The URL can be used to link to this page

Res No 017-02-11366RESOLUTION 17-02-11366 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE ADMINISTRATION TO EXECUTE AN AGREEMENT WITH DOOLEY & MACK CONSTRUCTORS, INC TO CONSTRUCT THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER FOR A GUARANTEED MAXIMUM PRICE OF $3,000,000 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission desires to retain a qualified Contractor to construct the City of South Mi~ Multipurpose Center in Murray Park and WHEREAS, having gone through a competitive selection process the City retained Dooley & Mack Construction Corporation pursuant to Florida Statute 287.055 as a Construction Manager @ Risk, and WHEREAS, the City, the Architects and the Construction Manager successfully negotiated a Guaranteed Maximum Price, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Commission authorizes the City Administration to execute a Construction Contract with Dooley & Mack Constructors, Inc. for a Guaranteed Maximum Price of $3,000,000. Section 2: That the funding for the project is provided for through Safe Neighborhood Program and associated City matching fund; and Florida Recreation Development Assistance Program. Section 3: That the executed Construction Contract is made a part of this resolution. Section 3: That the resolution is effective immediately. PASSED AND ADOPTED this 5 th day of February ,2002. ATTEST: ~)J+ CIYCLERK APPROVED: =-<u"'f~ MAYOR Commission Vote: READ AND APPROVED AS TO FORM: Mayor Robaina: £/b&JkA- CITY ATTORNEY I Vice Mayor FeIiu: Commissioner Russell: Commissioner Bethel: 5-0 Yea Yea Yea Yea Commissioner Wiscombe: Yea J CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Mayor and City Commission Date: February 1, 2002 Agenda Item # _ ....... , __ _ Comm Mtg. 02-05-02 From: Charles D. Scurr J'j.A City Manager ; CP"'-Re: Authorization to execute a contract with Dooley & Mack Constructors, Inc. for the Multipurpose Center at Murray Park REOUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE ADMINISTRATION TO EXECUTE AN AGREEMENT WITH DOOLEY & MACK CONSTRUCTORS, INC TO CONSTRUCT THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER FOR A GUARANTEED MAXIMUM PRICE OF $3,000,000 AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: In June 2001, the City Commission authorized the administration to retain the services of Dooley & Mack Constructors, Inc. as a Construction Manager @ Risk for the Multipurpose Center at Murray Park. The agreement with Dooley & Mack Constructors required them to work with the architect/engineers and the City through the design phase to conduct constructibility review and provide value engineering to keep the project within the allocated budget. The Administration, the Architects and the Construction Manager have successfully completed the negotiation for a Guaranteed Maximum Price of $3,000,000 to construct the Multipurpose Center at Murray Park. The sources for funding the project are the Safe Neighborhood Program $1,720,116; Florida Recreation Development Assistance Program $200,000 and City's match of $1,319,284. This contract primarily includes the building and the on site utility work. It should be noted that a separate contract, funded through Miami Dade Office of Economic Development Department, will be let out for the parking lot, landscaping, vv'atermain extension and the entrance feature with traffic calming for 58th Place as a companion project. RECOMMENDATION: It is recommended that the City Commission authorize the City Administration to execute an agreement with Dooley & Mack Constructor, Inc. for construction of Multipurpose Center at Murray Park. Attachments: Proposed resolution. Guaranteed Maximum Price. Thursday, January 31, 2002 Mr. Subrata Basu City of South Miami 6130 Sunset Drive South Miami, FL 33143 :. DOOlEY& MACK CONSTRIJCTORS, INC. RE: Murray Park Multipurpose Center -Phase II Project No. E7948 -Guaranteed Maximum Price Dear Subrata: We have revised our Guaranteed Maximum Price for the Murray Park Multipurpose Center -Phase II. The total price is now $3,000,000.00 with the following notations: A) Landscaping is to be done by others. B) Monument sign has been deleted. C) The owner will provide temporary electric service and pay usage costs. D) Paving, base, curbing, wheelstops, site signs, markings and offsite utilities will be done by others under a separate contract with the owner. E) Sunscreens on the south elevation will be per revised drawings dated 1/16/02. F) Mechanical screens on the east and west elevations have been replaced by an extended parapet. G) Contract is based on using an alternate roofing system by GAF Materials Corporation that has been submitted to the architect for approval. H) Interior storefronts will be in hollow metal frames instead of aluminum. I) Skim coat plaster on interior partitions is included in room's number 107, 122, 123 and 124 only, other scheduled rooms are to have a standard drywall finish. J) 1 SI floor bathrooms will have ceramic tile floors. K) 2nd floor lobby and fitness area will be c.arpeted. L) Cementitious Terrazzo is included in the 1 sl Floor Lobby and Lobby Stairs only. All ether areas scheduled to have Terrazzo or carpet will have vinyl tile. M) TV Brackets and residential appliances will be provided by others. N) Gym Divider Curtain and Volleyh?!1 F!111irment have heen deleted. Electrical rough in for curtain and scoreboard will be provided as indicated. 0) Floor mats at east and west Gym exits have been deleted. P) Gymnasium sound system has been deleted. Rough-in electrical provisions for future -installation will be provided. Q) Exterior up lights and the new panel for site lighting will be provided as detail?d on the 1 00% Construction Documents Dated 1116/02. R) Bell South relocation charges will be paid by others. FL CGCA01063 11971 NW. 37th Street Coral Springs, Florida 33065 (954) 345-8288 Fax (954) 345-9041 1 SARASOTA, FLORIDA * FT LAUDERDALE * NASHVILLE, TENNESSEE * ATLANTA, GEORGIA * DALLAS, TEXAS Included herewith please fmd a copy of the Estimate Summary Report. With the above exceptions all items in our GMP Proposal of 1116/02 remain in effect. Should you have any questions or comments, please do not hesitate to call. Sincerely, :i~K CONSTRUCTORS, INC. Kim Swetich Chief Estimator cc: Michael Butler Geoff McCorkle Javier Torres File 2 ESTIMATE SUMMARY WORKSHEET DOOley & Mack Constructors, Inc. t i 1 Projec,t: Murray Park Multi~ul'pose Center· Phase 2 BID NO: :E7048 22,574 SF ! Date: 1/16102 1131102 I ' 1 I I Contractors NO. I DIV. iDESCRIPTION ! I Estimate BID Subs/Notes RE·BID Notes 1 i 01000 ~ GENERAL REQUIREMENTS i J ! I I I GENERAL CONDITIONS I ~ I i 290,863 I 378,012 D&M 290,863 Reduce Burden, Temp ! , I i t ! Elect & Security excluded , ! i i i j 2 : 02000 DIVIJllON TWO-5ITEWORK i , I i i :DEMOLmON ., , 10,350 29,537 Redland I 29,537 I 'EARTHWORK ., i 28,230 34,313 Redland , 34,313 , I !STORM DRAINAGE. ., 29,100 36,579 Redland 36,579 i ; · SANITARY SYSTEMS I ., 3,825 3,825 D&M , 3,8251 ; DOMESTIC WATER ! ., 5,000 i in fire water 1 FIREWATER , ., 63,955 : 68,477 Redland , 68,477 ' PAVING ., 73,730 : I I 'By others , 02821 FENCING I ., 1 i I ,02900 LANDSCAPING & IRRIGATION ., 56,580 i 51,847 ConcolWaterbov , 15,200 ilrrigation Only , ! I TERMITE TREATMENT ! ., 2,215 ! 3,000 3,000 ! I 'SIDEWALKS i ., ! 17,9831 4,000 i 4,000 I ! . MONUMENT SIGN I ., 5,000 ! 5,000 ideleted i ! i , I ! , i : 3 I 03000 . DIVISION THREEoCONCRETE I , ; I ! I CAST IN PLACE CONCRETE ; ., 463,721 526,438 Buildtec ; 543,238 ; Increase parapet ! • PRECAST JOISTS & SOFFIT BEAMS ., , 29,321 ' 43,645 SPI 43,645 : I I · LIGHT WEIGHT CONCRETE .-; 10,200 I .in roof , i i : , , i I I i i i I , 4 : • DIVISION FOUR-MASONRY I I I I I I . 04200 MASONRY i ., 145,569 : in cone i , j , I. i I I i 5 i 05000 DIVISION FIVE-METALS i ! ; 105120 STEEL I ., 76,261 360,634 ISteel Fab ! 193,978 iDelete Mech. Screens I .MISC METALS I ., 6,313 lin steel , , I I I , , I , 1. _____ ._ .;.. __ I I 6 ! 06000 'DIVISION SIX·WOOD & PLASTIC i I I _. __ -__ 0' i ROUGH CARPENTRY I ., 10,748 ! 10,748 . ; 10,748 : I : CUSTOM CABINETS I ., 38,515 38,515 Cayman 38,515 l ! 1 ! 7 DIVISION 7·THERM. & MOIST.PROT. ' ! , ; 07511 WATERPROOFIDAMPPROOF I " 1,250 1,250 ! 1,250 i BUILT·UP ROOF i '" 143,270 I 98,804 GRI : 82,360 iAlternate GAF System. _. ! JOINT SEALANTS I '" 3,452 3,452 i 3,452 I i INSULATION '" 7,293 7,677 ! 7,6771 , , i I I I 8 ,DIVISION EIGHT -DOORS & WlNDOWS-i ! 08110 'HOLLOW METAL , '" 9,535 28,210 'Firedoor , 28,210, i 08210 WOOD DOORS '" 5,664, inHM ! ! 08710 FINISH HARDWARE I '" 16,557 inHM ! i i : LABOR TO INSTALL DOORSI HARDWA '" 7,000 ! 7,000 ! I 08310 ACCESS DOORS ! ., : , 963 963 i 963 : i 08333; SPECIAL DOORS ., 2,500 2,452 American 2,452 I ! 08400 ,GLASS & GLAZE i ., 139,202 159,863 R.L._ Conce~ts , 150,063 'HM Interior storefront I ! ! i I --, I ! I i : 9 ! 09000 DIVISION NINE·FINISHES , : i -____ .. 1 ______ ---.-------. I 89.450 I Technoloa:t Contractors : ._.- : 09200: STUCCO ., 7~.·: ~." 66,030 I Delete skirn !:~a_~ _ _ _ ... ._----_. --.---. ----.- 109250 DRYWALL : . 71,::'.::":, 78,074 RJB i 78,074 ! i 09310 'HARD TILE ! ., 29,704 29,704 Mike Design I 34,504 ,Add 1st FI Baths - 1.09650 'WOOD FLOORING ., , 59,063 50,243 Trident ! 50,243 1 09511 ACOUSTICAL ., : 3,494 8,000 Acousii I 8,000 i i j i I I Vinyl tile In lieu of Terrazzo I I I 09650 ,RESILIENT ., : 2.194 in carpet I 9,360 & Carpet ; 09705 . TERRAZZO , ., 69,738 109,113 Klassic I<oatings 24,626 I Lobby & Stairs only I 09680 'CARPET I ., 14,938 12,548 Gemini j 6,818 12nd FI Lobb}' & Fitness i 09900 PAINTING I 45,574 Color Magie : 45,5741 ! ., 57,048 ; i I i I ! , ; 10 i 10000: Dly'!SION TEN-5PECIAL TIES ! ; i i : 10100 VISUAL DISPLAY BOARDS , ., 461 461 D&M i 461 I , 10165 TOILET PARTITIONS i ., 6,000 10,050 Mardale 10,050 ,Solid Phenolic 10522 FIRE EXTINGUISHER W/CABINETS : ., 6,152 6,152 D&M ; 6,152 1 10400' SIGNAGE , ., 2,000 I 2,000 Allowance I 2,000 i -- 10505 METAL LOCKERS I '" 7,490 3,645 Mardale I 3,645 ! 10675 METAL STORAGE SHELVING I ., ! , , ESTIMATE SUMMARY WORKSHEET Dooley & Mack Constructors, Inc. i ,I Project: Murray Park Multipurpose Center· Phase 2 BID N'O: I E7048 I I I 22,574 SF I I Date: I I I 1/16/02 1/31/02 iDlY. iDESCRIPTION I I I Contractors I , NO. I I Estimate BID Subs/Notes , RE-BID Notes ··110810 :TOILET ACCESSORIES I ... I I 10,754 I 4,925 Mardale i 4,925 ! ! , i I i I I I I , I I i I 11 ! 11000: DIVISION ELEVEN -EQUIPMENT I I ! I I 111135! TV BRACKETS I ... i I 626 826 D&M By owner : 11450' RESIDENTIAL APPLIANCES I ... 1 1,155 I 1,155 D&M I B.,Yowner I i , ! I I I I Delete Curtain & Volleyball : " I , 39,400 \Misseo i : 11480; ATHLETIc/REC EQUIPMENT , 24,447 I ! 26,450 Equip, ! , i I , I I I I , I i I ! I I 12 i 12000, DIVISION TWELVE-FURNITURE -1 i I I , , 121 00 : FLOOR MATS I ... 5.046 i 3,950 GC Building Products i 1,300 i 1 only , : WINDOW TREATMENT , ... , I ! i ! : 12664 TELESCOPING BLEACHERS i ... 24.948 ; 26,500 IMissco i 26,500, : , I I i 13 ! ,DIVISION THIRTEEN -SPEC.CONST. I , : 1 , ,NIA i ... I i i 1 , 1 i i I : I i 14 . : DIVISION 14 -CONVEYING SYSTEMS I ! I i I i 14000 , CONVEYING SYSTEMS ! ... ; 34,000 i 32,079 ISchindler ! 32,079 : : i , ; 15 : . DIVISION FIFTEEN-MECHANICAL I I i 15300 FIRE PROTECTION I ... 29,921 31,465 Arfran , 28,465 VE ! 15400. PLUMBING I ... 80,556 84,565 Horizon I 79,565 VE : 15500 MECHANICAL ! ... 299,206 322,386 IWeathertrol i 307,3861VE I I I 1 ! 1 : , ! , , 1 I ! 16 i i DIVISION 16 -ELECTRICAL i , : I 116000 ! ELECTRICAL I I ! I~E, Delete Gymnasium ... 295,088 253,666 Handsel 228,769 'Sound System i 'FPL RELOCATE i ... 10.000 By others I ; BELL SOUTH RELOCATE ! ... 27,431 ! 27,431 I Allowance ! iByowner .-, _I ____ . ____ . I ... I I -! I •.. ._-_ . I I : 'SUB-TOTAL i , 2,949,267 I 3,177,603 i 2,680,321 I i 'FINAL CUTS ! I I I I ,TESTING FOR CONSTRUCTION I , ! 0.5000% 16.164 I 13,402 I I ' CONTINGENCY I I 6.00%1 193.968 I I 75.646 12.82% :ADJUSTED SUB-TOTAL j 1 3,387,735 l I 2,769,369 1 I i GENERAL LIABILITY INSUR. i 0.2250%1 7,622 I i 6,231 : , O.C.P. INSURANCE , I 1 1 'COUNTY BUILDING PERMIT I ! 0,0600%1 2,033 I I 1,662 ! I : WARRANTY I I I ! I ! [BUILDER'S RISK I 9 I rna ! 0.3500%1 8,893. 1 9,693 i 'SUB-TOTAL : i 3,406,283 I , 2,786,955 i , 'PROFIT: i , 8.00%1 276,943 I 195,087 17.00% I ; SUB-TOTAL i i 3,683.226 ' I 2,982,042 I i DOOLEY & MACK BOND ! : , 1 21,818 17,958 I I 'TOTAL BID I I 3705043 , I 3000 000 1 , PROJECT MANUAL VOLUME I OF III Divisions 0 • 1 Bidding Requirements, Contract Forms & Conditions of the Contract CITY OF SOUTH MIAMI "City of Pleasant Living" City of South Miami Commission Julio Robaina -Mayor City of South Miami Administration Charies D, Scurr -City Manager Earl Gallop -City Attorney Ronetta Taylor -City C!erk Subrata 8asu -Assistant City Manager Ana Garcia -Parks & Recreation Director Gregory Oravec -Community Redevelopment Agency Director Ajibola 8alogun -Director of Engineering & Construction Rudy De La Torre -Building Super!rltendent Horace G. Feliu -Vice-Mayor Mary Scott Russell -Commissioner . David D. Bethel-Commissioner Randy G, Wiscombe -Commissioner MULTIPURPOSE CENTER PHASE 2 At Murray Park 100% Construction Documents February 8th, 2002 Prepared by M,e, Harry & Associates Architecture -Engineering -Planning SECTION 00010 TABLE OF CONTENTS INTRODUCTORY INFORMATION, BIDDING AND CONTRACTING REQUIREMENTS 00010 TABLE OF CONTENTS I .............. '" .................... 5 00300 INFORMATION AVAILABLE TO BIDDERS I '" .................... 1 00500 AGREEMENT I ............................................ 1 00700 GENERAL CONDITIONS I .................................... 1 00800 SUPPLEMENTARY CONDITIONS I .............................. 5 DIVISION 1 • GENERAL REQUIREMENTS 01100 SUMMARY t .............................................. 2 01200 PRICE AND PAYMENT PROCEDURES I ......................... 3 01210 ALLOWANCES I ........................................... 2 01300 ADMINISTRATIVE REQUIREMENTS I ........................... 5 01325 CONSTRUCTION PROGRESS SCHEDULE I ...................... 4 01400 QUALITY REQUIREMENTS I .................................. 5 01500 TEMPORARY FACILITIES AND CONTROLS I ...................... 3 01510 TEMPORARY UTILITIES I ..................................... 2 01525 FIELD OFFICE I .......................................... 2 01550 VEHICULAR ACCESS AND PARKING I .......................... 3 01585 PROJECT SIGNS I ......................................... 2 01600 PRODUCT REQUIREMENTS I ................................. 3 01700 EXECUTION REQUIREMENTS I ................................ 8 01780 CLOSEOUT SUBMITTALS I ........... '" ..................... 4 DIVISION 2 • SITE CONSTRUCTION 02060 DEMOLITION, REMOVALS AND RELOCATION I ............ " ...... 3 02200 EARTHWORK ................. 7 02215 EXCAVATION AND BACKFILL FOR UTILITIES AND ................. 7 STRUCTURES 02221 EXCAVATING, BACKFILLING, AND COMPACTION .................. 5 FOR UTILITIES 02511 ASPHALTIC CONCRETE PAVING .................. 3 02513 PORTLAND CEMENT CONCRETE PAVING .................. 3 02529 CONCRETE SIDEWALKS AND STRAIGHT CURBS .................. 2 02580 PAVEMENT MARKING AND POST SIGNS .................. 4 02660 WATER DISTRIBUTION .................. 8 02720 STORM DRAINAGE SYSTEM .................. 4 02731 SANITARY SEWAGE SYSTEM .................. 4 02810 IRRIGATION .................. 9 02821 CHAIN LINK FENCES AND GATES .................. 3 02840 TRAFFIC SIGNAGE .......... " ...... 2 02900 PLANTING .................. 19 MP/ MULTIPURPOSE CENTER PHASE 2 00010-1 TABLE OF CONTENTS DIVISION 3 • CONCRETE 03100 CONCRETE FORMWORK ......................... '" ...... 5 03200 CONCRETE REINFORCEMENT .................................. 6 03300 CAST-IN-PLACE CONCRETE .................................. 12 03356 CONCRETE FLOOR FINISHING .................................. 4 03415 COMPOSITE CAST-IN-PLACE .................................. 7 PRECAST CONCRETE DIVISION 4· MASONRY 04220 CONCRETE UNIT MASONRY I· ............................. 11 04222 ARCHITECTURAL CONCRETE UNIT MASONRY · .................... 11 04230 REINFORCED UNIT MASONRY · .................... 5 04812 GLASS UNIT MASONRY · .................... 3 DIVISION 5· METALS 05120 STRUCTURAL STEEL ...................... , ................. 11 05210 STEEL JOISTS ........................................ 5 05310 STEEL DECK ........................................ 4 05500 METAL FABRICATIONS .. , ................................. 10 05511 METAL STAIRS I ........................................... 5 05515 FIXED LADDERS 1 .................. , .................. 3 05520 HANDRAILS AND RAILINGS 1 ..................................... 5 05522 TEMPERED GLASS RAILING ASSEMBLIES I ...................... 2 DIVISION 6 • WOOD AND PLASTICS 06100 ROUGH CARPENTRY 1 ...................................... 4 06410 CUSTOM CABINETS AND CASEWORK 1 ...... , .................. 6 DIVISION 7· THERMAL AND MOISTURE PROTECTION 07140 FLUID-APPLIED WATERPROOFING I ........... , ............... 4 07170 BENTONITE WATERPROOFING '" .......................... , 4 07191 CLEAR WATER REPELLENT SEALERS I ........................ 5 07212 BOARD AND BATT INSULATION ..... , ..... , .................. 4 07214 FOAMED-IN-PLACE MASONRY I ........... , ................. , 3 INSULATION 07525 FLUID APPLIED ROOF COATINGS 1 ............................ 4 07550 MODIFIED BITUMINOUS MEMBRANE ROOFING 1 ... '" ............ 9 07623 SHEET METAL FLASHING AND TRIM I .......................... 6 07713 MANUFACTURED STAINLESS STEEL ROOF SPECIALTIES I .......... 5 MP/ MULTIPURPOSE CENTER PHASE 2 00010-2 TABLE OF CONTENTS 07721 PREFABRICATED ROOF CURBS ......... , ................... 3 07724 ROOF HATCHES I .. . , ............................... 2 07840 FIRESTOPPING I ........................................... 10 07900 JOINT SEALERS I .......................................... 7 DIVISION 8 -DOORS AND WINDOWS 08110 STEEL DOORS AND FRAMES I ................................. 5 08211 FLUSH WOOD DOORS I ....... ,', ............................ 4 08305 ACCESS DOORS AND PANELS I ............................... 4 08331 OVERHEAD COILING DOORS I ................................ 3 08520 ALUMINUM WINDOWS ................................ 5 08710 DOOR HARDWARE SCHEDULE .. ,' ............................. 4 08800 GLAZING ............................. 9 08830 MIRRORS I .......................... , ... 2 08910 METAL-FRAMED CURTAIN WALL I .............................. 8 DIVISION 9 -FINISHES 09111 NON-LOAD BEARING METAL FRAMING I ........................... 5 09206 METAL LATH I ....................................... , ......... 4 09215 GYPSUM VENEER PLASTER I ................................ 3 09220 PORTLAND CEMENT PLASTER I .............................. 3 09260 GYPSUM BOARD ASSEMBLIES I .............................. 6 09300 TILE I ................................................... 10 09410 PORTLAND CEMENT TERRAZZO ................................ 4 09510 SUSPENDED ACOUSTICAL CEILINGS I ......................... 5 09642 HARDWOOD FLOORING I .................................... 5 09650 RESILIENT BASE AND MOLDINGS I ............................ 6 09680 CARPET I ................................................. 7 09900 PAINTS AND COATINGS I .................................... 14 DIVISION 10 -SPECIALTIES 10100 VISUAL DISPLAY BOARDS I ..................................... 3 10171 SOLID PLASTIC TOILET COMPARTMENTS I . . . . . ....... ............ 4 10200 FIXED EXTRUDED ALUMINUM LOUVERS I ....................... 5 10445 DOOR AND ROOM SIGNS I .. ... .... ... ......................... 6 10500 LOCKERS I ............................................... 3 10522 FIRE EXTINGUISHERS, CABINETS AND ACCESSORIES I .............. 6 10705 EXTERIOR SUN CONTROL DEVICES I .............. 5 10800 TOILET ACCESSORIES J ............... " ..................... 6 DIVISION 11 -EQUIPMENT MP/ MULTIPURPOSE CENTER PHASE 2 00010-3 TABLE OF CONTENTS 11481 GYMNASIUM EQUIPMENT -' ............... '" .................... 11 DIVISION 12 -FURNISHINGS 12486 FLOOR MATS I ........ , .................... 2 12760 GYMNASIUM BLEACHERS I ............................. 5 DIVISION 14 -CONVEYING SYSTEMS 14201 PASSENGER ELEVATORS I .................................. 11 DIVISION 15 -MECHANICAL 15010 GENERAL MECHANICAL PROVISIONS .......................... 3 15047 IDENTIFICATION .......................... 3 15051 MECHANICAL SUPPORT DEVICES ...................... " .. 2 15090 SUPPORTS, ANCHORS AND SEALS .......................... 3 15180 MECHANICAL SYSTEMS INSULATION .......................... 8 15240 VIBRATION ISOLATION .......................... 3 15300 FIRE PROTECTION '" ...................... , 11 15410 PIPING (PLUMBING) .......................... 7 15421 DRAINS AND CLEANOUTS '.' ....................... 4 15430 VALVES, COCKS AND FAUCETS .......................... 4 (PLUMBING) 15435 PIPING SPECIAL TIES (PLUMBING) ... '" .................... 6 15440 PLUMBING FIXTURES, TRIM AND " . '" .................... 5 SUPPORTS 15458 WATER HEATER '" , ...................... 4 15770 ROOF MOUNTED SINGLE PACKAGED .. , '" .................... 3 AIR-CONDITIONING UNITS 15861 AIR MOVING EQUIPMENT .......................... 2 15885 AIR FILTRATION EQUIPMENT .......................... 2 15890 DUCTWORK '" '" .................... 6 15900 CONTROLS AND INSTRUMENTATION " ....................... , 2 15910 DUCT ACCESSORIES " . '" ." ............... '" . 3 15940 OUTLETS (HVAC) .......................... 3 15991 TESTING, ADJUSTING AND BALANCING " ........................ 8 DIVISION 16 -ELECTRICAL 16100 BASIC MATERIALS AND METHODS .......................... 2 16112 RACEWAYS AND CONDUITS " ...... '" ............... 14 16120 WIRE AND CABLE .. , '" ...... '" ........... 5 MP/ MULTIPURPOSE CENTER PHASE 2 00010-4 TABLE OF CONTENTS 16131 OUTLET, PULL AND JUNCTION BOXES .......................... 6 16140 WIRING DEVICES .......................... 3 16142 ELECTRICAL CONNECTIONS FOR .......................... 5 EQUIPMENT 16160 TERMINAL CABINETS .......................... 2 16195 ELECTRICAL IDENTIFICATION ......................... , 4 16402 ELECTRICAL SITE UTILITIES ..... " ................... 4 16430 METERING .......................... 1 16440 DISCONNECT SWITCHES ..... " ................... 2 16450 GROUNDING .................. , ....... 3 16470 PANELBOARDS ......... , .. '" ........... 4 16475 OVERCURRENT PROTECTIVE DEVICES .. t·· " ................... 4 16511 LIGHTING FIXTURES AND LAMPS •• I ••••••••••••••••••••••• 6 16530 EXTERIOR LIGHTING ..... " ................... 3 16650 TEMPORARY WIRING SYSTEM .......................... 2 16720 INTRUSION DETECTION SYSTEM .......................... 5 16721 FIRE ALARM DETECTION .......................... 12 END OF SECTION MP/ MULTIPURPOSE CENTER PHASE 2 00010-5 TABLE OF CONTENTS (THIS PAGE LEFT INTENTIONALLY BLANK) SECTION 00300 INFORMATION AVAILABLE TO BIDDERS EXISTING REPORTS AND SURVEYS 1.01 SUBSURFACE INVESTIGATION REPORT A. A copy of a geotechnical report with respect to the building site is available for viewing: 1. Title: Geotechnical Exploration and Evaluation Report 2. Date: April 20, 2001. 3. Prepared by: Intercounty Laboratories, Inc. 305-651-8483 4. View at the office of Architect. B. A copy of a Percolation and Double Ring Infiltration Test report with respect to the building site is available for viewing: 1. Title: Percolation Tests and Double Ring Infiltration Tests 2. Date: April 17, 2001. 3. Prepared by: Intercounty Laboratories, Inc. 305-651-8483 4. View at the office of Architect. C. The recommendations described shall not be construed as a requirement of this Contract, unless specifically referenced in the Contract Documents. D. This report, by its nature, cannot reveal all conditions that exist on the site. Should subsurface conditions be found to vary substantially from this report, changes in the design and construction of foundations will be made, with resulting credits or expenditures to the Contract Price accruing to Owner. 1.02 BOUNDARY SURVEY A. A copy of the boundary survey with respect to the project site is included in the Construction Documents. END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 00300 -1 INFORMATION AVAILABLE TO BIDDERS (THIS PAGE LEFT INTENTIONALLY BLANK) SECTION 00500 AGREEMENT FORM OF AGREEMENT 1.01 The documents entitled "City of South Miami Multipurpose Center Phase 2- Construction Management Services Agreemenf', and "Amendment to the Construction Management Services Agreement" with exhibits attached, form the basis of Contract between the Owner and Contractor. END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 00300 -1 AGREEMENT (THIS PAGE LEFT INTENTIONALLY BLANK) City of South Miami MUltipurpose Center Phase 2 Amendment to Construction Manager Services Agreement July 200 I Page I of 1 Amendment to the Construction Management Services Agreement Between The City of South Miami and Dooley & Mack Constructors, Inc. Dated July 24, 2007. This amendment modifies the Construction Management Services Agreement Between The City of South Miami and Dooley & Mack Constructors, Inc. Dated July 24,2001. Where a portion of this agreement is modified by this amendment, the unaltered portions shall remain in effect. The fOllowing changes are made to the agreement dated July 24,2001 between The City of South Miami and Dooley and Mack Constructors, Inc. for construction of The City of South Miami Multipurpose Center Phase 2: Guaranteed Maximum price for the construction phase of the Murray Park Multipurpos~ Center is established at $3,000,000.00. Work will be performed inaccordance with the contract documents and the attached exhibits A through D. IN WITNESS WHEREOF, this amendment is accepted on the date first written above, subject to the terms and conditions set forth herein. Authority of Resolution No. 17 .. 02 "'lI3(P~ Duly passed and adopted by the South Miami City Commission on February 5, 2002 CITY OF SOUTH MIAMI ~w~~ Charles D. Scurr, City Manager (Printed name and title) DOOLEY & MACK CONSTRUCTORS, INC. Michael Bruner, Vice President/Division Manager (Printed name and title) City of South Miami Multipurpose Center Phase 2 Am<:ndmcntto Construction Manager Services Agreement July 200 I Page 2 of2 STATE OF FLORIDA) COUNTY OF MIAMI DADE) 55. Acknowledgement of the City of South Miami The foregoing instrument was acknowledged before me this II day o'fll~2002, by Charles D. Scurr, City Manager of the CITY OF SOUTH MIAMI, on behalf of the CITY, who is personally known to me. My Commission Expires: STATE OF FLORIDA ) COUNTY OF MIAMI DADE) Notary Pub~ ,State of Florida Print Name: r-:\!,-~\l.iVVPP:;:Ua-~oimFF1~C~IA~~~tI,i=~~I~n No' o (.... MARI~~ • th ~ ~ COMMISSION NUMBER 7", ~ 00061886 ~ 0 oQ' MY COMMISSION EXPIRES F F\. OCT. 2.2005 55. Acknowledgement of the City of south Miami The foregoing instrument was acknowledged before me this J day of~6 ,2002, by Michael Bruner, Vice President/Division Manager of Dooley & Mack Constructors, Inc., on behalf of the Corporation, who is personally known to me. ,,) lorida My Commission Expires: APPROVED AS TO FORM & CONTENT ~;"be~/0-A Earl Gallop, Esq., I City Attorney RESOLUTION 17-02-11366 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE ADMINISTRATION TO EXECUTE AN AGREEMENT WITH DOOLEY & l\1ACK CONSTRUCTORS, INC TO CONSTRUCT THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER FOR A GUARANTEED MAXIMUM PRICE OF $3,000,000 AND PROVIDING FOR AN EFFECTIVE DATE. \\1-IEREAS, fhe City Commission desires to retain a qualified Contractor to construct the City of South Miami Multipurpose Center in Murray Park and \VHEREAS, having gone through a competitive selection process the City retained Dooley & Mack Construction Corporation pursuant to Florida Statute 287.055 as a Construction Manager @ Risk, and WHEREAS, the City, the Architects and the Construction Manager successfully negotiated a Guaranteed Maximum Price, and NOW, THEREFORE, BE IT RESOL YED BY THE MAYOR MTI CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the (.:'!1y Comrr.ission authorizes the City Administration to execuu; 0 Construction Contract with Dooley & Mack Constructors, Inc. for a Guaranteed Maximum Price of $3,000,000. Section 2: That the funding for the project is provided for through Safe Neighborhood Program and associated City matching fund; and Florida Recreation Development Assistance Program. Section 3: That the executed Construction Contract is made a part of this resolution. Section 3: That the resolution is effective immediately. PASSFD Al"IT.i .ADOPTED tLis ::; th day of February ,2002. ATTEST' /' I .. :-... ,; .~ . " ~.-'r .. ~~DL&/===, CITY CLERK READ ~"'TI APPROVED AS TO FORM: '--::> -~// r .f t ~~\-~.:;:, .:.-;::-.6 //c/"'- CITY ATTORNEY / APPROVED: Commission Vote: Mayor Robaina: Vice Mayor Feliu:' Commissioner Russell: Commissioner Bethel: 5-0 Yea Yea Yea Yea Commissioner Wiscombe: Yea (THIS PAGE LEFT INTENTIONALLY BLANK) !) DOOLEY&: MACK Mr. Suuruttl U~U City or South Miumi 6130 SUllset Orive Suuth Miallli. FL 33143 COA'$T6UCT06S, INC. IW: Murray Park Multij1llrpose Cellll!r -I'hast: 11 Projetl No. E794X -(juar~lIllel!d Maximum Priee Dear Subrala: \Vl! have revisl!d Ollr Guaranteed Maximum Price for the Murray Park MUltipurpose Center -Phase II. [he total price is now $3,000,000.00 with the following notations: A) Landscaping is to be done by others. B) Monument sign has been deleted. C) The owner will provide temporary electric service and pay usage costs. D) Paving, base, curbing, wheelstops, site signs, markings and offsite utilities will be done by othcr~ L:nder a separate contract with the owner. E) Sunscreens on the south elevation will be per revised drawings dated 1/16/02. F) Mechanical screens on the east and west elevations have been replaced by an extended parapet. G) Contract is based on using an alternate roofing system by GAF Materials Corporation that has been submitted to the architect for approval. H) Interior storefronts will be in hollow metal frames instead of aluminum. I) Skim coat plaster on interior partitions is included in room's number 107, 122,123 and 124 only, other scheduled rooms are to have a standard drywall finish. J) 15t floor bathrooms will have ceramic tile floors. K) 2 110 floor lobby and fitness area will be carpeted. L) Cementitious Terrazzo is included in the 1st Floor Lobby and Lobby Stairs only. All other areas scheduled to have Terrazzo or carpet will have vinyl tile. M) TV Brackets and residential appliances will be provided by others. N) Gym Divider Curtain and Volleyball Equipment have been deleted. Electrical rough in for curtain and scoreboard will be provided as indicated. 0) Floor mats at east and west Gym exits have been deleted. P) Gymnasium sound system has been deleted. Rough-in electrical provisions for future installation will be provided. Q) Exterior up lights and the new panel for site lighting will be provided as detailed on the 100% Construction Documents Dated 1/16/02. R) Bell South relocation charges will be paid by others. CONSTRUCTION MANAGERS R. CGCA01063 GENERAL CONTRACTORS 11971 N.w. 37th Street Cor~1 Springs. Florida 33065 (954) 345-8288 Fax (954J 345·9041 1 SARASOTA. FLORIDA * Fr: LAUDERDALE * NASHVILLE. TENNESSEE * ATLANTA. GEORGIA * DALLAS. TEXAS ':: . Included herewith pl~c find n eop'y oflhc Estimnlc Summary RCPQrt. I. With the uoovc c-xccptions nll items in our GMP Proposnl of 1/16/02 remnil1 in effect. Should )'OU MVC noy questlons or comments. pl~e do nol hcsilnlc to ctlll. .",' Sinecrcly. DOOLeY AND MACK CONSrRUCl'ORS, INC. d!~ b~ 14f1/ 44tW '--.-) Killl Swctich Chief E,Stilllator :::c: Michael Butler GeofT McCorkle Javier Torres File 2 1 ~,200 ,lrr!\J~lIon .only J,OOO 4,000 doloto<l 5 05000 DIVISION FIVE-METALS I ....::..-+!::05::.:::1~20~S::T~E~EL=~~=-~;.>L----1~,,:-t!, --i---:7:::6-::.2-::-61:-f----:3::";6;-;;0-;.6::";3:-:4-+S::-te-e:-:I-;:F:--a:-b----~If----1:-:9::";3:-':,9-78 I Delete Mech. Screen s MISC METALS "I r 6.313 in steel I I I JO !DIVISION SIX-WOOD & PLASTIC 1 ROUGH CARPENTRY " ! 10,748 10,748 I \ CUSTOM CABINETS " , 38,515 Cayman 38,515 i I 7 i DIVISION 7-THERM. & MOIST.PROT, i I 1.250 98.804 GRI 3,452 7.677 81 1r:1,!ISION EIGHT-OO()RS & WINDOWS ,I 28.210 Firedoor inHM inHM \08110 HOLLOW METAL \"1 \ 28,210 1, I \ 08210 WOOD DOORS " I I I _ 08710 rFINISH HARDWARE ) " , :--=-::::-i.::.:.::..::.:.c....------jL----~:-:-::-!-I_---------i I LABOR TO INSTALL DOORSI HARDW " 7,000 I 7,000 ! I I 08333isPECIAL DOORS I : : 2.500 2.452 American I 2,452 : 9 i 09000 IDIVISION NINE·FINISHES I: 1---= ~.~ --c=-.===-----~---.. ______ :--_:-:-__ -:--____ _ ! 09200 ,STUCCO "I I 79.117 89.~ :r~chnology Contractors i 66,030 'Delete skim coat --1-09250 !DRYWALL 1~_I ___ ! 71.323 ___ 78,074 RJB I 78,O.:..74~: -,--__ =-= _____ _ 109310 IHARD TILE b" ~ __ I 29.7~'::' __ 29 .. ,,704_ Mike Design i ~_~L5.2.4 Add 1 st FI Baths 109650 iWOOD FLOORING _--"~ ... ~ __ 63 __ E.0.!.~43 Trident L 50243 ' -"109511 1 ACOUSTICAL ", 1~94 8.000 Acousti I 8 0:70~O -: ---------\ I I --, ,--------; -----==-=-tV"'I-n"""'yl=--t7.lI-c..,-ln--:-:-lic-u-o"'f T=--c-r-ra-zz-o 09650iRESIlIENT " : 2.194 in carpet I 9350 i& Carpet 109705 !TERRAZZO " I 69.736 109,113 Klassic Koatings I 24 626 ILobby & Stairs only 109S60,CARPET " I 14.936 12,548 Gemini i 681SJ2nd FI Lobbv&Fltncss 109900 !PAINTING "57,048 45.574 Color Magic 45574 I 1 I I 1 1 I I Iii 10 '00 !QJV!.S!ON TEN·SPECIAL TIES I i 461 461 D&M I 461 I 6.000 10,050 Mardale 10050 iSolld Phenolic ,)0 I VISUAL DISPLAY BOARDS " 1 --110165 TOILET PARTrTlONS " \ \10522 FIRE EXTINGUISHER W/CABINETS .. I 6.152 6,152 D&M 61521 110400 SIGNAGE 2.000 2,000 Allowance 2,000 I i 10505 METAL LOCKERS " i 7.490 3,645 Mardale 3,645 t 110675 METAL STORAGE SHELVING .. i I i 16000 ELECTRICAL FPL RELOCATE BELL SOUTH RELOCATE ." 1 I ." 1 I I j I i I I SUB-TOTAL I FINAL CUTS 1 • , TESTING FOR CONSTRUCTION 1 CONTINGENCY ADJUSTED SUB-TOTAL 1 GENERAL LIABILITY INSUR. 1 IO.C.P.INSURANCE . ICOUNTY BUILDING PERMIT IWARRANTY IBUILDER'S RISK 9 fmo SUB-TOTAL 1 I , PROFIT: I SUB-TOTAL 1 DOOLEY & MACK BOND I I ITOTAL BID 295.088 253,666 Handsel 10.000 By olhers 27.431 27,431 Allowance 2.949.267 I J,177,60J I 1 1 0.5000%1 16,164 6.00% 193,968 I 3,387,735 I 0.2250%1 7,622 0.0600%1 2,033 0.3500% 8,893 3,406,283 8.00%1 276,943 I 3,683,226 1 ,I 21,818 3705043 I liVE, Delete Gymnasium 228,769 .Sound System [Bvowner 2,680,321 I 13,402 , 75.646 '2.82% 2,769,369 : 6,231 ' 1,662 . 9,693 . 2,786,955 f 195,087 :7.00% 2,982,042 1 17,958 ' 3000000 ' Murray Park Multipurpose Center-Phase 2 5845 S.W. 65th Stn:ct S. Miami, FL 33143 Project 11 80199 Tel: 954-345-828~ rax: 9541345-8288 [ Current Drawing List I Summary Log, Gr')uped by Type and Discipline Dooley and ~f:lck Comtructors, Inc. Numbc Rc\' Title . . Rev Date Bulletin. % Complete Status Category. General Notes Rer RFls LPra,viifg~Ji!\i1~~2;~~:_~r~~~~r;:_·:~;;·:~:~:~~~~;~:;.~3~}~:·~~C:;~/L~:~·_~·~··~tI?I~~[:t~~f~~z?;~~~5~;~~~g2':?::~~1~~~1·?i1f1~~~Ef.0~t~-S:?~~:'~~· . '. ~ :~:~~=~~~~~~ -~~.:; ;,~ ~:i :;.:f:;Z1:.~~·[m~~,¥5~~ ;ir7:~f:~~?::-. ~; Architectural AO.I 0 General Notes 11120/01 75 Construction Set AO.2 0 Abreviations and Symbols 11120/0 I 75 Construction Set A 1.0 0 Life Safety MUllipurpose 11120/01 75 Construction Set Building A 1.1 0 Site Demolition Plan 11/20101 75 Construction Set A 1.2 0 Overall Site Plan 11/20101 75 Construction Set Al.I 0 Firtst Floor Plan 11120/01 75 Construction Set Al.2 0 Second Floor Plan 11120/01 75 Construction Set Al.3 0 Roof Plan 11/20/01 75 Construction Set A2.4 0 First Floor Reflected Ceiling 11120/01 75 Construction Set Plan A2.5 0 Second Floor Reflected Ceiling I lI20101 75 Construction Set Plan A3.1 0 Building Elevation \ 1/20101 75 ConstTIlction Set A3.2 0 Building Elevation 11/20/01 75 ConstTIlction Set A3.3 0 Building Sections 11120/0\ 75 Construction Set A3.4 0 Building Sections 11/20101 75 Construction Set A4.10 0 Intaior Elevations Gymnasium 11120101 75 Construction Set A4.11 0 Intaior Elevations Gymnasium 11/20/01 75 Construction SCI A4.4 0 Men's Enlarged Restroom Floor 11/20101 75 Construction Set I!lan + Eleval 1 sl FI A4.5 0 Women's Enlarged Restroom 11120101 75 Construction Set F1ooq~lan + Eleva!. 1st FI A4.6 0 Men's Enlarged Restroom Floor JJl20/01 75 Construction Set ~lan + Ele\'3l 2nd FI A4.7 0 Woman's Entarged Restroom 11120/01 75 Construction Set Prf'/m? j1(orro(!rr Pri""r,~ ("1""'1' 1 (1.1 /0' ~.I prninn t\'nrni/~('f<:\~n 1 ()() pmd fl ~ .•.• , ,("'::: ~ ~ (t!. .... 'f ~ Current Ora" ing Lilt Surnrnary Log, Grou;:.:-~ b: T~p~ u-...! D\.1<:tplmc Numbe Rev Tlfle'Rev Date Bulletin % Complete Status ' CateJ!or)' General Notft~l RrrR.·', F10qr ~Ian + Elevat. 2nd FI A4.8 0 First Floor Plan Enlarged Stair 11/20/01 75 Construction Set Plan AS.! 0 Wall Sections 11/20/01 75 Construction Set AS.2 0 Wall Sections 11/20/01 75 Construction Set AS.3 0 Wall Sections 11/20/01 75 Construction Set A6.! 0 Partition Types 11/20/01 75 Construction Set A6.2 0 Room Finish Schedule First 11120101 75 Construction Set Floor A6.3 0 Room Finish Schedule Second 11120/01 75 Construction Set Floor A6.S 0 Door Schedule First Floor 11/20/01 75 Construction Set A6.6 0 Door Schedule Second Floor 11/20/01 75 Construction Set A6.7 0 Glazing Elevations 11120101 75 Construction Set 'A9.!0.3 0 Curtain Wall Details 11120/01 75 Construction Set A9.!0.4 0 lower Elevations + Details 11120/01 75 Construction Set A9.!3 0 Miscellanous Details 11/20/01 75 Construction Set A9.14 0 Elevator Details 11120/01 75 Construction Set A9.6 0 Miscellaneous Details 11120/01 75 Construction Set A9.7.1 0 Roof Details 11/20/01 75 Construction Set Civil ! of! 0 Boundary Survay 11114100 100 Construction Set C-! 0 General Notes and 11120/01 75 Construction Set S~ecifications C-IO 0 Water and Sewer Notes 11/20/01 75 Construction Set C-2 0 Demolition Plan 11/20/01 75 Construction Set C-3 0 Demolition Notes 11120101 75 Construction Set C-4 0 Horizontal Control, Traffic 11120/01 75 Construction Set Signage & Pavement Marking Plan C-5 0 Paving, Grading and Drainage 11/20/01 75 Construction Set Details C-6 0 Drainage Details 11120101 75 Construction Set C-7 0 Paving and Grading Plan 11120/01 75 Construction Set Prolog "fanag~r Printed on: 1131102 g:\prolog5\projects\80 I 99.pmd Page 2 ofS ~ .}-. "-~ "-~ ~ ~U"l"IH LJI.Jnlut; LlH Summary Log. Grol!;:<-..! t: T~~.u-..! D=:iplmc C-8 0 Water and Sewer Plan 11120/01 75 Construction Set C-9 0 Water Main Profiles 11120/0 I 75 Construction Set Electrical E-I 0 Electrical Site Plan Notes and 11120/01 75 Construction Set le]cnds E-IO 0 Electrical Details 11/20/01 75 Construction Set ----_. E-II 0 Electrical Panels 11/20/01 75 Construction Set ----- E-IA 0 Electrical Photometry Site Plan 11/20/01 75 Construction Set E-2 0 First Floor Plan 11/20/01 75 Construction Set -------. E-3 0 Second Floor-Power Plan 11120101 75 Construction Set E-4 0 First Floor-lighting Plan 11/20/01 75 Construction Set E-4A 0 Gym Photometry Plan 11/20/01 75 Construction Set· E-5 0 Second Floor-lighting Plan 11/20/01 75 Construction Set E-6 0 Electrical Roof Plan and 11/20(01 75 Construction Set lighting Protection E-7 0 Electrical Risers and Scale 11120101 75 Construction Set Drawin~s E-8 0 Fire Alarm Panel 11120/01 75 Construction Set E-9 0 Systems Risers and lighting 1112010 I 75 Construction Set Schedule Fire Protection FP~l 0 Site Plan, General Notes, 11120/01 75 Construction Set legends -Fire Protection FP-2 0 First Floor Plan Ceiling Plan 11/20101 75 Construction Set FP-3 0 Second Floor Ceiling 11120101 75 Construction Set Irrigation IR-J 0 Irrigation Details 11120/01 75 Construction Set IR-2 0 Irrigation Details 11120/01 75 Construction Set IR-3 0 Irrigation Specifiactions 11120101 75 Construction Set Landscape LA-I 0 landscape Plan 11120/01 75 Construction Set Prolog JI{al1ag~r Printed on: 1131/02 g:\prolog5\projccts\80 I 99.pmd P:lgc 3 of 5 ~ .)--. " ~ " 'i ~ Current Dra\\ing List SummJry Log, Grot:;.:.i b:-Ty;~~.J D15ciptinc Numbe Re\' Title Rev Dilte" Bulletin' . %Complete ·"·Status ' CategorY Gener.tl NotriJ::;' ltd at'" LA-2 0 landscape Notcs and Details 11/20/01 75 Construction Set LA-3 0 Landscape Specifications 11/20/01 75 Construction Set Mechanical M-I 0 Mechanical Site Plan 11/20/01 75 Construction Set M-2 0 First Floor Plan-HVAC 11/20/01 75 Construction Set M-3 0 Second Floor Plan -HV AC 11120101 75 Construction Set M-4 0 Roof Plan -HVAC 11120/01 75 Construction Set M-5 0 Mechanical Schedules and 11120/01 75 Construction Set Details M-6 0 Mechanical Details 11120101 75 Construction Set Plumbing P-I 0 Plumbing Site Plan 11120/01 75 Construction Set P-2 0 First and Second Floor 11120101 75 Construction Set Plumbing Plan P-3 0 Enlarged Toilet Room First 11120/01 75 Construction Set Floor Plan P-4 0 Enlarged Toilet Rooms Second 11120/01 75 Construction Set Floor Plan P-5 0 Plumbing Schedules & Details 11/19/01 75 Construction Set P-6 0 Roof Plan 11120101 75 Construction Set P-7 Plumbing Schedule and Details 11/20/01 75 Construction Set Structural S1.1 0 General Notes 11120/0'1 75 Construction Set SI.2 0 Load Key Plan 11120/01 75 Construction Set S1.3 0 Wind Pressures on Wall 11120101 75 Construction Set Com2onents & Cladding, S2.1 0 Foundation / Slab-on-Grade 11/20/01 75 Construction Set Plan S2.2 0 Second Floor-Framing Plan 11/20101 75 Construction Set S2.3 0 Roof Framing Plan 11120/01 75 Construction Set S3.1 0 Partial Sections and Details 11120/01 75 Construction Set S4.1 0 Foundation / Slab -On-Grade 11120/01 75 Construction Set Prolog ftfanager Printed on: 1131/02 g:\prolog5\projects\80 199.pmd Page 4 of 5 ~ ~ , ~ , 'f ~ Current Drawing List Summary Log. G~Ol'~ by T~'r J!".d Dl~iplmc Numbe Rev" Title Rev Date 'Bulletin).',; . ,'. .>% Complete Status' Cate2ori' . Gener:al Notet Rer R.·I~ Details 54.2 0 Framing Details -Concrete S4.3 0 Framing Details-Masonry S4.4 0 Framing Details-Steel S5.1 0 Column and Footing Schedules S5.1.I 0 Column Details S5.1.2 0 Beam Schedules S5.2 0 Mechanical Site Plan [~CJfi?li'tl~i~';f:i~~!:C~~~S·jj'E:);'·i.':.·~~.:., ." Specifications Reports Volume \-3 Prolog Ma"ag~r Geotechnical Exploration and Evaluation Report Project Manual Printed on: If31/02 11120101 75 Construction Set 11/20/01 75 Construction Set 11120/01 75 Construction Set 11120101 75 Construction Set 11/20101 75 Construction Set 11120/01 75 Construction Set 11120/01 75 Construction Set : '·"':;".;~.-?;.c.:~,~~ai-·· .-':_:~_:':~:~~::""('''f"'..:~~6:UoI'' .. ~~:. 4120101 100 Construction Set 11120/01 75 Construction Set g:\prolog5\projects\80 199.pmd P:lge 5 of5 ~ ~ ~ , 'i ~ (THIS PAGE LEFT INTENTIONALLY BLANK) ~~$e~lL-____________ 4-~ / I ! __ ----1 , . I .-~-----.-.----------.~ ------'--------. -----------"-_._----_._---.-- • No/ice 10 proceed I Conlract negoliallon/biding Shop drawing review .. a-t& .. "" j k pi t l!!2O&!::t'S 5 ... :-·--~Purchasl!&derrveryorchinP.funittAHUs .. f' Jfchase & denvery of Bar & PC JOist : t PurchaseJdeHvuy .Jf Glazed curtain wall assembl ; .. ~ Purchase/defivery of elevator system '. ..... • Purchase/deUvery ot doors! hardware! frames -.. ,¥ti!d'i! '. PurchasefdeGvery !ighl fixtures' : 1~ Purchase/delivery of alumn. ladders' .. i -. ---... ---!~ Purchase/delivery or loilel parlitions _: ~ m /..... '"" . __ .!'_""! :'!'0aW~e~r:.!Y ~r e/e~. ''';./cJ\Ip~n~~.,", ... 1I:IZI:8 Remove trees ...... Locate undergrd u!i!ilies ~_ Demolilion ", cap of e:risling utilities ----~r···-~~~eJ~~g~~'!.y--""~r--- ~ I'III!!a Clearing and Grublng : .... Stmtey & Layout ____ .... Inslall new siormlsanil;'uy sewer syslem I :.... .-.~ Instan exterior water supply system l :: Cui exist asphaU & lapp exisl.waler main .-.bS;:I Excavate & 'nslaB chin waler supply 3. return .... _ .... -............. -.... _ .. Insl;]n e:derior eleclnC;)1 s~ & communication : --~IZ!JS:!:SlImeroek b;)se & 1T stablilized subgfade : I :'""lm:m:r Extet10r sidewalk : I l ... ~ concrete CtIb & gulter. • ------------------------c:~. I:L .. .!'~h<il!.p~~ .. ___ ~ ___ ._. ____ :_ .. _____ _ :: ... -.... '" ... ~Excavate Foollngs ... -.Fonn Foolings and Place Rebar ... ~ Pour Footings .. ~ Rough-In Underground M_E.? ........ lnstaU Masonry Stem Wall .... Prepare bldg. pad • Pour slab @ Gym "'J:llayout building ... ~ Erect Masonry Exterior WaRs ... a!IDI: Formwoft & -ni-har ;or 'footers/pads .... Pour Multipurpose 1 j ; J ~!!G&lIErecl8 t. 12" eMU to grade ! ... 1IIa Pour concrete In CMU 10 grade i .... Pour lobby I Restroom Area ~ ... , Under9rd Inspedion: : ~) Soil poisoning •• I l..-::s::!Ilnslaft Exfertor Door Frames -.,.., Pour ground noar slab =loo-~ Ered 8 t. 12" eMU @ interiorlexterior Tocanans ~J .... .-Form and Pour Concrete Columns l""l:IEB Form and pour an CIP wans all eMU load bearln9 ...... ;1:1$ ,: ;: , Dooley & Mack Constructors Inc Murray Park Multipurpose Center Ph2 £QD Earty bar _ Progress bar I!D CnllCat bar . ---Summary bat ~ 0 5!311 milestone point ~') __ f' ~~h... ~il.~~~~:y~~ ~ ~ , ~ , 'i ~ Ie Dale Revisi_on . ~hecked A~p~~_ I . -------i--~--~----, , .-_7_=-=._=-,.=j~==_=.·.==~.'_'_-~=_7_'_:~O-.,~"_~ _____ . ____ _ -t>o-J rnsl~~ ~~ ~~e.e! ~~.~~. Erect bar I-oisl : j : : (' -I, I . ... _Inslan Sleel Columns and Beams . ~_Inslan melal deck i: ~. EreCl 8-eMUs fOf' parapet wan "'SD5Ila Erect Second lift Masonry I ~ I Pour roof deck I ;:j...~Ory..ln roof ". q.=) Inslalf an exterior H.M doors r;-~ Inslall an eJ'ferior window trames & glass ... s:a r oem .. 0<1 Pour Se(:ond fie Beam @ Gym --...•.... - ~1I5rU:I Sel Sleel Trusses@ Gym I ; "'JI2Ilnslali Roof Oe<:k. Over Mullipurpose "~Ered Parapet Wall ... ~ Install exterior Storefront I Wndows ...... Sci Roof Top AJr Handler ... -___ .. Inslan Oed; snd Standing Seam Rooting _~.~.~m~!a~ ~!J'~-yp ~~r : I: . .....II:1II Layoullnlerior partilions I: ...... Inslall stud walls & soffit' ; .. ~ Inslaff door frames !. M E.P lough-in . .... Pre.drywalt inspections ... .... lnsufate all exterior eMU waif " __ 'nslaO drywal! ... IISD:J Tape.\ flllist, drywall ..... _ 4..pply an wall plasler ,. __ oslall ceiling grid . ~ ,. aa&I APply epo~y noortngNCT ~_Painfi"g :'. ~ .. ~ Instan Iigf'l1lix1ures ~""lnSlalJ tire alarm devices ~M:IE Install plumbing/gas rlX1ures and lrim -.. a Install door', & hardware • • ... -=-:alnslall marJ:.erboardllvfsigns/proledion screen _______ ----''-_________________________ ---' .. =~Inslall fife sprinkler heads and trim £!.a"'I.!.'!s'-________________ _ I: I: -_ . .-! 1$ ... \ Hi * t , Instan chIDer & AHUs __ """ ... _ .... "" __ Tesl &. E!'Cllante Dooley & Mack Constructors Inc Murray Park Multipurpose Center Ph2 ~ -HNAC slart up .... -. Hook up to FPL ~. Fir& Marshal (/flat inspet:tlon -aO/M prepunch walk Ihrough ~ t:II AldlileC! punchli!1 .... sawua # EX!OJfing punch ist ~. Substantial Completion .. J Filla! comptetroo inspection .---.... ____ FF&E Ins!; _______________ ~IOwne~~ ~Eartybar _ Progress bar muJ Critical t>ar --StJmm.lry bar .. ) Slart milestone point _.-..::>_~~~h~I!S~~E~C!I_ ,_/ ~ ~ ... ~ .... i ~ 2001 CITY OF SOUTH MIAMI MEMORANDUM To: McHarry and Associates From: S. Basu, Director /ACM~ Building, Zoning and Community Development Date: August 22, 2001 Re: Multipurpose Center Phase Two Construction Manager @ Risk Attached, please find copy of fully executed "Construction Management Services Agreement" for Dooley & Mack Constructors, Inc. pertaining to the above-referenced project. RECEIVED AUG 29 2001 IVICH/A K:\Subrata Basu\Memos\McHarry.mem.doc (THIS PAGE LEFT INTENTIONALLY BLANK) r City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement Tf-llS AGREE!vfENT made and entered into this ~;f day of ~, 2001, by and between the CITY OF SOUTH NfIAMI, a municipal corporation of the St~~ida, ("City") and DOOLEY & MACK CONSTRUCTORS, INC., a Florida Corporation. In consideration of the mutual covenants contained in this Agreement, and other consideration, the receipt and the legal sufficiency of which is acknowledged by the parties, the City agrees to employ the Construction Manager and the Construction Manager agrees to perform all required services in connection 'with the following described project (Work). Section 1: The Construction Team and Extent of Agreement 1.1 The Construction Manager, the City, and the ArchitectlEngineer ("Construction Team") will work as a team through construction completion. The Construction Manager shall provide leadership to the Construction Team on all matters relating to construction. The ArchitectlEngineer will provide leadership to the Construction Team on all matters relating to design. 1.2 The Construction Manager shall furnish its best skill and judgement and cooperate with the ArchitectlEngineer in furthering the interests of the City. The Construction Manager shall furnish efficient business administration and superintendence and use its best efforts to complete the Project in an expeditious and economical manner consistent with the interests of the City. 1.3 This Agreement is complementary to the Drawings and Specifications and the Conditions of the Contract, and together with them, represents the entire agreement between the City and the Construction Manager and supersedes all prior negotiations, representations or agreements. Where this Agreement is expressly in conflict with the Conditions of the Contract, this Agreement will prevail. Where this Agreement is silent, the Conditions of the Contract, and the requirements of the Drawings and Specifications will prevaiL This Agreement may be amended only by written instrument signed by the City and the Construction Manger. Section 2: Construction Manager's Basic Services The Construction Manager's Basic Services under this Agreement include preconstruction phase services and construction phase services. 2.1 The Preconstruction Phase: The preconstruction services shall commence at the issuance of the "Notice to Proceed". The Construction Manager shall: City of South Miami MUltipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 2 of 17 2.1.1 Preconstruction deliverables shall consist of 5 (five) copies of reports at 25% Design Development phase, at the end the Design Development, at 35% Construction Documents and at the 75% Construction Documents together with a Guaranteed Maximum Price (GMP) proposal. The reports shall include a complete discussion and summary of the services provided in accordance with .. Subparagraphs 2.1.2 through 2.1.9 herein below, including the schedule, a detailed cost estimate and the Construction Manager's confirmation that the project as designed and specified can be constructed within the budget. 2.1.2 Provide a preliminary evaluation of the City'S program and project budget requirements, each in terms of the other. 2.1.3 Review and study, on a continuing basis through the development of design and construction d9cuments for accuracy, completeness, clarity, and consistency, advise on site use and improvements, selection of materials, building systems and equipment and methods of Project delivery, provide recommendations on relative feasibility of construction methods, availability of materials and labor, time requirements for procurement, installation and construction and factors related to cost including, but not limited to, costs of alternative designs or materials, preliminary budgets and possible economies. 2.104 Provide for the ArchitectlEngineer's and the City's review and acceptance, a Project Schedule that coordinates and integrates the Construction Manager's services, the Architect/Engineer's services and the City'S responsibilities with anticipated construction schedules. The Construction Manager shall update this schedule periodically, as required. 2.1.5 Prepare for the City's approval a detailed estimate of Construction Cost, as defmed in Section 8, developed by using estimating techniques which anticipate the various elements ofthe Project, anq based on design documents prepared by the ArchitectlEngineer; update and refine this estimate periodically as the ArchitectlEngineer prepares Construction Documents; advise the City and the ArchitectlEngineer ifit appears that the Construction Cost may exceed the Project budget; and make recommendations for corrective action. 2.1.6 Coordinate Contract Documents by consulting with the City and the ArchitectlEngineer regarding Drawings and Specifications as they are being prepared, and recommending alternative solutions whenever design details affect construction feasibility, cost or schedules; assist the City and the ArchitectlEngineer in preparing comparative life cycle analysis of ownership, operating, and maintenance costs for design alternatives prepared by the ArchitectlEngineer. 2.1.6 (1) Advise on the separation of the Project into contracts for various categories of Work. If separate contracts are to be awarded by the City, review the Drawings and Specifications and make recommendations as required to provide that; (1) the Work of the separate contractors is coordinated with that of the Trade Contractors; (2) all requirements for the Project have been assigned to the ( City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 3 of 17 appropriate separate contract; (3) the likelihood of jurisdictional disputes has been minimized; and (4) proper coordination has been provided for phased construction. 2.1.6(2) Develop a Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each Trade Contractor; provide the Project Construction Schedule for each set of bidding documents; and develop a plan for the phasmg of construction. 2.1.6(3)· Establish a schedule for the purchase of materials and equipment requiring long lead time procurement, and coordinate the schedule with the early preparation of portions of the Contract Documents by the ArchitectlEngineer; expedite and coordinate delivery of these purchases. 2.1.7 Provide an analysis of the types and quantities oflabor required for the Project and review the a:,ailability of appropriate categories oflabor required for critical phases; develop bidding packages designed to minimize adverse effects of labor shortages. 2.1.7(1) Consider the City's Minority Business Enterprise and other bidding requirements mandated by the funding agencies as described in the Special Conditions of the Contract when developing bid packages. 2.1.8 Make recommendations for· pre-qualification criteria for bidders and develop bidders' interest in the Project; establish bidding schedules. 2.1.9 Schedule and conduct monthly meetings of the Constmction Team, and prepare and distnbute minutes. 2.1.10 Based upon Drawings and Specifications produced by the ArchitectlEngineer, develop Guaranteed Maximum Price (trUMP") proposal(s), including Project Construction Schedule, itemized by Trade Contract, for phases of Work as required by the City. If the documents as prepared by the ArchitectlEngineer are not adequate for the development ofa GtviP, the Construction Manager shall notify the City immediately, prior to developing the GMP. All assumptions made by the Construction Manager in the development ofthe GMP shall be specifically listed in the GMP proposals, and the GMP will not be adjusted due to assumptions made by the Construction Manager, but not included in the Gl\.1P proposal. 2.1.1 O( 1) If the City accepts the GMP proposal, it will become an Amendment to this Agreement, which will establish the GMP, Contract Time, and liquidated damages for that phase of the Work. Perfonnance and Payment Bonds on the City's standard forms will be executed simultaneously with the GNIP amendment. 2.1.10(2) If the City does not accept the G1v1P proposal, the City shall so notify the Construction Manager in writing. The Constmction Manager shall then recommend adjustments to the Work. The f , City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 4 of 17 Construction Team will discuss and negotiate these recommendations for no more than 30 calendar days, unless the City grants an extension in \VTiting. If an acceptable Gl'v1P is not developed, negotiations may be terminated. 2.2 Construction Phase. The Construction Phase shall commence at the issuance of the "Notice to ~roceed" and the City'S acceptance of the GivIP. Unless otherwise authorized by the City, all Work shall be perfonned under Trade Contracts held by the Construction Manager. The· Construction Manager shall: 2.2.1 Administer the construction phase as provided herein and in the Conditions of the Contract Documents included in the Project ManuaL 2.2.1(1) Terms used in the Conditions of the Contract shall have the following meanings: .1 "Contractor" means Construction Manager, and the terms will be used interchangeably; .2 "Subcontractor" means Trade Contractor, and the terms will be used interchangeably; and, .3 "Contract Sum" means Guaranteed Maximum Price and the terms will be used interchangeably. 2.2.2 Commence the Work within 10 days after receipt of the executed Guaranteed Maximum Price Amendment and Notice to Proceed from the City. 2.2.3 Develop procedures, which are acceptable to the City for the pre-qualification of Trade Contractors; develop Trade Contractor interest in the Project and publicly advertise and conduct pre- bid conferences with interested bidders to review the documents; take competitive bids on the Work of the various Trade Contractors; or, if authorized by the City in writing, negotiate for the performance of that Work (the Construction Manager may require bidders to submit bid bonds or other bid security acceptable to the Construction Manager as a prerequisite to bidding on the Work); analyze and evaluate the results of the various bids and their relationship to budgeted and estimated amounts, and prepare for review with the City and ArchitectlEngineer a bid tabulation analysis and such other support data as necessary to properly compare the various bids and their responsiveness to the desired scope of Work (specifically, review the scope of Work in detail with apparent low responsive bidders to detennme that their bids are complete but do not include duplicate scope items. Maintain records of all pre-award interviews with apparent low bidders); prepare and submit written recommendations to the City and ArchitectlEngineer for award of Trade Contracts by the Construction Manager identifying the Minority Business Enterprises to be utilized; promptly award and execute Trade Contracts with approved Trade Contractors; and provide copies offully executed Trade Contracts, insurance certificates and, if required, bonds to the City. ( City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 200l Page 5 of 17 2.2.4 Manage, schedule and coordinate the Work, including the Work of the Trade Contractors, and coordinate the Work with the activities and responsibilities of the City, Architect/Engineer and Construction Manager in order to complete the Project in accordance with the City's objectives of cost, time and quality; develop and maintain a program, acceptable to the City and ArchitectlEngineer, to assure quality control of the construction; supervise the Work of all Trade Contractors, providing instructions to each when its Work does not conform to the requirements of the plans and specifications and continue to manage each subcontractor to ensure that corrections are made in a timely manner so as to not affect the progress of the Work. Should disagreement occur between the Construction Manager and the ArchitectlEngineer over acceptability of Work and conformance with the requirements of the specifications and plans, the City shall be the finaljudge of performance and acceptability. 2.2.5 Maintain exclusively for this Project a competent full-time staff at the Project site to coordinate ~d direct the Work and progress of the Trade Contractors on the Project. All of the Construction Manager's on-site management and supervisory personnel shall be consistent with the interview presentation and shall not be removed or replaced without the City's consent which shall not be unreasonably withheld. The City shall have the right to direct the Construction Manager to remove or replace anyon-site personnel whose performance becomes unsatisfactory to the City. In such event, the Construction Manager shall promptly replace such personnel, without consideration of additional compensation for the replacement. 2.2.5.1 Establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Team; identify an on-site staff member to represent the Construction Manager, on a daily basis, with authority to negotiate change orders and contract modifications on behalf of the Construction Manager; and make available such executive personnel as necessary to execute change orders or other contract modifications on behalf of the Construction Manager so as not to delay the progress ofthe Work. 2.2.6 Establish procedures for coordination among the City, ArchitectlEngineer, Trade Contractors and Construction Manager with respect to all aspects of the Work; implement such procedures, incorporate them into a project resource manual, and distribute manuals to the Construction Team. 2.2.6.1 Require of the various Trade Contractors such Coordination Drawings as may be necessary to properly coordinate the Work among the Trade Contractors. 2.2.6.2 In coordination with the ArchitectiEngineer, establish and implement procedures for tracking and expediting the processing of shop drawings and samples, as required by the Conditions of the Contract. 2.2.7 Schedule and conduct weekly progress meetings with Trade Contractors to review such matters as job procedures, construction progress, schedule, shop drawing status and other information as necessary; provide prior notice to City and ArchitectlEngineer of all such meetings, Jr'-', ( . City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 6 of 17 and prepare and distribute minutes; and attend monthly Team meetings scheduled by the ArchitectlEngineer. 2.2.8 Review the schedule with the various Trade Contractors and review, or expand, the level of detail to incorporate specific Trade Contractor input consistent with the overall completion requirements; regularly monitor and update the Project Schedule and various sub-networks as construction progresses; identify potential variances between scheduled and probable completion dates; review schedule for Work not started, or incomplete, and make adjustments in the schedule to meet the scheduled completion date; provide summary reports of each monitoring and document all changes in schedule; and display the current Project Schedule in the on-site office; review at progress meetings. Regular schedule updates and reporting shall be included as part of the monthly project report outlined in Subparagraph 2.2.16. 2.2.9 Determine the adequacy of the Trade Contractors' personnel and equipment, and the availability ofmaterials and supplies to meet the schedules and in consultation with the City and the ArchitectlEngineer, take necessary corrective actions when requirements of a Trade Contract or a Trade Contract Schedule are not being met. 2.2.10 Whenever City-Furnished Contractor-Installed materials or equipment are shipped to the Project site, the Construction Manager shall notify the City and shall be responsible for their acceptance, proper storage, and, incorporation into the Work provided the scope of the City- Furnished Contractor-Installed work is included within the Guaranteed Maximum Price. 2.2.11 Develop and maintain an effective system of Project cost control, which is satisfactory to the City; revise and refine the initially approved Project Construction budget, incorporate approved changes as they occur, and develop cash flow reports and forecasts as needed; identify variances between actual and budgeted or estimated costs and advise City and ArchitectlEngineer whenever projected costs exceed budgets or estimates. Cost Control reports shall be included as part of the monthly project report outlined in Subparagraph 2.2.16 . 2.2.12 The Construction Manager shall maintain a system of accounting consistent with generally accepted accounting principles and any other requirements of the funding agency. The Construction Manager shall preserve all accounting records for a period of four (4) years after final acceptance of the Work. The City shall have access to all such accounting records at any time during the performance of the Work and for a period offour (4) years after final acceptance of the Work. 2.2.13 Develop and implement a system for the preparation, review and processing of change orders. Without assuming any of the Architect/ Engineer's responsibilities for design, recommend necessary or desirable changes to the City and the ArchitectlEngineer, review requests for changes and submit recommendations to the City and ArchitectlEngineer. 2.2.13.1 When requested by the City or ArchitectlEngineer, promptly prepare and submit estimates of probable cost for changes proposed in the Work including similar estimates from the Trade ",- ( City of South Miami MUltipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 7 ofl7 Contractors; and if directed by the City, promptly secure formal written Change Order Proposals from such Trade Contractors. 2.2.14 Be responsible for initiating, maintaining and supervising effective safety programs and require similar programs of the Trade Contractors and Sub-subcontractors. The OSHA guidelines shall serve as the basis for the construction safety program. 2.2.14.1 Promptly notify the City and, where applicable, the City's Insurance Administrator, in v\-Titing, upon receiving notice of filing of any charge of non-compliance from OSHA, or upon receiving notification that a federal or state inspector shall visit or is visiting the Project site. 2.2.14.2 At progress meetings with Trade Contractors, conduct a review of job safety and accident prevention, and prepare minutes of such meetings that will be available to the City's Representative on request. The minutes ofjo b'safety and accident prevention portion of such progress meetings shall be made available to the City's Insurance Administrator upon request. 2.2.14.3 Designate a full-time staff member as the project safety director who shall oversee jo b safety and accident prevention for the Construction Manager, Trade Contractors and Sub- subcontractors involved in the Work, in addition to any other responsibilities assigned to such staff member. 2.2.15 Make provisions for Project security acceptable to the City, to protect the Project site and materials stored off-site against theft, vandalism, fire and accidents, etc., as required by job and location conditions. Mobile equipment and operable equipment at the site, and hazardous parts of new construction subject to mischief, shall be locked or otherwise made inoperable or protected when unattended. 2.2.16 Record the progress of the Project; submit vvritten monthly progress reports to the City and the ArchitectlEngineer including progress photographs of the project, information on the Trade Contractors' Work, the percentage of completion, current estimating, computerized updated monthly Critical Path Method scheduling and project accounting reports, including Estimated Time to Completion and Estimated Cost to Complete; keep a daily log available to the City and the ArchitectlEngineer; and report and record such additional information related to construction as may be requested by the City. 2.2.17 The Construction Manager shall be responsible for the removal, encapsulation, transportation and disposal of any hazardous material, including, without limitation, any asbestos or asbestos-related products as may be required in connection with the Work. Hazardous material, described by federal guidelines brought by the Construction Manager or the Trade Contractors shall remain their responsibility for proper disposal City of South Miami MUltipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 8 of 17 Section 3: Additional Services 3.1 Upon the mutual agreement of the City and the Construction Manager, and only upon prior v,Titten authorization from the City, the Construction Manager shall provide additional services , which are beyond the scope of the Basic Services described in Section 2. The Construction Manager shall be compensated for such additional services a fee to be negotiated by the City and the Construction Manager at the time of the additional service request. Section 4: City's Responsibilities 4.1 The City shall designate a representative to act on its behalf. This representative, orhislher designee, will monitor the progress of the Work, serve as liaison with the Construction Manager and the ArchltectlEngineer, receive and process communications and paperwork, and to represent the City in the day-to-day conduct of the Project. The Construction Manager will be notified in writing cifthe representative and ofhislher designee. 4.2 The City may retain a threshold inspector, ifrequired. 4.3 The City shall review and approve or take other appropriate action on the Construction Manager's preconstruction deliverables within 10 (ten) calendar days of receipt. 4.4 During the construction phase, communications shall be made as described in the General Conditions. Section 5: Schedule 5.1 Preconstruct ion Phase 5.1.1 The Construction Manager shall submit the Design Development Reports within fourteen (14) calendar days, 35% Construction Document Report, and Guaranteed Maximum Price Proposal within thirty (30) calendar days after the documents have been made available to the Construction Manager. 5.2 The number of days for performance of the Work under the construction phase of this Agreement shall be established in the Guaranteed Maximum Price Amendment to this Agreement. 5.3 In the event the City desires to accelerate the schedule for any portion of the Work, the City shall notify the Construction Manager in writing. Within seven (7) days, the Construction Manager shall give the City a revised Guaranteed Maximum Price for the acceleration, which shall become a Change Order upon acceptance. The City may then direct the Construction Manager to increase its staff and require its Trade Contractors to increase their manpower, or to work such overtime hours as may be necessary to accomplish the required acceleration in accordance with the approved Change Order. In such event the City shall reimburse the Construction Manager for the costs of such ( City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 200 I Page 9 of 17 acceleration subject to the Guaranteed Maximum Price. In no event shall the Construction Manager be entitled to compensation in excess of the adjusted Guaranteed Maximum Price. The Construction Manager shall require accurate daily records of all costs of the required acceleration and shall secure the City's approval of such records. Section 6: Guaranteed Maximum Price 6.1 The Guaranteed Maximum Price ("GMP")[this was abbreviated earlier in the document] includes Cost of the Work required by the Contract Documents as defined in Section 8, and the Construction Manager's fee as defmed in Paragraph 7.2 herein. The GtviP will be established based on design documents prepared by the ArchitectlEngineer. The GMJ> is subject to modification for changes in the Work as provided in Section 9. 6.2 The GMP will only include those taxes in the Cost of the Work which are legally applicable at the time the GMP is established. 6.3 All cost savings for the not-to-exceed value ofthe Gtv1P shall be returned to the City as part of the net aggregate savings established when final accounting is submitted upon Final Completion of the Work, or at such earlier time as agreed to by the City and the Construction Manager. "Cost savings" are the net difference obtained by deducting from the Adjusted GMP, the documented Construction Manager's Fee, the expended portions of the Construction Manager's contingency and the actual expenditures representing the Cost ofthe Work as defined in Section 8. Liquidated damages, ifany, are different from, and are not a part of, this calculation. Upon completion of the bidding period, the Construction Manager's contingency will be adjusted so that it does not exceed the contingency percentage agreed upon in the original GMP proposal. Those savings resulting from favorable bids and the related overhead and profit will be available for the City'S use, immediately following the bidding period. 6.4 By execution of this Agreement, the Construction Manager certifies that all factual unit costs supporting the fees specified in this Agreement are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished the City in the future to support any additional fees that may be authorized will also be accurate and complete. The fees specified in this Agreement and any additional fees that may be authorized in the future shall be adjusted to exclude any significant sums by which the City determines the fee was increased due to inaccurate, incomplete, or non-current factual unit costs. Section 7: Payments to Construction Manager 7.1 In consideration of the performance of the Agreement, the City agrees to pay the Construction Manager, as compensation for its services as set forth below: (" City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 10 of 17 7.1.1 For preconstruction services, the lump sum amount of $ 29,986.00, to be paid at the satisfactory completion of the following phases: 25% Design Development . 100% Design Development 35% Construction Documents 75% Construction Documents with GMP Construction Manager Fee $ 3,372.00 $ 8,501.00 $ 7,960.00 $ 8,456.00 $ 1,697.00 7.1.2 Upon acceptance of the Gtvn>, the amount established in the GNfP Amendment to this Agreement, which includes the Construction Manager's fee as described in Paragraph 7.2 and the Cost of the Work as described in Section 8, to be paid monthly as described in the General Conditions of the Contract. 7.2 Included in the Construction Manager's Fee are the following: 7.2.1 The cost of its home or branch office employees or consultants not at the Project site, including the cost of all pension contributions, hospitalization, bonus, vacations, medical insurance assessments or taxes for such items as unemployment compensation and social security, payroll insurance, and taxes attributable to wages and salaries and other company overhead expenses for said home office employees. 7.2.2 General operating expenses of the Construction Manager's principal and branch offices other than the field office. 7.2.3 Any part of the Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work. 7.2.4 Overhead and profit, or general expenses of any kind, except as may be expressly included in Section 8, as Cost of the Work. 7.2.5 All travel and per diem costs of Construction Manager's employees and consultants. 7.2.6 The cost of estimating services which may be required during the construction phase in locations other than the Project site. 7.2.7 All costs incurred during the guarantee period after construction. 7.3 Adjustments in the fee will be made as follows: ( City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 11 of 17 7.3.1 Adjustments due to Changes in the Work shall be made as described in the General Conditions of the Contract. 7.3.2 For delays in the Work caused by the City, the Construction Manager shall be entitled to additional fee to compensate the Construction Manager for its increased expenses. The amount of this increased fee shall be calculated at a daily rate derived by dividing the basic fee (excluding profit) established in the accepted G:tv1P proposal by the Contract Time established in the GMP Amendment to the Agreement. 7.4 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof Section 8: Cost of the Work 8.1 The term "Cost of the Work" shall mean costs including General Conditions costs, incurred in the Work as described and defined in Paragraph 8.2,and paid or incurred by the Construction Manager less any reimbursement for scrap value and cash or trade discounts, subject to Section 10. The term "wages" shall include the straight time and overtime pay and the cost of associated employee benefits. Employee benefits include, but are not limited to, unemployment compensation, social security, compensated absences, and other mandatory and customary contributions and fringe benefits insofar as such costs are based on wages, salaries, or other remuneration paid to employees of the Construction Manager. 8.1.1 The City agrees to pay the Construction Manager for the Cost of the Work as defined in Section 8, through completion of the Work. Payment shall be in addition to the Construction Manager's Fee as stipulated in Paragraph 7.2. 8.2 Cost of the Work includes and is limited to actual expenditure for the following cost items: 8.2.1 Subject to prior approval by the City, wages paid for labor in the direct employ of the Construction Manager other than those provided under Paragraph 7.2, as a part of the Construction Manager's Fee in the performance of the Work under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon by the City and Construction Manager, and including such welfare or other benefits, if any, as may be payable with respect thereto. 8.2.2 The cost of all materials, supplies and equipment incorporated in the Work or stored on site, including cost of transportation and storage thereofshall be included in the Cost of the Work. At the City's sole discretion, the City may make payment for materials, supplies and/or equipment stored off- site and bonded. 8.2.3 Payments made by the Construction Manager to Trade Contractors for their Work performed pursuant to Trade Contracts with the Construction Manager. City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 12 of 17 8.2.4 Cost of the premiums for all insurance or bonds including Trade Contractor bonds which the Construction Manager is required to procure by this Agreement, or other insurance or bonds subsequently deemed necessary by the Construction Manager, and agreed upon by the City. The cost of insurance for the Construction Manager, trade contractors, and sub-subcontractors at any tier in the Work shall be excluded for any insurance to be provided by the City in accordance with Section 11. 8.2.5 Sales, use, gross receipt, or similar tax.es related to the Work imposed by any governmental authority and for which the Construction Manager is liable. 8.2.6 Building and operating permit fees, inspection and filing fees, sewer and water fees, and deposits lost for causes other than the Construction Manager's own negligence. If royalties or losses and damages, including cost of defense, are incurred which arise from a particular design, process or the product of a particular manufacturer or manufacturers specified by the City or Architect/Engineer, and the Construction Manager had no reason to believe there would be infringement of patent rights, such royalties, losses and damages shall be paid by the City and the GMP shall be adjusted by Change Order to compensate the Construction Manager for the increased costs. lfthe Construction Manager knows or should know that use of the particular design, process or product would infringe a patent(s) and fails to provide written notice to the City before using such design, process or product, then no royalties, losses, damages or defense costs arising from use of such design, process or product shall be a Cost of the Work. 8.2.7 Cost of removal and disposal of all debris including clean-up and trash removal. 8.2.8 Cost incurred due to an emergency affecting the safety of persons and/or property. 8.2.9 Legal costs reasonably and properly resulting from prosecution of the Work for the City provided, however, that they are not the result of the Construction Manager's own negligence or malfeasance. Legal costs incurred in connection with disputes solely between the Construction Manager and the City or incurred in connection with disputes solely between the Construction Manager and Trade Contractors are the responsibility of the Construction Manager and shall not be included in the Cost of the Work. 8.2.10 Cost to the Construction Manager of temporary electric power, lighting, water and heat required for the performance of the Work, or required to protect the Work from weather damage. 8.2.11 Cost to the Construction Manager of temporary safety-related protection including barricades and safety equipment, temporary roads and parking, dust control, pest control, installation and operation of temporary hoists, scaffolds, ladders and runways, and temporary project signs and costs of permits and fees pursuant to the Conditions of the Contract. ( '-. City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 200 I Page 13 ofl7 8.2.12 Cost of watchmen or similar security services. 8.2.13 Cost of surveys, measurements and layout work reasonably required for the execution of the Work or the requirements of the Agreement. 8.2.14 Cost of preparation of shop drawings, coordination plans, photographs, or as-built documents not included in Trade Contracts. 8.2.15 Cost of data processing services required in the perfonnance of the construction phase services as outlined in Paragraph 2.2. 8.2.16 All costs for reproduction of documents. 8.2.17 All costs directly incurred in the performance of. the Work and not included in the Construction Manager's Fee as set forth in Paragraph 7.2. 8.2.18 Cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen which are employed or consumed in the performance of the Work. 8.2.19 Rental charges of all necessary machinery and equipment, including hand tools used in the performance of the Work, whether rented from the Construction Manager or others, including installation, repairs and replacements, dismantling, removal, costs oflubrication, transportation and delivery costs. 8.2.20 Costs associated with setting up and demobilizing tool sheds, Project field offices, temporary fences, temporary roads, and temporary fire protection. 8.2.21 Attendance at meetings of the City Commission regarding the Project. Section 9: Changes in the Work 9.1 The City, without invalidating this Agreement, may order changes in the Work within the general scope of this Agreement consisting of additions, deletions, or other revisions. All changes in the Work shall be authorized as described in the General Conditions of the Contract. Except in cases of emergency endangering life or property, the Construction Manager shall allow no Changes in the Work without the prior written approval of the City. ( City of South Miami MUltipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 14 of 17 Section 10: Discounts 10.1 All quantity discounts shall accrue to the City. All trade discounts, rebates and refunds, and all returns from the sale of surplus materials and equipment shall be credited to the City. Section 11: Insurance 11.1 The Construction Manager shall provide insurance as required by the General Conditions of the Contract before commencing construction. Section 12: Miscellaneous Provisions 12.1 The City and Construction Manager respectively, bind themselves, "their partners, affiliates, successors, assigns and legal representatives to the other party to this Agreement and to the partners, aIfiliates, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither City nor Construction Manager shall assign this Agreement without the written consent of the other. 12.2 This Agreement shall be governed by the laws ofthe State of Florida. 12.3 The Construction Manager agrees that after completion of all Work under this Agreement and all Amendments thereto and prior to final payment, it will execute and deliver to the City an "Assignment of Anti-trust Claims" as shown in the Special Conditions of the Contract. 12.3.1 The Construction Manager also agrees that prior to final payment, it will cause each of its suppliers and Trade Contractors who have furnished services, goods, or materials in connection with the performance of this Contract, to execute and deliver to the City an "Assignment of Anti-trust Claims" in the same form as specified in Paragraph 12.3. 12.4 The Construction Manager warrants that it has not employed or retained any company or person (other than a bona fide employee working solely for the Construction Manager) to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation individual or firm (other than a bona fide employee working solely for the Construction Manager) any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 12.5 This contract may be unilaterally canceled by the City for refusal by the Construction Manager to allow public access to all documents, papers, letters, or other material made or received by the Construction Manager in conjunction with the contract. 12.6 As required by Section 287.133, Florida Statutes, the Construction Manager warrants that it is not on the convicted vendor list for a public entity crime committed within the past 36 months. The (" City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 200l Page 15 of 17 Construction Manager further warrants that it will neither utilize the services of, nor contract with, any supplier, subcontractor, or consultant in excess of$1 0,000.00 in connection 'with this Project for a period of 3 6 months from the date of their being placed on the convicted vendor list. 12.7 The liability of the City to the Construction Manager under this Agreement shall be limited to the GMP as described in Section 6, less any payments made to the Construction Manager. The City shall not be liable to Construction Manager for any damage, expense, obligation; penalty, attorney's fees or prejudgment interest, other than for amounts due under this Agreement. 12.8 The Construction Manager shall not file any liens against the ProJect. If the Construction Manager should breach of this provision the City may seek damages for, among other trungs, slander oftitle, fraudulent lien, and attorney's fees and costs. 12.9 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to informal mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Both parties waive the right to arbitration. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Miami-Dade County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 12.10 The City does not waive sovereign immunity, and shall not be liable for, the payment of attorney's fees, or prejudgment interest. 12.11 The representatives executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement. 12.12 The Construction Manager shall comply with the following Federal Regulations; 12.12.1 Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). 12.12.2 Copeland" Anti-Kickback" Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR Part 3). 12.12.3 Davis-Bacon Act (40 USC 276a to 276a-7) as supplemented by Department of Labor regula tions (29 CFR Part 5). 12.12.4 Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 16 of 17 12.12.5 Where applicable, all standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h), section 508 of the Clean water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 115). Section 13: Codes, Ordinances And Laws 13.1 The Construction Manager agrees to abide and be governed by all duly promulgated and published City, County, State and Federal codes, ordinances and laws in effect anhe time of design which have a direct bearing on the Work involved on this project. . Section 14: Entirety Of Agreement 14.1 This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 14.2 No alterations, changes, or modifications ofthe terms of this Agreement shall be valid unless made in writing and signed by both parties and incorporated as an Addendtun hereto. Section 15: Severability 15.1 If any provisions of this Agreement are found to be void and unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. IN WITNESS WHEREOF, this Agreement is accepted on the date first written above, subject to the terms and conditions set forth herein. Authority of Resolution No./O! ~O 1-II ~ l.[ 7 duly passed and adopted by the South Miami City Commission on July 24, 2001 ATfEST: ~az;,)~, In, / Ronetta Taylor, City cier" v CITY OF SOUTH :tv1IAMI By: d::fLJL Charles D. Scurr, City Manager (: I City of South Miami Multipurpose Center Phase 2 Construction Management Services Agreement July 2001 Page 17 ofl7 ArrEST: STATE OF FLORIDA ) CONSTRUCTION MANAGER: By: O~ ~L~ SS. Acknowledgment of City of South Miami COUNTY OF 1v1IA1vIT DADE) . I . The furego ing instrument was acknowledged befure me this $--,1\. day of ILl \ t ' 2001 by Charles D. Scurr, and Ronetta Taylor, City Manager and City Clerk respectively, of the ITY OF SOUIB 1v1IA11I, on behalf of the CITY, who are personally known to me. My Commission Expires: '31 {{( l(·3 STATEOFFLORIDA ) COUNTY OF tv1IAMI DADE) "d'" Nkenga PiY'!e ;~*My Commission CCii3306 ';'~",:I Expires Al.l9\Jit 16, 2003 SS. Acknowledgment of the Construction Manager The foregoing instrument was acknowledged before me this / 9 day of lu.L ,2001, by \-\.C'(\",,-e~of IDxM L-~n behalf of the Corporation. He/she is personally knovm ~ produced ___ (type of information), as identification. I "",~\"Mi£;. . -. -. EMILIA MAGU \t:fiJ. "1'~ MY COMMISSION 8 CC 875849 ';'!.... :~I EXPIRES: January 31, 2004 "l,'l..Jif.;fj:.,:'-' Ilo/IdOd Thru Notary Public Under\vritQfs My Conunission Expires: Notary Public, State off rida/, Print Name: 8L./ ( L. ~ 1-1 PJ I Commission No.: APPROVED AS TO FORM & CONTENT: <:!fZ1 b~ ~JI:r--= Earl Gallop, Esq., City Attorney RESOLUTION No. 101-01-11249 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXECUTE A CONSTRUCTION MANAGEMENT SERVICES AGREEMENT WITH DOOLEY & MACK CONSTRUCTORS, INC., FOR CONSTRUCTION MANAGER @ RISK SERVICES FOR THE PHASE TWO OF THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER AND PROVIDING AN EFFECTIVE DATE. WHEREAS. the Citv Commission desires to retain a qualified Construction , . Manager finn to provide Construction Management Services for phas~ two of the City of South Miami Multipurpose Center in Murray Park and \VHEREAS. pursuant to Florida Statute 287.055 the City published a Notice for Professional Services, and \VHEREAS, The City having followed the requirements established by Florida Statute for Acquisition of Professional Services for Architects and Engineers, recommended three top ranked firms in order of preference to the city Commission, and WHEREAS, The City Commission authorized the administration to negotiate an agreement for construction management services. including pre-construction services \vith the first ranked firm Dooley & Mack Constructors, Inc., and NOW, THEREFORE. BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH IvIIArvlL FLORIDA: Section 1: That the City Commission approve the proposed agreement as negotiated bet'ween the City and DooleI,' & Nlack Constructors. Inc. . . Section 2: That the approved and executed agreement is made a part of this resolution Section 3: This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 24thday of_---=-J_u-'-l'-"'-y ___ . 2001. ATTEST: / d-• /L~( , CITY CLERK " , .. J-. /'" READ AND APPROVED AS TO FORM: -4 I b .. (£:~C )/,./2- CITY ATTORNEY I APPROVED: /l ~r----j/. ~/ pi -.,.. .J-f'...c.£.& /(/;--(71-/./U::. / MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: 5-0 Yea Yea Yea Yea Yea SECTION 00700 GENERAL CONDITIONS FORM OF GENERAL CONDITIONS 1.01 AlA Document A201-1997, entitled "General Conditions of the Contract for Construction", attached, is the General Conditions between the Owner and Contractor; SUPPLEMENTARY CONDITIONS (SPECIAL PROVISIONS) 2.01 Selected sections of the General Conditions AlA Document A201-1997 are stamped "MODIFIED IN SPECIAL PROVISIONS". Refe'r to Section 00800 SUPPLEMENTARY CONDITIONS (SPECIAL PROVISIONS) for such amendments to the General Conditions, Performance Bond, and Payment Bond. END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 00700 -1 GENERAL CONDITIONS (THIS PAGE LEFT INTENTIONALLY BLANK) 1997 EDITION AlA DOCUMENT A10l-1997 General Conditions of the Contract for Construction TABLE OF ARTICL ES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. 8. 9. 10. 11. 12. 13. 14. CHANGES IN THE WORK TIME PAYMENTS AND COMPLETION PROTECTION OF PERSONS AND PROPERTY INSURANCE AND BONDS UNCOVERING AND CORRECTION OF WORK MISCELLANEOUS PROVISIONS TERMINATION OR SUSPENSION OF THE CONTRACT CAUTION : You should use an original AlA document wi th the AlA logo printed in red. A n original assures that changes Ivi ll not be obscured as may occur when document s are reproduced. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, ©1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will sub je ct the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document has been approved and endorsed by The Associated General Contractors of America. ©1997 AIA® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D .C. 20006-5292 I A ~Ug 0· ........ ·0 oCCO~ c:::::::J ©1997 AIA® AlA DOCUMENT AlOl-1997 G E NERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The Amer ican Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 INDEX Acceptance of Nonconforming Work 9·6.6,9·9·3,12.3 Acceptance of Work 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12·3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 4.2.3,10 Acts and Omissions p, 3·P, 3·12.8, 3·18, 4·2·3, 4.3.8, 404·1, 8·3·1, 9.5.1, 10.2·5,1304·2,13·7,14·1 Addenda 1.1.1, 3.11 Additional Costs, Claims for 4·3·4, 4·3· 5, 4·3·6, 6.1.1, 10·3 Additional Inspections and Testing 9·8·3,12.2.1,13·5 Additional Time, Claims for 4.304,4.3.7, 8·3·2 ADMINISTRATION OF THE CONTRACT 3·1.3,4,904,9·5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13,4.5.1 Allowances 3.8 All-risk Insurance 1104 ·1.1 Applications for Payment 4 .2 .5,7.3.8,9.2,9.3,904,9.5.1,9.6.3,9.7-1,9.8.5, 9·10, 11.1.3, 14·204, 14-4-3 Approvals 204,3.1.3,3.5,3.10.2,3.12 ,4.2.7,9.3.2,1304.2,13.5 Arbitration 4.3.3,404,4.5.1,4.5.2,4.6, 8·3·1,9-7-1,11.4·9,1104.10 Architect 4.1 Architect, Definition of 4·1.1 Architect, Extent of Authority 204,3.12 .7 ,4.2,4.3.6,404,5.2,6.3,7-1.2,7.3.6,704, 9.2,9.3.1,904,9.5,9.8.3,9.10.1,9.10.3,12.1,12.2.1, 13· 5·1, 13· 5.2, 14.2.2, 14.204 Architect, Limitations of Authority and Responsibility 2.1.1, 3.3.3, 3·1204, 3.12.8, 3.12.10, 4.1.2, 4.2 .1, 4·2.2, 4·2·3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4·2.13, 404, 5.2 .1, 704,9-4-2 ,9.604,9.6.6 Architect's Additional Services and Expenses 204,1104.1.1,12.2.1,13.5.2 ,13.5.3,14.204 Architect's Administration of the Contract 3·1.3,4.2, 4·}.4, 404, 904, 9·5 Architect's Approvals 204,3.1.3,3.5.1,3.10.2,4.2.7 Architect's Authority to Reject Work 3.5.1,4.2.6,12.1.2,12.2.1 Architect's Copyright 1.6 Architect's Decisions 4.2.6,4.2-7,4.2 .11,4.2.12,4.2.13,4.3-4,441,404.5, 4-4-6,4.5,6.3,7.3.6,7.3.8 ,8.1.3,8.3.1,9.2 ,904,9.5.1, 9.804,9.9.1,13.5.2,14.2 .2,14.204 Architect's Inspections 4.2.2,4.2.9,4.304,942,9.8.3,9.9.2,9.10.1,13.5 Architect's Instructions 3.2.3,3.3.1,4.2.6,4.2.7,4.2.8,704.1,12.1,13.5.2 Architect's Interpretations 4.2.11 ,4.2.12,4.3.6 Architect's Project Representative 4·2.10 Architect's Relationship with Contractor 1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3·2·3, 3·3·1, 304.2, 3.5.1, 3.7.3, 3·10, 3.11 , 3·12, 3·16, 3·18, 4·1.2, 4.1.3,4.2,4.3.4, 404 ·1,4-4-7, 5.2, 6.2.2,7, 8.3.1,9.2,9.3,904,9.5,9.7, 9.8,9.9, 10.2.6, 10.3, 11 .3, 11.4·7, 12, 13·4·2, 13.5 Architect's Relationship with Subcontractors 1.1.2,4·2·3, 4.204, 4·2.6, 9·6·3, 9·6.4> 11.4·7 Architect's Representations 904.2,9.5.1,9.10 .1 Architect's Site Visits 4.2.2,4.2.5,4.2-9,4.3-4,9-4-2,9.5.1,9-9.2,9.10.1, 13·5 Asbestos 10·3·1 Attorneys' Fees 3·18.1,9·10.2,10·3·3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 1.1.7, 5.2.1, 11.5.1 Boiler and Machinery Insurance 11.4.2 Bonds, Lien 9·10.2 Bonds, Performance, and Payment 703·604,9·6·7,9·10.3,11-4-9,11.5 Building Permit 3-7-1 Capitalization 1.3 Certificate of Substantial Completion 9·8·3,9·804,9·8·5 Certificates for Payment 4 .2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 9·10·3, 13 ·7, 14·1.1.3, 14·2-4 I WARNING: Unlicensed photocopy ing violates U.S. copyright laws and will subject the vio lator to legal prosecution. u ) Certificates of Inspection, Testing or Approval 13·504 Certificates of Insurance 9·10.2,11.1.3 Change Orders I.U, 241, 342, 3.8.2.3, 3.11.1, 3·12.8, 4·2.8, 4.304, 4·3·9, 5.2.3, 7-1, 7.2, n, 8.3.1,9.3.1.1,9.10.3, llA·1.2, 11.404,11.4.9, 12.1.2 Change Orders, Definition of 7.2 .1 CHANGES IN THE WORK 3.11, 4.2.8, 7,8.3.1,9.3-1.1,11.4.9 Claim, Definition of 4.3.1 Claims and Disputes 3.2.3,4.3,404,4.5,4.6, 6.1.1, 6·3, 7·3·8, 9·3·3, 9·1004, 10·3·3 Claims and Timely Assertion of Claims 4.6.5 Claims for Additional Cost 3.2.3,4.304, 4.3 .5, 4.3.6, 6.1.1, 7.3.8, 10·3·2 Claims for Additional Time 3.2.3, 4.304, 4.3 .7, 6.1.1, 8.3.2, 10.3.2 Claims for Concealed or Unknown Conditions 4.3.4 Claims for Damages 3.2.3,3.18,4.3.10 , 6.1.1, 8.3·3, 9.5.1, 9 .6.7, 10.3.3, 11.1.1,11.4·5,11.4·7,14·1.3,14·2·4 Claims Subject to Arbitration 441,4.5.1,4.6 .1 Cleaning Up 3.15,6·3 Commencement of Statutory Limitation Period 13 .7 Commencement of the Work, Conditions Relating to 2.2.1,3.2.1,304.1,3.7.1,3.10.1,3.12.6,4.3.5,5.2.1, 5.2.3,6.2.2,8.1.2,8.2.2,8.3.1,11.1,11.4.1,1146,11.5.1 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 1.6.1,3.4.1, 3.11, 3·15, 4.2.2, 4.2.9, 8.2,904.2 ,9.8, 9 .9.1,9.10 ,12.2,13.7,14.1.2 COMPLETION, PAYMENTS AND 9 Complet ion, Substant ia l 4·2·9, 8.1.1 , 8·1.3, 8.2.3,904.2,9.8,9-9.1,9.10.3, 9·1042,12.2, 13.7 Compli ance with Laws 1.6.1,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,448,4.604, 4.6.6,9.604,10.2.2, 11.1, 11.4, 13·1, 1304, 13.5.1, 13·5·2,13·6,14·1.1,14·2·1.3 Concealed or Unknown Conditions 4·304, 8.3.1, 10·3 Conditions of the Contract 1.1.1, 1.1.7, 6.1.1, 6.1.4 Consent, Written 1.6,342, 3.12.8, 3.14.2, 4·1.2, 4.304, 4·604, 9.3.2, 9.8.5,9.9.1,9.10.2,9.10.3,11.4.1, 13·2, 1304·2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4,6 Construction Change Directive, Definition of n·l Construction Change Directives 1.1.1, 3.12 .8, 4.2.8, 4.3.9, 7.1, 7.3, 9·3·1.1 Construction Schedules, Contractor's 141.2,3.10,3.12.1,3.12.2,4.3-7-2,6.1.3 Contingent Assignment of Subcontracts 5 .4,14.2.2.2 Continuing Contract Performance 4.3.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 504.1.1, 1149, 14 Contract Administration 3·1.3,4,904,9·5 Contract Award and Execution, Conditions Relating to 3.7.1,3.10,5.2,6.1,11.1.3,11.4.6,11.5 .1 Contract Documents, The 1.1, 1.2 Contract Documents, Copies Furnished and Use of 1.6,2.2·5,5·3 Contract Documents, Definition of 1.1.1 Contract Sum 3.8,4.304,4 .3.5,445,5.2.3,7.2, n, 704, 9 .1, 9 .4.2 , 9.5.1.4,9.6.7,9.7,10.3.2, llA·l, 14.204,14 .3.2 Contract Sum, Definition of 9·1 Contract Time 4.3-4,4.3.7,404.5,5.2.3,7.2.1.3,7.3,704,8.1.1,8.2, 8.3.1,9.5.1,9.7,10.3.2,12.1.1,14.3 .2 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction Schedules 141.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 Contractor's Employees 3.3.2,343, 3·8.1, 3·9, 3·18.2, 4 ·2·3, 4·2.6, 10.2, 10·3, 11.1.1, 11.4.7, 14.1, 14 .2.1.1, Contractor's Liability Insurance 11.1 WARNING : Unlicensed photocopying violates U.S. copyr ight laws and w ill subject the vio lator to lega l prosecut ion. I 9111 ~. .0 o. .0 0· ..... ".·0 o D::::Jl~ c:::::=J ©1 997 A 1 A® AlA DOCUMENT A201-1997 G ENE RA L CON DITI ONS O F TH E CO N TRAC T FOR CO NSTRUCTI ON Th e American Inst i tute of A rchitec t s 1735 New Yo r k Avenue. N.W. W ash in gton. D.C. 20006-5292 I alii "'. .0 o. .<:> 0','''''','0 o a::::::o ~ c:::::::J ©1997 AIA® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5,3.14.2,4.204,6,11-4.7,12.1.2,12.204 Contractor's Relationship with Subcontractors 1.2.2,3·3·2, 3.18.1, 3.18.2,5,9.6.2,9.6.7,9.10.2, 1104·1.2, 11-4-7, 11.4·8 Contractor's Relationship with the Architect 1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3·2·3, 3.3.1, 304.2, 3.5.1, 3-7-3,3·10, 3·11, 3.12, 3·16, 3·18, 4·1.2, 4·1.3, 4·2, 4·304, 404.1,4-4-7,5.2,6.2.2,7,8.3.1,9.2,9.3,904, ·5,9·7, 9 ·8,9·9,10.2.6,10·3,11·3,11.4·7,12,1304·2,13·5 Contractor's Representations 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1,10 Contractor's Review of Contract Documents 1.5.2,),2,3-7-3 Contractor's Right to Stop the Work 9 ·7 Contractor's Right to Terminate the Contract 4.3.10, 14·1 Contractor's Submittals 3·10,3·11, 3·12, 4·2 ·7, 5.2.1, 5.2.3, 7·3·6, 9·2, 9·3, 9.8.2,9.8.3,9.9.1,9.10,2,9.10.3,11.1.3,11.5.2 Contractor's Superintendent 3·9,10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 304, 3·12.10, 4·2.2, 4·2·7, 4.3.3, 6·1.3, 6.204, 7·1.3,7·304,7·3·6,8.2,10,12,14 Contractual Liability Insurance 11.1.1.8,11.2,11.3 Coordination and Correlation 1.2,1.5.2,3.3.1,3.10,3.12.6,6.1.3,6.2.1 Copies Furnished of Drawings and Specifications 1.6 , 2.2.5, 3.11 Copyrights 1.6,3.17 Correction of Work 2.3,204,3.704,4.2.1,9-4-2,9.8.2,9.8.3,9.9.1,12.1.2, 12.2,13·7·1.3 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7·3·6 Costs 2-4,3·2·3, 3-7-4, 3·8.2, 3.15.2, 4·3, 5-4-2, 6.Ll, 6.2·3, 7·3·3·3,7·3·6,7·3·7,7·3·8,9·10.2,10·3·2,10·5,11·3, 11.4,12 .1,12.2.1,12 .204,13 ·5,14 Cutting and Patching 6.2·5,3.14 Damage to Construction of Owner or Separate Contractors 3.14 .2,6.204,9.2.1.5,10.2.1.2,10.2.5,10.6, ILl, 11.4, 12.2-4 Damage to the Work 3·14·2,9·9 ·1,10.2.1.2,10.2·5,10.6,11.4,12.2-4 Damages, Claims for 3·2·3,3·18,4·3·10, 6.Ll, 8·3·3, 9.5.1, 9·6.7, 10·3·3, 11.J.J, 11.4.5, 11.4·7, 14·1.3, 14·204 Damages for Delay 6.J.J, 8.3.3, 9·5·1.6, 9.7,10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8·1.3 Day, Definition of 8·1.4 Decisions of the Architect 4 .2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.304,4-4-1,4-4.5, 404.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,904,9.5.1, 9.8-4,9.9.1, 13.5 .2, 14·2.2, 14·204 Decisions to Withhold Certification 9-4-1,9.5,9.7,14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3,2-4,3.5.1,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6,9.8.2, 9·9·3,9·1004,12.2.1, 13·7·1.3 Defective Work, Definition of 3.5 .1 Definitions Ll, 2.Ll, 3.1, 3.5.1, 3·12.1, 3·12.2, 3.12.3, 4·1.1, 4.3.1, 5.1, 6.1.2,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1 Delays and Extensions of Time 3.2 .3,4.3.1,4.304,4.3.7,404.5, 5·2·3, 7·2.1, 7·3·1, 704·1, 7.5.1,8.3,9.5.1,9.7.1,10.3.2,10.6.1,14.3-2 Disputes 4.1.4,4.3,404,4.5,4.6 ,6.3,7.3.8 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 1.1.1,1.3, 2.2·5, 3.11 , 5.3 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 4·3·5,10.6,14·1.1.2 Employees, Contractor's 3·3·2,3·4·3,3·8.1, 3-9, 3.18.2, 4.2.3, 4·2.6, 10.2, 10·3, 11.1.1,l1A·7,14·1,14·2.Ll Equipment, Labor, Materials and 1.1.3,1.1.6, 304, 3.5.1, 3·8.2, 3·8·3, 3·12, 3-13, 3.15.1, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6,9.3.2,9.3.3,9.5.1.3, 9.10.2, 10.2.1, 10.2-4, 14.2.1.2 Execution and Progress of the Work 1.1.3,1.2.1, 1.2.2, 2.2·3, 2.2·5, 3·1, 3·3, 3.4, 3·5, 3-7, 3·10,3·12, 3·14, 4.2.2, 4·2·3, 4·3·3, 6.2 .2,7·1.3,7·304, 8.2,9.5,9-9.1, 10.2, 10.3,12.2,14.2,14.3 Extensions of Time 3.2 .3,4.3.1, 4·304, 4·3-7, 404·5, 5.2.3, 7·2.1, 7·3, 704.1, 9.5.1,9-7-1,10.3.2,10.6.1,14.3.2 Failure of Payment 4 .3.6,9.5.1.3,9.7,9.10 .2 ,14.1.1.3,14.2 .1.2,13.6 I W"."G , """,,',," ,h_."", " .... , 05 <."'.',, "W, ,,' wttl "bjK' .. , ,','"., .. 'og" ,~"""". Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1 ,4.2.9,4.3.2,9.8.2,9.10,11.1.2,11.1.3,1141, 1145,12.3.1,13.7,14.204,1404.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14·1.1. 5 Fire and Extended Coverage Insurance 11.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.204, 10.3, 10.5 Identification of Contract Documents 1.5·1 Identification of Subcontractors and Suppliers 5·2.1 Indemnification 3.17,3.18,9.10.2,10.3.3, 10.5, 11.4·1.2, 11.4.7 Information and Services Required of the Owner 2.1.2,2.2,3.2.1,3.1204,3.12.10,4.2.7,4.3.3,6.1.3, 6 .1.4,6.2.5,9.3.2,9.6.1,9.604,9.9.2,9.10.3,10.3.3, 11.2,11.4,13.5.1,13-5.2,14.1.1.4,14.1.4 Injury or Damage to Person or Property 4.3.8, 10.2, 10.6 Inspections 3·1.3, 3·3·3, 3·7·1, 4·2.2, 4.2.6, 4·2·9, 9.4.2, 9·8.2, 9·8·3, 9.9.2, 9·10.1, 12.2.1, 13· 5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3-2.3, 3·3·1, 3.8.1, 4·2.8, 5.2.1, 7, 12, 8.2.2, 13· 5.2 Insurance 3·18.1, 6.1.1, 7 .3.6, 8.2.1,9.3.2,9.804,9.9.1,9.10.2, 9·10·5,11 Insurance, Boiler and Machinery 11.4·2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2,11.1.2 Insurance, Loss of Use 11.4·3 Insurance, Owner's Liability 11.2 Insurance, Project Management Protective Liability 11.3 Insurance, Property 10.2·5,11.4 Insurance, Stored Materials 9.3.2, 11.4·1·4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9-9 ·1, 11.4·1.5 Insurance Companies, Settlement with 11410 Intent of the Contract Documents 1.2.1,4.2.7,4.2.12,4.2.13,704 Interest 13·6 Interpretation 1.2 .3,1.4, 4.1.1, 4.3.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written 4·2.11, 4·2.12, 4.3.6 Joinder and Consolidation of Claims Required 4·604 Judgment on Final Award 4 .6.6 Labor and Materials, Equipment 1.1.3,1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, 42 .6,4.2.7,5.2.1,6.2.1,7.3.6,9.3.2,9.3.3,9.5.1.3, 9.10.2, 10 .2.1, 10 .204 ,14.2.1.2 Labor Disputes 8·3·1 Laws and Regulations 1.6,3·2.2,3·6, 3.7, 3·12.10, 3·13, 4·1.1, 448, 4·6, 9.604,9.9 .1,10.2.2,11.1,11.4,13.1,1304,13.5.1,13.5.2, 13·6,14 Liens 2.1.2,4·4 ·8, 8.2.2,9.3.3,9.10 Limitation on Consolidation or Joinder 4.6.4 Limitations, Statutes of 4·6·3,12.2.6, 13.7 Limitations of Liability 2.3,3.2.1,3.5.1,3.7.3,3.12 .8,3.12.10,3.17,3.18,4.2.6, 4.2.7,4.2.12 , 6.2.2,94 2,9.604,9.6 .7 ,9.1004, 10 .3.3, 10.2.5,11.1.2,11.2.1,1104.7,12.2.5,1304.2 Limitations of Time 2.1.2,2 .2,204,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 4.2.7,4.3,404,4.5,4.6,5 .2,5.3,5.4,6.204,7.3,704, 8.2,9.2,9.3.1,9.3.3,941,9.5,9.6,9.7,9.8,9.9, 9.10 ,11.1.3,11.4.1.5,114 6 ,1104.10,12.2,13.5,13.7,14 Loss of Use Insurance 11.4.3 Material Suppliers 1.6,3.12.1,4.204,4.2.6,5.2.1,9.3,904.2,9.6,9.10.5 Materials, Hazardous 10.204, 10 .3, 10·5 Materials, Labor, Equipment and 1.1.3,1.1.6,1.6.1,304,3.5.1,3.8.2,3.8.23,3.12,3.13, 3.15.1,4.2.6,4.2.7, 5·2.1, 6 .2.1, 7·3·6, 9.3.2, 9 .3.3, 9.5 .1.3,9.10.2, 10.2.1, 10.204, 14.2 .1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3·3 ·1,3·12.10,4·2.2, 4.2.7,942 Mechanic's Lien 448 WARNING : Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I alii ". .0 o. .<> 0· ... " ... ·0 o~~ c:=::::J ©1997 AIA® AlA DOCUMENT A201·1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I 8111 <:>. .0 <>. .<> 0· ........ ·0 o a::::::o~ c:::::::J ©1997 A I A® AlA DOCUMENT A201-1997 GENERA L COND I T I ONS OF T H E CONTRACT FOR CONS TRUCT I ON The Amer ican Inst itute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Mediation 4A-l, 4A-5, 4A-6, 4A-8, 4.5, 4·6.1, 4·6.2, 8.3.1, 10·5 Minor Changes in the Work 1.1.1,3.12.8,4.2.8,4.3.6,7.1,7.4 M ISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1,1.1.2, 3.7.3, 3.11, 4·1.2, 4·2.1, 5.2.3, 7, 8·3·1,9·7, 10.3.2, 1104.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9·6.6,9-9·3,12.3 Nonconforming Work, Rejection and Correction of 2·3,2-4, 3.5.1, 4.2.6, 6.2.5,9.5.1,9.8.2,9.9.3,9.10 04, 12.2.1,13·7·1.3 Notice 2.2.1,2.3,2.4,3.2.3,3.3.1,3.7.2,3.704,3.12.9,4.3, 4A-8, 4.6·5, 5.2.1, 8.2.2,9·7,9·10,10.2.2, 1l·1.3, llA-6, 12.2.2, 12.204, 13.3, 13.5.1, 13.5.2, 14.1, 14.2 Notice, Written 2.3,2-4,3.3.1,3-9,3.12 -9,3.12 .10,4.3, 4A-8, 4·6·5, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, llA-6, 12.2.2,12.204,13.3, 14 Notice of Testing and Inspections 13 .5.1,13.5.2 Notice to Proceed 8.2.2 Notices, Permits, Fees and 2.2.2,3.7, 3.13, 7.3.604, 10.2.2 Observations, Contractor's 1.5.2 ,),2,3.7.3,4.304 Occupancy 2.2.2,9·6.6,9·8,11.4·1.5 Orders, Written 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12 .2, 13.5 .2, 14·3 ·1 OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the 2.1.2,2.2, 3.2.1, 3.1204, 3.12.10, 4.2 .7, 4.3.3, 6·1.3, 6.1.4,6.2.5,9.3.2,9.6.1,9.604,9.9.2,9.10.3,10.3.3, 11.2,11.4,13.5.1,13.5.2,14.1.1.4,14.1.4 Owner's Authority 1.6, 2.1.1, 2.3, 204, 304.2, 3.8.1, 3.12.10, 3.14.2, 4·1.2, 4.1.3,4.2 04,4.2.9, 4·3·6, 4A-7, 5.2 .1, 5.204, SA-I, 6.1,6.3,7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2,9.5.1, 9.9.1,9.10.2, 10.3.2, ll.1.3, 11.3.1, 11.4.3, 11A-1O, 12.2.2,12.3.1,13.2.2 ,14.3,1404 Owner's Financial Capability 2.2.1,13.2 .2,14.1.1.5 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.4·3 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 504,9.604,9·10.2, 14.2 .2 Owner's Right to Carry Out the Work 2 .4, 12.2A-14 .2.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14·3 Owner's Right to Terminate the Contract 14·2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1,1.6,2.2.5,3.2.1,3.11.1,3.17.1,4.2.12,5.3 Partial Occupancy or Use 9.6.6,9.9, llA-1.5 Patching, Cutting and 3.14,6.2·5 Patents 3.17 Payment, Applications for 4 .2.5 ,7.3.8,9.2 ,9.3,904,9.5.1,9.6.3,9.7.1,9.8.5, 9.10.1,9.10.3,9.10.5, 11.1.3, 14.204, 14·4·3 Payment, Certificates for 4.2.5,4.2-9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 9.10.3,13-7, 14·1.1.3, 14·2-4 Payment, Failure of 4.3.6,9.5.1.3,9.7,9.10 .2,14.1.1.3,14.2.1.2,13.6 Payment, Final 4.2.1,4.2.9, 4.3.2,9.8.2,9.10,11.1.2, 11.1.3, llA-l, 11A-5, 12·3·1, 13·7, 14·2-4, 14A-3 Payment Bond, Performance Bond and 7·3·604,9·6·7,9·10·3,11.4·9,11.5 Payments, Progress 4.3.3,9.3,9.6,9.8.5,9.10.3, 13·6, 14.2 .3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 504.2 ,9.5.1.3,9.6.2,9-6.3,9.604,9.6 .7,11.4.8, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.6 04,9.6.7,9.10.3,11.4.9,11.5 Permits, Fees and Notices 2.2.2,3.7,3.13,7.3.6 04,10.2.2 PERSONS AND PROPERTy' PROTECTION OF 10 Po lych lorinated Biphenyl 10 .3.1 I WARNING: Un licensed photocopying violates U.S. copyright laws and w ill subject the violator to lega l prosecution. u Product Data, Definition of 3·12.2 Product Data and Samples, Shop Drawings 3.11, 3.12,4.2.7 Progress and Completion 4.2.2, 4.3.3,8.2,9.8,9.9.1, 14·1.4 Progress Payments 4.3.3,9.3,9.6,9.8.5,9.10.3,1).6,14.2.3 Project, Definition of the 1.1.4 Project Management Protective Liability Insurance 11.3 Project Manual, Definition of the 1.1.7 Project Manuals 2.2·5 Project Representatives 4.2 .10 Property Insurance 10.2 ·5,11.4 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.6, 3.2.2, 3·6, 3.7, 3·12.10, 3.13, 4·1.1, 4-4·8, 4·6, 9.6-4,9.9.1,10.2.2, Il.l, 11.4, 13.1, 13-4, 13.5.1, 13.5.2, 13·6,14 Rejection of Work 3.5.1,4.2.6, 12.2.1 Releases and Waivers of Liens 9.10 .2 Representations 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9-4.2,9.5.1, 9.8.2,9.10 .1 Representatives 2.Ll, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13·2.1 Resolution of Claims and Disputes 4.4,4·5,4·6 Responsibility for Those Performing the Work 3.3.2,3.18,4.2.3,4.3.8,5.3.1, 6·1.3, 6.2, 6.3,9.5.1, 10 Retainage 9.3.1,9.6.2,9.8 .5,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Conditions by Contractor 1.5·2,3.2, 3.7.3, 3·12.7, 6·1.3 Review of Contractor's Submittals by Owner and Architect 3·10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6,4.3-4,4.5,4.6,5.3, 5-4,6.1,6.3,7.3.1,8.3,9.5 .1,9.7,10.2.5,10.3,12.2 .2, 12.2 ·4, 13·4, 14 Royalties, Patents and Copyrights 3·17 Rules and Notices for Arbitration 4·6.2 Safety of Persons and Property 10.2,10.6 Safety Precautions and Programs 3.3.1,4.2.2,4.2.7,5.3.1,10.1,10.2,10 .6 Samples, Definition of 3.12 .3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2,9.3.1 Schedules, Construction 1.4·1.2, 3.10, 3.12.1, 3·12.2, 4.3-7-2, 6·1.3 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2-4, 4·2·7, 4·6-4, 6, 8·3·1, 11-4-7, 12.1.2, 12.2.5 Shop Drawings, Definition of 3.12 .1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 1.2.2,3.2.1,3.3.3,3-7-1,4.2,4.3-4,9-4.2,9.10.1,13.5 Site Visits, Architect's 4.2.2,4.2.9,4.3-4,9-4-2,9.5.1,9.9.2,9.10.1, 13·5 Special Inspections and Testing 4.2.6,12.2.1,13.5 Specifications, Definition of the 1.1.6 Specifications, The I.Ll, 1.1.6,1.1.7,1.2.2,1.6, 3.11, 3.12.10, 3.17 Statute of Limitations 4.6.3, 12.2.6, 13.7 Stopping the Work 2.3,4.3.6,9.7, 10.3, 14·1 Stored Materials 6 .2.1,9.3.2, 10.2.1.2, 10.2-4, 11-4-1.4 Subcontractor, Definition of 5·Ll SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2,3.3.2,3.12.1,4.2.3,5.2.3, 5·3, 5-4, 9·3·1.2, 9·6.7 Sub contractual Relations 5.3,5-4,9.3.1.2,9.6,9.10 10.2.1, 11.4.7, !l-4.8, 14·1, 14·2.1, 14.3.2 Submittals 1.6,3.10,3.11,3.12,4.2-7,5.2.1,5.2.3,7.).6,9.2,9.3, 9.8,9.9.1,9.10.2,9.10.3,11.1.3 Subrogation, Waivers of 6.1.1, 11.4.5, 11.4.7 Substantial Completion 4.2.9, 8.l.!, 8.1.3, 8.2.3,9-4-2,9.8,9.9.1,9.10.3, 9.10-4-2, 12.2, 13.7 Substantial Completion, Definition of 9·8.1 WARNING : Unlicensed photocopying violates U.S. copyrighllaws and will subjeclthe violator to legal prosecution. I ©1997 AIA® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 I 9111 <>. .0 o. .0 0· ..... ".·0 o a:::::;o ~ c:::=:J ©1997 A IA® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Substitution of Subcontractors 5.2 .3, 5.2 04 Substitution of Architect 4.1 ·3 Substitut ions of Materials ).4.2,3.5.1,7.3.7 Sub-subcontractor, Definition of 5·1.2 Subsurface Conditions 4·).4 Successors and Assigns 13.2 Superintendent 3.9, lO.2.6 Supervision and Construction Procedures 1.2.2,3.3,304, 3.12.lO, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.204, 7·1.3, 7·3 ·6, 8.2, 8.3.1,904.2, lO, 12, 14 Surety 404·7,5-4-1.2,9·8·5, 9·lO.2, 9.lO .3, 14.2.2 Sure ty, Consent of 9.10.2,9·lO·3 Surveys 2.2·3 Suspension by the Owner for Convenience 14.4 Suspens ion of the Work 5-4-2,14.3 Suspension or Termination of the Contract 4.3.6,5-4-1.1, 11.4·9, 14 Taxes 3.6, 3.8.2.1,7.3.604 Termination by the Contractor 4·3·lO,14.1 Termination by the Owner for Cause 4.3.lO, 504.1.1, 14.2 Termination of the Architect 4·1.3 Termination of the Contractor 14·2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections TIME 3.1.3,3.3.3,4.2.2, 4·2.6, 4.2.9, 9-4-2, 9 ·8·3, 9.9.2, 9.lO .1, lO.3.2, 11-4-I.I , 12.2.1,13.5 8 Time, Delays and Extensions of 3.2.3,4.3.1,4.304,4.3.7,4-4-5,5.2.3,7.2.1,7.3.1, 7-4-1,7.5 .1,8.3,9.5.1,9-7-1, lO.3.2, lO.6.1, 14.3.2 Time Limits 2.1.2,2.2,204,3·2.1,3·7·3, 3.lO, 3·11, 3.12.5, 3.15.1, 4.2,4.3,4.4,4.5,4.6,5.2,5.3,504,6.204,7.3,704, 8.2,9.2,9.3.1,9.3.3,9-4-1,9.5,9.6,9.7,9.8,9.9, 9·lO, 11.1.3, 11.4·1.5, 11-4-6, 11-4-lO , 12.2, 13·5, 13.7, 14 Time Limits on Claims 4.3.2,4·).4 ,4·3·8,404,4·5,4·6 Title to Work 9·3·2,9 ·3·3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4·304,8·3·1,10·3 Uni t Prices 4·3·9,7·3·3-2 Use of Documents 1.1.1, 1.6, 2.2.5, 3.12 .6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2,9.3.1 Waiver of Claims by the Architect 13-4-2 Waiver of Claims by the Contractor 4·3·10,9·10·5, 1147, 13-4-2 Waiver of Claims by the Owner 4·3·lO, 9-9·3, 9·lO·3, 9·lOA, 11.4·3,11.4·5, 11-4-7, 12.2.2.1, 13-4-2, 14 .2 04 Waiver of Consequential Damages 4.3.10, 14.204 Waiver of Liens 9·lO.2,9·IOA Waivers of Subrogation 6.1.1, 11-4-5, 11.4.7 Warranty 3.5,4.2.9,4.3.5.3,9.3.3,9.804,9.9.1, 9.lOA, 12.2.2, 1}.7 ·1.3 Weather Delays 4.3.7.2 Work, Definition of 1.1.3 Written Consent 1.6, 304.2, 3.12.8, 3.14.2, 4·1.2, 4·304, 4.604, 9.3.2, 9.8.5,9-9.1,9.10.2, 9·lO·3, 11-4-1, 13·2, 13-4.2 Wri tten Interpretations 4·2.11, 4.2.12, 4.3.6 Written Notice 2·3,204,3·3·1,3·9,3·12·9, 3·12.lO, 4·3, 404·8, 4·6·5, 5.2.1,8.2.2,9.7, 9.lO, lO.2.2, 10·3, 11.1.3, 1104.6, 12 .2.2, 12.204,13.3,14 Written Orders 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4·9, 12.1, 12.2, 13.5.2, 14·3·1 ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and 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 Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitati on to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. The Architect shall , however, be entitled to performance and enforcement of obligations under the Contract intended to faci litate performance of the Architect's duties. 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requi re- ments for materials, equipment, systems, standards and workmanship for the Work, and perfor- mance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is a vo lum e assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Co ntract Documents are WARNING : Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I M ~~g 0· ... "".·0 o~~ c::::::J ©199 7 AIA® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N .W. Washington, D.C. 20006-5292 I complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS J .?,J .L m , ~ n. ;nents shall be signed by the Owner and Contractor. If either the ~Q.QJ61~~Nc tor or bo h do not sign all the Contract Documents, the Architect shall identify SPEC~~~ 1fIfifsv1Sf(j~nts pon request. alii <). .0 o. .0 0-.'''1>1.-0 oa::::o~ c::=:::J ©1997 A1A® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consu lt ants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contracto r's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in u u the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved rights. ARTICLE 2 OWNER 2.1 GENERAL 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Subparagraph 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the written request of the Contractor, prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. After such evidence has been furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. 2.2.2 Except for permits and fees, including those required under Subparagraph 3.1.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Arly other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in WARNING : Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I nlll '<:>. .0 O. .0 0',""",'0 o~~ c:=:::::J ©1997 AIA® AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ©1997 AIA® AlA DOC UMENT Al01-1997 G ENERAL CON DITIO NS OF TH E CON TRAC T FOR CONSTR UCT I ON The Amer ican Institute of Arch itects 1735 New York Aven ue, N.W. Wash i ngton, D.C. 20006-5292 accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period 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 such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3 .2 .1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents re lative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.3, shall take field measurements of any existing conditions re lated to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Arc hitect as a request for information in such form as the Architect may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifica ll y provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor sha ll be reported promptly to the Architect. I W,""'G, ""'"',,' ,ho'ocopyl" ,10 '"'' ".,. "py","' ',w, ,,' will ,"bj~' >h. ,10'"'' " , ... ' ,ro~~lo,. ) 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3-7-If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Con- tractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract WARNING :unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I ~ ~Hg 0·.···".·0 oa:::o~ I===::J ©1997 AIA® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 I ilill 1:>. .0 O . .<> 0'.""".'0 o a:::;o~ c:::::::J ©1997 A I A® AlA DOCUMENT A201-1997 G ENE RA L CO N D ITI O N S OF T H E CONT RACT FOR CONSTRUCT I ON The Amer ican Inst i tute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment 3.6 3 .6.1 the C 3.7 or negotiations concluded, rml s and governmental fees, licenses and inspections 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; .3 whenever costs are more than or less than allowances, the Contract Sum shall be ad justed accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.1 and (2) changes in Contractor's costs under Clause 3.8.2.2. 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. u 3.10 3.10.1 The Contractor, prom the Owner's and sched under the Contract Documents, shall be revised at e conditions of the Work and Project, shall be related to the 'equired by the Contract Documents, and shall provide for expeditious execution of the WC\!:J..-- ~ep urrent, for the Architect's approval, a schedule of ctor's construction schedule and allows the 111 general accordance with the most recent 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by WARNING : Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I A ~Ug ,0-. '"III .-0 oa:::::;o~ c=::J ©1997 A I A® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American In st itute of Archi t ects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I A ~H.g 0· ... "".·0 oa::::::o~ c::::::::J ©1997 AIA® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (I) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in wntmg or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required . by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal sha ll appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals re lated to the Work designed or certified by suc h professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Arch itect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approva ls performed by such design professionals, provided the Owner and Arc hitect have specified to the Contractor all performance and design criteria that such services must sa ti sfy. Pursuant to this Subparagraph 3.12 .10 , the Arc hitect will review, approve or take oth er appropriate action o n submittals on ly for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Document s. The Contractor sh all not be responsible for th e adequacy of the performance or design criteria required by the Contract Doc um ents. I W"",",, ""Ii,,,,,, ph~oopv'"' ,", .. " Ii .'. "pv"'" ',W, '"' will "bj&I iii, ,'" .. ,," ,,',' PI"''''''" u 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES, PATENTS AND COPYRIGHTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Paragraph 11.3, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by tb~;-:l or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I ~ ~Hg 0 -."''''.-0 o a::::;cs.;::, c:=::::::I ©1997 A1A® AlA DOCUMENT AlOI-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCT I ON The American Institute of Arch i tects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I 11111 ~. .0 <>. .<> 0· ..... ·.·0 oa:::o~ c:::::::::J ©1997 A I A® AlA DOC UMENT AlOl-1997 G EN ERA L CON DITI O N S OF T H E CO NTR AC T FOR CO NSTRU CT I ON The Amer ican In stitute of Arc hi tects 1735 New York Avenue, N .W. Was hi ngt on, D.C. 20006-5292 construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Subparagraph 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be an Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one-year period for correction of Work described in Paragraph 12.2. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibi lities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Su bcontractors, or their agents or employees, or any other persons or entities performing portions of t h e Work . u u 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or re lating to the Contract. Communications by and with the Architect's consu lt ants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Subparagraphs 13-5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. 4.2.7 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 the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3-3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7-4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. WARNING: Unlicensed photocopying violates u.s. copyright laws and will subject the violator to legal prosecution. I alii '='. .0 o. .0 0· ..... ".·0 o a:::;Q.;:s c:::::::J ©1997 A1A® AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 nil I <>. .0 o. .0 0.-."'''',-0 o~~ c::::=:J ©1997 AIA® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right , adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Co ntract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Time Limits on Claims. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Architect and the other party. 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Subparagraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is ju stified, the Architect sha ll so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract T im e sha ll be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, sub ject to further proceedings pursuant to Paragraph 4-4. 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. 4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.). 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.10 M,QQl fJF ~o!ti quential p amages. The Contractor and Owner waive Claims against esP~t.o~VJ.S «O :fiISa m ges arising out of or relating to this Contract. This mutual .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for lo sses of financing, business and repu- tation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Noth ing contained in this Subparagraph 4.3.10 shall be deemed to preclude an award of liquidated direct damages, when applicabl e, in accordance with the requirements of the Contract Documents. 4.4 M a~lN~ ~~LAIMS A D DISPUTES ~~E c J9t'Ei ~oV~NS . C aims, including those all eging an error or om1SSlOn by the t. '"i . "0 .. 'w~ ~, ising under Paragraphs 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a WARN ING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I aliI ~. .0 o. .0 0',"''''.'0 oa::::o~ ~ ©199 7 AIA® AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I 11111 '>. .0 O. .0 0· ........ ·0 oCCJ:!j~ c:::::::J ©1997 AIA® AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than er. 4.4.2 T ~S?r9HfJa Q,i /Neview Clai TIS and within ten days of the receipt of the Claim take one or ~ciG:I¢\b.e fR:FIJ~l$PON : (1) request additional supporting data from the claimant or a response WI . he other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 MOJillFallili?dfMms, the A chitect may, but shall not be obligated to, consult with or seek is''Eef~E. ~r3'm~1$ or rom persons with special knowledge or expertise who may ,s;s.i..st--t,R@ Arc hit€€t it> ffl tffie.l'i-ng-a ecision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 MGDt.FCHIt9:tI Nquests a p rty to provide a response to a Claim or to furnish additional s ~~e~~tJSlfb'~ll re pond, within ten days after receipt of such request, and shall . .'. requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished . Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. 4.4.5 tr119 2-~~t teR ~% approve ( r reject Claims by written decision, which shall state the rea- &s'R eC~ALr MG.rVil$I!lUtlS lOti the parties of any change in the Contract Sum or Contract lIme or Doth. 1 he approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration. 4 .4.6 \MOt OIW4lBID1 IN:ision of t e Architect states that (1) the decision is final but subject to rnsPf!erA d p ' . ~·1l.n and J 2) a emand for arbitration of a Claim covered by such decision --'~~~~aaJ~~llIL!n~f?r..!~~~~e~l:..:J· t e date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all arties c 4.4.7 ~~9Jfel~t~;~Claim agai st the Contractor or at any time thereafter, the Architect or t h$~i6tlAia f,'6Ui)WISIQ!N~ted 0, notify the surety, if any, of the nature and amount of the 1e aIm re ates to a possibility of a Contractor's default, the Architect or the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.4.8 I M <eQMi I ~gt JN o or is th subject of a mechanic's lien, the party asserting such Claim rr$AffetAli rM0~~S40N$ ap licable law to comply with the lien notice or filing deadlines L.....-r.".;,n,-m-rt"'<:,..,.n.rtTr.".,..'l"l'f1"lTl"""f~m.,.-m-t'h e Architect, by mediation or by arbitration. 4.5 lated to the Contract, except Claims relating to aesthetic ~~;J..;;l,WJ,~L..t:.j,.ll..l.u..u~~w;,u....iJ.::i..J,l~Ill·ded for in Subparagraphs 4.3.10,9 .1004 and 9.10.5 shall, after initial decision by the Architect or 30 days after submission of the Claim to the Architect, be I WARNI,G , """,,",,' ,hom""," •• ",.re. "' """&h' ,.w ... , will <obj." Ih •• ",.re, re '.g.' ,.",ill',.. subject to mediation as a condition precedent to arbitration or the institution of lega l or equitable proceedings b either Jart . 4.5.2 ¥l1q ~lftl~~h l~ endeavor resolve their Claims by mediation which, unless the parties £drtliiD.~~·J?St.(k~!Q M~h e i accordance with the Construction Industry Mediation Rules o le mencan r itration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, un less stayed for a longer period by agreement of the parties or court order. 4.5.3 ~tfe~~li~1are the m diator's fee and any filing fees equally. The mediation shall b tS1D~<!n.rl£ JlPiR~~(D.NI5lojec is located, unless another location is mutually agreed upon . ~". ;11 1I1l:u i ':Il iul! S lall be enforceable as settlement agreements in any court having jurisdiction thereof. 4.6 elated to the Contract, except Claims relating to aesthetic ided for in Subparagraphs 4.3.10,9.10-4 and 9.10.5, shall, after decision by the Architect or 30 days after submission of the Claim to the Architect, be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Paragraph 4.5 . 4 .6.2 cMgPJ&I ~B I~~ by media ion shall be decided by arbitration which, unless the parties m Sf?cfBe*eR:fil@V IS I@N$be accordance with the Construction Industry Arbitration ~'TI+=-"!"'rfo"Tk'l'""l'r"mr'l"M"~~'IiT!~7'm-tl ssociation currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.6.3 M.o~hlfJiiJfo~rbitration hall be made within the time limits specified in Subparagraphs ~rAl:!'~R0Rtl1~S1d i other cases within a reasonable time after the Claim has arisen, L"':.owQ4~+e-e¥i~~taill-Tt11e'"TI1rrrrtM!fter the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13-7- 4 .6.4 MGQ lk>lEDt lNnsolidatio ~ or Joinder. No arbitration arising out of or relating to the <sPl:et~ta 1pProV fS rof3>Ssoli( ation or joinder or in any other manner, the Architect, the i :h' , _} :1 s, except by written consent containing specific reference to the Agreement and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined . No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contractor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifica ll y enforceable under applicable law in any court having jurisdiction thereof. WARNING : Un licensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I A ~Hg O-.mlll.-'O o D:;:;O 'C c::::::::J ©1 997 AIA® AlA DOCUMENT AlOl-1997 GENERAL COND I T IONS OF TH E CON TRACT FOR CONS T RUCT I ON The American Institute of Arch i tect s 1735 New York Avenue, N.W. Wash ington, D.C. 20006-5292 I 8111 "'. .0 o. .0 0· ..... ··.·0 oa:::o~ c==J ©1997 AIA® AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 4.6.5 rvt9Ji?J f l ~Q 'Mnely Ass tion of Claims. The party filing a notice of demand for S ~Ab.rffiO\6l£l ra ~den and all Claims then known to that party on which arbitration 4.6.6 MGPAfA t:!;1lF'tb al Award ~~W ~~~I ~~rs ent ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS The award rendered by the arbitrator or arbitrators shall be ed upon it in accordance with applicable law in any court 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection . The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has n~ reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By 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 terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the I WARNING, '"'k,",", ph,,,",py'". ,','"" ,s. oopy"'''.'' ,,' will "bJK' " .. ,10' ... , "'"'' pro~,,'," u Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors . The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agree- ment, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreem ent for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension . ARTICLE rt °Pd~!rn,~~ON BY 0 NER OR BY SEPARATE CONTRACTORS r~iJ?'E:C;~~~al~mG?ifiNii9iRFO~ CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 e wneueserves le n t to perform construction or operation~ related to the Project SJrtIEiG:H Ab.JaRGMHi)l:QN ~and to award separate contracts in connection with other portions o le roJect or ot er constructIOn or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6 .1.2 MVtQ~Fs\JPg a l~ contracts rare awarded for different portions of the Project or other ~~12.nP>R0VItS4J6);NS the ite, the term "Contractor" in the Contract Documents in each r~, . 11 .uwu 1<0 ~L rac or~ 0 executes each separate Owner-Contractor Agreement. 6.1.3 M B19g:~~~ s~l !'y"r~)Vide or coordination of the activities of the Owner's own forces and SffEl~1A&.p ROOMJ&lM.\J}lSith t le Work of the Contractor, who shall cooperate with them. The \.JulluaClOr Shall partlcipate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so . The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 M9Qlf~·ru e provide in the Contract Documents, when the Owner performs 'A!£I~O'Vfs~ted 0 the Project with the Owner's own forces, the Owner shall be L-'~IJlf:!'wAJ~~¥6t-'~t+Tt~!'I1fI"e obligations and to have the same rights which apply to the WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution . I 8111 "". .0 o. .<> 0· ........ ·0 o a:::::o ~ c::::::::J ©1997 A I A® AlA DOCUMENT AlOl-1997 GENERA L COND I T I ONS O F TH E CONTRACT FOR CONSTRUCT ION The Amer ican Inst itute of Architects 1735 New York Avenue, N.W. Was hi ngton, D.C. 20006·5292 I 8111 "'. .0 o. .0 0-.101 "',-'0 o~~ c::::::J ©1997 A 1 A® AlA DOCUMENT AlOl-1997 GENERAL COND ITION S OF THE CONTRACT FOR CONSTRUCTION The American In stitute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Contract(M!':~UH~\Ft~CCb~d itions of he Contract, including, without excluding others, those tat~E~~tA~ pOO\)!tSxik)~d A ticles 10, 11 and 12 . E.2 MU ~t}tjfP'2~I I'I\It ITY E.2.1 The Contractor shall afford tht Owner and separate contractors reasonable opportunity or mPr;:&~·iMn Pa!itP¥~§\R "dP thei' materials and equipment and performance of their activities, and shall connect and c~~;dinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 Itv'l AQ I Fot£!H e l ~ontractor c<SflEaPll 0PPl&~~S1{j1>l~e Work depends for proper execution or results upon ner or a separate contractor, the Contractor shall, prior to '>'ffleeecl1T1~ with that ~1"1-trf the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable . 6.2.3 ~~eDdeh~PsJI'tI be reimb rsed by the Contractor for costs incurred by the Owner which &~~Ie BRGq6tSl.€>N&rac pr because of delays, improperly timed activities or defective construct1On or tne Lomractor. he Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a se arate contractor. MonlFIED IN 6.2.4 TIe Contractor 's11all prom tly remedy damage wrongfully caused by the Contractor to c ~M~rA\b r P~Oi'ti1 I.p I G~~eted construction or to property of the Owner or separate contrac ors as prov1 d eCfln-SU15f-;a ragraph 10 .2.5. 6.2.5 ~~!iQ ddNe ach separ te contractor shall have the same responsibilities for cutting SfdEffilFPiE gp ReVfs<I~or t e Contractor in Subparagraph 3.14. 6.3 O '{(tJ~'H \U ~ TR ,CLEAN UP 6.3.1 If '~'M~LrJ'iM e~l l mong the Contractor, separate contractors and th~ Owner as to the res S-fi'!61QlliA1J.!~l\!l{e~~ve c pntracts for maintaining the premises and surrounding area :frnrrrwa'su:ITrnrertai"S"mimublmh, the Owner may clean up and the Architect will allocate the cost among those responsible . ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents . 7.1 .2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and mayor may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract 0 Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment, if any, in the Contract Sum; and .3 the extent of the adjustment, if any, in the Contract Time. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed MODIFI ED IN .3 c CONSTRUCTION CHA NG f l ~RE TIVES .3.y P ~ceo'fl hr Eft\bh\t!~~..2.!!..c_t ve is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being ad jus ted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the ad justment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7-3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Con tractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3 .3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following : .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; WARNING : Unlicensed photocopying violates U.S . copyright laws and will subject the violator to legal prosecution. I 8111 <>. .0 o. .0 0·." ..... ·0 o a::::::n.;::. C::::J ©1997 AIA® AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American In st itute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I 9111 "'. .0 o . .<> 0'.""".'0 a a::::o<:::. c:::::::J ©1997 AIA® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office personnel directly attributable to the change. 7.3.7. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or othelwise reach rl~~ueJt:l.l-u.p(.lJJ...LlJ.t!-I;l!lJJi.W.lllle:!.ln!l!ts~such agreement shall be effective immediately and shall be recorde cM~t!J>I}P!JI1 d executi n of an appropriate Change Order. 7.4.1 The Architect wi ave aut ority to order minor changes in the Work not involving adjust- ment 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 and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTlCL MPq l~lE D IN S W.E CI A1t F fN R~~SlONS ".1. ~"'.v . . ;:--r1)virl, d, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 Th 111 the Contract Documents shall mean calendar day unless oth ~~a l fxl defined. S I8 Ji CI ~cJa ~"'~Q ~~LE ON Ime Imits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of morgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 ~Q.Qff~~ JNENSIONS $.~.IE C lLA.1!b ~fil Ml&1<ThN8aye at any time in the commencement or progress of the Work by 'fre"g'lect oftl'ie O w ner or 'chitect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3 . .--_~8~.3~.~3 _T.:!Jlh~is~Pwallr:agJ~I.D..i:7~~ot preclude recovery of damages for delay by either party under otll\,J;ff~o frt.P e Contra Documents. u SPECIAL PROVISIONS LE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents. 9.3.1.1 As provided in Subparagraph 7.3.8, such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. WARNING : Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I ~ ~U.g 0·." ..... ·0 o~~ c:::::::J ©1997 A I A® AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 9111 "'. .0 o. .O' 0· ..... ·.·0 o~~ c==:J ©1997 AIA® AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon com- pliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encum- brances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9-4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's ) opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 3.3.2, because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to 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 Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to payor to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6-4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. WARNING : unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I aUI ~. ,0 o. .0 ,0-. '\~III .-'0 a a:::::o~ c:=::::J ©1997 AIA® AlA DOCUMENT AlOl-1997 GENERAL COND I TIONS O F TH E CONTRACT FOR CONSTRUCT I ON The American Institute of Architects 1735 New York Avenue, N.W. Wash ington, D.C. 20006-5292 I ©1997 A1A® AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropri- ate ly and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retain age applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Clause 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and I WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ) have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2 . Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10 .1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certifi- cation 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 retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution . I ~ ~U~ 0· ........ ·0 OCCOc c:=::::J ©1997 AIA® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCT I ON The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I 9111 <:>. .0 o. .0 0.-. '''III .-0 o~~ c:::=:::J ©1997 AIA® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF TH E CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. 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 performance of the Contract. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2 .2 The Cor;tractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by eX1stmg conditions and performance of the Contract, 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 sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carryon such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they 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 acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of U. them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. I WAR'ING, """~"" pho""pyl, •• I,.re, ,.,. "py"," ,.W, "d will "bj~' Ih, .10'.", " , ... , pro,oc"'''. 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 otherwise desigllated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 HAZARDOUS MATERIALS 10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the 'Owner and Architect in writing . 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance . The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If eith er the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection . When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-up, which adjustments shall be accomplished as provided in Article 7. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attor- neys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily in jury or death as described in Subparagraph 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. 10.4 The Owner shall not be responsible under Paragraph 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. 10.5 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.6 EMERGENCIES 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or WARNING : Unlicensed photocopying violates U.S. copyright laws and will subjecllhe violator 10 legal prosecution. I 11111 '>. .0 o. .0 0·."" ... ·0 oCC;l:S~ ~ ©1997 AIA® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. AMaOlfF1 E [JjI~ANCE AN BONDS SPEC/1 . P rQMfrH.~~ LlA ILiTY INSURANCE '---__ -1.w...L--.!..!!1 ~e ~C:..:l:~L!n.!.!~1.·~~~~B~r J:s:!.!h.f ll purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable : .1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage; .s claims for damages, other than to the Work itself, because of in jury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; and .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.1 8. 11.1.2M 9JQ /Fr;~~Q n ~required Subparagraph I1.Ll shall be written for not less than limits of S R OO~Ilp ~ff@vlfS.t@~~tra It Documents or required by law, whichever coverage is greater. '---"""''''''''''''''''''''''-, ,.".J-..-h:erwritterr-on ·ah occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance policies required by this Paragraph ILl shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE alii <::I . .0 11.2.1 The Owner shall be responsib le for purchasing and maintaining the Owner's usual li ability insurance. O. .0 0· ... · .. ·.·0 o CC;J::l~ [==::J ©19 97 AIA® AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION Th e American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE 11.3.1 Optionall y, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architect's vicarious liability for construction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner I WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Clauses 11.1.1.2 through 11.1.1.5. 11.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise. 11.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Paragraph 11.1. 11.4M ~Fl ff-R I ~URANCE s fil~tl A ~~N Sovi ed, the Owner shall purchase and maintain, in a company or f'tlIJics law full y aatlrnt 0 do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subco 1 . 1. 1l.4.M9Pob~~~9n !~~<i)~hall be on an "all-risk" or equivalent policy form and shall include, S p.f!ID:lAlLirJi\B.\ib~'~\\IrJa'h~e a inst the perils of fire (with extended coverage) and physical loss age me uding, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. 11..M.9Q:lftWeQ:)t.N.er does n t intend to purchase such property insurance required by the SP rotl4.ctft PIDW~ e co erages in the amount described above, the Owner shall so inform h e e"lItr.,ett>~g-f*iQ to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor 111 writing, then the Owner shall bear all reasonable costs properly attributable thereto. 11.4.1.¥ff~lf~e~t+ insuranc requires deductibles, the Owner shall pay costs not covered S ~®~Atf PR~':,~~~I".c; '----©1997 AIA® AlA DOCUMENT A201-1997 N 91rt IFIE ~ l~' ---11.4. . IS pro er msurance s S IB6iUJ1A4..o1-18O't6ri Mll f'rlln si1. ----' hall cover portions of the Work stored off the site, and also GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION l1.~fi:Jf::r9cnf ncy or us S p~t:'f.l\L epROVISIONSlpar 1 n accordance with Paragraph 9.9 shall not commence until the providing property insurance have consented to such partial es WARN ING : Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I ©1997 AIA® AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 s s occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4.1v1 fi\lin FblitrD illchinery I surance. The Owner shall purchase and maintain boiler and i ~U' ~sroN'gl by he Contract Documents or by law, which shall specifically cover . . .. llation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds . 11.4.1\I1 00161EiD e l N.surance. he Owner, at the Owner's option, may purchase and maintain . }\q:ap !ftevi ~ilie'NP5 the wner against loss of use of the Owner's property due to fire or . -. he 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. 11.4.Jv19gAF~g rL~or request in writing that insurance for risks other than those described S ~1Al~~O~s o ' loss be included in the property insurance policy, the Owner urance, and the cost thereof shall be charged to the Contractor rl- , , -0 MODIFIED IN 11.4.5 If duri \l~~~ J?t9J5hfg1str ction period the Owner insures properties, real or personal or ~~I ~LaJ?a'cthft\W1'Pl e site bv [ operty insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11-4.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate olicies shall rovide thO . f subrogation by endorsement or otherwise. MnnlFIED IN . 11.4.6 . 'Before an exposure to loss may occur, the Owner shall file wIth the Contractor a copy of SIiUECFbi\4 B-aQM I ~Q~~~ran e coverages required by this Paragraph 11.4. Each policy shall n am a 1 generally appl i ca b lec~nditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contract 11.4.7 MQm~J~Ps J~ogation. he Owner and Contractor waive all rights against (1) each other speetAtL t fi'Q()MI:S!O~rs, s b-subcontractors, agents and employees, each of the other, and . c Itect s consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Paragraph 11.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnifica- tion, contractual or otherwise, did not pay the insurance premium directly or indirectly, and U whether or not the person or entity had an insurable interest in the property damaged. 11.4.8 "A Cil:Q,J lnl~d l\l nder OWf er's property insurance shall be adjusted by the Owner as ~1YA'1!.1 cpR6VfS'f6kl~ th Owner as fiduciary for the insureds, as their interests may UIJV~U<' ~. ,;. '1' '. ,( any applicable mortgagee clause and of Subparagraph llA·lO. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.4.9 1\1~~!fJ§fih Ui'tliting by a arty in interest, the Owner as fiduciary shall, upon occurrence S POOW\t.e <plqG~h3)\'l&lgor p 'oper performance of the Owner's duties. The cost of required lItis shall be ehtrrged-a-g'lti-fflt 'oceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.6. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article. 11.4.10 ~Q 8!fJe~~ A~uciary: shal have power to ad just and settle a loss with insurers unless one <s pg@llJltles RfiUj}MI&I ~~Pobje t in writing within five days after occurrence of loss to the erClse 0 t IS power; if such objection is made, the dispute shall be resolved as provided in Paragraphs 4.5 and 4.6. The Owner as fiduciary shall, in the case of arbitration, make settlement with insurers in accordance with directions of the arbitrators . If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.5 ~1f1.6m<if\i OND AND AYMENT BOND SP:Et I A~ PPf~~ ~e t right to require the Contractor to furnish bonds covering '---fa1tn1fM.l.'f*!~~;wu:.e.1if::ru!i.!~e~o~n2!t]act and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution . I 11111 "'. .0 o. .0 0-.1\1"',-0 o~~ c:=:::::J ©1997 AIA® AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I alii "'. .0 o. .0 0-,'''''','0 oa::::o~ c:=:::::J ©1997 AIA® AlA DOCUMENT AlOl-1997 GENERAL COND I T I ONS OF THE CONTRACT FOR CONSTRUCTION The Amer ican Institute of Arch i tects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligations under Paragraph 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Paragraph 2-4. 12.2.2.2The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. 12.2.2.3The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. I ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Subparagraph 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing construction financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13 .4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract , nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures . Such costs, except as provided in Subparagraph 13.5.3, shall be at the Owner's expense. WARNING: Unlicensed photocopying violates U.S . copyright laws and will subject the violator to legal prosecution. I alii ~. ..g 0.-.\\1111,-0 oa;:;o~ t::::=I ©1997 AIA® AlA DOCUMENT AlOI-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I ©1997 AIA® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents 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 from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 con- secutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government, such as a declaration of national emergency which requires all Work to be stopped; u .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9-4 .1 , or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 36S-day period, whichever is less. 14.1.3 If one of the reasons described in Subparagraph 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, ·and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.}, 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph S-4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. WARNING: Unlicensed photocopying violates U.S. copyright law s and will subject the violator to legal prosecution. I 9111 "". .0 o. .0 0' •.. ,," .'0 oa::::o~ c:::::::J ©1 997 A 1 A® AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I Rill <:I. .0 O. .0 0· ........ ·0 oa::;;o~ c=::::::J ©1997 AIA® AlA DOCUMENT A201-1997 GENERAL COND I T I ONS OF THE CONTRACT FOR CO N STR U CTI ON The American Inst i tute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ft 9/97 '" 14.2 .4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the dif- ference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or inter- rupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. INTENT SECTION 00800 SUPPLEMENTARY CONDITIONS (SPECIAL PROVISIONS) 1.01 These Supplementary Conditions amend and supplement the General Conditions (AlA Document A201-1997), which are stamped "MODIFIED IN SPECIAL PROVISIONS", Section 00800 entitled Supplementary Conditions·and other provisions of the Contract Documents as indicated below. In the event of any inconsistencies or discrepancies exist between the General Conditions the Supplementary Conditions, the Supplementary Conditions shall govern. All prOVisions which are not amended or supplemented remain in full force and effect. 1.02 The terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions. MODIFICATIONS TO GENERAL CONDITIONS 2.01 ARTICLE 1.1.3 -THE WORK A. The term Work means the provision of all services, labor, materials, supplies and equipment which are required or reasonably inferable to complete the Project in strict accordance with the requirements of the Contract Documents (as such may be modified or amended). The term reasonably inferable takes into consideration the understanding of the parties hereto that not every detail will be shown in the Contract Documents. The Construction Manager shall not be entitled to increase the Guaranteed Maximum Price in the absence of any detail or speCification the Contractor may require or for any construction which may be found necessary as the Work progresses in order to complete the construction of the Project. Notwithstanding the above, the Contractor shall not be responsible for deSign, acceptance, supplemental designs/detailing as required by the Specifications for Shop Drawing purposes. 2.02 ARTICLE 1.5 -EXECUTION OF CONTRACT DOCUMENTS A. Paragraph 1 .5.1 : The Contract Documents shall be signed by the Owner and Contractor. 2.03 ARTICLE 2 -OWNER A. Paragraph 2.1.2 is hereby deleted in its entirety. 2.04 ARTICLE 3.3 -SUPERVISION AND CONSTRUCTION PROCEDURES A. Paragraph 3.3.1: The Contractor shall supervise and direct the Work' using the Contractor's best skill and attention. The Work performed by the Contractor shall be of highest industry standard and quality, which prevails amongst similar businesses and organizations of superior knowledge and skill engaged in providing similar Work. Contractor shall be solely responsible for and have control over the Construction means, methods, techniques, procedures and sequence of construction, and for coordinating all portions of the work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning Construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobs, site, and safety thereof and, except as stated below, shall be fully and solely responsible for the job site safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or MP/ MULTIPURPOSE CENTER -PHASE 2 00800 -1 SUPPLEMENTARY CONDITIONS procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 2.05 ARTICLE 3.6 -TAXES A. Paragraph 3.6.1: With exception to those waived by Owner, the Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor which are legally enacted when negotiations are concluded, whether or not yet effective or merely scheduled to go into effect. 2.06 ARTICLE 3.7 -PERMITS, FEES AND NOTICES A. Paragraph 3.7.1 : With exception to those waived by Owner, or as otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 2.07 ARTICLE 3.9 -SUPERINTENDENT A. Add Paragraph 3.9.1.1: The Superintendent and assistants shall speak English fluently. 2.08 ARTICLE 3.10 -CONTRACTOR'S CONSTRUCTION SHEDULES A. This article is hereby deleted in its entirety, and replaced by SpeCifications Section 01325 -Construction Progress Schedule. 2.09 ARTICLE 4 -ADMINISTRATION OF THE CONTRACT A. Paragraph 4.3.7.1 -CLAIMS FOR ADDITIONAL TIME: If the Contractor wishes to make claim for an increase in the Contract Time due to events outside of the Contractor's control, written notice as provided herein shall be given. The Contractor's claim shall include an estimate of costs. for those costs and services which are not included in the Scope of Work and of a probable effect of delay on progress of the Work. In the case of a continuing delay, only one claim is necessary. B. Paragraph 4.3.10 -CLAIMS FOR CONSEQUENTIAL DAMAGES: This provision is hereby deleted in its entirety. C. Paragraph 4.4 -RESOLUTION OF CLAIMS AND DISPUTES: This provision is hereby deleted in its entirety. D. Paragraph 4.5 -MEDIATION: This provision is hereby deleted in its entirety. 2.10 ARTICLE 6 -CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS A. This article is hereby deleted in its entirety. 2.11 ARTICLE 7.3 -CONSTRUCTION CHANGE DIRECTIVES A. Add the following subparagraph(s): 1. 7.3.10: The following fees apply to Changes in the Work in accordance with Subparagraph 7.3.6: a. For Extra Work Performed by the Construction Manager's Own Forces, the Construction Manager shall be paid Six Percent (6%) times the Actual Direct Cost as direct compensation for Overhead, MPI MULTIPURPOSE CENTER -PHASE 2 00800 -2 SUPPLEMENTARY CONDITIONS profit and all other costs associated with the Work. b. For Extra Work Performed by a Subcontractor or any Subtier Subcontractor: The Construction Manager shall be paid Sixteen Percent (16%) times the subcontractor's or subtier subcontractor's Actual Direct Cost as direct compensation for the Construction Manager and Subcontractor's Overhead, profit and all other costs associated with the Work at all tiers. c. On Work deleted from the Contract, credit to the Owner shall be the Architect approved net cost plus 2/3 of the overhead and profit percentage noted above. 2.12 ARTICLE 8 -TIME A. Add the following subparagraph(s): 1. 8.1.5: Contract Time commences at the time of Notice To Proceed and continues for 270calendar days7 2. 8.3.4: Liquidated Damages. The Owner and the Construction Manager acknowledge and agree that the Owner will suffer damages, if the Construction Manager fails to achieve Substantial Completion of the Work or any portion of the Project, on or before the Contract Time for the Project, which damages are difficult, if not impossible, to ascertain with any degree of certainty. Accordingly, if the Construction Manager fails to achieve Substantial Completion of the Work for the Project, on or before the expiration of the Contract Time for the Project, liquidated damages (which are not intended as a penalty) may be assessed against the Construction Manager in the amount set forth as $250.00 (Two-hundred and Fifty Dollars), in the GMP Amendment applicable to the Project, for each and every calendar day beyond the expiration of the Contract Time that the Construction Manager fails to achieve Substantial Completion of the Project, to compensate the Owner solely for all delay damages it will incur by virtue of the Construction Manager's failure to achieve Substantial Completion of the Project within the Contract Time. The Construction Manager acknowledges and agrees that, in the event the Construction Manager becomes liable for liquidated damages, the Owner may, without any obligation to do so, deduct any and all amounts attributable to liquidated damages from any amounts that may be due or may become due to the Constructions manager under this Agreement, or otherwise from the Owner, and any such deducted amounts shall accrue to the use and benefit of the Owner. In addition to the above, liquidated damages may be assessed for additional phases and/or portions of Work associated with or related to this Project as set forth in GMP Amendments and GMP proposals to this Agreement. 2.13 ARTICLE 11 -INSURANCE AND BONDS A. Paragraph 11.1.2 of Article 11.1 -Contractor's Liability Insurance 1. Add the following subparagraph(s): a: The Contractor shall maintain the following insurance throughout the performance of this Contract until the Work has been completed by the Contractor and accepted by the Owner. 1) Worker's Compensation, as required by Chapter 440, Florida Statutes. 2) Automobile Liability Insurance, covering all owned, non-owned and hired vehicles used in connection with the Work, in an amount of not less that $1,000,000 combined single limit for bodily injury and property damage. 3) Property Damage Liability Insurance, covering damage caused MP/ MULTIPURPOSE CENTER -PHASE 2 00800 -3 SUPPLEMENTARY CONDITIONS by the Contractor or Subcontractor to property, in the amount of Fifteen Thousand dollars ($15,000) for each claim. (a) This coverage shall be extended to include all claims adjustment expenses, legal costs and attorney fees in connection with the handling of each claim. (b) The Owner shall be named as Additional Insured on this Property Damage Liability insurance policy. 4) Property Insurance, covering theft and/or vandalism of property and/or items purchased or provided to Contractor to complete the Work. (a) Limits $3,000,000.00 (Three-million Dollars) B. Paragraph 11.4 -Property Insurance (maintained by Owner) is deleted in its entirety. C. Article 11.5 -Performance Bond and Payment Bond 1. Add the following subparagraph(s): a. 11.5.3: The bond value requirements are as follows: 1) Provide a 100 percent Performance Bond on a standard surety bond form. 2) Provide a 100 percent Payment Bond on a standard surety bond form. 3) Deliver bonds within the time period specified in the Agreement; where the time is not specified, deliver bonds within 3 days after full execution of the GMP Amendment to the Agreement. D. Article 11 -Insurance and Bonds 1. Add the following paragraph(s) and subparagraph(s): a. 11.6: All insurance policies required herein shall be issued in companies authorized to do business under the laws of the State of Florida, with the following qualifications: 1) 11.6.1: The company must be rated no less than "B" as to management, and no less than "VIII" as to strength, in accordance with the latest edition of "Best's Insurance Guide", published by A.M. Best Company, Inc. or its equivalent, subject to approval of the Owner's Risk Management Division. 2) 11.6.2: Cancellation of any insurance or bonds, or non-payment by the Contractor of any premium for any insurance policies or bonds required by this Contract shall constitute a breach of this Contract. In addition to any other legal remedies, the Owner at its sole option may terminate this Contract or pay such premiums and deduct the costs thereof from any amounts, which are or may be due to the Contractor. b. 11.7: Indemnification and Hold Harmless: The Contractor shall defend, indemnify and save harmless the Owner, the Architect/Engineer, and their officers, employees and agents, from any and all claims, demands, liability, losses, expenses and causes of actions arising out of or relating to the performance of the Work covered by these Contract Documents, excepting only to the extent caused by the negligence of Owner officers or employees. 1) 11.7.1: The Contractor shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the Owner, when applicable, including appellate proceedings, and shall pay all costs and judgements which may issue thereon. 2) 11.7.2: This indemnification requirement shall not be construed MP/ MULTIPURPOSE CENTER -PHASE 2 00800 -4 SUPPLEMENTARY CONDITIONS so as to require the Contractor to indemnify any of the above- listed indemnities to the extent of such indemnities' own negligence. 3) 11.7.3: This indemnification provision is in addition to and cumulative with any other right of indemnification or contribution which any indemnity may have in law, equity, or otherwise. ADDITIONAL ARTICLES -DEFINITIONS 3.01 Construction Manager: The person or entity identified as such in the Agreement, and as referred to as "Construction Manager" or "Contractor" throughout the Contract Documents as if singular in number. A. For purposes of this Contract, the Construction Manager, in addition to acting as advisor to the Owner during the design period, assumes responsibility for construction of the project. 3.02 Guaranteed Maximum Price: The Cost of the Work required by the Contract Documents and the Construction Manager's fee, as defined in the Agreement. A.' The Construction Manager provides the Owner with a Guaranteed Maximum Price proposal, which the Owner may accept, reject or choose to negotiate. Upon the Owner's acceptance of the Guaranteed Maximum Price by execution of an Amendment to the Agreement, the Construction Manager becomes contractually bound to provide the actual labor and materials for the Project. 3.03 Trade Contractor: A person or entity who has direct contract with the Contractor to perform a portion of the Work at the site, and as referred to as "Trade Contractor" or "Subcontractor" throughout the Contract Documents. A. The term "Trade Contractor" is referred to throughout the Contract Documents as if singular in number. B. The term "Trade Contractor" shall mean the same as "Subcontractor", and the terms will be used interchangeably. C. The term "Trade Contractor" does not include a separate contractor or subcontractors of a separate contractor. 3.04 Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work, but 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. 3.05 Furnish or Supply: To supply and deliver, unload, inspect for damage. 3.06 Install: To unpack, assemble, erect, apply, place, finish, cure, protect, clean, and ready for use. 3.07 Provide: To furnish or supply, plus install. 3.08 Project Manual: The Project Manual is the volume usually assembled for the Work which includes the Bid Documents, Contract Documents, and Specifications. END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 00800 -5 SUPPLEMENTARY CONDITIONS (THIS PAGE LEFT INTENTIONALLY BLANK) SECTION 01100 PART 1 GENERAL 1.01 PROJECT SUMMARY A. Project Name: Multipurpose Center Phase Two. B. Owner's Name: City of South Miami. C. Construction Manager's Name: Dooley & Mack Constructors, Inc. D. Architect's Name: M.C. Harry & Associates, Inc. E. The Project scope is described in the Construction Documents. Generally, the project consists of the construction of a new 2 story building including, but not limited to, an indoor-basketball gymnasium, weight training facility, classrooms, activity rooms, multipurpose rooms, administrative offices, and related facilities and site improvements. . 1.02 CONTRACT DESCRIPTION A. Contract Type: A single prime contract based on the Cost of the Work plus a fee with a negotiated Guaranteed Maximum Price (GMP), as described in Section 00500 -Agreement. 1.03 WORK BY OWNER A. Items noted NIC (Not in Contract) in the Contract Documents will be supplied and installed by Owner. 1.04 SALVAGE BY CONTRACTOR A. Contractor shall remove and deliver the following to Owner prior to start of work: 1 . Sports Lighting Fixtures mounted on concrete poles, as noted on Construction Documents. 1.05 OWNER OCCUPANCY A. Owner intends to occupy the Project upon Substantial Completion. B. Owner intends to occupy a certain portion of the Project prior to the completion date for the conduct of normal operations. C. Cooperate with Owner to minimize conflict and to facilitate Owner's operations. D. Schedule the Work to accommodate Owner occupancy. 1.06 CONTRACTOR USE OF SITE AND PREMISES A. Construction Operations: Limited to areas noted on Drawings. B. Arrange use of site and premises to allow: 1 . Owner occupancy. 2. Work by Others. 3. Work by Owner. 4. Use of site and premises by the public. C. Emergency Building Exits During Construction: Keep all exits required by code open during construction period. D. Existing building spaces may not be used for storage. MP/ MULTIPURPOSE CENTER -PHASE 2 01100 -1 SUMMARY E. Time Restrictions: 1 . Limit conduct of especially noisy exterior work to the hours allowed by local ordinance. 2. Limit conduct of especially noisy interior work to the hours allowed by local ordinance. F. Utility Outages and Shutdown: Limit disruption of utility services to hours the site is unoccupied. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION -NOT USED END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 01100 -2 SUMMARY SECTION 01200 PRICE AND PAYMENT PROCEDURES PART1 GENERAL 1.01 SECTION INCLUDES A. Procedures for preparation and submittal of applications for progress payments. B. Documentation of changes in Contract Sum and Contract Time. C. Change procedures. D. Correlation of Contractor submittals based on changes. E. Procedures for preparation and submittal of application for final payment. 1.02 RELATED SECTIONS A. Section 00500 -Agreement: Contract Sum[<>] and Cost of the Work; cost savings for the not-to-exceed value of the GMP; payment for pre-construction services. B. Section 00700 -General Conditions: Additional requirements for progress payments; final payment; changes in the Work; insurances. C. Section 00800 -Supplementary Conditions: Percentage allowances for Contractor's overhead and profit. D. Section 01210 -Allowances: Payment procedures relating to allowances. E. Section 01270 -Unit Prices: Monetary values of unit prices, payment and modification procedures relating to unit prices. 1.03 SCHEDULE OF VALUES A. Submit a printed schedule on standard form as directed by Architect. Pending approval of Architect and Owner, AlA Form G703 -Application and Certificate for Payment Continuation Sheet, Contractor's standard form or electronic media printout will be considered. B. Submit Schedule of Values in duplicate within 10 days after date established in Notice to Proceed. C. Format: Utilize the Table of Contents of this Project Manual, with additional detail to provide a comprehensive outline of contracts, subcontracts and other costs, as may be requested by Architect. Identify each line item with number and title of the specification Section. D. Include in each line item, the amount of Allowances specified in this Section. For unit cost Allowances, identify quantities taken from Contract Documents multiplied by the unit cost to achieve the total for the item. E. Include separately from each line item, a direct proportional amount of Contractor's overhead and profit. F. Revise schedule to list approved Change Orders, with each Application For Payment. 1.04 APPLICATIONS FOR PROGRESS PAYMENTS A. Payment Period: Submit at intervals stipulated in the Agreement. B. Present required information on electronic media printout. MP/ MULTIPURPOSE CENTER -PHASE 2 01200 -1 PRICE AND PAYMENT PROCEDURES C. Form: AlA G702 Application and Certificate for Payment and AlA G703 - Continuation Sheet including continuation sheets when required. D. For each item, provide a column for listing each of the following: 1. Item Number. 2. Description of work. 3. Scheduled Values. 4. Previous Applications. 5. Work in Place under this Application. 6. Authorized Change Orders. 7. Total Completed to Date of Application. 8. Percentage of Completion. 9. Balance to Finish. 10. Retainage. E.' Execute certification by signature of authorized officer. F. Use data from approved Schedule of Values. Provide dollar value in each column for each .line item for portion of work performed. G.. List each authorized Change Order as a separate line item, listing Change Order number and dollar amount as for an original item of Work. H. Submit two copies of each Application for Payment. I. Include the following with the application: 1 . Transmittal letter as specified for Submittals in Section 01300. 2. Construction progress schedule, revised and current as specified in Section 01300. 3. Current construction photographs specified in Section 01300. 4. Partial release of liens from major Subcontractors and vendors. 5. Project record documents as specified in Section 01780, for review by Owner which will be returned to the Contractor. J. When Architect requires substantiating information, submit data justifying dollar amounts in question. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. 1.05 MODIFICATION PROCEDURES A. Submit name of the individual authorized to receive change documents and who will be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. B. Architect will advise of minor changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by the Conditions of the Contract by issuing supplemental instructions on AlA Form G710. C. Construction Change Directive: Architect may issue a document, signed by Owner, instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1 . The document will describe changes in the Work, and will designate method of determining any change in Contract Price or Contract Time. 2. Promptly execute the change in Work. D. Proposal Request: Architect may issue a document which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change with a stipulation of any overtime work required and the period of time during which the requested price will be considered valid. Contractor shall prepare and MP/ MULTIPURPOSE CENTER -PHASE 2 01200 -2 PRICE AND PAYMENT PROCEDURES submit a fixed price quotation within 15 days. E. Computation of Change in Contract Amount: 1. For change requested by Architect for work falling under a fixed price contract, the amount will be based on Contractor's price quotation. 2. For pre-determined unit prices and quantities, the amount will based on the fixed unit prices. 3. For change ordered by Architect without a quotation from Contractor, the amount will be determined by Architect based on the Contractor's substantiation of costs as specified for Time and Material work. F. SUbstantiation df Costs: Provide full information required for evaluation. 1 . On request, provide following data: a. Quantities of products, labor, and equipment. b. Taxes, insurance, and bonds. c. Overhead and profit. d. Justification for any change in Contract Time. e. Credit for deletions from Contract, similarly documented. 2. Support each claim for additional costs with additional information: a. Origin and date of claim. b. Dates'and times work was performed, and by whom. c. Time records and wage rates paid. d. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 3. For Time and Material work, submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. G. Execution of Change Orders: Architect will issue Change Orders for signatures of parties as provided in the Conditions of the Contract on AlA G701. H. After execution of Change Order, promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. I. Promptly revise progress schedules to reflect any change in Contract Time, revise sub-schedules to adjust times for other items of work affected by the change, and resubmit. J. Promptly enter changes in Project Record Documents, 1.06 APPLICATION FOR FINAL PAYMENT A. Prepare Application for Final Payment as specified for progress payments, identifying total adjusted Contract Price, previous payments, and sum remaining due. B. Application for Final Payment will not be considered until the following have been accomplished: 1. All closeout procedures specified in Section 01700. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION -NOT USED END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 01200 -3 PRICE AND PAYMENT PROCEDURES (THIS PAGE LEFT INTENTIONALLY BLANK) SECTION 01210 ALLOWANCES PART1 GENERAL 1.01 SECTION INCLUDES A. Cash allowances. B. Contingency allowance. C. Inspecting and testing allowances. D. Payment and modification procedures relating to allowances. 1.02 RELATED SECTIONS A. Section 01200 -Price and Payment Procedures: Additional payment and modification procedures. 1.03 CASH ALLOWANCES 1.04 CONTINGENCY ALLOWANCE A. Contractor's costs for products, delivery, installation, labor, insurance, payroll, taxes, bonding, equipment rental, overhead and profit will be included in Change Orders authorizing expenditure of funds from this Contingency Allowance. B. Funds will be drawn from the Contingency Allowance only by Change Order. C. At closeout of Contract, funds remaining in Contingency Allowance will be credited to Owner by Change Order. 1.05 INSPECTING AND TESTING ALLOWANCES A. Costs Included in Inspecting and Testing Allowances: Cost of engaging an inspecting or testing agency; execution of inspecting and tests; and reporting results. B. Costs Not Included in the Inspecting and Testing Allowances: 1. Costs of incidental labor and facilities required to assist inspecting or testing agency. 2. Costs of testing services used by Contractor separate from Contract Document requirements. 3. Costs of retesting upon failure of previous tests as determined by Architect. C. Payment Procedures: 1. Submit one copy of the inspecting or testing firm's invoice with next application for payment. 2. Pay invoice on approval by Architect. D. Differences in cost will be adjusted by Change Order. 1.06 ALLOWANCES SCHEDULE A. Contingency Allowance: As listed on executed Guaranteed Maximum Price, for use upon Owner's instructions. B. Inspecting and Testing Allowance: As listed on executed Guaranteed Maximum Price, for payment of inspecting and testing services specified in Section 01400. MP/ MULTIPURPOSE CENTER -PHASE 2 01210 -1 ALLOWANCES C. Soils Testing Allowance: As listed on executed Guaranteed Maximum Price for testing compacted soils specified in Section 02316. D. Concrete Testing Allowance As listed on executed Guaranteed Maximum Price for testing concrete specified in Section 03300. E. Steel Welding Testing Allowance: As listed on executed Guaranteed Maximum Price for testing structural welds specified in Section 05120. F. HVAC Testing, Adjusting, and Balancing Allowance: As listed on executed Guaranteed Maximum Price for testing, adjusting, and balancing mechanical systems as specified in Section 15950. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION -NOT USED END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 01210 -2 ALLOWANCES SECTION 01300 ADMINISTRATIVE REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. Preconstruction meeting. B. Site mobilization meeting. C. Progress meetings. D. Progress photographs. E. Coordination drawings. F. Submittals for review, information, and project closeout. G. Number of copies of submittals. H. Submittal procedures. 1.02 RELATED SECTIONS A. Section 00500 -Agreement B. Section 00700 -General Conditions: Dates for applications for payment. C. Section 01100 -Summary: Stages of the Work, occupancy,. D. Section 01325 -Construction Progress Schedule: Form, content, and administration of schedules. E. Section 01700 -Execution Requirements: Additional coordination requirements. F. Section 01780 -Closeout Submittals: Project record documents. 1.03 PROJECT COORDINATION A. Project Coordinator: Construction Manager. B. Cooperate with the Project Coordinator in allocation of mobilization areas of site; for field offices and sheds, for site access, traffic, and parking facilities. C. During construction, coordinate use of site and facilities through the Project Coordinator. D. Comply with Project Coordinator's procedures for intra-project communications; submittals, reports and records, schedules, coordination drawings, and recommendations; and resolution of ambiguities and conflicts. E. Comply with instructions of the Project Coordinator for use of temporary utilities and construction facilities. F. Coordinate field engineering and layout work under instructions of the Project Coordinator. G. Make the following types of submittals to Architect through the Project Coordinator: 1. Requests for interpretation. 2. Requests for substitution. 3. Shop drawings, product data, and samples. 4. Test and inspection reports. MP/ MULTIPURPOSE CENTER -PHASE 2 01300 -1 ADMINISTRATIVE REQUIREMENTS 5. Design data. 6. Manufacturer's instructions and field reports. 7. Applications for payment and change order requests. 8. Progress schedules. 9. Coordination drawings. 10. Closeout submittals. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION 3.01 PRECONSTRUCTION MEETING' A. Owner will schedule a meeting after Notice of Award. B. Attendance Required: 1. Owner. 2. Architect. 3. Contractor. 4. Utility Companies. 5. Major Sub-Contractors. C. Agenda: 1 . Execution of Owner-Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of Products, schedule of values, and progress schedule. 5. Designation of personnel representing the parties to Contract, Owner and Architect. 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 7. Scheduling. D. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, Owner, participants, and those affected by decisions made. 3.02 SITE MOBILIZATION MEETING A. Attendance Required: 1 . Contractor. 2. Owner. 3. Architect. 4. Contractor's Superintendent. 5. Major Subcontractors. B. Agenda: 1 . Use of premises by Owner and Contractor. 2. Owner's requirements and occupancy prior to completion. 3. Construction facilities and controls provided by Owner. 4. Temporary utilities provided by Owner. 5. Survey and building layout. 6. Security and housekeeping procedures. 7. Schedules. 8. Application for payment procedures. 9. Procedures for testing. 10. Procedures for maintaining record documents. 11. Requirements for start-up of equipment. MP/ MULTIPURPOSE CENTER -PHASE 2 01300 -2 ADMINISTRATIVE REQUIREMENTS 12. Inspection and acceptance of equipment put into service during construction period. C. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, Owner, participants, and those affected by decisions made. 3.03 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at maximum monthly intervals. B. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner, Architect, as appropriate to agenda topics for each meeting. C. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Maintenance of progress schedule. 7. Corrective measures to regain projected schedules. 8. Planned progress during succeeding work period. 9. Maintenance of quality and work standards. 10. Effect of proposed changes on progress schedule and coordination. 11. Other business relating to Work. D. Record minutes and distribute copies within two days after meeting to partiCipants, with two copies to Architect, Owner, participants, and those affected by decisions made. 3.04 CONSTRUCTION PROGRESS SCHEDULE 3.05 PROGRESS PHOTOGRAPHS A. Provide photographs of site and construction throughout progress of Work produced by an experienced photographer, acceptable to Architect. B. Take photographs on date for each application for a payment and as follows: 1. Site clearing. 2. Excavations. 3. Foundations. 4. Structural framing. 5. Enclosure of building. 6. Final completion. C. Take photographs as evidence of existing project conditions as follows: 1 . Interior and Exterior views, as needed to properly document Work progress. D. Views: 1. Provide aerial photographs from four cardinal views at each specified time, until structure is enclosed. 2. Provide non-aerial photographs from four cardinal views at each specified time, until Date of Substantial Completion. 3. Consult with Architect for instructions on views required. 4. Provide factual presentation. 5. Provide correct exposure and focus, high resolution and sharpness, maximum depth of field, and minimum distortion. MP/ MULTIPURPOSE CENTER -PHASE 2 01300 -3 ADMINISTRATIVE REQUIREMENTS E. Prints: Black and white; three prints of each view. 1. Glossy; smooth texture; white tint; single weight; contrast grade 4, extra hard. 2. Size: 8 x 10 inch (200 x 250 mm); mounted for binder and tabs. 3. Identify each print on back. Identify name of Project, contract number, phase, orientation of view, date and time of view, name and address of photographer, and photographer's numbered identification of exposure. F. Deliver prints with each Application for Payment with transmittal letter specified in this Section. 3.06 COORDINATION DRAWINGS 3.07 SUBMITTALS FOR REVIEW A. When the following are specified in individual sections, submit them for review: 1. Product data. . 2. Shop drawings. 3. Samples for selection. 4. Samples for verification. B. Submit to Architect for review for the limited' purpose of checking for conformance with information given and the design concept expressed in the contract documents. C. Samples will be reviewed only for aesthetic, color, or finish selection. D. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article below and for record documents purposes described in Section 01780 -CLOSEOUT SUBMITTALS. 3.08 SUBMITTALS FOR INFORMATION A. When the following are specified in individual sections, submit them for information: 1. Design data. 2. Certificates. 3. Test reports. 4. Inspection reports. 5. Manufacturer's instructions. 6. Manufacturer's field reports. 7. Other types indicated. B. Submit for Architect's knowledge as contract administrator or for Owner. No action will be taken. 3.09 SUBMITTALS FOR PROJECT CLOSEOUT A. When the following are specified in individual sections, submit them at project closeout: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Bonds. 5. Other types as indicated. B. Submit for Owner's benefit during and after project completion. 3.10 NUMBER OF COPIES OF SUBMITTALS A. Documents for Review: 1. Small Size Sheets, Not Larger Than 8-1/2 x 11 inches (215 x 280 mm): MP/ MULTIPURPOSE CENTER -PHASE 2 01300 -4 ADMINISTRATIVE REQUIREMENTS Submit the number of copies which the Contractor requires, plus two copies which will be retained by the Architect. 2. Larger Sheets, Not Larger Than 36 x 48 inches (910 x 1220 mm): Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Architect. B. Documents for Information: Submit two copies. C. Documents for Project Closeout: Make one reproduction of submittal originally reviewed. Submit one extra of submittals for information. D. Samples: Submit the number specified in individual specification sections; one of which will be retained by Architect. 1. After review, produce duplicates. 2. Retained samples will not be returned to Contractor unless specifically so stated. 3.11 SUBMITTAL PROCEDURES A. Transmit each submittal with approved form. B. Sequentially number the transmittal form. Revise submittals. with original number and a sequential alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing and detail number, and specification section number, as appropriate on each copy. D. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. E. Deliver submittals to Architect at business address. F. Schedule submittals to expedite the Project, and coordinate submission of related items. G. For each submittal for review, allow 15 days excluding delivery time to and from the Contractor. H. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. I. Provide space for Contractor and Architect review stamps. J. When revised for resubmission, identify all changes made since previous submission. K. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. L. Submittals not requested will not be recognized or processed. END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 01300 -5 ADMINISTRATIVE REQUIREMENTS (THIS PAGE LEFT INTENTIONALLY BLANK) SECTION 01325 CONSTRUCTION PROGRESS SCHEDULE PART1 GENERAL 1.01 SECTION INCLUDES A. Preliminary schedule. B. Construction progress schedule, with network analysis diagrams and reports. 1.02 RELATED SECTIONS A. Section 01100 -Summary: Work sequence, occupancy, and owner-furnished items. 1.03 REFERENCES A. AGC (CPM) -The Use of CPM in Construction -A Manual for General Contractors and the Construction Industry; Associated General Contractors of America; 1976. B. M-H (CPM) -CPM in Construction Management -Project Management with CPM, O'Brien, McGraw-Hili Book Company; 1984. 1.04 SUBMITTALS A. Within 10 days after date of Agreement, submit preliminary schedule defining planned operations for the first 60 days of Work, with a general outline for remainder of Work. B. If preliminary schedule requires revision after review, submit revised schedule within 10 days. C. Within 20 days after review of preliminary schedule, submit draft of proposed complete schedule for review. 1. Include written certification that major contractors have reviewed and accepted proposed schedule. D. Within 10 days after joint review, submit complete schedule. E. Submit updated schedule with each Application for Payment. F. Submit the number of opaque reproductions that Contractor requires, plus two copies which will be retained by Architect. G. Submit one reproducible transparency and one opaque reproduction. H. Submit under transmittal letter form specified in Section 01300. 1.05 QUALITY ASSURANCE A. Scheduler: Contractor's personnel or specialist Consultant specializing in CPM scheduling with one years minimum experience in scheduling construction work of a complexity comparable to this Project, and having use of computer facilities capable of delivering a detailed graphic printout within 48 hours of request. B. Contractor's Administrative Personnel: 2 years minimum experience in using and monitoring CPM schedules on comparable projects. 1.06 SCHEDULE FORMAT A. Listings: In chronological order according to the start date for each activity. Identify each activity with the applicable specification section number. MP/ MULTIPURPOSE CENTER -PHASE 2 01325 -1 CONSTRUCTION PROGRESS SCHEDULE B. Diagram Sheet Size: Maximum 22 x 17 inches (560 x 432 mm) or width required. C. Sheet Size: Multiples of 8-1/2 x 11 inches (216 x 280 mm). D. Scale and Spacing: To allow for notations and revisions. PART 2 PRODUCTS· NOT USED PART 3 EXECUTION 3.01 PRELIMINARY SCHEDULE A. Prepare preliminary schedule in the form of a preliminary network diagram. 3.02 CONTENT A. Show complete sequence of construction by activity, with dates for. beginning and completion of each element of construction. B. Identify each item by specification section number. C. Identify work of separate stages and other logically grouped activities. D. Provide sub-schedules for each stage of Work identified in Section 01100. E. Provide sub-schedules to define critical portions of the entire schedule. F. Include conferences and meetings in schedule. G. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. H. Provide separate schedule of submittal dates for shop drawings, product data, and samples, owner-furnished products, Products identified under Allowances, and dates reviewed submittals will be required from Architect. Indicate decision dates for selection of finishes. I. Indicate delivery dates for owner-furnished products and products identified under Allowances. J. Coordinate content with schedule of values specified in Section 01200. K. Provide legend for symbols and abbreviations used. 3.03 BAR CHARTS A. Include a separate bar for each major portion of Work or operation. B. Identify the first work day of each week. 3.04 NETWORK ANALYSIS A. Prepare network analysis diagrams and supporting mathematical analyses using the Critical Path Method. B. Illustrate order and interdependence of activities and sequence of work; how start of a given activity depends on completion of preceding activities, and how completion of the activity may restrain start of subsequent activities. C. Mathematical Analysis: Tabulate each activity of detailed network diagrams, using calendar dates, and identify for each activity: 1. Preceding and following event numbers. 2. Activity description. 3. Estimated duration of activity, in maximum 15 day intervals. 4. Earliest start date. MPI MULTIPURPOSE CENTER -PHASE 2 01325 -2 CONSTRUCTION PROGRESS SCHEDULE 5. Earliest finish date. 6. Actual start date. 7. Actual finish date. 8. Latest start date. 9. Latest finish date. 10. Total and free float; float time shall accrue to Owner and to Owner's benefit. 11. Monetary value of activity, keyed to Schedule of Values. 12. Percentage of activity completed. 13. Responsibility. D. Analysis Program: Capable of compiling monetary value of completed and partially completed activities, accepting revised completion dates, and recomputation of all dates and float. E. Required Reports: List activities in sorts or groups: 1 . By preceding work item or event number from lowest to highest. 2. By amount of float, then in order of early start. 3. By responsibility in order of earliest possible start date. 4. In order of latest allowable start dates. 5. In order of latest allowable finish dates. 6. Contractor's periodic payment request sorted by Schedule of Values listings. 7. Listing of basic input data which generates the report. 8. Listing of activities on the critical path. 3.05 REVIEW AND EVALUATION OF SCHEDULE A. Participate in joint review and evaluation of schedule with Architect at each submittal. B. Evaluate project status to determine work behind schedule and work ahead of schedule. C. After review, revise as necessary as result of review, and resubmit within 10 days. 3.06 UPDATING SCHEDULE A. Maintain schedules to record actual start and finish dates of completed activities. B. Indicate progress of each activity to date of revision, with projected completion date of each activity. C. Update diagrams to graphically depict current status of Work. D. Identify activities modified since previous submittal, major changes in Work, and other identifiable changes. E. Indicate changes required to maintain Date of Final Completion. F. Submit reports required to support recommended changes. G. Provide narrative report to define problem areas, anticipated delays, and impact on the schedule. Report corrective action taken or proposed and its effect including the effects of changes on schedules of separate contractors. 3.07 DISTRIBUTION OF SCHEDULE A. Distribute copies of updated schedules to Contractor's project site file, to Subcontractors, suppliers, Architect, Owner, and other concerned parties. MP/ MULTIPURPOSE CENTER -PHASE 2 01325 -3 CONSTRUCTION PROGRESS SCHEDULE B. Instruct recipients to promptly report, in writing, problems anticipated by projections shown in schedules. END OF SECTION MPI MULTIPURPOSE CENTER -PHASE 2 01325 -4 CONSTRUCTION PROGRESS SCHEDULE SECTION 01400 QUALITY REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. References and standards. B. Quality assurance submittals. C. Mock-ups. D. Control of installation. E. Tolerances. F. Testing and inspection services. G. Manufacturers' field services. 1.02 RELATED SECTIONS A. Section 00300 -Information Available to Bidders: Soil investigation data. B. Section 00700 -General Conditions: Inspections and approvals required by public authorities. C. Section 01210 -Allowances: Allowance for payment of testing services. D. Section 01300 -Administrative Requirements: Submittal procedures. E. Section 01600 -Product Requirements: Requirements for material and product quality. 1.03 REFERENCES A. ASTM C 1021 -Standard Practice for Laboratories Engaged in Testing of Building Sealants; 1997. B. ASTM C 1077 -Standard Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory Evaluation; 2000. C. ASTM C 1093 -Standard Practice for Accreditation of Testing Agencies for Unit Masonry; 1995. D. ASTM D 3740 -Standard Practice for Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering DeSign and Construction; 1999c. E. ASTM E 329 -Standard Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction; 2000b. F. ASTM E 543 -Standard Practice for Agencies Performing Nondestructive Testing; 1999. G. ASTM E 548 -Standard Guide for General Criteria used for Evaluating Laboratory Competence; 1994. 1.04 SUBMITTALS A. Testing Agency Qualifications: 1. Prior to start of Work, submit agency name, address, and telephone number, and names of full time registered Engineer and responsible MP/ MULTIPURPOSE CENTER -PHASE 2 01400 -1 QUALITY REQUIREMENTS officer. 2. Submit copy of report of laboratory facilities inspection made by Materials Reference Laboratory of National Bureau of Standards during most recent inspection, with memorandum of remedies of any deficiencies reported by the inspection. B. Design Data: Submit for Architect's knowledge as contract administrator or for the Owner, for information for the limited purpose of assessing conformance wi.th information given and the design concept expressed in the contract documents. C. Test Reports: After each test/inspection, promptly submit two copies of report to Architect and to Contractor. 1. Include: a. Date issued. b. Project title and number. c. Name of inspector. d. Date and time of sampling or inspection. e. Identification of product and specifications section. f. Location in the Project. g. Type of test/inspection. h. Date of test/inspection. i. Results of test/inspection. j. Conformance with Contract Documents. k. When requested by Architect, provide interpretation of results. 2. Test reports are submitted for Architect's knowledge as contract administrator or for the Owner, for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. D.. Certificates: When specified in individual specification sections, submit certification by the manufacturer and Contractor or installation/application subcontractor to Architect, in quantities specified for Product Data. 1. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. 2.. Certificates may be recent or previous test results on material or product, but must be acceptable to Architect. E. Manufacturer's Instructions: When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, for the Owner's information. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. F. Manufacturer's Field Reports: Submit reports for Architect's benefit as contract administrator or for Owner. 1. Submit report in duplicate within 30 days of observation to Architect for information. 2. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. G. Erection Drawings: Submit drawings for Architect's benefit as contract administrator or for Owner. 1. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. MP/ MULTIPURPOSE CENTER -PHASE 2 01400 -2 QUALITY REQUIREMENTS 2. Data indicating inappropriate or unacceptable Work may be subject to action by Architect or Owner. 1.05 REFERENCES AND STANDARDS 1.06 TESTING AND INSPECTION AGENCIES A. Owner will employ services of an independent testing agency to perform certain specified testing and inspection; payment for cost of services will be derived from allowance specified in Section 01210; see Section 01210 and applicable sections for description of services included in allowance. B. Owner will employ and pay for services of an independent testingagency to perform other specified testing. C. Contractor shall employ and pay for services of an independent testing agency to perform other specified testing. D. As indicated in individual specification sections, Owner or Contractor shall employ and pay for services of an independent testing agency to perform other specified testing. E. Employment of agency in no way relieves Contractor of obligation to perform Work in accordance with requirements of Contract Documents. F. Contractor Employed Agency: 1. Testing agency: Comply with requirements of ASTM E 329, ASTM E 548, ASTM E 543, ASTM C 1021, ASTM C 1077, and ASTM C 1093. 2. Inspection agency: Comply with requirements of ASTM 03740, ASTM E329, and ASTM E548. 3. Laboratory: Authorized to operate in State of Florida. 4. Laboratory Staff: Maintain a full time registered Engineer on staff to review services. 5. Testing Equipment: Calibrated at reasonable intervals with devices of an accuracy traceable to either National Bureau of Standards or accepted values of natural physical constants. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION 3.01 CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect before proceeding. D. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Have Work performed by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer. G. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, and disfigurement. MP/ MULTIPURPOSE CENTER -PHASE 2 01400 -3 QUALITY REQUIREMENTS 3.02 MOCK·UPS A. Tests will be performed under provisions identified in this section and identified in the respective product specification sections. B. Assemble and erect specified items with specified attachment and anchorage devices, flashings, seals, and finishes. C. Accepted mock-ups shall be a comparison standard for the remaining Work. D. Where mock-up has been accepted by Architect and is specified in product specification sections to be removed, remove mock-up and clear area when directed to do so. 3.03 TOLERANCES A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Architect before proceeding. C. Adjust products to appropriate dimensions; position before securing products in place. 3.04 TESTING AND INSPECTION A. See individual specification sections for testing and inspection required. B. Testing Agency Duties: 1. Test samples of mixes submitted by Contractor. 2. Provide qualified personnel at site. Cooperate with Architect and Contractor in performance of services. 3. Perform specified sampling and testing of products in accordance with specified standards. 4. Ascertain compliance of materials and mixes with requirements of Contract Documents. 5. Promptly notify Architect and Contractor of observed irregularities or non- conformance of Work or products. 6. Perform additional tests and inspections required by Architect. 7. Submit reports of all tests/inspections specified. C. Limits on Testing/Inspection Agency Authority: 1. Agency may not release, revoke, alter, or enlarge on requirements of Contract Documents. 2. Agency may not approve or accept any portion of the Work. 3. Agency may not assume any duties of Contractor. 4. Agency has no authority to stop the Work. D. Contractor Responsibilities: 1. Deliver to agency at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs. 2. Cooperate with laboratory personnel, and provide access to the Work and to manufacturers' facilities. 3. Provide incidental labor and facilities: a. To provide access to Work to be tested/inspected. b. To obtain and handle samples at the site or at source of Products to be testedlinspected. c. To facilitate tests/inspections. MP/ MULTIPURPOSE CENTER -PHASE 2 01400 -4 QUALITY REQUIREMENTS d. To provide storage and curing of test samples. 4. Notify Architect and laboratory 24 hours prior to expected time for operations requiring testing/inspection services. 5. Employ services of an independent qualified testing laboratory and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. 6. Arrange with Owner's agency and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. E. Re-testing required because o(non-conformance to specified requirements shall be performed by the same agency on instructions by Architect. Payment for re testing will be charged to the Contractor by deducting testing charges from the Contract Price. 3.05 MANUFACTURERS' FIELD SERVICES A. When specified in individual speCification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start- up of equipment, test, adjust and balance of equipment as applicable, and to initiate instructions when necessary. B. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. 3.06 DEFECT ASSESSMENT A. Replace Work or portions of the Work not conforming to specified requirements. B. If, in the opinion of Architect, it is not practical to remove and replace the Work, Architect will direct an appropriate remedy or adjust payment. END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 01400 -5 QUALITY REQUIREMENTS (THIS PAGE LEFT INTENTIONALLY BLANK) SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART1 GENERAL 1.01 SECTION INCLUDES A. Temporary telephone and facsimile service .. B. Temporary sanitary facilities. C. Temporary Controls: Barriers, enclosures, and fencing. D. Vehicular access and parking. E. Waste removal facilities and services. F. Project identification sign. 1.02 RELATEP SECTIONS A. Section 01510 -Temporary Utilities. B. Section 01525 -Field Offices. C. Section 01550 -Vehicular Access and Parking. D. Section 01585 -Project Signs. 1.03 TELEPHONE SERVICE A. Provide, maintain, and pay for telephone service to field office and Architect's field office at time of project mobilization. B. Provide, maintain and pay for facsimile service and a dedicated telephone line to field office and Architect's field office at time of project mobilization. 1.04 TEMPORARY SANITARY FACILITIES I A. Provide and maintain required facilities and enclosures. Provide at time of project mobilization. B. Maintain daily in clean and sanitary condition. C. At end of construction, return facilities to same or better condition as originally found. 1.05 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas, to allow for owner's use of site and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide barricades and covered walkways required by governing authorities for public rights-of-way and for public access to existing building. C. Provide protection for plants designated to remain. Replace damaged plants. D. Protect non-owned vehicular traffic, stored materials, site, and structures from damage. 1.06 FENCING A. Construction: Commercial grade chain link fence. B. Provide 6 foot (1.8 m) high fence around construction site; equip with vehicular MP/ MULTIPURPOSE CENTER -PHASE 2 01500 -1 TEMPORARY FACILITIES AND CONTROLS and pedestrian gates with locks. 1.07 EXTERIOR ENCLOSURES A. Provide temporary weather tight closure of exterior openings to accommodate acceptable working conditions and protection for Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification sections, and to prevent entry of unauthorized persons. Provide access doors with self-closing hardware and locks. 1.08 NOT USED 1.09 NOT USED 1.10 NOT USED 1.11 VEHICULAR ACCESS AND PARKING -See Section 01550 A. Coordinate access and haul routes with governing authorities and Owner. B. Provide and maintain access to fire hydrants, free of obstructions. C. Provide means of removing mud from vehicle wheels before entering streets. D. Provide temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking. E. Existing parking areas may not be used for construction parking. F. Do not allow vehicle parking on existing pavement. G. Designate one parking space for Owner and Architect use. 1.12 WASTE REMOVAL A. Provide waste removal facilities and services as required to maintain the site in clean and orderly condition. B. Provide containers with lids. Dispose of waste off-site periodically. C. Open free-fall chutes are not permitted. Terminate closed chutes into appropriate containers with lids. 1.13 PROJECT IDENTIFICATION -See Section 01585 A. Provide project identification sign of design and construction indicated on Drawings. B. Erect on site at location indicated by Owner. C. No other signs are allowed without Owner permission except those required by law. 1.14 FIELD OFFICES -See Section 01525 A. Office: Weathertight, with lighting, electrical outlets, heating, cooling and ventilating equipment, and equipped with sturdy furniture, drawing rack and drawing display table. B. Provide space for Project meetings, with table and chairs to accommodate 6 persons. C. Locate offices a minimum distance of 30 feet (10m) from existing and new structures. 1.15 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS MP/ MULTIPURPOSE CENTER -PHASE 2 01500 -2 TEMPORARY FACILITIES AND CONTROLS A. Remove temporary utilities, equipment, facilities, materials, prior to Substantial Completion inspection. B. Remove underground installations to a minimum depth of 2 feet (600 mm). Grade site as indicated. C. Clean and repair damage caused by installation or use of temporary work. D. Restore existing and permanent facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. . PART 2 PRODUCTS '. NOT USED PART 3 EXECUTION· NOT USED END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 01500 -3 TEMPORARY FACILITIES AND CONTROLS (THIS PAGE LEFT INTENTIONALLY BLANK) SECTION 01510 TEMPORARY UTILITIES PART1 GENERAL 1.01 SECTION INCLUDES A. Temporary Utilities: Electricity, lighting, heat, ventilation, and water. 1.02 RELATED SECTIONS A. Section 01500 -Temporary Facilities and Controls: Telephone service for administrative purposes, facsimile service for administrative purposes, and temporary sanitary facilities required by law. 1.03 TEMPORARY ELECTRICITY A. Cost: By Owner. B. Provide power service required from utility source. C. Provide temporary electric feeder from existing electrical service at location as directed. D. Complement existing power service capacity and characteristics as required. E. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required. Provide flexible power cords as required. F. Provide main service disconnect and over-current protection at convenient location and meter. G. Permanent convenience receptacles may not be utilized during construction. H. Provide adequate distribution equipment, wiring, and outlets to provide single phase branch circuits for power and lighting. 1.04 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES A. Provide and maintain incandescent lighting for construction operations to achieve a minimum lighting level of 2 wattlsq ft (21 wattlsq m). B. Provide and maintain 1 wattlsq ft (10.8 wattlsq m) lighting to exterior staging and storage areas after dark for security purposes. C. Provide and maintain 0.25 wattlsq ft (2.7 wattlsq m) H.I.D. lighting to interior work areas after dark for security purposes. D. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. E. Maintain lighting and provide routine repairs. F. Permanent building lighting may be utilized during construction. 1.05 TEMPORARY HEATING A. Cost of Energy: By Owner. B. Provide heating devices and heat as needed to maintain specified conditions for construction operations. C. Maintain minimum ambient temperature of 50 degrees F (10 degrees C) in areas where construction is in progress, unless indicated otherwise in specifications. MP/ MULTIPURPOSE CENTER -PHASE 2 01510-1 TEMPORARY UTILITIES D. Existing facilities shall not be used. E. Prior to operation of permanent equipment for temporary heating purposes, verify that installation is approved for operation, equipment is lubricated and filters are in place. Provide and pay for operation, maintenance, and regular replacement of filters and worn or consumed parts. 1.06 TEMPORARY COOLING A. Cost of Energy: By Owner. B. Provide cooling devi,ces and cooling as needed to maintain specified conditions for construction operations. C. Maintain maximum ambient temperature of 80 degrees F (26 degrees C) in areas where construction is in progress, unless indicated otherwise in specifications. D. Existing facilities shall not be used. E. Prior to operation of permanent equipment for temporary cooling purposes, verify that installation is approved for operation, equipment is lubricated and filters are in place. Provide and pay for operation, maintenance, and regular replacement of filters and worn or consumed parts. 1.07 TEMPORARY VENTILATION 1.08 TEMPORARY WATER SERVICE A. Cost of Water Used: By Owner. B. Provide and maintain suitable quality water service for construction operations at time of project mobilization. C. Connect to existing water source. 1 . Exercise measures to conserve water. D. Extend branch piping with outlets located so water is available by hoses with threaded connections. PART 2 PRODUCTS· NOT USED PART 3 EXECUTION· NOT USED END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 01510 -2 TEMPORARY UTILITIES SECTION 01525 FIELD OFFICE PART1 GENERAL 1.01 SECTION INCLUDES A. Temporary field office space for use of Architect. B. Maintenance and removal. 1.02 RELATED SECTIONS A. Section 01100 -Summary: use of premises and responsibility for providing field offices. B. Section 01500 -Temporary Facilities and Controls: Temporary sanitary facilities, temporary telephone service, and temporary facsimile service. C. Section 01550 -Vehicular Access and Parking: Parking and access to field offices. 1.03 USE OF EXISTING FACILITIES A. Existing facilities shall not be used for field offices. 1.04 USE OF PERMANENT FACILITIES A. Permanent facilities shall not be used for field offices. PART 2 PRODUCTS 2.01 MATERIALS, EQUIPMENT, FURNISHINGS A. Materials, Equipment, Furnishings: Serviceable, new or used, adequate for required purpose. 2.02 CONSTRUCTION A. Portable or mobile buildings, or buildings constructed with floors raised above ground, securely fixed to foundations, with steps and landings at entrance doors. B. Construction: Structurally sound, secure, weather tight enclosures for office. Maintain during progress of Work; remove when no longer needed. C. Temperature Transmission Resistance of Floors, Walls, and Ceilings: Compatible with occupancy requirements. D. Exterior Materials: Weather resistant, finished in in color acceptable selected. E. Interior Materials in Offices: Sheet type materials for walls and ceilings, prefinished or painted; resilient floors and bases. F. Lighting for Offices: 50 fc (538 Ix) at desk top height, exterior lighting at entrance doors. G. Fire Extinguishers: Appropriate type fire extinguisher at each office. 2.03 ENVIRONMENTAL CONTROL A. Heating, Cooling, and Ventilating: Automatic equipment to maintain 20 degrees C (68 degrees F) heating and 76 degrees F (23 degrees C) cooling. 2.04 OWNER AND ARCHITECT/ENGINEER FACILITIES MP/ MULTIPURPOSE CENTER -PHASE 2 01525 -1 FIELD OFFICE A. Provide suitable separate area within Construction Manager's field office (trailer) for sole use of Owner and Architect. Provide new lock and two keys B. Area: Minimum 150 sq ft (14 sq m), minimum dimension 8 ft (2.4 m). C. Electrical Distribution Panel: Two circuits minimum, 110 volt, 60 hz service. D. Minimum four 110 volt duplex convenience outlets, one on each wall. E. Telephone: As specified in Section 01500. F. Sanitary Facilities: As specified in Section 01500. G. Drinking Fountain: Convenient access by workers. H. Furnishings: 1. One drafting table 36 x 72 inch (one x 1.8 m), with one equipment drawer and a full width parallel straight edge. 2. One metal, double-door storage cabinet under table. 3. Plan rack to hold working Drawings, shop drawings, and record documents. 4. One standard four-drawer legal size metal filling cabinet with locks and two keys per lock. 5. Six linear ft (2 m) of metal bookshelves. 6. One swivel armchair. 7. One straight chair. 8. One drafting table stool. 9. One tack board 36 x 30 inch (1 x 0.75 m). 10. One wastebasket per desk and table. PART 3 EXECUTION 3.01 PREPARATION A. Fill and grade sites for temporary structures to provide drainage away from buildings. 3.02 INSTALLATION A. Install office spaces ready for occupancy 15 days after date fixed in Notice to Proceed. B. Parking: One hard surfaced parking spaces for use by Owner and Architect, connected to office by hard surfaced walk. C. Employee Residential Occupancy: Not allowed on Owner's property. 3.03 MAINTENANCE AND CLEANING A. Daily janitorial services for offices; periodic cleaning and maintenance for offices. B. Maintain approach walks free of mud, water, and snow. 3.04 REMOVAL A. At completion of Work remove buildings, foundations, utility services, and debris. Restore areas. END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 01525 -2 FIELD OFFICE SECTION 01550 VEHICULAR ACCESS AND PARKING PART 1 GENERAL 1.01 SECTION INCLUDES A. Access roads. B. Parking. C. Existing pavements and parking areas. D. Permanent pavements and parking facilities. E. Construction parking controls. F. Flag persons. G. Haul routes. H. Traffic signs and signals. I. Maintenance. J. Removal, repair. K. Mud from site vehicles. 1.02 RELATED SECTIONS A. Section 01100 -Summary: access to site, work sequence, and occupancy. B. Section 02310 -Grading: Specifications for earthwork and paving bases. PART 2 PRODUCTS 2.01 MATERIALS A. Temporary Construction: Contractor's option. B. Materials for Permanent Construction: As specified in product specification sections, including earthwork, paving base, and topping. 2.02 SIGNS, SIGNALS, AND DEVICES A. Traffic Control Signals: As approved by local jurisdictions. B. Traffic Cones and Drums, Flares and Lights: As approved by local jurisdictions. C. Flag Person Equipment: As required by local jurisdictions. PART 3 EXECUTION 3.01 PREPARATION A. Clear areas, provide surface and storm drainage of road, parking, area premises, and adjacent areas. 3.02 ACCESS ROADS A. Use of deSignated existing on-site streets and driveways for construction traffic is permitted, only with prior approval by Owner and authority having jurisdiction. B. Tracked vehicles not allowed on paved areas. C. Construct new temporary all-weather access roads from public thoroughfares to serve construction area, of a width and load bearing capacity to provide MP/ MULTIPURPOSE CENTER -PHASE 2 01550 -1 VEHICULAR ACCESS AND PARKING unimpeded traffic for construction purposes. D. Construct temporary bridges and culverts to span low areas and allow unimpeded drainage. E. Extend and relocate as Work progress requires, provide detours as necessary for unimpeded traffic flow. F. Location as approved byArchitect. G. Provide unimpeded access for emergency vehicles. Maintain 20 foot (6 m) width driveways with turning space between and around combustible materials. H. Provide and maintain access to fire hydrants and control valves free of obstructions. 3.03 PARKING A. Use of existing parking facilities by construction personnel is not permitted. B. Use of designated areas of new parking facilities by construction personnel is permitted. C. Do not allow heavy vehicles or construction equipment in parking areas. D. Arrange for temporary parking areas to accommodate use of construction personnel. E. When site space is not adequate, provide additional off-site parking. F. Locate as approved by Architect. 3.04 NEW PERMANENT PAVEMENTS A. Prior to Substantial Completion the base for permanent roads and parking areas may be used for construction traffic. B. Avoid traffic loading beyond paving design capacity. Tracked vehicles not allowed. 3.05 CONSTRUCTION PARKING CONTROL A. Control vehicular parking to prevent interference with public traffic and parking, access by emergency vehicles, and Owner's operations. B. Monitor parking of construction personnel's vehicles. Maintain vehicular access to and through parking areas. C. Prevent parking on or adjacent to access roads or in non-designated areas. 3.06 FLAG PERSONS A. Provide trained and equipped flag persons to regulate traffic when construction operations or traffic encroach on public traffic lanes. 3.07 FLARES AND LIGHTS A. Use flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 3.08 HAU L ROUTES A. Consult with authority having jurisdiction, establish public thoroughfares to be used for haul routes and site access. B. Confine construction traffic to designated haul routes. MP! MULTIPURPOSE CENTER -PHASE 2 01550 -2 VEHICULAR ACCESS AND PARKING C. Provide traffic control at critical areas of haul routes to regulate traffic, to minimize interference with public traffic. 3.09 TRAFFIC SIGNS AND SIGNALS A. At approaches to site and on site, install at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B. Install and operate traffic control signals to direct and maintain orderly flow of traffic in areas under Contractor's control, and areas affected by Contractor's operations. C. Relocate as Work progresses, to maintain effective traffic control. 3.10 MAINTENANCE A. Maintain traffic and parking areas in a sound condition free of excavated material, construction equipment, Products, mud, snow, and ice. B. Maintain existing paved areas used for construction; promptly repair breaks, potholes, low areas, standing water, and other deficiencies, to maintain paving and drainage in original, or specified, condition. 3.11 REMOVAL, REPAIR A. Remove temporary roads when permanent paving is usable. B. Remove underground work and compacted materials to a depth of 2 feet (600 mm); fill and grade site as specified. C. Repair existing and new permanent facilities damaged by use, to original condition. D. Remove equipment and devices when no longer requir~d. E. Repair damage caused by installation. F. Remove pbst settings to a depth of 2 feet (600 mm). 3.12 MUD FROM SITE VEHICLES A. Provide means of removing mud from vehicle wheels before entering streets. END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 01550 -3 VEHICULAR ACCESS AND PARKING (THIS PAGE LEFT INTENTIONALLY BLANK) SECTION 01585 PROJECT SIGNS PART1 GENERAL 1.01 SECTION INCLUDES A. Project identification sign. B. Project informational signs. 1.02 RELATED SECTIONS A. Section 01100 -Summary: Responsibility to provide signs. 1.03 QUALITY ASSURANCE A. Design sign and structure to withstand 110 miles/hr wind velocity. B. Sign Painter: Experienced as a professional sign painter for minimum three years. C. Finishes, Painting: Adequate to withstand weathering, fading, and chipping for duration of construction. 1.04 SUBMITTALS A. See Section 01300 -Administrative Requirements for submittal procedures. B. Shop Drawing: Show content, layout, lettering, color, foundation, structure, sizes and grades of members. PART 2 PRODUCTS 2.01 SIGN MATERIALS A. Structure and Framing: New, wood, structurally adequate. B. Sign Surfaces: Exterior grade plywood with medium density overlay, minimum 3/4 inch (19 mm) thick, standard large sizes to minimize joints. C. Rough Hardware: Galvanized. D. Paint and Primers: Exterior quality, two coats; sign background of color as selected. E. Lettering: Exterior quality paint, colors as selected. 2.02 PROJECT IDENTIFICATION SIGN A. One painted sign of construction, design, and content as provided by Owner, location designated. B. Content, as provided by Owner, including: 1. Project number, title, and name of Owner as indicated on Contract Documents. 2. Names and titles of authorities. 3. Names and titles of Architect and Consultants. 4. Name of Prime Contractor. C. Graphic Design, Colors, Style of Lettering: Designated by Architect. 2.03 PROJECT INFORMATIONAL SIGNS A. Painted informational signs of same colors and lettering as Project Identification sign, or standard products; size lettering to provide legibility at 100 foot (30 m) MP/ MULTIPURPOSE CENTER -PHASE 2 01585 -1 PROJECT SIGNS distance. B. Provide at each field office, storage shed, and directional signs to direct traffic into and within site. Relocate as Work progress requires. C. Provide municipal traffic agency directional traffic signs to and within site. PART 3 EXECUTION 3.01 INSTALLATION A. Install project identification sign within 30 days after date fixed by Notice to Proceed. B. Erect at designated location. C. Erect supports and framing on secure foundation, rigidly braced and framed to resist wind loadings. D. Install sign surface plumb and level, with butt joints. Anchor securely. E. Paint exposed surfaces of sign, supports, and framing. 3.02 MAINTENANCE A. Maintain signs and supports clean, repair deterioration and damage. 3.03 REMOVAL A. Remove signs, framing, supports, and foundations at completion of Project and restore the area. END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 01585 -2 PROJECT SIGNS SECTION 01600 PRODUCT REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. General product requirements. B. Transportation, handling, storage and protection. C. Product option requirements. D. Substitution limitations and procedures. E. Procedures for Owner-supplied products. F. Spare parts and maintenance materials. 1.02 RELATED SECTIONS A. Section 01400 -Quality Requirements: Product quality monitoring. 1.03 REFERENCES A. NFPA 70 -National Electrical Code; National Fire Protection Association; 1999. 1.04 SUBMITTALS A. Proposed Products List: Submit list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. 1. Submit within 15 days after date of Notice to Proceed. 2. For products specified only by reference standards, list applicable reference standards. B. Product Data Submittals: Submit manufacturer's standard published data. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. C. Shop Drawing Submittals: Prepared specifically for this Project. D. Sample Submittals: Illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 1. For selection from standard finishes, submit samples of the full range of the manufacturer's standard colors, textures, and patterns. E. Indicate utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. PART 2 PRODUCTS 2.01 PRODUCTS A. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. B. Provide interchangeable components of the same manufacture for components being replaced. C. Wiring Terminations: Provide terminal lugs to match branch circuit conductor quantities, sizes, and materials indicated. Size terminal lugs to NFPA 70, include logs for terminal box. MP/ MULTIPURPOSE CENTER -PHASE 2 01600 -1 PRODUCT REQUIREMENTS D. Cord and Plug: Provide minimum 6 foot (2 m) cord and plug including grounding connector for connection to electric wiring system. Cord of longer length is specified in individual specification sections. 2.02 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Use any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Use a product of one of the manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. 2.03 SPARE PARTS AND MAINTENANCE PRODUCTS A. Provide spare parts, maintenance, and extra products of types and in quantities specified in individual specification sections. B. Deliver to and place in location as directed; obtain receipt prior to final payment. PART 3 EXECUTION 3.01 SUBSTITUTION PROCEDURES A. Instructions to Bidders specify time restrictions for submitting requests for substitutions during the bidding period. Comply with requirements specified in this section. B. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. C. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. D. A request for substitution constitutes a representation that the submitter: 1 . Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the substitution as for the specified product. 3. Will coordinate installation and make changes to other Work which may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or time extension which may subsequently become apparent. 5. Will reimburse Owner and Architect for review or redesign services associated with re-approval by authorities. E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. F. Substitution Submittal Procedure: 1. Submit three copies of request for substitution for consideration. Limit each request to one proposed substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. Burden of proof is on proposer. 3. The Architect will notify Contractor in writing of decision to accept or reject request. MP/ MULTIPURPOSE CENTER -PHASE 2 01600 -2 PRODUCT REQUIREMENTS 3.02 OWNER-SUPPLIED PRODUCTS A. See Section 01100 -Summary for identification of Owner-supplied products. B. Owner's Responsibilities: 1. Arrange for and deliver Owner reviewed shop drawings, product data, and samples, to Contractor. 2. Arrange and pay for product delivery to site. 3. On delivery, inspect products jointly with Contractor. 4. Submit claims for transportation damage and replace damaged, defective, or deficient items. 5. Arrange for manufacturers' warranties, inspections, and service. C. Contractor's Responsibilities: 1. Review Own~r reviewed shop drawings, product data, and samples. 2. Receive and I,m load products at site; inspect for completeness or damage jointly with Owner. 3. Handle, store, install and finish products. 4. Repair or replace items damaged after receipt. 3.03 TRANSPORTATION AND HANDLING . A. Transport and handle products in accordance with manufacturer's instructions. B. Promptly inspect shipments to ensure that products comply with requirements, quantities are correct, and products are undamaged. C. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 3.04 STORAGE AND PROTECTION A. Store and protect products in accordance with manufacturers' instructions. B. Store with seals and labels intact and legible. C. Store sensitive products in weather tight, climate controlled, enclosures in an environment favorable to product. D. For exterior storage of fabricated products, place on sloped supports above ground. E. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of products. F. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mixing with foreign matter. G. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. H. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition. END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 01600 -3 PRODUCT REQUIREMENTS (THIS PAGE LEFT INTENTIONALLY BLANK) SECTION 01700 EXECUTION REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. Examination, preparation, and general installation procedures. B. Pre-installation meetings. C. Cutting and patching. D. Surveying for laying out the work. E. Starting of systems and equipment. F. Demonstration and instruction of Owner personnel. G. Closeout procedures, except payment procedures. 1.02 RELATED SECTIONS A. Section 01300 -Administrative Requirements: Submittals procedures. B. Section 01400 -Quality Requirements: Testing and inspection procedures. C. Section 01500 -Temporary Facilities and Controls: Temporary exterior enclosures. D. Section 01510 -Temporary Utilities: Temporary heating, cooling, and ventilating facilities. E. Section 01780 -Closeout Submittals: Project record documents, operation and maintenance data, warranties and bonds. F. Section 07840 -Firestopping. G. Individual Product Specification Sections: 1 . Advance notification to other sections of openings required in work of those sections. 2. Limitations on cutting structural members. 1.03 SUBMITTALS A. Survey work: Submit name, address, and telephone number of Surveyor before starting survey work. 1. On request, submit documentation verifying accuracy of survey work. 2. Submit a copy of site drawing and certificate signed by the Land Surveyor, that the elevations and locations of the work are in conformance with Contract Documents. 3. Submit surveys and survey logs for the project record. B. Cutting and Patching: Submit written request in advance of cutting or alteration which affects: 1. Structural integrity of any element of Project. 2. Integrity of weather exposed or moisture resistant element. 3. Efficiency, maintenance, or safety of any operational element. 4. Visual qualities of sight exposed elements. 5. Work of Owner or separate Contractor. 6. Include in request: a. Identification of Project. b. Location and description of affected work. MP/ MULTIPURPOSE CENTER -PHASE 2 01700 -1 EXECUTION REQUIREMENTS c. Necessity for cutting or alteration. d. Description of proposed work and Products to be used. e. Alternatives to cutting and patching. f. Effect on work of Owner or separate Contractor. g. Written permission of affected separate Contractor. h. Date and time work will be executed. 1.04 QUALIFICATIONS . A. For survey work employ a land surveyor registered in the State of Florida and acceptable to Architect. Submit evidence of Surveyor's Errors and Omissions insurance coverage in the 'form of an Insurance Certificate. B. For field engineering employ a professional engineer of the discipline required for specific service on Project, licensed in the State in which the Project is located. 1.05 PROJECT CONDITIONS A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. C. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. D. Dust Control: Execute work by methods to minimize raising dust from construction operations. Provide positive means to prevent air-borne dust from dispersing into atmosphere. E. Erosion and Sediment Control: Plan and execute construction by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. 1. Minimize amount of bare soil exposed at one time. 2. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. 3. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. 4. Periodically inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. F. Pest Control: Provide methods, means, and facilities to prevent pests and insects from damaging the work. G. Rodent Control: Provide methods, means, and facilities to prevent rodents from accessing or invading premises. H. Pollution Control: 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. 1.06 COORDINATION A. Coordinate work of alterations and renovations to expedite completion sequentially and to accommodate occupancy requirements. B. Coordinate scheduling, submittals, and work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. MPI MULTIPURPOSE CENTER -PHASE 2 01700 -2 EXECUTION REQUIREMENTS C. Verify utility requirements and characteristics of operating equipment are compatible with building utilities. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. D. Coordinate space requirements, supports, and installation of mechanical and electrical work which are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. E. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. F. Coordinate completion and clean-up of work of separate sections. G. After Owner occupancy of premises, coordinate access to site for correction of defective work and work not in accordance with Contract Documents, to minimize disruption of Owner's activities. PART 2 PRODUCTS 2.01 PATCHING MATERIALS A. New Materials: As specified in product sections; match existing products and work for patching and extending work. B. Type and Quality of Existing Products: Determine by inspecting and testing products where necessary, referring to existing work as a standard. C. Product Substitution: For any proposed change in materials, submit request for substitution described in Section 01600. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent work. Beginning new work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural support or attachment of new work being applied or attached. C. Examine and verify specific conditions described in individual specification sections. D. Verify that utility services are available, of the correct characteristics, and in the correct locations. E. Prior to Cutting: Examine existing conditions prior to commencing work, including elements subject to damage or movement during cutting and patching. After uncovering existing work, assess conditions affecting performance of work. Beginning of cutting or patching means acceptance of existing conditions. 3.02 PREPARATION A. Prepare surfaces and remove surface finishes to provide for proper installation of new work and finishes. B. Clean substrate surfaces prior to applying next material or substance. MPI MULTIPURPOSE CENTER -PHASE 2 01700 -3 EXECUTION REQUIREMENTS C. Seal cracks or openings of substrate prior to applying next material or sUbstance. D. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. 3.03 PREINSTALLATION MEETINGS A. When required in individual specification sections, convene a preinstallation meeting at the site prior to commencing work of the section. B. Require attendance of parties directly affecting, or affected by, work of the specific section. C. Notify Architect four days in advance of meeting date. D. Prepare agenda and preside at meeting: 1. Review conditions of installation, preparation and installation procedures. 2. Review coordination with related work. E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, Owner, participants, and those affected by decisions made. . 3.04 LAYING OUT THE WORK A. Verify locations of survey control points prior to starting work. B. Promptly notify Architect of any discrepancies discovered. C. Contractor shall locate and protect survey control and reference points. D. Control datum for survey is that established by Owner provided survey. E. Protect survey control points prior to starting site work; preserve permanent reference points during construction. F. Promptly report to Architect the loss or destruction of any reference point or relocation required because of changes in grades or other reasons. G. Replace dislocated survey control pOints based on original survey control. Make no changes without prior written notice to Architect. H. Utilize recognized engineering survey practices. I. Establish a minimum of two permanent bench marks on site, referenced to established control points. Record locations, with horizontal and vertical data, on project record documents. J. Establish elevations, lines and levels. Locate and layout by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading, fill and topsoil placement~ utility locations, slopes, and invert elevations. 2. Grid or axis for structures. 3. Building foundation, column locations, ground floor elevations. K. Periodically verify layouts by same means. L. Maintain a complete and accurate log of control and survey work as it progresses. 3.05 GENERAL INSTALLATION REQUIREMENTS A. Install Products as specified in individual sections. MP/ MULTIPURPOSE CENTER -PHASE 2 01700 -4 EXECUTION REQUIREMENTS B. Make neat transitions. Patch work to match adjacent work in texture and appearance. Where new Work abuts or aligns with existing, perform a smooth and even transition. C. When existing finished surfaces are cut so that a smooth transition with new work is not possible, terminate existing surface along a straight line at a natural line of division and make recommendation to Architect. D. Re-cover and refinish work that exposes mechanical and electrical work exposed accidentally during the work. 3.06 CUTTING AND PATCHING A. Execute cutting and patching including excavation and fill to complete the work, to uncover work in order to install improperly sequenced work, to remove and replace defective or non-conforming work, to remove' samples of installed work for testing when requested, to provide openings in the work for penetration of mechanical and electrical work, to execute patching to complement adjacent work, and to fit products together to integrate with other work. B. Execute work by methods to avoid damage to other work, and which will provide appropriate surfaces to receive patching and' finishing. In existing work, minimize damage and restore to original condition. C. Employ skilled and experienced installer to perform cutting for weather exposed and moisture resistant elements, and sight exposed surfaces. D. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval. E. Restore work with new Products in accordance with requirements of Contract Documents. F. Fit work air tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. G. At penetrations of fire rated walls, partitions, ceiling, or floor construction, completely seal voids with fire rated material in accordance with Section 07840, to full thickness of the penetrated element. H. Refinish surfaces to match adjacent finish. For continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit. I. Patch or replace portions of existing surfaces which are damaged, lifted, discolored, or showing other imperfections. Repair substrate prior to patching finish. Finish patches to produce uniform finish and texture over entire area. When finish cannot be matched, refinish entire surface to nearest intersections. 3.07 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space. C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust. D. Collect and remove waste materials, debris, and rubbish from site weekly and dispose off-site. 3.08 PROTECTION OF INSTALLED WORK , MP/ MULTIPURPOSE CENTER -PHASE 2 01700 -5 EXECUTION REQUIREMENTS A. Protect installed work and provide special protection where specified in individual specification sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to prevent damage. C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. D. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. E. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. . 3.09 STARTING SYSTEMS A. Coordinate schedule for start-up of various equipment and systems. B. Notify Architect and owner seven days prior to s.tart-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, and for conditions which may cause damage. D. Verify tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. E. Verify that wiring and support components for equipment are complete and tested. F. Execute start-up under supervision of applicable Contractor personnel and manufacturer's representative in accordance with manufacturers' instructions. G. When specified in individual specification Sections, require manufacturer to provide authorized representative to be present at site to inspect, check, and approve equipment or system installation prior to start-up, and to supervise placing equipment or system in operation. H. Submit a written report that equipment or system has been properly installed and is functioning correctly. 3.10 DEMONSTRATION AND INSTRUCTION A. Demonstrate operation and maintenance of Products to Owner's personnel two weeks prior to date of Substantial Completion. B. Demonstrate start-up, operation, control, adjustment, trouble-shooting, servicing, maintenance, and shutdown of each item of equipment at agreed time, at designated location. C. For equipment or systems requiring seasonal operation, perform demonstration for other season within six months. D. Provide a qualified person who is knowledgeable about the Project to perform demonstration and instruction of owner personnel. E. Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with Owner's personnel in detail to explain all aspects of operation and maintenance. F. Prepare and insert additional data in operations and maintenance manuals MP/ MULTIPURPOSE CENTER -PHASE 2 01700 -6 EXECUTION REQUIREMENTS when need for additional data becomes apparent during instruction. G. The amount of time required for instruction on each item of equipment and system is that specified in individual sections. 3.11 ADJUSTING A. Adjust operating Products and equipment to ensure smooth and unhindered operation. B. Testing, adjusting, and balancing HVAC systems: See Section 01400 and Division 15. 3.12 FINAL CLEANING A. Execute final cleaning prior to final project assessment. 1 . Clean areas to be occupied by Owner prior to final completion before Owner occupancy. . B. Clean interior and exterior glass, surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. C. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. D. Clean filters of operating equipment. E. Clean debris from roofs, gutters, downspouts, and drainage systems. F. Clean site; sweep paved areas, rake clean landscaped surfaces. G. Remove waste and surplus materials, rubbish, and construction facilities from the site. H. Clean Owner-occupied areas of work. 3.13 CLOSEOUT PROCEDURES A. Make submittals that are required by governing or other authorities. 1. Provide copies to Architect and Owner. B. Notify Architect when work is considered ready for Substantial Completion. C. Submit written certification that Contract Documents have been reviewed, work has been inspected, and that work is complete in accordance with Contract Documents and ready for Architect's review. D. Correct items of work listed in executed Certificates of SUbstantial Completion and comply with requirements for access to Owner-occupied areas. E. Notify Architect when work is considered finally complete. F. Complete items of work determined by Architect's final inspection. 3.14 MAINTENANCE SERVICE A. Furnish service and maintenance of components indicated in specification sections during the warranty period. B. Examine system components at a frequency consistent with reliable operation. Clean, adjust, and lubricate as required. C. Include systematic examination, adjustment, and lubrication of components. Repair or replace parts whenever required. Use parts produced by the manufacturer of the original component. MPI MULTIPURPOSE CENTER -PHASE, 2 01700 -7 EXECUTION REQUIREMENTS D. Maintenance service shall not be assigned or transferred to any agent or Subcontractor without prior written consent of the Owner. END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 01700 -8 EXECUTION REQUIREMENTS SECTION 01780 CLOSEOUT SUBMITTALS PART1 GENERAL 1.01 SECTION INCLUDES A. Project Record Documents. B. Operation and Maintenance Data. C. Warranties and bonds. 1.02 RELATED SECTIONS A. Conditions of the Contract: Performance and payment bonds, warranty, and . correction of work. B. Section 01300 -Administrative Requirements: Submittals procedures, shop drawings, product data, and samples. C. Section 01700 -Execution Requirements: Contract closeout procedures. D. Individual Product Sections: Specific requirements for operation and maintenance data. E. Individual Product Sections: Warranties required for specific products or Work. 1.03 SUBMITTALS A. Project Record Documents: Submit documents to Architect with claim for final Application for Payment. B. Operation and Maintenance Data: 1 . Submit two copies of preliminary draft or proposed formats and outlines of contents before start of Work. Architect will review draft and return one copy with comments. 2. For equipment, or component parts of equipment put into service during construction and operated by Owner, submit completed documents within ten days after acceptance. 3. Submit 1 copy of completed documents 15 days prior to final inspection. This copy will be reviewed and returned after final inspection, with Architect comments. Revise content of all document sets as required prior to final submission. 4. Submit two sets of revised final documents in final form within 10 days after final inspection. C. Warranties and Bonds: 1 . For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within ten days after acceptance. . 2. Make other submittals within ten days after Date of Substantial Completion, prior to final Application for Payment. 3. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within ten days after acceptance, listing the date of acceptance as the beginning of the warranty period. PART2 PRODUCTS-NOTUSED PART 3 EXECUTION 3.01 PROJECT RECORD DOCUMENTS MP/ MULTIPURPOSE CENTER -PHASE 2 01780 -1 CLOSEOUT SUBMITTALS A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. 6. Manufacturer's instruction for assembly, installation, and adjusting. B. Ensure entries are complete and accurate, enabling future reference by Owner. C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. E. Specifications: Legibly mark and record at each product section descrip~ion of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product sUbstitutions or alternates utilized. 3. Changes made by Addenda and modifications. F. Record Drawings and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish first floor datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail. 5. Details not on original Contract drawings. 3.02 OPERATION AND MAINTENANCE DATA A. For Each Product or System: List names, addresses and telephone numbers of Subcontractors and suppliers, including local source of supplies and replacement parts. B. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. C. Drawings: Supplement product data to illustrate relations of component parts of equipment and systems, to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings. D. Typed Text: As required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. 3.03 OPERATION AND MAINTENANCE DATA FOR MATERIALS AND FINISHES A. For Each Product, Applied Material, and Finish: 1. Product data, with catalog number, size, composition, and color and texture deSignations. 2. Information for re-ordering custom manufactured products. B. Instructions for Care and Maintenance: Manufacturer's recommendations for cleaning agents and methods, precautions against detrimental cleaning 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 MP! MULTIPURPOSE CENTER -PHASE 2 01780 -2 CLOSEOUT SUBMITTALS repair. D. Additional information as specified in individual product specification sections. E. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. 3.04 OPERATION AND MAINTENANCE DATA FOR EQUIPMENT AND SYSTEMS A. For Each Item of Equipment and Each System: 1. Description of unit or system, and component parts. 2. Identify function, normal operating characteristics, and limiting conditions. 3. Include performance curves, with engineering data and tests. 4. Complete nomenclature and model number ofreplaceable parts. B. Panelboard Circuit Directories: Provide electrical service characteristics, controls, and communications; typed. 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 any special operating instructions. E. Maintenance Requirements: Include routine procedures and guide for preventative maintenance and 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 charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. L. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. M. Include test and balancing reports. N. Additional Requirements: As specified in individual product specification sections. 3.05 OPERATION AND MAINTENANCE MANUALS A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. B. Prepare data in the form of an instructional manual. C. Binders: Commercial quality, 8-1/2 x 11 inch (216 x 280 mm) three D side ring binders with durable plastic covers; 2 inch (50 mm) maximum ring size. When multiple binders are used, correlate data into related consistent groupings. D. Cover: Identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; identify title of Project; identify subject MPI MULTIPURPOSE CENTER -PHASE 2 01780 -3 CLOSEOUT SUBMITTALS matter of contents. E. Provide tabbed dividers 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 24 pound paper. G. Drawings: Provide with reinforced punched binder tab. Bind in with text; fold . larger drawings to size of text pages. H .. Arrange content by systems under section numbers and sequence of Table of Contents of this Project Manual. I. Contents: Prepare a Table of Contents for each volume, with each product or system description identified, in three parts as follows: 1. Part 1: Directory, listing names, addresses, and telephone numbers of Architect, Contractor, Subcontractors, and major equipment suppliers. 2. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: a. Significant design criteria. b. List of equipment. c. Parts list for each component. d. Operating instructions. e. Maintenance instructions for equipment and systems. f. Maintenance instructions for finishes, including recommended cleaning methods and materials, and special precautions identifying detrimental agents. 3. Part 3: Project documents and certificates, including the following: a. Shop drawings and product data. b. Air and water balance reports. c. Certificates. d. Photocopies of warranties and bonds. J. Provide a listing in Table of Contents for design data, with tabbed dividers and space for insertion of data. K. . Table of Contents: Provide title of Project; names, addresses, and telephone numbers of Architect, Consultants, and Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. 3.06 WARRANTIES AND BONDS A. Obtain warranties and bonds, executed in duplicate by responsible Subcontractors, suppliers, and manufacturers, within days after completion of the applicable item of work. Except for items put into use with Owner's permission, leave date of beginning of time of warranty until the Date of Substantial completion is determined. B. Verify that documents are in proper form, contain full information, and are notarized. C. Co-execute submittals when required. D. Retain warranties and bonds until time specified for submittal. E. Include originals of each in operation and maintenance manuals, indexed separately on Table of Contents. END OF SECTION MP/ MULTIPURPOSE CENTER -PHASE 2 01780 -4 CLOSEOUT SUBMITTALS