLS 1.1 SUMMARY A. Section Includes: 1. Water control 2. Dust control 3. Erosion and sediment control 4. Pollution control 5. Noise Control 6. Traffic Control B. Related sections: 1. SCOPES OF WORK 1.2 WATER CONTROL A. Contractor shall grade site to drain. B. Protect site from puddling or running water. Provide water barriers to protect site from soil erosion. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. 1.3 DUST CONTROL A. Execute the Work by methods to minimize raising dust from construction operations. B. Provide positive means to prevent airborne dust from dispersing into atmosphere. 1.4 EROSION AND SEDIMENT CONTROL A. Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. B. Minimize amount of bare soil exposed at one time. C. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. 11/21/94 TEMPORARY CONTROLS 01560 - 1 Truman School Phase 1 Demolition 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. 1.6 NOISE CONTROL A. Execute work by methods to minimize noise. Plan work so noise will not affect Owner or Owner's operations. 1.7 TRAFFIC CONTROL A. Traffic lanes and traffic flows are not to be blocked, closed or altered du- to construction activities without prior coordi,tation with the Construction Manager and Owner. A (48) hour notice to the Construction Manager is required prior to any traffic lane being blocked, closed or altered. ******END OF SECTION 01560****** 11/21/94 TEMPORARY CONTROLS 01560 - 2 Truman School Phase 1 Demolition SECTION 01590 FIELD OFFICES AND SHEDS A. The Contractor, if he deems it necessary, may furnish, install, and maintain a temporary field office for his use and the use of his employees during the construction period. Contractor may utilize an area within the facility for a temporary field office. The location shall be coordinated with the Construction Manager. B. The Contractor shall furnish, install, and maintain temporary storage and work sheds to adequately protect his work, materials, equipment, supplies, tools, machinery, and construction equipment from damage and theft. C. The Contractor shall arrange his field office and sheds so as not to interfere with the construction and Owner's activities. The locations of field offices and sheds shall be coordinated with the Construction Manager. The type, size and location of field offices and sheds is subject to approval by the Construction Manager. D. The Contractor shall arrange and pay for telephone service for his field office and sheds, if he should require such services. E. The Contractor shall relocate his field office and sheds as directed by the Construction Manager, at no additional cost to the Owner or Construction Manager. F. The Contractor shall completely remove his field office and sheds on completion of the Work or when directed by the Construction Manager. The Contractor shall remove all debris and rubbish and shall place the area in a clean and orderly condition. ******END OF SECTION 01590****** 11/21/94 FIELD OFFICES AND SHEDS 01590 - 1 Truman School Phase 1 Demolition 14x41P00,MID 11.�1.1 CONSTRUCTION CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Cleaning during progress of work. 1.2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti -pollution laws. 1. Do not burn or bury rubbish and waste materials on Project Site. 2. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. D. Sweeping compounds used in cleaning operations shall leave no residue on concrete floor surfaces that may affect installation of finish flooring materials. PART 3 - EXECUTION 3.1 DURING CONSTRUCTION A. Execute cleaning to keep the Work, the Site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. 11/21/94 CONSTRUCTION CLEANING 01595 - 1 Truman School Phase 1 Demolition 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 nackaging shall be folded or cut into reasonable size-- 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****** 11/21/94 CONSTRUCTION CLEANING 01595 - 2 Truman School Phase 1 Demolition SECTION 01600 MATERIAL AND EQUIPMENT 1.1 SUMMARY A. Section includes: 1. Products 2. Transportation and handling 3. Storage and protection 4. Security 1.2 PRODUCTS A. Products: means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. 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 too large to pass through finished openings. Contractor is to coordinate all deliveries so as not adversely impact traffic flow around the facility or the Owner's normal activities. EE2 C. Transport and handle products in accordance with manufacturer's instructions. is Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. to 11/21/94 MATERIAL AND EQUIPMENT 01600 - 1 Truman School Phase 1 Demolition D. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.4 STORAGE AND PROTECTION The Contractor shall be responsible for the proper storage of all materials, supplies, and equipment to be installed under this Contract. Materials stored on site but not adequately protected will not be included in estimates for payment. Except for materials stored within designated and approved storage sheds, vans, or trailers, the Contractor shall not bring onto nor store in any manner at the site any materials and equipment which will not be incorporated into the permanent Work within seven (7) days from the delivery date. The Contractor shall be responsible for arranging and paying for the use of property off the site for storage of materials and equipment as may be required. 1.5 SECURITY A. The Contractor shall be totally responsible for the security of his work, materials, equipment, supplies, tools, machinery, and construction equipment. ******END OF SECTION 01600****** 11/21/94 MATERIAL AND EQUIPMENT 01600 - 2 Truman School Phase 1 Demolition SECTION 01630 POST -BID SUBSTITUTIONS 1.1 SUMMARY A. Section includes: 1. Post -bid substitutions 1.2 SUBSTITUTIONS A. Base Bid shall be in accordance with the Contract Documents. B. After the end of the bidding period, substitution requests will be considered only in the case of: 1. Product unavailability 2. Other conditions beyond the control of the Contractor. C. Submit a separate request for each substitution. Support each request with the following information: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. 2) Reference standards. 3) Performance and test data. C. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. Effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of net change to Contract Sum. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources of replacement materials. 11/21/94 POST -BID SUBSTITUTIONS 01630 - 1 Truman School Phase 1 Demolition D. Substitutions will not be considered for acceptance when: 1. A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Bidder. 2. Acceptance will require substantial revision of Contract Documents. 3. In judgement of Architect the substitution request does not include adequate information necessary for a complete evaluation. 4. Requested directly by a subcontractor or supplier. E. Do not order or install substitute products without written acceptance of Architect/Engineer. F. Architect will determine acceptability of proposed substitutions. G. No verbal or written approvals other than by Change Order will be valid. 1.3 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution the Contractor represents that: 1. The proposed product has been investigated and it has been determined that it is equivalent to or superior in all respects to the product specified. 2. The same warranties or bonds will be provided for the substitute product as for the product specified. 3. Coordination and installation of the accepted substitution into the Work will be accomplished and changes as may be required for the Work to be complete will be accomplished. 4. Claims for additional costs caused by substitution which may subsequently become apparent will be waived by the Contractor. 5. Complete cost data is attached and includes related costs under the Contract, but not: a. Costs under separate contracts. b. Architect's costs for redesign or revision of Contract Documents. 1.4 POST -BID SUBSTITUTION FORM A. The form is attached to this section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with back-up data. 11/21/94 POST -BID SUBSTITUTIONS 01630 - 2 Truman School Phase 1 Demolition TO: Project Architect We hereby submit for your consideration the following product instead of the specified item for the above project: DRAWING NO. SPEC. SEC. SPEC. NAME Proposed Substitution: DRAWING NAME PARAGRAPH SPECIFIED ITEM Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: Signature Firm Address Title Telephone Date Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by the Architect: For use by the Owner: Recommended Recommended as noted Approved Not Recommended Received too late Not Approved Insufficient data received Approved as noted 25 Date m Date 11/21/94 POST -BID SUBSTITUTIONS 01630 - 3 Truman School Phase 1 Demolition 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 F. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: III 3 This substitution will amount to a credit or extra cost to the Owner of: dollars ($ ) Designation of maintenance services and sources: (Attach additional sheets if required.) ******END OF DOCUMENT 01630****** 11/21/94 POST -BID SUBSTITUTIONS 01630 - 4 Truman School Phase 1 Demolition SECTION 01650 STARTING OF SYSTEMS 1.1 SUMMARY A. Section includes: 1. Starting systems 2. Demonstration and instructions 3. Testing, adjusting, and balancing B. Related sections: 1. SECTION 01700 - CONTRACT CLOSEOUT 1.2 STARTING SYSTEMS A. Coordinate schedule for start-up of various equipment and systems. B. Notify the Construction Manager seven 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. A. When specified in individual Specification Sections, require manufacturer to provide authorized representative to be present at the Site to inspect, check and approve equipment or system installation prior to start-up, and to supervise placing equipment or system in operation. I. Submit a certified written report that equipment or system has been properly installed and is functioning correctly. ******END OF SECTION 01650****** 11/21/94 STARTING OF SYSTEMS 01650 - 1 Truman School Phase 1 Demolition 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 autnorized representative to demonstrate operation of equipment and systems, instruct the Owner's personnel and provide written report that demonstrations and instructions have been completed. B. The Owner will provide list of personnel to receive instructions, and will coordinate their attendance at agreed -upon times. 1.3 INSTRUCTION OF THE OWNER PERSONNEL A. Notify Construction Manager 7 days in advance of time established for Owner training. B. Two weeks prior to date of final inspection, instruct the Owner's designated personnel in operation, adjustment, and maintenance of products, equipment, and systems, at agreed upon times. Demonstrate start-up, operation, control, adjustment, maintenance, servicing, trouble -shooting and shutdown of each item of equipment at agreed -upon times, at designated location. C. The owner, at it's option, may video tape any training session, equipment start-up or other instructional requirement. D. For equipment requiring seasonal operation, perform instructions for other seasons within six months. E. Use operation and maintenance manuals as basis for instruction. Review contents of manual with personnel in detail to explain all aspects of operation and maintenance. F. Prepare and insert additional data in Operation and Maintenance Manual when need for such data becomes apparent during instruction. 11/21/94 SYSTEMS DEMONSTRATIONS 01670 - 1 Truman School Phase 1 Demolition 1.4 SUBMITTALS A. Submit preliminary schedule for the Owner's approval, listing times and date for demonstration of each item of equipment and each system, two weeks prior to proposed dates. B. Provide operating and maintenance manuals to owner (4) weeks prior to demonstrations. C. Submit reports within one week after completion of demonstrations, that demonstrations and instructions have been satisfactorily completed. Give time and date of each demonstration, and hours devoted to demonstration, with a list of persons present. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION 3.1 PREPARATION A. Verify equipment has been inspected and put into operation; testing, adjusting, and balancing has been performed; and equipment and systems are fully operational. B. Have copies of completed operation and maintenance manuals at hand for use in demonstrations and instructions. 3.2 TIME ALLOCATED FOR INSTRUCTIONS A. The amount of time required for instruction on each item of equipment and system is specified in individual Sections. ******END OF SECTION 01670****** 11/21/94 SYSTEMS DEMONSTRATIONS 01670 - 2 Truman School Phase 1 Demolition SECTION 01700 CONTRACT CLOSEOUT 1.1 SUMMARY A. Section includes: 1. Closeout procedures 2. Adjusting B. Related sections: 1. SECTION 01027 - APPLICATION FOR PAYMENT 2. SECTION 01650 - STARTING OF SYSTEMS 3. SECTION 01730 - OPERATION AND MAINTENANCE DATA 1.2 PROJECT TERMINATION A. The Contract requirements are met when construction activities have successfully produced, in this order, these three terminal activities: 1. Substantial Completion 2. Final Completion 3. Final Payment 1.3 SUBSTANTIAL COMPLETION A. Submit to the Construction Manager when the Work is substantially complete: 1. A written notice that the Work, or designated portion thereof, is substantially complete. 2. A list of items to be completed or corrected (Punch List). 3. Request Substantial Completion Observation at a mutually agreeable date. 4. Certifications of systems and testing/balancing final reports. 5. Submit evidence of compliance with requirements of governing authorities: a. Certificate of Occupancy b. Certificates of Inspection: 1) Elevators 2) Mechanical systems 3) Electrical systems 4) Kitchen equipment 5) Fire protection system 6) Security system 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. 11/21/94 CONTRACT CLOSEOUT 01700 - 1 Truman School Phase 1 Demolition 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 r'elLedy the deficiencies in the Work, and send a second written notice of substantial completion. 3. The Work will be re -observed. D. When the Work is considered substantially complete, the following will occur: 1. The Construction Manager will prepare a Certificate of Substantial Completion on AIA Form G704, accompanied by the Contractor's Punch List of items to be completed or corrected, as verified and amended. Contract responsibilities are not altered by inclusion or omission of required Work from the punch list. 2. The certificate will be executed by all parties and distribution made. E. Complete or correct and required by the limit established by 1.4 FINAL COMPLETION items identified on the punch list Contract requirements within time the certificate. 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. 0 When the Work is complete, the Contractor shall submit written certification that: 1. The Contract Documents 2. Work has been inspected Contract Documents. 3. Work has been completed Contract Documents. have been reviewed. for compliance with the in accordance with the 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. 5. Work is completed and ready for final observation. C. The Architect, the Construction Manager, the Contractor and the Owner will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. D. Should the Work be considered incomplete or defective: 1. The Construction Manager will promptly notify the Contractor in writing, listing the incomplete or defective work. 11/21/94 CONTRACT CLOSEOUT 01700 - 2 Truman School Phase 1 Demolition 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 requiremen—s of SECTION 08710 & 11196. D. Spare parts and maintenance materials: to requirements of individual sections. E. Evidence of payment and release of liens: to requirements of General and Supplementary Conditions. 1.6 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Architect. B. Statement shall reflect adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous Change Orders b. Allowances C. Unit Prices d. Deductions for uncorrected Work e. Penalties and bonuses f. Deductions for liquidated damages g. Deductions for reinspection payments h. Other adjustments 3. Total Contract Sum, as adjusted 4. Previous payments 5. Sum remaining due C. The Construction Manager will prepare a final Change Order, reflecting adjustments to the Contract Sum which were not previously made by Change Orders. 1.7 FINAL APPLICATION FOR PAYMENT A. The Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. ******END OF SECTION 01700 ****** 11/21/94 CONTRACT CLOSEOUT 01700 - 3 Truman School Phase 1 Demolition 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. i B. Use only those cleaning materials and methods recommended by manufacturer on the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3.1 DUST CONTROL A. Handle materials in a controlled manner with as little handling as possible. 3.2 FINAL CLEANING A. Employ skilled workmen for final cleaning. B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials form sight -exposed interior and exterior surfaces. C. Wash and shine glazing and mirrors. D. Polish glossy surfaces to a clear shine. E. Dust cabinetwork and remove markings. 11/21/94 FINAL CLEANING 01710 - 1 Truman School Phase 1 Demolition 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. O. Restore all adjoining areas to their original or specified condition. ******END OF SECTION 01710****** 11/21/94 FINAL CLEANING 01710 - 2 Truman School Phase 1 Demolition SECTION 01720 PROJECT RECORD DOCUMENTS 1.1 SUMMARY A. Section includes: 1. Maintain at the job site one a. b. c. d. e. f. 9. h. 1.2 GENERAL Record Contract Drawings Record Project Manual Coordination drawings Addenda Reviewed shop drawings Change Orders copy of: Other modifications to the Contract Field test records A. Store documents in cabinets in temporary field office, apart from documents used for construction. B. Maintain documents in clean, dry, legible condition. C. Do not use Project Record Documents for construction purposes. D. Make documents available for inspection by the Construction Manager, the Architect and the Owner. E. Failure to maintain documents up-to-date will be cause for withholding payments. F. Obtain from the Construction Manager (at no charge) two sets of the Contract Documents for Project Record Documents including: 1. Specifications with all addenda. 2. Two complete sets of blackline prints of all Drawings. 1.3 RECORDING A. Label each document "Project Record". B. Keep record documents current. C. Do not permanently conceal any work until required information has been recorded. D. Contract Drawings: 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to survey data. b. Horizontal and vertical location of underground utilities and appurtenances 11/21/94 PROJECT RECORD DOCUMENTS 02720 - 1 Truman School Phase 1 Demolition 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. Ot er items not originally specified. F. Conversion of schematic layouts: 1. Arrangement of conduits, circuits, piping, ducts and similar items are in most cases shown schematically on the Drawings. 2. Legibly mark to record actual construction: a. Dimensions accurate to within 1" on the centerline of items shown schematically. b. Identify each item, for example, "cast iron drain" "galvanized water". C. Identify location of each item, for example, "under slab", "in ceiling plenum", "exposed". 3. The Construction Manager may waive requirements of schematic layout conversion, when in his opinion, it serves no beneficial purpose. Do not, however, rely on waivers being issued except specifically issued by the Construction Manger in writing. 1.4 SUBMITTAL A. At completion of Project, deliver Project Record Documents to the Construction Manager prior to request for final payment. B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date 2. Project title and Architect's Project number 3. The Contractor's name and address 4. Title and number of each record document 5. Certification that each document as submitted is complete and accurate. 6. Signature of the Contractor, or his authorized representative. ******END OF SECTION 01720****** 11/21/94 PROJECT RECORD DOCUMENTS 01720 - 2 Truman School Phase 1 Demolition SECTION 01730 OPERATION AND MAINTENANCE DATA 1.1 SUMMARY A. Section includes: 1. Format and content of manuals ' 2. Schedule of submittals B. Related sections: 1. SECTION 01301 - SUBMITTALS 2. SECTION 01700 - CONTRACT CLOSEOUT 3. Individual Specifications Sections: specific requirements for operation and maintenance data. 1.2 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1.3 FORMAT A. Prepare data in the form of an instructional manual. B. Binders: commercial quality, 8-1/2" x 11" three-ring binders with hardback, cleanable, plastic covers; 1- 1/2" maximum ring size. When multiple binders are used, correlate data into related consistent groupings. C. Cover: identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of the Project and separate building; identify subject matter of contents. D. Arrange content by systems under Section numbers and sequence of Table of Contents of these Specifications. E. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. F. Text: manufacturer's printed data, or typewritten data on 20 pound paper. G. Drawings: provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. 11/21/94 OPERATION AND MAINTENANCE DATA 01730 - 1 Truman School Phase 1 Demolition 1.4 CONTENTS, EACH VOLUME A. Table of Contents: provide title of the Project; names, addresses, and telephone numbers of the Construction Manager, the Architect, consultants, and the Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For each product or system: list names, addresses and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product data: mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: supplement product data to illustrate relations of component parts of equipment and systems, to indicate control and flow diagrams. Do not use the Project Record Documents as maintenance drawings. E. Type text: as required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. F. Warranties and bonds: bind in copy of each. 1.5 MANUAL FOR MATERIALS AND FINISHES A. Building products, applied materials, and finishes: include product data, with catalog number, size, composition, and color and texture designations. Provide information for re -ordering custom manufactured products. B. Instructions for care and maintenance; include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture protection and weather exposed products: include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional requirements; as specified in individual product specification Sections. 11/21/94 OPERATION AND MAINTENANCE DATA 01730 - 2 Truman School Phase 1 Demolition 1.6 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each item of equipment and each system: include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. B. Panelboard circuit directories: provide electrical service characteristics, controls and communications. C. Include color coded wiring diagrams as installed. D. Operating procedures: include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut -down, and emergency instructions. Include summer, winter, and special operating instructions. E. Maintenance requirements: include routine procedures and guide for trouble -shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule, and list of lubricants required. G. Include manufacturer's printed operation and maintenance instructions. H. Include sequence of operation by controls manufacturer. I. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. K. Provide the Contractor's coordination drawings, with color coded piping diagrams as installed. L. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. M. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. N. Include test and balancing reports. 11/21/94 OPERATION AND MAINTENANCE DATA 01730 - 3 Truman School Phase 1 Demolition 1.7 0. 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. SUBMITTALS A. Submit two copies of operation and maintenance data for review by the Construction Manager and the Architect prior to Final Inspection. One copy will be returned with comments. B. Submit the required number of copies per each Specification Section or two copies each if not specified of approved data in final form within ten days after Final Inspection. C. For equipment or component parts of equipment put in service during construction and operated by the Owner, submit operation and maintenance data within ten days after acceptance. D. Submit two copies of approved revised volumes of data in final form within ten days after final inspection. ******END OF SECTION 01730****** 11/21/94 OPERATION AND MAINTENANCE DATA 0173U - 4 Truman School Phase 1 Demolition G.A. 93001.09 TRUMAN SCHOOL PHASE 1 DEMOLITION 11/94 SECTION 02060 - BUILDING DEMOLITION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section requires removal and disposal, off site, of the following: 1. Building structure, materials, contents, all utilities, appurtenances and trash. 1.3 SUBMITTALS A. General: Submit the following in accordance with Conditions of Contract and Division 1 Specification Sections. 1. Provide drawings detailing methods and sequence of demolition and removal operations. 2. Provide temporary shoring drawings and calculations signed and sealed by a Professional Engineer registered in the State of Florida for any temporary shoring proposed to be utilized in the performance of the work. 1.4 JOB CONDITIONS A. Occupancy: Structures to be demolished will be vacated and use discontinued prior to start of work. B. Condition of Structures: Owner assumes no responsibility for actual condition of structures to be demolished. 1. Conditions existing at time of inspection for bidding purpose will be maintained by Owner insofar as practicable. However, variations within structure may occur by Owner's removal of stored materials and salvage operations prior to start of demolition work. C. Salvaged Materials: Items of salvable value to Contractor may be removed from structure as work progresses. Transport salvaged items from site as they are removed. 1. Storage or sale of removed items will not be permitted on site. BUILDING DEMOLITION 02060-1 G.A. 93001.09 TRUMAN SCHOOL PHASE 1 DEMOLITION 11194 D. Explosives: Use of explosives will not be permitted. E. Protections: Ensure safe passage of persons around area of demolition. Conduct operations to prevent damage to adjacent buildings, structures, and other facilities and injury to persons. 1. Erect temporary covered passageways as required by authorities having jurisdiction. 2. Provide interior and exterior shoring, bracing, or support to prevent movement, settlement, or collapse of structures to be demolished and to prevent damage to adjacent facilities to remain. F. Damages: Promptly notify Architect if damages occur to adjacent facilities by demolition operations, for revi. , of condition and approval of repair procedures. G. Utility Services: Maintain existing utilities to remain in operation and protect against damage during demolition operations. Removed utilities to be cut, capped, plugged and/or terminated in accordance with requirements of building codes and local utility companies. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 DEMOLITION A. Pollution Controls: Use water sprinkling, temporary enclosures, and other suitable methods to limit dust and dirt rising and scattering in air. Comply with governing regulations pertaining to environmental protection. B. Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition operations. Return adjacent areas to condition existing prior to start of work. C. Building Demolition: Demolish buildings completely and remove from site. such methods as required to complete work within limitations of governing regulations. D. Provide weatherproof closures for exterior openings resulting from demolition work. E. Below -Grade Construction: Completely demolish foundation walls, footings, and other below -grade construction, including concrete slabs, and remove from site. BUILDING DEMOLITION 02060-2 G.A. 93001.09 TRUMAN SCHOOL PHASE 1 DEMOLITION 11/94 F. Filling Excavations and Voids: Completely backfill as detailed below all excavations, areas and voids in the site grades resulting from demolition of structures as determined by the Architect. Match existing grades and provide site drainage to the satisfaction of the Architect. 1. Use satisfactory soil materials as defined in ASTM D 2487, consisting of stone, gravel, and sand, free from debris, trash, roots, and other organic matter. 2. Prior to placement of fill materials, ensure that areas to be filled are free of standing water, trash, and debris. 3. Place fill materials in horizontal layers not exceeding 6 inches in loose depth. Compact each layer at optimum moisture content of fill material to a density equal to original adjacent ground, but not less than 90 percent density when tested in accordance with ASTM D 1556, unless subsequent excavation for new work is required. 4. After fill placement and compaction, grade surface to meet adjacent contours and to provide flow to surface drainage structures. 3.2 SALVAGED MATERIALS A. General: Remove carefully to avoid damages. Materials for reuse on this project (if any) are to be incorporated into new work as indicated. 1. Except for items indicated to be retained as Owner's property, other removed and salvaged materials not indicated for reuse shall become Contractor's property and removed from site with further disposition at Contractor's option. 3.3 DISPOSAL OF DEMOLISHED MATERIALS A. General: Remove weekly from site accumulated debris, rubbish, and other materials resulting from demolition operations. 1. Burning of combustible materials from demolished structures will not be permitted on site. B. Removal: Transport materials removed from demolished structures and legally dispose off site. END OF SECTION 02060 BUILDING DEMOLITION 02060-3 G.A. 93001.09 TRUMAN SCHOOL PHASE 1 DEMOLITION 11/94 SECTION 02110 - SITE CLEARING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Protection of existing trees. 2. Removal of trees and other vegetation. 3. Clearing and grubbing. 4. Removing above -grade improvements. 5. Removing below -grade improvements. 1.3 PROJECT CONDITIONS A. Protection of Existing Improvements: Provide protection necessary to prevent damage to existing improvements indicated to remain in place. 1. Protect improvements on adjoining properties and on Owner's property. 2. Restore damaged improvements to their original condition, as acceptable to property owners. Promptly notify Architect for review of condition and approval of repair procedures. B. Protection of Existing Trees and Vegetation: Protect existing trees and other vegetation indicated to remain in place, against unnecessary cutting, breaking or skinning of roots, skinning or bruising of bark, smothering of trees by stockpiling construction materials or excavated materials within drip line, excess foot or vehicular traffic, or parking of vehicles within drip line. Provide temporary guards to protect trees and vegetation to be left standing. 1. Provide protection for roots over 1-1/2 inch diameter that are cut during construction operations. Coat cut faces with an emulsified asphalt, or other acceptable coating, formulated for use on damaged plant tissues. Temporarily cover exposed roots with wet burlap to prevent roots from drying out; cover with earth as soon as possible. SITE CLEARING 02110-1 G.A. 93001.09 TRUMAN SCHOOL PHASE 1 DEMOLITION 11/94 2. Repair or replace trees and vegetation indicated to remain which are damaged by construction operations, in a manner acceptable to Architect. Employ a licensed arborist to repair damages to trees and shrubs. 3. Replace trees which cannot be repaired and restored to full -growth status, as determined by arborist. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 SITE CLEARING A. General: Remove trees, shrubs, and other vegetation, improvements, or obstructions as indicated on the drawings. "Removal' includes digging out and off -site disposing of stumps and roots. 1. Cut minor roots and branches of trees indicated to remain in a clean and careful manner, where such roots and branches obstruct removal of required items. B. Clearing and Grubbing: Clear site of trees, shrubs and other vegetation, except for those indicated to be left standing. 1. Completely remove stumps, roots, and other debris protruding through ground surface. 2. Use only hand methods for grubbing inside drip line of trees indicated to remain. 3. Fill depressions caused by clearing and grubbing operations as described in Section 02060 for excavations and voids. a. Place fill material in horizontal layers not exceeding 6 inches loose depth, and thoroughly compact to a density equal to adjacent original ground. b. Grade ground surface to conform to existing contours and to provide surface drainage. C. Removal of Improvements: Remove existing above -grade and below -grade improvements as indicated. These existing improvements include but are not limited to concrete walks and asphalt paving. SITE CLEARING 02110-2 G.A. 93001.09 TRUMAN SCHOOL PHASE 1 DEMOLITION 11/94 3.2 DISPOSAL OF WASTE MATERIALS A. Burning on Owner's Property: Burning is not permitted on Owner's property. B. Removal from Owner's Property: Remove waste materials and excess soil from Owner's property and legally dispose off site. END OF SECTION 02110 SITE CLEARING 02110-3