2016 CBI Renovation Project RFP 417-16 00001-1 Sy Richards Architect, Inc. PROPOSAL DOCUMENTS FOR FULTON COUNTY SCHOOLS 2016 CBI Renovation Project AT Multiple Locations Prepared by Owner: FULTON COUNTY SCHOOLS CAPITAL PROGRAM CONTRACTS 6201 Powers Ferry Road N.W. Atlanta, Georgia 30339 For Owner: FULTON COUNTY BOARD OF EDUCATION Fulton County, Georgia March 8, 2016 Sy Richards Architects, Inc.
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2016 CBI Renovation Project RFP 417-16 00001-1
Sy Richards Architect, Inc.
PROPOSAL DOCUMENTS
FOR
FULTON COUNTY SCHOOLS
2016 CBI Renovation Project
AT
Multiple Locations
Prepared by Owner:
FULTON COUNTY SCHOOLS
CAPITAL PROGRAM CONTRACTS
6201 Powers Ferry Road N.W.
Atlanta, Georgia 30339
For Owner:
FULTON COUNTY BOARD OF EDUCATION
Fulton County, Georgia
March 8, 2016
Sy Richards Architects, Inc.
2016 CBI Renovation Project RFP 417-16 00010-1
Sy Richards Architect, Inc. Table of Contents
SECTION 00010
TABLE OF CONTENTS
DIVISION 00 - OFFEROR REQUIREMENTS
SECTION:
00001 Title Page
00010 Table of Contents
00100 Request for Proposals
00105 Introduction
00110 Project Information
00200 Instructions to Offerors
00300 Information Available to Offerors
00310 Project Directory
00325 Pre-Proposal Conference
00330 Pre-Proposal Request for Information
00340 Bonding and Insurance
00350 Proposal Requirements
00370 Prequalification of Offerors
00380 Contract Award
00390 Proposal Terms and Conditions
00700 General Conditions
00800 Supplemental Contract Terms and Conditions
00900 Addendum
00950 Required Proposal Forms
Exhibit 1 Document 00400 Offer Acceptance Form
Exhibit 2 Document 00405 Offeror's Checklist
Exhibit 3 Document 00410 NOT APPLICABLE
Exhibit 4 Document 00480 Non-Collusion Affidavit
Exhibit 5 Document 00540 Subletting and Subcontracting
Exhibit 6 Document 00600 Payment Bond (Labor and Material)
Exhibit 7 Document 00605 Performance Bond
Exhibit 8 Document 00620 Certificate of Insurance for Hazardous Materials
Exhibit 9 Document 00740 Fulton County Schools Immigration and Security Form
Exhibit 10 Document 00750 Contractor Affidavit and Agreement
5. Document 00750 – Contractor Affidavit and Agreement
1.2 LICENSE REQUIREMENTS
At the time of proposal submission and throughout performance of the Work, Offeror shall ensure Offeror
and all subcontractors, regardless of tier, possess the appropriate license (if any) issued by the State of
Georgia Professional Licensing Boards Division, for the Work to be performed under the Contract.
Owner will verify Offeror licensing information before transmitting the Notice of Intent to Award.
1.3 OBTAINING PROPOSAL DOCUMENTS
A. Proposal Documents may be obtained from the FCS Capital Program Contracts website at:
www.fcscpcontracts.org/Solicitations.aspx.
B. Offerors shall utilize a complete set of Proposal Documents in preparing a proposal. The
failure or omission of Offeror to receive any Proposal Document, form, instrument,
Addendum, or other document shall not relieve Offeror from any obligations with respect to
the proposal and/or Contract.
1.4 EXAMINATION OF PROJECT SITE, WORK AND PROPOSAL DOCUMENTS
Offeror shall thoroughly examine and be familiar with the Proposal Documents and, prior to submission
of proposal, inspect and examine the Project site of the Work and sites adjacent to the Work, examine the
grounds and all improvements and must satisfy by examination, testing and/or other means the Offeror
may prefer in order to determine the actual conditions and requirements under which the Work must be
performed. If upon inspection and examination by Offeror there is any existing improvement, condition,
matter or thing, or condition or requirement of the Work which Offeror does not completely understand,
Offeror shall inquire as set forth in Section 00200 – Instructions to Offerors. Failure of Offeror to
examine any Proposal Document, form, instrument, Addenda, or other document or to visit the Project
site and be acquainted with existing conditions shall not relieve Offeror from any obligations with respect
to the proposal and/or Contract.
2016 CBI Renovation Project RFP 417-16 00200-2
Sy Richards Architect, Inc. Instructions to Offerors
SECTION 00200
INSTRUCTIONS TO OFFERORS
1.5 ADDENDA
Information or any other notice of a change in the Proposal Documents will be issued only by the
Owner’s Capital Program Contracts and only in the form of a written Addendum, transmitted by fax or e-
mail to all who are known by the issuing office to have received a complete set of Proposal Documents.
Copies of Addendum will be made available for inspection wherever Proposal Documents are on file for
inspection. Each Addendum will be numbered, dated and identified with the Project number.
It is the Offeror’s responsibility to ensure the submitted proposal includes all Addenda issued prior to the
proposal submission date. Oral statements or any instructions in any form, other than Addendum as
described above, shall be void and unenforceable.
Addendum issued by the Owner’s Capital Program Contracts and not noted as being received by Offeror
as required in Document 00400 – Offer Acceptance Form, may result in the proposal being deemed non-
responsive.
1.6 COMPLETION OF PROPOSAL FORMS
All documents listed in subparagraph 1.1 of this Section shall be completed in their entirety as follows:
A. Blanks: All blanks shall be completed by filling in the requested information; the proposal
may be deemed non-responsive if this requirement is not met.
B. Erasures: The submitted proposal shall not contain any erasures, deletions or other
corrections unless each such correction is authenticated by affixing in the margin
immediately opposite the correction the signature or signatures of the person or persons
signing the proposal.
C. Modifications: Changes in, or additions to the proposal, recapitulations of the proposed Work
upon, alternative proposals, or any other modifications of the form which is not specifically
called for in the Proposal Documents may result in the proposal being deemed non-
responsive.
D. Name and nature of Offeror legal entity: Offeror shall complete the proposal form according
to the following:
1. The firm name or name style of the Offeror shall agree with Offeror Business License. 2. Proposal shall be signed by Offeror or an individual on behalf of the Offeror and only a
handwritten signature shall be acceptable. 3. Successful Offeror may be required to furnish a letter setting forth the organizational
structure of Offeror and further describing the firm members and those persons authorized to sign legal documents.
E. Offeror shall make no stipulations on the Offer Acceptance Form nor qualify the offer in any
manner.
2016 CBI Renovation Project RFP 417-16 00200-3
Sy Richards Architect, Inc. Instructions to Offerors
SECTION 00200
INSTRUCTIONS TO OFFERORS
F. Offeror’s failure to submit a price for any offer item or unit price will result in the proposal
being deemed non-responsive. If proposal items are called for and no change in the lump sum
base offer is required, enter “No Change.” 1.7 OFFER GUARANTEE
NOT USED. 1.8 OFFEROR REPRESENTATIONS
Offeror, by proposal submission, warrants and represents:
A. Offeror has read, comprehends and submits proposal in full accordance with provisions of the
Proposal Documents.
B. Offeror has the expertise and financial capacity to perform and complete all obligations under
the Proposal Documents.
C. The individual executing the proposal forms is duly authorized and empowered to execute the
proposal forms on behalf of the Offeror.
D. Offeror is aware of and will comply with all applicable code requirements in the performance
of the Work.
E. All expenses incurred by Offeror in preparing the proposal shall be borne solely by Offeror.
1.9 SUBMISSION OF PROPOSALS
Submit all documents listed in accordance with requirements of the Request for Proposal instructions.
A. Owner requests all pricing on Document 00400 – Offer Acceptance Form, be submitted at the
time and place indicated in the proposal documents and on Document 00400.
B. Proposal shall be submitted in a sealed envelope clearly marked “Request for Proposal No.
RFP 417-16”.
C. Envelope shall plainly show name of Offeror, description of the Work, RFP number, proposal
submission date; and shall be deposited with Capital Program Contracts prior to the time
scheduled for submission of proposals.
D. The submission of proposals shall be taken as prima facie evidence of compliance with
Section 00200 – Instructions to Offerors
A proposal arriving after the specified time is deemed non-responsive and will not be accepted. The
Offeror assumes all responsibility for timely delivery of the proposal at the location designated for
2016 CBI Renovation Project RFP 417-16 00200-4
Sy Richards Architect, Inc. Instructions to Offerors
SECTION 00200
INSTRUCTIONS TO OFFERORS
submission of proposals. Oral, telephonic, facsimile, or a telegraphic proposal are invalid and will not be
accepted.
1.10 MODIFICATION OR WITHDRAWAL OF PROPOSAL
Prior to submission of the proposal, a submitted proposal may be modified or withdrawn by notice to
Owner at the location designated for submission of proposals. Such notice shall be in writing over the
signature of Offeror. A change so made shall be worded as not to reveal the amount of the original offer
and may be written on the outside of the proposal envelope. A withdrawn proposal may be resubmitted up
to the proposal deadline, provided it then fully complies with the proposal requirements.
Proposals will be submitted at the time specified, on the date specified to:
Capital Program Contracts
6201 Powers Ferry Road N.W.
Atlanta, Georgia 30339
If Offeror claims to have made a clerical error in their proposal, Owner must receive a written request for
release from offer within five (5) business days after the submission of the proposal. In this request,
Offeror must certify under penalty of perjury and indicate the date of proposal and Project name. The
request must also contain: a request to be released from proposals; a detailed explanation of the error; the
amount of the error; the offer amount if the error had not been made; and, the original unaltered
estimating sheets the offer was based on.
Offerors may be notified of any weaknesses of the proposal by the Owner in writing. The Offeror may be
provided the opportunity to discuss the weaknesses identified and may be provided a date and time for
submission of a Best and Final Offer, in accordance with the requirements of the Request for Proposal
process.
There is no PUBLIC OPENING OF THE PROPOSALS.
1.11 REJECTION OF PROPOSALS
Owner has the right to reject any and all proposals and has the right to deem any proposal not
accompanied by all items required by the proposal documents, or a proposal that is in any other way
deemed materially incomplete or irregular, as a non-responsive proposal. 1.12 PROPOSAL PROTEST
This section describes the mandatory administrative procedure whereby Offerors may challenge contracts
or awards. The Owner will process proposal protests in a timely and consistent manner to assure that all
Offerors are accorded equal consideration for the award of Contracts.
A. Protests dealing with the specifications or the solicitation shall be filed not later than three (3)
working days prior to the proposal due date. Other protests shall be filed not later than three
(3) working days after the proposal due date, or if the protest is based on subsequent action of
the FCS, not later than three (3) working days after the aggrieved person knows or should
2016 CBI Renovation Project RFP 417-16 00200-5
Sy Richards Architect, Inc. Instructions to Offerors
SECTION 00200
INSTRUCTIONS TO OFFERORS
have knowledge of the facts given rise to the protest. Protests are considered filed when
received by the Executive Director of Contracting. Issues not raised in the initial protest may
be deemed waived at the discretion of FCS. Protests which are not filed in a timely manner,
as set forth above, will not be considered.
The FCS reserves the right to continue with the project, notwithstanding a protest, if it finds,
in its sole determination, that continuing with the project is in the public’s best interest.
B. The initial protest should include all matters the Offeror wishes the Owner to consider in
deciding the protest outcome. Additionally, the protest must include the following:
1. School name and Project description;
2. Project number and proposal number;
3. Nature of protest;
4. Documentation supporting the allegations;
5. Statement of the specific relief requested.
Issues not raised in the initial protest may, at Owner’s discretion, be deemed waived with
prejudice. However, an aggrieved Offeror may supplement its protest with supporting
exhibits, evidence or documents that were not available at the time of the initial protest filing.
However, such supplemental documentation must be provided to Owner as soon as such
material is reasonably available and must be provided prior to any ruling on the protest.
C. Protests should be sent by Certified U.S. Mail, overnight delivery or hand delivery to:
Executive Director of Contracting
Fulton County Schools
6201 Powers Ferry Road, NW
Atlanta, Georgia 30339
The outside of the envelope should clearly state “Bid Protest” in large bold letters.
Protests will be deemed received when they are physically received by Capital Programs
Contracts.
The Owner will thoroughly review and evaluate all proposal protests and base the decision on the merits
of the protest. A written response will be provided by the Owner with all findings and specified remedies
within five (5) business days of the receipt of the protest. Any appeal from Owner’s decision shall be
made in accordance with Fulton County Board of Education Procedure DJE.
2016 CBI Renovation Project RFP 417-16 00200-6
Sy Richards Architect, Inc. Instructions to Offerors
SECTION 00200
INSTRUCTIONS TO OFFERORS
END OF SECTION
2016 CBI Renovation Project RFP 417-16 00300-1
Sy Richards Architect, Inc. Information Available to Offerors
SECTION 00300
INFORMATON AVAILABLE TO OFFERORS
1.1 GENERAL
This Section sets forth the following information made available to Offerors. The provided information is
not part of the Contract Documents. The information is provided in conjunction with, but not limited to,
the provisions of Sections 4.2, 4.3, 4.4, 4.5, and 4.6 of the General Conditions (Document 00700).
1.2 SUBSURFACE CONDITIONS
In the preparation of the Drawings and Specifications, ARCHITECT and/or ARCHITECT Consultants
have relied upon the following reports of exploration and tests of subsurface conditions at, or contiguous,
to the Project site of the Work:
NOT APPLICABLE
1.3 PHYSICAL CONDITIONS
In the preparation of the Drawings and Specifications, ARCHITECT and/or ARCHITECT Consultants
have relied upon the following drawings, descriptions, photographs, and/or mapping of physical
conditions, other than Subsurface Facility, which are at, or contiguous, to the site of the Work:
NOT APPLICABLE
1.4 SITE VISITS
This section not used.
1.5 REQUEST FOR INFORMATION
All questions and/or correspondence during the entire proposal process shall be directed in writing to the
Executive Director of Contracting.
During the entire period of solicitation, proposal and evaluation, no Offeror shall contact any member or
employee of FCS concerning this solicitation. Such action could result in the Offeror being removed from
further consideration in this solicitation.
END OF SECTION
2016 CBI Renovation Project RFP 417-16 00310-1
Sy Richards Architect, Inc. Project Directory
SECTION 00310
PROJECT DIRECTORY
1.1 GENERAL
This Section provides contact information relative to the Work of the Project.
G. ARCHITECT: Sy Richards Architect, Inc. Ken Thrasher P.O. Box 585 301 E. Church Street Monroe, GA 30655 Phone: (404) 633-2677 Fax: (404) 521-6204 Email: [email protected]
H. ARCHITECT Consultants: Not applicable.
I. Distribution of Capital Program Contracts
Proposal Documents/
Prequalification/ 6201 Powers Ferry Road N.W.
Proposal Protest/ Atlanta, Georgia 30339
Addenda / Business Hours: 7:30 A.M – 4:30 P.M
Notices to Proceed/ Phone: (470) 254-8974
Contract Closeout/ Fax: (470) 254-1248
Submittals/Substitution
of securities in lieu of retention
J. Filing of Claims Fulton County Board of Education
Kenneth Zeff, Interim Superintendent
c/o Fulton County Schools
6201 Powers Ferry Road N.W.
Atlanta, Georgia 30339
With Copies to: OR as listed in Item D above.
D. Glenn Brock, Esq.
Nelson Mullins Riley & Scarborough, LLP
201 17th St NW Suite 1700
Atlanta, GA 30363
Capital Program Contracts
Angela R. Young
6201 Powers Ferry Road N.W.
Atlanta, Georgia 30339
2016 CBI Renovation Project RFP 417-16 00310-3
Sy Richards Architect, Inc. Project Directory
SECTION 00310
PROJECT DIRECTORY
END OF SECTION
2016 CBI Renovation Project RFP 417-16 00325-1
Sy Richards Architect, Inc. Pre-Proposal Conference
SECTION 00325
PRE-PROPOSAL CONFERENCE
1.1 GENERAL
Offerors are encouraged to attend the pre-proposal conference for comprehensive scope delineation of the
Work.
1.2 PRE-PROPOSAL CONFERENCE
A. A pre-proposal conference will occur at the location listed below:
1. School: North Springs HS
2. Street: 7447 Roswell Road
3. City: Sandy Springs
4. Time: 1:00 p.m.
5. Date: Monday, March 14, 2016
B. A sign-in sheet will be provided for issuing any changes to the Proposal Documents.
Offeror must print their name legibly, sign their name, submit business cards for
identification purposes, and comply with all requirements of the sign-in sheet.
C. The Offeror is responsible for ensuring that they have complete Proposal Documents
including all Addenda provided by the Owner, prior to the proposal due date.
END OF SECTION
2016 CBI Renovation Project RFP 417-16 00330-1
Sy Richards Architect, Inc. Pre-Proposal Requests for Information
SECTION 00330
PRE-PROPOSAL REQUESTS FOR INFORMATION
1.1 GENERAL
This section addresses Requests for Information of the Proposal Documents.
A. Each Request for Information shall be submitted in writing to only the person and/or firm
designated in Section 00310 – Project Directory, Item E.
B. Clarifications, interpretations, corrections, and changes to the Proposal Documents will
be made by Addendum as provided in Section 00900. Clarifications, interpretations,
corrections, and changes to the Proposal Documents made in any other manner shall not
be binding and the Offeror shall not rely upon them.
C. Each transmitted request shall contain the name of the person and/or firm filing the
request, address, telephone and fax number, specifications and/or drawing number. The
Offeror is responsible for the legibility of hand written requests. Pre-proposal information
requests shall be directed to Angela R. Young, Fulton County Schools Capital Program
Contracts via facsimile at (470) 254-1248 or emailed to [email protected].
Only questions received prior to 4:00 p.m., Monday, March 28, 2016 will be considered
or responded to. A written response to timely pre-proposal information requests will be
made by Addendum issued by Fulton County Schools Capital Improvement Program
Contracts not less than three (3) days prior to proposal submission.
Sy Richards Architect, Inc. Proposal Terms and Conditions
SECTION 00390
PROPOSAL TERMS AND CONDITIONS
1.5 TERMINATION OF SOLICITATION
In any event in which this solicitation is terminated or cancelled, in whole or in part, or in which all
proposals are rejected, there shall be no liability on the part of FCS for any costs incurred by Offerors or
potential Offerors in relation to the solicitation.
1.6 ADDITIONAL TERMS
The FCS shall not be bound by any terms and conditions included in any Offeror’s packaging, service
catalog, brochure, technical data sheet or other document which attempts to impose any conditions at
variance with or in addition to the terms and conditions contained in this solicitation or the FCS purchase
order related to this solicitation or contract. If the Offeror objects to any term or condition that shall relate
to a contract resulting from this solicitation, the objection shall be clearly stated on a separate page
entitled “Objection to Term or Condition” and placed in the proposal immediately after the executive
summary.
If the objection is accepted by FCS it will be stated in the contract. If not stated in the contract the terms
and conditions shall remain as written in the solicitation.
1.7 COMPLIANCE WITH LAWS
All property or services furnished in a Contract resulting from this solicitation shall comply with all
applicable Federal, State and Local laws, codes and regulations. All property or services furnished in a
Contract resulting from this solicitation shall comply with all applicable Federal, State and Local laws,
codes and regulations. All vendors shall include a notarized affidavit stating with specificity any “trade
secret” as the term is defined in O.C.G.A. 10-1-761 to protect such confidential information from being
automatically released under The Open Records Act (O.C.G.A. § 50-18-70 et. seq.), specifically
O.C.G.A. § 50-18-72(a)(34).
1.8 PURCHASING POLICY
The FCS Purchasing Policy, Purchasing Procedures and Regulations are incorporated to this solicitation
(and, therefore, any contract awarded as the result of this solicitation) by reference. By participation in
this solicitation an Offeror, potential Offeror or contractor agrees to be bound by the FCS Purchasing
Policy, Purchasing Procedures and Purchasing Regulations in any issue or action related to this
solicitation or subsequent contract resulting from this solicitation.
1.9 OFFEROR’S REPRESENTATIONS
Offeror, by submitting a proposal, warrants and represents that:
A. Offeror has read, comprehends and submits the proposal in accordance with the provisions
and requirements of the Proposal Documents.
B. Offeror has visited the Project site and is completely familiar with the conditions under which
the Work is to be performed and the local conditions as related to the requirements of the
Proposal Documents.
2016 CBI Renovation Project RFP 417-16 00390-3
Sy Richards Architect, Inc. Proposal Terms and Conditions
SECTION 00390
PROPOSAL TERMS AND CONDITIONS
C. The proposal is based upon the scope, materials, equipment and systems as required by the
Proposal Documents, without exception.
D. Offeror has the expertise and financial capacity to perform and complete all obligations under
the Proposal Documents.
E. The individual executing the Proposal Documents is duly authorized and empowered to
execute the Proposal Documents on behalf of the Offeror.
F. Offeror is aware of and will comply with all applicable code requirements in the performance
of the Work.
G. All expenses incurred by Offeror in preparing the proposal shall be borne solely by Offeror.
END OF SECTION
Fulton County Schools 00700-1 SPLOST IV Program General Conditions
Update: January 9, 2013
DOCUMENT 00700
GENERAL CONDITIONS
Fulton County Schools 00700-2 SPLOST IV Program General Conditions
Update: January 9, 2013
This page left intentionally blank.
Fulton County Schools 00700-3 SPLOST IV Program General Conditions
Update: January 9, 2013
TABLE OF CONTENTS Article Number and Title Section Page Number
ARTICLE 1 – DEFINITIONS
1.1 Addenda ...................................................................................................................................... 9 1.2 Application for Payment ............................................................................................................. 9 1.3 ARCHITECT .............................................................................................................................. 9 1.4 ARCHITECT Consultant ............................................................................................................ 9 1.5 Asbestos Containing Construction Material ............................................................................. 9 1.6 Bidding Documents .................................................................................................................... 9 1.7 Change Order Proposal ............................................................................................................. 9 1.8 Construction Directive ................................................................................................................ 9 1.9 Contract ....................................................................................................................................... 9 1.10 Contract Amount ......................................................................................................................... 9 1.11 Contract Documents ................................................................................................................... 9 1.12 Contract Time ........................................................................................................................... 10 1.13 CONTRACTOR ....................................................................................................................... 10 1.14 Day ............................................................................................................................................ 10 1.15 Defective ................................................................................................................................... 10 1.16 Deferred Approval .................................................................................................................... 10 1.17 Drawings ................................................................................................................................... 10 1.18 Effective Date of the Contract .................................................................................................. 10 1.19 Final Completion ...................................................................................................................... 10 1.20 GDOE ....................................................................................................................................... 10 1.21 General Requirements ............................................................................................................... 10 1.22 Inspector ................................................................................................................................... 10 1.23 Lead Containing Paint ............................................................................................................... 10 1.24 Milestones ................................................................................................................................. 10 1.25 Notice of Intent to Award ......................................................................................................... 11 1.26 Notice of Completion ................................................................................................................ 11 1.27 Notice to Proceed ...................................................................................................................... 11 1.28 OWNER .................................................................................................................................... 11 1.29 OWNER Consultant ................................................................................................................. 11 1.30 OWNER Forces ........................................................................................................................ 11 1.31 OWNER Representative (OR) .................................................................................................. 11 1.32 Partial Use or Occupancy.......................................................................................................... 11 1.33 Product Data ............................................................................................................................. 11 1.34 Project ....................................................................................................................................... 11 1.35 Request for Information ............................................................................................................ 11 1.36 Request for Proposal ................................................................................................................. 11 1.37 Samples ..................................................................................................................................... 11 1.38 SBC ........................................................................................................................................... 11 1.39 Schedule of Values .................................................................................................................. 11 1.40 Separate Work Contract ........................................................................................................... 12 1.41 Shop Drawings ......................................................................................................................... 12 1.42 Specifications ............................................................................................................................ 12 1.43 Subcontractor ............................................................................................................................ 12 1.44 Substantial Completion ............................................................................................................. 12 1.45 Subsurface Facility ................................................................................................................... 12 1.46 Supplementary Conditions ........................................................................................................ 12 1.47 Work ......................................................................................................................................... 12 1.48 Unit Price Work ....................................................................................................................... 12
Fulton County Schools 00700-4 SPLOST IV Program General Conditions
Update: January 9, 2013
ARTICLE 2 – PRIOR TO CONSTRUCTION
2.1 Furnishing of Contract Documents ........................................................................................... 13 2.2 Notice to Proceed and Contract Time Commencement ............................................................ 13 2.3 No Commencement of Work without Insurance and Bonds ..................................................... 13 2.4 Before Starting Construction of the Work ................................................................................ 13 2.7 Survey of Existing Conditions .................................................................................................. 14 2.8 Detailed Construction Schedule ............................................................................................... 15 3.6 Division of Contract Documents .............................................................................................. 18 3.7 Similar Words of Import ........................................................................................................... 18 3.8 General Conditions, Supplementary Conditions and General Requirements ............................ 18 3.9 Brevity in Abbreviations ........................................................................................................... 18 3.10 Singular and Plural Tense ......................................................................................................... 18 3.11 Metric Units of Measurement ................................................................................................... 18 3.12 Standard Technical Specifications of Societies, Institutes, Associations, Etc. .......................... 19 3.13 Absence of Modifiers ................................................................................................................ 19 3.14 Rules of Contract Document Interpretation .............................................................................. 19 3.15 Ownership and Use of ARCHITECT Drawings, Specifications and Other Documents ........... 20 3.16 Contract Document Amendment and Supplements .................................................................. 20
ARTICLE 4 - LAND AVAILABILITY, PHYSICAL AND SUBSURFACE CONDITIONS AND REFERENCES
4.1 Availability and Access to Lands ............................................................................................. 23 4.2 Physical and Subsurface Conditions ......................................................................................... 23 4.3 Physical Conditions - Subsurface Facility ................................................................................ 25 4.4 Reference Points and Elevations .............................................................................................. 26 4.5 Asbestos, PCB’s & Mercury Waste, Lead Based Paint and/or Petroleum ............................... 26 4.6 Hazardous Material, Hazardous Substance, Hazardous Waste and/or Radioactive Materials .. 28 4.7 Materials Not Caused by CONTRACTOR .............................................................................. 31 4.8 Indemnification by CONTRACTOR for Material Caused by CONTRACTOR ...................... 31 4.9 Survival of Provisions............................................................................................................... 31
ARTICLE 5 - INSURANCE AND BONDS
5.1 General ...................................................................................................................................... 33 5.2 Waiver of Subrogation .............................................................................................................. 35 5.3 Lapse in Coverage .................................................................................................................... 35 5.4 Verification of Insurance .......................................................................................................... 35 5.5 Duration of Coverage ............................................................................................................... 35 5.6 Reserved Rights ........................................................................................................................ 35 5.7 Subcontractors .......................................................................................................................... 36 5.8 Audits ........................................................................................................................................ 36 5.9 Safety ........................................................................................................................................ 36 5.10 Bond Requirements .................................................................................................................. 36 5.11 Surety Qualification .................................................................................................................. 37 5.12 Subcontractor Payment and Performance Bonds ...................................................................... 37
ARTICLE 6 - CONTRACTOR DUTIES AND REPONSIBILITIES
6.1–6.6 Management and Superintendence of the Work ....................................................................... 39 6.7–6.9 Labor, Materials and Equipment of the Work ........................................................................... 39 6.10–6.11 Delivery and Storage of Products, Equipment, Fabrications and Materials .............................. 40 6.12 Construction Schedule .............................................................................................................. 40 6.13 Sufficient Forces ....................................................................................................................... 41
Fulton County Schools 00700-5 SPLOST IV Program General Conditions
Update: January 9, 2013
6.14 “Or Equal” and Substitutions .................................................................................................... 41 6.15 Additional Professional Services .............................................................................................. 43 6.16–6.30 Relative to Subcontractors, Suppliers and others ...................................................................... 44 6.31 Patent Fees and Royalties ......................................................................................................... 46 6.32 Permits and Fees ....................................................................................................................... 46 6.33–6.36 Laws and Regulations ............................................................................................................... 46 6.37 Sales, Consumer, Use and Similar Taxes ................................................................................. 47 6.38–6.40 Use of Project Site and Premises .............................................................................................. 47 6.41 Project Record Documents ....................................................................................................... 48 6.42–6.44 Safety and Protection ................................................................................................................ 48 6.45 Hazard Communication Plan .................................................................................................... 49 6.46 Emergencies .............................................................................................................................. 49 6.47 Shop Drawings, Samples, Product Data and Material Lists ..................................................... 50 6.48–6.53 Submittal Procedures ................................................................................................................ 50 6.54 Continuing the Work ................................................................................................................ 52 6.55 Right to Audit ........................................................................................................................... 52 6.56 General Warranty and Guarantee .............................................................................................. 53 6.57 Indemnification ......................................................................................................................... 53 6.58 Indemnification by Subcontractors and Their Sureties ............................................................. 54 6.59 Joint and Several Liability ........................................................................................................ 54 6.60 No Limitation on Obligations to Indemnify ............................................................................. 54
ARTICLE 7 – CONSTRUCTION BY OWNER OR BY SEPARATE WORK CONTRACT
7.1 OWNER Right .......................................................................................................................... 57 7.2 Work Not Identified in Bidding Documents ............................................................................. 57 7.3 Work Identified in Contract Documents ................................................................................... 57 7.4 CONTRACTOR Duties and Responsibilities ........................................................................... 57 7.5 OWNER Roles .......................................................................................................................... 58
ARTICLE 8 - OWNER DUTIES, RIGHTS AND RESPONSIBILITIES
8.1 OWNER Representative ........................................................................................................... 61 8.2 Communication by OWNER .................................................................................................... 61 8.3 ARCHITECT Replacement ...................................................................................................... 61 8.4 Removal of Staff ....................................................................................................................... 62 8.5 Access to Lands, Reference and Reports .................................................................................. 62 8.6 Hazardous Materials, Substances, Wastes, Lead Based Paint and Petroleum ........................... 62 8.7 Insurance ................................................................................................................................... 62 8.8 Right to Audit ........................................................................................................................... 62 8.9 Safety Precautions and Programs .............................................................................................. 62 8.10 Right to Perform Work ............................................................................................................. 62 8.11 Direct Additions, Deletions or Revisions to the Work .............................................................. 62 8.12 Provide Tests and Inspections ................................................................................................... 62 8.13 Furnish Data, Information and Services .................................................................................... 62 8.14 Suspend, Delay, Interrupt, Disrupt, Re-sequence Work ............................................................ 63 8.15 Terminate Right to Proceed with the Work ............................................................................... 63 8.16 Terminate Contract for Convenience ........................................................................................ 63 8.17 Assess Costs, Expenses and/or Damage .................................................................................... 63 8.18 Means, Methods and Techniques .............................................................................................. 63 8.19 Laws and Regulations ............................................................................................................... 63 8.20 Furnishing and Performance of Work ....................................................................................... 63 8.21 Safety Evaluation and a Contractor Performance Evaluation ................................................... 63 1.22 Other OWNER Rights .............................................................................................................. 63
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ARTICLE 9 - ARCHITECT ROLE DURING CONSTRUCTION
9.1 ARCHITECT - General ............................................................................................................ 65 9.2 Periodic Site Visits .................................................................................................................... 65 9.3 ARCHITECT Project Representative ....................................................................................... 65 9.4 Request for Information of the Contract Documents ................................................................ 65 9.5 Authorized Minor Variations in the Work ................................................................................ 66 9.6 Disapproval or Rejection of Defective Work ............................................................................ 67 9.7–9.9 Shop Drawings, Change Order Proposals, Construction Directive and Payments .................... 67 9.10 Unit Prices ................................................................................................................................ 67 9.11 Disputes, Disagreements and other Matters .............................................................................. 67 9.12–9.16 Limitations of ARCHITECT Duty and Authority .................................................................... 67
ARTICLE 10 - CHANGES IN THE WORK
10.1 OWNER Right to Add, Delete or Revise the Work .................................................................. 69 10.2 CONTRACTOR not Entitled to Change in Contract Amount, Milestones and/or Contract Time69 10.3 Request for Proposal ................................................................................................................. 69 10.4–10.6 Construction Directive .............................................................................................................. 69 10.7–10.12 Change Order Proposal ............................................................................................................. 69 10.13–10.14 Change Order ............................................................................................................................ 70
ARTICLE 11 - CHANGE OF CONTRACT AMOUNT
11.1 Contract Amount ...................................................................................................................... 71 11.2 Change of Contract Amount ..................................................................................................... 71 11.3 Cost of Work Relative to Contract Amount, Milestones and/or Contract Time........................ 71 11.4 Value of the Work ..................................................................................................................... 71 11.5 Cost of the Work ....................................................................................................................... 71 11.6 Cost of the Work to Exclude ..................................................................................................... 73 11.7 CONTRACTOR Fee ................................................................................................................. 73 11.8 Time and Material ..................................................................................................................... 74 11.9–11.12 Unit Prices ................................................................................................................................ 74
ARTICLE 12 – CHANGE OF CONTRACT TIME
12.1 General ...................................................................................................................................... 77 12.2 Non-Compensable Delays/Disruptions/Interferences/Hindrances/Accelerations ..................... 77 12.3 OWNER Caused Compensable Delays/Disruptions/Interferences/Hindrances/Accelerations77 12.4 Initial Notice of Start of Issue, Event, Condition, Circumstance, and/or Cause of Perceived or
Actual Delay/Disruption/Interference/Hindrance/Acceleration ........................................... 78 12.5 Final Notice of End of Issue, Event, Condition, Circumstance, and/or Cause of Perceived or
Actual Delay/Disruption/Interference/Hindrance/Acceleration ........................................... 78 12.6–12.7 Change Order Proposal Seeking Adjustment of Contract Amount, Milestones and/or
Contract Time Based Upon Compensable Delay/Disruption/Interference/Hindrance/Acceleration ....................................................... 78
ARTICLE 13 - TESTING AND INSPECTION; DEFECTIVE WORK
13.1 Notice of defective Work .......................................................................................................... 81 13.2 Access to the Work ................................................................................................................... 81 13.3 Inspector of Record ................................................................................................................... 81 13.4–13.11 Testing, Inspection and Observation of the Work ..................................................................... 81 13.12–13.13 OWNER Consultants ................................................................................................................ 82 13.14–13.15 Testing Laboratories and Test Reports ..................................................................................... 83
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13.16–13.17 Uncovering the Work ................................................................................................................ 84 13.18–13.21 Remedying Defective Work ...................................................................................................... 84 13.22–13.25 Correction Period for the Work ................................................................................................. 85 13.26 OWNER Acceptance of defective Work ................................................................................... 85
ARTICLE 14 - CONTRACTOR PAYMENTS AND COMPLETION
14.1 Schedule of Values .................................................................................................................... 87 14.2–14.5 Application for Payment ........................................................................................................... 87 14.6 CONTRACTOR Warranty of Title ........................................................................................... 88 14.7–14.13 Review of Payment Applications .............................................................................................. 89 14.14 Payment Not Constituting Approval or Acceptance ................................................................. 91 14.15 Interest ...................................................................................................................................... 91 14.16–14.17 Substantial Completion ............................................................................................................. 91 14.18 Partial Use or Occupancy .......................................................................................................... 91 14.19 Final Inspection ......................................................................................................................... 92 14.20 Final Payment Application ........................................................................................................ 92 14.21–14.23 Final Payment and Notice of Completion ................................................................................. 93
ARTICLE 15 - WORK SUSPENSION AND TERMINATION
15.1 OWNER Right to Suspend Work .............................................................................................. 95 15.2–15.4 OWNER Termination for Convenience .................................................................................... 95 15.5 Insufficient Performance by CONTRACTOR - OWNER Options ........................................... 96
ARTICLE 16 - CLAIMS AND MANDATORY DISPUTE RESOLUTION
16.1–16.2 Disputes and Claims General .................................................................................................... 99 16.3–16.5 Mandatory Dispute Resolution Process .................................................................................... 99 16.6–16.7 Claim Process/Litigation ......................................................................................................... 100
ARTICLE 17 – ADDITIONAL PROVISIONS
17.1 Governing Law ....................................................................................................................... 103 17.2 Successors and Assigns .......................................................................................................... 103 17.3 Written Notice ......................................................................................................................... 103 17.4 Rights, Remedies, Duties and Obligations Cumulative........................................................... 103 17.5 No Waiver ............................................................................................................................... 103 17.6 Contract Language Controls ................................................................................................... 103 17.7 Communications Facilitating Contract Administration ........................................................... 104 17.8 Claims Involving Injury or Damage to Person or Property ..................................................... 104 17.9 Computation of Time .............................................................................................................. 104 17.10 Oral Agreements or Modifications .......................................................................................... 104 17.11 Unfair Business Practice Claims; Assignment to OWNER .................................................... 104
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ARTICLE 1 – DEFINITIONS
The terms used in these General Conditions and within the Contract Documents have the following meanings assigned to them applicable in both the singular and plural tense. Certain terms are fully capitalized for no other reason than ease of reading.
1.1 Addenda – Additional written or graphical instructions issued prior to the opening of bids, which clarify, modify, correct, amend, add, delete and/or otherwise change the Division 00 - Bidding Requirements or other Contract Documents.
1.2 Application for Payment – The OWNER approved invoice form, along with other supportive
documentation as specified in the Contract Documents, to be certified and submitted by CONTRACTOR, to request progress and/or final payment.
1.3 ARCHITECT – The person, firm, corporation or entity licensed to practice architecture as
identified in the Bidding Documents. 1.4 ARCHITECT Consultant – The person, firm, corporation or entity having a contract with
ARCHITECT to furnish independent consulting services relative to the Work. 1.5 Asbestos Containing Construction Material – Any manufactured construction material
containing more than 0.1% asbestos by weight. 1.6 Bidding Documents – All of the Division 00 Requirements and the proposed Contract
Documents. 1.7 Change Order Proposal – A written instrument prepared and issued by CONTRACTOR
setting forth proposed adjustments to the Contract Amount, Milestones and/or Contract Time, if any, in response to a directed and/or proposed addition, deletion or revision in the Work.
1.8 Construction Directive – A written directive by ARCHITECT or OWNER, on or after the
Effective Date of the Contract, directing CONTRACTOR to proceed regarding an issue of dispute, or requiring CONTRACTOR to take a specified action regarding the Work, Project and/or Contract. A Construction Directive may or may not always result in a change to the Contract Amount or Contract Time.
1.9 Contract – The Contract is comprised of all of the Contract Documents. The Contract
represents the entire, integrated agreement between CONTRACTOR and OWNER and supersedes all prior negotiations, representations, or agreements, written or oral. The Contract can only be amended by a written Change Order. The Contract is made solely for the benefit of CONTRACTOR and OWNER and no others. The Contract shall not create a contractual relationship of any kind between CONTRACTOR and ARCHITECT, or between OWNER and any Subcontractor, supplier or anyone other than CONTRACTOR.
1.10 Contract Amount – The dollar amount stated in the agreement payable by OWNER to
CONTRACTOR. The Contract Amount may be increased or decreased only by Change Order.
1.11 Contract Documents – The Bid and Acceptance Form, Addenda, documentation
accompanying the bid and any post bid documentation submitted after the Notice of Intent to Award, the Notice to Proceed, the bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings, together with all Change Orders,
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Construction Directives, and ARCHITECT written interpretations and clarifications issued pursuant to General Condition Article 9.4.
Reports, drawings and/or other documents referenced in Section 00300, Product Data and
Sample submittals reviewed relative to Article 6.50 and 6.51 are not Contract Documents. In addition, Shop Drawings are not Contract Documents unless they bear the signature and seal of the Project Architect of Record.
1.12 Contract Time - As stated in the Contract, the Contract Time is the original duration of the
Contract plus Change Order adjustments. 1.13 CONTRACTOR - The person, firm, corporation or entity with whom the OWNER has
entered into the Contract. 1.14 Day - Means calendar day in every case. 1.15 Defective - When proceeding the term Work, it references Work deemed to be unacceptable,
faulty, unsuitable, unsightly or otherwise not in compliance with the Contract Documents including any inspection, standard, test, submittal, and/or approvals required by the Contract Documents.
1.16 Deferred Approval - Those portions of the design, if any, requiring CONTRACTOR
preparation and submittal, within the specified time, to the ARCHITECT and/or other approval authorities.
1.17 Drawings - Pictorial or graphical portions of the Contract Documents, prepared by or on
behalf of the ARCHITECT, denoting the scope, design, extent, location, character, and dimensions of the Work to be performed and may include plans, elevations, sections, details, schedules and diagrams, etc., however, Shop Drawings are not Drawings as so defined herein.
1.18 Effective Date of the Contract – The date on which OWNER Board of Education approves
and/or ratifies the Contract or if OWNER Board of Education has delegated such authority in writing to an OWNER employee, then the date on which the designated OWNER employee signs the Contract.
1.19 Final Completion – When, in fact, all Contract requirements of the CONTRACTOR have been
met. 1.20 GDOE – Georgia Department of Education 1.21 General Requirements – Division 01 Sections of the Specifications. 1.22 Inspector – Authority having jurisdiction to inspect the work. 1.23 Lead Containing Paint – Means paint or other surface coatings that contain an amount of lead
equal to or greater than .06% lead dry weight (600 parts per million). 1.24 Milestones – Designated dates, if any, as set forth in the Detailed Construction Schedule in
which Work or portions thereof are required to be started and/or completed in accordance with the Contract Documents.
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1.25 Notice of Intent to Award – The notice issued by OWNER to the successful Offeror advising of OWNER intent to execute and deliver Contract to CONTRACTOR contingent upon timely completion of and compliance with terms and conditions specified in said notice.
1.26 Notice of Completion – A notice by OWNER recorded with the County Recorder upon Final
Completion. 1.27 Notice to Proceed – A notice issued by OWNER to CONTRACTOR establishing the (1) date
of Contract Time commencement, (2) date CONTRACTOR is authorized to commence performance of CONTRACTOR obligations in accordance with the Contract Documents.
1.28 OWNER – Fulton County Board of Education. 1.29 OWNER Consultant – The person, firm or corporation having a Contract with OWNER to
furnish independent professional services relative to the Work and/or Project. 1.30 OWNER Forces – Is defined as Work undertaken by force account and/or Contract executed
with other CONTRACTOR(S) to complete portions of the project. 1.31 OWNER Representative (OR) – The designated authorized representative of OWNER who
shall provide administration of the Contract relative to the Project, Work, or any part thereof. OR shall be synonymous with the term, OWNER.
1.32 Partial Use or Occupancy – Use or occupancy by OWNER of a partially completed portion,
part, space or area of the Work, prior to Substantial Completion of the Work. 1.33 Product Data – CONTRACTOR furnished literature, illustrations, standard schedules,
performance charts, instructions, brochures, diagrams, catalog cuts, color charts, templates, installation and maintenance instructions, test data, agency or regulatory approvals, or other required product information furnished by CONTRACTOR relative to the Work.
1.34 Project – The term Project is used to refer to the Work of this Contract and it may also refer to
Work by OWNER, Separate Work Contract and/or other entities with whom CONTRACTOR must coordinate the Work of this Contract.
1.35 Request for Information – A written instrument prepared by CONTRACTOR and issued to
ARCHITECT requesting clarification of the Contract Documents. 1.36 Request for Proposal – A written instrument issued by ARCHITECT directing
CONTRACTOR submission of a written estimate detailing the proposed changes to the Contract Amount, Milestones and/or Contract Time in response to the proposed Work contained therein.
1.37 Samples – CONTRACTOR furnished physical specimens such as swatches, natural
materials, materials, fabricated items, equipment, devices, appliances, cuts, containers, color Boards, textures, fabrications, finishes, or other required samples furnished by CONTRACTOR relative to the Work.
1.38 SBC – Standard Building Code including any State of Georgia Amendments. 1.39 Schedule of Values – A written instrument using AIA Form G703 to enable
CONTRACTOR to certify and subdivide the quantities and costs aggregating the total
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Contract Amount into sufficiently detailed component parts in order to serve as the basis for progress payments during construction.
1.40 Separate Work Contract – OWNER contract with a separate contractor to perform work or
provide services in conjunction with the Project and/or Work of this Contract. 1.41 Shop Drawings – CONTRACTOR furnished original drawings such as illustrations,
diagrams, schedules, fabrications, erection, coordination, layout, setting, details, standards, performance charts or curves, installation, routing, isometric, wiring, control, piping, or other required shop drawings furnished by CONTRACTOR relative to the Work.
1.42 Specifications – Those portions of the Contract Documents consisting of the written technical
and/or administrative descriptions of materials, equipment, systems, codes, regulations, procedures, standards, workmanship, services, facilities, supplies, instructions, transportation, quality, etc., as applied to the Work.
1.43 Subcontractor – The person, firm, corporation or entity executing a direct contract with
CONTRACTOR or with any subcontractor for the performance of a portion of the Work. 1.44 Substantial Completion – The stage in the progress of the Work when all of the requirements
of the Contract are substantially performed and completed so OWNER can have beneficial use and occupancy of the Work as intended under the Contract, subject only to remaining minor and trivial defective Work, if any.
1.45 Subsurface Facility – All underground or below grade facilities and/or improvements,
including but not limited to, any and/or all encasements such as pipelines, wells, conduits, raceways, duct banks, ducts, cables, conductors, sensors, manholes, valve boxes, metering devices or other such facilities which collect, furnish, supply, distribute, and/or transport to this or any other site or property electricity, telephone, data, steam, gases, petroleum, cable or satellite signals, sewage, signal systems, water, storm drainage, traffic signals, or other control systems.
these General Conditions. 1.47 Work – All of the terms and conditions set forth in the Contract Documents, including the
various separately identifiable parts thereof to be furnished thereunder. The Work shall include, without limitation, all labor, materials, apparatus, supplies, services, facilities, utilities, transportation, manuals, warranties, training, and the like, necessary for the CONTRACTOR to faithfully perform and complete all of its obligations under the Contract.
1.48 Unit Price Work - Work which is measured and paid for by OWNER to CONTRACTOR
on a unit price basis.
END OF ARTICLE
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ARTICLE 2 – PRIOR TO CONSTRUCTION
2.1 Furnishing of Contract Documents
After the Effective Date of the Contract, CONTRACTOR will be furnished such copies of the Contract Documents as set forth in the Instructions to Offerors.
2.2 Notice to Proceed and Contract Time Commencement
The Contract Time will commence on the date specified in the Notice to Proceed. 2.3 No Commencement of Work without Insurance and Bonds CONTRACTOR shall not commence Work on the Project site or elsewhere before the
effective date of the insurance and bonds CONTRACTOR is required to obtain by the Contract Documents. The established date of commencement of the Contract Time will not be changed by the effective date of such insurance and/or bonds.
2.4 Before Starting Construction of the Work
In addition to all pre-bid obligations of the CONTRACTOR, and prior to commencing any and each portion of the Work, CONTRACTOR shall carefully examine all of the Contract Documents and any other information available to CONTRACTOR relative to materials and methods of construction of the Work and/or Project requirements. CONTRACTOR shall file any needed Request for Information within a reasonable time prior to the commencement of any Work for any perceived or alleged error, inconsistency, ambiguity, or lack of detail or explanation of the intent of the Contract Documents. If CONTRACTOR performs, permits, or causes the performance of any portion of the Work under the Contract Documents, which in the exercise of reasonable care should have known to be in error, inconsistent, ambiguous, or not sufficiently detailed or explained, CONTRACTOR shall bear any and all costs arising there from including, without limitation, the cost of correction thereof without any corresponding adjustment to the Contract Amount, Milestones and/or the Contract Time.
2.5 Preliminary Matters Within ten (10) days after the Effective Date of the Contract CONTRACTOR shall submit to
ARCHITECT and OR for review:
2.5.1 in accordance with applicable Division 01 Requirements and Georgia Law, a certified Schedule of Values which includes a detailed breakdown of the Contract Amount for the Work, Contract and/or Project site in sufficient detail to serve as the basis for construction progress payments during the first 30 days following the date established in the Notice to Proceed. CONTRACTOR shall certify the accuracy of the Schedule of Values, including, without limitation, the applicable provisions of the Division 01 General Requirements;
2.5.2 a cash flow schedule of estimated monthly payment requests due
CONTRACTOR estimating the values and construction time of the various portions of the Work to be performed by CONTRACTOR, Subcontractors, and/or material and equipment suppliers;
2.5.3 the name, address, telephone number, fax number, license number, and
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classification of all Subcontractors and of all other parties furnishing labor, material, or equipment to CONTRACTOR, along with the amount of each such subcontract or the total price of such labor, material, and equipment needed for each Subcontractors total portion of the Work;
2.5.4 in accordance with applicable Division 01 Requirements, a Preliminary
Construction Schedule with milestones based upon Section 01010 Appendix A, indicating the duration in days of starting and completing the Work, including but not limited to, any and all Milestone dates specified in the Contract Documents;
2.5.5 in accordance with applicable Division 01 Requirements and in conjunction with
the Preliminary Construction Schedule as specified in Article 2.5.4, a preliminary schedule of Shop Drawing, Material List, Product Data and Sample submittals setting forth the scheduled durations for submission, review and processing.
2.6 Job Start Meeting
Within twenty (20) days after the Effective Date of the Contract, but prior to the issuance of the Notice to Proceed, CONTRACTOR and all Subcontractors listed in bid documents of CONTRACTOR are required to attend a mandatory job start meeting conducted by OR and further attended by, but not limited to, ARCHITECT. Such proceedings shall be electronically recorded with the following, but not limited to, topics discussed:
2.6.1 OR and ARCHITECT shall review, discuss, and recommend corrections to
CONTRACTOR Preliminary Construction Schedule as referenced in Articles 2.5.4, 2.5,5 and the Schedule of Values as referenced in Article 2.5.1. OR, ARCHITECT and CONTRACTOR, shall review required procedures for handling submittals, processing of Applications for Payment, identification of Owner Representative as per Article 8.1, and the roles, duties and limitations of OR, ARCHITECT and CONTRACTOR.
2.6.2 Other related items as specified in, but not limited to, the Division 01 General
Requirements and/or Contract Documents. 2.7 Survey of Existing Conditions
In addition to all pre-bid obligations of the CONTRACTOR, and prior to the commencement of any Work, CONTRACTOR shall perform a thorough survey that shall include but is not limited to photographing and otherwise memorializing any and all existing conditions, defects and improvements of the Project site, adjacent sites, utilities and public right of way approaches thereon (“existing conditions survey”). The existing conditions survey shall be filed with OR with copies transmitted to ARCHITECT. The CONTRACTOR shall notify the OR in writing within three (3) days of becoming aware of any change and/or damage to the Project site, adjacent sites, utilities and public right of way approaches thereon, that occur after commencement of any Work. The notification shall include documentation showing the changes to the existing conditions survey and the individual(s) responsible for the changes and/or damages.
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2.8 Detailed Construction Schedule
Unless otherwise noted in the Contract Documents, and within thirty (30) days after the Notice to Proceed, CONTRACTOR shall submit a Detailed Construction Schedule using Microsoft Project (Version 2010 or later) software, based on the corrected Preliminary Construction Schedule described in Article 2.6.2 and in full compliance with related Sections of the Division 01 General Requirements.
2.9 OWNER shall provide an integrated project control system for document management, which
shall be accessible by CONTRACTOR, ARCHITECT/ENGINEER and OWNER through a web-based program. The CONTRACTOR, ARCHITECT/ENGINEER and OWNER shall use the designated document management and control software system to track and control all construction project documentation that shall include, but not be limited to, Contact Directory, Request for Information, Request for Proposal, Change Order Proposal, Construction Directive, Change Orders, Minutes of Meetings, Pay Requests, Schedules and all OWNER and CONTRACTOR communications such as Correspondence, Transmittals, Insurance Certificates, Submittals, Action Items, Daily Reports and Punch Lists required under any Contract Documents and this Contract. However, any notice required under Article 16 of the Contract shall conform to the requirements stated therein.
END OF ARTICLE
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ARTICLE 3 – THE CONTRACT DOCUMENTS
3.1 Contract Documents Complementary and Inclusive The Contract Documents are complementary and are intended to include all items required for
the proper execution and completion of the Work. Any item of Work mentioned in the Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be the responsibility of the CONTRACTOR to incorporate into the Work and perform as if shown or mentioned in both.
3.2 Intent of the Drawings and Specifications The intent of the Drawings and Specifications is to describe the Work to be performed by
CONTRACTOR. The Specifications describe Work which cannot be readily indicated on the Drawings such as quality of materials, workmanship, and execution whereas the Drawings generally describe dimensions, elevations and general layout of the Work. It is not the intent to specify every item of the Work in the Specifications, which is shown on the Drawings, or to show on the Drawings all items of the Work described or specified in the Specifications even if such items could have been shown and/or specified. All aspects of the Work, on the Drawings or in the Specifications, or which are reasonably inferable there from as being necessary to complete the Work, shall be incorporated into the Work and performed by CONTRACTOR whether or not such aspects of the Work are expressly covered in the Drawings or the Specifications. It is intended the Work be of sound, quality construction, and CONTRACTOR is responsible for the inclusion of all direct and indirect costs and expenses to cover all items indicated, described, or implied in the Work to be performed.
3.3 Ambiguity, Conflict, Difference or Discrepancy In the event there is an ambiguity, conflict, difference or discrepancy between the various
Contract Documents, then the priorities listed in Article 3.14 shall govern unless noted otherwise in this Article. Without limiting CONTRACTOR obligation to identify conflicts for resolution, it is intended the more stringent, higher level of quality, greater quantity and/or higher level of workmanlike manner shall prevail and control. If discrepancies in the Contract Documents are not corrected by Addenda during the bid period, CONTRACTOR represents and warrants the scope and amount of its bid includes all materials, supplies, equipment, services, facilities, apparatus, and methods of construction that provides for the higher cost, quantity and quality.
3.4 Conformance with Laws
In addition to all pre-bid obligations of the CONTRACTOR, and before commencing any portion of the Work, CONTRACTOR shall exercise reasonable care to review the Contract Documents from a construction standpoint for conformance and compliance with laws, ordinances, codes, rules and regulations of all governmental authorities and public utilities affecting the construction portion of the Project. In the event CONTRACTOR observes any violation of any law, ordinance, code, rule or regulation, or inconsistency with any such restrictions or special requirements of the Contract Documents, CONTRACTOR shall provide notice to ARCHITECT and OR. Unless specifically stated otherwise in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any violation and/or inconsistency between the provisions of the Contract Documents and the provisions of any laws, ordinances, codes, rules and regulations applicable to the Work, unless such application of the provisions of the Contract Documents would directly result in a violation of such laws, ordinances, codes, rules, and/or regulations. In the event the
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requirements of Article 3.4 or the written interpretation or clarifications of ARCHITECT do not resolve the violation or inconsistency the decisions and directives of OR shall be final for the purpose of proceeding with the Work. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive.
3.5 Priority of Addenda In addition to the priorities listed in Article 3.14, Addenda shall govern over all other Contract
Documents to the extent there is a conflict. Subsequent Addenda issued shall govern over prior Addenda only to the extent specified and only to the extent there is a conflict.
3.6 Division of Contract Documents The Contract Documents, including, without limitation, the Specifications, are divided into
titled sections for convenience only and not to dictate or determine the trade or craft involved. 3.7 Similar Words of Import Where “as shown,” “as indicated,” “as detailed,” or words of similar import are used,
reference is made to the Drawings accompanying the Specifications unless otherwise stated. Where “provide,” “furnish,” “install,” “complete,” or words of similar import are used, it shall mean to put in place for the intended use or operation. “Where “as directed,” “as required,” “as permitted,” “as authorized,” “as accepted,” “as selected,” or words of similar import are used, the direction, requirement, permission, authorization, approval, acceptance, or selection by ARCHITECT and/or OR is intended unless otherwise stated.
3.8 General Conditions, Supplementary Conditions and General Requirements The General Conditions, Supplementary Conditions and Division 01 General Requirements
are a part of each and every section of the Contract Documents. 3.9 Brevity in Abbreviations The Contract Documents are written in an abbreviated form and may not include complete
sentences. 3.10 Singular and Plural Tense Words in the singular shall include the plural whenever applicable or the context so
indicates or requires. 3.11 Metric Units of Measurement The Contract Documents may indicate metric units of measurement as a supplement to U.S.
customary units. When indicated thus: 1 “(25 mm), the U. S. customary unit is specific, and the metric unit is nonspecific. When not shown with parentheses, the unit is specific. The metric units correspond to the “International System of Units” (SI) and generally follow ASTM E 380, “Standard for Metric Practice.”
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3.12 Standard Technical Specifications of Societies, Institutes, Associations, Etc. Any reference to standard technical specifications of any society, institute, association, or
governmental authority is a reference to the respective organization’s standard technical specifications, which are in effect on the date of bid submission for the Work. If applicable standard technical specifications are revised before completion of any part of the Work, CONTRACTOR may, if acceptable to ARCHITECT and OR, perform such Work in accordance with the revised standard technical specifications. The standard technical specifications, except as modified in the Contract Documents, shall have full force and effect as though printed in the Contract Documents. Before commencing any portion of the Work, CONTRACTOR shall check and review the Contract Documents from a construction standpoint for conformance and compliance with the provisions of all standard technical specifications, listed or otherwise. In the event CONTRACTOR observes a conflict, ambiguity or discrepancy between the provisions of the Contract Documents and standard technical specifications, CONTRACTOR shall provide notice to ARCHITECT and OR and shall ensure such conflict, ambiguity or discrepancy is corrected in the prescribed manner prior to the commencement of said portion of the Work. Unless stated otherwise in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, ambiguity or discrepancy between the provisions of the Contract Documents and standard technical specifications. In the event the requirements of Article 3.12 or the written interpretation or clarifications of ARCHITECT do not resolve the conflict, ambiguity or discrepancy the decisions and directives of OR shall be final for the purpose of proceeding with the Work. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within 10 days of the date of issue of the Construction Directive.
3.13 Absence of Modifiers [Intentionally left blank]. 3.14 Rules of Contract Document Interpretation
3.14.1 In the event of conflict between the various sections of the Contract Documents, the following order of priority shall govern:
3.14.1.1 Offer and Acceptance Form as set forth in Section 00400; 3.14.1.2 Addenda as specified in Article 3.5; 3.14.1.3 Supplementary General Conditions; 3.14.1.4 General Conditions; 3.14.1.5 Division 01 General Requirements; 3.14.1.6 Divisions 02-16;
3.14.2 Where applicable, the requirements approved by other authorities having
jurisdiction over any item submitted as a Deferred Approval shall take precedence over any previously issued Addenda, Drawing or Specification.
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3.14.3 In the event of conflict between the Drawings and Specifications, the Specifications shall generally govern as to quality of materials, workmanship, and execution whereas Drawings generally govern dimensions, elevations and layout of the Work. In case of conflict between the Drawings and Specifications, a conflict in the Drawings or a conflict in the Specifications, it is the intent of the Contract Documents to require the CONTRACTOR to provide the more stringent, higher quality of material and/or workmanship, and/or greater quantities into the Work.
3.14.4 In the event the written clarifications or interpretations of ARCHITECT create a
conflict within the Contract Documents, the decision and directives of OR shall be final for the purpose of proceeding with the Work. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive.
3.15 Ownership and Use of ARCHITECT Drawings, Specifications and Other Documents
The Drawings, Specifications, and the other Contract Documents prepared on behalf of OWNER are instruments of the services of ARCHITECT and prepared for OWNER. Neither CONTRACTOR, Subcontractor, or Material or Equipment Supplier shall own or claim a copyright in the Drawings, Specifications, and other Contract Documents prepared by ARCHITECT, and unless otherwise indicated, ARCHITECT shall be deemed the author of them all. All copies of them, except CONTRACTOR record document set, shall be returned or suitably accounted for to ARCHITECT upon completion of the Work. Drawings, Specifications, and other Contract Documents prepared by ARCHITECT, and copies thereof furnished to CONTRACTOR, are for use solely with respect to the Work. They are not to be used by CONTRACTOR, Subcontractor, or material or equipment supplier on other Work or for additions to the Work outside the scope of this Work without the specific written consent of OWNER. CONTRACTOR, Subcontractors, and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of Drawings, Specifications, and other Contract Documents prepared by ARCHITECT appropriate to and for use in the execution of their Work under the Contract Documents. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Work is not to be construed as publication in derogation of any property interest or other reserved right.
3.16 Contract Document Amendment and Supplements
3.16.1 After the Effective Date of the Contract the Contract Documents may be changed, altered, modified, amended and/or supplemented at any time and from time to time in order to add, delete and/or otherwise revise the Work and/or to modify the terms and conditions contained therein. The Contract Documents shall be amended and/or supplemented by one or more of the following ways:
3.16.1.1 a Change Order; 3.16.1.2 a Construction Directive.
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3.16.2 In addition, supplements to the requirements of the Contract Documents and/or minor deviations and/or variations in the Work may be authorized and accomplished in one of the following ways:
3.16.2.1 ARCHITECT review of a Shop Drawing, Product Data or Sample
subject to the provisions of Articles 6.50 and 6.51; 3.16.2.2 ARCHITECT written interpretation or clarification; 3.16.2.3 OR written interpretation or directive.
END OF ARTICLE
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ARTICLE 4 - LAND AVAILABILITY, PHYSICAL AND SUBSURFACE CONDITIONS AND REFERENCES
4.1 Availability and Access to Lands
OWNER shall, as indicated in the Contract Documents, secure and pay for easements and right of ways to the lands and/or to the Project site where the Work is to be performed. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities, if any, shall be secured by and paid for by OWNER. CONTRACTOR is responsible for providing any additional lands and access to such lands required by CONTRACTOR for temporary storage of equipment and materials, temporary construction facilities, staging of equipment or materials or parking of vehicles.
4.2 Physical and Subsurface Conditions
4.2.1 Reports, drawings, data and assessments: Reference is made to Section 00300 Information Available to Offerors for identification of:
4.2.1.1 Subsurface Conditions: Those reports, drawings, data and/or
assessments of tests and/or exploration of subsurface conditions at or contiguous to the Project site that were utilized in preparing the Bidding Documents.
4.2.1.2 Physical Conditions: Those drawings, descriptions, photographs,
reports, assessments and/or mapping of physical conditions, other than Subsurface Facility, relating to existing surface and/or subsurface structures at or contiguous to the Project site that were utilized in preparing Bid Documents.
4.2.2 Differing Subsurface or Physical Conditions: If CONTRACTOR believes any
subsurface or physical condition uncovered, revealed or otherwise exposed at the Project site is:
4.2.2.1 of such a character and/or nature as to require a change in the
Contract Documents; 4.2.2.2 materially different from that shown, indicated or described in the
Bidding Documents; 4.2.2.3 of an unusual nature materially different from conditions normally
encountered and generally recognized as inherent in Work of the character provided for in the Bidding Documents, then;
4.2.2.4 CONTRACTOR shall, upon discovery, and before further
disturbance of conditions or performing Work in connection with, provide notice to OR and ARCHITECT setting forth a description of such conditions. CONTRACTOR shall not further disturb such conditions until directed to do so by OR or ARCHITECT and;
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4.2.2.5 OR and ARCHITECT shall review the described conditions and shall determine the necessity to secure additional explorations and/or tests and shall provide notice to CONTRACTOR of the findings and conclusions.
4.2.3 Possible Change in Contract Documents: If OR and ARCHITECT determine a
change in the Contract Documents is warranted as a result of a differing subsurface or physical condition as noted in Articles 4.2.2.1 through 4.2.2.3 a Construction Directive may be issued to reflect and document the change.
4.2.4 Contract Amount, Milestones and Contract Time Adjustments: Adjustment of
the Contract Amount, Milestones and/or Contract Time will be allowed to the extent the existence of such revealed conditions directly causes an increase in CONTRACTOR cost and/or time of performance of the Work subject to the following:
4.2.4.1 the condition must meet one or more of the limitations as set forth in
Articles 4.2.2.1 through 4.2.2.3, inclusive; 4.2.4.2 a change in the Contract Documents as set forth in Article 4.2.3 shall
not serve as an entitlement to any adjustments to the Contract Amount, Milestones and/or Contract Time;
4.2.4.3 in respect to Work which is paid on a Unit Price basis, any
adjustment to the Contract Amount shall be as set forth in Articles 9.10 and 11 .11 through 11.12;
4.2.4.4 CONTRACTOR shall not be entitled to an adjustment in the Contract
Amount, Milestones and/or Contract time if:
4.2.4.4.1 CONTRACTOR was aware of the condition at the time of bid;
4.2.4.4.2 the existence or discovery of the condition would have
been apparent as a result of any examination, investigation, exploration, test and/or examination of the Project site and areas adjoining the Project site as required by the Bidding Documents prior to CONTRACTOR submission of bid;
4.2.4.4.3 CONTRACTOR failed to provide notice in accordance
with Article 4.2.2.4. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive.
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4.3 Physical Conditions - Subsurface Facility
4.3.1 Shown or Indicated in Bidding Documents: The information shown or indicated in the Bidding Documents in respect to existing Subsurface Facility at or adjacent to the Project site is based on information provided to OWNER, OWNER Consultant, ARCHITECT or ARCHITECT Consultant by the owners of such facility or by others. Unless it is specifically expressed otherwise in the Contract Documents:
4.3.1.1 OWNER, OR, OWNER Consultant, ARCHITECT and
ARCHITECT Consultant shall not be responsible for the accuracy and completeness of any information or data by others and not shown or included in the Contract Documents;
4.3.1.2 the costs to perform all of the following shall be included in the
Contract Amount and CONTRACTOR shall be responsible for: reviewing, checking and verifying all such information and data; locating all Subsurface Facility shown, indicated and/or described in the Bidding Documents; coordination and construction of the Work in conjunction with the owners of all such Subsurface Facility; the continuous operation of all existing Subsurface Facility; the furnishing and maintenance of all temporary in kind and place Subsurface Facility; the safety and protection of all such Subsurface Facility as provided for in Article 6.44.4 and the repair and/or replacement of any damaged Subsurface Facility resulting from the Work.
4.3.2 Not Indicated or Shown: If CONTRACTOR reveals and/or uncovers any
Subsurface Facility not shown or indicated in the Bidding Documents, CONTRACTOR shall, upon discovery and before further disturbance of such Subsurface Facility, identify the owner of such Subsurface Facility and provide notice to the owner of such Subsurface Facility, OR and ARCHITECT. OR and ARCHITECT shall review the Subsurface Facility and determine the extent of any change to the Contract Documents. If ARCHITECT determines a change in the Contract Documents is required a Construction Directive may be issued and CONTRACTOR shall be responsible for the safety and protection of such Subsurface Facility as set forth in Article 6.44.4. CONTRACTOR shall only be entitled to an adjustment in the Contract Amount, Milestones and/or Contract Time to the extent they are directly related to the existence of any Subsurface Facility which was not shown and/or indicated in the Bidding Documents. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive.
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4.4 Reference Points and Elevations
When required by the scope of the Work, OWNER will furnish at its expense, an engineering survey of the Project site, giving as applicable, benchmark elevation points, property lines and corners. CONTRACTOR shall layout the Work and shall be responsible for the preservation of all established benchmark elevation points, property lines and corners and shall not demolish, relocate and/or change the location of any benchmark elevation point, property line or corner without the prior written approval of OR. CONTRACTOR shall, upon the loss, destruction and/or relocation of any benchmark elevation points, property line or corner promptly notify ARCHITECT and OR prior to such replacement and/or relocation of benchmark elevation point, property line or corner. CONTRACTOR shall, at expense of CONTRACTOR, engage the services of State of Georgia licensed surveyor to replace and/or relocate benchmark elevation points, property line or corners lost, destroyed and/or relocated.
4.5 Asbestos, PCB’s & Mercury Waste, Lead Based Paint and/or Petroleum
4.5.1 OWNER shall be responsible for any asbestos, polychlorinated biphenyl’s (PCB’s), mercury waste, lead based paint and petroleum discovered, uncovered and/or otherwise revealed at the Project site which were not identified, described, shown or indicated in the Bidding Documents to be within the scope of the Work. OWNER is not responsible for any such materials brought to the Project site by CONTRACTOR, Subcontractor, material supplier or anyone else CONTRACTOR is directly or indirectly responsible for. The provisions as set forth in Articles 4.2 and 4.3 are not intended to apply to asbestos, PCB’s and mercury waste, lead based paint and petroleum uncovered, revealed and/or otherwise exposed at the Project site.
4.5.2 Asbestos: If, during construction of the Work in areas where CONTRACTOR is
required to perform Work, CONTRACTOR discovers, uncovers and/or otherwise reveals a material reasonably believed to be asbestos, which was not identified, described, shown or indicated in the Bidding Documents to be within the scope of the Work, CONTRACTOR shall immediately stop Work in the affected area and provide notice, as set forth in Article 12.4, to OR and ARCHITECT, advising of the circumstances of such discovery, Work stoppage and whether or not such material was generated by CONTRACTOR or OWNER. CONTRACTOR shall also immediately provide notice to Fulton County Schools Environmental Services Division of Facilities Services Department. OWNER shall retain an independent testing laboratory to determine the nature of the material encountered and whether corrective measures or remedial action is required. If test results indicate and/or otherwise confirm the material as an asbestos material requiring treatment and/or removal, OR may issue a Construction Directive for the legal treatment and/or removal and disposal thereof. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive. After treatment and/or removal, the independent testing laboratory shall test and certify the asbestos material has been removed and/or controlled to within legal limits and requirements. Upon receipt of such test results, OR will provide notice, as set forth in Article 12.5, to CONTRACTOR to proceed with construction in affected Work areas. If CONTRACTOR contends the issue, event, condition,
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circumstance, and/or cause entitles CONTRACTOR to an adjustment of the Contract Amount, Milestones and/or Contract Time, then CONTRACTOR shall proceed as required by Article 12.6.
4.5.2.1 CONTRACTOR shall be listed on or shall utilize OWNER approved
asbestos abatement Subcontractors. 4.5.3 PCB’S & Mercury Waste: If, during construction of the Work in areas where
CONTRACTOR is required to perform Work, CONTRACTOR discovers, uncovers and/or otherwise reveals a material reasonably believed to be PCB’s or mercury waste, which were not identified, described, shown or indicated in the Bidding Documents to be within the scope of the Work, CONTRACTOR shall immediately stop Work in the affected area and provide notice, as set forth in Article 12.4, to OR and ARCHITECT, advising of the circumstances of such discovery, Work stoppage and whether or not such material was generated by CONTRACTOR or OWNER. OWNER shall retain an independent testing laboratory to determine the nature of the material encountered and whether corrective measures or remedial action is required. If test results indicate and/or otherwise confirm the material as PCB’s or mercury waste requiring treatment and/or removal, OR may issue a Construction Directive for the legal treatment and/or removal and disposal thereof. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive. After treatment and/or removal, the independent testing laboratory shall test and certify the PCB’s or mercury waste has been removed and/or controlled to within legal limits and requirements. Upon receipt of such test results, OR will provide notice, as set forth in Article 12.5, to CONTRACTOR to proceed with construction in affected Work areas. If CONTRACTOR contends the issue, event, condition, circumstance, and/or cause entitles CONTRACTOR to an adjustment of the Contract Amount, Milestones and/or Contract Time, then CONTRACTOR shall proceed as required by Article 12.6.
4.5.4 Lead Based Paint: If, during construction of the Work in areas where
CONTRACTOR is required to perform Work, CONTRACTOR discovers, uncovers and/or otherwise reveals a material reasonably believed to be lead based paint, which was not identified, described, shown or indicated in the Bidding Documents to be within the scope of the Work, CONTRACTOR shall immediately stop Work in the affected area and provide notice, as set forth in Article 12.4, to OR and ARCHITECT, advising of the circumstances of such discovery, Work stoppage and whether or not such material was generated by CONTRACTOR or OWNER. OWNER shall retain an independent testing laboratory to determine the nature of the material encountered and whether corrective measures or remedial action is required. If test results indicate and/or otherwise confirm the material as lead based paint requiring treatment and/or removal, OR may issue a Construction Directive for the legal treatment and/or removal and disposal thereof. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles
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10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive. After treatment and/or removal, the independent testing laboratory shall test and certify the lead based paint has been removed and/or controlled to within legal limits and requirements. Upon receipt of such test results, OR will provide notice, as set forth in Article 12.5, to CONTRACTOR to proceed with construction in affected Work areas. If CONTRACTOR contends the issue, event, condition, circumstance, and/or cause entitles CONTRACTOR to an adjustment of the Contract Amount, Milestones and/or Contract Time, then CONTRACTOR shall proceed as required by Article 12.6.
4.5.5 Petroleum: If, during construction of the Work in areas where CONTRACTOR
is required to perform Work, CONTRACTOR discovers, uncovers and/or otherwise reveals a material reasonably believed to be petroleum, which was not identified, described, shown or indicated in the Bidding Documents to be within the scope of the Work, CONTRACTOR shall immediately stop Work in the affected area and provide notice, as set forth in Article 12.4, to OR and ARCHITECT, advising of the circumstances of such discovery, Work stoppage and whether or not such material was generated by CONTRACTOR or OWNER. OWNER shall retain an independent testing laboratory to determine the nature of the material encountered and whether corrective measures or remedial action is required. If test results indicate and/or otherwise confirm the material as petroleum requiring treatment and/or removal, OR may issue a Construction Directive for the legal treatment and/or removal and disposal thereof. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive. After treatment and/or removal, the independent testing laboratory shall test and certify the lead based paint has been removed and/or controlled to within legal limits and requirements. Upon receipt of such test results, OR will provide notice, as set forth in Article 12.5, to CONTRACTOR to proceed with construction in affected Work areas. If CONTRACTOR contends the issue, event, condition, circumstance, and/or cause entitles CONTRACTOR to an adjustment of the Contract Amount, Milestones and/or Contract Time, then CONTRACTOR shall proceed as required by Article 12.6.
4.6.1 OWNER shall be responsible for any hazardous material, hazardous substance, hazardous waste or radioactive materials discovered, uncovered and/or otherwise revealed at the Project site which were not identified, described, shown or indicated in the Bidding Documents to be within the scope of the Work. OWNER is not responsible for any such materials brought to the Project site by CONTRACTOR, Subcontractor, material supplier or anyone else CONTRACTOR is directly or indirectly responsible for. The provisions as set forth in Articles 4.2 and 4.3 are not intended to apply to hazardous material, hazardous substance, hazardous waste and/or radioactive material uncovered, revealed and/or otherwise exposed at the Project site.
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4.6.2 Hazardous Material: If, during construction of the Work in areas where CONTRACTOR is required to perform Work, CONTRACTOR discovers, uncovers and/or otherwise reveals a material reasonably believed to be a hazardous material, which is not identified, described, shown or indicated in the Bidding Documents to be within the scope of the Work, CONTRACTOR shall immediately stop Work in the affected area and provide notice, as set forth in Article 12.4, to OR and ARCHITECT, advising of the circumstances of such discovery, Work stoppage and whether or not such material was generated by CONTRACTOR or OWNER. OWNER shall retain an independent testing laboratory to determine the nature of the material encountered and whether corrective measures or remedial action is required. If test results indicate and/or otherwise confirm the material as a hazardous material requiring treatment and/or removal, OR may issue a Construction Directive for the legal treatment and/or removal and disposal thereof. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive. After treatment and/or removal, the independent testing laboratory shall test and certify the hazardous material has been removed and/or controlled to within legal limits and requirements. Upon receipt of such test results, OR will provide notice, as set forth in Article 12.5, to CONTRACTOR to proceed with construction in affected Work areas. If CONTRACTOR contends the issue, event, condition, circumstance, and/or cause entitles CONTRACTOR to an adjustment of the Contract Amount, Milestones and/or Contract Time, the CONTRACTOR shall proceed as required by Article 12.6.
4.6.3 Hazardous Substance: If, during construction of the Work in areas where
CONTRACTOR is required to perform Work, CONTRACTOR discovers, uncovers and/or otherwise reveals a material reasonably believed to be a hazardous substance, which was not identified, described, shown or indicated in the Bidding Documents to be within the scope of the Work, CONTRACTOR shall immediately stop Work in the affected area and provide notice, as set forth in Article 12.4, to OR and ARCHITECT, advising of the circumstances of such discovery, Work stoppage and whether or not such material was generated by CONTRACTOR or OWNER. OWNER shall retain an independent testing laboratory to determine the nature of the material encountered and whether corrective measures or remedial action is required. If test results indicate and/or otherwise confirm the material as a hazardous substance requiring treatment and/or removal, OR may issue a Construction Directive for the legal treatment and/or removal and disposal thereof. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive. After treatment and/or removal, the independent testing laboratory shall test and certify the hazardous substance has been removed and/or controlled to within legal limits and requirements. Upon receipt of such test results, OR will provide notice, as set forth in Article 12.5, to CONTRACTOR to proceed with construction in affected Work areas. If CONTRACTOR contends the issue, event, condition, circumstance, and/or cause entitles CONTRACTOR to an adjustment of the Contract Amount, Milestones and/or Contract Time, the CONTRACTOR shall proceed as required by Article 12.6.
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4.6.4 Hazardous Waste: If, during construction of the Work in areas where CONTRACTOR is required to perform Work, CONTRACTOR discovers, uncovers and/or otherwise reveals a material reasonably believed to be a hazardous waste, which was not identified, described, shown or indicated in the Bidding Documents to be within the scope of the Work, CONTRACTOR shall immediately stop Work in the affected area and provide notice, as set forth in Article 12.4, to OR and ARCHITECT, advising of the circumstances of such discovery, Work stoppage and whether or not such material was generated by CONTRACTOR or OWNER. OWNER shall retain an independent testing laboratory to determine the nature of the material encountered and whether corrective measures or remedial action is required. If test results indicate and/or otherwise confirm the material as a hazardous waste requiring treatment and/or removal, OR may issue a Construction Directive for the legal treatment and/or removal and disposal thereof. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive. After treatment and/or removal, the independent testing laboratory shall test and certify the hazardous substance has been removed and/or controlled to within legal limits and requirements. Upon receipt of such test results, OR will provide notice, as set forth in Article 12.5, to CONTRACTOR to proceed with construction in affected Work areas. If CONTRACTOR contends the issue, event, condition, circumstance, and/or cause entitles CONTRACTOR to an adjustment of the Contract Amount, Milestones and/or Contract Time, the CONTRACTOR shall proceed as required by Article 12.6.
4.6.5 Radioactive Materials: If, during construction of the Work in areas where
CONTRACTOR is required to perform Work, CONTRACTOR discovers, uncovers and/or otherwise reveals a material reasonably believed to be a radioactive material, which was not identified, described, shown or indicated in the Bidding Documents to be within the scope of the Work, CONTRACTOR shall immediately stop Work in the affected area and provide notice, as set forth in Article 12.4, to OR and ARCHITECT, advising of the circumstances of such discovery, Work stoppage and whether or not such material was generated by CONTRACTOR or OWNER. OWNER shall retain an independent testing laboratory to determine the nature of the material encountered and whether corrective measures or remedial action is required. If test results indicate and/or otherwise confirm the material as a radioactive material requiring treatment and/or removal, OR may issue a Construction Directive for the legal treatment and/or removal and disposal thereof. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive. After treatment and/or removal, the independent testing laboratory shall test and certify the radioactive material has been removed and/or controlled to within legal limits and requirements. Upon receipt of such test results, OR will provide notice, as set forth in Article 12.5, to CONTRACTOR to proceed with construction in affected Work areas. If CONTRACTOR contends the issue, event, condition, circumstance, and/or cause entitles CONTRACTOR to an adjustment of the Contract Amount, Milestones and/or Contract Time, the CONTRACTOR shall proceed as required by Article 12.6.
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4.7 Materials Not Caused by CONTRACTOR
In the event the presence of the materials as set forth in Articles 4.5 and 4.6 is not caused by CONTRACTOR or some person or entity directly or indirectly performing under CONTRACTOR or its Subcontractors, OWNER shall pay for all costs of testing and remediation, if any.
4.8 Indemnification by CONTRACTOR for Material Caused by CONTRACTOR
In the event the presence of the materials as set forth in Articles 4.5 and 4.6 are caused by CONTRACTOR, Subcontractors, Suppliers, or anyone else who would otherwise be a “claimant,” CONTRACTOR shall pay for all costs of testing and remediation, if any, and shall indemnify and hold OWNER harmless from and against such costs . In addition, CONTRACTOR shall defend, indemnify and hold harmless OWNER, OR, OWNER Consultant, ARCHITECT, ARCHITECT Consultant, Insurance Carriers and/or their respective agents, officers, representatives, consultants, and employees from and against any and all claims, actions, damages, losses, costs, penalties and expenses incurred in connection with, arising out of, or relating to, the presence of such materials. The OWNER shall have the right to assess any and all costs against Contract funds, the CONTRACTOR, and/or the performance bond.
4.9 Survival of Provisions
The terms of these material provisions as set forth in Articles 4.7 and 4.8 shall survive Final Completion and/or any termination of this Contract.
END OF ARTICLE
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ARTICLE 5 - INSURANCE AND BONDS
5.1 General
5.1.1 Basic Insurance Requirements: Prior to commencing Work and until final acceptance, CONTRACTOR and each of its Subcontractors shall procure and maintain insurance at their own cost and expense against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the CONTRACTOR, its agents, representatives, employees or Subcontractors.
5.1.1.1 Without in any way affecting the indemnity provided in or by the
CONTRACTOR shall secure before commencement of the Work the types and amounts of insurance specified in this section.
5.1.1.2 Insurance is to be placed with insurers admitted to do business in the
State of Georgia and approved by OWNER with an AM Best Rating of A VIII.
5.1.1.3 Each insurance coverage required by the Minimum Limits of
Insurance shall be endorsed to state that coverage shall not be canceled or modified except after thirty (30) days prior written notice by certified mail, return receipt requested, has been received by Owner in accordance with the notice provisions of this Agreement.
5.1.2 Minimum Limits of Insurance: CONTRACTOR and each of its
Subcontractors shall obtain insurance of the types and in the amounts described below:
5.1.2.1 Commercial General Liability Insurance including Premises Liability
with Elevator Liability, Completed Operations and Products Liability in effect for two (2) years after final payment, Personal Injury Liability, Property Damage Liability and Contractual Liability. Coverage shall be written on an occurrence basis in the amount of a combined single of $1,000,000.
5.1.2.2 Business Automobile Liability Insurance including personal injury
and property damage to cover owned automobiles, automobiles under long-term lease, hired automobiles, employers’ non-ownership liability, medical payments and uninsured motorists in the amount of a combined single limit of $1,000,000.
5.1.2.3 Workers’ Compensation Insurance and Employees Liability
insurance with statutory limits as required by law, including Maritime coverage, if appropriate, and Employer’s Liability limits of not less than $1,000,000 each accident/$1 ,000,000 each employee/$1 ,000,000 policy limit.
5.1.2.3.1 On all Projects where the Contract Amount is greater
than $1,000,000, OWNER shall procure Builder’s Risk Insurance including coverage for the Work, on a replacement cost basis, providing the perils included on a
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Special Form property policy, including, but not limited to, the perils of fire, lightning, explosion, windstorm, flood and earthquake (including sinkholes and subsidence), strike, riot, civil commotion, vandalism and malicious mischief, insuring the buildings, structures, machinery, equipment, facilities, fixtures and other properties constituting a part of the Work and property of Others.
In connection with any claims made under the Builder’s Risk Insurance provided under this Subparagraph, CONTRACTOR shall reimburse OWNER for the first $10,000.00 (in the aggregate) paid by OWNER as a deductible under the policy. Should CONTRACTOR fail to reimburse OWNER for any such amounts within thirty (30) days of OWNER’s request, OWNER may withhold such amounts from any payments owed to CONTRACTOR.
5.1.2.3.2 On all Projects where the Contract Amount is less than
$1,000,000.00, CONTRACTOR shall provide Builder’s Risk Insurance including coverage for the Work, on a replacement cost basis, providing the perils included on a Special Form property policy, including, but not limited to, the perils of fire, lightning, explosion, windstorm, flood and earthquake (including sinkholes and subsidence), strike, riot, civil commotion, vandalism and malicious mischief, insuring the buildings, structures, machinery, equipment, facilities, fixtures and other properties constituting a part of the Work and property of Others for which CONTRACTOR has responsibility to insure. Coverage shall be written on an occurrence basis in the amount of contract award, with a deductible of not more than $25,000.00
5.1.3 Other Insurance Provisions: All policies required by this Agreement are to
contain, or be endorsed to contain, the following provisions:
5.1.3.1 OWNER, Board of Education, and any other person or entity specified by OWNER.
5.1.3.2. For any claims related to this Project, insurance coverage provided
by the CONTRACTOR shall be primary as to OWNER, Board of Education, and any other person or entity specified by OWNER to be named as additional insured. Any insurance or self-insurance maintained by OWNER, its officers, officials, employees or volunteers shall be in excess of insurance required by this Agreement and shall not contribute with it.
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5.2 Waiver of Subrogation
CONTRACTOR hereby waives all rights of recovery under subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OR, OWNER, the Board, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OWNER in connection with the planning, development and construction of the Work. CONTRACTOR shall also require that all CONTRACTOR maintained insurance coverage related to the Work include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against CONTRACTOR. CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors. A waiver of subrogation shall be effective as to any individual or entity even if such individual or entity:
5.2.1 would otherwise have a duty of indemnification, contractual or otherwise; 5.2.2 did not pay the insurance premium directly or indirectly; 5.2.3 whether or not such individual or entity has an insurable interest in the property
damaged.
5.3 Lapse in Coverage
If CONTRACTOR or any Subcontractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Contract, the same shall be deemed a material breach of Contract. OWNER, at its sole option, may terminate this Contract and recover all damages from CONTRACTOR resulting from said breach. Alternatively, OWNER may purchase such coverage (but has no obligation to do so), without further notice to CONTRACTOR, and deduct from sums due to CONTRACTOR any premium costs advanced by OWNER for such insurance.
5.4 Verification of Insurance
CONTRACTOR shall furnish OWNER with original certificates and amendatory endorsements effecting and evidencing coverage required by this Section. The certificates and endorsements for each policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements shall be on forms acceptable to OWNER. All certificates and endorsements are to be received and approved by OWNER before Work by CONTRACTOR under this Contract commences. OWNER reserves the right to require complete, certified copies of all required insurance policies at any time, including endorsements (and policies, if requested) affecting the coverage required by these specifications.
5.5 Duration of Coverage
The insurance coverages required by Article 5 shall be maintained without interruption, for a period of two (2) years after Final Completion of the Project, unless otherwise stated herein.
5.6 Reserved Rights
OWNER reserves the right to adjust monetary limits of insurance coverage at any time if deemed necessary in its reasonable judgment and shall be responsible for the direct cost of any increase in premiums as a result.
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5.7 Subcontractors
Unless otherwise approved by OWNER in writing, CONTRACTOR shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. In addition, Subcontractors shall be required to maintain insurance on the same terms and with the same coverages as required of CONTRACTOR under this Contract.
5.8 Audits
In addition to OWNER rights under Article 6.55, CONTRACTOR agrees OWNER may audit CONTRACTOR or any of its Subcontractors payroll records, books and records, insurance coverage’s, insurance cost information, or any other information CONTRACTOR provides to OWNER to confirm their accuracy.
5.9 Safety
CONTRACTOR shall be solely responsible for safety of the Work of this Contract. CONTACTOR shall establish a safety program that, at a minimum, complies with all local, state and federal safety standards, and any safety standards established by OWNER for the Project, including, but not limited to, the OSHA Construction Safety Standards.
5.10 Bond Requirements
CONTRACTOR shall apply for and furnish to OWNER separate payment and performance bonds for the Work. The performance bond shall be in a monetary amount equal to 100% of the original Contract Amount guaranteeing the prompt, competent and faithful performance of all terms and conditions of the Contract. The payment bond shall be for 100% of the Contract Amount and guarantee, without limitation, the payment in full of all claims for labor, services, materials, supplies, and the like, for the Work. A corporate surety authorized and admitted to transact business in Georgia shall provide the bonds. CONTRACTOR shall supply OWNER with documentation establishing the necessary requirements of the surety consistent with Georgia law. To the extent, if any, the Contract Amount is increased in accordance with the Contract Documents, CONTRACTOR shall, upon request of OWNER, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to OWNER. The bonds shall further provide no change or alteration of the Contract Documents (including, without limitation, an increase in the Contract Amount, as referred to above), adjustment to the Milestones and/or Contract Time, or modifications of the time, terms, or conditions of payment to the CONTRACTOR will release the sureties. If CONTRACTOR fails to furnish the required bonds, or fails to keep such bonds in full force and effect up through such times that such bonds are otherwise obligated to be in force and effect under the law, OWNER may terminate CONTRACTOR right to proceed with the Work and/or terminate the Contract for cause. The performance bond shall be in the form and contain the content shown in Document 00605. The payment bond shall be in the form and contain the content shown in Document 00600. Nothing set forth herein shall relieve the CONTRACTOR from compliance with all requirements prescribed by Georgia law, including but not limited to the legal obligations set forth in Georgia Local Government Public Works Construction Law, O.C.G.A. section 36-91-1, et. seq.
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5.11 Surety Qualification
Only bonds executed by admitted surety insurers shall be accepted. Surety must be a Georgia- admitted surety, listed by the U.S. Treasury with a bonding capacity in excess of the Contract Amount and a Best’s bond rating of not less than A VIII.
5.12 Subcontractor Payment and Performance Bonds
For each Subcontractor having a Subcontract of $100,000.00 or more for roofing, HVAC, plumbing, sprinkler system and electrical work, the Subcontractor shall procure payment and performance bonds for one hundred percent (100%) of the Subcontract amount. The Subcontractor’s bonds shall be written by a surety having the qualifications set forth Section 5.11. The Subcontractor’s bonds shall be presented to Owner prior to the Contractor billing for or receiving payment for amounts under the applicable Subcontracts.
END OF ARTICLE
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ARTICLE 6 - CONTRACTOR DUTIES AND REPONSIBILITIES
Management and Superintendence of the Work 6.1 CONTRACTOR shall supervise and direct all aspects of the Work using the best skill,
attention, and efforts of CONTRACTOR. CONTRACTOR shall be solely responsible for and exercise full control over construction means, methods, techniques, sequences, safety procedures, and coordinating all portions of the Work, unless the Contract Documents provides other specific instructions concerning these matters.
6.2 CONTRACTOR shall provide a competent full time English speaking superintendent and
assistants as necessary that shall supervise and superintend the Work and be physically present at the Project site while any aspect of the Work is being performed.
6.3 CONTRACTOR shall provide a competent English speaking project manager and assistants
as necessary that shall administer and manage the Work. The project manager shall represent CONTRACTOR, and communications given to the project manager shall be as binding as if given to CONTRACTOR. In the event the Contract Amount is equal to or exceeds ten million dollars ($10,000,000) the project manager shall be assigned to the Work on a full time basis and shall be present at the Project site while any aspect of the Work is being performed.
6.4 CONTRACTOR shall furnish and ensure competent adequate staff necessary to properly
administer, coordinate, purchase, expedite, and/or organize the procurement of all materials and equipment so the materials and equipment will be procured and delivered at the time they are required to be incorporated into the Work and to furnish and maintain an adequate force of skilled workers on the Project site to complete the Work in accordance with the Contract Documents.
6.5 CONTRACTOR shall enforce strict discipline and good order among employees and other
persons carrying out the Work including, but not limited to, Subcontractors, and/or material and/or equipment suppliers retained for the Work. CONTRACTOR shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. CONTRACTOR shall ensure all employees and other persons carrying out the Work abide by all regulations pertaining to, but not limited to, smoking, consumption of alcohol, illegal substances, profanity or inappropriate attire and prohibited verbal and physical contact with students and faculty.
6.6 CONTRACTOR shall be responsible to OWNER for acts and omissions of CONTRACTOR
employees, Subcontractors, material and equipment suppliers, and their agents, employees, invitees, and other persons performing portions of the Work under direct or indirect contract with CONTRACTOR or any of its Subcontractors.
Labor, Materials and Equipment of the Work 6.7 Unless otherwise specified in the Contract Documents, CONTRACTOR shall provide and
furnish qualified personnel to proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work, including without limitation, all labor, material, equipment, apparatus, tools, construction equipment and machinery, appliances, fuel, power, light, heat, ventilation, telephone, sanitary facilities, water, gas, utilities, transportation, and all other incidental facilities and services for the furnishing, performance, testing, start up, and completion of the Work.
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6.8 Unless otherwise specified in the Contract Documents, all materials and equipment to be permanently installed in the Work shall be new and shall be of such quality as required by the Contract Documents. All warranties and guarantees required by the Contract Documents shall be expressly issued to the benefit of OWNER. CONTRACTOR shall, if requested by ARCHITECT, furnish satisfactory evidence in the form of reports of required tests as to kind and quality of all materials and equipment. All equipment, appliances, and fixtures shall be installed, erected, connected, tested, started and conditioned in accordance with applicable manufacturer’s instructions and the Contract Documents.
6.8.1 The furnishing, use or installation of Lead Containing Paint or Asbestos
Containing Construction Materials into the Work, Project or onto OWNER property is not permitted.
6.9 CONTRACTOR shall, upon approval of applicable submittals, promptly place orders for
materials and equipment so delivery of materials and equipment can be incorporated into the Work without delay. CONTRACTOR, upon receipt of notice from OR shall furnish documentary evidence from CONTRACTOR, Subcontractor, distributor and/or manufacturer verifying placement of orders and/or scheduled delivery dates.
Delivery and Storage of Products, Equipment, Fabrications and Materials 6.10 Products, equipment, fabrications and applicable materials shall be delivered with an
identification tag or label specifying name of manufacturer, model number, type and other pertinent data described on such tag or label as required for complete identification. If products, equipment, fabrications and applicable materials are not so identified then CONTRACTOR shall provide an invoice and/or other supporting identification of products, equipment, fabrications or applicable materials. CONTRACTOR shall be responsible for the safety and proper storage of all products, equipment, fabrications and applicable materials delivered to the Project site.
6.11 Materials specified to be tested, which are delivered to and are to be tested on the Project site,
shall be stored in separate areas in order to segregate untested materials or materials undergoing testing from materials previously tested and approved. CONTRACTOR shall have on the Project site at all times a sufficient quantity of tested and approved materials for timely integration into and completion of the Work in accordance with the approved Detailed Construction Schedule.
6.12 Construction Schedule
Given time is of the essence, CONTRACTOR shall expeditiously proceed in accordance with the Detailed Construction Schedule established pursuant to Article 2.8, related Division 01 Sections, and as amended from time to time, and shall furnish and maintain adequate forces in order to achieve all Milestones as set forth in the Detailed Construction Schedule. If requested by the ARCHITECT and/or OR, CONTRACTOR shall submit, in accordance with applicable Division 01 Requirements, proposed adjustments to the Detailed Construction Schedule, which does not change or amend either the Milestones and/or Contract Time. Proposed adjustments to the Detailed Construction Schedule which change and/or amend the Contract Amount, Milestones and/or Contract Time shall be submitted by CONTRACTOR in accordance with the applicable requirements of Articles 10 through 12.
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6.13 Sufficient Forces
CONTRACTOR shall furnish and maintain sufficient forces to ensure completion of all Work in accordance with each and every approved Detailed Construction Schedule.
6.14 “Or Equal” and Substitutions
When an item of material or equipment is specified by the use of a proprietary name, make, trade name, or catalog number the intent of the Specification is to establish the type, function and quality required. Unless the Specification or description contains or is followed by words reading that no like or no substitution is permitted, other items of material or equipment or material or equipment of other suppliers may be accepted by OR in accordance with the following sections.
Ten days after the date established in the Notice to Proceed
6.14.1 CONTRACTOR may submit a list to the OR of proposed substitutions and
substantiating data setting forth any “or equal” item of material or equipment CONTRACTOR believes to be functionally equal to and sufficiently similar to those specified in the Contract Documents. Any substitutions submitted by CONTRACTOR under this subsection shall be done in a timely manner so as not to materially impact the Construction Schedule or delay the Work.
6.14.2 The substantiating data shall include a CONTRACTOR certification stating that
the proposed “or equal“ will be readily available, perform the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. All variations of the proposed “or equal” from that specified shall be identified in the proposal and all available maintenance, repair and replacement services shall be submitted. In addition, the following items shall be addressed in the substantiating data as to whether or not:
6.14.2.1 acceptance of the “or equal” for use in the Work will require a
change in any of the Contract Documents or in the provisions of any other Separate Work Contract on the Project or to adapt the design to the proposed “or equal;”
6.14.2.2 the proposed ”or equal” is subject to payment of any license fee or
royalty; 6.14.2.3 the proposed “or equal“ is equal to in quality and serviceability to the
specified item; 6.14.2.4 is acceptable in consideration of the required design and artistic
effect; 6.14.2.5 will require no excessive or more expensive maintenance, including
adequacy and availability of replacement parts.
6.14.3 CONTRACTOR Expense: All data to be provided by CONTRACTOR in support of any proposed “or equal“ will be at expense of CONTRACTOR.
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6.14.4 Evaluation: ARCHITECT and OR shall be allowed a reasonable time to evaluate each submittal made pursuant to Articles 6.14.1 and 6.14.2 with OR as the final judge of acceptability. No proposed “or-equal” will be ordered, installed or utilized without OR prior written acceptance as evidenced by a Construction Directive and/or Change Order. ARCHITECT may condition its approval of the “or equal’ upon delivery to OWNER of an extended warranty or other assurances of adequate performance of the ”or equal.” All risks of damage, of any kind, including, without limitation, all costs associated with any delay, disruption and/or acceleration due to obtaining approval from the Division of the State Architect, or any other governmental agency having jurisdiction of an approved “or equal“ shall be the responsibility of CONTRACTOR.
Eleven Days after the date Established in the Notice to Proceed
6.14.5 A specified item of material or equipment, which is no longer manufactured
and/or cannot be acquired from existing inventories, will be considered a basis for a proposed substitute item. Proposed substitutions of materials or equipment other than those specified must be made on the substitution request form available from OWNER in a timely manner so as not to materially impact the Construction Schedule or delay completion of the Work. Substitution requests will not be submitted to ARCHITECT by anyone else other than CONTRACTOR. A substitution request form shall certify the proposed substitution will be readily available, perform adequately the functions and achieve the results called for by the design concept, be similar in substance to that specified, and be suited to the same use as that specified. All variations of the proposed substitute from that specified will be identified in the substitution request and available maintenance, repair and replacement service will be indicated. The substitution request will also contain an itemized estimate of all costs or credits directly or indirectly resulting from acceptance of such substitute, including costs of redesign and of Subcontractors affected by the resulting change, all of which shall be considered by ARCHITECT in evaluating the proposed substitute. In addition, the following items shall be considered:
6.14.5.1 the extent, if any, to which the time required to evaluate and consider
accepting a proposed substitution will jeopardize timely compliance with any Milestones;
6.14.5.2 whether or not acceptance of the proposed substitution for use in the
Work will require a change in any of the Contract Documents or in the provisions of any other Work by Separate Work Contract on the Project to adapt the design to the proposed substitute;
6.14.5.3 whether or not the proposed substitute is subject to payment of any
license fee or royalty; 6.14.5.4 the proposed substitution is equal in quality and serviceability to the
specified item; 6.14.5.5 is acceptable in consideration of the required design and artistic
effect; 6.14.5.6 will require no excessive or more expensive maintenance, including
adequacy and availability of replacement parts.
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6.14.6 CONTRACTOR Expense: All data to be provided by CONTRACTOR in support
of any proposed substitute item will be at expense of CONTRACTOR. 6.14.7 Evaluation: ARCHITECT and OR shall be allowed a reasonable time within
which to evaluate each proposal for or submittal made pursuant to Article 6.14.5. ARCHITECT shall make a written recommendation to OR regarding the acceptability of the proposed substitution. No substitution will be ordered, installed or utilized without OR prior written acceptance as evidenced by a Construction Directive and/or Change Order. ARCHITECT may condition its approval of the substitution upon delivery to OWNER of an extended warranty or other assurances of adequate performance of the substitution. All risks of damage, of any kind, including, without limitation, all costs associated with any delay, disruption and/or acceleration due to obtaining approval from the Division of the State Architect, or any other governmental agency having jurisdiction, of a requested substitution shall be the responsibility of CONTRACTOR. ARCHITECT shall record the time of ARCHITECT and ARCHITECT Consultants in evaluating substitutions proposed or submitted by CONTRACTOR pursuant to Article 6.14.5, seeking any approvals required by governing agencies, and in making any changes in the Contract Documents or in the provisions of any other Separate Work Contract on the Project. Whether or not OR accepts a substitution so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for ARCHITECT and ARCHITECT Consultant fees in evaluating each such proposed substitution. The OWNER shall have the right to assess any and all costs against Contract funds, the CONTRACTOR, and/or the performance bond.
6.15 Additional Professional Services
If OR, prior to recordation of the Notice of Completion, is required to provide or secure additional professional services for any reason by any acts of CONTRACTOR or its Subcontractors, CONTRACTOR may be responsible for the cost and expense thereof. Upon notice to CONTRACTOR, OWNER shall retain and provide additional professional services and may, by assessment, recover all incurred costs for any additional professional services. Additional services shall include:
6.15.1 all services made necessary by termination of CONTRACTOR for cause; 6.15.2 all services made necessary due to defective Work of CONTRACTOR; 6.15.3 all services required by failure of CONTRACTOR to perform Work according to
any provision of the Contract Documents; 6.15.4 all services in connection with evaluating CONTRACTOR substitutions of
materials or equipment and making subsequent revisions to drawings, specifications, and providing other documentation required;
6.15.5 all services required by failure of CONTRACTOR to prosecute the Work in
compliance with the Detailed Construction Schedule; 6.15.6 all services required by failure of CONTRACTOR to pass or receive approval of
any required test, inspection, observation or approval;
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6.15.7 all services required in performing excessive reviews of CONTRACTOR punch list Work;
6.15.8 all services in performing excessive reviews of CONTRACTOR Shop Drawings,
material lists, Product Data, and Samples; 6.15.9 all services made necessary by OWNER exercising its options under Articles
15.5.15 and/or 15.5.16. Relative to Subcontractors, Suppliers and others 6.16 CONTRACTOR whose bid is accepted shall provide written notification to OWNER of any
proposed substitute of person or entity as a Subcontractor in place of the Subcontractor designated in the original bid. OWNER shall have five (5) business days from receipt of written notice of substitution to object to any substitution stating the grounds for such objection. If OWNER fails to object to substitution within the time period, the substitution shall deemed accepted and approved to by the OWNER. However, CONTRACTOR shall not make any assignment or substitution where OWNER objects within the time period. All substitutions shall be void, and the assignees shall acquire no rights in the purported subcontract and/or Contract where CONTRACTOR fails to notify OWNER or OWNER objects to the assignment or substitution. Any consent, if given, shall not relieve CONTRACTOR or its Subcontractors from their obligations under the terms of the Contract Documents.
6.17 CONTRACTOR shall be responsible for all unreasonable and unforeseeable delays in the
Milestones and/or Contract Time arising from substitutions approved by the OWNER. Any substitution shall not result in an adjustment to the Contract Amount.
6.18 CONTRACTOR shall be responsible to OWNER for all acts and omissions of
Subcontractors, suppliers and all others in furnishing and/or performance of the Work either by direct or indirect contract to CONTRACTOR. No provisions of the Contract Document shall serve to create and/or establish any contractual relationship between OWNER and/or ARCHITECT with any Subcontractor, supplier, or others in the furnishing and performance of the Work.
6.19 CONTRACTOR shall be responsible for the scheduling and coordination of all Work of
Subcontractors, suppliers and all others in furnishing and/or performance of the Work by direct and/or indirect contract to CONTRACTOR. CONTRACTOR shall require all Subcontractors, suppliers and all others furnishing and/or performing any of the Work to communicate with ARCHITECT, OR or OWNER through CONTRACTOR.
6.20 CONTRACTOR shall not be limited by the divisions of the Specifications or the
identification of Drawings in apportioning the Work amongst Subcontractors or suppliers unless otherwise required by applicable law, regulation or statute.
6.21 By appropriate subcontract agreement CONTRACTOR shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor, to be bound to CONTRACTOR by terms of the Contract Documents, and to assume toward CONTRACTOR all obligations and responsibilities, which CONTRACTOR, by the Contract Documents, assumes toward OWNER. Each subcontract agreement shall preserve and protect the rights of OWNER under the Contract Documents with respect to the Work to be performed by the Subcontractor so the subcontracting thereof will not prejudice such rights. All subcontracts regarding the Work under the Contract shall contain an assignment clause running in favor of OWNER and/or an
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entity designated by OWNER. That clause is subject to the option of OWNER to exercise it. CONTRACTOR shall also require each Subcontractor to enter into similar subcontracts with sub-Subcontractors. CONTRACTOR shall make available to each proposed Subcontractor, before the execution of the subcontract agreement, the Contract Documents to which the Subcontractor will be bound. Subcontractors shall similarly make the Contract Documents available to their respective sub-Subcontractors.
6.22 Each subcontract agreement for a portion of the Work is assigned by CONTRACTOR to
OWNER provided that: (1) the assignment is effective only after termination of the Contract or after CONTRACTOR right to proceed with the Work has been terminated under Article 15.5.16; (2) and only for those subcontract agreements which OWNER accepts by specifically notifying the Subcontractor in writing; (3) and the assignment is subject to the prior rights of the surety, if any, obligated under any bond relating to the Contract.
6.23 CONTRACTOR shall ensure by subcontract agreement each Subcontractor has the
responsibility for participating in, and enforcing, the safety and loss prevention programs established by CONTRACTOR for the Work and/or Project, which will cover all Work performed by CONTRACTOR and its Subcontractors. Each Subcontractor shall designate a competent person whose duties shall include loss and accident prevention, and who shall have the responsibility and full authority to enforce the program. This person shall attend meetings with the representatives of the various Subcontractors employed to ensure that all employees understand and comply with the programs. All Subcontractors and material or equipment suppliers shall cooperate fully with CONTRACTOR, OR, the OWNER, and all insurance carriers and loss prevention engineers.
6.24 CONTRACTOR shall ensure by subcontract agreement each Subcontractor shall promptly
report in writing to CONTRACTOR all incidents and/or accidents whatsoever arising out of, or in connection with, the performance of the Work, whether on or off the Project site, and whether or not they caused death, personal injury, or property damage, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger. CONTRACTOR shall thereafter promptly report the facts in writing to OR and ARCHITECT giving full details of the accident.
6.25 CONTRACTOR shall ensure by subcontract agreement each Subcontractor shall prepare and
submit to CONTRACTOR within ten (10) days of execution of each subcontract agreement, comprehensive material lists, as set forth in Article 6.48.3, of the manufacturers and products proposed for the Work including information on materials, equipment, and fixtures required by the Contract Documents, as may be required for CONTRACTOR or ARCHITECT preliminary approval. Approval of such material lists of products shall not be construed as a substitute for the Shop Drawings, Product Data, manufacturers descriptive data, Samples, or a substitution request, which are required by the Contract Documents, but rather as a base from which more detailed submittals shall be developed for the final review of CONTRACTOR and ARCH ITECT.
6.26 No later than ten (10) days after receipt of payment, CONTRACTOR shall pay to each
Subcontractor, out of the amount paid to CONTRACTOR on account of such Subcontractors portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to CONTRACTOR on account of such Subcontractors portion of the Work. CONTRACTOR shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-Subcontractors in a similar manner.
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6.27 OWNER shall, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by CONTRACTOR, and action taken thereon by OWNER, on account of portions of the Work completed by such Subcontractor.
6.28 OWNER shall have no obligation to pay, or to see to the payment of monies to a
Subcontractor except as may otherwise be required by law. 6.29 Payment to material or equipment suppliers shall be treated in a manner similar to that
provided for in Articles 6.26, 6.27 and 6.28. 6.30 CONTRACTOR shall not use in any way as part of its bid, and shall not use to perform any
portion of the Work, a Subcontractor, contractor or subcontractor who is ineligible to bid and/or work on a work of public improvements.
6.31 Patent Fees and Royalties
CONTRACTOR shall be financially responsible for payment of all royalties and license fees and shall assume all incidental costs in the performance of and/or incorporation into the Work of any invention, process, design, product or device subject to the patent and/or copyrights held by others. CONTRACTOR shall defend all suits or claims of infringement of patent and/or copyrights rights and shall hold OWNER, ARCHITECT and ARCHITECT Consultant 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 is required by the terms and conditions of the Contract Documents. If CONTRACTOR has reason to believe the required invention, process, design, product or device is an infringement of a patent and/or copyright, CONTRACTOR shall be responsible for such loss unless such information is furnished to ARCHITECT prior to the use and/or incorporation into the Work. ARCHITECT review of any method of construction, invention, appliance, process, article, device, or material of any kind shall be for its adequacy for the Work and shall not be an approval for CONTRACTOR use in violation of any patent or other rights of any person or entity. CONTRACTOR shall defend all suits or claims of infringement of patent and/or copyrights and shall hold OWNER, ARCHITECT and ARCHITECT Consultant harmless from loss when the terms and conditions of Contract Documents do not require particular invention, process, design, or product.
6.32 Permits and Fees
CONTRACTOR shall obtain all permits and be financially responsible for all governmental fees, licenses and inspections necessary for proper execution and completion of the Work that are customarily secured after the Effective Date of the Contract and are required by any authority having legal jurisdiction over the Work and/or Project. In cases where a local government does not issue permit for the Project and requires independent permitting and inspections, OWNER shall be responsible for all independent project reviews, inspections, especially Certificate of Occupancy Inspections and all on site Project testing and inspection within the distance limitations set forth in Article 13.15.5, unless a different distance limitation is specified in the Contract Documents.
Laws and Regulations 6.33 CONTRACTOR shall comply with all laws and regulations and shall give all notices required
by any law, ordinance, rule, regulation, and lawful order of public authorities having jurisdiction relative to the furnishing of or performance of the Work.
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6.34 If CONTRACTOR performs Work contrary to any law, statute, ordinance, building code, rule or regulation, CONTRACTOR shall be responsible for all the direct and indirect costs, fees, expenses, losses and damages in connection with replacement thereof.
6.35 [Intentionally left blank] 6.36 If the Work involves any excavation of any trench or trenches five (5) feet or more in depth,
CONTRACTOR shall, in advance of excavation, submit to OR or a registered civil or structural engineer employed by OWNER, a detailed plan showing the design of shoring for protection from the hazard of caving ground during the excavation of such trench or trenches. No excavation of such trench or trenches shall be commenced until said plan has been reviewed by the person to whom authority to review has been delegated to by OWNER. Nothing in this Article 6.36 shall impose tort liability upon OWNER or any of its employees.
6.37 Sales, Consumer, Use and Similar Taxes
CONTRACTOR is financially responsible for applicable federal, state, and local taxes on all items, including, without limitation, materials, labor, equipment, supplies and services furnished by CONTRACTOR, and all taxes arising from operations of CONTRACTOR pursuant to the Contract Documents. OWNER is exempt from federal excise tax, and a certificate of exemption shall be provided upon request of CONTRACTOR. CONTRACTOR is financially responsible for applicable charges and fees for all insurance and bonds required by the Contract.
Use of Project Site and Premises 6.38 During progress of the Work, CONTRACTOR shall maintain the Work, Project site and
surrounding areas free from accumulation of debris, waste material or rubbish caused by CONTRACTOR operations. All crates, cartons, paper, and other flammable waste materials shall be removed from all areas of the Work and/or Project site and shall be properly disposed of at the end of each day. CONTRACTOR shall remove from all areas of the Work and/or Project site all excess materials, tools, construction equipment, machinery, and temporary facilities no longer required for the Work.
6.39 CONTRACTOR shall restrict all construction equipment, material storage and worker
operations to the Project site, lands, and/or areas identified in the Contract Documents and to other lands and areas allowed by permits, right of ways, easements and/or laws and regulations. CONTRACTOR is strictly liable and assumes full responsibility for any damage to any such land, area, occupant and/or property of OWNER and any adjacent land, area, right of way, property, occupant and/or pedestrian thereof.
6.40 CONTRACTOR shall not cause, permit or allow structural loading in excess of safe limits or
where such loading may induce stresses and/or pressures endangering:
6.40.1 any part of the Work under construction, completed Work or existing improvements on the Project site;
6.40.2 any part of the Work under construction, completed Work or existing
improvements adjacent to the Project site.
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6.41 Project Record Documents
CONTRACTOR shall prepare and maintain on the Project site, a current, accurate and complete set of all Drawings, Specifications, Addenda, Change Orders, Construction Directives, ARCHITECT written interpretations and clarification, Shop Drawings, Product Data and Samples, Construction Schedules, denoted and annotated to reflect all changes, revisions, and substitutions during construction of the Work, including, without limitation, field changes and the final location of all mechanical equipment, utility lines, ducts, outlets, structural members, walls, partitions, and other significant features. A copy of such project record documents will be transmitted to OR in accordance with related sections of the Contract Documents. CONTRACTOR will update the record documents on a weekly basis. Project record documents shall be made available for inspection and use by, but not limited to, OR, ARCHITECT and all authorities having jurisdiction. Upon completion of the Work and before application for final payment, CONTRACTOR shall submit, in accordance with related provisions of the Contract Documents, one complete set of project record documents to the ARCHITECT, certifying them to be a complete and accurate reflection of the actual construction conditions of the Work.
Safety and Protection 6.42 Within ten (10) days of the effective date of the Contract, the CONTRACTOR shall submit
its Safety Program that, at a minimum, complies with all local, state and federal safety standards, and any safety standards that may be established by the OWNER. The CONTRACTOR shall have responsibility for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. CONTRACTOR shall designate a competent person trained and certified in the OSHA Construction Outreach 10-30 hour programs; trained and certified in first aid and CPR and who shall have the responsibility and full authority to enforce the CONTRACTOR’s Safety Program including stopping the Work when safety problems are identified and implementing corrective actions.. This competent person shall attend meetings with the representatives of the various Subcontractors employed to ensure that all employees understand and comply with the CONTRACTOR’s Safety Programs.
6.43 CONTRACTOR shall provide and maintain at the Project site adequate first-aid supplies for
minor injuries and for posting emergency “What to Do” information at the Project. 6.44 CONTRACTOR shall take all reasonable safety precautions related to the Work of this
Contract, and shall provide reasonable protection to prevent damage, injury, or loss to:
6.44.1 employees or personnel related to the Work on the Project site and other persons who may be affected thereby;
6.44.2 the Work, material, and equipment to be incorporated therein, whether in storage
on or off the Project site, under the care, custody, or control of CONTRACTOR or Subcontractors;
6.44.3 other property at the Project site or adjacent thereto such as trees, shrubs, lawns,
walks, pavement, roadways, structures, and utilities not designated for removal, relocation or replacement in the course of the Work. CONTRACTOR shall give notices and comply with applicable laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on the safety of persons or property or their protection from damage, injury, or loss;
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6.44.4 CONTRACTOR shall erect and maintain, as required by existing Project site conditions and performance of the Work, 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;
6.44.5 CONTRACTOR and Subcontractors shall continuously protect the Work, and
every portion thereof, OWNER property, and the property of others, from damage, injury, or loss arising from weather conditions, vandals, and/or in connection with the Project and/or in connection with any Work of the Contract Documents;
6.44.6 CONTRACTOR and Subcontractors shall make good any such damage, injury,
or loss, except such as may be solely due to, or caused by, agents or employees of OWNER;
6.44.7 CONTRACTOR will remove all mud, water, or other elements required for the
proper protection and safe prosecution of the Work; 6.44.8 CONTRACTOR shall at all times provide heat, coverings, and enclosures
necessary to maintain adequate protection against weather so as to preserve the Work, materials, equipment, apparatus, and fixtures free from injury, loss and/or damage;
6.44.9 CONTRACTOR shall promptly provide notice to OR and other designated
OWNER representatives of all accidents arising out of or in connection with the Work, causing death, personal injury, or property damage, full details and statements of any witnesses. In addition, if death, serious personal injuries, or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to OR and other designated OWNER representatives.
6.45 Hazard Communication Plan
CONTRACTOR is responsible for identifying, coordinating, maintaining and any exchange of material data safety sheets or other hazard information requiring dissemination or distribution between CONTRACTOR, Subcontractor, and/or others.
6.46 Emergencies
In an emergency affecting the safety or protection of persons or property of OWNER or adjacent to OWNER, CONTRACTOR, without special instructions or authorization from OR or ARCHITECT, is obligated to act to prevent threatened damage, injury or loss due to, but not limited to, occurrences such as fire, flood, earthquake, or other soil and/or geological movements. CONTRACTOR shall provide notice to ARCHITECT and OR if CONTRACTOR believes any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ARCHITECT and OR determine a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Construction Directive may be issued to document the consequences of such action. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive.
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6.47 Shop Drawings, Samples, Product Data and Material Lists
6.47.1 Shop Drawings: CONTRACTOR shall prepare and/or cause to be prepared and shall submit all required Shop Drawings to ARCHITECT, with concurrent copy to the OR, for ARCHITECT review and approval in accordance with the OR accepted schedule of Shop Drawings and Sample submittals. All Shop Drawing submittals shall be identified and shall be submitted in accordance with the applicable requirements of related Division 01 General Requirements. Shop Drawings will be complete in respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show ARCHITECT the materials and equipment CONTRACTOR proposes to provide and to enable ARCHITECT to review the information for the limited purposes as set forth in Articles 6.50 and 6.51.
6.47.2 Samples: CONTRACTOR shall prepare and/or cause to be prepared and shall
submit all required Samples to ARCHITECT, with concurrent copy to the OR, for ARCHITECT review and approval in accordance with the OR accepted schedule of Shop Drawings and Sample submittals. All Sample submittals shall be identified and shall be submitted in accordance with the applicable requirements of related Division 01 General Requirements. Each Sample will be clearly identified as to material, supplier, pertinent data such as catalog number, and the use for which intended and otherwise as ARCHITECT may require to enable ARCHITECT to review the submittal for the limited purposes required by Articles 6.50 and 6.51.
6.47.3 Product Data and Material Lists: CONTRACTOR shall prepare and/or cause to
be prepared and shall submit all required Product Data and material lists to ARCHITECT, with concurrent copy to the OR, for ARCHITECT review and approval in accordance with the OR accepted schedule of Shop Drawings and Sample submittals. All Product Data and material lists shall be identified and shall be submitted in accordance with the applicable requirements of related Division 01 General Requirements. Each Product Data and material list will be complete with respect to manufacture’s data, supplier, installation instructions, color charts, compliance with recognized codes and standards, performance characteristics, diagrams and templates, catalog cuts, schedules, illustrations, materials, specified performance and design criteria, and similar data to show ARCHITECT the use for which intended and otherwise as ARCHITECT may require to enable ARCHITECT to review the information for the limited purposes required by Articles 6.50 and 6.51.
Submittal Procedures 6.48 Prior to the submission of each Shop Drawing, Sample, Product Data and/or material list
CONTRACTOR shall have determined and verified:
6.48.1 all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto;
6.48.2 all materials with respect to intended use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the performance of the Work;
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6.48.3 all information relative to the sole responsibility of CONTRACTOR in respect to means methods, techniques, sequences, and procedure of construction and safety precautions and programs incident thereto.
6.49 Each submittal shall bear a stamp or specific written indication signifying CONTRACTOR
has satisfied CONTRACTOR obligations under the Contract Documents with respect to CONTRACTOR review, coordination and approval of that submittal. Each submittal shall bear written identification of all Specification section numbers and/or Drawing title block references the submittal is intended to address.
6.50 At the time of each submission, CONTRACTOR shall give ARCHITECT specific written
notice of such variations, if any, that the Shop Drawings, Samples, Product Data and material lists submitted have from the requirements of the Contract Documents. Such notice shall be in a communication separate from, but included with each submittal, and in addition, CONTRACTOR shall cause a specific notation to be made on each Shop Drawing, Sample, Product Data and material list submitted to ARCHITECT for review and approval of each such variation.
6.51 ARCHITECT will review and approve Shop Drawings, Samples, Product Data and material
lists in accordance with the OR accepted Construction Schedule of Shop Drawings and Sample submittals. ARCHITECT review of and approval will be only to determine if the items covered by the submittals will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ARCHITECT review and approval will not extend to means, methods, techniques, sequences or procedures of construction, except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called out for by the Contract Documents, or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make and/or cause to be made corrections required by ARCHITECT, and shall return the required number of corrected copies of Shop Drawings, Product Data and material lists and shall submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ARCHITECT on previous submittals.
6.52 ARCHITECT review of and approval of Shop Drawings, Samples, Product Data and material
lists shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ARCHITECT attention to each variation at the time of submission as required by Article 6.49.3 and ARCHITECT has given written approval of each variation by specific written notation thereof incorporated in or accompanying the Shop Drawing, Sample, Product Data and material list approval; nor will any approval by ARCHITECT relieve CONTRACTOR from responsibility for complying with the requirements of Article 6.49.
6.53 Where a Shop Drawing, Sample, Product Data and material list is required to be submitted by
the Contract Documents or the Detailed Construction Schedule of Shop Drawings and Sample submissions accepted by OR, any related Work performed prior to ARCHITECT review and approval of the pertinent submittal will be at the sole expense, risk, and responsibility of CONTRACTOR.
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6.54 Continuing the Work
CONTRACTOR acknowledges that all time deadlines under the Contract are of the essence. The school facilities being built for OWNER under this Contract are critically needed to provide seats, classrooms and other facilities for the children of Fulton County Schools. If CONTRACTOR stops, delays, postpones and/or otherwise suspends the Work or any portion thereof, except in cases of emergency or encountering those conditions as set forth in Articles 4.2, 4.3, 4.5 and 4.6, CONTRACTOR will cause irreparable harm; including without limitation the renting and/or leasing of temporary classroom and support facilities, the busing of students to temporary alternative educational facilities, and the providing of temporary nutrition services. Accordingly, at all times, CONTRACTOR shall continue to perform the Work in accordance with the Detailed Construction Schedule and/or as otherwise directed in writing by a Construction Directive. CONTRACTOR shall proceed with the Work even if CONTRACTOR contends OWNER, and/or anyone OWNER is legally responsible for, has materially and/or otherwise breached the Contract; and even if there exists a dispute; disagreement, or a proceeding and/or Claim is pending subject to OWNER”S continuing obligation to pay CONTRACTOR in accordance with the terms of the Contract Documents. CONTRACTOR acknowledges that it shall not suffer any irreparable harm by continuing to perform the Work and/or any disputed Work as there is a fair and reasonable method of full compensation provided for under this Contract, as found in, but without limitation, Articles 10, 11, 12, 14 and 16 of these General Conditions. CONTRACTOR and OWNER agree that the measure of damages for breach of Contract shall be the sole measure of damage used in any dispute, proceeding, arbitration and/or litigation and in every and all disagreements between them, unless expressly stated otherwise in this Contract. The Work, portions thereof, and/or disputed Work shall not be stopped, delayed, postponed and/or otherwise suspended pending the resolution of any dispute, Claim, proceeding and/or disagreement of every kind. This provision constitutes an advance waiver by CONTRACTOR of any right, if any, whenever acquired, to rescind this Contract.
6.55 Right to Audit
The OWNER shall have the right to review, obtain, inspect, audit and copy all the written and electronically stored records of CONTRACTOR pertaining to the Contract and/or Work and any Claim in connection with any of the foregoing. CONTRACTOR agrees to maintain such records and allow such audits for a period of up to four (4) years following the date the Notice of Completion is recorded. This provision applies equally to electronic records of the CONTRACTOR, including any records under its possession, custody or control. The audits may be performed by employees of OWNER and/or by an outside representative engaged by the OWNER. CONTRACTOR records as referred to in this Contract shall include, without limitation, any and all information, materials and data of every kind and character, such as, but not limited to, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers, memoranda, shipping invoices and/or tickets, delivery tickets, bills of lading and cost reports. Such records may also include, written policies and/or procedures, time sheets, equipment and/or material inventories, payroll registers, payroll records, cancelled payroll checks, subcontract files (including proposals and/or bids of successful and unsuccessful Offerors, bid recaps, etc.), original estimates, estimating worksheets, correspondence, Change Order/Change Order Proposal! and/or Change Order request files (including documentation covering negotiated settlements), backcharge logs and supporting documentation, invoices and related payment documentation, general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends, and any other CONTRACTOR records which may have a bearing on matters of interest to the OWNER in connection with the CONTRACTOR dealings with the OWNER.
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CONTRACTOR shall require all of its payees (e.g., Subcontractors, suppliers, materialmen, employees, officers, directors and others) to comply with the provisions of this Article 6.55 by expressly including the requirements hereof in all written contracts with all such payees. Such requirements are to include that these flow-down right to audit provisions shall be included by such payees in all of their contracts with their Subcontractors, sub-Subcontractors, materialmen, etc.
6.56 General Warranty and Guarantee
6.56.1 CONTRACTOR warrants and guarantees to OWNER, ARCHITECT, and ARCHITECT Consultants all Work shall be in accordance with the Contract Documents and will not be defective. CONTRACTOR warranty and guarantee hereunder excludes defects and/or damages caused by:
6.56.1.1 abuse, modification or improper maintenance or operation by persons
other than CONTRACTOR, Subcontractors or suppliers; 6.56.1.2 normal wear and tear under normal usage.
6.56.2 CONTRACTOR obligation to perform and complete the Work in accordance
with the Contract Documents shall be absolute. None of the following shall constitute acceptance of Work not in accordance with the Contract Documents or shall serve as a release of CONTRACTOR obligations to perform the Work in accordance with the Contract Documents:
6.56.2.1 observation by ARCHITECT or ARCHITECT Consultant; 6.56.2.2 recommendation of any progress and/or final payment by
ARCHITECT; 6.56.2.3 issuance of a certificate of Substantial Completion, Partial Use or
Occupancy or any payment by OWNER to CONTRACTOR under the Contract Documents;
6.56.2.4 any acceptance by OWNER or any failure to do so; 6.56.2.5 any review and approval of a Shop Drawing, Sample, Product Data
or material list submittal or the issuance of a notice of acceptability by ARCHITECT pursuant to Article 14.12;
6.56.2.6 any inspection, test and/or approval by others; 6.56.2.7 any correction of defective Work by OWNER.
6.57 Indemnification
In addition to Article 6.60 and any other part of the Contract Documents, and to the fullest extent permitted by law, CONTRACTOR and its performance bond surety, shall defend, indemnify, and hold harmless OWNER, OR, OWNER employees, representatives and/or agents, OWNER Consultants from and against claims, actions, damages, losses, penalties, costs and expenses (including, but not limited to attorneys’ fees and costs including fees of consultants) arising out of or resulting from performance of the Work, including but not limited to, CONTRACTOR or its Subcontractors use of the Project site; CONTRACTOR
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failure to pay Subcontractors and/or others; CONTRACTOR or its Subcontractors construction of the Work, or failure to construct the Work, or any portion thereof; the use, misuse, erection, maintenance, operation, or failure of any machinery or equipment including, but not limited to, scaffolds, derricks, ladders, hoists, and rigging supports, whether or not such machinery or equipment was furnished, rented, or loaned by any of the Indemnities; or any act, omission, negligence, or willful misconduct of CONTRACTOR or its Subcontractors or their respective agents, employees, material or equipment suppliers, invitees, or licensees whether caused by the acts or omissions of CONTRACTOR, its Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, regardless of whether the allegations underlying such claims, action, damage, loss, penalty, cost or expense are with or without merit, true or false and whether or not caused in part by a party indemnified hereunder. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of defense and/or indemnity, which would otherwise exist as to a party, person, or entity described herein. Nothing set forth in this Article 6.57 is intended to provide indemnification for those situations precluded by law.
6.58 Indemnification by Subcontractors and Their Sureties
In addition to Articles 6.57 and 6.60 and any other part of the Contract Documents, CONTRACTOR shall ensure by subcontract agreement that each Subcontractor, and each performance bond of, if any, a Subcontractor, shall defend, indemnify, and hold harmless OWNER, OR, OWNER employees, representatives and/or agents, including, without limitation, and OWNER Consultants from and against claims, actions, damages, losses, penalties, costs and expenses, including, but not limited to, attorneys’ fees and costs, including consultants arising out of or resulting from: performance of the Work including but not limited to; Subcontractors use of the Project site; Subcontractors failure to pay suppliers or others; Subcontractors construction of the Work or failure to construct the Work or any portion thereof; the use, misuse, erection, maintenance, operation, or failure of any machinery or equipment, including, but not limited to, scaffolds, derricks, ladders, hoists, and rigging supports, whether or not such machinery or equipment was furnished, rented, or loaned by any of the indemnities; or any act, omission, negligence, or willful misconduct of Subcontractors or their respective agents, employees, material or equipment suppliers, invitees, or licensees whether caused by the acts or omissions of Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, regardless of whether the Subcontractor itself is free from fault or the allegations underlying such claim, action, damage, loss, penalty, cost or expense are with or without merit, true or false, and whether or not caused in part by a party indemnified hereunder. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of defense and/or indemnity, which would otherwise exist as to a party, person, or entity described herein. Nothing set forth in this Article 6.58 is intended to provide indemnification for those situations precluded by law.
6.59 Joint and Several Liability
[Intentionally left blank] 6.60 No Limitation on Obligations to Indemnify
CONTRACTOR and each Subcontractor obligation to indemnify, hold harmless and defend the indemnities under Articles 6.57 and 6.58 and shall also include, without limitation, any and all claims, actions, damages, losses, penalties, expenses and costs: for injury to persons and property and death of any person; for breach of any warranty and/or guarantees, express or implied; for failure of CONTRACTOR or Subcontractors to comply with any applicable
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governmental law, rule, regulation, or other requirement; and for products installed in or used in connection with the Work, except as may be precluded by statute. These obligations shall survive final payment, Final Completion, acceptance of the Work, any termination of the Contract and/or any termination of CONTRACTOR right to proceed with the Work in whole and/or in part.
END OF ARTICLE
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ARTICLE 7 – CONSTRUCTION BY OWNER OR BY SEPARATE WORK CONTRACT
7.1 OWNER Right
OWNER reserves the right to perform the Work, portions thereof and other Work related to the Project with OWNER forces and/or to award Separate Work Contract to perform Work relative to utilities, Work and/or the Project.
7.2 Work Not Identified in Bidding Documents
In the event the Work is not identified in the Bidding Documents and upon the election to perform Work with OWNER forces or by Separate Work Contract, OR shall provide notice to CONTRACTOR prior to commencing any such Work. If CONTRACTOR believes the performance thereof justifies an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall provide notice to ARCHITECT and OR who shall promptly investigate. OR may, in consideration of, but not limited to, the recommendation of ARCHITECT, issue a Construction Directive. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive.
7.3 Work Identified in Contract Documents
If the Work or a portion thereof is identified in the Contract Documents and upon OWNER election to perform the Work or a portion thereof with OWNER forces or Separate Work Contract, OWNER may, in addition to the OWNER rights as set forth in Article 10, proceed in accordance with, but not limited to, Articles 15.2 through 15.4.
7.4 CONTRACTOR Duties and Responsibilities
7.4.1 CONTRACTOR shall make any revisions necessary to the Preliminary and Detailed Construction Schedules to coordinate, sequence and schedule Work activities associated with the Project, including but not limited to Work by the CONTRACTOR, OWNER forces and/or Separate Work Contract(s).
7.4.2 Allow the delivery and storage of materials and/or equipment of OWNER forces
and/or Separate Work Contract. 7.4.3 Not hinder or otherwise delay any Work associated with the Project. 7.4.4 Subject to the provisions of Section 7.4.6 or as provided otherwise in the Contract
Documents and in order to fully integrate the Work of OWNER forces and/or Separate Work Contract, CONTRACTOR shall perform all cutting, fitting, patching and connecting of the Work with and to the Work of OWNER forces and/or Separate Work Contract. CONTRACTOR shall seek, and not be subject to unreasonable withholding of written consent from ARCHITECT and/or Separate Work Contract prior to cutting, excavating, and/or otherwise altering Work of OWNER forces and/or Separate Work Contract.
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7.4.5 If the Contract Documents specify cutting, fitting, patching and connecting of the Work is performed by OWNER forces and/or Separate Work Contract, CONTRACTOR shall not unreasonably withhold consent to cutting, fitting, patching or otherwise altering Work of CONTRACTOR.
7.4.6 If any part of the Project depends upon Work of OWNER forces and/or Separate
Work Contract, CONTRACTOR shall examine and immediately provide notice to ARCHITECT and OR of any defective Work in the Work of OWNER forces and/or Separate Work Contract rendering it unsuitable for the proper execution of subsequent CONTRACTOR Work. Failure of CONTRACTOR to provide notice shall constitute acceptance of preceding Work as fit and proper for execution of subsequent Work. ARCHITECT and OR shall promptly investigate and the OR may, in consideration of, but not limited to, the recommendation of ARCHITECT, issue a Construction Directive to CONTRACTOR, OWNER forces and/or Separate Work Contract. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive.
7.4.7 [Intentionally left blank] 7.4.8 CONTRACTOR shall not damage or otherwise endanger the Work and/or
property of OWNER forces and/or Separate Work Contract. In the event CONTRACTOR causes damage or is deemed responsible by the OR for the cause of damage to Work and/or property of OWNER forces and/or Separate Work Contract, OR may issue a Construction Directive to immediately remedy such damage. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive.
7.4.9 CONTRACTOR shall be completely responsible for, and shall provide all means,
methods and materials to fully protect and/or otherwise prevent damage to the Work until Substantial Completion.
7.4.10 If OWNER elects to perform any portion of the Work as per Articles 7.2 and/or
7.3, CONTRACTOR shall perform and/or otherwise continue to perform the remaining portions of the Work and shall fully comply with CONTRACTOR obligations as set forth in Article 6.54.
7.5 OWNER Roles
OWNER roles are to:
7.5.1 participate in, or cause participation in, the coordination, sequencing and scheduling of CONTRACTOR activities relative to the Work, Work of OWNER forces and/or Separate Work Contract;
7.5.2 [Intentionally left blank] 7.5.3 relative to the Work, Work of OWNER forces and/or Separate Work Contract;
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7.5.4 not hinder or otherwise delay the Work of CONTRACTOR, OWNER
forces and/or Separate Work Contract.
END OF ARTICLE
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ARTICLE 8 - OWNER DUTIES, RIGHTS AND RESPONSIBILITIES
8.1 OWNER Representative
OWNER Representative (OR) is the OWNER representative during the Work, or any portion thereof, who will be identified at the initial job start meeting as provided in Article 2.6.2. The duties, responsibilities and authority limits of the OWNER Representative are as set forth in the Contract Documents.
8.1.1 OWNER shall be represented by the OR. OR is the OWNER’s Representatives in
providing the services required to manage the Contract between OWNER and CONTRACTOR, and the agreement between ARCHITECT and OWNER. CONTRACTOR shall ensure: (i) that all changes in CONTRACTOR services or Work to be performed shall only be allowed pursuant to written agreement or direction; (ii) that all contractually binding communications with OWNER shall be through OR; and (iii) that in the event CONTRACTOR receives any communication from an employee or other representative of OWNER, CONTRACTOR will immediately advise OR of the content of said communication after receipt of said communication by CONTRACTOR.
8.1.2 In providing the services required to manage the Contract between OWNER and
CONTRACTOR and the agreement between the ARCHITECT and OWNER, OR shall endeavor to maintain a working relationship with the ARCHITECT and CONTRACTOR on behalf of OWNER. However, nothing herein should be construed to mean or imply that OR or OWNER assumes any of the responsibilities or duties of the ARCHITECT or CONTRACTOR or that the OWNER waives any rights to strictly enforce the obligations of the ARCHITECT or CONTRACTOR under the applicable contracts. The ARCHITECT shall be solely and exclusively responsible for the design aspects of the Project. The ARCHITECT shall design and inspect the Project in accordance with the agreement between the ARCHITECT and OWNER. CONTRACTOR shall be solely and exclusively responsible for the construction aspects of the Project, including all means, methods, techniques, sequences and procedures used in construction of the Project in accordance with the Contract between CONTRACTOR and OWNER.
8.2 Communication by OWNER
Unless noted otherwise, OWNER shall issue all OWNER communications to CONTRACTOR, ARCHITECT, and/or others, through the OR.
8.3 ARCHITECT Replacement
In case of termination and/or replacement of ARCHITECT, OWNER has the right to engage the professional services of an ARCHITECT or may perform ARCHITECT duties and responsibilities with ARCHITECT of direct OWNER employment. The status of the replacement ARCHITECT shall be as of original ARCHITECT as defined within the Contract Documents.
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8.4 Removal of Staff
OWNER shall have the right, but not the obligation, to require the removal from the Work any superintendent, staff member, agent, or employee of CONTRACTOR, Subcontractor, vendor, and material or equipment supplier for cause.
8.5 Access to Lands, Reference and Reports
OWNER duties in respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Article 4.4.
8.6 Hazardous Materials, Substances, Wastes, Lead Based Paint and Petroleum
OWNER responsibility in respect of undisclosed Asbestos, PCB’s, Petroleum, Hazardous Materials, Hazardous Substances, Hazardous Wastes, Lead Based Paint, Radioactive Materials uncovered, revealed and/or exposed at the Project site are as set forth in Articles 4.5 and 4.6.
8.7 Insurance
OWNER may provide additional insurance as it deems necessary. However, nothing stated in this Agreement shall require OWNER to carry insurance or in any manner waive its right to assert sovereign immunity.
8.8 Right to Audit
OWNER right to audit as set forth in Article 6.55. 8.9 Safety Precautions and Programs
OWNER has no duty, responsibility or obligation for any and/or all safety precautions and/or programs as specified in Article 6 except which is expressly called out in the Contract Documents.
8.10 Right to Perform Work
OWNER rights to perform the Work or portions thereof are as set forth in Articles 7 and 15. 8.11 Direct Additions, Deletions or Revisions to the Work
OWNER rights to direct additions, deletions and/or revisions to the Work are as set forth in Article10.
8.12 Provide Tests and Inspections
OWNER responsibility in providing certain tests, inspection and approvals are as set forth in Article 13.
8.13 Furnish Data, Information and Services
OWNER shall promptly furnish all data, information and services required of OWNER under the Contract Documents and shall make payments to CONTRACTOR promptly when they are due as set forth in Article 14.
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8.14 Suspend, Delay, Interrupt, Disrupt, Re-sequence Work
OWNER right to suspend the Work is as set forth in Article 15. 8.15 Terminate Right to Proceed with the Work
OWNER right to terminate CONTRACTOR right to proceed with the Work is as set forth in Article 15.
8.16 Terminate Contract for Convenience
OWNER right to terminate Contract for OWNER convenience is as set forth in Article 15. 8.17 Assess Costs, Expenses and/or Damage
OWNER has the right to assess costs, expenses and/or damages against Contract funds, the CONTRACTOR, and/or the performance bond.
8.18 Means, Methods and Techniques
OWNER has no duty, responsibility or obligation to supervise, direct, control or have authority over, CONTRACTOR means, methods, techniques, sequences, and/or procedures of construction unless otherwise specified in the Contract Documents.
8.19 Laws and Regulations
OWNER has no duty, responsibility or obligation for CONTRACTOR failure to comply with applicable laws and regulations in furnishing of or performance of the Work.
8.20 Furnishing and Performance of Work
OWNER has no duty, responsibility or obligation for CONTACTOR failure in furnishing of or performance of the Work in strict accordance with the Contract Documents.
8.21 Safety Evaluation and a Contractor Performance Evaluation
OWNER has the right to perform and complete a Safety Evaluation and a Contractor Performance Evaluation at the end of the Project and at any time during the course of the Project.
1.22 Other OWNER Rights
Other OWNER rights, duties and responsibilities not expressly set forth in this Article.
END OF ARTICLE
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ARTICLE 9 - ARCHITECT ROLE DURING CONSTRUCTION
9.1 ARCHITECT - General
The authority and limitations of ARCHITECT during construction of the Work are as set forth in the Contract Documents and shall not be extended, waived, altered or diminished without written consent of ARCHITECT and OR. ARCHITECT has the responsibilities and authority established by law.
9.2 Periodic Site Visits
ARCHITECT will periodically visit the Project site as determined by OR in order to observe and witness the general progress and quality of the Work of CONTRACTOR. ARCHITECT periodic observation of the Work on behalf of OWNER is to provide general determinations if the Work is proceeding in accordance with the Contract Documents. ARCHITECT is not obligated to perform continuous on site Project inspections in order to determine the quality of materials and/or quantities of Work. Based on such periodic visits and observations, ARCHITECT shall provide written communications to the OR detailing the overall progress of the Work and any observed defective Work of CONTRACTOR. ARCHITECT visits and on site Project observations are subject to all limitations on ARCHITECT authority and responsibility as set forth in Articles 9.12 through 9.16, and particularly, but without limitation, during or as a result of ARCHITECT on site visits or observations of Work of CONTRACTOR, ARCHITECT will not supervise, direct, control or have authority over or be responsible for CONTRACTOR means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with laws and regulations applicable to the furnishing or performance of the Work.
9.3 ARCHITECT Project Representative
If OR and ARCHITECT agree to, ARCHITECT shall furnish an on-site ARCHITECT project representative or other staff representatives who shall provide more continuous observation of the Work, Project or portion thereof. The levels and limitations of authority, duties and responsibilities of ARCHITECT project representative and related staff shall be as set forth, but not limited to, this Article. However, nothing in this paragraph shall require OWNER to provide an on-site ARCHITECT project representative.
9.4 Request for Information of the Contract Documents
9.4.1 ARCHITECT shall provide the OR, within a reasonable time, clarifications and/or interpretations of the Contract Documents binding CONTRACTOR and OWNER for the purposes of proceeding with the Work. Clarifications and/or interpretations may be in the form of drawings and/or other written instruments as determined by ARCHITECT, which will be reasonably inferable from and consistent with the intent of the Contract Documents
9.4.2 A Request for Information shall be prepared by CONTRACTOR and submitted
by CONTRACTOR to ARCHITECT with concurrent copy to OR. A Request for Information shall be submitted:
9.4.2.1 a minimum of nine (9) days prior to commencement of any Work
indicated in the Detailed Construction Schedule, in order to clarify the intent of the Contract Documents relative to the Work;
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9.4.2.2 upon discovery of minor conflicts or discrepancies in the Work
discovered during actual performance of the Work. 9.4.3 A Request for Information shall reference all the applicable Contract Documents
including division and/or Specification section, detail number, Drawing and/or plan designation. ARCHITECT shall provide the OR with a response to a Request for Information within seven (7) days after receiving a request pursuant to Articles 9.4.2.1 and 9.4.2.2., and OR shall provide a response to the CONTRACTOR within nine (9) days after receipt of a Request for Information pursuant to Articles 9.4.2.1 and 9.4.2.2.
9.4.4 Responses completed within the time limits as specified in Article 9.4.3 shall not
give rise to or establish the basis for any Claim seeking adjustment to the Contract Amount, Milestones and/or Contract Time based on, but without limitation, for any damages due to delay, acceleration, disruption, hindrance or similar causes.
9.4.5 A Request for Information submitted by CONTRACTOR outside the time limits
as specified in Article 9.4.2.1 shall not give rise to or establish the basis for any Claim seeking adjustment to the Contract Amount, Milestones and/or Contract Time based on, but without limitation, delay, acceleration, disruption, hindrance and/or similar causes.
9.4.6 In the event CONTRACTOR believes the information and/or interpretations as
provided in the response to the Request for Information establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, the directives of the OR shall be final for the purpose of proceeding with the Work. If CONTRACTOR believes a Construction Directive and/or a response as provided in the Request for Information establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of receipt of the response to the Request for Clarification.
9.5 Authorized Minor Variations in the Work
ARCHITECT may direct and OR may authorize minor variations in the technical aspects of the Work from the requirements of the Contract Documents. Authorized minor variations in the Work shall be consistent with the overall intent of the design concept of providing a complete functioning Project. Minor variations in the Work directed by ARCHITECT and authorized by OR may be accomplished by issuance of a Construction Directive. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive.
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9.6 Disapproval or Rejection of Defective Work
ARCHITECT has authority to recommend to OR disapproval of and/or rejection of Work deemed defective or Work ARCHITECT deems will not result in a complete Project as indicated in the Contract Documents. ARCHITECT has authority to require additional testing and/or special inspection of the Work as set forth in Article 13.9, whether or not such Work is fabricated, installed and/or completed.
Shop Drawings, Change Order Proposals, Construction Directive and Payments 9.7 In regards to ARCHITECT duties relative to Shop Drawings, Product Data, material
lists and Samples reference is made to the provisions of Article 6. 9.8 In regards to ARCHITECT duties relative to Request for Proposals, Change Order
Proposals, Construction Directive and Change Order, reference is made to Articles 10, 11, and 12.
9.9 In regards to ARCHITECT duties relative to Applications for Payment reference is made to
Article 14. 9.10 Unit Prices
ARCHITECT will review and make recommendations to OR of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR.
9.11 Disputes, Disagreements and other Matters
ARCHITECT shall serve as the initial interpreter of the requirements of the Contract Documents, acceptability of the Work thereunder and proposed adjustments to the Contract Amount, Milestones and/or Contract Time. Disputes, disagreements and other matters relating to the acceptability of Work, interpretations of the Contract Documents pertaining to the performance of and furnishing of the Work or proposed adjustments to the Contract Amount, Milestones and/or Contract Time will be referred initially to ARCHITECT with concurrent copy to OR, ARCHITECT shall render a formal recommendation to OR whose decision shall be final and binding on CONTRACTOR for the purpose of proceeding with the Work. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive.
Limitations of ARCHITECT Duty and Authority 9.12 Neither ARCHITECT authority, nor a recommendation made in good faith either to exercise
or not to exercise such authority, shall give rise to a duty or responsibility of ARCHITECT to CONTRACTOR, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the Work.
9.13 ARCHITECT will not supervise, direct, control, have authority over or in any way be
responsible for the means, methods, techniques, sequences and/or procedures of CONTRACTOR, or the safety precautions and programs of CONTRACTOR, or for any failure by CONTRACTOR to comply with laws and regulations applicable to the furnishing of or performance of the Work. ARCHITECT shall not be responsible for the failure of CONTRACTOR to furnish and/or perform the Work in accordance with the Contract
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Documents. 9.14 ARCHITECT shall not be responsible for acts and/or omissions of CONTRACTOR,
Subcontractor, supplier or of any other persons and/or organizations furnishing and/or performing any of the Work.
9.15 ARCHITECT review of the application for final payment and accompanying documentation
and all maintenance and operation manuals, project record documents, Detailed Construction Schedule, certificates and test results, approvals, guarantees and warranties, and other documentation required to be delivered as per Article 14.19 will only be to generally determine the content complies with the requirements of, and in case of tests, approvals and certificates of inspection, the results certified indicate compliance with the Contract Documents.
9.16 The limitations of authority and responsibility as set forth in Articles 9.12 through 9.15
shall also apply to ARCHITECT Consultant, ARCHITECT project representative and assistants.
END OF ARTICLE
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ARTICLE 10 - CHANGES IN THE WORK
10.1 OWNER Right to Add, Delete or Revise the Work
Without negating the Contract or providing notice to any surety, and at any time and/or times, OR has the right to direct additions, deletions, and/or revisions in the Work. A Change Order or Construction Directive shall serve to authorize additions, deletions and/or revisions in the Work. CONTRACTOR, upon receipt of any such document shall immediately proceed with the Work to be performed under the applicable conditions of the Contract Documents.
10.2 CONTRACTOR not Entitled to Change in Contract Amount, Milestones and/or Contract
Time
CONTRACTOR shall not be entitled to an increase in the Contract Amount, Milestones and/or Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in Articles 3.16.1 and 3.16.2 except in case of emergency as set forth in Article 6.46 or in the case of uncovering Work as set forth in Article 13.17.2.
10.3 Request for Proposal
A Request for Proposal may be issued to CONTRACTOR along with any necessary Drawings and Specifications as determined by ARCHITECT. CONTRACTOR shall, within the specified time periods, provide a Change Order Proposal which contains proposed adjustments to the Contract Amount, Milestones and/or Contract Time reflective of the Work specified in the Request for Proposal.
Construction Directive 10.4 A Construction Directive shall not adjust the Contract Amount, Milestones and/or Contract
Time but may lead to a Change Order Proposal. 10.5 Upon OR issuance of a Construction Directive, CONTRACTOR shall promptly comply with
the directives set forth herein. 10.6 If CONTRACTOR believes an OWNER issued Construction Directive establishes a basis
for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive.
Change Order Proposal 10.7 A Change Order Proposal shall include all estimates, breakdowns, and costs, data and/or
information required in order to validate a proposed adjustment in the Contract Amount, Milestones and/or Contract Time. CONTRACTOR shall not be entitled to any adjustment in the Contract Amount, Milestones and/or Contract Time for preparing a Change Order Proposal whether ultimately accepted or not.
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10.8 ARCHITECT shall serve as the initial interpreter of proposed adjustments to the Contract Amount, Milestones and/or Contract Time. ARCHITECT shall review labor, material and equipment costs and proposed adjustments to the Milestones and/or Contract Time and shall render a recommendation to OR whose decision shall be final for the purpose of proceeding with the Work.
10.9 If CONTRACTOR and OR agree on all the proposed adjustments, if any, in the Contract
Amount, Milestones and/or Contract Time contained within an additive and/or deductive Change Order Proposal, OR shall direct issuance of a Change Order for mutual execution by the parties.
10.10 If CONTRACTOR and OR are only able to achieve partial agreement on the proposed
adjustments in the Contract Amount, Milestones and/or Contract Time contained within an additive Change Order Proposal, then OR shall direct issuance of a Change Order for mutual execution by the parties setting forth those undisputed adjustments in the Contract Amount, Milestones and/or Contract Time. CONTRACTOR shall, within ten (10) days of OR issuance of the Change Order, file a Claim as set forth in Article 16 for any remaining disputed portions of the Change Order Proposal.
10.11 If OR rejects an additive Change Order Proposal in its entirety, CONTRACTOR shall, within
ten (10) days of OR issuance of the written rejection of the Change Order Proposal, file a Claim as provided for in Article 16.
10.12 If CONTRACTOR proposes no adjustments to the Contract Amount, Milestones and/or
Contract Time or if OR believes the CONTRACTOR proposed adjustments to the Contract Amount, Milestones and/or Contract Time are insufficient, OR shall file a Claim as set forth in Article 16.
Change Order 10.13 A Change Order shall not have any reservation of rights and/or qualifying language placed on
any Change Order. 10.14 OR and CONTRACTOR shall execute appropriate Change Orders covering:
10.14.1 changes in the Work ordered pursuant to, but not limited to, Article 10.1; 10.14.2 changes in the Contract Amount, Milestones and/or Contract Time which are
agreed to by the parties; 10.14.3 changes in the Contract Amount, Milestones and/or Contract Time which embody
the substance of any decision rendered pursuant to Article 16. However, if CONTRACTOR fails or refuses to execute a Change Order within ten (10) days of OR issuance, CONTRACTOR shall file a written Claim in accordance with Article 16. Notwithstanding the filing of such a Claim, CONTRACTOR shall proceed with the Work as set forth in Article 6.54.
END OF ARTICLE
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ARTICLE 11 - CHANGE OF CONTRACT AMOUNT
11.1 Contract Amount
The Contract Amount constitutes the total compensation, subject to authorized adjustments, payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR under the Contract shall be at expense of CONTRACTOR without change in the Contract Amount.
11.2 Change of Contract Amount
The Contract Amount can only be changed by Change Order to the Contract.
11.3 Cost of Work Relative to Contract Amount, Milestones and/or Contract Time
The Cost of the Work for any adjustment to the Contract Amount relative to Article 12.6 shall be determined in accordance with the requirements of Articles 11.5, 11.6, and 11.7.
11.4 Value of the Work
The value of any Work covered by a Change Order Proposal or a Change Order shall be determined as follows:
11.4.1 where the Work involved is covered by unit prices contained within the Contract
Documents, by application of such unit prices to the quantities of the items involved, subject to the provisions of Articles 11.9 through 11.12 inclusive;
11.4.2 where the Work involved is not covered by unit prices contained in the Contract
Documents, by a mutually agreed lump sum based on the Cost of the Work as determined by Articles 11.5 and 11.6 pIus a CONTRACTOR fee for overhead and profit as determined in Article 11.7;
11.4.3 where the Work involved is not covered by unit prices contained in the Contract
Documents and agreement is not reached under Article 11.4.2, on the basis of Cost of the Work as set forth in Article 11.8 and determined by Articles 11.5 and 11.6 plus a CONTRACTOR fee for overhead and profit as determined in Article 11.7:
11.4.4 as determined in accordance with the applicable provisions of Article 16.
11.5 Cost of the Work
The term ‘Cost of the Work’ means the sum of all direct and indirect costs necessarily incurred and paid for by CONTRACTOR in the proper furnishing and/or performance of the Work, Except as otherwise may be agreed to by OR, such costs shall be in amounts no higher than those prevailing in the locality of the Work and/or Project and shall only include the following items and shall not include any of the costs in Article 11.6:
11.5.1 the actual payroll costs for employees in direct employ of CONTRACTOR in the
performance of Work. Such employees shall include project managers, superintendents, foreman and other personnel employed full time at the Project
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site. Payroll costs for project managers not employed full time on the Work shall be apportioned on the basis of their time spent on the Project site. Payroll costs shall include salaries and wages, costs of fringe benefits including social security contributions, unemployment insurance, excise and payroll taxes, old age, and fringe benefits required by agreement. The expenses of performing Work after regular hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OR;
11.5.2 cost of all materials and equipment furnished and incorporated into the Work,
including costs of transportation, loading and unloading, storage and the cost of supplier’s field services in connection therewith. All cash discounts, trade discounts, rebates and refunds and returns from sale of surplus materials and/or equipment shall accrue to OWNER and CONTRACTOR shall make provisions so they may be obtained by OWNER;
11.5.3 payments made by CONTRACTOR to Subcontractors for Work furnished and/or
performed by Subcontractors. If required by OR, CONTRACTOR shall obtain competitive bids from Subcontractors and shall deliver such bids to OR. OR shall, upon recommendation of ARCHITECT, determine which bid shall be accepted. Subcontractor Cost of the Work and fee shall be determined in the same manner as for CONTRACTOR Cost of the Work and fee as provided for in Articles 11. 5, 11.6, and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable;
11.5.4 costs of consultants such as surveyors, testing agencies, engineers, architects,
attorneys, and accountants employed for services specifically related to the Work. 11.5.5 Supplemental costs including the following:
11.5.5.1 cost, including transportation, delivery and storage of all materials,
supplies, equipment, machinery, appliances, office and temporary facilities at the Project site and hand tools not owned by the workers which are consumed in the performance of the Work;
11.5.5.2 rentals of all construction equipment and machinery whether rented
by CONTRACTOR or others in accordance with rental agreements approved by OR, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery shall cease when the use thereof is no longer required for the Work;
11.5.5.3 sales, consumer, use and/or similar taxes related to the Work, and for
which CONTRACTOR is responsible for as imposed by laws and regulations;
11.5.5.4 royalty payments and fees for permits and licenses; 11.5.5.5 the cost of utilities, fuel and sanitary facilities at the Project site;
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11.5.5.6 minor expenses such as telegrams, long distance phones calls, and telephone service at the Project site;
11.5.5.7 cost of premiums for additional bonds required because of changes in
the Work. 11.6 Cost of the Work to Exclude
The term Cost of the Work shall not include any of the following:
11.6.1 payroll costs and other compensation of CONTRACTOR officers, executives, principals, owners, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR for general administration of the Work all of which are considered to be administrative costs covered by the CONTRACTOR fee;
11.6.2 expenses of CONTRACTOR principal and branch offices of other than
CONTRACTOR office located at the Project site; 11.6.3 any part of CONTRACTOR capital expenses, including interest on
CONTRACTOR capital employed for the Work and charges against CONTRACTOR for delinquent payments;
11.6.4 cost of premiums for all bonds and for all insurance of CONTRACTOR that is
not directly required for the Work being performed under the Contract Documents or the cost of premiums covered by Article 11.5.5.7;
11.6.5 costs due to negligence of CONTRACTOR, any Subcontractor, or anyone else
directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment furnished in error and the repair and/or replacement of any damage to property;
11.6.6 other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly set forth in Article 11.5. 11.7 CONTRACTOR Fee
The CONTRACTOR fee allowed to CONTRACTOR for overhead and profit shall be determined as follows:
11.7.1 a fee based on the following percentages of the various portions of the Work;
11.7.1.1 for costs incurred under Articles 11.5.1 and 11.5.2 the
CONTRACTOR fee shall be fifteen (15) percent; 11.7.1.2 where one or more tiers of Subcontractors are included in the change
the intent of Articles 11.5.1, 11.5.2, 115.3 and 11.7.1 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen (15) percent of the costs
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incurred by such Subcontractor under Articles 11.5.1 and 11.5.2 and that any higher Subcontractor and CONTRACTOR will each be paid a fee of five (5) percent of the amount paid to the next lower tier Subcontractor;
11.7.1.3 no fee shall be payable on the basis of costs itemized under Articles
11.5.4, 11.5.5 and 11.6; 11.7.1.4 the amount of credit to be allowed by CONTRACTOR to OWNER
for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in the CONTRACTOR fee by an amount equal to five (5) percent of such net decrease;
11.7.1.5 when both additions and credits are involved in any one change, the
adjustment in CONTRACTOR fee shall be calculated on the basis of the net change in accordance with Articles 11.7.1.1 through 11.7.1.4 inclusive.
11.8 Time and Material
Whenever the Cost of the Work is to be determined in accordance with Article 11.4.3, CONTRACTOR shall maintain records thereof in accordance with generally accepted accounting practices and shall submit the itemized cost breakdown to OR in the following form:
11.8.1 Daily Time and Material Record:
At the close of each work day, CONTRACTOR shall submit a daily time and material record, on a form prescribed by OWNER, to the OR, together with applicable delivery tickets, listing all labor, employees names, hours worked, wage classifications, materials, quantities, equipment size, type and identification number, and supplies involved for said work day, the location of the affected portion of the Work, for services and expenditures as authorized under Articles 11.5 and 11.7. An attempt shall be made to reconcile the daily time and material record, and the OR and the CONTRACTOR shall sign it. In the event of disagreement, each party to explain points, which cannot be resolved immediately, shall enter pertinent notes. Each party shall retain a signed copy of the daily time and material record. Daily time and material records of Subcontractors or others shall only be submitted through the CONTRACTOR.
Unit Prices 11.9 Where the Contract Documents provide that all or part of the Work is to be Unit Price
Work, the initial Contract Amount shall be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Bidding Documents. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by OR in accordance with Article 9.10.
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11.10 Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to fully cover all overhead and profit for each separately identified item.
11.11 OR or CONTRACTOR may request, by appropriate Change Order Proposal, an adjustment
in the Contact Amount if:
11.11.1 the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract;
11.11.2 there is no corresponding adjustment with respect to any other item of Work; 11.11.3 if CONTRACTOR believes CONTRACTOR is entitled to an increase in the
Contract Amount as a result of having incurred additional expense or OR believes that OWNER is entitled to a decrease in the Contract Amount.
11.12 If CONTRACTOR or OR cannot agree on terms of a Change Order Proposal as set forth in
Article 11.11, CONTRACTOR and OR shall proceed in accordance with Articles 10.10, 10.11 or 10.12.
END OF ARTICLE
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ARTICLE 12 – CHANGE OF CONTRACT TIME
12.1 General
All time limits stated in the Contract are of the essence of the Contract. The Contract Time and/or Milestones can only be changed by a Change Order.
CONTRACTOR and OWNER shall each be entitled to a non-compensable adjustment in the Milestones and/or Contract Time for any unreasonable delays, disruptions, interferences, hindrances, and/or accelerations in the Work due to any issues, events, conditions, circumstances and/or causes beyond their respective control, including but not restricted to, acts of god, acts of public enemy, acts of governmental entities, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather as defined in the Division 01 General Requirements, the discovery of any archeological findings, or acts or neglect of utility companies. In addition to whatever the law may define as non-compensable delays, disruptions, interferences, hindrances, and/or accelerations, the parties also define these force majure type events, and all such similar events, whether referred to herein or not, as “non-compensable — excusable delays, disruptions, interferences, hindrances, and/or accelerations.” The sole remedy of CONTRACTOR and/or OWNER for such delays, disruptions, interferences, hindrances, and/or accelerations shall be an adjustment to the Milestones and/or Contract Time. Separate from the foregoing, CONTRACTOR and OWNER agree that an adjustment in the Milestones and/or Contract Time shall also be the sole remedy of each party for any mutually occurring and/or concurrent delays, disruptions, interferences, hindrances, and/or accelerations in the Work, even if such arise from causes, events, conditions, and/or circumstances within their respective control, provided that such delays, disruptions, interferences, hindrances, and/or accelerations are what is commonly referred to in the industry and at law as concurrent delays” or provided that such delays, disruptions, interferences, hindrances, and/or accelerations in fact occur concurrently during the Work, even if they arise from different causes, events, conditions, and/or circumstances, in whole or in part.
CONTRACTOR shall be entitled to additional compensation for any delays, disruptions, interferences, hindrances, and/or accelerations in the Work due to any issues, events, conditions, circumstances, and/or causes within the respective control of OWNER or created by third persons for whom the OWNER is responsible for, which were unforeseeable at the time of contracting and are unreasonable under the circumstances of the Project, provided that, CONTRACTOR complies with the notice provisions of this Contract. The parties acknowledge that damages arising from unreasonable and unforeseeable delays, disruptions, interferences, hindrances, and/or accelerations on a complex construction Project involve an enormous amount of factual information, are very expensive in terms of time and money to address and/or litigate, and irreparably deprive and detract from the time and attention required of the Project participants to successfully construct the Work. The parties acknowledge this is such a Project. Therefore, the parties establish the procedures set forth in Articles 12.4 through 12.6, and in Article 16, as the exclusive procedures for fully and finally resolving any and all damages to the CONTRACTOR, its Subcontractors and/or any persons who may claim under and/or through them, of every nature, type and kind, arising in whole or in part from such unreasonable and unforeseeable delays, disruptions, interferences, hindrances, and/or accelerations.
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12.4 Initial Notice of Start of Issue, Event, Condition, Circumstance, and/or Cause of Perceived or Actual Delay/Disruption/Interference/Hindrance/Acceleration
If CONTRACTOR and/or its Subcontractor, encounter any issue, event, condition, circumstance and/or cause of a perceived and/or actual delay, disruption, interference, hindrance, and/or acceleration to the Work, or any portion thereof, CONTRACTOR shall provide a written notice to OR. The notice shall be transmitted to OR upon the date of discovery or no later than three (3) days after first encountering the issue, event, condition, circumstance, and/or cause. The notice shall supply all the information required by the provided form. CONTRACTOR shall also raise the issue, event, condition, circumstance and/or cause of a perceived and for actual delay, disruption, interference, hindrance, and/or acceleration at the first Project meeting with OR following the date of discovery of the issue, event, condition, circumstance, and/or cause. The matter shall be carried in the meeting minutes until resolved.
12.5 Final Notice of End of Issue, Event, Condition, Circumstance, and/or Cause of Perceived
or Actual Delay/Disruption/Interference/Hindrance/Acceleration
Within three (3) days of the ending of the issue, event, condition, circumstance, and/or cause referred to in Article 12.4, CONTRACTOR shall provide written notice to OR, notifying OR of the date on which the issue, event, condition, circumstance, and/or cause ended. If CONTRACTOR fails to provide notice to OR then OR shall provide said notice to CONTRACTOR and CONTRACTOR shall provide all other information required by the form. If CONTRACTOR contends the issue, event, condition, circumstance, and/or cause entitles CONTRACTOR to an adjustment of the Contract Amount, Milestones and/or Contract Time, then CONTRACTOR shall proceed as required by Article 12.6.
Change Order Proposal Seeking Adjustment of Contract Amount, Milestones and/or Contract Time Based Upon Compensable Delay/Disruption/Interference/Hindrance/Acceleration 12.6 Within thirty five (35) days of a notice being issued by OR or CONTRACTOR pursuant to
Article 12.5, if CONTRACTOR contends that the issue, event, condition, circumstance, and/or cause entitles CONTRACTOR to an adjustment of the Contract Amount, Milestones and/or Contract Time, then CONTRACTOR shall prepare and submit to ARCHITECT and OR, a Change Order Proposal pursuant to the requirements of Articles 10.7 through 10.12, inclusive, and Articles 11.3 through 11.7, inclusive, as applicable. The Change Order Proposal shall also identify all secondary and/or residual scopes of work/trades, if any, that will be or are likely to be impacted by the issue, event, condition, circumstance, and/or cause for which costs and/or time impacts could not be provided or estimated. Should CONTRACTOR identify such secondary and/or residual scopes of work/trades, CONTRACTOR shall state with specificity why and how, such scopes/trades, will, or are likely to be impacted and why CONTRACTOR cannot provide actual and or estimated cost and/or time impacts at the time the Change Order Proposal is submitted. Should CONTRACTOR fail or refuse to submit a Change Order Proposal as required by this Article 12.6 and/or fail or refuse to comply with the notice and other requirements of this Article 12, CONTRACTOR admits that it would be depriving OWNER of an opportunity to timely mitigate the issue, event, circumstance, condition and/or cause. As such, CONTRACTOR failure and/or refusal to follow the requirements of this Article 12 are an admission CONTRACTOR is not entitled to any adjustment in the Contract Amount, Milestones and/or Contract Time and CONTRACTOR has agreed to waive, relinquish and release any and all Claims in connection therewith.
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12.7 Nothing in this Article 12 alters, impairs, precludes, changes or modifies, in any way, other OWNER rights to additional compensation expressly set forth elsewhere in the Contract Documents. Nothing in this Article 12 alters, impairs, precludes, changes or modifies, in any way, CONTRACTOR obligation to include all costs, both direct and indirect, into a Change Order Proposal and/or Change Order, pursuant to the Contract.
12.8 Contractor Caused Compensable Delay
It is agreed by OWNER and CONTRACTOR that, because it would be impracticable and extremely difficult to fix the actual damages to the OWNER should the Work not be completed in accordance with the specified Milestones and/or Contract Time, plus any authorized adjustments to the Milestones and/or Contract Time, there shall be assessed as liquidated damages, not as a penalty, but rather an approximation of all such damages, the parties establish the sums shown in Section 01010 – Phasing of the Work, Appendix A as the amount of liquidated damages for each day thereafter the Work remains incomplete beyond the Milestones and/or Contract Time, plus any authorized adjustments. The OWNER shall have the right to assess liquidated damages against Contract funds, the CONTRACTOR, and/or the performance bond.
END OF ARTICLE
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ARTICLE 13 - TESTING AND INSPECTION; DEFECTIVE WORK
13.1 Notice of defective Work Although, OR, ARCHITECT, ARCHITECT Consultant or Inspectors have no obligation to discover or search for defective Work, if OR, ARCHITECT, ARCHITECT Consultant or Inspectors having jurisdiction acquire actual knowledge of any defective Work, the OR shall promptly notify the CONTRACTOR. Any or all defective Work may be rejected, corrected and/or accepted in accordance with the terms set forth in Articles 13 and 15.
13.2 Access to the Work
CONTRACTOR shall provide access at any time to the Work, products, equipment, materials and/or fabrications of the Work, wherever same are stored, fabricated, erected or installed, when directed to do so by OR, ARCHITECT, ARCHITECT Consultant, other OWNER personnel, representatives of testing and inspection agencies and other governmental entities having jurisdiction over the Work. CONTRACTOR shall provide sufficient, safe, proper access to, labor and facilities to prepare for and take samples for testing and/or inspection of products, equipment, and materials or fabrications of the Work.
13.3 Inspector of Record
Inspectors from government entities having jurisdiction over the Work and the OR shall have free access to any and all parts of the Work at any time. CONTRACTOR shall furnish Inspectors and OR such information and facilities as may be necessary to keep Inspectors and OR fully informed regarding progress, manner of Work and character of materials. Such observations shall not, in any way, relieve CONTRACTOR from responsibility for full compliance with all terms and conditions of the Contract Documents or be construed to lessen to any degree CONTRACTOR responsibility for providing efficient and capable superintendence of the Work. Inspectors are not authorized to make changes in the Contract Documents, including, without limitation, the Drawings or Specifications nor shall Inspectors inspection of the Work and methods relieve the CONTRACTOR of responsibility for the correction of subsequently discovered defects, or from its obligation to exactly comply with the Contract Documents. To the extent CONTRACTOR believes the Inspectors are requesting or requiring any such change, CONTRACTOR shall immediately provide notice to OR and ARCHITECT. OR review of percentage of the Work completed for the purpose of progress payments are stated for facilitating cash flow only and shall not constitute acceptance of the Work, in whole or in part, shall not be binding upon the OWNER in any way, and shall not be used as evidence of the actual percentage of the Work completed as per the requirements of the Contract Documents.
Testing, Inspection and Observation of the Work 13.4 Tests, inspections, observations and approvals of any portion of the Work required by the
Contract Documents will comply with all other laws, ordinances, rules, regulations, or orders of public authorities having jurisdiction.
13.5 Tests, inspections, observations and approvals conducted pursuant to the Contract
Documents shall not serve as a basis for any CONTRACTOR Claim based on, but not limited to, delay, disruption, hindrance and/or acceleration of the Work.
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13.6 CONTRACTOR shall provide a minimum of 2-day advance notice to Inspectors having jurisdiction of Work ready to be inspected, tested, observed and/or approved in order for Inspectors to perform or arrange performance thereof. CONTRACTOR shall fully cooperate with all testing and inspection personnel in the performance of their duties and responsibilities. CONTRACTOR shall provide a minimum of 2-day advance notice to OR of the supply, manufacture and/or fabrication of material to be supplied which must, by terms of the Contract Documents be tested, observed and/or inspected at the source of supply, fabrication or manufacture.
13.7 If the Contract Documents require observation, inspection, testing or approval of Work to be
performed outside normal hours of Work, the costs thereof shall be borne by OWNER. If CONTRACTOR elects to perform Work outside normal hours of Work the costs of any required observation, inspection, testing or approvals performed outside normal hours of Work shall be borne by CONTRACTOR with such costs of observation, inspection, testing and approval being assessed against Contract funds, the CONTRACTOR, and/or the performance bond. CONTRACTOR shall provide a minimum of 2-day advance notice to OR if CONTRACTOR elects to perform Work outside normal hours of Work.
13.8 If OR, ARCHITECT, or any other public authority having jurisdiction over the Work,
require or consider it necessary to perform additional observation, testing, inspection and/or approval, OR or ARCHITECT shall arrange for such additional observation, testing, inspection, or approval with the costs thereof being borne by OWNER, except for costs as set forth in Articles 13.11, 13.12.6 and 13.14.1 through 13.14.6 or as otherwise noted in the Contract Documents.
13.9 If initial observations, tests, inspections or approvals do not pass or receive approvals,
CONTRACTOR shall be responsible for all costs including the costs of additional observations, tests, inspections or approval, including, but not limited to, additional professional services and consultants provided by OWNER with the costs of such observation, tests, inspections and approval being assessed against Contract funds, the CONTRACTOR, and/or the performance bond.
13.10 CONTRACTOR shall not incorporate any material, product, assembly or fabrication
requiring observation, testing, inspection and/or approval into the Work until such test results, observation or inspection reports denoting compliance with applicable provisions of the Contract Documents are provided to CONTRACTOR.
13.11 If observations, tests, inspections or approvals do not pass or receive approval,
CONTRACTOR shall be responsible for all delays in the Milestones and/or Contract Time as set forth in Article 12.8.
OWNER Consultants 13.12 If required by the terms and conditions of the Contract Documents, OWNER will furnish at
OWNER expense, professional consultants such as, but not limited to, geotechnical engineers or other consultants who shall provide observations, tests, inspections and approvals identified in the Contract Documents as being responsibility of OWNER except:
13.12.1 when such services and expenses thereof are stipulated by the Contract
Documents to be provided by CONTRACTOR; 13.12.2 when a observed, tested, inspected or approved material, product, fabrication or
assembly fails to meet the requirements of the Contract Documents;
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13.12.3 when the source or supplier of material is changed after original observation, test
or inspection has been approved or passed; 13.12.4 when, upon examination of the ARCHITECT, any material, product, fabrication
or assembly appears to be inferior to and/or different from the originally observed, tested, inspected or approved material, product, fabrication or assembly;
13.12.5 when specified observations, testing, inspection and approval costs associated
with CONTRACTOR provided materials, products, fabrications or assemblies are outside a sixty (60) mile radius of the Project site;
13.12.6 then such costs of observation, testing, inspection, and approvals shall be
assessed against Contract funds, the CONTRACTOR, and/or the performance bond.
13.13 OWNER Consultant shall report results of all observations and tests noting if tested and/or
observed materials passed or failed such tests and shall furnish copies to OR, ARCHITECT, CONTRACTOR and others as required. In the case of geotechnical engineers the report shall state such observations and tests were conducted under the responsible charge of a licensed State of Georgia civil engineer and the material was tested in accordance with applicable provisions of the Contract Documents.
Testing Laboratories and Test Reports 13.14 If required by the terms and conditions of the Contract Documents, OWNER will furnish at
OWNER expense professional services of an independent approved testing laboratory to conduct required tests and inspections identified in the Contract Documents as being responsibility of OWNER except:
13.14.1 when such services and expenses thereof are stipulated by the Contract
Documents to be provided by CONTRACTOR; 13.14.2 when a tested and/or inspected material, product, fabrication or assembly fails to
meet the requirements of the Contract Documents; 13.14.3 when the source or supplier of material is changed after original observation, test
or inspection has been approved or passed; 13.14.4 when, upon examination of the ARCHITECT, any material, product, fabrication
or assembly appears to be inferior to and/or different from the originally observed, tested, inspected or approved material, product, fabrication or assembly;
13.14.5 when the specified observations, testing, inspection and approval costs associated
with CONTRACTOR provided materials, products, fabrications or assemblies are outside a sixty (60) mile radius of the Project site;
13.14.6 then such costs of observation, testing, inspection and approvals shall be assessed
against Contract funds, the CONTRACTOR, and/or the performance bond.
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13.15 Independent testing laboratory shall report results of all tests noting if inspection and/or
tested material passed or failed such tests and shall furnish copies to OR, ARCHITECT, CONTRACTOR and others as required. Report shall state tests were conducted under the responsible charge of a licensed State of Georgia civil engineer and the material was tested in accordance with applicable provisions of the Contract Documents.
Uncovering the Work 13.16 If any portion of the Work is covered prior to any required observation, inspection,
testing or approval it shall, upon notice to CONTRACTOR by OR, be uncovered for observation, inspection, testing or approval with the costs of uncovering and replacement thereof being borne by CONTRACTOR.
13.17 If ARCHITECT or OR deems it necessary to uncover any portion of the Work for additional
observation, inspection, testing or approval, CONTRACTOR shall, upon receipt of OR directive, proceed with furnishing such labor, material and equipment to uncover such portion of the Work and shall proceed as follows:
13.17.1 if uncovered Work is deemed to be defective, CONTRACTOR shall proceed in
accordance with, but not limited to, Articles 13.18 through 13.21; 13.17.2 if uncovered Work is deemed to be in complete accordance with the Contract
Documents, CONTRACTOR may be allowed an adjustment in the Contract Amount for those specific costs directly related to the costs of uncovering, repair and replacement of Work, and OR may adjust the Milestones and/or Contract Time;
13.17.3 however, if CONTRACTOR believes a Construction Directive establishes a basis
for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive.
Remedying Defective Work 13.18 Any Work, materials, equipment or other items, which do not conform to the requirements,
standards or approvals as set forth in the Contract Documents may be deemed defective by OR, in which case, they shall be removed and replaced by CONTRACTOR upon notice from OR.
13.19 CONTRACTOR shall, upon receipt of OR notice, promptly correct any portion of the Work
deemed defective, whether observed before or after completion and whether or not fabricated, installed, or completed. CONTRACTOR shall be responsible for all delays to the Milestones and/or Contract Time, costs of correcting defective Work, including the Work of others, including, but not limited to, additional professional services and consultants provided by OWNER with the costs of such observations, tests, inspections, and approvals being assessed against Contract funds, the CONTRACTOR, and/or the performance bond.
13.20 CONTRACTOR shall remove from the Project site all portions of defective Work not
corrected by CONTRACTOR or accepted by OR.
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13.21 If CONTRACTOR fails to remedy any defective Work, OR may proceed as set forth in Article 15.5.
Correction Period for the Work 13.22 If, within one (1) year after the date of Substantial Completion or such longer periods of
time prescribed by any special guarantees or warranties established under the Contract Documents and/or by any specific provisions of the Contract Documents, any Work is found to be defective, CONTRACTOR shall, in accordance with OWNER written notice and directives; correct defective Work; or replace defective Work with Work which is not defective; and correct and/or replace damage to other Work resulting from correction and/or replacement of defective Work.
13.23 In the event OR accepts a particular item of equipment and places it into continuous service
prior to Substantial Completion of the Work, the correction period for such item may commence from such date of OR acceptance if such acceptance is provided for in Article 14.18.
13.24 Where such defective Work has been corrected and/or replaced pursuant to Article 13.22 the
correction period for such corrected and/or replaced Work shall be extended an additional term equal to the original correction period for the Work.
13.25 Nothing contained in Articles 13.22, 13.23, and 13.24 shall be construed to establish a
period of limitation with respect to other CONTRACTOR obligations under the Contract Documents. Establishment of the one (1) year time period only relates to the specific obligation of CONTRACTOR to correct defective Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, or to the time within which proceedings may be commenced to establish CONTRACTOR liability with respect to CONTRACTOR obligations other than to correct any defective portion of the Work.
13.26 OWNER Acceptance of defective Work
Prior to ARCHITECT recommendation for final payment, OR may, in lieu of requiring correction and/or replacement of defective Work and where code, statute, ordinance or law does not require such correction, prefer to accept defective Work and may do so. CONTRACTOR shall pay all claims, costs, professional services, tests, inspections, losses, and damages incurred by OWNER in the evaluation of and determination of the acceptability of defective Work. If CONTRACTOR proposes acceptance of defective Work prior to ARCHITECT recommendation of final payment, a Construction Directive shall be issued. CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive.
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ARTICLE 14 - CONTRACTOR PAYMENTS AND COMPLETION
14.1 Schedule of Values
The certified Schedule of Values, as established in Article 2.5.1, shall serve as the basis for progress payments and shall be incorporated into a certified Application for Payment form available from the OWNER.
Application for Payment 14.2 On or before the fifth (5th) day of each calendar month following the month for which
payment is being requested, but not more than once a month, CONTRACTOR shall submit to OR an itemized Application for Payment for Work completed during the preceding month in accordance with the Contract Documents. Such application shall be certified by CONTRACTOR under penalty of perjury and shall be supported by the following or such portion thereof as OR requires:
14.2.1 the amount paid to the date of the application to CONTRACTOR, to all its
Subcontractors, and all others furnishing labor, material, or equipment; 14.2.2 the amount being requested with the Application for Payment by
CONTRACTOR on its own behalf and separately stating the amount requested on behalf of each of the Subcontractors and all others furnishing labor, material, and equipment up to and including the last day of the preceding month;
14.2.3 the balance due to each of such entities after said payment is made; 14.2.4 a certification the project record documents are current; 14.2.5 the approved Change Orders to the Contract Amount, Milestones and/or Contract
Time; 14.2.6 in accordance with Articles 14.9 and 14.10 a summary of the retention withheld; 14.2.7 material invoices, evidence of equipment purchases, rentals, and other supporting
documentation and details of cost as OR may require from time to time; 14.2.8 the percentage of completion of the Work by line item referenced to the certified
Schedule of Values; 14.2.9 a statement showing all payments made by CONTRACTOR for labor and
materials on account of the Work covered in the preceding certified Application for Payment;
14.2.10 prior to CONTRACTOR receipt of any payment for monies due, as a result of a
percentage of the Work completed, it shall furnish OR with a summary which must show payments to be made to Subcontractors covered by the payment application;
14.2.11 signed and notarized Unconditional Waiver and Release of Lien for partial and
final payments on form from OWNER.
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14.3 If CONTRACTOR fails to comply with any one of the certified Application for Payment
requirements as set forth in Article 14.2, OWNER has no obligation whatsoever to make any payment, each of the Article 14.2 requirements, as well as performing the Work as per the Contract, being conditions precedent to the maturing of OWNER obligation to make payment under the Contract. A certified Application for Payment is not “properly submitted”, within the meaning of this Contract unless and until CONTRACTOR has met each and every one of the requirements set forth in Article 14.2.
14.4 At CONTRACTOR sole cost and expense, OWNER will also permit the substitution of
securities in lieu of retention withheld by OWNER to ensure performance under the Contract. At the request and expense of CONTRACTOR, securities equivalent to the amount otherwise to be withheld under the Contract shall be deposited with OWNER, or with a state or federally chartered bank as the escrow agent. If the securities are so deposited, then retention on progress payments will not be withheld. In accordance with the provisions of Article 14.21 the securities shall be returned to the CONTRACTOR. Securities eligible for investment, bank or savings and loan certificates of deposit, interest-bearing, demand-deposit accounts, standby letters of credit, or any other security mutually agreed to by CONTRACTOR and OWNER. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Article 14.4 shall be approved by the OWNER. The escrow agreement shall provide “in the event OWNER declares a material breach of the Contract and gives notice thereof in writing to CONTRACTOR and the escrow agent, the escrow agent shall immediately release to OWNER funds and/or securities in an amount necessary to permit OWNER to correct defective Work and/or complete the Work.”
14.5 Since CONTRACTOR is required to order, obtain, and store materials and equipment
sufficiently in advance of the Work at no additional cost or advance payment from OWNER, and to assure there will be no delays to the progress of the Work, payment by OWNER for stored material shall be made where OR specifically approves the payment in writing. If payments are to be made on account of materials and equipment not incorporated in the Work, but delivered and suitably stored at the Project site or at some other location agreed upon in writing by OR, the certified Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting OWNER has received the materials and equipment free and clear of all liens and encumbrances and the materials and equipment are covered by appropriate insurance and/or other arrangements to protect OWNER interests therein, including, without limitation, transportation to the Project site. All stored items shall be stored in a bonded warehouse, inventoried, and if applicable, specified by identification numbers, otherwise all risk of loss remains with CONTRACTOR.
14.6 CONTRACTOR Warranty of Title
CONTRACTOR warrants and guarantees title to all Work, materials and equipment covered by any certified Application for Payment, whether incorporated into the Work or not, will pass to OWNER no later than the time of payment free and clear of stop notices and any and all encumbrances. CONTRACTOR further warrants upon submittal of a certified Application for Payment all Work for which a certified Application for Payment has been previously issued and payments received from OWNER shall, to the best of CONTRACTOR knowledge, information, and belief, be free and clear of stop notices and any and all encumbrances in favor of CONTRACTOR, Subcontractors, material and equipment suppliers, or other persons or entities making a claim by reason of having provided labor, materials, and equipment relating to the Work. Nothing set forth in this paragraph shall be construed to commence any warranty period for materials, equipment, systems, etc.
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incorporated into the Work. OWNER expressly reserves the right to reject any or all of the Work not in compliance with the Contract Documents at any time before Final Completion.
Review of Payment Applications 14.7 Based on ARCHITECT observations and CONTRACTOR certified Application for
Payment, ARCHITECT will review and make recommendations to OR regarding the amounts payable to CONTRACTOR on the certified Application for Payment.
14.8 ARCHITECT shall, within five (5) days after receipt of the certified Application for
Payment, either recommend approval of said payment in writing to OR or notify OR in writing of the reasons for recommending withholding approval in whole or in part. OR receipt of ARCHITECT recommendation shall constitute OWNER receipt of CONTRACTOR certified Application for Payment for payment purposes.
14.9 If the certified Application for Payment is undisputed and properly submitted as per Articles
14.2 and 14.3, payment, less ten percent (10%) retainage and any OWNER assessments, will be made within thirty (30) days from receipt as defined in Article 14.8. If however, the certified Application for Payment is not properly submitted, and/or is otherwise disputed, the OR will return it within seven (7) days from receipt of ARCHITECT recommendation with a written statement setting forth the reason why the payment request is not proper. If the payment request is properly submitted as required under Articles 14.2, 14.3 and 14.8, and only a portion thereof is disputed, OWNER may pay the undisputed portion thereof and refuse to pay the disputed portion thereof until the dispute is resolved. All payments are made In trust” and OR shall have the right to subsequently correct any error made in any certified Application for Payment. If CONTRACTOR disputes any OWNER assessment, then CONTRACTOR shall file a Claim as set forth in Article 16.
14.10 At any time after fifty percent (50%) of the value of the Contract Amount has been
completed, CONTRACTOR can request, and OWNER may, by action of the OWNER governing Board, determine satisfactory progress of the Work and OWNER may make any of the remaining payments in full for actual Work completed or may withhold retainage in any amount up to ten percent (10%) as OWNER determines appropriate based on progress of the Work. CONTRACTOR can file a written request for a reduction in retainage accompanied by a notarized consent of surety to reduction in or partial release of retainage form.
14.11 ARCHITECT recommendation of any payment in a certified Application for Payment
merely constitutes a representation by ARCHITECT to OR based on ARCHITECT observations at the Project site of executed Work and the data comprising the Application for Payment and to the best of ARCHITECT knowledge, information, and belief that:
14.11.1 Work has progressed to the points indicated in the certified Application for
Payment; 14.11.2 quality of the Work is in general compliance with the Contract Documents.
14.12 However, the review and recommendation of payment will not be a representation
ARCHITECT has made exhaustive or continuous on site Project inspections to check the quality or quantity of the Work or the Work is in fact as per the Contract Documents; reviewed construction means, methods, techniques, sequences, or procedures of CONTRACTOR; reviewed CONTRACTOR requisitions received from Subcontractors, material and equipment suppliers, and other data requested by OR to substantiate
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CONTRACTOR right to payment; or made an examination to ascertain how or for what purpose CONTRACTOR has used monies previously paid on account of the Contract Amount.
14.13 OR may refuse to make ARCHITECT recommended payments in whole or part because of:
14.13.1 defective Work not remedied or completed Work has been damaged requiring correction;
14.13.2 the Contract Amount has been reduced by Change Order; 14.13.3 OWNER has been required to correct defective Work and/or to complete Work in
accordance with Articles 13.22 and/or 15.5; 14.13.4 stop notices filed; 14.13.5 liquidated damages assessed against CONTRACTOR; 14.13.6 reasonable OR doubt the Work can be completed for the unpaid balance of any
Contract Amount and/or within the Milestones and/or Contract Time; 14.13.7 damage to OWNER and/or Separate Work Contract; 14.13.8 failure to store and/or properly secure materials; 14.13.9 failure of CONTRACTOR to submit on a timely basis, proper and sufficient
documentation required by the Contract Documents, including, without limitation, Construction Schedules, Shop Drawings, submittal schedules, Schedule of Values, Product Data and Samples, proposed material lists, and/or verified reports;
14.13.10 failure of CONTRACTOR to maintain current and accurate project record
documents; 14.13.11 erroneous estimates by CONTRACTOR of the value of the Work performed
and/or other erroneous data in a certified Application for Payment; 14.13.12 unauthorized deviations from the Contract Documents including, without
limitation, CONTRACTOR failure to correct notices of defective Work and/or safety orders;
14.13.13 failure of CONTRACTOR and/or its eligible Subcontractors to comply and
remain in compliance with insurance requirements; 14.13.14 other items entitling OWNER to a partial and/or full withholding of the
recommended amounts; 14.13.15 OWNER exercising any of its rights as set forth in Articles 15.2 through 15.5
inclusive;
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14.13.16 OWNER has assessed other costs, expenses and/or damages as permitted by the Contract;
14.13.17 OWNER has assessed penalties as permitted by law. No interest or penalties shall
be paid on any retention or amounts withheld due to the failure of CONTRACTOR to perform in full accordance with the terms and conditions of the Contract Documents.
14.14 Payment Not Constituting Approval or Acceptance
An approved certified Application for Payment, a progress payment, or partial or entire use or occupancy of the Work by the OWNER shall not constitute acceptance of Work that is not performed in accordance with the Contract Documents.
14.15 Interest
If payment is not made within thirty (30) days of receipt of an undisputed and properly submitted certified Application for Payment as set forth in Articles 14.2, 14.3 and 14.8, then interest shall begin to accrue as of the thirty-first (31st) day until paid at the rate of eight percent (8%). However, under no circumstances shall interest apply on a certified Application for Payment or sums claimed due under the terms of the Contract where the payment(s) is/are reasonably disputed by OWNER or CONTRACTOR.
Substantial Completion 14.16 When CONTRACTOR considers the Work is complete and ready for the use intended,
CONTRACTOR shall request OR to issue a certificate of Substantial Completion. Within a reasonable time, OR, ARCHITECT and CONTRACTOR shall inspect the Work. If OR does not consider the Work substantially complete, OR will notify CONTRACTOR stating the reasons thereof. If OR considers the Work to be substantially complete, ARCHITECT shall prepare and submit to OR and CONTRACTOR a comprehensive punch list of items to be completed. Upon receipt, OR shall prepare and deliver to OWNER a certificate of Substantial Completion thereby establishing the date of Substantial Completion, division of responsibilities pending final payment between OWNER and CONTRACTOR in respect to security, maintenance, safety, operation, heat, utilities, damage to the Work and insurance, warranties and guarantees and establish the date by which CONTRACTOR shall finish all items on the attached punch list. Warranties and guarantees shall commence on the date of Substantial Completion, unless otherwise provided in the certificate of Substantial Completion. CONTRACTOR shall promptly proceed in completing and correcting all items on the punch list in accordance with the Detailed Construction Schedule and prior to Final Completion. Failure to include an item on the punch list does not alter the responsibility of CONTRACTOR to complete all Work in accordance with the Contract Documents.
14.17 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the punch list.
14.18 Partial Use or Occupancy
OWNER may occupy or use any completed or partially completed portion of the Work with such Partial Use or Occupancy not constituting acceptance of the Work or a portion thereof. Upon OWNER election to partially use and/or occupy the Work, OR shall provide notice to CONTRACTOR, ARCHITECT and OR who shall jointly inspect the area to be partially
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used and/or occupied in order to determine and record the status of completion. ARCHITECT shall prepare and distribute a tentative punch list to CONTRACTOR and OR. OR and CONTRACTOR may also agree in writing to the division of responsibilities pending issuance of a Certificate of Substantial Completion in regards to security, maintenance, operation, heat, utilities, damage to the Work, insurance, warranties and guarantees.
14.19 Final Inspection
Upon notice from CONTRACTOR the Work is complete, OR, ARCHITECT and CONTRACTOR will perform a final inspection and will notify CONTRACTOR of all outstanding items in which said inspection reveals the Work to be incomplete and/or defective. CONTRACTOR shall immediately take all measures to correct and/or remedy said deficiencies.
14.20 Final Payment Application
After CONTRACTOR has completed all corrections to the satisfaction of OR, CONTRACTOR may make a final Application for Payment which shall be accompanied by the same details as set forth in Article 14.2 in addition to the following items as conditions precedent to final payment:
14.20.1 a full and final waiver and release of lien or other similar notices in connection
with the Work shall be submitted by CONTRACTOR, including a release of stop notice in a recordable form, together with, to the extent permitted by law, any stop notice release bonds from a surety acceptable to OWNER as defined by the Contract Documents, in connection with the Work obtained by CONTRACTOR from each stop notice claimant. The waivers of stop notice shall be in a form as approved by OWNER;
14.20.2 CONTRACTOR shall have made, or caused to have been made, all corrections to
the Work which are required to remedy any defects therein, to obtain compliance with the Contract Documents or any requirements of applicable codes and/ordinances including but not limited to the filing of any final verified reports, or to fulfill any of the orders or directives of OR required under the Contract;
14.20.3 each Subcontractor and CONTRACTOR shall have delivered to OR all written
guarantees, warranties, applications, and bonds required by the Contract Documents for its portion of the Work;
14.20.4 CONTRACTOR shall have delivered to OR reproducible final project record
documents denoting “as built” Work with CONTRACTOR certification of the accuracy of the project record documents, all guarantees and warranties, bonds, operation and maintenance instructions for equipment, products, apparatus;
14.20.5 CONTRACTOR shall have delivered to OR all manuals and extra materials
required by the Contract Documents;
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14.20.6 CONTRACTOR shall have removed, or caused to be removed, all waste materials and rubbish from and about the Project site, as well as all tools, construction equipment, machinery, surplus material, scaffolding equipment, temporary facilities, and any other similar materials or equipment of CONTRACTOR or any Subcontractor;
14.20.7 CONTRACTOR shall have provided all training and OWNER orientations as
specified in the Contract Documents; 14.20.8 consent of CONTRACTOR surety company to final payment has been received
by OR; 14.20.9 all waivers and releases required by Georgia law and the Contract are provided to
OR to be held in trust from all Subcontractors and CONTRACTOR; 14.20.10 all releases from Subcontractors are provided by CONTRACTOR to OR, then,
and only then; 14.20.11 shall the Work be deemed to have attained Final Completion.
Final Payment and Notice of Completion 14.21 Upon receipt and approval of all of the items specified in conjunction with the final
Application for Payment, as set forth in Article 14.20, ARCHITECT shall issue a final Certificate of Payment, stating to the best of its knowledge, information, and belief, and on the basis of its observations and all other data accumulated or received by ARCHITECT in connection with the Work, the Work has been completed in accordance with the Contract Documents. ARCHITECT shall present the final Application for Payment to OR. OWNER shall have no obligation to make, and shall not make, final payment of any outstanding disputed Claims not resolved by the dispute resolution procedures of Article 16.
14.22 Sixty (60) days after OR records the Notice of Completion, the retention shall be paid,
except for one hundred fifty percent (150%) of any amount in dispute and/or which OWNER otherwise has a right to withhold.
14.23 CONTRACTOR hereby expressly agrees, pursuant to O.C.G.A. § 13-11-7(b), that the
payment provisions within this Article 14 shall supersede the rates of interest, payment periods and contract and subcontract terms provided for by the Georgia Prompt Payment Act, O.C.G.A. § 13-11-1 et seq., and that the rates of interest, payment periods and contract and subcontract terms provided form under the Prompt Payment Act shall have no application to this contract.
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ARTICLE 15 - WORK SUSPENSION AND TERMINATION
15.1 OWNER Right to Suspend Work
The Work may be suspended for such period of time as may be necessary or convenient for OWNER upon OR notice to CONTRACTOR. Upon receipt of a directive to suspend Work, CONTRACTOR shall immediately comply with its terms and take all reasonable steps to minimize all costs allocable to the Work covered by the directive during the suspension. Where performance of the Work is suspended for an unreasonable time under the circumstances and which was not contemplated by the parties, and is a result of action or failure to act by OWNER, an adjustment may be made in the Contract Amount, Milestones and/or Contract Time, exclusive of fee, necessarily caused by such suspension. No adjustment shall be made for a suspension resulting from any cause other than action or inaction by OWNER. If CONTRACTOR believes a Construction Directive establishes a basis for an adjustment in the Contract Amount, Milestones and/or Contract Time, CONTRACTOR shall, pursuant to Articles 10.7 through 10.12, submit a Change Order Proposal within ten (10) days of the date of issuance of the Construction Directive.
OWNER Termination for Convenience 15.2 OWNER may, whenever its interests require, terminate this Contract for the convenience of
OWNER upon OR notice to CONTRACTOR indicating the date upon which such termination is effective. Upon receipt of such notice, CONTRACTOR shall cease Work as directed and incur no further obligations with regard to the terminated Work.
15.3 Upon termination of the Contract for convenience of OWNER, CONTRACTOR shall
transfer title and deliver to OWNER in the manner required by OR all parts fabricated or not, portions of the Work in process, completed portions of the Work, supplies and other materials produced or acquired for the terminated Work, completed or partially completed plans, drawings, information and other property which would be required to be furnished to OR upon Final Completion. CONTRACTOR shall protect and preserve property in its possession in which OWNER has an interest. If OR does not request transfer and delivery of such property, CONTRACTOR shall use its best efforts to sell such supplies and material for exclusive benefit of OWNER.
15.4 Upon termination of the Contract for the convenience of the OWNER, CONTRACTOR shall
be paid:
15.4.1 for completed and acceptable Work performed in accordance with the Contract Documents prior to the effective date of termination, including overhead and profit on such Work;
15.4.2 storage, transportation and other costs reasonably necessary for the preservation
or disposition of the Work and/or inventory described in Article 15.3; 15.4.3 compensation under Articles 15.4.1 and 15.4.2 shall be the exclusive and only
compensation CONTRACTOR is entitled to if OWNER exercises its rights under Article 15.2. Further, there shall be no payment for Work not completed pursuant to the Contract or for CONTRACTOR and/or Subcontractor expected overhead and profit had the Work and/or Project not been terminated;
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15.4.4 any outstanding Claims as of the date of termination shall be resolved pursuant to Section 16;
15.4.5 amounts required to be withheld for stop notices shall not be paid until the stop
notice issues are resolved. 15.5 Insufficient Performance by CONTRACTOR - OWNER Options
If, in the opinion of OR, CONTRACTOR at any time during the progress of the Work:
15.5.1 fails to immediately correct or remedy any defective Work; 15.5.2 refuses, fails or neglects to supply a sufficiency of material, labor, equipment, or
the like; 15.5.3 fails to promptly pay Subcontractors; 15.5.4 fails to keep in full force and effect the payment and performance bonds required
by the Contract for as long as those bonds are required to remain in effect by law and/or the Contract;
15.5.5 fails to keep the Contract funds free and clear of all stop notices; 15.5.6 fails to comply with a Construction Directive or notice of correction; 15.5.7 fails to keep to the Detailed Construction Schedule; 15.5.8 fails to maintain insurance; 15.5.9 fails to correct and complete punch list Work; 15.5.10 fails to adhere to any provision of this Contract, including safety requirements; then OR shall give notice as required by Article 15.5.11 or Article 15.5.12, as applicable.
Safety Violations
15.5.11 in cases of safety violation (s), OWNER may correct the violation(s) in accordance with Articles 15.5.15 and/or 15.5.16 without giving prior written notice, so long as oral notice is given to CONTRACTOR and its performance bond surety, and the CONTRACTOR fails to act immediately to correct the safety violations. The oral notice will be followed, as soon as possible, by a written notice from OR to CONTRACTOR and performance bond surety.
Non-Safety Violations
15.5.12 In cases other than violation(s) of safety requirements, before OWNER can proceed under Articles 15.5.15 and/or 15.5.16, OR shall first send a written notice to CONTRACTOR and its performance bond surety, at the addresses listed in the Contract, by facsimile, regular mail and/or electronic mail, giving CONTRACTOR and/or the performance bond surety three (3) days to correct the
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deficiencies to OR satisfaction. In the event CONTRACTOR and/or its performance bond surety fail to commence correction within the seven (7) days, OWNER can proceed forthwith, without any further notice, pursuant to Articles 15.5.15 and/or 15.5.16.
OWNER Options
OWNER may, at its sole option and without prejudice to any other rights and/or remedies OWNER may have at law, under the Contract, and/or in equity, do any and/or all of the following:
15.5.13 after providing further notice as required by law, initiate procedures to revoke any
pre- qualification status CONTRACTOR may have with OWNER; 15.5.14 after providing further notice as required by law, initiate procedures to have
CONTRACTOR declared a non-responsive Offeror and banned from all current and/or future OWNER Projects for a period of two (2) to five (5) years;
15.5.15 make good such deficiencies (i.e., Articles 15.5.1 through 15.5.10, inclusive) by
whatever method OWNER deems most expedient with all costs and expenses thereof being deducted and/or drawn down from the Contract Amount;
15.5.16 terminate CONTRACTOR right to proceed with the Work of the Contract, in
whole or in part, without terminating CONTRACTOR obligations under the Contract, with OWNER then completing the Work of the Contract, in whole or in part, by whatever method OWNER deems most expedient with all costs and expenses thereof being deducted and/or drawn down from the Contract Amount.
OWNER Use of CONTRACTOR Equipment, Facilities, Orders, Etc.
15.5.17 If OWNER elects to correct, remedy and/or complete Work, in whole or in part, as a result of electing the options provided for in Articles 15.5.15 and/or 15.5.16, then OWNER may: take possession of all or a portion of the Work; take possession of CONTRACTOR facilities, supplies, tools, equipment, appliances, apparatus, and machinery at the Work and/or Project site, whether owned, leased or rented by CONTRACTOR; incorporate into the Work all materials and equipment stored at the Project site, on order and/or stored elsewhere; proceed in accordance with, but not limited to, Articles 6.22 and 6.60.
15.5.18 With respect to the options in Articles 15.5.15 and/or 15.5.16, if the funds
otherwise due and payable to the CONTRACTOR under the Contract are not sufficient to reimburse OWNER for all incurred costs and expenses, then CONTRACTOR and its performance bond surety shall be responsible therefore. OWNER shall pursue recovery of all such costs, expenses and/or damages in litigation. Such costs, expenses and/or damages are not subject to the provisions of Article 16. If the cost to correct or complete under Articles 15.5.15 and/or 15.5.16 does not exceed the Contract Amount, then any amount remaining in the Contract Amount shall be paid over to the CONTRACTOR, provided that such remaining amount is otherwise due and payable to CONTRACTOR.
15.5.19 CONTRACTOR shall not be allowed an adjustment in the Milestones and/or
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Contract Time because of any delays or disruptions in the performance of the Work which are attributable to the exercise of OWNER rights and remedies as set forth in this Article 15.5. To the extent CONTRACTOR contends OWNER has improperly invoked its options under Articles 15.5.15 and/or 15.5.16, CONTRACTOR shall file a Claim under Article 16. OWNER exercise of its rights under Articles 15.5.13 and/or 15.5.14 are not subject to the provisions of Article 16.
END OF ARTICLE
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ARTICLE 16 - CLAIMS AND MANDATORY DISPUTE RESOLUTION
Disputes and Claims General 16.1 The mandatory dispute resolution procedures set forth in this Article 16 shall not usurp
OWNER authority to determine what Work is constructed, will be constructed, or whether the Work complies with the Contract Documents (notwithstanding the above, a determination by OWNER with regards to whether the Work complies with the Contract Documents shall give rise to a Dispute or Claim by CONTRACTOR). A “Dispute” or “Claim” is a demand or assertion by one of the parties seeking adjustments to the Contract Amount, Milestones and/or Contract Time. Every Dispute or Claim shall be in writing and signed under penalty of perjury and stated with specificity. The Dispute or Claim shall identify all of the issues, events, conditions, circumstances and/or causes giving rise to the Dispute/Claim, the dates thereof, and the asserted effects on the Contract Amount, Milestones and/or the Contract Time. The Dispute/Claim shall include and be accompanied by all supporting data to substantiate the claim. A Dispute/Claim asserting an effect on the Milestones and/or Contract Time shall include all pertinent scheduling data demonstrating the impacts on the critical paths, Milestones and/or Contract Time. A detailed cost breakdown of items allowed under the Contract shall accompany any Dispute/Claim asserting an effect on the Contract Amount. In accordance with Article 10.7 through 10.12, OR shall serve as the initial dispute resolution decision maker on all Disputes regarding the Work, Project, the Contract Documents and all matters pertaining thereto and/or caused thereby, excepting only those issues regarding stop notices, penalties, and other matters excluded in Article 16.2.
16.2 The term Dispute/Claim, for purposes of the Contract’s mandatory dispute resolution
procedures, shall not apply to:
16.2.1 the rights and obligations OWNER has as a public entity, such as, but without limitation, the revocation of pre-qualification status, barring a Offeror from OWNER Contracts, governmental immunity and, without limitation, the imposition of penalties or forfeitures prescribed by statute or regulation and imposed by a governmental body upon a CONTRACTOR;
16.2.2 personal injury, wrongful death or property damage claims; 16.2.3 latent defect or breach of warranty or guarantee to repair; 16.2.4 stop notices; 16.2.5 OWNER rights as set forth in Articles 15.5.13 and 15.5.14; 16.2.6 OWNER rights to recover all costs, expenses and/or damages as set forth in
Articles 15.5.15 and 15.5.16. Mandatory Dispute Resolution Process 16.3 In accordance with Article 10.7 through 10.12 should a dispute arise, the
CONTRACTOR shall request the OR to have the disputed amount reviewed by senior management. The request for senior management review must be made within seven (7) days of the rejection of the proposed adjustments by the OR. Within five (5) days of the CONTRACTOR’S request, the OR will coordinate a review meeting between the CONTRACTOR and senior management. If the senior management review resolves the
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dispute, a change order will be issued by the OR accordingly. If the dispute is not resolved at the senior management review, the CONTRACTOR must notify the OR that it protests the decision and shall proceed with the following mandatory dispute resolution process.
16.4 Within ten (10) days of the date stated on a written objection under Article 16.3, any party
can send and/or personally deliver to the authorized representative of the other party a written Meet and Confer demand. The CONTRACTOR shall file the Meet and Confer demand with the Fulton County Schools Capital Program Contracts Department (FCCPCD). The FCCPCD will coordinate and facilitate the meet and confer meeting with the CONTRACTOR. CONTRACTOR shall be represented at the Meet and Confer meeting by a senior project manager and a person of higher management level who has full authority to instantly resolve the dispute. The parties shall meet and negotiate a good-faith resolution of the dispute. All dispute resolutions are subject to the approval of the governing Board, whether by change order or settlement agreement. If the Meet and Confer meeting does not take place and/or resolve the dispute within ten (10) days from the delivery of the Meet and Confer demand, the party asserting the dispute shall then have the option to go to a Neutral Master procedure set forth in Article 16.5 (in which case the other party must participate in such Neutral Master procedures) or to immediately proceed to follow Article 16.6. The parties agree that resolving all disputes as soon as possible or no later than thirty (30) days after the filing of the dispute is in both of their best interests and provide one another with a critical opportunity to mitigate damages, if any. The parties agree that such resolutions are so critical that if a party fails to follow any part of the mandatory dispute resolution process established by articles 16.3 through 16.5, that the party’s dispute is waived, released, and forever forfeited.
16.5 Disputes not resolved through the Meet and Confer process will be submitted to a Neutral
Master for further review, in an attempt to resolve the dispute. Both parties agree to select a mutually agreeable Neutral Master to hear the dispute. The Neutral Master shall, upon receipt of notice of dispute resolution request, schedule a hearing with all parties present. Both parties agree to attend the hearing with the intent being to resolve the dispute. The fees of the Neutral Master and the administrative costs of the hearing shall be shared equally between the parties. Both parties will submit all pertinent information regarding the dispute to the Neutral Master. The Neutral Master shall have 7 days to review the information submitted and shall schedule resolution meeting with all parties to the dispute. The meeting shall be held within 14 days after the Neutral Master has been selected. Every effort shall be made by both parties to resolve the issue at the Neutral Master meeting. The Neutral Master meeting shall be scheduled for one eight (8) hour day. If the dispute remains after the Neutral Master meeting then both parties will proceed in accordance with Article 16.6.
Claim Process/Litigation 16.6 If the dispute resolution proceedings, set forth in Articles 16.3 through 16.5, have been
completed and a dispute is still unresolved, then (and only then) shall the Contractor or OWNER file a lawsuit with the Superior Court of Fulton County. However, in no event can the lawsuit be filed before Final Completion.
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16.7 All claims, disputes and complaints filed pursuant to Articles 16 shall be addressed to:
Fulton County Board of Education Robert M. Avossa, Ed.D, Superintendent c/o Fulton County Schools 786 Cleveland Avenue, SW Atlanta, Georgia 30315 Required copies to: D. Glenn Brock, Esq. Brock, Clay Calhoun & Rogers, P.C. 49 Atlanta Street Marietta, GA 30060 Capital Program Contracts Department The Meadows Operations Center 5270 Northfield Boulevard College Park, Georgia 30349
END OF ARTICLE
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ARTICLE 17 – ADDITIONAL PROVISIONS
17.1 Governing Law
The laws of the State of Georgia shall govern the Contract and any action on the Contract shall be filed in the Superior Court of Fulton County.
17.2 Successors and Assigns
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. 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.
17.3 Written Notice
In the absence of any other specific notice requirements set forth elsewhere in the Contract Documents, regarding a specific subject matter, notice shall be in writing, dated and personally signed by party giving notice or their duly authorized representative. Mechanical and/or electronically generated signatures are not acceptable under the terms and conditions of this Contract. Notice shall be deemed to be duly served if delivered in person to the individual, 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. Copies of notice or correspondence shall be distributed amongst the various parties of the Work by the party generating such notice or correspondence. Notwithstanding the above, the OWNER, OR and CONTRACTOR shall be required to provide where specifically set forth in the Contract or as directed in writing by the OR.
17.4 Rights, Remedies, Duties and Obligations Cumulative
Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder, shall be in addition to any duties, obligations, rights, and remedies otherwise imposed or available by law.
17.5 No Waiver
No action or failure to act by OWNER, OWNER Consultant, ARCHITECT, ARCHITECT Consultant or the CONTRACTOR shall constitute a waiver of a right or duty afforded them under the Contract Documents, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed to in writing.
17.6 Contract Language Controls
Custom and practice, industry standards, past (pre-Project) course of dealings, shall not be used to explain, interpret, supply or contradict the express text of this Contract unless a different intent is expressed in this Contract.
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Except as otherwise provided in the Contract Documents or when direct communications are warranted by special circumstances, CONTRACTOR shall communicate to OWNER and OWNER Consultants, through the OR and then only in writing with copies to all affected and/or mentioned parties. Official communications and notice shall be in writing only. Verbal communications are not official or binding under the Contract. Verbal communication, including directions, cannot be, and shall not be, the basis for: any change in the Contract Amount; Milestones; Contract Time; or any Claim, action, cause of action or other remedy regarding the Work and/or Contract and/or a breach thereof.
17.8 Claims Involving 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, any of the other party’s employees or agents, or others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party with sufficient detail to enable the other party to investigate the matter.
17.9 Computation of Time
17.9.1 When any period of time is referred to in the Contract Documents by days and/or calendar days, ft will be computed to exclude the first and include the last day of such period;
17.9.2 a day of twenty-four hours measured from midnight to the next midnight will
constitute a day and/or calendar day. 17.10 Oral Agreements or Modifications
No oral conversation, representation or agreement with any representative of OWNER, OWNER Consultant, ARCHITECT, ARCHITECT Consultant, OR or any other employee or agent of OWNER shall affect, modify any of the terms and conditions in any documents comprising this Contract.
17.11 Unfair Business Practice Claims; Assignment to OWNER
In entering into a public works Contract or a subcontract to supply goods, services, or materials pursuant to a public works Contract, the CONTRACTOR and/or Subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to CONTRACTOR without further acknowledgement by the parties.
END OF SECTION
2016 CBI Renovation Project RFP 417-16 00800-1
Sy Richards Architect, Inc. General Conditions
SECTION 00800
SUPPLEMENTAL TERMS AND CONDITIONS
1.1 CONFLICTS IN TERMS AND CONDITIONS
In a conflict between terms and conditions in any document that will be part of the contract, FCBE terms
and conditions shall govern.
The following supplements modify Document 00700 - General Conditions. Where a portion of the
General Conditions is modified and or deleted by these Supplementary Conditions, the unaltered portions
of the General Conditions shall remain in effect.
1.2 HOLD HARMLESS AGREEMENT
The CM shall Hold Harmless and indemnify FCS from any and all claims, suits, actions, damages,
liability and expenses including attorney fees in connection with theft, loss of life, bodily or personal
injury or property damage, including loss of use thereof, directly or indirectly caused by, resulting from,
arising out of, or occurring in connection with the performance of this contract which is the result of the
CM’s action(s) or inaction(s), or which are the result of employees of CM or any subcontractor’s action(s)
or inaction(s) who is hired or retained by the CM. The CM’s obligation shall not be limited by, or in any
way to, any insurance coverage or by any provision in or exclusion of omission from any policy of
insurance.
1.3 TERMINATION FOR DEFAULT
A. In the event any property or service to be furnished by the CM under a contract or purchase
order should for any reason not conform to the specifications contained therein or to the
sample submitted by the CM with his proposal, the FCS may reject the property or service
and may terminate the contract for default.
Prior to a termination for default, the CM will be given the opportunity to respond to a
“cure notice” and/or a “show cause notice”. In either case the CM will be expected to
either correct the offending situation or provide an acceptable plan and time frame for
correction within five (5) days of receipt of either notice. Failure to either correct the
offending situation or provide an acceptable plan and time frame for correction will be
cause for termination.
B. If the contract is terminated for default, FCS may procure such property or services from
other sources and shall have the absolute right to deduct from any monies due the CM or
that may thereafter become due to the CM, the difference between the contract price and
the actual cost of the property or service to be replaced or substituted.
C. Failure by a CM to perform on delivery of goods or services as specified may also result in
the removal of the CM from doing business with FCS for a period of up to one (1) year.
2016 CBI Renovation Project RFP 417-16 00390-2
Sy Richards Architect, Inc. Proposal Terms and Conditions
SECTION 00390
PROPOSAL TERMS AND CONDITIONS
1.4 TERMINATION FOR CONVENIENCE
FCS reserves the right to terminate for convenience a contract awarded through this solicitation.
1.5 PERMITS, TAXES, LICENSES, ORDINANCES, AND AGREEMENTS
Subsequent to the development of a GMP, the CM shall, obtain all necessary permits, give all notices, pay
all license fees and taxes, and comply with all applicable local, State and Federal laws, ordinances, rules
and regulations. The CM shall maintain the licenses required in a current status after award and
throughout the course of the contract.
In the performance of the contract, the CM shall comply with all local agreements which it has made with
any association, union or other entity with respect to wages, salaries and working conditions, so as not to
cause inconvenience, picketing or work stoppage.
1.6 NON-APPROPRIATION
Notwithstanding any other provision of this agreement, the parties hereto agree that the charges hereunder
are payable to the CM by Fulton County Schools solely from appropriations received by Fulton County
Schools. In the event such appropriations are determined in the sole discretion of the FCS Deputy
Superintendent of Operations to no longer exist or to be insufficient with respect to the charges payable
hereunder, this agreement shall terminate without further obligation of FCS at the end of any fiscal period
(hereinafter referred to as “Event”). In such Event, the FCS Deputy Superintendent of Operations shall
certify to the CM the occurrence thereof, and such certification shall be conclusive.
1.7 PROGRESS REPORTS
When requested by FCS, the CM shall furnish such reports as required.
1.8 INDEPENDENT CONTRACTOR STATUS
Contractor agrees that it is an independent contractor and FCS is not responsible for payment of any
salaries, taxes, benefits or costs associated with the employment of CM’s employees under this
Agreement. FCS is not responsible or liable for the hiring, termination or discipline of Contractor’s
employees.
If there are allegations of misconduct involving one or more of CM’s employees related to any services or
work under this Agreement, FCS reserves the right to require CM to promptly remove any of CM’s
employees from providing the services under this contract pending resolution of the employee
misconduct. CM agrees to promptly comply with any such request by FCS and to cooperate in any
investigation with FCS. The failure to cooperate with FCS may result in the termination of the agreement
or non-renewal of any agreement with CM, which will be determined by FCS in its sole discretion.
1.9 NONDISCRIMINATION
The CM, by the submission of a proposal or the acceptance of an order or contract, agrees to provide the
goods and services covered under the proposal or contract without discriminating in any way against any
person or persons or refuse employment of any person or persons on account of color, religion, national
origin, or sex.
2016 CBI Renovation Project RFP 417-16 00390-2
Sy Richards Architect, Inc. Proposal Terms and Conditions
SECTION 00390
PROPOSAL TERMS AND CONDITIONS
1.10 FCS NONDISCRIMINATION
Fulton County School System does not discriminate on the basis of race, color, religion, sex, national
origin, age, disability, or any other legally protected status in any of its employment practices, education
programs, services or activities.
1.11 MINORITY AND FEMALE BUSINESS ENTERPRISES
It is the intent of FCS to assure that Minority Business Enterprises (MBE) and Female Business
Enterprises (FBE) have an equal opportunity to participate in FCS Purchasing requirements.
1.12 DRUG-FREE WORKPLACE
By submission of a proposal, the Offeror certifies that he/she will not engage in the unlawful
manufacture, sale distribution, dispensation, possession, or use of a controlled substance or drug during
the performance of the contract and that a drug-free workplace will be provided for the contractor’s
employees during the performance of the contract. The Offeror also certifies that he will secure from any
subcontractor who works on the contract, written certification of the same drug free workplace
requirements. False certification or violation by failing to carry out requirements of O.C.G.A. § 50-24-3
may cause suspension, termination of contract, or debarment of such Offeror.
1.13 CERTIFICATION OF NONCOLLUSION
By submitting a proposal, the Offeror certifies that: “This proposal is made without prior understanding,
agreement, or connection with any corporation, firm, or person submitting a proposal for the same
materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. Collusive
pricing is understood to be a violation of State and Federal law and can result in fines, prison sentences,
and civil damage awards.”
1.14 AUTHORIZED OFFICIAL
It is agreed that all conditions of the proposal shall be abided and that the person signing this proposal is
authorized to sign the proposal for the Offeror.
1.15 RIGHTS AND REMEDIES
The rights and remedies of FCS provided above shall not be exclusive and are in addition to any other
rights and remedies provided by law or under the contract.
END OF SECTION
2016 CBI Renovation Project RFP 417-16 00900-1
Sy Richards Architect, Inc. Addendum
SECTION 00900
ADDENDUM
GENERAL
1.1 The following sets forth the format for issued Addenda.
ADDENDUM NO. ____, dated {Month, Day, Year}.
RE: 2016 CBI Renovation Project RFP 417-16
FROM: Owner: FULTON COUNTY BOARD OF EDUCATION
CAPITAL PROGRAM CONTRACTS
6201 Powers Ferry Road N.W.
Atlanta, GA 30339
TO: ALL PROSPECTIVE OFFERORS:
This Addendum forms a part of the Contract Documents and modifies the Proposal Documents dated
{month, year}, as noted below. Acknowledge receipt of the Addendum in the space provided on
Document 00400 - Proposal Acceptance Form. Failure to do so may result in the proposal being deemed
non-responsive.
The Addendum consists of ___ pages, and the attached drawing, Sheet No. ___ with the revised date of
_________.
A. CHANGES TO PROPOSAL REQUIREMENTS TABLE OF CONTENTS {Make appropriate
changes to the number of pages for each section affected by Addendum}.
B. CHANGES TO PRIOR ADDENDUM:
1. Addendum No.__, Item No.__, Page No.__ {Provide description of the changes}
C. CHANGES TO PROPOSAL DOCUMENTS {Describe changes to the PROPOSAL Documents
starting with each document in the numerical order in which they are located on Document 00010
- Table of Contents}
D. CHANGES TO CONDITIONS OF THE CONTRACT: {All modifications to Section 00700 -
General Conditions shall be addressed in Section 00800 - Supplementary Conditions}
E. CHANGES TO SPECIFICATIONS: {Make required changes to the relevant Specifications
sections in sequence and accordance with the CSI numerical order of occurrence of the section
and the 16 Division classifications}
F. CHANGES TO DRAWINGS: {Describe changes made to Drawings indicating detail number,
sheet number, etc., all in sequence}
G. OTHER CHANGES AS SET FORTH: {Describe other changes, if any, made to the PROPOSAL
Documents not covered by Items A through F.}
Clarification or any other notice of a change in the Proposal Documents will be issued only by the Owner
Contracts Department and only in the form of a written Addendum, transmitted by fax or e-mail to all
Sandy Springs Charter Rd MS Addition RFP 417-16 00900-2
Sy Richards Architect, Inc. Addendum
SECTION 00900
ADDENDUM
who are known by the issuing office to have received a complete set of PROPOSAL Documents. Any
other purported Addenda are void and unenforceable.
END OF ADDENDUM NO. __
END OF SECTION
2016 CBI Renovation Project RFP 417-16 00950-1
Sy Richards Architect, Inc. Proposal Forms
SECTION 00950
PROPOSAL FORMS
1.1 ORIGINAL PROPOSAL FORMS FOR USE BY OFFEERORS
A. Fill out and submit the following original proposal documents in your proposal:
1. Section 00100 – Request for Proposal (Response must be provided to all requested
(Affidavit shall be signed in cursive by Offeror or an authorized representative of Offeror. Do not type or use rubber stamp.)
Dated this __________________________ day of ____________________ 20 _______
(THIS DOCUMENT CANNOT BE ALTERED, MODIFIED, OR CHANGED.)
[Failure to submit this form shall render the proposal non-responsive]
END OF DOCUMENT
FAILURE TO SUBMIT THIS FORM OR ANY MODIFICATION(S) TO THIS FORM SHALL RENDER THE
PROPOSAL NON-RESPONSIVE
EXHIBIT 5
DOCUMENT 00540
SUBLETTING AND SUBCONTRACTING SUPPLEMENTAL INFORMATION
1.01 SUBLETTING AND SUBCONTRACTING SUPPLEMENTAL INFORMATION REQUIREMENTS Offeror Name: ______________________________
A. The Owner requires the Offerors to complete and submit supplemental information within two (2) business days of the proposal due date.
B. In compliance with Owner requirements, Offeror submits the following supplemental information on the subcontractors anticipated to perform or provide
(THIS DOCUMENT CANNOT BE ALTERED, MODIFIED, OR CHANGED)
[Failure to submit this form within two (2) business days of proposal opening may render the proposal non-responsive]
END OF DOCUMENT
Update 12-19-11
EXHIBIT 6
DOCUMENT 00600 PAYMENT BOND (LABOR AND MATERIAL)
WHEREAS, FULTON COUNTY BOARD OF EDUCATION,
hereinafter called the Owner, and
hereinafter called the CONTRACTOR, have entered into a Contract
dated
for
Contract
Amount
NOW, THEREFORE, the CONTRACTOR, as Principal, and the following named Surety,
are held and firmly bound to the Owner in the amount set forth under the bond, for the payment whereof in the manner specified, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents:
PAYMENT BOND
In an amount equal to One Hundred Percent (100%) of the
above Contract Amount. The condition of this obligation is
that if the Contractor or his Subcontractors, fail to pay for
any materials, provisions, provider of other supplies, or
teams, used in, upon, for or about the performance of the
Work contracted to be done, or for any work or labor thereon
of any kind, or for amounts due under the Unemployment
Insurance with respect to such work or labor, or for any
amounts required to be deducted, withheld, and paid over
from the wages of employees of the CONTRACTOR and his
Subcontractors, with respect to such work and labor that the
surety will pay for the same, in an amount not exceeding the
sum specified above, and also, in case suit is brought upon
the bond, a reasonable attorney's fee, to be fixed by the court.
This bond is executed in accordance with the requirements of
the Georgia Local Government Public Works Construction
Law, O.C.G.A. § 36-91-1 et seq. and acts amendatory thereof;
and shall inure to the benefit of any and all persons,
companies, and corporations entitled to file claims under and
by virtue of the provisions of O.C.G.A. § 36-91-93 and acts
amendatory thereof, or to their assigns.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms
of the Contract or to the Work to be performed there under shall in anywise affect its obligations on the above bonds, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents.
Signed and sealed this day of 20
CONTRACTOR/PRINCIPAL SURETY
By
Attorney-in-Fact
By _____________________________________________ Address
Title ____________________________________________ Telephone Number
Bond Number
Owner will verify this bond by:
VERIFICATION BY FULTON COUNTY CAPITAL PROGRAM CONTRACTS
1. Verify the Surety is currently certified by the State Insurance Commissioner as an admitted Surety
Insurer and such authority is in full force and effect.
2. Verify the Surety is solvent by confirming its rating with A.M. Best.
3. Validate that the Surety Company issued this bond to the assigned company in 100 percent of the contract amount.
(THIS DOCUMENT CANNOT BE ALTERED, MODIFIED, OR CHANGED)
END OF DOCUMENT
12-11
EXHIBIT 7
DOCUMENT 00605 PERFORMANCE BOND
WHEREAS, FULTON COUNTY BOARD OF EDUCATION,
hereinafter called Owner, and ____________________________________________________________________________
hereinafter called CONTRACTOR, have entered into a Contract, which is incorporated by reference herein in its entirety,
NOW THEREFORE, CONTRACTOR, as Principal, and as Surety; are held and firmly bound to Owner in the amount set forth under the bond, for the payment whereof in the manner specified, the CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents:
PERFORMANCE BOND
In an amount equal to One Hundred Percent (100%) of the above
Contract Amount. The condition of this obligation is that if the
CONTRACTOR shall in a workmanlike manner promptly,
competently, and faithfully perform all of the terms and conditions of
the Contract in strict conformity therewith, then this obligation shall
be null and void, otherwise it shall remain in full force and effect.
The Surety, for value received, hereby stipulates and agrees that no adjustment to the Contract Amount and or Contract Times, alteration, additions and/or deletions to the terms of the Contract, or to the Work to be performed there under, shall in anyway affect its obligations on the above bond, and it does hereby waive notice of any such change, adjustment, alteration, addition or deletion to the terms of the Contract Documents.
In case any suit is brought upon this bond, reasonable attorneys’ fees shall be awarded to the prevailing party, only the amount thereof being within the Court’s discretion. Attorneys' fees awarded against the Surety can exceed the penal sum of this bond.
Signed and sealed this ______________________________ day of _______________________ 20 ______________________
CONTRACTOR SURETY By ________________________________________________ Attorney-in-Fact By _______________________________________ Address ____________________________________________ Title ______________________________________ Telephone Number ___________________________________ Bond Number ______________________________
Owner will verify this bond by:
VERIFICATION BY FULTON COUNTY CAPITAL PROGRAM CONTRACTS
1. Verify the Surety is currently certified by the State Insurance Commissioner as an admitted Surety Insurer and
such authority is in full force and effect.
2. Verify the Surety is solvent by confirming its rating with A.M. Best.
3. Validate that the Surety Company issued this bond to the assigned company in 100 percent of the contract amount.
(THIS DOCUMENT CANNOT BE ALTERED, MODIFIED, OR CHANGED)
END OF DOCUMENT
EXHIBIT 8
DOCUMENT 00620
CERTIFICATE OF INSURANCE FOR HAZARDOUS MATERIALS FOR
MATTERS NOT OTHERWISE COVERED BY THE OWNER CONTROLLED
INSURANCE PROGRAM (OCIP)
This is to certify that policies of insurance as described below have been issued to the Insured named below (CM) and are in force for the period indicated for operations in Georgia.
WORKERS’ COMPENSATION Statutory in compliance with the compensation laws of the State of
Georgia
COMPREHENSIVE GENERAL LIABILITY
Combined Single Limit
(Bodily Injury and/or Property Damage)
$1,000.000.00 each
Occurrence
AUTOMOBILE LIABILITY
(Includes all OWNED,
NONOWNED and HIRED)
$1,000,000.00 each
Occurrence
HAZARDOUS MATERIALS (Includes Asbestos Abatement)
$1,000,000.00 each Occurrence
Name of school where Work is being performed:
The Comprehensive General Liability policy includes coverage designated below:
a. Contractual Assumed Liability, relating to Contract(s) between the Named Insured and the Fulton County Board of Education
(Owner).
b. Contractors Protective (Contingency) Liability, when Subcontractors are engaged. c. Products Liability or Completed Operations.
d. Hazardous Materials (including Asbestos) when Named Insured has a Contract with the Owner that involves the removal of these
materials.
This certificate of insurance is not an insurance policy and of itself does not amend, extend or alter the coverage afforded by the policies listed
herein. Notwithstanding any conditions of any Contract(s) with respect to which this certificate is issued or may pertain, the insurance afforded
by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
THE LIABILITY POLICY(IES) REFERENCED ABOVE HAS/HAVE BEEN ENDORSED TO NAME THE Owner AS AN ADDITIONAL
INSURED AND TO PROVIDE SPECIFICALLY THAT ANY INSURANCE CARRIED BY THE DISTRICT WHICH MAY BE APPLICABLE TO ANY CLAIM OR LOSS RELATING TO CONTRACT(S) BETWEEN CONTRACTOR AND Owner SHALL BE DEEMED
EXCESS AND THE ABOVE CONTRACTOR’S INSURANCE PRIMARY DESPITE ANY CONFLICTING PROVISIONS TO THE
CONTRARY WHICH MAY HAVE APPEARED IN THE POLICY(IES) PRIOR TO EXECUTION OF SAID ENDORSEMENT.
CANCELLATION CLAUSE: THE ABOVE-NAMED CERTIFICATE HOLDER SHALL BE NOTIFIED BY MAIL AT LEAST THIRTY (30)
DAYS IN ADVANCE OF THE EFFECTIVE DATE OF CANCELLATION OR ANY MATERIAL CHANGE IN THE POLICY.
__________________________________________
Dated at: ____________________________________________, 20________ Insurance Company __________________________________________
Number and Street __________________________________________
City and State
By: (signed) _________________________________ Signature of Authorized Representative or Insurer
_________________________________________ Name (typed)
EEV/Basic Pilot Program User Identification Number Date of Authorization
If an applicable Federal work authorization program as described above is used, other than the
EEV/Basic Pilot Program, please identify the program.
Company Name / Contractor Name Date
BY: Signature of Authorized Officer or Agent Date
Title of Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
______ DAY OF_____________________, 20____
Notary Public
My Commission Expires:
EXHIBIT 11
DOCUMENT NO. 00760
SUBCONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned subcontractor verifies its compliance
with O.C.G.A. 13-10-91, and attests under oath that:
(1) the undersigned individual, firm or corporation (“Subcontractor”) is engaged in
the physical performance of services under a contract with
_________________________________ (name of contractor), which has a contract with the
Fulton County Board of Education.
(2) Subcontractor has registered with, is authorized to use, uses, and will continue
throughout the contract term to use and participate in, a federal work authorization program
[any of the electronic verification of work authorization programs operated by the United
States Department of Homeland Security or any equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L.
99-603], in accordance with the applicability provisions and deadlines established in
O.C.G.A. 13-10-91. As of the effective date of O.C.G.A. 13-10-91, the applicable federal
work authorization program is the “EEV/Basic Pilot Program” operated by the U. S.
Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security,
in conjunction with the Social Security Administration (SSA).
(3) Subcontractor’s correct user identification number and date of authorization is set
forth herein below.
(4) Subcontractor agrees that the Subcontractor will not employ or contract with any sub-
subcontractor(s) in connection with the physical performance of services pursuant to this
subcontract or the contract with the Fulton County Board of Education, unless said sub-
subcontractor:
(a) is registered with and participates in the federal work
authorization program;
(b) provides Subcontractor with a duly executed, notarized affidavit
with the same affirmations, agreements, and information as contained
herein and in such form as required under applicable law; and
(c) agrees to provide Subcontractor with notice of receipt and a copy of
every sub-subcontractor Affidavit or other permissible verification procured by
sub-subcontractor at the time the sub-subcontractor(s) is retained to perform such
service or within five (5) days after receiving the said Affidavit or verification,
whichever first occurs.
Subcontractor agrees to maintain records of such compliance and to provide notice of
receipt and a copy of each such sub-subcontractor Affidavit or other applicable verification to the
Contractor at the time the sub-subcontractor(s) is retained to perform such service or within five
(5) days after receiving the said Affidavit or verification, whichever first occurs.
EEV/Basic Pilot Program User Identification Number Date of Authorization
If an applicable Federal work authorization program as described above is used, other than the
EEV/Basic Pilot Program, please identify the program.
BY: Authorized Officer or Agent Date
_________________________________________
(Subcontractor Name)
Title of Authorized Officer or Agent of Subcontractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF _____________________, 20____
Notary Public
My Commission Expires:
EXHIBIT 12
DOCUMENT NO. 00770
SUB-SUBCONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned sub-subcontractor verifies its compliance
with O.C.G.A. § 13-10-91, and attests under oath that:
(1) The undersigned individual, firm or corporation (“Sub-subcontractor”) is engaged in the
physical performance of services under a sub-subcontract with _________________________________
(name of sub-contractor), which has a sub-contract with _________________________________ (name
of contractor), which has a contract with the Fulton County Board of Education.
(2) Sub-subcontractor has registered with, is authorized to use, uses, and will continue throughout the
contract term to use and participate in, a federal work authorization program [any of the electronic
verification of work authorization programs operated by the United States Department of Homeland
Security or any equivalent federal work authorization program operated by the United States Department
of Homeland Security to verify information of newly hired employees, pursuant to the Immigration
Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability
provisions and deadlines established in O.C.G.A. § 13-10-91. As of the effective date of O.C.G.A. §
13-10-91, the applicable federal work authorization program is the “EEV/Basic Pilot Program”
operated by the U. S. Citizenship and Immigration Services Bureau of the U.S. Department of
Homeland Security, in conjunction with the Social Security Administration (SSA).
(3) Sub-subcontractor’s correct user identification number and date of authorization is set forth
herein below.
(4) Sub-subcontractor agrees that the Sub-subcontractor will not employ or contract with any sub-
subcontractor(s) in connection with the physical performance of services pursuant to this sub-
subcontract or the contract with the Fulton County Board of Education, unless said sub-
subcontractor:
(a) is registered with and participates in the federal work authorization program;
(b) provides Sub-subcontractor with a duly executed, notarized affidavit with the same
affirmations, agreements, and information as contained herein and in such form as
required under applicable law; and
(c) agrees to provide Sub-subcontractor with notice of receipt and a copy of every sub-
subcontractor Affidavit or other permissible verification procured by sub-
subcontractor at the time the sub-subcontractor(s) is retained to perform such service
or within five (5) days after receiving the said Affidavit or verification, whichever
first occurs.
Sub-subcontractor agrees to maintain records of such compliance and to provide notice of receipt
and a copy of each such sub-subcontractor Affidavit or other applicable verification to the Sub-contractor
at the time the sub-subcontractor(s) is retained to perform such service or within five (5) days after
receiving the said Affidavit or verification, whichever first occurs.
EEV/Basic Pilot Program User Identification Number Date of Authorization
If an applicable Federal work authorization program as described above is used, other than the EEV/Basic
Pilot Program, please identify the program.
BY: Authorized Officer or Agent Date
(Sub-subcontractor Name)
Title of Authorized Officer or Agent of Subcontractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF _____________________, 20____
Notary Public
My Commission Expires:
2016 CBI Renovations RFP 417-16 01000-1
Sy Richards Architect, Inc. Abbreviations, Symbols and Acronyms
Update 3-2-09
SECTION 01000
ABBREVIATIONS, SYMBOLS AND ACRONYMS
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. List of abbreviations, symbols, and acronyms of societies, institutes, and associations
generally appearing in the Contract Documents.
1.02 RELATED SECTIONS
A. All Specification Sections, Documents, General Conditions, and Supplementary Conditions.
PART 2 - PRODUCTS (Not applicable)
PART 3 – EXECUTION
3.01 ABBREVIATIONS
ac Alternating current amp ampere BTU British thermal unit cfh Cubic feet per hour
cfm Cubic feet per minute cm Centimeter Co. Company COP Coefficient of performance Corp. Corporation d Penny
db. Decibel DB Dry bulb dc Direct current EER Energy efficiency ratio F Degrees Fahrenheit fpm Feet per minute
ft Foot or feet gph Gallons per hour gpm Gallons per minute HP Horsepower HVAC Heating, ventilating and air conditioning Hz Hertz
Inc. Incorporated KHz Kilohertz Kip thousand pounds Ksf Thousand pounds per square foot Ksi Thousand pounds per square inch Kv Kilovolt
KVA Kilovolt amperes KW Kilowatt KWH Kilowatt hour
2016 CBI Renovations RFP 417-16 01000-2
Sy Richards Architect, Inc. Abbreviations, Symbols and Acronyms
Update 3-2-09
LF Linear foot lb Pound LED Light emitting diode MBH 1000 BTUs per hour MHz Mega hertz mil Thousandth of an inch
mm Millimeter mph Miles per hour oz. Ounce PCF Pounds per cubic foot pH Acidity-alkalinity balance psf Pounds per square foot
psi Pounds per square inch psig Pounds per square inch, gage RF Radio frequency rpm Revolutions per minute SF Square foot SY Square yard
V Volt WB Wet bulb
3.02 SYMBOLS
# Number or pound ' Foot or feet " Inch(es)
% Percent 3.03 ACRONYMS
AA The Aluminum Association, Inc. AABC Associated Air Balance Council AAMA American Architectural Manufacturers Association
AASHTO American Association of State Highway and Transportation Officials AATCC American Association of Textile Chemists and Colorists ABMA American Boiler Manufacturers Association ACI American Concrete Institute ADA Americans with Disabilities Act ADAAG Americans with Disabilities Act Accessibility Guidelines
AGA American Gas Association AGCIH American Conference of Governmental Industrial Hygienists AI Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute
AITC American Institute of Timber Construction AMCA Air Movement and Control Association, Inc. ANSI American National Standards Institute APA APA – The Engineered Wood Association ARI Air-Conditioning and Refrigeration Institute ASHRAE American Society of Heating, Refrigeration and Air Conditioning engineers
ASME American Society of Mechanical Engineers
2016 CBI Renovations RFP 417-16 01000-3
Sy Richards Architect, Inc. Abbreviations, Symbols and Acronyms
Update 3-2-09
ASTM American Society for Testing and Materials ATBCB Architectural & Transportation Barriers Compliance Board AWI Architectural Woodwork Institute AWPA American Wood Preservers Association AWPI American Wood Preservers Institute AWS American Welding Society
AWWA American Water Works Association BHMA Builders Hardware Manufacturers Association BIA Brick Institute of America CFR Code of Federal Regulations
CISPI Cast Iron Soil Pipe Institute CLFMI Chain Link Fence Manufacturers Institute CRI Carpet and Rug Institute CRSI Concrete Reinforcing Steel Institute CS Commercial Standards, U.S. Department of Commerce CSI Construction Specifications Institute
CTIOA Ceramic Tile Institute of America CTI Cooling Tower Institute DHI Door and Hardware Institute EPA Environmental Protection Agency
ETL ETL Testing Laboratories FCC Federal Communication Commission FM Factory Mutual FS Federal Specifications
GA Gypsum Association GANA Glass Association of North America GPC Georgia State Plumbing Code HMMA Hollow Metal Manufacturer’s Association HPVA Hardwood Plywood & Veneer Association
IACS International Annealed Copper Standards IAMPO International Association of Plumbing and Mechanical Officials ICBO International Conference of Building Officials ICEA Insulated Cable Engineers Association IEEE Institute of Electrical & Electronic Engineers, Inc.
IES Illuminating Engineering Society IMI International Masonry Institute IRI Industrial Risk Insurers ISO International Organization for Standardization MLSFA Metal Lath/Steel Framing Association
MSS Manufacturers Standardization Society of the Valve & Fittings Industry. NAAMM National Association of Architectural Metal Manufacturers
2016 CBI Renovations RFP 417-16 01000-4
Sy Richards Architect, Inc. Abbreviations, Symbols and Acronyms
Update 3-2-09
NBFU National Board of Fire Underwriters NBS National Bureau of Standards NCMA National Concrete Masonry Association NEBB National Environmental Balancing Bureau NEMA National Electrical Manufacturers Association NEC National Electrical Code
NFPA National Fire Protection Association NFPA National Forest Products Association NIOSH National Institute for Occupational Safety and Health NIST National Institute of Standards and Technology NOFMA National Oak Flooring Manufacturers Association NPCA National Paint and Coatings Association
NPDES National Pollutant Discharge Elimination System NRCA National Roofing Contractors Association NSF National Sanitation Foundation NTMA National Terrazzo & Mosaic Association NWMA National Woodwork Manufacturers Association
OSHA Occupational Safety and Health Administration PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute PDI Plumbing and Drainage Institute PEI Porcelain Enamel Institute
PS Product Standard, U.S. Department of Commerce RFCI Resilient Floor Covering Institute SBC Standard Building Code SDEI Steel Deck Institute
SDI Steel Door Institute SFM State Fire Marshal SFPA Southern Forest Products Association SGC Standard Gas Code SIGMA Sealed Insulating Glass Manufacturers Association SJI Steel Joist Institute
SMACNA Sheet Metal and Air Conditioning Contractors National Association SSPC Steel Structures Painting Council SWI Steel Window Institute TCA Tile Council of America
UBPPA Uni-Bell PVC Pipe Association UCI Uniform Construction Index UFAS Uniform Federal Accessibility Standards UL Underwriters' Laboratories, Inc.
WDMA Window and Door Manufacturers Association
END OF SECTION
2016 CBI Renovations RFP 417-16 01005-1
Sy Richards Architect, Inc. Summary of Work
Update 11-2-13
SECTION 01005
SUMMARY OF WORK
PART 1 – GENERAL
1.01 Owner
Wherever the terms "Owner" or “Owner’s Representative” are used in the Contract Documents, it
shall mean the Fulton County Board of Education, Program Management Department. Owner is
sometimes referred to in these specifications as FCBE or FCS.
1.02 Architect
Wherever the term "Architect" appears in the contract documents it shall mean “Sy Richards
Architect, Inc.”
1.03 Construction Manager
Wherever the term “Construction Manager” appears in the contract documents it shall mean
“Contractor”.
1.04 The Services. The Construction Manager agrees to furnish the construction services set forth
herein and required for completion of the Project on a Guaranteed Maximum Price (hereinafter defined)
basis. Construction Manager represents that it is thoroughly familiar with and understands the
requirements of the Project scope, and that it is experienced in the administration and construction of
building projects of the type and scope contemplated by the Owner’s Facilities Program for the Project.
Construction Manager represents to Owner that Construction Manager has all necessary construction
education, skill, knowledge, and experience required for the Project and will maintain, at all times
during the term of this Contract, such personnel on its staff to provide the services contemplated hereby
within the time periods required hereby. In addition, Construction Manager represents that it has, and all
the subcontractors performing services under this Contract will have, all applicable licenses and
insurance required by the State of Georgia to perform such services.
1.05 Master Project Schedule / Time of the Essence. Owner has provided the Construction
Manager with a preliminary Master Project Schedule covering the construction of the Project which is
incorporated in Section 01010. This preliminary Master Project Schedule shall serve as the framework
for the subsequent development of all detailed Master Project Schedules described herein and in the
General Terms and Conditions. The Construction Manager shall at all times carry out its duties and
responsibilities as expeditiously as possible and in accordance with the Master Project Schedule, subject
to delays in the schedule not the fault of Construction Manager or its subcontractors. Time is of the
essence in the performance of this Contract. The entire work shall be fully completed and ready for final
acceptance as established in Section 01010.
1.06 Preparation/Sufficiency of Site. Construction Manager shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and local conditions, and
particularly, but without limitation, with respect to the following: (i) visit and thoroughly inspect the
Project Site and any structure(s) or other manmade features to be modified and become familiar with
local conditions affecting transportation, access, legal disposal, handling and storage of materials,
2016 CBI Renovations RFP 417-16 01005-2
Sy Richards Architect, Inc. Summary of Work
Update 11-2-13
availability and quality of labor, water and electric power, availability and condition of roads, work area,
pedestrian access, living facilities, climatic conditions and seasons, physical work site condition, topography
and ground surface conditions, nature and quantity of the surface materials to be encountered, subsurface
conditions, equipment and facilities needed preliminary to and during performance of the Work under which
the Project will be constructed and operated; (ii) familiarize itself with the survey, including the location
of all existing buildings, utilities, conditions, streets, equipment, components and other attributes having
or likely to have an impact on the Project; (iii) familiarize itself with the Owner’s layout and design
requirements, conceptual design objectives, and budget for the Project; (iv) familiarize itself with
pertinent Project dates and programming needs, including the Master Project Schedule, (v) review and
analyze all Project geotechnical, Hazardous Substances, structural, chemical, electrical, mechanical, and
construction materials tests, investigations and recommendations; and (vi) gather any other information
necessary for a thorough understanding of the Project. and all other costs associated with such
performance. If the Project involves modifications to any existing structure(s) or other man-made
feature(s) on the Project site, the Construction Manager shall also review all as- built and record
drawings, plans and specifications of which Construction Manager has been informed by Owner about
and thoroughly inspect the existing structure(s) and man-made feature(s) to identify existing
deficiencies and ascertain the specific locations of pertinent structural components. Claims by
Construction Manager resulting from Construction Manager’s failure to familiarize itself with the Site
or pertinent documents shall be deemed waived. The failure of Construction Manager to acquaint itself
with any applicable conditions shall not relieve Construction Manager from any of its responsibilities to
perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time
or compensation.
1.06.1 Construction Manager shall locate all existing roadways, railways, drainage
facilities and utility services above, upon, or under the Project site, said roadways, railways,
drainage facilities and utilities being referred to in this Contract as the “Utilities”. Construction
Manager shall contact the owners of all Utilities to determine the necessity for relocating or
temporarily interrupting any Utilities during the construction of the Project. Construction
Manager shall schedule and coordinate its Work around any such relocation or temporary service
interruption. Construction Manager shall be responsible for properly shoring, supporting and
protecting all Utilities at all times during the course of the Work.
1.06.2 If during the performance of the Work, Construction Manager or any subcontractor,
sub-subcontractor, agent, employee or anyone else for whom Construction Manager is legally
liable, causes a disruption to any Utilities service to other facilities or customers within the Project
area, Construction Manager shall take all actions necessary and required to immediately restore
such Utilities service. If Construction Manager fails to take such immediate actions Owner shall
have the right to take whatever actions it deems necessary and required to immediately restore the
disrupted services, and all costs incurred by Owner as a result thereof shall be reimbursed to
Owner by Construction Manager within five (5) business days of written demand for same from
Owner.
1.07 Construction Manager’s Organization and Staff. The Construction Manager shall establish an
organization and lines of communication required to carry out the requirements of this Contract in order to
organize and direct the complete construction of the Project. A listing of the Construction Manager’s key
staff is set forth in the GMP Proposal. All key staff shall be available for and actively participate in the
performance of the services provided under the Contract Documents unless such failure is for good cause
beyond the control of the Construction Manager. No substitution of any assigned and approved key staff
shall be made by the Construction Manager without the prior written consent of Owner in its sole discretion.
Before any such substitution is made, the Construction Manager shall submit to Owner the qualifications of
2016 CBI Renovations RFP 417-16 01005-3
Sy Richards Architect, Inc. Summary of Work
Update 11-2-13
any proposed replacement. The removal or replacement, without Owner’s consent, of any of the key staff
listed in the GMP Proposal, other than as a result of retirement, disability, death or bona fide termination of
employment, shall constitute a material breach of this Contract and Owner reserves the right to terminate the
contract and assess damages. Within thirty (30) days after execution of this Contract, the Construction
Manager shall furnish to Owner a detailed organizational chart (the "Organizational Chart") for approval by
Owner. Such chart shall reflect the same persons as set forth in the Proposal unless otherwise approved by
Owner. The Organization Chart shall identify each staff position, the anticipated start date and end date for
each identified staff person. The Construction Manager's management and field supervisory staffing shall be
in accordance with the approved Organizational Chart. All modifications to the Organizational Chart after
initial approval by Owner must be approved by Owner, such approval not to be unreasonably withheld.
Owner may require replacement of any member of the Construction Manager’s staff with or without cause,
and may require increased levels of staffing by the Construction Manager, at no increase in the Contract
Price, if necessary to achieve proper production, management, administration or superintendence, or if
otherwise necessary to maintain progress in accordance with the Project Schedule. By executing this
Contract, the Construction Manager certifies that the Construction Manager and each member of its key staff
comply with all licensing, registration and other requirements applicable to the Construction Manager and
the performance of its services hereunder pursuant to Applicable Laws. Furthermore, Owner shall have the
right to require the Construction Manager and any Subcontractor to replace any on-site personnel who it
reasonably finds objectionable, with other personnel approved by Owner.
1.08 Contract for Construction. The “Contract for Construction,” which constitutes the entire
Contract between Owner and Construction Manager, consists of: this Contract and all exhibits hereto;
the General Terms and Conditions; special conditions, if any; proposal(s) submitted by Construction
Manager and accepted by Owner, if any; the Construction Documents; any amendments or addenda
executed by the Owner and the Construction Manager hereafter; and Owner approved change order(s)
or field orders. Documents not included or expressly contemplated in this Section 1.05 do not, and shall
not, form any part of the Contract for Construction. Without limiting the generality of the foregoing,
shop drawings and other submittals from the Construction Manager or its subcontractors and suppliers
do not constitute a part of the Contract for Construction.
OWNER’S DUTIES, OBLIGATIONS, AND RESPONSIBILITIES
2.01 Project Information. Construction Manager acknowledges that Owner has provided
Construction Manager with information regarding Owner’s requirements for the Project as set forth in
the Project’s program.
2.02 Owner’s Budget. The Owner shall establish and update a budget for the Project, including the
amount allocated for construction, the Owner's other costs, and reasonable contingencies related to
these costs as appropriate.
2.03 Owner’s Representative. The Owner shall designate a representative authorized to act on the
Owner's behalf with respect to the Project.
2.04 Time for Performance. The Owner shall review and approve or take other appropriate action
on all submittals within the timeframes set forth in in this Contract.
2.05 Purpose of Owner’s Review. Owner’s review, inspection, or approval of any Work,
Applications for Payment, or other submittals shall be solely for the purpose of determining whether the
same are generally consistent with Owner’s construction program and requirements. No review,
2016 CBI Renovations RFP 417-16 01005-4
Sy Richards Architect, Inc. Summary of Work
Update 11-2-13
inspection, or approval by Owner of such Work or documents shall relieve Construction Manager of its
responsibility for the performance of its obligations under the Contract for Construction or the accuracy,
adequacy, fitness, suitability, or coordination of the Work. Approval by any governmental or other
regulatory agency or other governing body of any Work, Design Document, or Contract Documents
shall not relieve Construction Manager of responsibility for the performance of its obligations under the
Contract for Construction. Payment by Owner pursuant to the Contract for Construction shall not
constitute a waiver of any of Owner’s rights under the Contract for Construction or at law, and
Construction Manager expressly accepts the risk that defects in its performance, if any, may not be
discovered until after payment, including final payment, is made by Owner. Notwithstanding the
foregoing, prompt written notice shall be given by the Owner or Architect to the Construction Manager
if the Owner becomes aware of any fault or defect in the Project or non-conformance with the Contract
for Construction.
2.06 Status Of Owner. The Owner shall not have control or charge of construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with the
Work, nor shall the Construction Manager, for any of the foregoing purposes, be deemed the agent of
the Owner.
2.07 Owner’s Utilities. The Construction Manager shall be responsible to provide and pay for
consumption of, and connections to, utilities required for temporary service and construction.
CONSTRUCTION MANAGER’S SERVICES
3.01 The Construction Manager's Services under this Contract include General Project Services and
Construction Services.
3.02 Upon execution of this Contract and issuance of a Notice To Proceed by the Owner, the
Construction Manager shall commence performance of requested Services.
3.03 General Project Services. The Construction Manager agrees to:
3.03.1 Provide all services required to professionally complete the Work in an
expeditious and economical manner consistent with this Contract for Construction and the
best interests of the Owner.
3.03.2 Endeavor to develop, implement and maintain, in consultation with the Owner,
Architect, and the Subcontractors, a spirit of cooperation, collegiality, and open
communication among the parties so that the goals and objectives of each are clearly
understood, potential problems are resolved promptly, and, upon completion, the Project is
deemed a success by all parties.
3.03.3 Perform its services in accordance with project schedule requirements.
3.03.4 Participate in, and cooperate with, construction phase commissioning,
validation, and other quality assurance and quality control processes.
3.03.5 Complete the Work by the required date of Substantial Completion. The
Construction Manager shall submit an initial Master Project Schedule by the date set forth on
Section 01010; a final Master Project Schedule with each Guaranteed Maximum Price
proposal; and revised Master Project Schedules in accordance with the General Terms and
2016 CBI Renovations RFP 417-16 01005-5
Sy Richards Architect, Inc. Summary of Work
Update 11-2-13
Conditions. The Master Project Schedule shall complement, and shall not conflict with, the
design schedule.
3.04 Pre-Construction Services.
This section is not applicable for this contract.
3.05 Guaranteed Maximum Price Proposal
3.05.1 At the time set forth in Section 01010, which shall be prior to performance of
Construction Services, the Construction Manager shall prepare and deliver to the Owner,
with a copy to the Architect, a Guaranteed Maximum Price (“GMP”) proposal in the format
of Exhibit A. In order to expedite the project schedule, the Owner and Construction Manager
may execute multiple GMP Proposals (stages), which shall be incorporated into the contract
through an Amendment to the previous approved GMP Proposal(s). The requirements for this
method shall be identical to the requirements for the first GMP submittal/approval process.
Hard Cost of the Work shall not include any item included in the General Conditions Cost.
The Construction Manager shall, at a minimum, include in the GMP proposal the items,
information, and format identified in Exhibit A, unless directed in writing by the Owner to
modify the requirements of Exhibit A.
3.05.2 The Construction Manager acknowledges that the Construction Documents may
be incomplete at the time the Construction Manager delivers the GMP proposal, and that the
Construction Documents may not be completed until after commencement of the Work.
Nevertheless, the GMP proposal shall include all costs for the Work required by the
completed Construction Documents, and if the GMP proposal is accepted by the Owner, the
Construction Manager shall be entitled to no increase in the GMP if the Work required by the
completed Construction Documents (i) is required by the Contract For Construction, (ii) is
reasonably inferable from the incomplete documents, (iii) is consistent with the Owner’s
programmatic goals and objectives, (iv) is consistent with the Owner’s Design and
Construction Standards and the general industry standards for completion of the Work, (v) is
not a substantial enlargement of the scope of Work or (vi) substantially conforms to the
nature, type, kind or quality of Work depicted in the incomplete documents.
3.05.3 If the GMP proposal is unacceptable to the Owner, the Owner shall promptly
notify the Construction Manager in writing. Within fourteen (14) calendar days of such
notification, the Owner, Architect and Construction Manager shall meet to discuss and
resolve any differences, inconsistencies, or misunderstandings and to negotiate recommended
adjustments to the Work and/or to the GMP.
3.05.4 The Owner may, at its sole discretion and based upon its sole judgment, (i)
indicate its acceptance of a GMP proposal; (ii) reject a GMP proposal; (iii) terminate the
Project; or (iv) proceed to construct the Project using a party or parties other than the
Construction Manager.
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3.05.5 If the Owner rejects a GMP proposal, neither party shall have any further
obligation under the Contract for Construction.
3.05.6 If the Owner accepts a GMP proposal, the parties shall complete and execute
Exhibit B, and the Owner shall issue a written Notice to Proceed to the Construction
Manager establishing the date construction is to commence (the “Commencement Date”).
Construction Manager shall commence the Construction Phase Services portion of the Work
within five (5) calendar days after the Construction Phase Commencement Date. The
Construction Manager shall not expend any monies for construction prior to receipt of such
Notice to Proceed without the written approval of the Owner.
3.05.7 Price Guarantees
(i) Upon execution of Exhibit B, the Construction Manager guarantees that the
sum of (i) the actual Hard Cost of the Work, (ii) Construction Manager's
General Conditions, and (iii) Construction Manager’s Fee, shall not exceed
the amount set forth in the agreed upon GMP. All costs or expenses that
would cause this sum to exceed the GMP shall be borne by the Construction
Manager unless adjusted by Owner approved change order.
(ii) Upon execution of Exhibit B, the Construction Manager guarantees that the
actual Hard Cost of the Work, Construction Manager's General Conditions
Cost and Construction Manager’s Fee shall not exceed the guaranteed
maximum for each such category and that all costs or expenses that would
cause any of these individual categories to exceed the guaranteed maximum
for each such category in the agreed upon GMP shall be borne by the
Construction Manager unless adjusted by Owner approved change order.
(iii) Upon execution of Exhibit B, the Construction Manager certifies that all
factual unit costs supporting the GMP proposal are accurate, complete and
current at the time of negotiations; and that any other factual unit costs that
may be furnished to the Owner in the future to support any additional
amounts that may be authorized will also be accurate and complete.
Payments to the Construction Manager shall be reduced if the Owner
determines such amounts were originally included due to materially
inaccurate, incomplete, or non-current factual unit costs.
(iv) Upon execution of Exhibit B, the Construction Manager certifies that CSI
Division I - General Requirements includes only direct cost of construction
and that any indirect costs are included in the Construction Manager’s
General Conditions.
(v) Upon execution of Exhibit B, the Construction Manager guarantees that to
the extent the accepted GMP includes contingency, use of contingency shall
be approved by Owner by change order prior to expenditure by the
Construction Manager.
3.06 Construction Services
3.06.1 Trade Contractor Pre-qualification, Bidding, Negotiation and Selection.
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(i) In accordance with Owner’s policies on the subject in effect at the time
Construction Manager commences construction, the Construction Manager
shall prepare and assemble document packets for use in bidding
subcontracts.
(ii) The Construction Manager shall develop subcontractor and supplier interest
for each division of the Work. The Construction Manager shall pre-qualify
proposed subcontractors using a pre- qualification form approved by the
Owner and Architect, which shall include, at a minimum, proof of licensure
where applicable.
(iii) The Construction Manager shall schedule and conduct pre-bid conferences with
interested bidders/proposers, subcontractors, material suppliers, and equipment
suppliers, and record minutes of the conferences.
(iv) The Construction Manager shall, in accordance with Owner’s policy in
effect at the time the Construction Manager commences construction,
competitively bid each trade category or, if approved by Owner, negotiate
for the performance of a particular trade category.
(v) The Construction Manager shall use its best efforts to obtain bids which are
less than the final GMP estimates.
(vi) The Construction Manager shall provide the Owner with a copy of its
preliminary bid tabulation and copies of all bids.
(vii) The Construction Manager shall, for each subcontract, trade or bid division:
a. determine the final bid amounts, having reviewed and clarified the
scope of Work in detail with bidders to determine which bids are the
lowest bids and are complete but do not include duplicate scope
items;
b. review all trade contractor or Subcontractor bids/proposals in a manner
that does not disclose the contents of any bid/proposal to persons outside
of the Owner’s representative and Architect during the selection process.
Based on the selection criteria included in the request for proposals,
Construction Manager shall recommend to the Owner the bid/proposal
that provides the best value for the Project. Upon Owner’s concurrence
in the recommendation, Construction Manager may negotiate the terms
of the subcontract with the apparent best value bidder/proposer.
c. prepare and furnish to the Owner a final bid tabulation summary
which includes by subcontract, trade and/or bid division, the
applicable final GMP estimate and the related final bid amount and
the details of all scope clarifications for Owner’s review and
approval;
d. identify to the Owner in writing the subcontractors to which the
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Construction Manager recommends award of subcontracts; and
e. award and enter into a subcontract between itself and each
subcontractor which it has recommended in accordance with this
Contract unless otherwise notified by the Owner.
(viii) No portion of the Work may be performed by the Construction Manager or
its affiliates except with Owner’s pre-approval in accordance with Owner’s
policies on the subject in effect at the time the Construction Manager
commences construction.
(ix) The Construction Manager shall award Trade Contracts representing ninety
percent (90%) of the Hard Cost of the Work or more, within the timeframe
outlined in Section 01010.
(x) The Construction Manager shall promptly inform the Owner in writing of
any proposed replacements to the list of subcontractors and suppliers in the
final bid tabulation sheet provided to Owner, the reasons therefore, and the
name(s) and qualification(s) of proposed replacement(s). The Owner shall
have the right, in its reasonable discretion, to reject any proposed
replacement if such proposed replacement fails to meet any criteria or
requirements established for subcontractors performing such portion of, or
for, the Work.
3.06.2 Construction Supervision
(i) Commencing with the award of the first subcontract and terminating on the
date of Final Completion, the Construction Manager shall provide the
services described herein.
(ii) The Construction Manager shall, as the Owner's construction representative
during construction, advise and consult with the Owner and the Architect,
and provide administration of the Construction Documents.
(iii) The Construction Manager shall supervise and direct the Work at the Site.
The Construction Manager shall, at a minimum, staff the Project Site with
personnel who shall:
a. supervise and coordinate the Construction Manager's personnel and
act as its primary liaison with the Owner and the Architect;
b. coordinate trade contractors and suppliers, and supervise Site
construction management services;
c. be familiar with all trade divisions and trade contractors’ scopes of
Work, all applicable building codes and standards, and the Contract
for Construction;
d. check, review, coordinate and distribute shop drawings and check
and review materials delivered to the Site, regularly review the Work
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to determine its compliance with the Construction Documents and
the Contract for Construction, confer with the appropriate Owner's
consultant(s) as necessary to assure acceptable levels of quality;
e. prepare and maintain Project records, including process documents
and daily logs;
f. schedule and conduct weekly progress meetings with subcontractors
to review such matters as jobsite safety, job procedures, construction
progress, schedule, shop drawing status and other information as
necessary and provide notification of, and minutes from, such
meetings to Owner and Architect;
g. schedule and conduct, at a frequency agreed upon by the Owner,
progress meetings with the Owner and Architect to review such
matters as construction progress, schedule, shop drawing status, and
other information as necessary;
h. make provision for Project security to protect the Project site and
materials stored off-site against theft, vandalism, fire and accidents
as required by the General Terms and Conditions.
i. promptly reject any Work which does not conform to the
Construction Documents or which does not comply with any
applicable law, statute, building code, rule or regulation of any
public authority or agency of which it is aware, immediately
notifying the Architect and the Owner in writing when it has rejected
any Work;
j. comply with, and cause its subcontractors and suppliers to comply
with, the project schedule and applicable sub-schedules. The
Construction Manager shall obtain and review schedules from
subcontractors and suppliers, coordinate sub- schedules with the
project schedule, and enforce compliance with all applicable
schedules to insure timely completion of the Work. If at any time the
Project is delayed, the Construction Manager shall immediately
notify the Owner and the Architect of the probable cause(s) and
possible alternatives and make recommendations to minimize
expense and delay to the Owner; and
k. provide documentation necessary to the Architect for, and otherwise
assist the Architect with, the preparation of the final “as-built” or
record drawings.
(iv) In accordance with Owner’s Contract with the Architect working on the
Project, the Architect will visit the Project Site at intervals appropriate to
the stage of construction to familiarize itself with the progress and quality
of the Work and to inspect the Work. The Construction Manager shall
request that the Architect visit the Site at additional times as the
Construction Manager deems necessary to attend meetings, inspect the
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Work, and render interpretations regarding the Work necessary for the
proper execution of the Work. The Architect’s interpretations and decisions
shall be final regarding the Construction Documents and the Work.
3.06.3 Project Information Reporting. The Construction Manager shall provide
monthly reports summarizing the progress of the Project to the Owner, Architect, and
Owner’s user group representatives, including information on the subcontractors’ Work,
percentage of completion of the Work, current estimating, subcontract buyouts, updated
monthly Critical Path Method scheduling and Project accounting reports, including
projected time to completion and estimated cost to complete the Work, project directory,
logs for Requests for Information, submittals and shop drawings, Change Orders, cost
change proposals, field directives, safety meetings, deficiencies, weather conditions and
meeting minutes.
3.07 EXECUTIVE ORDERS
A. The Contractor, by signing the Contract, acknowledges that he is aware of and will comply
with the contents and requirements of the following Acts and Executive Orders.
1. The non-discrimination clause contained in Section 202, Executive Order 11246, as
amended by Executive Order 11375, relative to Equal Employment Opportunity for
all persons without regard to race, color, religion, sex, or national origin. The
implementing rules and regulations described by the Secretary of Labor are
incorporated.
3.08 PROTECTION OF PUBLIC FROM INJURY
A. Due to the proximity of the work to the public, the Contractor is cautioned to exercise
special care in protecting the public from injury during all phases of the work. The
Contractor is directed to provide adequate protective barriers to restrain public access to all
hazardous areas. Before commencing the Work, a safety plan shall be developed by the
Contractor. The Contractor shall make provisions for enforcing protection of property and
public including locations of barricades, construction signs, and exit signs.
B. As the development and implementation of the safety plan is the sole responsibility of the
Contractor, it shall not be reviewed by the Architect.
3.09 SPECIAL REQUIREMENTS
A. There will be no tobacco use of any type allowed on school property.
B. Attire: Proper attire shall be worn at all times.
1. Shirts shall be worn while on school property at all times. No tank tops or
Division 40 - Process Integration $ $ Division 41 - Material Processing and Handling Equip. $ $ Division 42 - Process Heating Equipment $ $
Division 43 - Process Gas/Liquid Handling/Storage Equip. $ $ Division 44 - Pollution Control Equipment $ $ Division 45 - Industry-Specific Manufacturing Equipment $ $ Division 48 - Electrical Power Generation $ $ Hard Cost of the Work Sub-Total = $ $
Contingency Total = $ $
Guaranteed Maximum Price $ $
Exhibit B
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{SAMPLE} GMP AUTHORIZATION {SAMPLE}
Pursuant to the Contract between _____________________________ (“owner”) and [Name of Construction Manager firm] (“Construction Manager”), for the construction of [number and name of project], the Owner and the Construction Manager herby execute this Authorization and further agree as asset forth below.
Optional:
Whereas, the Project is being performed in phases as permitted by the Contract for Construction; and
Whereas, Owner desires to authorize Construction Manager to commence the [___] phase of the Project.
1. Construction Managers shall commence [Optional; the ____phase] of the work within ten (10) calendar days after the date indicated on the Notice to Proceed. The date of Substantial Completion shall be: [month dd, yyy].
2. The date of final completion shall be forty-five (45) days after the date of Substantial Completion.
3. The Construction Manager’s Guaranteed Maximum Price (“GMP’) proposal dated [month dd, yyyy]
(Optional: for _____ phase] attached here to and incorporated herin, is accepted by the Owner.
4. The Construction Manager shall award Trade Contracts representing ninety percent (90%) or more of the Hard Cost of the Work within ninety (90) days of the issuance of the Notice to Proceed for Construction Services.
Item Amount Percent of Hard
Cost of the Work
Hard Cost of Work (CSI Division 1-48) $ %
Division 1 General Requirements (includes only Direct Project Cost) $ %
Division 2 - 48 $ %
Sub-Total = $ %
Construction Manager’s General Conditions Total = $ %
Construction Manager's Contingency Total = Construction Manager's Fee (Overhead & Profit) Total = $ %
Guaranteed Maximum Price $ %
For the Owner
Construction Manager
By: Name Title Date:
By: Name Title Date:
2016 CBI Renovations RFP 417-16 01010-1
Sy Richards Architect, Inc. Phasing of the Work
Update 3-2-09
SECTION 01010 PHASING OF THE WORK
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Requirements for phasing of the Work include logistics, phasing, and completion of
designated phases prior to commencement of subsequent phases.
1.02 RELATED SECTIONS
A. Section 01005: Summary of the Work
B. Section 01010: Exhibit A - Milestone Schedule
C. Section 01100: Coordination
D. Section 01300: Submittals
E. Section 01360: Construction Schedule
F. Section 01500: Construction Facilities and Temporary Controls
G. Section 01700: Contract Closeout
PART 2 - PRODUCTS (Not applicable)
PART 3 – EXECUTION
3.01 SUBMITTALS
A. CONTRACTOR shall submit a Project site logistics plans in accordance with and as
required by this Section.
3.02 LOGISTICS
A. Prior to commencement of the Work, CONTRACTOR shall prepare and submit to OR, a
detailed Project site logistic plan, in the same size and scale of the Drawings, setting forth
CONTRACTOR plan of the Work relative to the following, but not limited to items:
1. In accordance with local ordinances a truck access route to and from the Project site.
2. The identification of any overhead wire restrictions for power, street lighting, signal,
and/or cable.
3. Local sidewalk access and street closure requirements.
4. Protection of sidewalk pedestrians and vehicular traffic.
5. Project site fencing and access gate locations.
6. Construction parking.
7. Material staging and/or delivery areas.
8. Material storage areas.
9. Temporary trailer locations if required.
10. Temporary service location and proposed routing of all temporary utilities.
11. Location of temporary and/or accessible fire protection
12. Trash removal and location of dumpsters.
13. Crane locations.
14. Location of portable sanitary facilities.
15. Traffic control signage.
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16. Perimeter and site lighting.
17. Storm Water Pollution Prevention Plan – SWPPP
18. Stockpile and/or lay down areas.
B. A revised Project site logistic plan may be required by the OR for separately identified
phases of the Work as set forth in this Section.
C. Unless specifically required elsewhere in the Contract Documents, CONTRACTOR is
responsible for securing and/or obtaining all approvals of authorities having jurisdiction
relative to logistic plan activities.
3.03 PHASING OF THE WORK
A. Project will be constructed in separate Milestone increments, as identified or as described in
this Section and/or the Contract Documents. Phasing will also delineate Work to be
completed in each designated phase. Each phase may be required to be completed according
to the approved Construction Schedule prior to the commencement of the next subsequent
phase. CONTRACTOR shall incorporate and coordinate the Work of Separate Work
Contracts relative to this Project.
3.04 PHASING OF THE WORK – GENERAL
A. CONTRACTOR shall prepare the Construction Schedule in order to complete the Work and
related activities in accordance with the phasing plan. CONTRACTOR shall include all costs
to complete all Work within the Milestones and/or Contract Time.
B. OWNER will be seriously damaged by not having all Work completed within the Milestones
and/or Contract Time. It is mandatory the Work be complete within the Milestones and/or
Contract Time.
3.05 PHASING OF THE WORK – SPECIFIC
A. CONTRACTOR shall prepare the Construction Schedule, and shall complete the following,
but not limited to Milestones, within the designated phases in accordance with the following:
Refer to 01010 Exhibit “A” Milestone Schedule.
B. The Contract Time: Refer to Section 01010 Exhibit “A” Milestone Schedule.
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3.06 MILESTONE SECTION
CONTRACTOR shall commence performance of the Contract upon the date specified in the Notice to Proceed and
shall furnish sufficient forces, facilities and materials, work such hours, including extra shifts, weekend, and overtime
operations, so as to fully perform the Work in accordance with the following Milestones.
Milestone Description Schedule
Liquidated
Damages
Amount Per
Calendar
Day
No. 1 Notice of Intent to Award (NOI): Owner to
issue to Contractor the Notice of Intent to Award
one day after anticipated School Board Approval
in April 2016. After receipt of the notice,
Contractor shall submit to Owner the required
bonds and insurance within five (5) days.
April 15, 2016
(Anticipated)
No. 2 Notice to Proceed (NTP): Owner shall issue
NTP to Contractor after Contractor transmits the
required bonds and insurance in accordance with
Articles 1.27 and 2.2 of the General Conditions.
NTP will be for Construction Phase services.
April 29, 2016
(Anticipated)
No. 3 Initial Master Project Schedule: Contractor
shall transmit to the Owner a Master Project
Schedule in accordance with Section 01010,
Paragraph 3.03.5.
May 5, 2016
No. 4 Overall Substantial Completion Date:
Contractor shall achieve Substantial Completion
of the Project by having the following;
Certificate of Occupancy and the building
operational for its intended purpose. Provide the
Owner with beneficial use of all affected areas
such that they can move into the facility
concurrently with the punchlist Work. All
required Life Safety and Code inspections and
Occupancy Certificates must be obtained by
Contractor and turned over to Owner’s Rep. by
this date. For every day past this date, Contractor
shall be subject to Liquidated Damages.
August 5, 2016
$50.00
No. 5 Punch-List Completion: is defined by Owner or
their Representative and shall be verified that
each punch item has been satisfactory completed
of all outstanding punch-list items from architect.
September 23, 2016
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Milestone Description Schedule
Liquidated
Damages
Amount Per
Calendar
Day
No. 6 Close Out: Contractor shall deliver all required
Close-Out Documents and Final Payment
Application in accordance with Article 14.20 of
the General Conditions.
October 21, 2016
END OF SECTION
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2016 CBI Renovations RFP 417-16 01020-1
Sy Richards Architect, Inc. Project Forms
Update 3-2-09
SECTION 01020
PROJECT FORMS PART 1 – GENERAL
1.01 SCOPE
A. The following, but not limited to, administrative forms and documents listed in this Section
to be utilized in the administration of the Work. Upon CONTRACTOR request Owner’s
Representative may approve the use of alternate forms.
B. General Conditions, Supplementary Conditions and General Requirements shall govern the
work of this Section.
PART 2 – PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.01 FORMS
A. The following examples of forms will be made available through the Owner’s
Representative upon request as needed during completion of the Work:
1. Allowance Disbursement Authorization
2. Change Order
3. Change Order Proposal
4. Construction Directive
5. Correction Notice
6. Notice of Final Completion
7. “Or Equal” Substitution Request
8. Request for Information
9. Submittal Log
10. Substitution Request
11. Three Day Notice
12. Transmittal
13. Unconditional Waiver and Release – Final Payment
14. Unconditional Waiver and Release – Progress Payment
3.02 PROCEDURES
A. Allowance Disbursement Authorization: This form is used for the request and approval of
Contract allowances.
B. Change Order Proposal: This form is used to communicate proposed adjustments to the
Contract Amount, Milestones and/or Contract Time.
C. Change Order: This form is used to adjust the Contract Amount, Milestones and/or the
Contract Time.
D. Construction Directive: This form is used to issue a Construction Directive.
E. Correction Notice: This form is used to provide notice of defective Work.
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F. Notice of Final Completion: This form is used according to Article 14.22 of the General
Conditions.
G. “Or Equal” Substitution Request: This form is used to submit a list of proposed “or equal”
substitutions.
H. Request for Clarification: This form is to be used for clarification of the intent of the
Contract Documents.
I. Submittal Log: This form is a format for the listing of the required submittals.
J. Substitution Request: This form is used to submit proposed substitutions of materials and/or
equipment no longer manufactured and/or which cannot be acquired from existing
inventories.
K. Three Day Notice: This notice is used according to Article 15.5.12 of the General
Conditions.
L. Transmittal: This form is used for transmission of items related to the Contract.
M. Property Inventory: This form is used to record OWNER property in a space.
N. Unconditional Waiver and Release: This form is used according to Article 14.2.12.1 of the
General Conditions.
O. Unconditional Waiver and Release: This form is used according to Article 14.20.9 of the
General Conditions.
END OF SECTION
2016 CBI Renovations RFP 417-16 01025-1
Sy Richards Architect, Inc. Allowances
School Code: 0198/0291/0910/0106/4062
Update 3-2-09
SECTION 01025
ALLOWANCES PART 1 – GENERAL
1.01 SECTION INCLUDES
A. This Section specifies administrative and procedural requirements governing Contract
allowances.
1. Allowances as set forth in the Specifications are to be used as compensation for
items as set forth in this Section. The amounts listed in the schedule and/or
Specifications are to be included in the base bid and shall be listed separately in the
Schedule of Values and Application for Payment.
B. Type of allowances include the following: To Be Determined
1.02 RELATED SECTIONS
A. Section 01020: Project Forms
B. Section 01050: Schedule of Values
C. Section 01080: Application for Payment
D. Divisions 2-16: Specifications
1.03 ALLOWANCES
A. Use the allowances only as authorized for OWNER purposes and only by an approved
allowance disbursement form that indicate the amounts to be charged to the respective
allowance amount.
B. At Substantial Completion of the Work or at any time designated by the OR, credit unused
amounts remaining in the allowances to the OWNER by Change Order.
1.04 ALLOWANCE DISBURSEMENT
A. CONTRACTOR shall submit a request for allowance disbursement on an allowance
disbursement form. Include all substantiating and/or required data along with the request.
Utilize the allowance disbursement authorization form as set forth in the Project Forms
Section 01020.
B. The request shall have the requested amount listed as an allowance disbursement without
CONTRACTOR overhead and markup.
C. Once the OR has accepted the disbursement, ARCHITECT and OR will sign the allowance
disbursement form.
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School Code: 0198/0291/0910/0106/4062
Update 3-2-09
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.01 SCHEDULE OF ALLOWANCES
A. Include in the base bid the following allowances in the following amounts: Refer to
Documents 00100 and 00400 for all allowances.
END OF SECTION
2016 CBI Renovations RFP 417-16 01030-1
Sy Richards Architect, Inc. Proposal Items (Alternates)
Update 3-2-09
SECTION 01030
PROPOSAL ITEMS (ALTERNATES) PART 1 - GENERAL
1.01 SECTION INCLUDES:
A. This Section specifies administrative and procedural requirements governing bid items.
1.02 RELATED SECTIONS:
A. Section 00200: Instructions to Offerors
B. Section 00400: Offer and Acceptance Form
C. Section 01005: Summary of the Work
PART 2 - PRODUCTS (Not applicable)
PART 3 - EXECUTION
3.01 SPECIFIC:
A. A proposal item is an amount proposed by offerors and stated on the Offer and Acceptance
Form for certain Work defined in the Proposal Documents that may be added to or deducted
from the base offer amount if OWNER decides to accept a corresponding change in either
the amount of Work to be completed, the Contract Documents, or in the products, materials,
equipment, systems, or installation methods described in the Contract Documents.
1. The amount added or deducted from the base offer is the net addition to or deducted
from the base offer to incorporate offer item Work into the Work. Unless noted
otherwise, no other adjustments are made to the Contract Amount, Milestones and/or
the Contract Time.
3.02 PROCEDURES:
A. CONTRACTOR shall modify or adjust affected adjacent Work as necessary to completely
and fully integrate OWNER accepted bid item Work.
1. Include as part of each proposal offer item, miscellaneous devices, accessory
objects, and similar items incidental to or required for a complete installation
whether or not mentioned as part of the bid item.
B. Accepted proposal items are subject to the same terms and conditions as other Work of the
Contract Documents.
C. OWNER reserves the right to accept bid items for a period of sixty (60) days after proposal
submission date.
D. Schedule: A schedule of proposal items is included at the end of this Section. The Contract
Documents referenced in the schedule identify necessary requirements to complete the Work
described as specified for each bid item.
3.03 SCHEDULE OF PROPOSAL ITEMS: N/A
END OF SECTION
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2016 CBI Renovations RFP 417-16 01050-1
Sy Richards Architect, Inc. Schedule of Values
Update 3-2-09
SECTION 01050
SCHEDULE OF VALUES PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Procedure for submission of a certified Schedule of Values for review and approval by the
OR.
1.02 RELATED SECTIONS
A. Section 01020: Project Forms B. Section 01080: Application for Payment C. Section 01300: Submittals D. Section 01360: Construction Schedule
PART 2 - PRODUCTS (Not applicable)
PART 3 - EXECUTION
3.01 PREPARATION
A. Upon receipt of the Notice of Intent to Award, CONTRACTOR shall commence preparation of a certified Schedule of using AIA Form G703.
B. CONTRACTOR shall coordinate the preparation of a certified Schedule of Values with preparation of the cost loaded Detailed Construction Schedules.
C. CONTRACTOR shall breakdown the total value of Work by Milestones shown in Section
01010, Phasing of Work, Appendix A to establish the format for a certified Schedule of Values. The total value of each Milestone shall be further broken down by the individual
values of each schedule activity having duration of 1 to 14 calendar days. The total value of all schedule activities between Milestones shall be equal to the Milestone value and the total value of all Milestones shall be equal to the total cost of the Work. CONTRACTOR shall provide separate line items for labor and material when required by the OR. *Note: Breakdown in Schedule of Value
D. Include the following Project identification on a certified Schedule of Values:
1. Project name and location 2. Project Number 3. ARCHITECT name
4. CONTRACTOR name 5. Date of Submittal
E. Round amounts to the nearest whole dollar; the total shall equal the Contract Amount.
F. An approved certified Schedule of Values shall serve as the basis for the monthly certified
Application for Payment.
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3.02 SUBMITTAL
A. Within ten (10) days after the date established in the Notice to Proceed, CONTRACTOR
shall submit five (5) certified copies of a final Schedule of Values for review and approval
by the OR.
B. OR will review and if necessary, return the submitted Schedule of Values with summary
comments noting items not in compliance with the requirements of the Contract Documents.
CONTRACTOR shall revise the submitted Schedule of Values and return five (5) copies
within three (3) days of receipt of summary comments.
C. Signature by OR shall constitute acceptance of the submitted Schedule of Values.
D. After the OR agrees to the Contractor’s draft Schedule of Values, the CONTRACTOR shall
submit five (5) certified and signed copies to OR for OR signature.
E. A copy of the approved Schedule of Values will be transmitted to CONTRACTOR, and
ARCHITECT.
F. CONTRACTOR shall obtain OR approval of the Schedule of Values prior to submittal of
the certified Application for Payment.
END OF SECTION
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SECTION 01080
APPLICATION FOR PAYMENT PART 1 - GENERAL
1.01 SECTION INCLUDES:
A. Compensation guidelines for Construction Manager
B. This Section specifies administrative and procedural requirements relative to a certified
Application for Payment.
1. Coordinate the certified Schedule of Values and certified Application for Payment
with, but not limited to, the Detailed Construction Schedule, submittal log and list of
Subcontractors.
1.02 RELATED SECTIONS:
1. Section 01005: Summary of Work 2. Section 01010: Phasing of the Work 3. Section 01020: Project Forms
4. Section 01050: Schedule of Values
5. Section 01360: Construction Schedule
6. Section 01700: Contract Closeout
PART 2 - PRODUCTS (Not applicable)
PART 3 - EXECUTION
3.01 Owner shall pay to the Construction Manager in current funds for the Construction Manager’s proper
performance of the Contract and completion of the Work, the “Contract Amount” consisting of the General
Conditions Cost, as defined in paragraph 3.03.3, the Hard Cost of the Work, as defined in paragraph 3.03.1,
and the Construction Manager Fee as defined in paragraph 3.03.4. The total payments to the Construction
Manager shall not exceed the Guaranteed Maximum Price agreed to by the Parties, subject to authorized
additions and deductions as provided in the Contract Documents.
3.01.1 For Change Orders or Contract Modifications authorized by Owner pursuant to the
Contract Documents, the Contract Price shall be adjusted as provided in paragraph 3.03.9 and not
otherwise. After agreement by Owner and the Construction Manager on a guaranteed maximum
price for construction of the Work (the “GMP”) and execution of the GMP Authorization for
Construction, any increase or decrease in the Contract Price approved by Owner by execution of a
Change Order shall increase or decrease the GMP, accordingly.
3.01.2 Pre-Construction Phase Services. For all Pre-Construction Phase Services,
identified in, but not limited to, Section 01005, Construction Manager shall receive a fixed
amount as the total lump sum compensation for its services. Payment of the total lump sum
compensation shall be in arrears as computed by an equal division of the total lump compensation
based on the design phase duration defined in Section 01010. The final invoice shall not be
submitted until either (i) the GMP Authorization is executed for the entire Work, or (ii) the parties
fail to reach Contract on the GMP Authorization and Owner elects to terminate this Contract.
3.01.3 Construction Phase Services. With respect to the Construction Phase Services to
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be provided by Construction Manager hereunder, Owner shall reimburse Construction Manager
for the Hard Cost of the Work (as that term is defined hereafter), the defined Construction
Manager’s General Conditions, and a fixed Construction Management Fee for the actual Hard
Cost of the Work. The Construction Management Fee shall be Construction Manager’s total
compensation for all overhead not reimbursable as Hard Cost of the Work under paragraph
3.03.1, as well as Construction Manager’s total profit for Construction Phase Services.
Construction Manager agrees to provide Owner with a guaranteed maximum price proposal for
the total sum of the Construction Management Fee, the Hard Cost of the Work, and the
Construction Manager’s General Conditions as set forth in Section 01005, Exhibit B. Further,
the proposal shall be broken down into the categories and level of detail required by Owner.
Construction Manager agrees that all of its books, records and files, with respect to its
development of the guaranteed maximum price proposal, shall be open to Owner for review and
copying. The final guaranteed maximum price shall be mutually agreed upon by Owner and
Construction Manager and shall be set forth in the GMP Authorization. Construction Manager
guarantees that in no event shall the Construction Management Fee, the Construction Manager’s
General Conditions, and the total Hard Cost of the Work exceed the GMP, as the GMP may be
adjusted pursuant to the General Terms and Conditions for Change Orders and Construction
Change Directives. In the event Construction Manager and Owner fail to reach an Contract on
the GMP, Owner may elect to terminate this Contract.
3.02 Payment for Pre-Construction Services. The Owner agrees to pay the Construction Manager,
and the Construction Manager shall accept as complete payment for performance of Pre-Construction
Services, the fee set forth on Section 00400, payable pursuant to the schedule set forth on Section
01010. Construction Manager shall not be entitled to any increase in the Pre-Construction Phase Fee for any
costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase
Services. Any Additional Services approved in advance and in writing by Owner and performed by
Construction Manager during Pre-Construction Phase will be billed in accordance with the terms contained in
such approval; provided, however, Construction Manager agrees that any overhead and profit mark-up for
Additional Services shall not exceed ten percent (10%) of the total cost of the Additional Services performed.
3.02.1 Costs associated with the following items are specifically, but not exclusively,
included in the establishment of the Pre-Construction Phase Fee: Profit and profit sharing;
general overhead; salaries and labor; housing and relocation; estimating, scheduling and
information management systems and software; contract administration; office expenses;
printing and copying; consulting fees; legal and accounting fees; cost of money; taxes;
insurance premiums and deductibles; purchase or rental of equipment; utilities; travel; per diem;
fines or penalties; and damage awards.
3.02.2 The Pre-Construction Phase Fee shall be adjusted:
(i) Equitably if the scope of the Pre-Construction Phase Services is changed
materially.
(ii) Proportionately with any change in the Construction Cost Limitation before the
GMP Authorization. There shall be no adjustments in the Pre-Construction
Phase Fee following the GMP Authorization.
No adjustment to the Pre-Construction Phase Fee shall be effective unless and until signed by the
Parties.
3.03 Payment for Construction Services.
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3.03.1 The “Hard Cost of the Work” shall mean those costs listed in this Section and
represented in the GMP as CSI Divisions 1-48. Hard Cost of the Work shall not include any item
included in the General Conditions Costs. No indirect project costs shall be included in the Hard
Cost of the Work.
(i) Subcontract Costs. Payments made by the Construction Manager to any
Subcontractor in accordance with the requirements of an approved Subcontract.
(ii) Costs of Materials and Equipment Incorporated in the Completed Construction.
a. Costs, including transportation, of materials and equipment incorporated
or to be incorporated in the completed construction, less all discounts
and rebates.
b. Costs of materials described herein which are in excess of those actually
installed, but which are required to provide reasonable allowance for
waste and spoilage. Unused excess materials, if any, shall be delivered
to Owner at the completion of the Work or, at Owner's option, shall be
sold by the Construction Manager. Amounts realized, if any, from such
sales shall be credited to Owner as a deduction from the Hard Cost of
the Work.
(iii) Emergencies and Repairs to Damaged or Nonconforming Work. The following
costs, incurred by the Construction Manager shall become a part of the Hard
Cost of the Work:
a. in taking action to prevent threatened damage, injury or loss in case of
an emergency affecting the safety of persons and property, as provided
in the General Conditions.
b. in repairing damaged Work, provided that such damage did not result
from the fault or negligence of the Construction Manager or the
Construction Manager's personnel or any Subcontractor, and only to the
extent that the cost of such repairs is not recoverable by the
Construction Manager from others or the Construction Manager is not
compensated therefore by insurance or otherwise.
c. in correcting defective or nonconforming Work, provided that such
defective or nonconforming Work did not result from the fault or
negligence of the Construction Manager or the Construction Manager's
personnel or any Subcontractor or material supplier, and only to the
extent that the cost of correcting the defective or nonconforming Work
is not recoverable by the construction Manager from third parties or the
Construction Manager is not compensated by insurance or otherwise.
Any costs incurred by the CM which would otherwise be within the scope of
this Subsection but are excluded because such costs result from the fault or
negligence of the CM, the CM’s personnel, any Subcontractor or any other party
for whom the CM is responsible may be charged against the Construction
Contingency to the extent permitted by and in accordance with the provisions of
Paragraph 3.03.5, and any such costs incurred after the Construction
Contingency has been exhausted shall not be reimbursable as a Hard Cost of the
Work.
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(iv) Miscellaneous Hard Costs. The following costs shall be included in the Hard
Cost of the Work:
a. Subcontractor Bond premiums.
b. Royalties and license fees paid for the use of a particular design, process
or product required by the Contract Documents in accordance with the
General Conditions.
c. Other costs incurred in the performance of the Work if and to the extent
approved in advance in writing by Owner as Hard Costs of the Work.
3.03.2 The Owner shall pay, and the Construction Manager shall accept, as full and
complete payment for the Construction Services, only the sum of the following items, which
sum shall not exceed the GMP as set forth in Section 01005, Exhibit B:
(i) the Hard Cost of the Work organized by CSI (Construction Specification
Institute) format (Divisions 1-48), not to exceed the guaranteed maximum
set forth in Section 01005, Exhibit B;
(ii) the aggregate net cost of the Construction Manager’s general conditions (the
“General Conditions Cost”), not to exceed the guaranteed maximum set
forth in Section 01005, Exhibit B; and
(iii) Construction Manager’s Overhead and Profit, not to exceed the guaranteed
maximum set forth in Section 01005, Exhibit B.
3.03.3 General Conditions Cost. In consideration of the performance by the Construction
Manager of the work described in the Contract Documents Owner shall pay to the Construction
Manager, as full and complete compensation, except for allowances, to the Construction
Manager for all General Conditions costs incurred in the performance of such work an amount
equal to the payment specified in Section 00400, ("General Conditions Costs”), subject to
paragraph (ii) below. The total values for Preconstruction and Construction General Conditions
Costs set forth in Section 00400 represent the maximum amount to be paid to the Construction
Manager for all Preconstruction and Construction General Conditions Costs. The provisions in
the Contract Documents concerning the anticipated schedule for the Project and the durations of
the Preconstruction Period, and Construction Period, are not for the purpose of describing the
compensation for General Conditions Costs and do not extend or authorize any extension of the
Contract Substantial Completion date and/or the Final Completion date. The Construction
Manager may make a claim for extension of the Contract Substantial Completion date and/or the
Final Completion date only as provided in, and subject to the limitations specified in, the
Contract Documents.
(i) Either Owner, or the Construction Manager, subject to the approval of Owner,
may request that one or more specific items included in General Conditions
Costs be included in a Subcontract bid or proposal package or otherwise
separately procured. Whether included in a Trade Contractor bid package or
Subcontractor proposal or otherwise separately procured, each such item shall be
bid as an alternate and, if accepted by Owner, the cost of such item shall be
considered part of the Hard Cost of the Work, and the amount of the General
Conditions Payment due hereunder shall be reduced by the total cost of such
item.
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(ii) If the Construction Manager performs additional work of the type described in
Section 01005 under a Change Order approved by Owner, compensation, if any,
due to the Construction Manager shall be computed in accordance with Section
3.03.9, below; otherwise, Owner shall have no obligation to compensate the
Construction Manager on account of the cost of the work for any amounts
exceeding the total payments as set forth in Section 01005, Exhibit B.
3.03.4 Construction Manager’s Overhead and Profit. The Construction Manager’s
Overhead and Profit is a fixed percentage of the (i) Guaranteed Maximum Hard Cost of the
Work and (ii) Guaranteed Maximum General Conditions, as agreed upon in Section 00400
and as indicated in Section 01005, Exhibit B. Overhead and Profit covers the costs of all of
Construction Manager’s overhead and expenses related to the Work, including home or
branch office employees or consultants not at the Project Site, and general operating
expenses of the Construction Manager's principal and branch offices related to the Work
(non-field offices), such as telegrams, telephone service and long-distance and zone
telephone charges, postage, office supplies, expressage, and other similar expenses.
3.03.5 Construction Contingency. The term “Construction Contingency” shall mean the
line item included by the Construction Manager in the GMP that is available to cover the net
amount of any additional costs resulting from unforeseen conditions and events not evidenced at
the time that the Construction Manager awards a Subcontract or the parties execute the GMP
Amendment, as applicable, to the extent that such conditions or events do not result in or
constitute a change in the Work. Examples of such unforeseen conditions and events include, but
are not limited to, the following:
(i) unanticipated cost overruns on the Construction Manager’s procurement of
Subcontracts or other purchases of materials or labor costs, provided that the
same are not caused by the fault, negligence, or breach of contract of the
Construction Manager or any Subcontractor;
(ii) expediting or acceleration costs required to meet the baseline schedule, as long
as the same are not made necessary by the fault or negligence of the
Construction Manager or any Subcontractor; and
(iii) such other unforeseen events and conditions as may be specified in the Contract
Documents as chargeable to the Construction Contingency.
After execution of the GMP Authorization, if the contract price of any
subcontract as awarded is less than the amount carried for such subcontract in
the GMP breakdown, the Construction Contingency referenced in this section
shall be increased by the amount of such savings.
a. Costs authorized to be paid from the Construction Contingency by
Paragraph 3.03.5 shall be paid to the Construction Manager as Hard
Cost of the Work only if and to the extent reasonably approved by
Owner. The Construction Contingency shall be reduced by the net
amount of the additional Hard Cost of the Work resulting from the use
of the Construction Contingency as authorized by Paragraph 3.03.5. The
Construction Manager shall not receive any Construction Manager Fee
in connection with any use of the Construction Contingency.
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b. Contingency Balance. If, at the time Owner issues the Certificate of
Final Completion to the Construction Manager and there is a balance in
the Construction Contingency, it shall be retained by Owner.
3.03.6 Non-Compensable Costs. The Hard Cost of the Work shall not include any of the
items set forth below:
(i) Salaries, bonuses and other compensation of the Construction Manager's
personnel stationed at the Construction Manager's principal or branch offices.
(ii) Expenses of the Construction Manager's principal offices or other offices.
(iii) Overhead and general expenses of any kind, including but not limited to office
or fabrication shop overhead and drafting and printing costs.
(iv) The Construction Manager’s capital expenses, including interest on the
Construction Manager’s capital employed for the Work.
(v) Costs of machinery and equipment owned or rented by the Construction
Manager, except as specifically provided on Section 01005.
(vi) Costs incurred due to the fault, negligence or breach of contract of the
Construction Manager, Subcontractors, anyone directly or indirectly employed
by any of them, or for whose acts any of them may be liable, including, but not
limited to, death or injury to person or damage to property, the correction of
damaged, defective or nonconforming Work, disposal and replacement of
materials and equipment incorrectly ordered or supplied, unanticipated cost
overruns incurred by the Construction Manager in the procurement of
Subcontracts, materials or labor, and making good damage to property not
forming part of the Work, except: (i) to the extent reimbursement is received
through the recovery of insurance proceeds, or (ii) to the extent such items may
be charged to the Construction Contingency pursuant to Paragraph 3.03.5.
(vii) Cost for purchase and maintenance of tools, materials, supplies and facilities not
consumed during construction or incorporated into the Work, except as
specifically provided on Section 01005.
(viii) Penalties, fines or costs imposed by governmental authorities in connection
with, or resulting from any violation of, or noncompliance with Applicable
Laws by the Construction Manager or any Subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may
be liable.
(ix) Any legal fees incurred by the Construction Manager, unless the same are
incurred at the written direction, or with the prior written approval, of Owner.
(x) Travel or meal expenses and personnel relocation expenses, except as
specifically provided in Section 01005.
(xi) General Conditions Costs in excess of the total of all General Conditions costs
as set forth in Section 00400 and as indicated in Section 01005, Exhibit B.
(xii) Any cost incurred by the Construction Manager as a result of knowing violation
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of or failure to comply with this Contract or the other Contract Documents by
the Construction Manager.
(xiii) Costs which would cause the GMP to be exceeded.
3.03.7 Savings. Each of the following items shall be credited against the GMP, deducted
from any Application for Payment, or refunded to Owner if realized, discovered or received prior
to or after Final Payment:
(i) The savings, if any between: the GMP; and the sum of the actual Hard Cost of
the Work plus General Conditions, plus the Construction Manager Fee.
(ii) The balance remaining, if any, in the "Allowances" after the allowance items
have been selected and purchased.
(iii) 100% of any unexpended contingencies, reimbursables, other allowances and
savings resulting from any design or construction changes reducing the scope of
the Work, at any time, whether before or after Final Payment.
(iv) Any savings realized between the GMP and the buyout price for subcontracting
work, provided however, that Construction Manager may use such savings to
offset other buyout packages that exceed the amounts identified in the initial
Schedule of Values, so long as the total Hard Cost of the Work proposed in the
GMP does not increase. If, after offsetting any shortfalls, buyout savings
remain, all buyout savings shall be returned to the Owner via “no cost”
change order.
(v) Proceeds of the sale of all tools, surplus materials, construction equipment, and
temporary structures which have been charged to the Owner as part of the Hard
Cost of the Work other than by way of rental, and remaining after completion,
whether such sale is made to Owner, Construction Manager, or to some other
party; and any such sale, if made to others than Owner, shall be at fair market
price. The fair market value shall be determined by referring to the Construction
Manager's Equipment Cost Guide latest edition published by the Associated
General Contractors of America (AGC) ("Cost Guide") or
www.equipmentwatch.com, whichever rate is higher. Upon completion of the
Work or when no longer required, all tools, construction equipment and
materials purchased for the Work shall be sold and Construction Manager shall
use its best efforts to obtain the highest price in respect of such sales.
(vi) If Owner makes funds available to Construction Manager, discounts earned by
Construction Manager through advance or prompt payments. Construction
Manager shall obtain all possible trade and time discounts on bills for material
furnished, and shall pay said bills within the highest discount periods.
Construction Manager shall purchase materials for this Project in such quantities
as will provide the most advantageous prices to Owner.
(vii) Reasonable market value as approved by Owner at the time of removal of all
materials, tools, and equipment actually purchased as part of the Hard Cost of
the Work and upon completion of the work retained by Construction Manager.
(viii) Rebates, discounts, or commissions allowed to and collected by Construction
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Manager from suppliers of materials or from subcontractors, together with all
other refunds, returns, or credits received for return of materials, or, to the extent
attributable to this Project, on bond premiums, insurance and sales taxes.
(ix) Deposits made by Owner and not returned to Owner due to the fault of
Construction Manager with respect to the Project or in connection with any other
agreement between Owner and Construction Manager. Should Construction
Manager not promptly so reimburse Owner upon demand, Owner shall be entitled
to recover said amount from Construction Manager, including, but not limited to,
by deducting the amount from payments due Construction Manager.
(x) If the actual cost of any item comprising the GMP is less than the listed or
assumed cost of such item, Owner may recover the savings by reducing the
GMP and/or electing to increase the Project scope.
(xi) 100% of any savings, other than those specifically listed above, identified by
cost review or audit, at any time, whether before or after Final Payment.
3.03.8 Use of Savings. The net amount of savings may be utilized by the Owner for the
following or other reasons:
(i) Customer or designer-requested changes;
(ii) additive bid alternates and deductive credits;
(iii) design errors or omissions in the Construction Documents which were not
detected by the Construction Manager through no fault of Construction
Manager, including Work necessary to cause the Project to conform to
applicable building codes;
(iv) differing/unforeseen existing conditions, as permitted in the General Terms
and Conditions.
3.03.9 Compensation for Change Orders. Amounts owed by the Owner to the
Construction Manager shall be adjusted by duly authorized change order in accordance
herewith and the General Terms and Conditions.
(i) Increase In Hard Cost of Work. If the Hard Cost of the Work is increased by
change order, the Owner shall pay the Construction Manager the aggregate
net cost directly paid by the Construction Manager to subcontractors or
suppliers for the performance of the Work and the Construction Manager
shall receive Overhead and Profit on such amount, as a percentage as set
forth in Section 00400, and an amount for any increased bond and insurance
costs associated therewith.
(ii) Decrease in Hard Cost of Work. If the Hard Cost of the Work is decreased
by change order, payment due from the Owner to the Construction Manager
shall be reduced by the amount the Construction Manager is no longer
obligated to pay subcontractors or suppliers for performance of the Work.
Decreases in the Hard Cost of the Work shall inure to the benefit of the
Owner and shall not become part of the Construction Manager’s
Contingency.
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(iii) Change Order Disputed. If the Construction Manager disputes a change
order decision pursuant to the General Terms and Conditions, it must give
the Owner its written notice of dispute, including the reasons therefore,
within seven (7) calendar days of the disputed decision.
3.03.10 Applications for Payment for the Work. Applications for payment shall be
submitted in detail sufficient for an audit thereof in accordance with Owner’s policies and
format on the subject in effect at the time Construction Manager commences construction.
Within thirty (30) days of receipt of the Construction Manager’s application for payment,
properly prepared pursuant to Owner’s policies on the subject, the Owner shall pay the
Construction Manager the amount approved by Architect, less retainage, unless there is a
dispute about the amount of compensation due to the Construction Manager.
3.04 APPLICATION FOR PAYMENT
A. Each certified Application for Payment shall be consistent with previous applications and
payments as reviewed by ARCHITECT and/or OR, paid for by OWNER, and:
1. The initial Application for Payment, the Application for Payment at time of Substantial Completion, and the final Application for Payment involve additional requirements.
B. Payment Application Times: The period of Work covered by each Application for Payment
is the payment date for each progress payment as specified in the General Conditions. The
period covered by each Application for Payment is the previous month.
C. Payment Application Forms: Use AIA G702 Forms for the Application for Payment.
D. Calculation of Payment: The Application for Payment is tied to the CONTRACTOR’s “cost
loaded’ Detailed Construction Schedule. The OR, ARCHITECT and CONTRACTOR shall
agree on the percent complete for each scheduled activity completed during the payment
period. Each activity percent complete is multiplied times the activity “cost loaded” value to
calculate payment to the CONTRACTOR. The sum of all activity values completed during
the payment period shall be shown on the Application for Payment and paid to the
CONTRACTOR.
E. Pre-Approval Review: CONTRACTOR prepares a “draft” Application for Payment. The
OR, ARCHITECT and CONTRACTOR meet during one of their regularly scheduled
progress meetings and agree on percents of completion for activities that progressed during
the performance period. If required, the OR, ARCHITECT and CONTRACTOR shall field
verify percentages in order to reach Contract. The OR directs CONTRACTOR to make
necessary revisions prior to submittal.
F. Application Submittal: The CONTRACTOR submits Application for Payment and three (3)
signed and certified printed originals to the OR. Within 7 days of receipt of Application for
Payment, the OR must either validate or return the Application with a written statement of
rejection. A validated Application for Payment shall be signed by the ARCHITECT and OR
and processed for payment.
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G. Transmit each Application for Payment printed original with a transmittal form listing
attachments and recording appropriate information related to the application, in a manner
acceptable to OR and ARCHITECT.
H. Initial Application for Payment: Administrative actions and submittals, that must precede or
coincide with submittal for the first certified Application for Payment include, but are not
limited to, the following:
1. Certified Schedule of Values
2. Performance and payment bonds. List of principal suppliers and fabricators.
3. Worker Compensation certificates, if applicable.
4. Auto Insurance, if applicable.
5. Hazardous Material Insurance Certificates, if applicable.
6. Detailed Construction Schedule
7. Emergency Contact List
8. Copies of authorizations and licenses from governing authorities for performance of
the Work
I. Application for Payment at Substantial Completion: Following OR issuance of the certificate
of Substantial Completion, submit an Application for Payment:
1. Administrative actions, submittals and/or Work that shall precede or coincide with
this application include:
a. Occupancy permits and similar approvals by authorities having legal
jurisdiction over the Work.
b. Removal of temporary facilities and services.
c. Testing, adjusting and balance records.
d. Removal of surplus materials, rubbish, and similar elements.
e. Meter readings.
f. Start-up performance reports.
g. OWNER training and orientations.
h. Change over information related to OWNER occupancy, use, operation, and
maintenance.
i. Final cleaning.
j. Ensure that incomplete Work is not accepted and will be completed without
undue delay.
k. Advice on shifting insurance coverage.
l. List of defective Work, recognized as exceptions to certificate of Substantial
Completion.
m. Change of door locks to OWNER system.
J. Final Payment Application: Administrative actions and submittals that must precede or
coincide with submittal of the final Application for Payment include, but are not limited to,
the following:
1. Completion of Contract Closeout requirements.
2. Project record documents.
3. Completion of final punch list items.
4. Delivery of extra materials, products and or stock.
5. Identification of unsettled claims.
6. Proof that taxes, fees, and similar obligations are paid.
7. Operating and maintenance instruction manuals.
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8. Consent of surety to final payment.
9. Waivers and releases.
10. Warranties, guarantees and maintenance Contracts.
END OF SECTION
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SECTION 01100
COORDINATION PART 1 - GENERAL
1.01 SECTION INCLUDES
A. This Section specifies administrative and procedural requirements necessary for coordinating
Work operations including, but not limited to, the following:
1. General coordination procedures.
2. Coordination drawings.
1.02 RELATED SECTIONS
A. Section 01010: Phasing of the Work
B. Section 01300: Submittals
C. Section 01360: Construction Schedule
D. Section 01420: Testing and Inspection
E. Section 01700: Contract Closeout
PART 2 - PRODUCTS (Not applicable)
PART 3 - EXECUTION
3.01 COORDINATION
A. CONTRACTOR shall coordinate operations included in various sections of the Contract
Documents to assure efficient and orderly installation of each part of the Work. Coordinate
Work operations included under related sections of the Contract Documents that depend on
each other for proper installation, connection, and operation of the Work, including but not
limited to:
1. Schedule construction operations in the sequence required where installation of one
part of the Work depends on installation of other components, before or after its own
installation.
2. Coordinate installation of different components to assure maximum accessibility for
required maintenance, service, and repair.
3. Provide provisions to accommodate items scheduled for later installation.
4. Prepare and administer provisions for coordination of drawings.
B. Where necessary, prepare memoranda for distribution to each party involved, outlining
special procedures required for coordination. Include such items as required in notices,
reports, attendance at meetings, and:
1. Prepare similar memoranda for OR and Separate Work Contract where coordination
of their Work is required.
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C. Administrative Procedures: Coordinate scheduling and timing of required administrative
procedures with other construction activities to avoid conflicts and assure orderly progress of
the Work. Such administrative activities include, but are not limited to, the following:
1. Preparation of schedules.
2. Installation, relocation, and removal of temporary facilities.
3. Delivery and processing of submittals.
4. Progress meetings.
5. Project closeout activities.
D. Conservation: Coordinate Work operations to assure operations are carried out with
consideration given to conservation of energy, water, materials, and:
1. Salvage materials and equipment involved in performance of, but not actually
incorporated into the Work.
3.02 SUBMITTALS
A. Coordination Drawings: CONTRACTOR shall prepare coordination drawings for
coordination of installation of products and materials fabricated by separate entities. Prepare
coordination drawings for those areas where limited space availability necessitates
maximum utilization of space for efficient installation of different components.
B. Prepare coordination drawings in the following manner:
A. Mechanical, electrical, and plumbing Subcontractors are to first submit their
respective Shop Drawings for review in order to make any necessary changes prior
to going through the coordination process.
B. The routing process will begin with the HVAC Subcontractor who will provide a
black line mylar denoting all of the approved ductwork. HVAC Subcontractor is to
locate on mylar all ductwork and/or piping in orange pencil lines. Forward drawings
to plumbing Subcontractor.
C. Plumbing Subcontractor is to locate the plumbing lines on mylar in blue pencil lines.
Fire sprinkler Subcontractor is to locate all piping on mylar in red pencil lines and
forward drawing to electrical Subcontractor.
D. Electrical Subcontractor to indicate service and feeder conduit runs in green pencil
lines and forward to CONTRACTOR.
E. CONTRACTOR will perform the last coordination review. As each coordination
drawing is completed, CONTRACTOR will meet with ARCHITECT and OR to
review and resolve all conflicts on the coordination drawings.
F. All coordination meetings will be held in the Project field office of CONTRACTOR.
CONTRACTOR is required to distribute Shop Drawings, cut sheets and submittals
to Subcontractors where appropriate. Reviewed coordination drawings will be
maintained in the Project field office of CONTRACTOR.
END OF SECTION
2016 CBI Renovations RFP 417-16 01110-1
Sy Richards Architect, Inc. Applicable Standards
Update 3-2-09
SECTION 01110
APPLICABLE STANDARDS PART ONE - GENERAL
1.01 SCOPE
A. Throughout the Contract Documents, reference is made to codes and standards which
establish qualities and types of workmanship and materials, and which establish methods for
testing and reporting on the pertinent characteristics.
1.02 PURPOSE OF STANDARDS
A. The sole purpose of these standards is to govern the work of the Contractor on this Project.
B. The fact that any particular standard is listed in these specifications shall not be construed as
a representation that the Architect and/or Engineers have followed the standard in the design
of this work.
1.03 QUALITY ASSURANCE
A. Familiarity with pertinent codes and standards: In procuring all items used in this Work, it is
the Contractor's responsibility to verify the detailed requirements of the specifically named
codes and standards and to verify that the items procured for use in this Work meet or
exceed the specified requirements.
B. Rejection of non-complying items: The Architect reserves the right to reject items
incorporated into the Work which fail to meet the specified minimum requirement. The
Architect further reserves the right, and without prejudice to other recourse the Architect
may take, to accept non-complying items subject to an adjustment in the Contract Amount as
approved by the Architect and the Owner.
C. Where materials or workmanship are required by these Contract Documents to meet or
exceed the specifically named code or standard, it is the Contractor's responsibility to
provide materials and workmanship which meet or exceed the specifically named code or
standard.
D. It is also the Contractor's responsibility, when so required by the Contract Documents or by
written request from the Architect, to deliver to the Architect all required proof that the
materials or workmanship, or both, meet or exceed the requirements of the specifically
named code or standard. Such proof shall be in the form requested in writing by the
Architect, and generally will be required to be copies of a certified report of tests conducted
by a testing agency approved for that purpose by the Architect.
2016 CBI Renovations RFP 417-16 01110-2
Sy Richards Architect, Inc. Applicable Standards
Update 3-2-09
1.04 STANDARDS
Insofar as is applicable, the following standards shall govern the work of this Contract.
1. American Institute of Steel Construction, Inc. (AISC)
One East Wacker Drive, Suite 3100
Chicago, IL 60601-2001
2. American National Standards, Institute (ANSI)
(successor to USASI and ASA)
25 West 43rd Street, 4th Floor
New York, New York 10036
3. American Society for Testing and Materials (ASTM)
100 Barr Harbor Drive
West Conshohocken, Pennsylvania 19428-2959
4. American Welding Society, Inc.(AWS)
550 NW LeJeune Road
Miami, Florida 33126
5. Concrete Reinforcing Steel Institute (CRSI)
933 North Plum Grove Road
Schaumburg, Illinois 60173-4758
6. Commercial Standards (CS) of NBS, U.S. Dept. of
Commerce, Government Printing Office
Washington, D.C. 20402
7. Factory Mutual Global (FM)
1301 Atwood Avenue/P.O. Box 7500
Johnston, RI 02919
8. The National Association of Architectural Metal Manufactures (NAAMM)
8 South Michigan Avenue, Suite 1000
Chicago, Illinois 60603
9. National Electrical Code (NEC)
10. National Electrical Manufacturers Association (NEMA)
1300 North 17th Street, Suite 1847 Rosslyn, VA 22209
11. National Fire Protection Association (NFPA)
1 Batterymarch Park
Quincy, Massachusetts 02169-7471
12. Painting and Decorating Contractors of America (PDCA)
9380 Wehrle Drive
Clarence, NY 14031
2016 CBI Renovations RFP 417-16 01110-3
Sy Richards Architect, Inc. Applicable Standards
Update 3-2-09
13. Sheet Metal and Air Conditioning Contractors (SMACNA)
National Association, Inc.
4201 Lafayette Center Drive
Chantilly, VA 20151-1209
14. Tile Council of America, Inc. (TCA)
100 Clemson Research Blvd.
Anderson, SC 29625
15. Underwriters' Laboratories, Inc. (UL)
333 Pfingsten Road
Northbrook, Illinois 60062-2096
1.05 DEFINITIONS
A. Wherever the terms “necessary”, “suitable”, “as directed”, “when directed”, “good and
sufficient”, “approved”, or other general qualifying terms are used on the drawings, they are
deemed to be followed by the words “in the opinion of the Architect”, or “by the Architect”,
as the case may be.
B. The terms “approval”, “approved”, “approved equal”, “or equal”, or “other approved”,
means approved by the Architect.
C. “Furnish” means to supply and deliver materials to project site, ready for installation.
“Install” means to place, in final position for service or use, completely anchored and
connected. This would include doing all work necessary to make item being installed fully
operational to serve its intended purpose. “Provide” means to furnish and install complete
and ready for intended use. When neither furnish, install nor provide is stated, “provide” is
implied.
1.06 ARRANGEMENT OF SPECIFICATIONS AND DRAWINGS
The specifications and drawings are separated into numbered and titled sections for convenience of
reference. Neither the Owner nor the Architect assumes any responsibility for defining the limits on
any subcontracts on account of the arrangement of the specifications and/or drawings.
Notwithstanding the appearance of such language in the various sections of the specifications as
“The Masonry Contractor”, the Contractor is responsible to the Owner for the entire contract and the
execution of all the work referred to in the Contract Documents. Regardless of so called “trade
customs”, any work called for in any section of the Specifications or on any sheet of the drawings
must be performed (or furnished) by the Contractor.
END OF SECTION
2016 CBI Renovations RFP 417-16 01110-4
Sy Richards Architect, Inc. Applicable Standards
Update 3-2-09
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2016 CBI Renovations RFP 417-16 01120-1
Sy Richards Architect, Inc. Cutting and Patching
School Code: 0198/0291/0910/0106/4062
Update 3-2-09
SECTION NOT USED
2016 CBI Renovations RFP 417-16 01130-1
Sy Richards Architect, Inc. Field Engineering
Update 3-2-09
SECTION 01130
FIELD ENGINEERING PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Surveying requirements for the Work.
1.02 RELATED SECTIONS
A. Section 01005: Summary of the Work
B. Section 01360: Construction Schedule
C. Section 01700: Contract Closeout
PART 2 - PRODUCTS (Not applicable)
PART 3 - EXECUTION
3.01 SUBMITTALS
A. CONTRACTOR shall submit the name and address of the State of Georgia licensed
surveyor to ARCHITECT and OR including any changes as they may occur.
B. At request of ARCHITECT and OR, CONTRACTOR shall submit copies of cut sheets,
coordinate plots, data collector printouts, and other documentation as available to verify
completeness and/or accuracy of field surveying Work
3.02 LAYOUT OF THE WORK
A. CONTRACTOR shall employ a State of Georgia licensed surveyor to lay out the entire
Work, set grades, lines, levels, control points, vertical and horizontal control, elevations,
grids and positions. Before the commencement of Work, surveyor shall, in conjunction with
OWNER provided engineering survey of the Project site, locate all reference points and
benchmarks, then lay out all lines, elevations, and measurements for the entire Work
including but not limited to, buildings, grading, paving and utilities.
3.03 SURVEY REQUIREMENTS where necessary to establish grades where structures are removed.
A. Establish a minimum of two permanent horizontal and vertical control points on the Project
site, remote from the building area, referenced to data established by the survey control
points.
B. Indicate the reference points on the project record drawings with the basis of elevation being
the established benchmarks.
C. Establish lines, grades, locations and dimensions by instrumentation. From time to time,
verify the layout of all Work by the same methods.
D. Provide grade stakes and elevations to construct over excavation and re-compaction, rough
and final grades, paved areas, curbs, gutters, sidewalks, building pads, landscaped areas, and
other areas as required.
2016 CBI Renovations RFP 417-16 01130-2
Sy Richards Architect, Inc. Field Engineering
Update 3-2-09
E. Calculate and layout proposed finished elevations and intermediate control as required
providing smooth transitions between the spot elevations indicated in the Contract
Documents.
F. Provide stakes and elevations for grading, fill, and topsoil placement.
G. Provide adequate horizontal and vertical control to locate utility lines, including but not
limited to, storm, sewers, water mains, gas, electric and signal and provide vertical control in
proportion to the slope of the line as required for accurate construction. Dry utilities will be
based upon adequate horizontal and vertical control layout. Prior to trench closure, survey
and record invert and flow line elevations. Survey and record top of curb and flow line
elevations on finished concrete or AC surfaces at key locations such as BC’s, EC’s, grade
breaks, corners or angle points in sufficient number to demonstrate the Work complies with
the intent of the Contract Documents.
H. Provide horizontal and vertical control for batter boards for drainage, utility, and other on-
site structures as required.
I. Submit a certification signed by the surveyor confirming the elevations and locations of
improvements are in conformance with the Contract Documents. The statement shall include
survey notes for the finish floor and building pad, showing the actual measured elevations on
the completed sub-grade, recorded to the nearest 0.01’. Building pad tolerance will be +-
0.10’.
J. Contractor is not to assume that there will be adequate fill material on site, and may be
required to provide fill dirt as needed to bring the site to a level grade.
3.04 RECORD DRAWINGS
A. Upon Substantial Completion, CONTRACTOR shall obtain and pay for reproducible
transparencies of the as built survey drawings. Deliver to OR, final “record” drawings of the
original drawings and completed Work within specified tolerances.
B. Record drawings shall indicate locations by coordinate of all utilities onsite with top of pipe
elevations at major grade and alignment changes, rim grate or top-of-curb and flow line
elevations of all drainage structures and manholes.
C. Completed record drawing transparencies shall be signed and certified as correct and within
specified tolerances by the licensed surveyor.
D. Attention is called to other sections of the Contract Documents requiring verification or
measurements of installed Work by survey. Surveyor shall perform and certify all such surveys
or verification is completed in accordance with the Contract Documents.
END OF SECTION
2016 CBI Renovations RFP 417-16 01160-1
Sy Richards Architect, Inc. Request for Information
Update 3-2-09
SECTION 01160 REQUEST FOR INFORMATION
PART ONE - GENERAL
1.01 SCOPE
A. Procedure for requesting clarification of the intent of the Contract Documents.
B. General Conditions, Supplementary Conditions and General Requirements shall govern the
work of this Section. 1.02 RELATED SECTIONS
A. Section 01005: Summary of the Work B. Section 01020: Project Forms
C. Section 01700: Contract Closeout
PART TWO - PRODUCTS (Not applicable)
PART THREE- EXECUTION
3.01 PROCEDURE
A. CONTRACTOR shall prepare a Request for Information on the form provided in Section
01020. CONTRACTOR shall transmit the Request for Information to the OWNER’S REPRESENTATIVE.
B. ARCHITECT’s response is a clarification of the intent of the Contract Documents and does
not authorize changes in the Contract Amount, Milestones and/or Contract Time. ARCHITECT responses shall be routed through the OWNER’S REPRESENTATIVE for
approval before being released to the CONTRACTOR. C. A Request for Information may be returned with the notation "Not Reviewed” if:
1. The requested information is not ambiguous or unclear; 2. The requested information is equally available to the requesting party by researching
and/or examining the Contract Documents; 3. CONTRACTOR has not reviewed the Request for Information prior to submittal.
D. Allow a minimum of nine (9) days for review and response time, after receipt by
ARCHITECT and OWNER’S REPRESENTATIVE. CONTRACTOR shall verify and is responsible in verifying ARCHITECT and OWNERS REPRESENTATIVE receipt of a
Request for Information.
E. Changes or alterations to the approved drawings or specifications shall be made by means of
addenda or change order.
END OF SECTION
2016 CBI Renovations RFP 417-16 01160-2
Sy Richards Architect, Inc. Request for Information
Update 3-2-09
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2016 CBI Renovations RFP 417-16 01200-1
Sy Richards Architect, Inc. Project Meetings
Update 3-2-09
SECTION 01200
PROJECT MEETINGS PART 1 – GENERAL
1.01 SCOPE
A. This Section specifies administrative and procedural requirements for Project meetings, including but not limited to, the following:
1. Job start meeting
2. Progress meetings
3. Meetings as required by the OWNER’S REPRESENTATIVE.
B. General Conditions, Supplementary Conditions and General Requirements shall govern the work of this Section.
1.02 RELATED SECTIONS
A. Section 01020 Project Forms B. Section 01300 Submittals C. Section 01360 Construction Schedule
PART 2 – PRODUCTS (Not applicable)
PART 3 – EXECUTION
3.01 JOB START MEETING
A. The OWNER’S REPRESENTATIVE will schedule a job start meeting before starting the Work, at a time and date determined by OWNER’S REPRESENTATIVE. Meeting shall be held at the Project site or another location as determined by OWNER’S REPRESENTATIVE. Meeting will be held in order to review responsibilities, procedures, and other administrative requirements contained within the Contract Documents.
B. Authorized representatives of OWNER, ARCHITECT, CONTRACTOR and the SCHOOL (Kitchen Manager, Principal, Custodian). All participants at the meeting shall be familiar with the Project and authorized to conclude matters relating to the Work.
C. Agenda items shall include significant items which could affect progress of the Work, including, but not limited to the following:
1. Preliminary Construction Schedule
2. Critical work sequencing
3. Designation of responsible personnel
4. Identification of OWNER’S REPRESENTATIVE
5. Procedures for processing field decisions
6. Request for Proposal
7. Construction Directive and Change Order
8. Procedures for processing Applications for Payment
9. Submittal of Shop Drawings, Product Data, material lists, and Samples
10. Preparation of project record documents
2016 CBI Renovations RFP 417-16 01200-2
Sy Richards Architect, Inc. Project Meetings
Update 3-2-09
11. Use of the Project site and/or premises
12. Parking availability
13. Office, work, and storage areas
14. Equipment deliveries and priorities
15. Safety procedures
16. First Aid
17. Security
18. Housekeeping
19. Working hours
20. Contract Compliance Officer
21. Insurance Services
22. Environmental Health & Safety
D. ARCHITECT shall prepare and issue meeting minutes to attendees and interested parties no
later than five (5) calendar days after the meeting date.
3.02 PROGRESS MEETINGS
A. ARCHITECT or OWNER’s REPRESENTATIVE shall conduct progress meetings will at
the Project site at intervals as deemed necessary by the OWNER’S REPRESENTATIVE.
B. In addition to representatives of the CONTRACTOR, OWNER, and ARCHITECT, each
Subcontractor, supplier, or other entity concerned with current progress or involved in
planning, coordination, or performance of the work shall, if requested by OR, be represented
at these meetings. All participants shall be familiar with the project and authorized to
conclude all matters relating to the work.
C. Failure of the contractor to be represented at any progress meeting which is held at a
mutually agreed time or for which a written notice is given, shall not relieve the
CONTRACTOR from abiding by any and all OR and/or ARCHITECT determinations or
directives issued at such meeting.
D. OR will review and correct or approve ARCHITECT’S minutes of the progress meeting and
will review other significant items affecting progress.
E. No later than three (3) calendar days after each progress meeting the ARCHITECT will
prepare and distribute meeting minutes to all required parties after approval from OR.
Include a brief summary, in narrative form, of progress, decisions, directives, actions taken
and all other issues since the previous meeting and report.
1. Schedule Update: If required, CONTRACTOR shall revise the Construction
Schedule after each progress meeting where revisions to the schedule have been
made or recognized. Issue the revised schedule concurrently with the next regularly
scheduled progress meeting.
END OF SECTION
2016 CBI Renovations RFP 417-16 01300-1
Sy Richards Architect, Inc. Submittals
Update 3-2-09
SECTION 01300
SUBMITTALS PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Administrative and procedural requirements for submittals required for the Work, including
but not limited to; Shop Drawings, Product Data, Samples, material lists, and quality control
items as required by the Contract Documents.
B. Wherever possible, throughout the Contract Documents, the minimum acceptable quality of
workmanship and products has been defined by the name and catalog number of a
manufacturer and by reference of recognized industry standards.
C. To ensure that specified products are furnished and installed in accordance with the design
intent, procedures have been established for submittal of design data and for its review by
ARCHITECT, OR and/or others.
1.02 RELATED SECTIONS
A. Section 01010: Phasing of the Work
B. Section 01020: Project Forms
C. Section 01050: Schedule of Values
D. Section 01080: Application for Payment
E. Section 01100: Coordination
F. Section 01120: Cutting and Patching
G. Section 01130: Field Engineering
H. Section 01330: Storm Water Pollution Prevention
I. Section 01360: Construction Schedule
J. Section 01420: Testing and Inspection
K. Section 01450: Test and Balance
L. Section 01500: Construction Facilities and Temporary Controls
M. Section 01640: Substitutions
N. Section 01700: Contract Closeout
O. Section 01740: Warranties
PART 2 – PRODUCTS (Not applicable)
PART 3 - EXECUTION
3.01 PROCEDURES
A. CONTRACTOR shall package each submittal appropriately for transmittal and handling.
CONTRACTOR shall transmit each submittal to ARCHITECT with concurrent copy of the
transmittal to the OR. ARCHITECT and/or OR will not accept submittals received from
sources other than from CONTRACTOR.
B. After ARCHITECT review, ARCHITECT will transmit submittals to OR and OR shall
further distribute to CONTRACTOR, OR and/or others as required. Work shall not
commence, unless otherwise approved by OR, until approved submittals are transmitted to
CONTRACTOR.
2016 CBI Renovations RFP 417-16 01300-2
Sy Richards Architect, Inc. Submittals
Update 3-2-09
C. CONTRACTOR shall clearly identify any deviations from the Contract Documents on each
submittal. Any deviation not so noted even though stamped reviewed is not acceptable.
D. CONTRACTOR shall coordinate each submittal with fabrication, purchasing, testing,
delivery, other submittals, and related activities requiring sequential activity.
E. Timing of Submittals:
1. In accordance with General Conditions, CONTRACTOR shall submit to
ARCHITECT, with copy of transmittal to the OR, those Shop Drawings and Product
Data, diagrams, materials lists, Samples and other submittals required by the Contract
Documents.
2. The schedule of submittals shall provide adequate time between submittals in order to
allow for proper review without negative impact to the Construction Schedule.
3. Schedule of submittals shall be related to Work progress, and shall be so organized as
to allow sufficient time for transmitting, reviewing, corrections, resubmission, and re-
reviewing.
4. CONTRACTOR shall coordinate submittal of related items and ARCHITECT
reserves the right to withhold action on a submittal requiring coordination with other
submittals until all related submittals are received by ARCHITECT.
5. CONTRACTOR shall revise, update and submit submittal schedule to ARCHITECT
and OR on the first of each month, or as required by OR.
6. CONTRACTOR shall allow in the Detailed Construction Schedule, at least seven (7)
days for ARCHITECT review following ARCHITECT receipt of submittal. For
mechanical, plumbing, electrical, and other submittals requiring joint review with OR,
CONTRACTOR shall allow a minimum of seven (7) days following ARCHITECT
receipt of submittal.
7. No adjustments to the Contract Time and/or Milestones will be authorized because
of a failure to transmit submittals to ARCHITECT sufficiently in advance of the
Work to permit review and processing.
8. In case of product substitution, Shop Drawing preparation shall not commence until
such time ARCHITECT and OR reviews said submittal relative to the General
Conditions.
F. If required, resubmit submittals in a timely manner. Resubmit as specified for initial
submittal but identify as such. Review times for re-submitted items shall be as per the time
frames for initial submittal review.
G. Shop Drawing preparation shall not commence until such time as CONTRACTOR receives
Product Data approval.
H. ARCHITECT, or authorized agent, will stamp each submittal with a uniform, action stamp.
ARCHITECT, or authorized agent, will mark the stamp appropriately to indicate the action
taken, as follows:
2016 CBI Renovations RFP 417-16 01300-3
Sy Richards Architect, Inc. Submittals
Update 3-2-09
1. Final Unrestricted Release: When ARCHITECT, or authorized agent, marks a
submittal “ Reviewed, “ the Work covered by the submittal may proceed provided it
complies with requirements of the Contract Documents. Final payment depends on
that compliance.
2. Final-But-Restricted Release: When ARCHITECT, or authorized agent, marks a
submittal “Reviewed as Noted,“ the Work covered by the submittal may proceed
provided it complies with notations or corrections on the submittal and requirements
of the Contract Documents. Final payment depends on that compliance.
3. Returned for Re-submittal: When ARCHITECT, or authorized agent, marks a
submittal “Rejected, Revise and Resubmit,” do not proceed with Work covered by the
submittal, including purchasing, fabrication, delivery, or other activity. Revise or
prepare a new submittal according to the notations; resubmit without delay. Repeat as
necessary to obtain different action mark. In case of multiple submittals covering same
items of Work, CONTRACTOR is responsible for any time delays, schedule
disruptions, out of sequence Work, or additional costs due to multiple submissions of
the same submittal item. Do not use, or allow others to use, submittals marked
“Rejected, Revise and Resubmit” at the Project site or elsewhere where Work is in
progress.
4. Other Action: Where a submittal is for information or record purposes or special
processing or other activity, the ARCHITECT, or authorized agent, will return the
submittal marked “Action Not Required.”
3.02 SHOP DRAWINGS
A. Shop Drawings are original drawings prepared by CONTRACTOR, Subcontractor, supplier,
or distributor illustrating some portion of Work by showing fabrication, layout, setting, or
erection details. Do not reproduce Contract Documents or copy standard information as the
basis of Shop Drawings.
B. Produce Shop Drawings to an accurate scale that is large enough to indicate all pertinent
features and methods. Except for templates, patterns, and similar full-size drawings, produce
Shop Drawings on sheets at least 8-1/2 x 11 inches but no larger than 24 x 36 inches, scan,
and transmit for review to the ARCHITECT within the OWNER’s document management
software. The goal is to import all project shop drawings into electronic format to facilitate
the review work flow. CONTRACTOR shall provide equipment for scanning and printing
approval documents for field use.
C. Shop Drawings shall include fabrication and installation drawings, setting diagrams,
schedules, patterns, templates, and similar drawings. Include the following information:
1. Dimensions.
2. Identification of products and materials included by sheet and detail number.
3. Compliance with specified standards.
4. Notation of coordination requirements.
5. Notation of dimensions established by field measurement.
D. Provide a space of approximately 4 by 5 inches on the label or beside the title block on Shop
Drawings to record CONTRACTOR and ARCHITECT review, and the action taken. Include
the following information on the label for processing and recording action taken:
2016 CBI Renovations RFP 417-16 01300-4
Sy Richards Architect, Inc. Submittals
Update 3-2-09
1. Project name.
2. Date.
3. Name and address of ARCHITECT.
4. Name and address of CONTRACTOR.
5. Name and address of Subcontractor.
6. Name and address of supplier.
7. Name and address of manufacturer.
8. Name and title of appropriate Specification section.
9. Drawing number and detail references, as appropriate.
E. Unless otherwise agreed to by OWNER, submit all Shop Drawings “FOR APPROVAL” in
electronic format until the review process in completed. Once approved, CONTRACTOR
shall then transmit it back to the appropriate supplier or subcontractor to incorporate
comment, if any and create “ISSUED FOR CONSTRUCTION” sets. Two sets of “ISSUED
FOR CONSTRUCTION” Shop Drawings (or REVIEWED PRODUCT DATA) shall be
maintained onsite by CONTRACTOR for review and field use.
3.03 PRODUCT DATA
A. Collect Product Data into a single submittal for each element of Work or system. Product
Data includes printed information, such as manufacturer’s installation instructions, catalog
cuts, standard color charts, roughing-in diagrams and templates, wiring diagrams, schedules,
illustrations, or performance curves.
1. Mark each copy to show or delineate pertinent materials, products, models, applicable
choices, or options. Where Product Data includes information on several products that
are not required, clearly mark copies to indicate the applicable information. Include
the following information:
a. Manufacturer’s printed recommendations.
b. Compliance with trade association standards.
c. Compliance with recognized testing agency standards.
d. Application of testing agency labels and seals.
e. Notation of dimensions verified by field measurement.
f. Notation of coordination requirements.
g. Notation of dimensions and required clearances.
h. Indicate performance characteristics and capacities.
i. Indicate wiring diagrams and controls.
2. Do not submit Product Data until compliance with requirements of the Contract
Documents has been confirmed.
3. Once properly reviewed and marked, scan, import into the OWNER’s document
management system, and transmit to ARCHITECT for review electronically.
B. Required Copies and Distribution: Same as denoted in sub - section 3.02, E.
3.04 SAMPLES
A. Procedure:
1. Submit Samples of sufficient size, quantity, cured and finished and physically
identical to the proposed product or material. Samples include partial or full sections
2016 CBI Renovations RFP 417-16 01300-5
Sy Richards Architect, Inc. Submittals
Update 3-2-09
or range of manufactured or fabricated components, cuts or containers of materials,
color range sets, and swatches denoting color, texture, and/or pattern.
a. Mount or display Samples in the manner to facilitate review of qualities
indicated. Include the following:
i. Specification section number and reference.
ii. Generic description of the Sample.
iii. Sampling source.
iv. Product name or name of manufacturer.
v. Compliance with recognized standards.
vi. Availability and delivery time.
2. Submit Samples for review of size, kind, color, pattern, and texture. Submit Samples
for a final check of these characteristics with other elements and a comparison of these
characteristics between the final submittal and the actual component as delivered and
installed.
a. Where variations in color, pattern, texture, or other characteristic is inherent in
the material or product represented, submit at least three (3) multiple units that
show the approximate limits of the variations.
b. Refer to other Specification sections for requirements for Samples that