construction manager’s manual

CONSTRUCTION

MANAGER’S MANUAL

Project: Spring Hill Early Childhood Center

Issue Date: 4/8/2019

2

Construction Manager’s Manual – SPRING HILL EARLY CHILDHOOD CENTER

TABLE OF CONTENTS Table of Contents .................................................................................................................................................. 2

1.00 Invitation to Bid ............................................................................................................................................ 4

.01 Project Information ..................................................................................................................................... 4

.02 Bidding Procedure....................................................................................................................................... 4

.03 Prebid Meeting ........................................................................................................................................... 6

.04 Project Team Information ........................................................................................................................... 6

.05 Site Specific Safety Plan .............................................................................................................................. 7

2.00 Bidding Instructions and Supplemental Information .................................................................................. 19

.01 Instructions to Bidders .............................................................................................................................. 19

.02 Declaration Regarding Prohibition of Sex Offenders and Convicted Felons on School Premises ............ 25

3.00 Bid Packages and Bid Forms ....................................................................................................................... 26

.01 General Scope Requirements ................................................................................................................... 26

.02 Bid Form .................................................................................................................................................... 27

01.0 Testing and Inspections .......................................................................................................................... 30

02.0 Demolition .............................................................................................................................................. 31

03.0 Concrete .................................................................................................................................................. 33

06.2 Millwork and Carpentry .......................................................................................................................... 35

09.0 General Trades ........................................................................................................................................ 37

09.2 Tile and Commercial Flooring ................................................................................................................. 39

09.3 Epoxy Flooring ......................................................................................................................................... 41

09.4 Painting and Wallcovering ...................................................................................................................... 42

10.0 Doors, Frames, Hardware and Specialties .............................................................................................. 44

10.2 Visual Display Surfaces (Supply) ............................................................................................................. 46

10.3 Signage (Supply and Install) .................................................................................................................... 47

10.4 Misc. Accessories (Supply) ...................................................................................................................... 48

11.1 Playground Equipment ........................................................................................................................... 50

22.1 Plumbing ................................................................................................................................................. 51

23.1 Heating, Ventilation, Air Conditioning .................................................................................................... 53

26.1 Electrical, Communication and Electronic Safety ................................................................................... 55

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

3


31.1 Earthwork and Storm Drainage .............................................................................................................. 57

32.1 Asphalt Paving ......................................................................................................................................... 59

32.3 Turf .......................................................................................................................................................... 60

32.5 Fencing .................................................................................................................................................... 61

32.7 Landscaping and Irrigation ...................................................................................................................... 62

4.00 Schedule ...................................................................................................................................................... 64

5.00 Other Forms ................................................................................................................................................ 65

.01 Insurance Requirements ........................................................................................................................... 65

.02 Example Contracts, Forms, and Other Documents ................................................................................... 66

.04 Nothing Hits the Floor ............................................................................................................................... 67

Not Applicable

Not Applicable

Not Applicable

Not Applicable

4


1.00 INVITATION TO BID On behalf of the Spring Hill Unified School District 230, Nabholz Construction is accepting specialty contractor

and supplier proposals for the below referenced project. All proposals or bids received shall be submitted in

accordance with the requirements of the Construction Manager’s Manual (the “CM Manual”). Plans and

bidding documents will be available via internet link, or at various reprographic locations. Bidders should

contact Nabholz for access to bidding documents.

Bid Packages will be due at the time and date listed below. Additional instructions and details pertaining to

bid submission are listed herein.

.01 Project Information Project Name: Spring Hill

Nabholz Job Number: 08-19-3070

Jobsite Address: 301 E. South St. Spring Hill, KS 66083

Job Description: 21,000 sqft. Renovation converting (12) middle school

classrooms into Early Childhood classrooms. Exterior play

ground parking and bus loop as an alternate

LEED Certification: N/A

Approximate Construction Start: June 2019

Approximate Construction Finish: Early November 2019

Are BIM/VDC Practices Required? No

Is this a “Nothing Hits the Floor” Project? Yes

Is this a CCIP Project? (Contractor

Controlled Insurance Program)

No

Is this an OCIP Project? (Owner

Controlled Insurance Program)

No

Is this job prevailing wage? No

Is this job taxable? No

.02 Bidding Procedure Bid Date: 5/2/2019

Bid Time: 2:00 PM

Bid Submission Procedure: Bids submitted in a sealed envelope delivered to the Hilltop Education

Center must include the following information on the front of the

envelope. Bids cannot be mailed to Hilltop

NABHOLZ CONSTRUCTION CORPORATION

Bid Proposal For: Spring Hill Early Childhood Center

Bid Package: Bid Package Number – Description

Bids emailed to [email protected] or

[email protected] ; or submitted via the building

connected website must be submitted 24 hours in advance.

Private or Public Opening: Public Opening

Bid Bond Required: Bid bond of 5% is required for all scopes.

6/11/19

Bids submitted in a sealed envelope delivered to the NabholzConstruction Office must include the following information on thefront of the envelope.

5


Bid Opening Location: Hilltop Education Center 16740 W 175th Street, Olathe, KS 66062

RFI/Bid Question Deadline: 2:00 PM on 4/25/2019

RFI/Bid Question Process: Bidders shall submit questions in writing (email is preferred) by the

established deadline. Questions should reference specific details, plan

sheets, specifications, or bid manual sections.

Nabholz Construction 17300 W. 116th St. Lenexa, KS 662196/4/19

6


.03 Prebid Meeting Prebid Meeting Date: 4/18/2019

Prebid Meeting Time: 4:00 PM

Prebid Meeting Location: 301 E. South Street Spring Hill, KS 66083

Is the Prebid Mandatory? Attendance is not mandatory but is strongly encouraged and will be

considered in final evaluation of proposals.

.04 Project Team Information Nabholz Office: 17300 W 116th Street, Lenexa, KS 66219

Nabholz Project Manager: Chris Isern, 913.393.6539, [email protected]

Nabholz Superintendent: Dustin Taylor, 913.747.8039, [email protected]

Nabholz Estimator(s): Daniel Dercher, 913.393.6544, [email protected]

Architect: DLR Group

Architect Contact: Dana Schwartz

Architect Address: 7290 W 133rd Street, Overland Park, KS 66213

7


.05 Site Specific Safety Plan PROCEDURE

1. Division Safety Director / Project General Superintendent and/or Project Superintendent to establish

Site Specific Incident Prevention Plan.

2. Plan to be reviewed by Project Manager and Project Superintendent to add any items necessary.

3. Division Safety Director / Project General Superintendent to review and approve any changes.

4. Project Manager is to distribute and review with all Specialty contractors at pre construction

conference.

5. All Specialty Contractors are to sign and return to the Project Manager the last page of the plan to

acknowledge compliance.

6. A copy of the plan is to be kept posted in the job trailer at all times for review and reference.

At the completion of the project the plan is to be reviewed for necessary improvements.

General Safety Rules

The following project work rules will be adhered to and include all personnel, all contract partners

(subcontractors/vendors), and visitors entering the site. Each of the requirements noted shall be considered

mandatory for the project, and may only be modified with the approval of the Nabholz Safety Practice

Roundtable Team. (SPRT)

The General Safety Rules (GSR) is intended to promote awareness of safety on the project site. This

document is provided for informational purposes only, and is not intended to encompass all potential safety

concerns inherent in the prosecution of the work. The requirements of this document shall be the minimum

requirements utilized by Nabholz employees, sub-subcontractors, vendors or visitors.

1. HOUSEKEEPING, SANITATION and GENERAL WORK RULES

A. Violation of any GSR or site rule/regulation will be cause for disciplinary action. Sub-contractors, vendors

and visitors will be subject to removal from the project.

B. If you have any questions about the safety aspects of your job or your responsibilities, contact your

supervisor or the Nabholz project superintendent. Remember, only perform tasks in which you have been

trained and authorized.

8


C. Daily housekeeping is the responsibility of each employee on site. Work areas are to be kept clean and

uncluttered. Debris disposal is to occur at the end of each day. Protruding nails, screws, staples, etc… are to

be removed immediately.

D. Drugs and alcohol are prohibited on the project as per Nabholz Drugfree Workplace Policy. Weapons are

prohibited on the jobsite and all project parking areas.

E. Report all unsafe acts and conditions to your supervisor immediately. Horseplay, fighting, or running is

prohibited while on the project site. All persons involved in such activities will be subject to disciplinary action

up to and including removal from site.

F. Blocking, blinding and locking out of equipment and process type lines shall be supervised and performed

per the client/owners written procedures.

G. The Nabholz Project Superintendent shall be consulted before entry into any confined spaces or potential

confined spaces. Sub-contractor shall supply a confined space entry program to Nabholz for review.

H. Manual Lifting: If the object to be lifted weights more than what you feel that you are physically capable

of lifting, then you should get help or a piece of lifting equipment to move the object. Special lifting

precautions should be taken when lifting odd shaped materials or equipment.

I. Adequate access to potable drinking water must be provided to all personnel. Single-use cups must be

provided and maintained in sanitary condition prior to use. A trash receptacle for cups shall be provided at all

drinking water locations. Use of common drinking cups is prohibited.

2. SAFETY MEETINGS, TRAINING and DOCUMENTATION

A. Prior to the start of work on the project, a site representative from each sub-contractor will attend a

project safety orientation to review their practices that will be required for the project. Upon completion, the

site representative will review these practices with their personnel and provide signed documentation

verifying their attendance.

B. A current copy of the sub-contractors site specific/corporate safety plan will be maintained on site. This

document shall be submitted to the Nabholz project superintendent prior to the start of work and

maintained on site. Sub-contractor safety representative must perform routine and frequent safety audits

of their work.

C. The sub-contractor shall ensure their project supervision is knowledgeable and competent in all safety

aspects of their work. This competent person is to be on site at all times while their work is in progress.

Identification of competent persons shall be forwarded to the Nabholz field office.

D. Site-specific Haz-Com manuals will be maintained in the Nabholz field office. Sub-contractors shall provide

and be responsible for maintaining their own manuals in the Nabholz field office. These Haz-Com manuals

will be available to all site employees for review. All chemical containers shall be labeled in accordance with

all OSHA requirements.

9


E. Each sub-contractor will conduct weekly toolbox safety meetings. Copies of these meetings and

attendance sheets will be forwarded to the Nabholz field office within twenty-four hours of the meeting

date. Training shall be bilingual when required. Periodically, general site safety meetings will be conducted to

inform site personnel of upcoming work and the potential associated hazards.

3. PERSONAL PROTECTIVE EQUIPMENT (PPE)

A. Safety Glasses: Approved Z.87 safety glasses with rigid side shields will be worn at all times. This includes

the point at which you enter the site. Face shields are to be worn in addition to safety glasses when grinding,

chipping, or similar activities as outlined in OSHA 1926.102. Tinted lenses are not permitted inside dark or

enclosed buildings. Site workers, visitors and periodic inspection personnel wearing standard prescription

glasses must use either, prescription safety lenses with rigid side shields or “over-the-glass” type eye

protection.

B. Hard Hats: Hardhats meeting the requirements of OSHA 1926.100 shall be utilized and unaltered.

Hardhats are required for all site personnel and must be worn at all times. Hardhats will be worn correctly

with webbing and bills facing forward. See exceptions for those operations that require welding hoods.

Hardhats shall be periodically inspected and replaced when defects are apparent.

C. Proper Clothing: Each employee must arrive at the project site ready to work and clothed appropriately.

Tank tops, sleeveless shirts, shorts, and extremely baggy clothing are prohibited. Those wearing such clothing

will be removed from site. Shirts must have a minimum of a 4” sleeve. Leather or other sturdy material work

boots that provide ankle protection are required for all employees. Athletic/non-safety type shoes are

prohibited and those employees wearing such will be removed from site.

D. Work Gloves: Gloves are required when handling materials. For proper glove selection, review the

appropriate MSDS or contact your supervisor. Leather work gloves are recommended while performing rebar

and form work related tasks.

E. Respiratory Protection: When cutting or grinding cement materials or cleaning in enclosed environments,

masks equal to NIOSH N-95 should be worn for protection. All other areas or operations will be evaluated by

project supervision. If respirators are required for Nabholz employees to perform assigned work, additional

training is required. Sub-contractors will be responsible for their own employees and shall provide Nabholz

with their program elements and identification of competent persons. Where conditions warrant, air

sampling may be required to ensure the correct selection of respiratory protection.

F. Hearing Protection: Use hearing protection in high-noise areas, and at times when use of elevated voice is

required. Hearing protection is required when operating grinders, air tools, jackhammers, hammer drills,

powder-actuated tools, cut-off saws, and similar tools. Sub-contractors are responsible for their own

employees and shall provide Nabholz with their program elements and identification of competent persons.

Where conditions warrant, noise sampling may be required to ensure the correct use and selection of

hearing protection.

4. FALL PROTECTION

10


A. 100-percent fall protection with PFAS w/lanyard or ropes w/rope grabs are required for all work six feet or

greater in height where guardrail protection is not in place (see Scaffold, Ladder, and Stairway provisions). All

PFAS connectors, including carabiners / snaphooks, shall meet ANSI Z 359.1-2007 standards. All lanyards

must have deceleration device (shock absorber). All lanyards and lifelines shall have a minimum breaking

strength of 5,000 pounds. PFAS systems must be inspected prior to each use and documentation should be

kept for verification. Project superintendent may require this documentation to be turned in to the job site

office.

B. A safe means of access shall be maintained to structural activities. The use of aerial lifts as the sole means

of access is prohibited. Climbing and sliding down columns is prohibited.

C. Prior to starting work, each sub-contractor involved in elevated work must provide a written safety plan

that includes a project specific fall protection plan. This document shall be submitted to the Nabholz project

superintendent for review.

D. A guardrail system consisting of a top rail (39” – 45”) and midrail will be constructed at all unprotected

sides, edges and floor openings where a recognized fall hazard to a lower level exists. The guardrail system

will be capable of supporting 200 lbs. The guardrail system will have a toe-board installed for the protection

of those below when the system is greater than six (6) feet above a lower level.

E. Wire rope guardrail and perimeter slab edge systems are acceptable and will consist of a top rail and mid

rail with top rail being flagged at not more than 6-foot intervals with high-visibility material. A minimum of

three (3) drop-forged U-bolt wire rope clips will be used and installed such that the “U” section is in contact

with the dead end of the rope. Wire rope guardrail systems will be maintained to ensure the lowest point

above the walking/working surface is no less than 39-inches when a downward force of 200 pounds is placed

on the wire rope from any point.

F. Roof work areas will utilize and maintain warning lines around all sides of low pitch roofs not less than six

(6) feet from the roof edge. No worker will be allowed in the area between the roof edge and the warning

line without personal fall arrest system. Roof monitoring programs will be prohibited unless approved by

Nabholz Project General Superintendent.

5. SCAFFOLDS and ELEVATED PLATFORMS

A. All scaffolding shall be inspected, constructed, dismantled, and altered by a designated competent person

recognized by Nabholz. All sub-contractors who will be performing work from scaffolding must identify their

competent person to the Nabholz superintendent and ensure that competent person will remain on site

when any scaffolding work is being performed, and ensure their employees are trained to the minimum

standards set forth by OSHA to allow employees to work while on a scaffold system. Inspection shall be

performed daily and prior to the shift. All scaffold systems will be tagged for employee awareness.

Documented scaffold user training shall be submitted to the Nabholz field office for all employees working on

a scaffold. Documented scaffold erector/dismantler training shall be submitted to the Nabholz field office for

all employees engaged in the erection or dismantling of a scaffold system.

11


B. All scaffolds will be fully planked at all working levels, braced, and guardrail systems installed (six-feet and

above). Employees shall be tied-off when guardrails cannot be installed at heights of six feet or greater.

C. Scaffolding is to be supported on a firm subgrade and sound mudsill material. Base plates are required for

all fixed scaffolds.

D. Provide toe-boards, screen systems, or similar to protect those working below elevated decks, structures

and leading edges six feet or greater above a lower level.

E. Mobile scaffolds will be utilized with locked wheels only. Moving the scaffold from elevated positions will

not be permitted, without following OSHA regulations; 1926.452

F. Follow manufacturer recommendations when using any type scaffold system.

G. Ladder access shall be provided for each scaffold.

H. Scaffold system components, construction and use must be in accordance with manufacturer’s

requirements. Scaffold loading must not exceed manufacturer’s capacity requirements.

I. When scaffolds are placed near perimeter or slab edges, it shall be secured to prevent displacement, at all

times. PFAS with rope and anchor point may also be used, to prevent falls to lower levels.

J. All work performed from a scissor lift must be accomplished with feet firmly on the deck. 100-percent fall

protection must be maintained if the employee working from a scissor type lift will need to leave the deck to

perform his/her work. Entry gate chains and/or bars shall be engaged at all times when lift is occupied.

K. Fall restraint devices are required while operating and working from Aerial lifts / Articulating boom lifts.

Fall restraint devices shall be secured to manufacturer’s anchorage points only.

L. Manufacturer’s operation and safety manuals must be present and/or immediately available on Aerial /

Articulating boom lifts and scissor lifts for use by the authorized and trained operator. Lifts of all types will be

used in accordance with Manufacturer’s instructions and limitations. Documented training for employees

engaged in Aerial Lift use shall be submitted to the Nabholz field office.

M. A restricted access zone shall be established at the area directly under aerial lift operations or an

employee to warn others and to prevent entry of personnel not engaged in that work activity.

6. LADDERS and STAIRWAYS

A. Ladders must be inspected for defects prior to each use. Ladders with broken/damaged components or

missing/illegible manufacturer’s instructional labels must be removed from service immediately.

B. Work will be performed while facing the ladder. Three-point contact must be maintained at all times.

Never carry tools or materials in your hand, use a rope and/or approved bucket to raise tools and materials.

C. Extension ladders must extend a minimum of three-feet above the supporting object when accessing

elevated work areas and be secured or tied off to prevent displacement. When extension ladders cannot be

12


tied-off, another employee will be required to secure the base of the ladder. Extension ladders will be used at

a 4 to 1 angle / 75-degrees (Horizontal distance from support to the foot of the ladder ¼ the working length

of the ladder).

D. Job made ladders will be constructed with stress-grade lumber. Cleats and blocking (filler blocks) will

consist of 2x4 materials. Cleats will be uniformly spaced and parallel throughout the working height. Job

made ladders will be used at a 4 to 1 angle / 75-degrees (Horizontal distance from support to the foot of the

ladder ¼ the working length of the ladder) unless the side rails are spliced. Angle must then be used at 8 to 1

angle (Horizontal distance from support to the foot of the ladder 1/8 the working length of the ladder).

E. Work from the top two steps of stepladders is prohibited. Stepladders are designed to be worked from,

and not to gain access to elevated work areas. When using stepladders, ladders must be fully opened with

the spreader bar in a locked position.

F. A Personal Fall Arrest System is required when working from ladders placed near perimeter or slab edge

protection when your waist is above the top-rail of an existing guardrail system. At all times, ladders that are

near the perimeter or slab edge, protection shall be secured to prevent ladder from displacement.

G. Prior to using stairways all tread pans must be filled, landings complete, and handrails in place. In the

absence of these requirements, stairways are to be barricaded.

H. A change of elevation greater than 19 inches requires use of stair, ramp or ladder. Stairs with four (4)

risers or more and/or rising 30 inches or more require use of a handrail system capable of withstanding a

force of 200 pounds. Hand rail/Stair rail systems must be installed on each unprotected side or edge.

I. Extension ladders shall not be used as two separate ladders unless permitted by the ladder manufacturer.

7. TRENCHING and EXCAVATING

A. All excavations and trenches must be inspected daily by a designated competent person. This documented

inspection will be performed daily prior to the shift and following major weather events. The creating-owner

of the excavation shall maintain documentation and submit to the Nabholz field office, indicating such

inspections. Each sub-contractor whose employees must enter excavations shall supply a competent person

on site at all times.

B. All soils shall be considered class “C” unless otherwise designated by a geotechnical engineer recognized

by Nabholz.

C. Shoring and sloping methods must be employed for all excavations of 5-feet of depth or greater and be in

accordance with all manufacturer or regulatory requirements. Trench boxes and similar shoring methods

shall be used per the manufacturers’ tabulated data or professional engineer’s directions. Employees shall

not leave protection.

13


D. Provide ramp, stair, or ladder systems to allow safe egress from all trench excavations 4-feet or greater in

depth. Locate egress systems such that the travel distance from any point in the excavation is no greater than

25-feet.

E. A perimeter warning system will be used for all excavations.

F. Employees will not be permitted to work directly beneath suspended loads or excavation equipment.

G. All trenches and excavations twenty-feet or greater in depth shall have sloping and shoring methods

designed by a registered professional engineer (PE) and be reviewed by Nabholz, prior to entry.

H. Prior to performing any trenching or excavation activities a thorough coordination and investigation

should be conducted to identify buried utilities / energy sources. The use of utility providers and locate

agencies must take place before performing work. An excavation permit program is recommended for sites

where a high potential for buried utilities exists.

I. Special consideration should be taken in areas such as landfills or where toxic gases may be present in an

excavation. Air quality monitoring may be necessary prior to entering the excavation.

8. ELECTRICAL

A. Flexible cords (extension), shall be inspected daily prior to use and protected from damage. Flexible cords

permitted for use must be No. 12 gauge or larger. Ensure all cords traversing areas subject to vehicular traffic

and routed across aisle ways are protected from damage. Cords and leads run through doors and holes must

be protected. Cords exhibiting damage, missing ground pins, broken strain relief, or exposed wires are to be

taken out of service.

B. GFCI protection shall be utilized when power is supplied from permanent building wiring. Protection shall

be supplied via GFCI circuit breaker, receptacle or pigtail. Test and reset GFCI’s before each use. The

contractor responsible for establishing a temporary power panel, shall test and document that GFCI’s are

working properly on a weekly basis and provide the Nabholz field office with such documentation.

C. Temporary power stations will be inspected for defects and/or damage. Each breaker will be labeled and

receptacles/devices in good condition. All open breaker or enclosure knockout spaces must be covered with

manufacturer’s blank plate. All defective components will be corrected immediately.

D. Only qualified/authorized electricians will be permitted to work on energized electrical panels, rooms, and

devices. All energized electrical panels will be maintained with dead front covers in place for the protection

of personnel. Control access with a lockable door to electrical rooms containing energized panels. Electrical

rooms shall remain locked at all times unless a qualified electrician is present in the immediate area.

E. Utilize Lock-out/Tag-out procedures to render equipment inoperable or circuits de-energized during the

construction process. Provide tags indicating ownership of the lock-out device and the equipment/circuit de-

energized.

F. Temporary power panels less than 600v shall be unlocked.

14


G. Portable/vehicle mounted generators must be equipped with ground-fault receptacles (GFCI). Those not

equipped with GFCI receptacles must utilize GFCI plug assemblies (pigtails) for power supply to all tools,

equipment or similar. Generators must be grounded in accordance with manufacturer’s recommendations.

H. Adequate lighting will be maintained at all times including bulb guards, lamps, wiring, suspension means,

and grounding. Temporary lighting shall be on its own circuit and not be ‘plug in’ type connection. It shall be

so wired that accidental disconnection cannot occur.

I. Receptacles, switches, lighting, etc., shall have the fixture and/or device plates installed if circuit is

energized. If fixtures or device plates must be removed, LOTO shall be utilized.

9. FIRE PROTECTION

A. When cutting or burning, ensure an approved fire extinguisher is in close proximity (25’). Know the

condition of and where other nearest fire extinguisher is located. If the extinguisher is discharged, notify your

supervisor for immediate replacement.

B. Gasoline and other liquid fuels must be kept in Department of Transportation (DOT) approved metal safety

cans consisting of a flash arresting screen and spring closing lid/spout. Fuel cans will be stored in designated

areas and labeled. Plastic fuel containers are not permitted.

C. Smoking will be permitted in designated areas only. The Nabholz project superintendent will regulate

smoking in buildings, if allowed. When smoking, be aware of your surroundings and stay clear of combustible

or flammable materials. Many clients have “No Smoking” or “Tobacco Free” policies. Nabholz will enforce

our client’s policy.

D. Fire watches shall be provided for all hot work from elevated areas or for work where slag or sparks may

fall through floor and wall penetrations. Fire watch personnel are required for thirty minutes after hot work is

completed. A ‘Hot Work Permit’ shall be filed with the Nabholz field office when working within occupied

areas.

E. Signage such as “Flammable Materials” and/or “No Smoking” will be provided at all storage locations of

flammable and/or combustible fuels as warning to those in close proximity. This signage is required at all

storage / conex locations where flammable materials or fuel powered equipment is stored. Adequate fire

suppression equipment shall be provided at each location.

F. When welding or cutting from an aerial lift or scissor lift, a fire extinguisher must be available in the basket

of the lift.

10. TOOLS and EQUIPMENT

A. Hand tools are to be inspected daily prior to use. Damaged cords, guards, or similar components will

require the tool to be removed from service immediately.

15


B. Employees using powder-actuated tools must have current certification indicating training completion by

the manufacturer of the device and follow all requirements related to the safety of those in close proximity.

A copy of the certification shall be submitted to the Nabholz field office.

C. Air/pressure hoses, including concrete pump hoses, must be secured at all couplings by means of pin or

clip to prevent whipping or pull-out. Manufacturer’s safety precautions and devices must be utilized.

D. Side/angle grinders shall be used with the guards in place.

E. All equipment / machinery equipped with machine guarding devices must utilize these guards when the

equipment is in operation.

F. Only industrial capacity rated chain hoists and cable winches (come-a-long) are permitted. Hooks must

have operable self-closing safety latches. Load chains are not acceptable rigging devices.

11. GUARDING/BARRICADING/SIGNAGE

A. Use barricades to warn of holes in floor, missing handrails and other hazards created by work. Barricade

tape is not a rigid barrier and fall protection is required if the fall exposure is six feet or greater. Barricade

tape and materials shall be a minimum of 6-feet from the hazard it is identifying. Best practice for holes are

covers, and missing or damaged handrails should be repaired.

B. Barricades must be removed when the job is complete or the hazard no longer exists. Barricade the area of

operation only. Inspect all barricades daily and repair as required. Yellow and black means ”Enter With

Caution.” Red and black means “Danger Do Not Enter.” Use of proper tape is important.

C. Utilize barricade tape or proper signage to define areas including limited access zones, overhead work

zones, and similar areas maintained for authorized personnel only.

D. Approved caps or covers shall be provided for all exposed vertical rebar, conduit and similar hazards.

Provide protection for all horizontal rebar, conduit and similar hazards to prevent cut and scrape type

injuries.

E. Provide covers for all floor openings, gaps or voids 2-inches or larger in its least dimension (including

column blockouts). Cover materials will be adequate to suit the surrounding traffic. All floor hole covers shall

be labeled with high visibility paint, “Hole Cover-Do Not Remove” and “Peligro”, and secured to prevent

displacement.

F. Temporary bracing of tilt-up concrete and masonry walls, shall be per the engineer of record and removed

only with the approval of the Nabholz project superintendent. Special lifting precautions should be taken

when lifting or handling panel bracing.

G. Temporary bracing of freestanding masonry walls shall be adequate to support the wall for all reasonably

expected loads.

H. Freestanding masonry walls shall have a controlled access zone (CAZ). This zone shall be the height of the

wall plus four feet on the open side.

16


12. WELDING and CUTTING

A. Fuel gas cylinders (oxygen/acetylene/LP gas, ect.) must be stored in their upright positions with caps in

place and secured when not in use. Oxygen and fuel gas cylinders must be kept a minimum of 20-feet apart

or stored in an approved storage unit. Gas cylinders shall not be stored inside of buildings.

B. Oxygen/acetylene cylinders shall be transported / used / stored in approved carts only. Approved carts

consist of a noncombustible barrier at least 5-feet high between oxygen/acetylene cylinders which meets a

fire-resistance rating of at least ½-hour. Oxygen/acetylene cylinders not in approved carts will be required to

meet the storage requirements of section 12.A. following each work shift.

C. Gauges, gauge covers, valves, hoses and other torch set components must be inspected prior to each use.

All defective components will be corrected prior to use of the assembly.

D. Gauges shall be removed and caps in place when transported in mobile equipment.

E. Flashback arrestors will be required for all torches between torch head and hose assembly. Projects

covered under EM 385 shall have flashback arrestors and reverse flow check valves installed.

F. Cutting torches shall be lit with strikers, do not use a cigarette or butane lighter.

G. Welding Hoods: Welding hoods should be attached to the hard hat. Soft hoods are not allowed when

overhead hazards exist. Welders utilizing soft hoods shall have an approved hard hat readily available for use

when not actively welding. A minimum of No. 5 shade lens will be required in welding hoods and goggles

while cutting or welding using oxygen/acetylene-cutting torches.

13. CRANES, HOISTING and LIFTING EQUIPMENT

A. Crane annual certifications and crane operator’s qualifications must be available on site prior to

commencing work.

B. All crane operators must be Certified Crane Operators (CCO) per ANSI B 30.5 standards. Each operator

must be certified in the specific size and type of crane being utilized. Acceptable certifying agencies are:

National Commission for the Certification of Crane Operators (NCCCO)

North American Crane Bureau (NACB)

National Center for Construction Education and Research (NCCER)

C. The operator will perform daily inspection of all cranes, rigging, and other components. These inspections

will be documented and maintained for review by the contractor. Damaged equipment shall be tagged and

immediately removed from service. Only qualified/authorized persons will perform hoisting, rigging and

signal person activities. Wood materials are not permitted for use in vertical hoisting/lifting operations using

rigging equipment.

D. Outrigger Pads and Floats: Cranes with outriggers shall ensure that all outriggers are fully deployed, in

contact with sound surface and maintain crane in level position. Monolithic floats/supplemental pads shall be

17


larger than the outrigger pads, of substantial material to withstand imposed loads and will be required under

each outrigger pad regardless of the type of surface being set up on.

E. Means of communication between crane operator, riggers, Nabholz employees, and all others exposed to

overhead loads shall be agreed upon before work commences. Use of cellular phones or other devices that

may distract the operator are prohibited while the crane is in operation.

F. Roadways and travel areas will be kept free of debris and stored materials. Subgrade will be sound and

acceptable for both loads and travel.

G. Only employees actively engaged in the operations involving cranes or hoisting equipment should be

around this equipment or in the areas served by the equipment. All site personnel should be aware of their

surroundings and avoid walking beneath overhead loads.

H. Barricading for the swing radius of all cranes and similar lifting/hoisting equipment will be provided and

maintained.

I. Maintain a minimum of twenty foot (20 ft) clearance from all overhead energized or potentially energized

power lines while cranes are in operation. Insulating shields, or other means of energy control, are

recommended for all overhead lines where cranes could potentially come within 20 feet from the lines.

Coordinate installation of shields with local utility.

14. VEHICLES and MOBILE EQUIPMENT

A. Only qualified and authorized personnel will operate aerial lifts, backhoes, forklifts, scissor lifts,

skidsteers, and similar heavy equipment. All such equipment will be operated safely and within safe speed

limits. Seatbelts will be worn at all times while the operator is in the seat of equipment designed with

seatbelts.

B. Sub-Contractors, shall provide Nabholz project supervision with documentation of operator competency.

C. All Nabholz employees who will be operating any mobile equipment, shall have in their possession, a valid

operator authorization card issued by Nabholz. “Only Authorized Persons Shall Be Allowed To Operate

Mobile Equipment”.

D. All mobile equipment shall be inspected upon delivery and prior to each use. All mobile equipment

inspections will be documented. Daily inspection logs shall be made available to Nabholz as requested.

E. Manufacturer’s operation and safety manuals must be present and/or immediately available on the

equipment for use by the authorized operator.

F. All motorized equipment must have an audible backup alarm as well as a warning horn for forward

movement. Equipment designed for bi-directional operation, such as a track hoe, must have an alarm that

sounds when moving in either direction.

G. Sound horns when rounding corners or entering or exiting buildings. The use of flagging persons or similar

means must be utilized when obstructed views exist.

18


H. Use of cellular phones or other devices that may distract the operator are prohibited for all types of

mobile construction equipment when in use.

I. Employees will be prohibited from riding on the tailgates or sides of trucks or other equipment.

J. All company vehicles operated on the site must be road ready with operating lights, signals, mirrors, etc.

K. Personal vehicles will be parked in designated areas only.

L. Maintain a minimum of ten (10-feet) clearance from all overhead energized or potentially energized power

lines while mobile equipment is in operation. Insulating shields, or other means of energy control, are

recommended for all overhead lines where equipment could potentially enter within 10-feet from the lines.

Coordinate installation of these shields with local utility. (Refer to Section 13-I for crane requirements.)

15. EMERGENCY RESPONSE/INCIDENT REPORTING

A. Report all injuries and incidents to your supervisor immediately. This immediate reporting allows for

prompt medical treatment and more complete investigation. Each sub-contractor is to promptly report all

accidents or incidents to Nabholz project superintendent. Failure to immediately report injuries or illnesses

is grounds for disciplinary action. This includes non-work-related injuries and illnesses.

B. In the event of an emergency, use any available means to contact your supervisor.

C. In the event of an emergency that requires evacuation, all personnel will proceed in an orderly fashion to a

designated assembly point. Remain in that area until instructed otherwise.

D. Nabholz Superintendents and sub-contractors are required to maintain first aid supplies on the job site.

E. Project Supervisor and/or Project Manager including sub-contractors will coordinate, develop, revise and

communicate an emergency response plan for utilization in the event an emergency incident occurs.

F. Each sub-contractor with two or more employees should have on site, a minimum of one individual

certified in CPR and First Aid.

Nabholz Construction values the safety of all personnel who enter our projects. By following the safety

rules contained in this document, you will assist us in our continued efforts to maintain a safe and healthy

work environment.

Safety is a Nabholz Core Value

19


2.00 BIDDING INSTRUCTIONS AND SUPPLEMENTAL

INFORMATION

.01 Instructions to Bidders The following instructions apply to all proposals.

1. All bids shall be submitted on the bid form found in section 3.00 of this manual, inclusive of the scope of

work specified in the applicable bid package.

2. Bid bonds are required for all contractors.

3. Modification to Bid Packages may be cause for rejection of proposal.

4. Bidders warrant they have visited the Project site prior to submission of proposals or have attended the

pre-bid meeting(s) for the purpose of understanding and accepting all conditions in and around the

Project site.

5. Bidders warrant that proposals are submitted in accordance with the requirements of CM Manual and

Contract Documents. Bidders also warrant that proposals are submitted in accordance with the

specification sections and drawings relating to the scope of the Bid Package.

6. Bidders must submit questions in writing to the CM no later than seven (7) days prior to the Bid Date or

by the established RFI deadline. Responses to Bidders’ RFI(s) will be distributed in the form of an

Addendum or Clarification to all Bidders. Addenda may be issued during the bidding period. Bidders

must acknowledge all addenda on the Form of Proposal. Addenda become part of the Contract

Documents.

7. Bidders must, immediately notify CM in writing of errors, omissions, discrepancies, or noncompliance

with applicable codes and regulations within the Contract Documents or any work which will not fit or

properly function if installed as indicated in the drawings and specifications. This requirement does not

relieve the Architect of design or professional service responsibilities.

8. Bidders must comply with all federal, state, local laws, and the rules and regulations of all authorities

having jurisdiction over construction of the Project shall apply to the Subcontract or Purchase Order

(“PO”) throughout. Statutes will be deemed to be included in the contract or PO, the same as though

herein written out in full.

9. Contracts and PO will be awarded based on the lowest responsible qualified proposal, provided it is in

the best interest of the Owner and/or CM. The Owner and/or CM reserves the right to reject any and all

proposals and to waive any informality in the proposals.

10. To determine the lowest responsible qualified proposal, the CM will evaluate proposals based on the

following considerations:

a. Total amount of Bidders’ proposal, including Base Bid and Alternate Bids;

b. Acknowledgement of issued Addenda;

c. Sufficiency of Bidders’ financial resources;

20


d. Evaluation of Bidder’s labor rates;

e. Bidders’ ability to perform in accordance with the Contract Documents;

f. Bidders’ ability to perform without delay or interference to other trades or scopes of work;

g. Bidders’ history of performance on previous projects with CM or Owner;

h. Responsibility and reputation of Bidders;

i. Evaluation of Bidders’ safety record;

j. Bidder’s history of compliance with applicable laws, codes, and regulations;

k. Quality and availability of Bidders’ personnel and resources; and

l. Amount and nature of Bidders’ current or pending litigation.

11. Bidders are required to provide a price for each specified Alternate Bid, Unit Price, or Price Breakout

that affects Bidders’ Bid Package.

12. Bidders are required to provide unit prices for all labor classifications that apply to Bidder’s Bid Package.

Labor unit prices will be used to calculate labor for all change order requests.

13. Bidders’ proposal shall include, but not limited to, the following costs:

a. All applicable Sales Tax and Freight on Board to Project site unless stated otherwise in the trade

specific Bid Package.

b. Prevailing wage rates and documentation if required by Contract Documents.

c. Employee orientation, safety training, infection control training, and photo ID badging, as

required.

d. Attendance at preconstruction and project coordination meetings, as required by specifications

and Construction Manager’s Quality Management System (“QMS”). Subcontractor is required to

send foreman, project manager or owner to all weekly Project site coordination meetings

pertaining to the Scope of Work and/or as required by Construction Manager’s Project

Superintendent. Employees attending meetings must have the authority to make commitments

on Subcontractor’s resources (manpower, equipment, tools, etc.) to maintain Project Schedule

or meet milestone dates.

e. Delivery of submittals, including but not limited to shop drawings, product data, samples, mock-

ups, operating service and maintenance manuals, Material Safety Data Sheets (MSDS), and other

documents and submittal materials required by the specifications.

f. All product testing documentation required by specifications, including test certificates

g. Coordination for field testing and inspections required by specifications and Construction

Manager’s QMS. Laboratory testing by others; any re-testing required due to initial failed testing

under Scope of Work is the responsibility of Subcontractor. This requirement does not apply to

air test & balance tests

h. Hook-up and consumption charges for temporary utility and telephone services for Bidders’

trailers and sheds, including maintenance of temporary services and removal of services when

no longer needed.

i. Task lighting and special electrical service requirements, including but not limited to:

21


i. Electrical contractor will provide temporary power to accommodate the use of

power tools, lighting, and masonry saws.

ii. Temporary electrical outlets will be spaced so that the entire area of construction

can be reached by power tools on a single 100-foot extension cord; and

iii. General temporary illumination will be maintained at a level of 5 foot-candles.

j. Telephones, computers, and internet access.

k. Drinking water and ice.

l. Storage sheds, office trailers, and labor sheds.

m. Portable, gas-driven welders.

n. All parking for employees shall be coordinated with Construction Manager’s Project

Superintendent at Bidders’ expense.

o. All material handling equipment, including but not limited to hoisting with certified operators,

bracing, shoring, scaffolding as necessary to move materials and complete Scope of Work.

p. Daily clean up and removal of all identifiable debris, including but not limited to:

i. Site Cleanup. Contractor shall keep the Project site and work areas clean at all

times and must sweep each work area and remove all debris prior to

discontinuing work in each area. If the Subcontractor fails to immediately

commence compliance with cleanup duties within forty-eight (48) hours after

written notification from the Contractor of noncompliance, the Contractor may

implement appropriate cleanup measures without further notice and deduct the

cost thereof from any amounts due or to become due the Subcontractor under

this Contract. Unless otherwise specified or required by law or regulation, all

debris will be sorted as required and deposited on the Project site at a location

designated by the project superintendent. Subcontractor shall comply with

Contractor’s on-site recycling and refuse programs. Contractors shall follow any

Nabholz sustainability plans and programs regardless of whether the job is

certified by the U.S. Green Building Council, Green Globes, or any other building

certification entity. Temporary protection of work and stored materials. Protect

adjacent materials and finishes. Damage caused by performing this work will be

the responsibility of this trade contractor.

q. Weather protection as required to protect and perform the Work unless specifically excluded in

Bid Package.

r. All applicable trade permits, licenses, and inspection fees, including bonds required for the

Scope of Work.

s. Engineering layout, professional surveys, grade control and field dimensions associated with the

Scope of Work.

t. Touch-up painting of any prefinished items as required.

22


u. Dewatering of all excavations associated with the Scope of Work, as required, preserving

structural integrity and workability.

v. Provide enclosures, temporary heat, blankets, additives, etc. as needed to protect Work and

materials from cold weather conditions.

w. Removal of existing materials in existing facilities, if considered part of the Scope of Work and

legally dispose of offsite.

x. Provide and install firestopping at penetrations in fire walls resulting from Work in accordance

with specifications and code requirements. Allow 5-10% destructive testing. Obtain approved

submittal before installing firestopping.

14. Bidders shall strictly comply with Construction Manager’s safety policies and OSHA safety regulations.

Construction Manager’s complete Safety Standards can be reviewed at Construction Manager’s offices

or https://www.nabholz.com/bidding-and-contract-documents/ Hard hats and safety glasses, and high-

visibility clothing are mandatory for all Project site employees during all phases of the project and must

be worn at all times. Prior to working on a Construction Manager’s Project, the viewing of Construction

Manager’s Safety Video by the construction personnel of all Bidders is a mandatory requirement.

Hardhat stickers will be given to those construction workers who are confirmed to have viewed the

safety video. All workers must have the current calendar year hard hat sticker on their hard hats in order

to perform work on Construction Manager’s Project.

15. Compliance with all requirements of Construction Manager’s substance abuse and security policies.

16. Compliance with Owner’s insurance requirements. Reference Section 5.01 of the CM Manual.

17. Bidders’ work shall strictly comply with all adopted Building Codes. Any code-related conflict in

drawings and specifications shall be clarified and approved by the local Code Authority prior to

installation.

18. Bidders shall be held responsible for submission of all submittals within three weeks of Notice of Intent

to Award, including but not limited to shop drawings, product data, samples, mock-ups, operating,

service and maintenance manuals, material safety data sheet information, and other submittals required

by the specifications and Construction Manager’s QMS. Submittals to be checked and signed off on by

Bidders’ representative indicating a review has been completed. Shop Drawings should be started upon

Notice of Intent to Award and completed expeditiously to not delay construction. Coordinate with

existing conditions and other Subcontractors as needed for locations, sizes and penetrations required.

Color samples to be treated as part of the submittal process.

19. Bidders shall provide closeout documents per Contract Documents and Master Contract including, but

not limited to, attic stock, as built drawings, testing, warranties and equipment operation manuals before

Substantial Completion as a prerequisite to Final Payment. Provide equipment operation instructions to

Owner representative, as required.

20. Bidders shall provide warranty from date of Substantial Completion of Contractor’s Work and for the

duration per specification. All Warranty and call-back Work resulting from the Scope of Work shall be at

23


no cost to the Owner or Construction Manager. Temporary use of equipment during construction will not

affect the Warranty or call-back periods required by the specifications.

21. Bidders may not remove or replace its Superintendent or Foreman without prior written consent from

Construction Manager.

22. Bidders shall coordinate delivery of required materials associated with the Bid Package. Bidders shall

provide equipment and personnel necessary to unload, stack, protect, and store materials on Project

site. Bidders shall inventory all delivered items and inspect for damage or missing items. Note damaged

or missing items on the bill of lading. Construction Manager is not responsible for damaged or misplaced

materials or equipment. Bidders shall file all damage claims with insurance carrier(s). Placement of

staged items shall be coordinated with Construction Manager’s Project Superintendent.

23. Stored materials are to be protected from heat and humidity as required by the manufacturer. All

materials must be tagged with Project and Construction Manager’s name. The items above are subject to

the specifications and Owner requirements. Coordinate location of Project site storage containers with

Project Superintendent.

24. Bidders shall coordinate Work with the Construction Manager and other trades affecting their Scope of

Work.

25. Bidders shall contact the Project Superintendent if the substrate is unacceptable before installation of

the Scope of Work. Installation of materials over substrate implies acceptance of substrate.

26. Time is of the essence. Provide a detailed schedule in bar chart format for the Scope of Work within 10

days of receiving Notice of Intent to Award. Comply with the Project Schedule furnishing necessary

resources, including overtime, to maintaining project schedule. Should Bidders fall behind schedule due

to conditions within Bidders’ control, Bidder shall implement whatever means are necessary to

accelerate the Bidders’ Scope of Work until it is in compliance with the schedule. The cost of accelerating

the Work shall be borne by the Bidders. Certain areas may be completed earlier than originally indicated

on schedule. Subcontractor must be prepared for any minor adjustments to the schedule as Work

progresses.

27. Time lost due to weather conditions must be made up by Bidders.

28. Bidders shall comply with the established work hours or Owner-specified durations necessary to

minimize impact on Owner operations.

29. Construction Manager maintains ownership of all schedule free float.

30. Bidders shall sequence Work as directed by Construction Manager.

31. Bidders must be and have been regularly engaged in Work to be performed for the past 5 years using at

least partially their own workforce skilled in that type of work. Project site foreman must be employed

directly by Subcontractor and professionally qualified for Work to be performed with at least 10 years’

experience.

32. Bidders must participate and comply with the Construction Manager’s QMS as relevant to the Scope of

Work.

24


33. Punch lists issued by Construction Manager, Architect, or Owner will be completed within fourteen (14)

calendar days from the date of issue. If Bidders fails to comply with this requirement, Construction

Manager reserves the right to perform the Work for the Bidders and back-charge the Bidders for the cost

of the Work.

34. Prior to commencing work, bidders must provide company specific safety plan and silica exposure plan to

superintendent, in either digital or physical copy.

25


.02 Declaration Regarding Prohibition of Sex Offenders and

Convicted Felons on School Premises (TO BE SUBMITTED PRIOR TO AWARD FOR PROJECTS PERFORMED ON SCHOOL PREMISES)

__________________________ (“Contractor”) hereby acknowledges that it has a contract with Nabholz

Construction for Work to be performed on the ______________________________ (Name of School District

or School Facility Project) premises. This applies to both green field and renovation/expansion school

projects. Contractor declares that it has verified (and will continue to verify at least annually) that none of its

employees and none of their sub-tier subcontractor employees working on the school premises noted above

have been convicted, entered a plea of guilty or a plea of nolo contendere, or received a suspended sentence

for a crime or an attempt a crime in the State of Kansas, the United States or any other state for

1. any sex offense subject to a Sex Offenders Registration Act, and/or

2. any felony offense within the last ten (10) years unless such an employee has received a presidential

or gubernatorial pardon. This restriction does not apply to persons who have been convicted of a felony

within ten (10) years and who are volunteers performing community service hours under court order, or who

are performing services under a supervised work release program.

Contractor acknowledges that it is unlawful for any person who is a registered pursuant to the Sex Offenders

Registration Act to work with children or to work on school premises.

DECLARATION BY CONTRACTOR

The undersigned ___________________________represent that he/she is the Owner or an officer of

_______________________________, who has the authority to make this declaration to Nabholz

Construction.

I declare under oath that no employee working on school premises under the authority of the above-named

company or business has been convicted in this State, United States or another state of any sex offense

subject to the Sex Offenders Registration Act or is subject to state or federal sex offender registrations

provisions. I further declare that no employee working on school premises under the authority of the above-

named company or business has been convicted of a felony offense within the past ten (10) years in this

State, the United States, or another state.

DATED this ____day of ___________, 20____.

Subcontractor _____________________________

By __________________ Title ________________

Attest: _________________________________

Subscribed and sworn to before me this

_______

day of __________, 20________.

Notary Public

_____________________________

26


3.00 BID PACKAGES AND BID FORMS

.01 General Scope Requirements

All trade specific bid packages shall be inclusive of the General Scope Requirements listed below.

1. Refer to Instructions for Bidders, for general requirements.

2. Contractor agrees to follow all safety procedures and safety regulations of Nabholz, including those that

are more stringent than contractor’s own safety policy or OSHA standards.

3. All employees must wear hard hats, eye protection, and high visibility vests at all times on site.

4. Contractor is responsible for the protection of the SWPPP devices in place. If contractor is required to

move a SWPPP device in order to complete work, contractor must replace that device as installed.

Coordinate removal and replacement of SWPPP device with Project Superintendent.

5. Construction Manager will provide layout to building corners. Contractor is responsible for layout

beyond these points.

6. Coordinate on-site employee parking with Project Superintendent.

7. Coordinate location of on-site storage containers with Project Superintendent

8. Employees shall avoid harassment of students, faculty, or staff. Employees who violate this requirement

may be removed from the jobsite by Project Superintendent.

9. Contractor will actively participate in the Nabholz Quality Management System.

10. Contractor agrees to follow the Project Schedule and meet the milestone dates. Certain areas may be

made earlier than originally indicated on Schedule. Subcontractor must be prepared for any minor

adjustments to the Schedule as work progresses.

11. Contractor must attend weekly coordination meetings. Employees attending meetings must have the

authority to make commitments on manpower to maintain Project Schedule or meet milestone dates.

12. All Contractors and Suppliers will be required to write a site-specific safety plan to address Nabholz 12

Commitments To Live By (C2LB).

13. Construction activities that generate high decibel noise levels must be scheduled and coordinated with

Construction Manager’s Project Superintendent.

14. Prior to award, contractors will be required to complete the Declaration Regarding Prohibition of Sex

Offenders and Convicted Felons on School Premises form located in Section 3.02 or such declarations

otherwise required by the Owner.

27


.02 Bid Form

Date of Bid ______________________

Submitting Company (“Bidder”)

Company Name__________________________________________________________________

License Number_______________________________________________________

Company Representative

Name__________________________________________________________________________

Email Address____________________________________________________________________

Cell Phone_______________________________________________________________________

Scope of Work

Bid Package Number______________________________________________________________

Bid Package Description____________________________________________________________

Addenda

Bidder acknowledges receipt of the following addenda:

Addendum #________ Dated ________________

Addendum #________ Dated ________________

Addendum #________ Dated ________________

Addendum #________ Dated ________________

Addendum #________ Dated ________________

Addendum #________ Dated ________________

Base Bid

By submitting this proposal form, bidder acknowledges receipt of and compliance with Owner’s minimum

insurance requirements, Project Contract Agreement, Performance and Payment Bond requirements,

Purchase Order, and Safety Standards.

Bidder agrees to complete the Scope of Work listed below for a lump sum of:

$________________________________________________________________________________

28


Alternates

1. Alternate #1 Add/Deduct $ ___________________




Voluntary Alternates

1. _____________________________________________________ Add/Deduct $ ____________

2. _____________________________________________________ Add/Deduct $ ____________

Work in Progress & Project Specific Qualifications

Bidder shall submit with their proposal a Work in Progress (WIP) Report that lists the ten (10) largest

projects currently being constructed. Moreover, final evaluation of Bidder’s proposal shall be conditional

on review of WIP Report, and Bidder’s experience with similar scope and projects.

Completion Time

All Work shall be completed within the schedules prepared by and agreed to by Nabholz. Bidder shall

provide adequate manpower and submit documentation for approval necessary to work within the

timeframe scheduled. Estimated time period for construction is June 2019 – November 2019.

Bonding

Bidder can provide a Performance and Payment Bond and can meet the requirements set forth in the

“Project Contact”.

(circle one)

Yes/No

Name of Surety Agent_____________________________________________________________________

Surety Agent Phone

Number________________________________________________________________

Acceptance of Contract Forms

Bidder acknowledges that they have reviewed and accept the Contract Performance and Administration,

Sample Project Contract, Payment and Performance Bonds, and Sample Purchase Order. Proposed

modifications must be submitted with bid.

Signature

Bidder agrees that this proposal remains valid for a period of 60 days. Bidder understands that Nabholz

and the Owner reserve the right to reject any or all bids. Bidder acknowledges Owner’s minimum

29


insurance requirements. Upon receipt of notice of acceptance of bid, Bidder agrees to execute and

return the contract and required insurance certificates within two weeks of notification.

By ______________________________________________________________

Title_________________________________

Printed name of individual signing this

proposal________________________________________________

Contact phone

number___________________________________________________________________

Date __________________

END OF PROPOSAL FORM

30


01.0 Testing and Inspections

SCOPE OF WORK

Contractor or Supplier agrees that the Base Bid amount entered above includes the following project-

related activities and Scope of Work in accordance with the requirements of the specifications, drawings,

and CM Manual. Unless noted otherwise subcontractor will furnish all equipment, materials, labor,

supplies, tools, scaffolding, hoisting, transportation, unloading, and handling necessary for the proper

installation and completion of this work.

APPLICABLE SPECIFICATIONS

• Division 0 –

• Division 1 – General Requirements

• Section

All General Scope Requirements as outlined in Section 3.01.

Section A: Trade- Specific Requirements

Section B: Project Specific Requirements:

1. Provide soil testing for playground area.

Section C: Project-Specific Exclusions:

1. Concrete testing not required for playground area.

Section D: Project Alternates:

1. Provide soil testing for front parking area (2 trips)

2. Provide concrete testing as required for curb and gutter and front concrete area.

3. Provide asphalt testing for front parking area.

Section E: Unit Pricing:

END OF BID PACKAGE

Previously Bid

31


02.0 Demolition

SCOPE OF WORK







• Division 0 –


• Section 024119 – Selective Demolition



1. Subcontractor must comply with all environmental laws during demolition.

2. Subcontractor must provide containers and transportation for all demo debris removal for all

demolition.

3. All materials removed under this scope of work will be disposed of on a daily basis.

4. Ensure utilities are disconnected prior to the commencement of demolition activities.

5. Coordinate demolition sequence with the project superintendent.

6. Include all means and measures to protect existing finishes, materials, structures and equipment from

damage and dust due to demolition activities. Damage of such will be repaired at the expense of the

demolition contractor.

7. Leave jobsite “broom clean” in areas of interior demolition.


1. All asbestos materials will be abated and removed by contractor outside of the scope of this contract.

Coordinate with asbestos contractor to create sequence of removal.

2. Remove floor adhesive upon removal of existing flooring.

3. Include sawcutting of CMU walls as shown. Cut door openings to exact dimensions required for new

door frame.

4. Include saw cutting and concrete removal of interior slab as shown in drawings. See sheets Include an

additional 400 sf of extra sawcutting and concrete removal to be utilized as directed based upon layout

by plumbing and electrician.

5. Include removal and salvage of items as noted.

6. Include demolition of corresponding wood above or below lockers to be demoed.


1. Exclude demolition of electrical, plumbing, and mechanical items.

Previously Bid

32


2. Exclude all ceiling demo in this scope.


1. See alternates.


END OF BID PACKAGE

Previously Bid

33


03.0 Concrete

SCOPE OF WORK







• Division 0 –


• Section 033000 – Cast in Place Concrete

• Section 079200 – Joint Sealants

• Section 129300 – Site Furnishings

• Section 321313 – Cement Concrete Paving



1. Backfill compaction must meet requirements of specifications.

2. Include formwork, bedding and leveling materials, reinforcing steel and mesh, tie wire, concrete ready-

mix, methods of conveyance (i.e. pumps, buggies), admixtures, curing and hardening compounds,

concrete accessories, and moisture membranes, finishing, and rubbing.

3. Provide all hot weather protection as required to maintain Project Schedule in accordance with ACI

standards.

4. Final surfaces shall be as specified and free from cracks, voids, and spalls. Positive drainage of water

shall be provided on traffic surfaces, without ponds or water stands. Should final surfaces contain any

of the above mentioned, items shall be repaired at no additional cost to the Owner.

5. Replace grades to original condition in affected areas adjacent to work performed.

6. Concrete curing shall be in accordance with the construction documents and ACI.

7. Coordinate city and 3rd party inspections with jobsite superintendent.


1. Provide any sand/gravel base needed to complete work.

2. Install, maintain, and remove after project a designated concrete washout area as shown.

3. Include 4’x4’ housekeeping pad for water heater.

4. Include mowstrip around fencing. Coordinate with fencing contractor.

5. Include concrete pour back of interior demoed slab as shown on D1.1. Include an additional 400 sf of

interior slab pour back to be utilized as directed onsite. Provide interior vapor barrier to match existing.

Ensure concrete finish is level with the existing. Include needed leveling or grinding to level out.

Previously Bid

34



1. None


1. Dig, form, and pour light pole bases. Anchor bolts supplied by electrician. Coordinate rough in.

2. Provide curb and gutter work as shown.

3. Include colored pavement as shown on L1.1.

4. Supply and install fire lane and handicap signage.

5. Supply and install stainless steel bollards and bollard caddy as shown on L1.1.

6. Include all joint sealant for the exterior concrete.

7. Provide surveyor needed to complete work.


1. None

END OF BID PACKAGE

Previously Bid

35


06.2 Millwork and Carpentry

SCOPE OF WORK







• Division 0 –



• Section 097723 – Fabric Wrapped Panels

• Section 123200 – Manufactured Wood Casework



1. Provide samples for color and finish selections of all laminate and hardware on shown in documents.

2. Visit project site and take field measurements before fabrication. Coordinate and schedule site visit

with Project Superintendent.

3. Coordinate all material deliveries and sequence of installation with Project Superintendent no later

than 30 days prior to start of work.

4. Furnish and install all cabinet units, shelving units, countertops, and splashes as indicated in the

construction documents.

5. Provide a sufficient amount of scribes and/or fillers as necessary for a complete installation of

millwork.

6. Include all associated brackets and supports.

7. Furnish and install finish hardware for millwork and cabinetry including key locks per construction

documents.

8. Provide all necessary cut outs for plumbing and electrical fixtures as required, and all cut outs as

required for appliances. Provide grommets at cut-outs for power or data cords.

9. Furnish and install approved and matching colored caulking for each color of plastic laminate material

supplied.

10. Set and adjust all door and drawer margins after installation at the project site.

11. Remove glues and resins, clean out wood and plastic laminate shavings from inside drawers and

compartments, and wipe all dust from all millwork immediately after installation.

12. Provide protection of countertops after installation, to be removed at the direction of the Construction

Manager.


1. Supply and install caulking to seal casework to the walls as shown.

Previously Bid

36


2. Include fabric wrapped panels.


1. None



1. None

END OF BID PACKAGE

Previously Bid

37


09.0 General Trades

SCOPE OF WORK







• Division 0 –


• Division 024119 – Selective Demolition (as it relates to scope)

• Section 042000 – Unit Masonry

• Section 061053 – Miscellaneous Rough Carpentry

• Division 07

• Section 088300 – Mirrors

• Section 092216 – Non-Structural Metal Framing

• Section 092900 – Gypsum Board

• Section 095113 – Acoustical Panel Ceilings

• Section 101423 – Panel Signage (Supply and Install)

• Remainder of Division 10 (Installation only)



1. Provide all light gauge framing and gypsum board systems (walls and ceilings) as shown. Include all

layout needed along with sanding and finishing of drywall.

2. Install all framed openings and block-outs in drywall partitions, ceilings, and enclosures as required for

the work of other trades.

3. Furnish and install all firestopping and sound caulking for MEP penetrations in fire rated walls.

4. Furnish and install all batt and acoustical insulation per construction documents.

5. Provide complete suspended ceiling framing systems.

6. Coordinate installation of light fixtures, speakers, HVAC devices, access doors, and other

appurtenances in ceilings.

7. Include expansion joints required in walls or ceilings.

8. Provide all blocking (plywood, lumber, or metal strap) as needed for project.

9. Set and install hollow metal frames (provided by others) in metal framing systems.


1. Install any access panels provided by others.

2. Include salvaging and reinstall of mirrors as shown.

Previously Bid

38


3. Replace rusted locker end pieces with replacement pieces salvaged from demoed lockers.

4. Include removal and reinstallation of all existing window blinds within space.

5. Include all ceiling demolition with this package. Figure on additional 750 sf of ceiling demo, salvage,

and put back down hallway 135 for plumbing work to take place.

6. Tie back in ceilings around new bathroom walls.

7. Include installation of all division 10 items as shown (both owner supplied and contractor supplied).

8. Include supply and install of steel as shown for ceiling mounted swings and above doors per detail 51,

52, 53/A10.1. Include necessary ceiling take down and put back needed to complete work.

9. Include any masonry work needed to tooth in around new doors. Include basic CMU wall patching

where lockers are removed in hallways.

10. Remove existing dimensional lettering and patch holes as shown on picture on A5.1.

11. Include all firestopping work.


1. None


1. See alternates.


1. None

END OF BID PACKAGE

Previously Bid

39


09.2 Tile and Commercial Flooring

SCOPE OF WORK







• Division 0 –


• Section 096513 – Resilient Base and Accessories

• Section 096519 – Resilient Tile Flooring

• Section 096566 – Resilient Athletic Flooring

• Section 096816 – Sheet Carpeting



1. Furnish to Construction Manager a seaming layout plan for approval by Architect.

2. Inspect substrates prior to installation. The start of installation of floor covering will be construed as

the applicator’s acceptance of the finish floor surface conditions.

3. Perform moisture test and give results to construction manager prior to commencement of work.

4. Furnish and install all carpet.

5. Furnish and install all resilient flooring and resilient base.

6. Remove visible adhesive, seam sealer, and other surface blemishes using cleaner recommended by

carpet manufacturer. Remove protruding yarns from carpet surface.

7. Provide “extra stock” materials as identified in the construction documents.


1. Provide floor patching as needed. Include necessary floor build up/leveling needed for note 4/A13.2.

2. Provide all flooring transition strips and trim pieces for flooring.

3. Include all wall base for project, even in areas to receive epoxy flooring.

4. Include 100 sf of VCT replacement beneath lockers to be removed. Provide sf pricing for additional

replacement.


1. None


Previously Bid

40


1. See alternates.


1. Provide sf pricing for VCT replacement below where lockers are to be removed above the 100 sf in

base bid.

END OF BID PACKAGE

Previously Bid

41


09.3 Epoxy Flooring

SCOPE OF WORK







• Division 0 –


• Section 096723 – Resinous Flooring



1. Include all surface preparation, leveling, bonding agents, and other accessories as required.

2. Furnish and install all epoxy flooring as shown.

3. Installed epoxy flooring within tolerances as outlined in the construction documents.

4. Provide fresh air to avoid health hazards to all workers.


1. Include floor finish patching at men’s restroom.


1. Exclude wall base.



1. None

END OF BID PACKAGE

Previously Bid

42


09.4 Painting and Wallcovering

SCOPE OF WORK







• Division 0 –


• Section 079200 – Joint Sealants (as it relates to scope)

• Section 099123 – Interior Painting

• Section 099600 – High Performance Coatings



1. Preparation – before applying paint or other surface treatments, clean the substrates of substances

that could impair the bond of various coatings, remove oil and grease before cleaning. Do not begin to

apply paint until unsatisfactory conditions have been corrected and surfaces are thoroughly dry.

2. Protect all adjacent surfaces against painting.

3. Scope includes, but is not limited to, gypsum board, doors, frames, metals, and CMU.

4. Includes touch up of walls, ceilings, and all other painted surfaces as required by industry standards.

5. Include interior caulking at hollow metal frames, window frames, sills and other beauty caulking as

needed.


1. Include sanding and prime painting per note 7/A1.1

2. Include minor wall patching for existing walls where lockers and display cases are removed.

3. Include playground painting as shown on L1.1.

4. Paint portion of ceiling mounted platform for swing that is below ceiling.

5. Sand doorframes prior to painting. Include minor bondo work if needed.

6. Include sealing of concrete as shown.



1. Paint curbs as shown.

Previously Bid

43



1. None

END OF BID PACKAGE

Previously Bid

44


10.0 Doors, Frames, Hardware and Specialties

SCOPE OF WORK







• Division 0 –


• Section 081113 – Hollow Metal Doors and Frames

• Section 081416 – Flush Wood Doors

• Section 087100 – Door Hardware

• Section 088000 – Glazing

• Section 281300 – Access Control



1. This is an all-inclusive bid package. Contractor agrees to furnish and install ALL items covered by the

Sections referenced above and described herein.

2. Any discrepancy between the hollow metal, hardware and wood door schedules shall be immediately

brought to the attention of Project Superintendent.

3. Provide and install all hollow metal frames and mullions, including all anchors and accessories.

4. Provide and install all hollow metal doors, wood doors and accessories.

5. All frames and doors must be rated as required and carry the appropriate underwriters label.

6. All doors must be pre-machined for finish hardware, undercut (as required), and pre-finished (if

required by construction documents).

7. Include door cutouts, view lite kits, grilles, and stops.

8. Include all transoms and side panels as required.

9. Furnish and deliver all finish hardware.

10. Include provisions for final keying. Include cost for coordination meeting with Owner

Representative(s).


1. Include all glass within doors and hollow metal frames.

2. Include hollow metal window frame and associated glass.

3. Provide access control work as outlined on detail 54/E6.1.

4. Provide and install new hardware for existing aluminum doors as shown.

Previously Bid

45



1. None


1. See alternates.


1. None

END OF BID PACKAGE

Previously Bid

46


10.2 Visual Display Surfaces (Supply)

SCOPE OF WORK

Supplier agrees that the Base Bid amount entered above includes the following project-related activities

and Scope of Work in accordance with the requirements of the specifications, drawings, and CM Manual.

Unless noted otherwise subcontractor will furnish all equipment, materials, labor, supplies, tools,

scaffolding, hoisting, transportation, unloading, and handling necessary for the proper installation and

completion of this work.


• Division 0 –


• Section 101100 – Visual Display Surfaces



1. Supply all material and associated hardware to provide a complete installation for this package.

2. Ensure that the supplied product is the correct mounting type for the scheduled wall.

3. Furnish and deliver factory-built visual display boards, including factory-applied trim where indicated,

completely assembled in one piece without joints. Store visual display units vertically with packing

materials between each unit.

4. Warranty will begin on date from Substantial Completion for the Project.


1. Supply all markerboards, tackboards, and accessories from specified manufacturer.


1. None


1. None


1. None

END OF BID PACKAGE

Previously Bid

47


10.3 Signage (Supply and Install)

SCOPE OF WORK







• Division 0 –





1. Provide and install “Early Childhood” lettering at south entry as shown on A5.1.

2. Include removal and replacement work for the monument sign as sown on A5.1.

3. Include supply and install of interior signage.


1. None


1. See alternates.


1. None

END OF BID PACKAGE

Previously Bid

48


10.4 Misc. Accessories (Supply)

SCOPE OF WORK

Supplier agrees that the Base Bid amount entered above includes the following project-related activities

and Scope of Work in accordance with the requirements of the specifications, drawings, and CM Manual.

Unless noted otherwise subcontractor will furnish all equipment, materials, labor, supplies, tools,

scaffolding, hoisting, transportation, unloading, and handling necessary for the proper installation and

completion of this work.


• Division 0 –


• Section 102113 – Toilet Compartments

• Section 102123 – Cubicles

• Section 102600 – Wall and Door Protection

• Section 102800 – Toilet, Bath, and Laundry Accessories



1. All accessories shall meet the performance specifications in the construction documents.

2. This is an all-inclusive bid package. Supplier agrees to furnish all items covered by the Sections

referenced above and describe herein.

3. All warranties shall commence on the date of Substantial Completion of the Project.


1. Provide all toilet compartments and hardware for installation.

2. Include cubicle curtain track and accessories.

3. Include shower rod and curtain.

4. Furnish all toilet and bath accessories and hardware as shown in drawings and specs.

5. Supply all wall and door protection along with necessary fasteners as shown.


1. This is a supply only package. Exclude installation.


1. None


Previously Bid

49


1. None

END OF BID PACKAGE

Previously Bid

50


11.1 Playground Equipment

SCOPE OF WORK







• Division 0 –


• Section 116800 – Playfield Equipment and Structures

• Section 116800A – Attachment – Play Equipment Schedule




1. This is a turnkey package. Supply and install all playground equipment, fasteners, and accessories

needed for scope.

2. Provide all foundations required for equipment including but not limited to digging, concrete, and

anchors.

3. Coordinate with earthwork contractor and turf contractor for layout and required subgrade

requirements.

4. Provide lead times for equipment during submittal process.


1. None


1. None


END OF BID PACKAGE

Previously Bid

51


22.1 Plumbing

SCOPE OF WORK







• Division 0 –



• Division 22



1. In the case of discrepancy between drawings, specifications, codes, local and state laws, ordinances, or

contract documents, the most stringent governs.

2. Because of the drawing scales it is not possible to indicate all fittings and accessories that may be

required. Include any and all fittings, offset, valves, etc., for a complete system.

3. Plumbing contractor is to lay out all lines and elevations associated with this scope of work.

4. Furnish all pipe bedding, cushion materials and thrust blocks per construction documents.

5. Furnish and install complete plumbing system per construction documents.

6. Include a plumbing representative to be on site during slab pours to ensure plumbing lines remain in

place.

7. Furnish and install all plumbing fixtures including but not limited to urinals, urinal carriers, toilets, sinks

and drinking fountains.

8. Tie new sanitary sewer lines in the existing sanitary sewer system per construction documents.

9. Include all associated blocking, anchors, stenciling and tagging for this scope of work.

10. Include pipe supports associated with this scope of work. All miscellaneous steel, uni-strut, all thread

rod and accessories required for pipe support, wall or floor penetrations and blocking as required.

11. Include all plumbing identification including color coding, stencil, labels tags, etc. per construction

documents.

12. Supply any access doors (24” x 24” min.) needed for access to plumbing equipment.

13. Include sealants (color selected by Architect) around all plumbing fixtures, sinks and lavatories.

14. Include cleaning, purging and flushing of all lines when complete as related to this scope of work.

15. Ensure all equipment has adequate maintenance access when in place.

16. Clean up waste and debris generated by this scope of work and dispose on a daily basis and as directed

by the construction manager.

17. Include documented instructional training to the owner’s representative regarding the operation and

maintenance of the plumbing systems.

18. All warranties for fixtures, devices, and equipment begin at date of Substantial Completion of Project.


Previously Bid

52


1. Include all work associated with the sanitary sewer line. Provide protection for any open trenches.

2. Include any necessary permits to complete work.

3. Include trenching, backfill, and compaction associated with underground work. (interior and exterior)

4. Figure on providing core drilling through old foundation for sewer line from classroom 208 into men’s

restroom.

5. Haul off all spoils as created by work. (interior and exterior)

6. Include camera inspection of sewer lines prior to concrete installation.

7. Include plumbing demolition with this scope. Remove and reinstall any items shown to be salvaged.

8. Figure on installing new water piping in the hallways through existing ceiling grid.

9. Include all sound caulking of penetrations created by this scope.

10. Provide layout for interior trenches. Demolition contractor to make cuts and remove concrete.

11. Cut metal decking and roof as required for vents. Provide any necessary boots. Coordinate with roofing

contractor prior to work.

12. Include all venting required for water heater.


1. None


1. See alternates.


1. None

END OF BID PACKAGE

Previously Bid

53


23.1 Heating, Ventilation, Air Conditioning

SCOPE OF WORK







• Division 0 –



• Division 23



1. HVAC contractor to provide equipment and ductwork shop drawings for coordination with other

trades. Shop drawings are to include the locations and sizes of all duct work, equipment and

equipment maintenance access.

2. In the case of discrepancy between drawings, specifications, codes, local and state laws, ordinances, or

contract documents, the most stringent governs.

3. Because of the drawing scales it is not possible to indicate all fittings and accessories that may be

required. Include any and all fittings, offset, valves, etc., for a complete system.

4. Supply any access doors (24” x 24” min.) needed for access to HVAC equipment.

5. Provide the necessary temporary air filters materials over permanent return air grills at all entrances to

return air ducts weekly or as needed.

6. Furnish and install louvers, access doors, grilles, and vents as required for this scope of work.

7. Include documented instructional training to the owner’s representative regarding the operation and

maintenance of the plumbing systems.

8. All warranties for fixtures, devices, and equipment begin at date of Substantial Completion of Project.


1. Include all demolition associated with this trade. Include careful removal and replacement of ceiling

tiles needed to complete work.

2. Provide initial test and balance report as shown on MD1.1. Include final report at end of project.

3. Include cutting of roofing and decking for all new penetrations. Coordinate with roofer prior to start of

work.

4. Include all sound caulking around penetrations created by this scope.

5. Provide and install separate support system for any ceiling mounted items. Attachment to ceiling grid

is not acceptable.

6. Provide all blocking and support needed for exhaust fans.

Previously Bid

54



1. None


1. See alternates.


1. None

END OF BID PACKAGE

Previously Bid

55


26.1 Electrical, Communication and Electronic Safety

SCOPE OF WORK







• Division 0 –



• Division 26

• Division 27

• Division 28



1. This package includes all electrical, communication, and electronic safety and security scopes.

2. Provide temporary lighting and power distribution if needed in buildings as required for construction

activities.

3. Provide any conduit, pull strings, j-boxes etc. for any Division 26, 27, or 28 empty raceway systems as

required per plans and specifications.

4. Provide any grounding systems, and certifications as required per plans and specifications.

5. Provide any final connections and terminations for Owner Furnished Equipment if shown.

6. Provide all final electrical connections and terminations as required to equipment furnished and installed

by other bid packages.

7. Provide equipment and device testing, checkout and/or load studies as required per plans and

specifications.

8. Provide training of Owner’s staff on electrical equipment.

9. In the case of difference between drawings, specification, codes local & state laws, ordinances or contract

documents, the most stringent governs.

10. All warranties for fixtures, devices, equipment and gear begin at the date of the Project’s Substantial

Completion.


1. Provide all Division 27 Communication systems.

2. Provide all Division 28 Electronic Safety and Security Systems.

3. Furnish and install two (2) minimum support wires from building structure to each electrical recessed

fixture located in tee bar grid system.

4. Include all electrical demolition as shown. Include careful removal and replacement of ceiling tiles

needed to complete work. Include removal of project mounts and return to owner.

Previously Bid

56


5. Include sound caulking around all penetrations created by this scope.

6. Access control to follow detail 54/E6.1. Supply items as shown.


1. None


1. Include all light poles and anchor bolts as shown. Pole bases to be installed by others. Include any

needed grouting of pole bases.


1. None

END OF BID PACKAGE

Previously Bid

57


31.1 Earthwork and Storm Drainage

SCOPE OF WORK







• Division 0 –


• Section 024119 – Selective Demolition (as it relates to scope)

• Division 11 – Equipment (as it relates to scope)

• Section 220500 – Common Work Results for Plumbing

• Division 31 – Earthwork

• Section 334100 – Storm Drainage



Earthwork and Storm Drainage

1. Coordinate the procurement of all paperwork, permits, fees, and bonds necessary for the work

covered under this agreement, bearing all cost associated.

2. Professional surveyor to establish benchmarks. Provide all site layout and engineering required beyond

benchmarks, including maintenance of such.

3. Maintain storm water prevention plan in accordance with requirements of the local jurisdiction(s).

4. Provide erosion control, maintenance of positive site drainage, and dewatering as it relates to the work.

Maintain positive site drainage.

5. Provide all barricades, excavation protection, traffic control, and flagmen as necessary for the work.

6. Do not interrupt existing utility serving occupied or operating facilities, except when authorized in writing

by Owner and authorities having jurisdiction. Provide temporary services during interruptions to existing

utilities, as acceptable to Owner and to governing authorities.

7. Provide, maintain, and remove protection around all trees to be saved using orange safety netting.

8. Provide all site clearing, grubbing, tree and stump removal, hauling, and dumping.

9. Strip, store, and protect topsoil. Replace and grade to within (±) .10 feet. Remove excess topsoil from

site or stockpile in a location as directed by Construction Manager.

10. Provide watering/water trucks as required to provide compaction and to control dust.

11. All grading, cut, fill, disking and or processing, compaction to 95% standard optimum density (or as

otherwise specified). Grades to be provided to (+/-) .10 feet of specified subgrade. Provide import of

necessary fill or hauling of excess cut if necessary. Excessive slopes shall be laid back at a 2:1 slope as

required.

12. Final grading and topsoil replacement to be done after all trades are finished. Fill all ruts, back of curbs,

sidewalk edges, paving edges and against buildings. Provide suitable topsoils to specified topsoil depth.

Topsoil shall be equivalent to clean sandy loam if site topsoil is insufficient or unsuitable. Seed as required

Previously Bid

58


by construction documents. All areas disturbed by construction activities shall be re-graded and

backfilled.

13. Coordinate soils testing with Project Superintendent and testing agency.

14. Pay for any retesting in the event of failed compaction test.

15. Provide test certificates for offsite fill if used.

16. Provide a complete storm drainage piping system.

17. Grated inlets to be completed as part of this package.

18. All permits, fees, and right of way bonds required to form this work.

19. Provide all excavation and backfill required for underground utilities.

20. Clean up site and adjoining streets while working onsite. Power wash all paving, drives and walks at the

end of project. Remove and legally dispose off site of all debris associated with this trade package. Do not

use dumpsters.

21. Dewatering of the excavations associated with this scope of work as required. Preserve structural

integrity and workability.

22. Clean and flush all lines when complete.

23. Dispose of all spoils offsite.


1. Provide all site demolition (including saw cutting) and removal from site. Demolition includes, but is not

limited to asphalt paving, base, concrete paving, curbs, walks, poles bases, stairs, ramps, retaining walls,

and foundations. Provide demolition of all abandoned or terminated underground utility lines and

structures.

2. Provide and install all storm sewer including related grates, stone, rip rap, and concrete structures.

3. Include necessary safety protection including barricades or fencing of any open trenches.

4. Install and maintain stormwater protection measures as outlines on sheets C7.0 and C7.1. Include

removal and disposal of construction entrance and silt fencing.

5. Provide surveyor needed to complete work.

6. Figure on sequencing storm sewer work to take place prior to demo of existing circle drive. Include

sawcutting through existing drive in 3 locations to run storm sewer. Patch back in with rock so drive can

be used up unto time to demo.


1. Exclude installation and removal of concrete washout area.


1. See alternates.


1. Provide CY pricing for rock excavation.

END OF BID PACKAGE

Previously Bid

59


32.1 Asphalt Paving

SCOPE OF WORK







• Division 0 –


• Section 321216 – Asphalt Paving



1. Provide barricades, excavation protection, traffic control, and flagmen as necessary for this work.

2. Repair and fine grade sub-grade ready to accept base course.

3. Provide all road clean-up required by activities of this work.

4. Coordinate with sidewalk contractor (by others) for concrete ramp and curb transition.

5. Provide all striping and traffic signage and ADA signage.


1. Include all asphalt and gravel base needed for work.

2. Hold asphalt pricing for duration of project. Changes in cost of asphalt will not be considered.

3. Include gravel and asphalt work for hardplay area.

4. Include parking lot striping in scope of work.


1. None


1. Entire scope alternate #2.


1. None

END OF BID PACKAGE

Previously Bid

60


32.3 Turf

SCOPE OF WORK







• Division 0 –


• Section 321816 13 – Playground Protective Surfacing

• Section 322200 – Synthetic Turf Base




1. Provide complete turf system as shown.

2. Include all subgrade materials beyond compacted dirt needed for system.

3. Include drainage piping for turf area as shown on L1.1. Include all trenching, piping, backfill, and

concrete work needed.

4. Supply and install wood nailer board as shown to complete work.


1. None


1. None


1. None

END OF BID PACKAGE

Previously Bid

61


32.5 Fencing

SCOPE OF WORK







• Division 0 –


• Section 323113 – Chain Link Fences and Gates



1. Provide all layout and field measurements.

2. Furnish and install all materials necessary for a complete fencing system as shown in the construction

documents.

3. Furnish all hardware necessary to complete this work.


1. Coordinate mow strip around fencing with concrete contractor. Concrete for posts to be included with

this scope.


1. None


1. See alternates.


1. None

END OF BID PACKAGE

Previously Bid

62


32.7 Landscaping and Irrigation

SCOPE OF WORK







• Division 0 –


• Section 129300 – Site Furnishings

• Section 329200 – Turf and Grasses

• Section 329300 – Plants



1. Coordinate the procurement of all paperwork, permits and bonds necessary for the work covered

under this agreement, bearing all cost associated with the same.

2. Provide barricades, excavation protection, traffic control, and flagmen as necessary for this work.

3. Provide all material and perform all work to provide a complete landscaping system in strict

accordance with construction documents.

4. Provide final machine/hand grading of topsoil as required to ensure proper drainage away from

buildings and walks. Remove deleterious materials and rocks from topsoil.

5. Furnish and install sleeves.

6. Kill existing vegetation prior to the installation of sod.

7. Roll sod as required to provided uniformity and proper contact with soil.

8. Provide all plantings and ground treatments (grass seed and/or sod) as outlined in the documents.

9. Provide all road clean-up required by activities of this work.


1. Include an additional 250 sf of sod than what is shown in construction documents to be utilized as

directed.

2. Provide an additional 3,000 sf of seeing than what is shown in construction documents to be utilized as

directed.

3. Provide initial maintenance as required by construction documents.

4. Provide and install limestone seat boulders as shown.

5. Provide and install benches as shown.


1. Turf for play area by others.

63



1. Include enough seeing to cover area within bold black line on sheet L2.0.


1. None

END OF BID PACKAGE

64


4.00 SCHEDULE

1. All activities related to Bidder’s Scope of Work shall be completed within the schedules prepared by and

agreed to by Construction Manager. All Subcontractors and Suppliers shall procure materials and

provide the manpower necessary to meet the Project Construction Schedule. Estimated time periods for

construction are per the attached schedule.

2. A Preliminary Construction Schedule will be provided to all Subcontractors and Suppliers with Project

Contracts. Meetings will then be held with all Subcontractors and Suppliers for the purpose of receiving

and coordinating input relating to duration and scheduling of project activities, which will be used to

produce the actual Project Construction Schedule.

3. All Subcontractors and Suppliers shall be ready to commence work as required by the Project

Construction Schedule and immediately upon receiving Notice to Proceed; and receipt from

Subcontractor of executed Master and Project Contract Documents, Insurance that complies with

Nabholz requirements, and Performance and Payment bonds (if required). In addition, all Subcontractors

and Suppliers shall be prepared to provide shop drawings and/or submittals immediately upon award of

contract and in no case no later than 30 days after award of contract.

65


5.00 OTHER FORMS

.01 Insurance Requirements

Requirements located on following pages.

Spring Hill ElemGym Addition

Spring Hill School District USD #230Nabholz Construction Corporation DLR Group

66


.02 Example Contracts, Forms, and Other Documents

1. Sample AIA contract, sample general conditions contract (for reference only), and sample pay app

located on following sheets.

AIA®

Document A132TM – 2009

Standard Form of Agreement Between Owner and

Contractor,Construction Manager as Adviser Edition

AIA Document A132™ – 2009 (formerly A101™CMa – 1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or

distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the

maximum extent possible under the law. This draft was produced by AIA software at 13:22:04 on 01/15/2016 under Order No.1269976803_1 which expires on 05/14/2016, and is not for resale.User Notes: (727337818)

1

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

This document is intended to be used in conjunction with AIA Documents A232™–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; B132™–2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132™–2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser.

AIA Document A232™–2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the « » day of « » in the year « »(In words, indicate day, month and year.)

BETWEEN the Owner:(Name, legal status, address and other information)

« »« »« »« »« »

and the Contractor:(Name, legal status, address and other information)

« »« »« »« »« »

for the following Project:(Name, location and detailed description)

«Test»« »« »

The Construction Manager:(Name, legal status, address and other information)

« »« »« »« »« »

The Architect:(Name, legal status, address and other information)

« »« »« »« »« »

The Owner and Contractor agree as follows.




2

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

10 INSURANCE AND BONDS

EXHIBIT A DETERMINATION OF THE COST OF THE WORK

ARTICLE 1 THE CONTRACT DOCUMENTSThe Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACTThe Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION§ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.(Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date

will be fixed in a notice to proceed.)

« »

If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics’ liens and other security interests, the Owner’s time requirement shall be as follows:

« »

§ 3.2 The Contract Time shall be measured from the date of commencement.

§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than « » ( « » ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of

commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the

Work.)




3

« »

Portion of the Work Substantial Completion Date

, subject to adjustments of this Contract Time as provided in the Contract Documents.(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for

bonus payments for early completion of the Work.)

« »

ARTICLE 4 CONTRACT SUM§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.)

[ « » ] Stipulated Sum, in accordance with Section 4.2 below

[ « » ] Cost of the Work plus the Contractor’s Fee without a Guaranteed Maximum Price, in accordance

with Section 4.3 below

[ « » ] Cost of the Work plus the Contractor’s Fee with a Guaranteed Maximum Price, in accordance with

Section 4.4 below

(Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete

either Section 5.1.4, 5.1.5 or 5.1.6 below.)

§ 4.2 Stipulated Sum§ 4.2.1 The Stipulated Sum shall be « » ($ « » ), subject to additions and deletions as provided in the Contract Documents.

§ 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the

Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other

alternates showing the amount for each and the date when that amount expires.)

« »

§ 4.2.3 Unit prices, if any:(Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

§ 4.2.4 Allowances included in the Stipulated Sum, if any:(Identify allowance and state exclusions, if any, from the allowance price.)

Item Allowance

§ 4.3 Cost of the Work Plus Contractor’s Fee without a Guaranteed Maximum Price§ 4.3.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost of the Work, plus the Contractor’s Fee.

§ 4.3.2 The Contractor’s Fee:




4

(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee.)

« »

§ 4.3.3 The method of adjustment of the Contractor’s Fee for changes in the Work:

« »

§ 4.3.4 Limitations, if any, on a Contractor’s overhead and profit for increases in the cost of its portion of the Work:

« »

§ 4.3.5 Rental rates for Contractor-owned equipment shall not exceed « » percent ( « » %) of the standard rate paid at the place of the Project.

§ 4.3.6 Unit prices, if any:(Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.)


§ 4.3.7 The Contractor shall prepare and submit to the Construction Manager for the Owner, in writing, a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall include the items in Section A.1 of Exhibit A, Determination of the Cost of the Work.

§ 4.4 Cost of the Work Plus Contractor’s Fee with a Guaranteed Maximum Price§ 4.4.1 The Contract Sum is the Cost of the Work as defined in Exhibit A, Determination of the Cost of the Work, plus the Contractor’s Fee.

§ 4.4.2 The Contractor’s Fee:(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee.)

« »

§ 4.4.3 The method of adjustment of the Contractor’s Fee for changes in the Work:

« »

§ 4.4.4 Limitations, if any, on a Contractor’s overhead and profit for increases in the cost of its portion of the Work:

« »

§ 4.4.5 Rental rates for Contractor-owned equipment shall not exceed « » percent ( « » %) of the standard rate paid at the place of the Project.

§ 4.4.6 Unit Prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.)


§ 4.4.7 Guaranteed Maximum Price§ 4.4.7.1 The sum of the Cost of the Work and the Contractor’s Fee is guaranteed by the Contractor not to exceed « » ($ « » ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would




5

cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specific provisions if the Contractor is to participate in any savings.)

« »

§ 4.4.7.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:

« »

§ 4.4.7.3 Allowances included in the Guaranteed Maximum Price, if any:(Identify and state the amounts of any allowances, and state whether they include labor, materials, or both.)

Item Allowance

§ 4.4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price is based:

« »

ARTICLE 5 PAYMENTS§ 5.1 Progress Payments§ 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

« »

§ 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the « » day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the « » day of the « » month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than « » ( « » ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.)

§ 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum§ 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

§ 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of « » percent ( «




6

» %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions;

.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of « » percent ( « » %);

.3 Subtract the aggregate of previous payments made by the Owner; and

.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions.

§ 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances:

.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to « » percent ( « » %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and

.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions.

§ 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows:(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from

the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the

Contract Documents, insert here provisions for such reduction or limitation.)

« »

§ 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price§ 5.1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required in Exhibit A, Determination of the Cost of the Work, along with payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor’s Fee; plus (3) payrolls for the period covered by the present Application for Payment.

§ 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment.

§ 5.1.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

.1 Take the Cost of the Work as described in Exhibit A, Determination of the Cost of the Work;

.2 Add the Contractor’s Fee, less retainage of « » percent ( « » %). The Contractor’s Fee shall be computed upon the Cost of the Work described in that Section at the rate stated in that Section; or if the Contractor’s Fee is stated as a fixed sum, an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion;

.3 Subtract retainage of « » percent ( « » %) from that portion of the Work that the Contractor self-performs;

.4 Subtract the aggregate of previous payments made by the Owner;

.5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Article 5 or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and

.6 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or withdrawn a Certificate for Payment as provided in Section 9.5 of AIA Document A232™–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition.




7

§ 5.1.5.4 The Owner, Construction Manager and Contractor shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Contractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements.

§ 5.1.5.5 In taking action on the Contractor’s Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager and Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Article 5 or other supporting data; that the Construction Manager and Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager and Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner.

§ 5.1.5.6 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price§ 5.1.6.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor’s Fee; plus (3) payrolls for the period covered by the present Application for Payment.

§ 5.1.6.2 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 5.1.6.3 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.

§ 5.1.6.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.10 of AIA Document A232–2009;

.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing;

.3 Add the Contractor’s Fee, less retainage of « » percent ( « » %). The Contractor’s Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.4.2 or, if the Contractor’s Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion;

.4 Subtract retainage of « » percent ( « » %) from that portion of the Work that the Contractor self-performs;

.5 Subtract the aggregate of previous payments made by the Owner;




8

.6 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and

.7 Subtract amounts, if any, for which the Construction Manager or Architect have withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A232–2009.

§ 5.1.6.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Contractors and (2) the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements.

§ 5.1.6.6 In taking action on the Contractor’s Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager or Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner.

§ 5.1.6.7 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 5.2 Final Payment§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when

.1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Section 12.2 of AIA Document A232–2009, and to satisfy other requirements, if any, which extend beyond final payment;

.2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and

.3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows:

« »

ARTICLE 6 DISPUTE RESOLUTION§ 6.1 Initial Decision MakerThe Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232–2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker.(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker,

if other than the Architect.)

« »« »« »« »

§ 6.2 Binding Dispute ResolutionFor any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232–2009, the method of binding dispute resolution shall be as follows:(Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution

below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims

will be resolved by litigation in a court of competent jurisdiction.)

[ « » ] Arbitration pursuant to Section 15.4 of AIA Document A232–2009.




9

[ « » ] Litigation in a court of competent jurisdiction.

[ « » ] Other: (Specify)

« »

ARTICLE 7 TERMINATION OR SUSPENSION§ 7.1 Where the Contract Sum is a Stipulated Sum§ 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232–2009.

§ 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232–2009.

§ 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price§ 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232–2009.

§ 7.2.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of AIA Document A232–2009; however, the Owner shall then only pay the Contractor an amount calculated as follows:

.1 Take the Cost of the Work incurred by the Contractor to the date of termination;

.2 Add the Contractor’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor’s Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and

.3 Subtract the aggregate of previous payments made by the Owner.

§ 7.2.3 If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232–2009, the amount, if any, to be paid to the Contractor under Section 14.2.4 of AIA Document A232–2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount calculated in Section 7.2.2.

§ 7.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 7.2.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders.

§ 7.2.5 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232–2009; in such case, the Contract Sum and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A232–2009, except that the term ‘profit’ shall be understood to mean the Contractor’s Fee as described in Sections 4.3.2 and 4.4.2 of this Agreement.

ARTICLE 8 MISCELLANEOUS PROVISIONS§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A232–2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.

§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.(Insert rate of interest agreed upon, if any.)

« » % « »




10

§ 8.3 The Owner’s representative:(Name, address and other information)

« »« »« »« »« »« »

§ 8.4 The Contractor’s representative:(Name, address and other information)

« »« »« »« »« »« »

§ 8.5 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days written notice to the other party.

§ 8.6 Other provisions:

« »

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS§ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below.

§ 9.1.1 The Agreement is this executed AIA Document A132–2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition.

§ 9.1.2 The General Conditions are AIA Document A232–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition.

§ 9.1.3 The Supplementary and other Conditions of the Contract:

Document Title Date Pages

§ 9.1.4 The Specifications:(Either list the Specifications here or refer to an exhibit attached to this Agreement.)

« »

Section Title Date Pages

§ 9.1.5 The Drawings:(Either list the Drawings here or refer to an exhibit attached to this Agreement.)

« »

Number Title Date




11

§ 9.1.6 The Addenda, if any:

Number Date Pages

Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9.

§ 9.1.7 Additional documents, if any, forming part of the Contract Documents are:.1 AIA Document A132™–2009, Exhibit A, Determination of the Cost of the Work, if applicable..2 AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed, or the following:

« »

.3 AIA Document E202™–2008, Building Information Modeling Protocol Exhibit, if completed, or the following:

« »

.4 Other documents, if any, listed below:(List here any additional documents which are intended to form part of the Contract Documents. AIA

Document A232–2009 provides that bidding requirements such as advertisement or invitation to bid,

Instructions to Bidders, sample forms and the Contractor’s bid are not part of the Contract

Documents unless enumerated in this Agreement. They should be listed here only if intended to be

part of the Contract Documents.)

« »

ARTICLE 10 INSURANCE AND BONDSThe Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232–2009.(State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document

A232–2009.)

Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00)

This Agreement is entered into as of the day and year first written above.

OWNER (Signature) CONTRACTOR (Signature)

« »« » « »« »

(Printed name and title) (Printed name and title)

AIA®

Document A232 TM – 2009

General Conditions of the Contract for Construction, Construction Manager as Adviser Edition

AIA Document A232™ – 2009 (formerly A201™CMa – 1992). Copyright © 1992 and 2009 by The American Institut e of Architects . All rights reserved. WARNING: This AIA ® Document is protected by U.S. Copyright Law and In ternational Treaties. Unauthorized reproduction or distribution of this AIA ® Document, or any portion of it, may result in sever e civil and criminal penalties, and will be prosecu ted to the maximum extent possible under the law. This draft was produced by AIA software a t 14:33:11 on 08/25/2011 under Order No.8742370752_ 1 which expires on 02/15/2012, and is not for resale. User Notes: (1952863077)

1

ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

This document is intended to be used in conjunction with AIA Documents A132™–2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; B132™–2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132™–2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser.

ELECTRONIC COPYING of any portion of this AIA ® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

for the following PROJECT: (Name, and location or address)

« Spring Hill Timber Sage Elementary »

«»

«»

« »

THE CONSTRUCTION MANAGER: (Name and address)

THE OWNER: (Name and address)

«Spring Hill School District USD #230 »« »

«101 E. South Street »

«Spring Hill, KS 66083 »« »

THE ARCHITECT: (Name and address)

«DLR Group »« »

«7290 West 133rd Street »

«Overland Park, KS 66213 »« »

AIA Document A232™ – 2009 (formerly A201™CMa – 1992). Copyright © 1992 and 2009 by The American Institut e of Architects . All rights reserved. WARNING: This AIA ® Document is protected by U.S. Copyright Law and In ternational Treaties. Unauthorized reproduction or distribution of this AIA ® Document, or any portion of it, may result in sever e civil and criminal penalties, and will be prosecu ted to the maximum extent possible under the law. This draft was produced by AIA software at 14:33:11 on 08/25/2011 under Order No.8742370752_1 which expires on 02/15/2012, and is not for resale. User Notes: (1952863077)

2

TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT AND CONSTRUCTION MANAGER 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES


3

INDEX (Topics and numbers in bold are section headings.)

Acceptance of Nonconforming Work

9.6.6, 9.9.3, 12.3

Acceptance of Work

9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3

Access to Work

3.16, 6.2.1, 12.1

Accident Prevention

10

Acts and Omissions

3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 8.3.1, 9.5.1, 10.1,

10.2.5, 13.4.2, 13.7

Addenda

1.1.1, 3.11, 4.2.14

Additional Costs, Claims for

3.2.4, 3.7.4, 3.7.5, 6.1.1, 7.3, 9.10.3, 9.10.4, 10.3,

10.4, 15.1.4

Additional Inspections and Testing

4.2.8, 12.2.1, 13.5

Additional Insured

11.1.4

Additional Time, Claims for

3.7.4, 3.7.5, 6.1.1, 7.3, 8.3, 10.3

Administration of the Contract

3.10, 4.2

Advertisement or Invitation to Bid

1.1.1

Aesthetic Effect

4.2.19

Allowances

3.8, 7.3.8

All-risk Insurance

11.3.1, 11.3.1.1

Applications for Payment

4.2.7, 4.2.15, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.7, 9.8.3,

9.10.1, 9.10.3, 9.10.5, 11.1.3, 14.2.4

Approvals

2.1.1, 2.2.2, 2.4, 3.1.4, 3.10.1, 3.10.2, 3.12.4 through

3.12.10, 3.13.2, 3.15.2, 4.2.9, 9.3.2, 13.4.2, 13.5

Arbitration

8.3.1, 11.3.10, 13.1, 15.3.2, 15.4

ARCHITECT

4

Architect, Certificates for Payment

9.4

Architect, Definition of

4.1.1

Architect, Extent of Authority

5.2, 7.1.2, 7.3.7, 7.4, 9.3.1, 9.4, 9.5, 9.8.3, 9.8.4,

9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 15.1.3,

15.2.1

Architect, Limitations of Authority and

Responsibility

2.1.1, 3.12.8, 4.2.1, 4.2.2, 4.2.8, 4.2.13, 5.2.1, 9.6.4,

15.2

Architect’s Additional Services and Expenses

2.4, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2

Architect’s Administration of the Contract

4.2, 9.4, 9.5, 15.2

Architect’s Approvals

3.12.8

Architect’s Authority to Reject Work

4.2.8, 12.1.2, 12.2.1

Architect’s Copyright

1.5

Architect’s Decisions

4.2.8, 7.3.9, 7.4, 8.1.3, 8.3.1, 9.2, 9.4, 9.5, 9.8.3,

9.9.2, 13.5.2, 14.2.2, 14.2.4, 15.2

Architect’s Inspections

3.7.4, 4.2, 9.8.3, 9.9.2, 9.10.1, 13.5

Architect’s Instructions

3.2.4, 7.4, 9.4

Architect’s Interpretations

4.2.8, 4.2.17, 4.2.18

Architect’s On-Site Observations

4.2.2, 9.4, 9.5.1, 9.10.1, 12.1.1, 12.1.2, 13.5

Architect’s Project Representative

4.2.16

Architect’s Relationship with Contractor

1.1.2, 1.5, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4,

3.9.2, 3.9.3, 3.10, 3.11, 3.12.8, 3.16, 3.18, 4.2, 5.2,

6.2.2, 8.2, 11.3.7, 12.1, 13.5

Architect’s Relationship with Construction Manager

1.1.2, 9.3 through 9.10, 10.3, 13.5.1, 10.3, 11.3.7,

13.4.2, 13.5.4

Architect’s Relationship with Contractors

1.1.2, 4.2.8, 5.3, 9.6.3, 9.6.4

Architect’s Representations

9.4, 9.5, 9.10.1

Architect’s Site Visits

4.2.2, 9.4, 9.5.1, 9.8.3, 9.9.2, 9.10.1, 13.5

Asbestos

10.3.1

Attorneys’ Fees

3.18.1, 9.10.2, 10.3.3

Award of Other Contracts

6.1.1, 6.1.2

Award of Subcontracts and Other Contracts for

Portions of the Work

5.2

Basic Definitions

1.1

Bidding Requirements

1.1.1, 5.2.1, 11.4.1

Binding Dispute Resolution

9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1,

15.3.2, 15.4.1

Boiler and Machinery Insurance

11.3.2


4

BONDS, INSURANCE AND

11

Bonds, Lien

7.3.7.4, 9.10.3

Bonds, Performance and Payment

7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4

Building Permit

2.2.2, 3.7.1

Capitalization

1.3

Certificate of Substantial Completion

9.8.3, 9.8.4, 9.8.5

Certificates for Payment

4.2.2, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3,

15.1.3

Certificates of Inspection, Testing or Approval

13.5.4

Certificates of Insurance

9.3.2, 9.10.2, 11.1.3

Change Orders

1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2, 3.11, 3.12.8, 4.2.12,

4.2.13, 4.2.14, 5.2.3, 7.1.1, 7.1.2, 7.2, 7.3.2, 7.3.4,

7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2,

11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3

Change Orders, Definition of

7.2

Changes

7.1

CHANGES IN THE WORK

2.2.1, 3.4.2, 3.11, 3.12.8, 4.2.13, 4.2.14, 7, 8.3.1,

9.3.1.1

Claims, Definition of

15.1.1

CLAIMS AND DISPUTES

1.1.8, 3.2.4, 3.7.5, 6.1.1, 7.3.9, 8.3.2, 9.3.3, 9.10.3,

9.10.4, 10.3.3, 15, 15.4

Claims for Additional Cost

3.2.4, 3.7.5, 6.1.1, 7.3.9, 9.10.3, 9.10.4, 10.3.2, 10.4,

15.1.4

Claims for Additional Time

3.2.4, 3.7.5, 7, 8.3.2, 10.4, 15.1.5

Concealed or Unknown Conditions, Claims for

3.7

Claims for Damages

3.2.4, 3.18, 6.1.1, 6.2.5, 8.3.2, 9.3.3, 9.5.1.2, 9.10.2,

9.10.5, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 15.1.6

Cleaning Up

3.15, 6.3

Commencement of Statutory Limitation Period

13.7

Commencement of the Work, Definition of

8.1.2

Communications, Owner to Architect

2.2.6

Communications, Owner to Construction Manager

2.2.6

Communications, Owner to Contractor

2.2.6

Communications Facilitating Contract

Administration

3.9.1, 4.2.6

COMPLETION, PAYMENTS AND

9

Completion, Substantial

4.2.15, 8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3,

12.2.1, 12.2.2, 13.7

Concealed or Unknown Conditions

3.7.4, 4.2.8, 8.3.1, 10.3

Conditions of the Contract

1.1.1

Consolidation or Joinder

15.4.4

CONSTRUCTION BY OWNER OR BY OTHER

CONTRACTORS

1.1.4, 6

Construction Change Directive, Definition of

7.3.1

Construction Change Directives

1.1.1, 3.4.2, 3.12.8, 4.2.12, 4.2.13, 7.1.1, 7.1.2, 7.1.3,

7.3, 9.3.1.1

Construction Manager, Building Permits

2.2.2

Construction Manager, Communications through

4.2.6

Construction Manager, Construction Schedule

3.10.1, 3.10.3

CONSTRUCTION MANAGER

4

Construction Manager, Definition of

4.1.2

Construction Manager, Documents and Samples at

the Site

3.11

Construction Manager, Extent of Authority

3.12.7, 3.12.8, 4.1.3, 4.2.1, 4.2.4, 4.2.5, 4.2.9, 7.1.2,

7.2, 7.3.1, 8.3, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 9.8.2, 9.8.3,

9.8.4, 9.9.1, 12.1, 12.2.1, 14.2.2, 14.2.4

Construction Manager, Limitations of Authority and

Responsibility

4.2.5, 4.2.8, 13.4.2

Construction Manager, Submittals

4.2.9

Construction Manager’s Additional Services and

Expenses

12.2.1

Construction Manager’s Administration of the

Contract

4.2, 9.4, 9.5

Construction Manager’s Approval

2.4, 3.10.1, 3.10.2

Construction Manager’s Authority to Reject Work

4.2.8, 12.2.1

Construction Manager’s Decisions

7.3.7, 7.3.9, 9.4.1, 9.5.1

Construction Manager’s Inspections

4.2.8, 9.8.3, 9.9.2


5

Construction Manager’s On-Site Observations

9.5.1

Construction Manager’s Relationship with Architect

1.1.2, 4.2.1, 4.2.7, 4.2.8, 4.2.9, 4.2.13, 4.2.15, 4.2.16,

4.2.20, 9.2.1, 9.4.2, 9.5, 9.6.1, 9.6.3, 9.8.2, 9.8.3,

9.8.4, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 11.1.3, 12.2.4,

13.5.1, 13.5.2, 13.5.4, 14.2.2, 14.2.4

Construction Manager’s Relationship with Contractor

3.2.2, 3.2.3, 3.3.1, 3.5, 3.10.1, 3.10.2, 3.10.3, 3.11,

3.12.5, 3.12.6, 3.12.7, 3.12.8, 3.12.9, 3.12.10, 3.13.2,

3.14.2, 3.15.2, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 4.2.6,

4.2.9, 4.2.14, 4.2.17, 4.2.20, 5.2, 6.2.1, 6.2.2, 7.1.2,

7.2, 7.3.5, 7.3.7, 7.3.10, 8.3.1, 9.2, 9.3.1, 9.4.1, 9.4.2,

9.7, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 9.10.1, 9.10.2, 9.10.3,

10.1, 10.3, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4

Construction Manager’s Relationship with Owner

2.2.2, 4.2.1, 10.3.2

Construction Manager’s Relationship with Other

Contractors and Owner’s Own Forces

4.2.4

Construction Manager’s Relationship with Contractors

4.2.8, 5.3, 9.6.3, 9.6.4

Construction Manager’s Site Visits

9.5.1

Construction Schedules, Contractor’s

3.10, 3.12.1, 3.12.2, 6.1.2, 15.1.5.2

Contingent Assignment of Subcontracts

5.4, 14.2.2.2

Continuing Contract Performance

15.1.3

Contract, Definition of

1.1.2

CONTRACT, TERMINATION OR

SUSPENSION OF THE

5.4.1.1, 11.3.9, 14

Contract Administration

3.1.3, 4.2, 9.4, 9.5

Contract Award and Execution, Conditions Relating

to

3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1

Contract Documents, Copies Furnished and Use of

1.5.2, 2.2.5, 5.3

Contract Documents, Definition of

1.1.1

Contract Performance During Arbitration

15.1.3

Contract Sum

3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.2,

9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1.1, 12.3, 14.2.4,

14.3.2, 15.1.4, 15.2.5

Contract Time

3.7.4, 3.7.5, 4, 3.10.2, 5.2.3, 7.2.3, 7.3.1, 7.3.5,

7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7,

10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5

Contract Time, Definition of

8.1.1

CONTRACTOR

3

Contractor, Definition of

3.1.1

Contractor’s Construction Schedules

3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2

Contractor’s Employees

3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3,

11.1.1, 11.3.7, 14.1, 14.2.1.1

Contractor’s Liability Insurance

11.1

Contractor’s Relationship with Other Contractors and

Owner’s Own Forces

3.12.5, 3.14.2, 4.2.6, 6, 11.3, 12.1.2, 12.2.4

Contractor’s Relationship with Contractors

1.2.2, 3.3.2, 3.18, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2,

11.3.7, 11.3.8, 14.2.1.2

Contractor’s Relationship with the Architect

1.1.2, 1.5, 3.2.2, 3.2.3, 3.2.4, 3.4.2, 3.5, 3.7.4, 3.10.1,

3.11, 3.12, 3.16, 3.18, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3,

9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5,

15.1.2, 15.2.1

Contractor’s Relationship with the Construction

Manager

1.1.2, 3.2.2, 3.2.3, 3.3.1, 3.5, 3.10.1, 3.10.2, 3.10.3,

3.11, 3.12.5, 3.12.7, 3.12.9, 3.12.10, 3.13.2, 3.14.2,

3.15.1, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 5.2, 6.2.1,

6.2.2, 7.1.2, 7.3.5, 7.3.7, 7.3.10, 8.3.1, 9.2, 9.3.1,

9.4.1, 9.4.2, 9.8.2, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1,

10.2.6, 10.3, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3,

13.5.4

Contractor’s Representations

3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2

Contractor’s Responsibility for Those Performing the

Work

3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8

Contractor’s Review of Contract Documents

3.2

Contractor’s Right to Stop the Work

9.7

Contractor’s Right to Terminate the Contract

14.1

Contractor’s Submittals

3.10.2, 3.11, 3.12, 4.2.9, 9.2, 9.3, 9.8.2, 9.9.1, 9.10.2,

9.10.3, 11.1.3, 11.4.2

Contractor’s Superintendent

3.9, 10.2.6

Contractor’s Supervision and Construction

Procedures

1.2.2, 3.3, 3.4, 4.2.5, 4.2.7, 6.1, 6.2.4, 7.1.3, 7.3.5,

7.3.7, 8.2, 10, 12, 14, 15.1.3

Contractual Liability Insurance

11.1.1.8, 11.2, 11.3.1.5

Coordination and Correlation

1.2, 3.2, 3.3.1, 3.10, 3.12.6, 6.1.2, 6.2.1

Copies Furnished of Drawings and Specifications

1.5, 2.2.5, 3.11


6

Copyrights

1.5, 3.17

Correction of Work

2.3, 2.4, 9.4.1, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2

Correlation and Intent of the Contract Documents

1.2

Costs

2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3,

7.3.3.3, 7.3.6, 7.3.7, 7.3.8, 7.3.9, 11.3.1.2, 11.3.1.3,

11.3.4, 11.3.9, 12.1, 12.2.1, 13.5, 14

Cutting and Patching

3.14, 6.2.5

Damage to Construction of Owner or Other

Contractors

3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.4, 11.1.1,

11.3, 12.2.4

Damage to the Work

3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4

Damages, Claims for

3.2.4, 3.18, 6.1.1, 8.3.2, 10.3.3, 11.1.1, 11.3.5, 11.3.7,

14.2.4, 15.1.6

Damages for Delay

6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 15.1.5

Date of Commencement of the Work, Definition of

8.1.2

Date of Substantial Completion, Definition of

8.1.3

Day, Definition of

8.1.4

Decisions of the Architect

3.7.4, 4.2.7, 4.2.8, 4.2.10, 4.2.11, 4.2.13, 4.2.15,

4.2.16, 4.2.17, 4.2.18, 4.2.19, 4.2.20, 7.3.9, 8.1.3,

8.3.1, 9.2, 9.4, 9.5, 9.8.3, 9.8.4, 9.9.1, 10.1.2, 13.5.2,

14.2.2, 14.2.4, 15.1, 15.2

Decisions of the Construction Manager

7.3.7, 7.3.8, 7.3.9, 15.1, 15.2

Decisions to Withhold Certification

9.4.1, 9.5, 9.7, 14.1.1.3

Defective or Nonconforming Work, Acceptance,

Rejection and Correction of

2.3, 2.4, 3.5, 4.2.8, 6.2.5, 9.5.1, 9.6.6, 9.8.2, 9.9.3,

9.10.4, 12.2.1, 12.2.2

Definitions

1.1, 2.1.1, 3.1.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 4.1.2,

7.2, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1

Delays and Extensions of Time

3.2, 3.7.4, 5.2.3, 7.2, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2,

10.4, 14.3.2, 15.1.5, 15.2.5

Disputes

7.3.8, 7.3.9, 9.3, 15.1, 15.2

DISPUTES, CLAIMS AND

3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 15, 15.4

Documents and Samples at the Site

3.11 Drawings, Definition of

1.1.5

Drawings and Specifications, Ownership and Use

1.1.1, 1.5, 2.2.5, 3.11, 5.3

Duty to Review Contract Documents and Field

Conditions

3.2

Effective Date of Insurance

8.2.2, 11.1.2

Emergencies

10.4, 14.1.1.2, 15.1.4

Employees, Contractor’s

3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.1, 3.18.2, 4.2.3, 4.2.6,

10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1

Equipment, Labor, Materials and or

1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2, 3.12.3,

3.13.1, 3.15.1, 4.2.8, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2,

9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.2

Execution and Progress of the Work

1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5,

3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2,

9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3

Extensions of Time

3.2.4, 3.7.4, 5.2.3, 7.2.3, 7.4, 8.3, 9.5.1, 9.7, 10.3.2,

10.4, 14.3, 15.1.5, 15.2.5

Failure of Payment

9.5.1.3, 9.7, 13.6, 14.1.1.3, 14.1.3, 14.2.1.2, 15.1.4

Faulty Work (See Defective or Nonconforming

Work)

Final Completion and Final Payment

4.2.1, 4.2.15, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1,

11.3.5, 12.3, 15.2.1

Financial Arrangements, Owner’s

2.2.1

GENERAL PROVISIONS

1

Governing Law

13.1 Guarantees (See Warranty and Warranties)

Hazardous Materials

10.2.4, 10.3

Identification of Contract Documents

1.2.1

Identification of Contractors and Suppliers

5.2.1

Indemnification

3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7

Information and Services Required of the Owner

2.1.2, 2.2, 4.2.6, 6.1.2, 6.2.5, 9.6.1, 9.6.4, 9.8, 9.9.1,

9.10.3, 10.3.2, 10.3.3, 11.2, 11.3.4, 13.5.1, 13.5.2,

14.1.1.4, 14.1.3, 15.1.2

Initial Decision

15.2

Initial Decision Maker, Definition of

1.1.8

Initial Decision Maker, Extent of Authority

14.2.2, 14.2.4, 15.1.3, 15.2.2, 15.2.3, 15.2.4, 15.2.5

Injury or Damage to Person or Property

3.18.1, 10.2.1, 10.2.2, 10.2.8, 10.3, 10.3.3, 10.4,

11.1.1

Inspections

3.1.3, 3.7.1, 4.2.2, 9.8.2, 9.9.2, 9.10.1, 13.5


7

Instructions to Bidders

1.1.1

Instructions to the Contractor

3.1.4, 3.3.3, 3.7.1, 4.2.4, 5.2.1, 7, 8.2.2, 12.1, 13.5.2

Instruments of Service, Definition of

1.1.7, 1.5, 1.6

Insurance

6.1.1, 7.3.7, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5,

11

Insurance, Boiler and Machinery

11.3.2

Insurance, Contractor’s Liability

11.1

Insurance, Effective Date of

8.2.2, 11.1.2

Insurance, Loss of Use

11.3.3

Insurance, Owner’s Liability

11.2

Insurance, Property

10.2.5, 11.3

Insurance, Stored Materials

9.3.2, 11.3.1

INSURANCE AND BONDS

11 Insurance Companies, Consent to Partial Occupancy

9.9.1, 11.3.1.5

Insurance Companies, Settlement with

11.3.10

Intent of the Contract Documents

1.2, 4.2.18, 4.2.19, 7.4

Interest

9.7, 13.6

Interpretation

1.4, 4.2.8, 4.2.17, 4.2.18

Interpretations, Written

4.2.17, 4.2.18, 4.2.20

Joinder and Consolidation of Claims Required

15.4.4

Judgment on Final Award

15.4.2

Labor and Materials, Equipment

1.1.3, 1.1.6, 3.4, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.12.6,

3.12.10, 3.13.1, 3.15.1, 5.2.1, 6.2.1, 7.3.7, 9.3.2,

9.3.3, 9.5.1.3, 9.6, 9.10.2, 10.2.1.2, 11.3.1, 14.2.1,

14.2.2

Labor Disputes

8.3.1

Laws and Regulations

3.2.3, 3.2.4, 3.7, 3.13.1, 10.2.2, 10.2.3, 13.5.1, 14.2.1

Liens

2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8

Limitation on Consolidation or Joinder

15.4.4

Limitations, Statutes of

15.4.1

Limitations of Authority

3.12.4, 4.1.3, 4.2.16

Limitations of Liability

9.6.7, 11.1.1, 12.2

Limitations of Time

3.10.1, 4.2.17, 4.2.20, 8.2.1, 9.3.3, 9.6.1, 9.8.4,

9.10.2, 10.2, 11.1.3, 12.1.1, 12.2.2.2, 12.2.5, 13.7,

14.1.1, 15.2.6.1

Loss of Use Insurance

11.3.3

Material Suppliers

1.5.1, 1.5.2, 3.12, 4.2.6, 4.2.8, 9.3.1, 9.3.1.2, 9.3.3,

9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.10.5, 11.3.1

Materials, Hazardous

10.2.4, 10.3

Materials, Labor, Equipment and

1.1.3, 1.1.6, 1.5.1, 1.5.2, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2,

3.12.3, 3.12.6, 3.12.10, 3.13.1, 5.2.1, 6.2.1, 9.3.1,

9.3.2, 9.3.3, 9.5.1, 9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.10.2,

9.10.5, 10.2.1, 10.2.4, 10.3

Means, Methods, Techniques, Sequences and

Procedures of Construction

3.3.1, 3.12.10, 4.2.5, 4.2.11

Mechanic’s Lien

2.1.2, 15.2.8

Mediation

8.3.1, 10.3.5, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1

Minor Changes in the Work

1.1.1, 3.12.8, 4.2.13, 7.1, 7.4

MISCELLANEOUS PROVISIONS

13 Modifications, Definition of

1.1.1

Modifications to the Contract

1.1.1, 1.1.2, 3.11, 4.1.3, 4.2.14, 5.2.3, 7, 11.3.1

Mutual Responsibility

6.2

Nonconforming Work, Acceptance of

9.4.3, 9.8.3, 12.3

Nonconforming Work, Rejection and Correction of

2.3, 2.4, 3.2.3, 3.7.3, 9.4.3.3, 9.8.2, 9.8.3, 9.9.1,

11.1.1, 12.2.2.1, 12.2.3, 12.2.4, 12.2.5

Notice

1.5, 2.1.2, 2.2.1, 2.4, 3.2.4, 3.3.1, 3.7.1, 3.7.2, 3.7.5,

3.9.2, 3.12.9, 5.2.1, 6.3, 9.4.1, 9.7, 9.10.1, 9.10.2,

10.2.2, 10.2.6, 10.2.8, 10.3.2, 11.3.6, 12.2.2.1, 13.3,

13.5.1, 13.5.2, 14.1.2, 14.2.2, 14.4.2, 15.1.2, 15.1.4,

15.1.5.1, 15.2, 15.4.1

Notice of Claims

3.7.2, 10.2.8, 15.1.2, 15.4.1

Notice of Testing and Inspections

13.5.1, 13.5.2

Notices, Permits, Fees and

3.7, 7.3.7, 10.2.2

Observations, On-Site

3.2.1, 9.5.1, 12.1.1

Occupancy

2.2.2, 9.6.6, 9.9, 11.3.1.5

On-Site Inspections

4.2.2, 9.10.1, 9.4.4, 9.5.1


8

Orders, Written

4.2.7, 4.2.18, 4.2.20

Other Contracts and Contractors

1.1.4, 3.14.2, 4.2.9, 6, 11.3.7, 12.1.2

OWNER

2

Owner, Definition of

2.1.1

Owner, Information and Services Required of the

2.1.2, 2.2, 4.2, 6.1.2, 6.1.3, 6.2.5, 9.3.2, 9.6.1, 9.6.4,

9.9.2, 9.10.2, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2,

14.1.1, 14.1.3, 15.1.3

Owner’s Authority

1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.12.10, 3.14.2, 4.1.2, 4.1.3,

4.2.8, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2, 7.3.1,

8.2.2, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2,

11.3.3, 11.3.10, 12.2.2.1, 12.3, 13.5.2, 14.2, 14.3.1,

14.4, 15.2.7

Owner’s Financial Capability

2.2.1, 13.2.2, 14.1.1

Owner’s Liability Insurance

11.2 Owner’s Relationship with Contractors

1.1.2, 5.2.1, 5.3, 5.4.1, 9.6.4, 9.10.2, 14.2.2

Owner’s Right to Carry Out the Work

2.4, 12.2.4, 14.2.2

Owner’s Right to Clean Up

6.3

Owner’s Right to Perform Construction with Own

Forces and to Award Other Contracts

6.1

Owner’s Right to Stop the Work

2.3 Owner’s Right to Suspend the Work

14.3

Owner’s Right to Terminate the Contract

14.2

Ownership and Use of Drawings, Specifications

and Other Instruments of Service

1.1.1, 1.1.5, 1.5, 1.6, 3.11, 3.12.10, 3.17, 4.2.14,

4.2.18, 4.2.20

Partial Occupancy or Use

9.9, 11.3.1.5

Patching, Cutting and

3.14, 6.2.5

Patents and Copyrights, Royalties

3.17

Payment, Applications for

4.2.1, 4.2.7, 4.2.15, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.7,

9.10.1, 9.10.3, 9.10.5, 11.1.3

Payment, Certificates for

4.2.15, 7.3.9, 9.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1,

9.10.3, 14.1.1.3, 15.1.3

Payment, Failure of

9.4.1, 9.5, 9.7, 14.1.1.3

Payment, Final

4.2.1, 9.8.2, 9.10, 11.1.2, 11.3.1, 11.3.5, 12.3, 15.2.1

Payment Bond, Performance Bond and

5.4.1, 7.3.7, 9.6.7, 9.10.2, 9.10.3, 11, 11.4

Payments, Progress

9.3.1, 9.4.2, 9.6

PAYMENTS AND COMPLETION

9, 14

Payments to Contractors

5.4.2, 9.3, 9.5.1.3, 9.5.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7,

9.10.5, 14.2.1.2

PCB

10.3.1

Performance Bond and Payment Bond

5.4.1, 7.3.7, 9.6.7, 9.10.2, 9.10.3, 11, 11.4

Permits, Fees, Notices and Compliance with Laws

2.2.2, 3.7, 7.3.7.4, 10.2.2

PERSONS AND PROPERTY, PROTECTION

OF

10 Polychlorinated Biphenyl

10.3.1

Product Data, Definition of

3.12.2

Product Data and Samples, Shop Drawings

3.11, 3.12, 4.2.9, 4.2.10, 4.2.14

Progress and Completion

8.2, 9.3.1, 9.4.2, 9.6, 9.8, 9.10, 14.2.4, 15.1.6

Progress Payments

9.3.1, 9.4.2, 9.6

Project, Definition of

1.1.4 Project Representatives

4.2.16

Property Insurance

10.2.5, 11.3

Project Schedule

3.10.1, 3.10.3, 3.10.4, 4.2.2, 4.2.3, 4.2.4

PROTECTION OF PERSONS AND PROPERTY

10

Regulations and Laws

1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1,

10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6,

14.1.1, 14.2.1, 15.2.8, 15.4

Rejection of Work

3.5, 4.2.8, 12.2.1

Releases of and Waivers and of Liens

9.10.2

Representations

1.3, 2.2.1, 3.5, 3.12, 6.2.2, 8.2.1, 9.3.3, 9.4.3, 9.5.1,

9.8.2, 9.10.1

Representatives

2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1,

5.1.2, 13.2.1

Requests for Information

4.2.20

Resolution of Claims and Disputes

15


9

Responsibility for Those Performing the Work

3.3.2, 3.7.3, 3.12.8, 3.18, 4.2.2, 4.2.5, 4.2.8, 5.3,

6.1.2, 6.2, 6.3, 9.5.1, 9.8.2, 10

Retainage

9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3

Review of Contract Documents and Field

Conditions by Contractor

1.2.2, 3.2, 3.7.3, 3.12.7

Review of Contractor’s Submittals by Owner,

Construction Manager and Architect

3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 5.2, 9.2, 9.8.2

Review of Shop Drawings, Product Data and

Samples by Contractor

3.12.5

Rights and Remedies

1.1.2, 2.3, 2.4, 3.7.4, 3.15.2, 4.2.8, 5.3, 5.4, 6.1, 6.3,

7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2,

12.2.4, 13.4, 14, 15.4

Royalties, Patents and Copyrights

3.17 Rules and Notices for Arbitration

15.4

Safety of Persons and Property

10.2, 10.3, 10.4

Safety Precautions and Programs

3.3.1, 3.12, 4.2.5, 5.3, 10.1, 10.2, 10.3, 10.4

Samples, Definition of

3.12.3

Samples, Shop Drawings, Product Data and

3.11, 3.12, 4.2.9, 4.2.10

Samples at the Site, Documents and

3.11

Schedule of Values

9.2, 9.3.1

Schedules, Construction

3.10, 3.12.1, 3.12.2, 6.1.2, 15.1.5.2

Separate Contracts and Contractors

1.1.4, 3.12.5, 3.14.2, 4.2.6, 4.2.11, 6, 8.3.1, 12.1.2

Shop Drawings, Definition of

3.12.1

Shop Drawings, Product Data and Samples

3.11, 3.12, 4.2.9, 4.2.10, 4.2.14

Site, Use of

3.13, 6.1.1, 6.2.1

Site Inspections

3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2.2, 4.2.3, 4.2.15, 9.4.3.3,

9.8.3, 9.9.2, 9.10.1, 13.5

Site Visits, Architect’s

3.7.4, 4.2.2, 4.2.15, 9.8.3, 9.9.2, 9.10.1, 13.5

Special Inspections and Testing

4.2.8, 12.2.1, 13.5

Specifications, Definition of

1.1.6

Specifications

1.1.1, 1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14

Staffing Plan

4.2.3

Statute of Limitations

12.2.5, 13.7, 15.4.1.1

Stopping the Work

2.3, 9.7, 10.3, 14.1

Stored Materials

6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Contractor, Definition of

5.1.1 CONTRACTORS

5 Contractors, Work by

1.2.2, 3.3.2, 3.12.1, 4.2.5, 5.2.3, 5.3, 5.4, 9.3.1.2,

9.6.7

Subcontractual Relations

5.3, 5.4, 9.3.1.2, 9.6.2, 9.6.3, 9.10, 10.2.1, 14.1, 14.2

Submittals

3.2.3, 3.10, 3.11, 3.12, 4.2.9, 4.2.10, 4.2.11, 5.2.1,

5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3

Submittal Schedule

3.10.2, 3.12.5, 4.2.9, 4.2.10

Subrogation, Waivers of

6.1.1, 11.3.7

Substantial Completion

8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3, 12.2.1,

12.2.2, 13.7

Substantial Completion, Definition of

9.8.1

Substitution of Contractors

5.2.3, 5.2.4

Substitution of Architect

4.1.4

Substitution of Construction Manager

4.1.4

Substitutions of Materials

3.4.2, 3.5, 7.3.8

Sub-contractor, Definition of

5.1.2

Subsurface Conditions

3.7.4

Successors and Assigns

13.2

Superintendent

3.9, 10.2.6

Supervision and Construction Procedures

1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.3, 4.2.5, 4.2.8,

4.2.9, 4.2.10, 4.2.11, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2,

8.3.1, 9.4.3.3, 10, 12, 14, 15.1.3

Surety

5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7

Surety, Consent of

9.10.2, 9.10.3

Surveys

1.1.7, 2.2.3

Suspension by the Owner for Convenience

14.3 Suspension of the Work

5.4.2, 14.3


10

Suspension or Termination of the Contract

5.4.1.1, 14

Taxes

3.6, 3.8.2.1, 7.3.7.4

Termination by the Contractor

14.1, 15.1.6

Termination by the Owner for Cause

5.4.1.1, 14.2, 15.1.6

Termination by the Owner for Convenience

14.4

Termination of the Contractor

14.2.2

TERMINATION OR SUSPENSION OF THE

CONTRACT

14

Tests and Inspections

3.1.4, 3.3.3, 4.2.2, 4.2.6, 4.2.8, 9.4.3.3, 9.8.3, 9.9.2,

9.10.1, 10.3.2, 12.2.1, 13.5

TIME

8

Time, Delays and Extensions of

3.2.4, 3.7.4, 5.2.3, 7.2, 7.3.1, 7.4, 8.3, 9.5.1, 10.3.2,

14.3.2, 15.1.5, 15.2.5

Time Limits

2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.1,

5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3,

9.4.1, 9.4.2, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4,

12.2, 13.5, 13.7, 14, 15

Time Limits on Claims

3.7.4, 10.2.8, 13.7, 15.1.2

Title to Work

9.3.2, 9.3.3

Transmission of Data in Digital Form

1.6

UNCOVERING AND CORRECTION OF

WORK

12

Uncovering of Work

12.1 Unforeseen Conditions, Concealed or Unknown

3.7.4, 8.3.1, 10.3

Unit Prices

7.3.3.2, 7.3.4

Use of Documents

1.1.1, 1.5, 2.2.5, 3.12.6, 5.3

Use of Site

3.13, 6.1.1, 6.2.1

Values, Schedule of

9.2, 9.3.1

Waiver of Claims by the Architect

13.4.2

Waiver of Claims by the Construction Manager

13.4.2

Waiver of Claims by the Contractor

9.10.5, 13.4.2, 15.1.6

Waiver of Claims by the Owner

9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6

Waiver of Consequential Damages

14.2.4, 15.1.6

Waiver of Liens

9.10.2, 9.10.4

Waivers of Subrogation

6.1.1, 11.3.7

Warranty

3.5, 4.2.15, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2

Weather Delays

15.1.5.2

Work, Definition of

1.1.3 Written Consent

1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.3, 9.3.2, 9.8.5,

9.9.1, 9.10.2, 9.10.3, 10.3.2, 11.4.1, 13.2, 13.4.2,

15.4.4.2

Written Interpretations

4.2.17, 4.2.18

Written Notice

2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 5.3, 5.4.1.1,

8.2.2, 9.4, 9.5.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3,

12.2.2, 12.2.4, 13.3, 13.5.2, 14, 15.4.1

Written Orders

1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1,

15.1.2


11

ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents. The Contract Documents are enumerated in the Agreement between the Owner and

Contractor (hereinafter the Agreement), and consist of the Agreement, Conditions of the Contract (General,

Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract,

other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is

(1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change

Directive or (4) a written order for a minor change in the Work issued by the Architect. The Contract Documents

include bidding requirements (invitation to bid, Instructions to Bidders, sample forms, Contractor’s bid and portions

of addenda relating to bidding requirements) to the extent that such bidding requirements do not conflict with the

other Contract Documents (the other Contract Documents shall control in the event of a conflict).

§ 1.1.2 The Contract. The Contract Documents form the Contract for Construction. The Contract represents the entire

and integrated agreement between the parties hereto and supersedes prior negotiations, representations or

agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract

Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the

Architect or the Architect’s consultants, (2) between the Owner and the Construction Manager or the Construction

Manager’s consultants, (3) between the Owner and the Architect or the Architect’s consultants, (4) between the

Contractor and the Construction Manager or the Construction Manager’s consultants, (5) between the Owner and a Contractor or Sub-contractor (6) between the Construction Manager and the Architect, or (7) between any

persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be

entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their

duties.

§ 1.1.3 The Work. The term "Work" means the construction and services required by the Contract Documents,

whether completed or partially completed, and includes all other labor, materials, equipment and services provided

or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a

part of the Project.

§ 1.1.4 The Project. The Project is the total construction of which the Work performed under the Contract Documents

may be the whole or a part and which may include construction by other Multiple Prime Contractors and by the

Owner’s own forces, including persons or entities under separate contracts not administered by the Construction

Manager.

§ 1.1.5 The Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the

design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and

diagrams.

§ 1.1.6 The Specifications. The Specifications are that portion of the Contract Documents consisting of the written

requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of

related services.

§ 1.1.7 (not used)

§ 1.1.8 Initial Decision Maker. The Initial Decision Maker is the person identified in the Agreement to render initial

decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2.

§ 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and

completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by

one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent

consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the

indicated results.

§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not

control the Contractor in dividing the Work among Contractors or in establishing the extent of Work to be

performed by any trade.


12

§ 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction

industry meanings are used in the Contract Documents in accordance with such recognized meanings.

§ 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of

numbered articles or (3) the titles of other documents published by the American Institute of Architects.

§ 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and

articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in

another is not intended to affect the interpretation of either statement.

§ 1.5 Ownership and Use of Drawings, Specifications and Other Documents

§ 1.5.1 The Drawings, Specifications, and other documents prepared by the Architect shall be deemed property of the

Owner. The Contractor, Contractors, sub-contractors, and material or equipment suppliers shall not own or

claim a copyright in such documents. Submittal or distribution to meet official regulatory requirements or for other

purposes in connection with this Project is not to be construed as publication in derogation of the Architect, or

Architect’s consultants’ reserved rights.

§ 1.5.2 The Contractor, Contractors, Sub-contractors, and material or equipment suppliers are authorized to

use and reproduce the Drawings, Specifications, and other documents prepared by the Architect provided to them

solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright

notice, if any, shown on such documents. The Contractor, Contractors, Sub-contractors, and material or

equipment suppliers may not use these documents on other projects or for additions to this Project outside the scope

of the Work without the specific written consent of the Owner.

§ 1.6 Transmission of Data in Digital Form If the parties intend to transmit any information or documentation in digital form, they shall endeavor to establish

necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the

Contract Documents.

ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the

Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have

express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization.

Except as otherwise provided in Article 4, the Construction Manager and the Architect do not have such authority.

The term "Owner" means the Owner or the Owner’s authorized representative.

§ 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information

necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic’s lien rights. Such

information shall include a correct statement of the record legal title to the property on which the Project is located,

usually referred to as the site, and the Owner’s interest therein.

§ 2.2 Information and Services Required of the Owner § 2.2.1 Intentionally deleted.

§ 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,

including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements,

assessments and charges required for construction, use or occupancy of permanent structures or for permanent

changes in existing facilities. Unless otherwise provided under the Contract Documents, the Owner, through the

Construction Manager, shall secure and pay for the building permit.

§ 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for

the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of

information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the

Work.


13

§ 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with

reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control

and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the

Contractor’s written request for such information or services.

§ 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of

the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.

§ 2.2.6 The Owner shall endeavor to forward all communications to the Contractor through the Construction

Manager and shall contemporaneously provide the same communications to the Architect about matters arising out

of or relating to the Contract Documents.

§ 2.3 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as

required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the

Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such

order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part

of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent

required by Section 6.1.3.

§ 2.4 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails

within a seven-day period after receipt of written notice from the Owner to commence and continue correction of

such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the

Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting

from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including

Owner’s expenses and compensation for the Construction Manager’s and Architect’s and their respective

consultants’ additional services made necessary by such default, neglect or failure. Such action by the Owner and

amounts charged to the Contractor are both subject to prior approval of the Architect, after consultation with the

Construction Manager. If payments then or thereafter due the Contractor are not sufficient to cover such amounts,

the Contractor shall pay the difference to the Owner.

ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the

Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the

jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have

express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means

the Contractor or the Contractor’s authorized representative.

§ 3.1.2 The plural term "Multiple Prime Contractors" refers to persons or entities who perform construction under

contracts with the Owner that are administered by the Construction Manager. The term does not include the Owner’s

own forces, including persons or entities under separate contracts not administered by the Construction Manager.

§ 3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents.

§ 3.1.4 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract

Documents either by activities or duties of the Construction Manager or Architect in their administration of the

Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor.

§ 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become

generally familiar with local conditions under which the Work is to be performed and correlated personal

observations with requirements of the Contract Documents.

§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the

Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as

the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing


14

conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These

obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the

purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor

shall promptly report to the Construction Manager and Architect any errors, inconsistencies or omissions discovered

by or made known to the Contractor as a request for information submitted to the Construction Manager in such

form as the Construction Manager and Architect may require. It is recognized that the Contractor’s review is made

in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically

provided in the Contract Documents.

§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable

laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor

shall promptly report to the Construction Manager and Architect any nonconformity discovered by or made known

to the Contractor as a request for information submitted to Construction Manager in such form as the Construction

Manager and Architect may require.

§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the

Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or

3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations

of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been

avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the

Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or

omissions in the Contract Documents, for differences between field measurements or conditions and the Contract

Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules

and regulations, and lawful orders of public authorities.

§ 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The

Contractor shall be solely responsible for, and have control over, construction means, methods, techniques,

sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract

Documents give other specific instruction concerning these matters. If the Contract Documents give specific

instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall

evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite

safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means,

methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the

Owner, the Construction Manager, and the Architect and shall not proceed with that portion of the Work without

further written instructions from the Architect, through the Construction Manager. If the Contractor is then

instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of

changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely

from those Owner-required means, methods, techniques, sequences or procedures.

§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Contractors and their agents and employees, and other persons performing portions of the Work for, or on behalf

of, the Contractor or any of its Contractors.

§ 3.3.3 The Contractor shall be responsible for inspection of portions of the Project already performed to determine

that such portions are in proper condition to receive subsequent Work.

§ 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,

materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other

facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent

and whether or not incorporated or to be incorporated in the Work.

§ 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections

3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the

Architect, in consultation with the Construction Manager, and in accordance with a Change Order or Construction

Change Directive.


15

§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other

persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly

skilled in tasks assigned to them.

§ 3.5 Warranty The Contractor warrants to the Owner, Construction Manager, and Architect that materials and equipment furnished

under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The

Contractor further warrants that the Work will conform with the requirements of the Contract Documents and will

be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit.

Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s

warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the

Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If

required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind

and quality of materials and equipment.

§ 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the

Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or

merely scheduled to go into effect, and unless otherwise provided herein or by the Contract Documents.

§ 3.7 Permits, Fees, Notices, and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Owner, through the Construction Manager, shall

secure and pay for the building permit. The Contractor shall secure and pay for other permits, fees, licenses and

inspections by government agencies necessary for proper execution and completion of the Work that are customarily

secured after execution of the Contract and legally required at the time bids are received or negotiations concluded.

§ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,

rules and regulations, and lawful orders of public authorities applicable to performance of the Work.

§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes,

rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility

for such Work and shall bear the costs attributable to correction.

§ 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface

or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or

(2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and

generally recognized as inherent in construction activities of the character provided for in the Contract Documents,

the Contractor shall promptly provide notice to the Owner, Construction Manager, and the Architect before

conditions are disturbed and in no event later than 7 days after first observance of the conditions. The Architect and

Construction Manager will promptly investigate such conditions and, if the Architect, in consultation with the

Construction Manager, determines that they differ materially and cause an increase or decrease in the Contractor’s

cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the

Contract Sum or Contract Time, or both. If the Architect, in consultation with the Construction Manager, determines

that the conditions at the site are not materially different from those indicated in the Contract Documents and that no

change in the terms of the Contract is justified, the Architect shall promptly notify the Owner, Construction

Manager, and Contractor in writing, stating the reasons. If the Owner or Contractor disputes the Architect’s

determination or recommendation, either party may proceed as provided in Article 15.

§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial

markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately

suspend any operations that would affect them and shall notify the Owner, Construction Manager, and Architect.

Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental

authorization required to resume the operations. The Contractor shall continue to suspend such operations until

otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or

features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such

remains or features may be made as provided in Article 15.


16

§ 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items

covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,

but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable

objection.

§ 3.8.2 Unless otherwise provided in the Contract Documents:

.1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and

all required taxes, less applicable trade discounts;

.2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and

other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but

not in the allowances; and

.3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted

accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference

between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs

under Section 3.8.2.2.

§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.

§ 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance

at the Project site during performance of the Work. The superintendent shall represent the Contractor, and

communications given to the superintendent shall be as binding as if given to the Contractor.

§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and

Architect through the Construction Manager, the name and qualifications of a proposed superintendent. The

Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner, the

Construction Manager, or the Architect has reasonable objection to the proposed superintendent or (2) that any of

them require additional time to review. Failure of the Construction Manager to reply within the 14 day period shall

constitute notice of no reasonable objection.

§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner, Construction Manager or

Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the

Owner’s consent, which shall not unreasonably be withheld or delayed.

§ 3.10 Contractor’s Construction Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and

Architect’s information and the Construction Manager’s approval a Contractor’s construction schedule for the

Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at

appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project

schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable

execution of the Work. The Contractor shall cooperate with the Construction Manager in scheduling and performing

the Contractor’s Work to avoid conflict with, and as to cause no delay in, the work or activities of other Multiple

Prime Contractors or the construction or operations of the Owner’s own forces.

§ 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter

update it as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Construction

Manager’s and Architect’s approval. The Architect and Construction Manager’s approval shall not unreasonably be

delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule,

and (2) allow the Construction Manager and Architect reasonable time to review submittals. If the Contractor fails to

submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of

Contract Time based on the time required for review of submittals.

§ 3.10.3 The Contractor shall participate with other Contractors, the Construction Manager and Owner in reviewing

and coordinating all schedules for incorporation into the Project schedule that is prepared by the Construction

Manager. The Contractor shall make revisions to the construction schedule and submittal schedule as deemed

necessary by the Construction Manager to conform to the Project schedule.


17

§ 3.10.4 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to

the Owner, Construction Manager and Architect and incorporated into the approved Project schedule.

§ 3.11 Documents and Samples at the Site The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change

Orders and other Modifications, in good order and marked currently to indicate field changes and selections made

during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required

submittals. These documents shall be available to the Architect and delivered to the Construction Manager for

submittal to the Owner upon completion of the Work as a record of the Work as constructed.

§ 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the

Contractor or a Contractor, Sub-contractor, manufacturer, supplier or distributor to illustrate some portion of

the Work.

§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and

other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.

§ 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards

by which the Work will be judged.

§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is

to demonstrate the way by which the Contractor proposes to conform to the information given and the design

concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents

require submittals. Review by the Architect and Construction Manager is subject to the limitations of Sections 4.2.9

through 4.2.11. Informational submittals upon which the Construction Manager and Architect are not expected to

take responsive action may be so identified in the Contract Documents. Submittals that are not required by the

Contract Documents may be returned by the Construction Manager or Architect without action.

§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the

Construction Manager Shop Drawings, Product Data, Samples and similar submittals required by the Contract

Documents in accordance with the Project submittal schedule approved by the Construction Manager and Architect,

or in the absence of an approved Project submittal schedule, with reasonable promptness and in such sequence as to

cause no delay in the Work or in the activities of other Multiple Prime Contractors or the Owner’s own forces. The

Contractor shall cooperate with the Construction Manager in the coordination of the Contractor’s Shop Drawings,

Product Data, Samples and similar submittals with related documents submitted by other Multiple Prime

Contractors.

§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to

the Owner, Construction Manager, and Architect, that the Contractor has (1) reviewed and approved them, (2)

determined and verified materials, field measurements and field construction criteria related thereto, or will do so

and (3) checked and coordinated the information contained within such submittals with the requirements of the

Work and of the Contract Documents.

§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal

and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been

reviewed and approved by the Architect.

§ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of

responsibility for deviations from requirements of the Contract Documents by the Architect’s approval of Shop

Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the

Construction Manager and Architect in writing of such deviation at the time of submittal and (1) the Architect has

given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or

Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of

responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the

Architect’s approval thereof.


18

§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data,

Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on

previous submittals. In the absence of such written notice, the Architect’s approval of a resubmission shall not apply

to such revisions.

§ 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of

architecture or engineering unless such services are specifically required by the Contract Documents for a portion of

the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s

responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be

required to provide professional services in violation of applicable law. If professional design services or

certifications by a design professional related to systems, materials or equipment are specifically required of the

Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria

that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a

properly licensed design professional, whose signature and seal shall appear on all drawings, calculations,

specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings

and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear

such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled

to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or

provided by such design professionals, provided the Owner and Architect have specified to the Contractor all

performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will

review, approve or take other appropriate action on submittals only for the limited purpose of checking for

conformance with information given and the design concept expressed in the Contract Documents. The Contractor

shall not be responsible for the adequacy of the performance and design criteria specified in the Contract

Documents.

§ 3.13 Use of Site § 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes,

ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and

shall not unreasonably encumber the site with materials or equipment.

§ 3.13.2 The Contractor shall coordinate the Contractor’s operations with, and secure the approval of, the

Construction Manager before using any portion of the site.

§ 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make

its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition

existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents.

§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed

construction of the Owner’s own forces or of other Multiple Prime Contractors by cutting, patching, or otherwise

altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the

Owner’s own forces or by other Multiple Prime Contractors except with written consent of the Construction

Manager, Owner and such other Multiple Prime Contractors; such consent shall not be unreasonably withheld. The

Contractor shall not unreasonably withhold from the other Multiple Prime Contractors or the Owner the Contractor’s

consent to cutting or otherwise altering the Work.

§ 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or

rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove waste

materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials from and about

the Project.

§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner, or Construction

Manager with the Owner’s approval, may do so and the Owner shall be entitled to reimbursement from the

Contractor.


19

§ 3.16 Access to Work The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and

progress wherever located.

§ 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement

of copyrights and patent rights and shall hold the Owner, Construction Manager and Architect harmless from loss on

account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of

a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations

are contained in Drawings, Specifications or other documents prepared by the Owner, Architect, or Construction

Manager. However, if the Contractor has reason to believe that the required design, process or product is an

infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is

promptly furnished to the Architect through the Construction Manager.

§ 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the Owner,

Construction Manager, Architect, Construction Manager’s and Architect’s consultants, and agents and employees of

any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees,

arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is

attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than

the Work itself) but only to the extent caused by the negligent acts or omissions of the Contractor, a Contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether

or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall

not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as

to a party or person described in this Section 3.18.

§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor,

a Contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the

indemnification obligation under Section 3.18 shall not be limited by a limitation on amount or type of damages,

compensation or benefits payable by or for the Contractor or a Contractor under workers’ compensation acts,

disability benefit acts or other employee benefit acts.

ARTICLE 4 ARCHITECT AND CONSTRUCTION MANAGER § 4.1 General § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing

architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the

Agreement and is referred to throughout the Contract Documents as if singular in number.

§ 4.1.2 The Owner shall retain a construction manager lawfully licensed to practice construction management or an

entity lawfully practicing construction management in the jurisdiction where the Project is located. That person or

entity is identified as the Construction Manager in the Agreement and is referred to throughout the Contract

Documents as if singular in number.

§ 4.1.3 Duties, responsibilities and limitations of authority of the Construction Manager and Architect as set forth in

the Contract Documents shall not be restricted, modified or extended without written consent of the Owner,

Construction Manager, Architect and Contractor. Consent shall not be unreasonably withheld.

§ 4.1.4 If the employment of the Construction Manager or Architect is terminated, the Owner shall employ a

successor construction manager or architect as to whom the Contractor has no reasonable objection and whose status

under the Contract Documents shall be that of the Construction Manager or Architect, respectively.

§ 4.2 Administration of the Contract § 4.2.1 The Construction Manager and Architect will provide administration of the Contract as described in the

Contract Documents and will be the Owner’s representatives during construction until the date the Architect issues

the final Certificate for Payment. The Construction Manager and Architect will have authority to act on behalf of the

Owner only to the extent provided in the Contract Documents.


20

§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed

with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed,

and to determine in general if the Work observed is being performed in a manner indicating that the Work, when

fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to

make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the

site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of

the Work completed, and report to the Owner and Construction Manager (1) known deviations from the Contract

Documents and from the most recent Project schedule prepared by the Construction Manager, and (2) defects and

deficiencies observed in the Work.

§ 4.2.3 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be

in attendance at the Project site whenever the Work is being performed. The Construction Manager will determine in

general if the Work observed is being performed in accordance with the Contract Documents, will keep the Owner

reasonably informed of the progress of the Work, and will report to the Owner and Architect (1) known deviations

from the Contract Documents and the most recent Project schedule, and (2) defects and deficiencies observed in the

Work.

§ 4.2.4 The Construction Manager will schedule and coordinate the activities of the Contractor and other Multiple

Prime Contractors in accordance with the latest approved Project schedule.

§ 4.2.5 The Construction Manager, except to the extent required by Section 4.2.4, and Architect will not have control

over, or charge of, construction means, methods, techniques, sequences or procedures, or for the safety precautions

and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under

the Contract Documents, except as provided in Section 3.3.1, and neither will be responsible for the Contractor’s

failure to perform the Work in accordance with the requirements of the Contract Documents. Neither the

Construction Manager nor the Architect will have control over or charge of or be responsible for acts or omissions

of the Contractor, Contractors, or their agents or employees, or of any other persons or entities performing

portions of the Work.

§ 4.2.6 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract

Documents or when direct communications have been specially authorized, the Owner and Contractor shall

endeavor to communicate with each other through the Construction Manager, and shall contemporaneously provide

the same communications to the Architect about matters arising out of or relating to the Contract Documents.

Communications by and with the Architect’s consultants shall be through the Architect. Communications by and

with Contractors and material suppliers shall be through the Contractor. Communications by and with other

Multiple Prime Contractors shall be through the Construction Manager and shall be contemporaneously provided to

the Architect if those communications are about matters arising out of or related to the Contract Documents.

Communications by and with the Owner’s own forces shall be through the Owner.

§ 4.2.7 The Construction Manager and Architect will review and certify all Applications for Payment by the

Contractor, in accordance with the provisions of Article 9.

§ 4.2.8 The Architect and Construction Manager have authority to reject Work that does not conform to the Contract

Documents and will notify each other about the rejection. The Construction Manager shall determine in general

whether the Work of the Contractor is being performed in accordance with the requirements of the Contract

Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. Whenever the

Construction Manager considers it necessary or advisable, the Construction Manager will have authority to require

additional inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, upon written

authorization of the Owner, whether or not such Work is fabricated, installed or completed. The foregoing authority

of the Construction Manager will be subject to the provisions of Sections 4.2.18 through 4.2.20 inclusive, with

respect to interpretations and decisions of the Architect. However, neither the Architect’s nor the Construction

Manager’s authority to act under this Section 4.2.8 nor a decision made by either of them in good faith either to

exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the

Construction Manager to the Contractor, Contractors, material and equipment suppliers, their agents or

employees, or other persons performing any of the Work.

§ 4.2.9 The Construction Manager will receive and promptly review for conformance with the submittal

requirements of the Contract Documents, all submittals from the Contractor such as Shop Drawings, Product Data


21

and Samples. Where there are Multiple Prime Contractors, the Construction Manager will also check and coordinate

the information contained within each submittal received from Contractor and other Multiple Prime Contractors, and

transmit to the Architect those recommended for approval. By submitting Shop Drawings, Product Data, Samples

and similar submittals, the Construction Manager represents to the Owner and Architect that the Construction

Manager has reviewed and recommended them for approval. The Construction Manager’s actions will be taken in

accordance with the Project submittal schedule approved by the Architect or, in the absence of an approved Project

submittal schedule, with reasonable promptness while allowing sufficient time to permit adequate review by the

Architect.

§ 4.2.10 The Architect will review and approve or take other appropriate action upon the Contractor’s submittals

such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance

with information given and the design concept expressed in the Contract Documents. The Architect’s action will be

taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved

submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional

judgment to permit adequate review. Upon the Architect’s completed review, the Architect shall transmit its

submittal review to the Construction Manager.

§ 4.2.11 Review of the Contractor’s submittals by the Construction Manager and Architect is not conducted for the

purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for

substantiating instructions for installation or performance of equipment or systems, all of which remain the

responsibility of the Contractor as required by the Contract Documents. The Construction Manager and Architect’s

review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and

3.12. The Construction Manager and Architect’s review shall not constitute approval of safety precautions or, unless

otherwise specifically stated by the Construction Manager and Architect, of any construction means, methods,

techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an

assembly of which the item is a component.

§ 4.2.12 The Construction Manager will prepare Change Orders and Construction Change Directives.

§ 4.2.13 The Construction Manager and the Architect will take appropriate action on Change Orders or Construction

Change Directives in accordance with Article 7 and the Architect will have authority to order minor changes in the

Work as provided in Section 7.4. The Architect, in consultation with the Construction Manager, will investigate and

make determinations and recommendations regarding concealed and unknown conditions as provided in Section

3.7.4.

§ 4.2.14 Utilizing the documents provided by the Contractor, the Construction Manager will maintain at the site for

the Owner one copy of all Contract Documents, approved Shop Drawings, Product Data, Samples and similar

required submittals, in good order and marked currently to record all changes and selections made during

construction. These will be available to the Architect and the Contractor, and will be delivered to the Owner upon

completion of the Project.

§ 4.2.15 The Construction Manager will assist the Architect in conducting inspections to determine the dates of

Substantial Completion and the date of final completion; issue Certificates of Substantial Completion in conjunction

with the Architect pursuant to Section 9.8; and receive and forward to the Owner written warranties and related

documents required by the Contract and assembled by the Contractor pursuant to Section 9.10. The Construction

Manager will forward to the Architect a final Application and Certificate for Payment or final Project Application

and Project Certificate for Payment upon the Contractor’s compliance with the requirements of the Contract

Documents.

§ 4.2.16 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in

carrying out the Architect’s responsibilities at the site. The duties, responsibilities and limitations of authority of

such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.

§ 4.2.17 The Architect will interpret and decide matters concerning performance under, and requirements of the

Contract Documents on written request of the Construction Manager, Owner or Contractor through the Construction

Manager. The Architect’s response to such requests will be made in writing within any time limits agreed upon or

otherwise with reasonable promptness.


22

§ 4.2.18 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable

from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations

and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not

show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith.

§ 4.2.19 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent

expressed in the Contract Documents.

§ 4.2.20 The Construction Manager will receive and review requests for information from the Contractor, and

forward each request for information to the Architect, with the Construction Manager’s recommendation. The

Architect will review and respond in writing to the Construction Manager to requests for information about the

Contract Documents. The Construction Manager’s recommendation and the Architect’s response to each request

will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate,

the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for

information.

ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Contractor is a person or entity who has a direct contract with the Contractor to perform a portion of the

Work at the site. The term "Contractor" is referred to throughout the Contract Documents as if singular in

number and means a Contractor or an authorized representative of the Contractor. The term "Contractor"

does not include other Multiple Prime Contractors or contractors of other Multiple Prime Contractors.

§ 5.1.2 A Sub-contractor is a person or entity who has a direct or indirect contract with a Contractor to

perform a portion of the Work at the site. The term "Sub-contractor" is referred to throughout the Contract

Documents as if singular in number and means a Sub-contractor or an authorized representative of the Sub-contractor.

§ 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as

practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the

Owner, Construction Manager and Architect the names of persons or entities (including those who are to furnish

materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The

Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner, the

Construction Manager or the Architect has reasonable objection to any such proposed person or entity or, (2) that the

Construction Manager, Architect or Owner requires additional time for review. Failure of the Construction Manager,

Owner, or Architect to reply within the 14-day period shall constitute notice of no reasonable objection.

§ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction

Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to contract

with anyone to whom the Contractor has made reasonable objection.

§ 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by

the Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no

reasonable objection. If the proposed but rejected Contractor was reasonably capable of performing the Work,

the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such

change, and an appropriate Change Order shall be issued before commencement of the substitute Contractor’s

Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the

Contractor has acted promptly and responsively in submitting names as required.

§ 5.2.4 The Contractor shall not substitute a Contractor, person or entity previously selected if the Owner,

Construction Manager or Architect makes reasonable objection to such substitution.

§ 5.3 Subcontractual Relations By appropriate agreement, written where legally required for validity, the Contractor shall require each Contractor, to the extent of the Work to be performed by the Contractor, to be bound to the Contractor by

terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities,

including responsibility for safety of the Contractor’s Work, which the Contractor, by these Documents, assumes


23

toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the

rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to

be performed by the Contractor so that subcontracting thereof will not prejudice such rights, and shall allow to

the Contractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights,

remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner.

Where appropriate, the Contractor shall require each Contractor to enter into similar agreements with Sub-contractors. The Contractor shall make available to each proposed Contractor, prior to the execution of the

subcontract agreement, copies of the Contract Documents to which the Contractor will be bound, and, upon

written request of the Contractor, identify to the Contractor terms and conditions of the proposed subcontract

agreement that may be at variance with the Contract Documents. Contractors will similarly make copies of

applicable portions of such documents available to their respective proposed Sub-contractors.

§ 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided

that

.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to

Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Contractor and Contractor in writing; and

.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the

Contract.

When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and

obligations under the subcontract.

§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Contractor’s

compensation shall be equitably adjusted for increases in cost resulting from the suspension.

§ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a

successor Contractor or other entity. If the Owner assigns the subcontract to a successor Contractor or other entity,

the Owner shall nevertheless remain legally responsible for all of the successor Contractor’s obligations under the

subcontract.

ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS § 6.1 Owner’s Right to Perform Construction with Own Forces and to Award Other Contracts § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s

own forces, which include persons or entities under separate contracts not administered by the Construction

Manager, and to award other contracts in connection with other portions of the Project or other construction or

operations on the site under Conditions of the Contract identical or substantially similar to these including those

portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is

involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15.

§ 6.1.2 When the Owner performs construction or operations with the Owner’s own forces including persons or

entities under separate contracts not administered by the Construction Manager, the Owner shall provide for

coordination of such forces with the Work of the Contractor, who shall cooperate with them.

§ 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations

related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations

and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without

excluding others, those stated in Article 3, this Article 6, and Articles 10, 11 and 12.

§ 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner’s own forces, Construction Manager and other Multiple Prime

Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance

of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as

required by the Contract Documents.

§ 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by

the Owner’s own forces or other Multiple Prime Contractors, the Contractor shall, prior to proceeding with that


24

portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in

such other construction that would render it unsuitable for such proper execution and results. Failure of the

Contractor so to report shall constitute an acknowledgment that the Owner’s own forces or other Multiple Prime

Contractors’ completed or partially completed construction is fit and proper to receive the Contractor’s Work,

except as to defects not then reasonably discoverable.

§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs, including costs that are payable to a

separate contractor or to other Multiple Prime Contractors because of the Contractor’s delays, improperly timed

activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs

because of delays, improperly timed activities, damage to the Work or defective construction by the Owner’s own

forces or other Multiple Prime Contractors.

§ 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially

completed construction or to property of the Owner, separate contractors, or other Multiple Prime Contractors as

provided in Section 10.2.5.

§ 6.2.5 The Owner and other Multiple Prime Contractors shall have the same responsibilities for cutting and patching

as are described for the Contractor in Section 3.14.

§ 6.3 Owner’s Right to Clean Up If a dispute arises among the Contractor, other Multiple Prime Contractors and the Owner as to the responsibility

under their respective contracts for maintaining the premises and surrounding area free from waste materials and

rubbish, the Owner may clean up and the Construction Manager, with notice to the Architect, will allocate the cost

among those responsible.

ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the

Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the

limitations stated in this Article 7 and elsewhere in the Contract Documents.

§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and

Contractor; a Construction Change Directive requires agreement by the Owner, Construction Manager and Architect

and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the

Architect alone.

§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the

Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive

or order for a minor change in the Work.

§ 7.2 Change Orders A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner,

Construction Manager, Architect and Contractor, stating their agreement upon all of the following:

.1 The change in the Work;

.2 The amount of the adjustment, if any, in the Contract Sum; and

.3 The extent of the adjustment, if any, in the Contract Time.

§ 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and signed by the

Owner, Construction Manager and Architect, directing a change in the Work prior to agreement on adjustment, if

any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without

invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of

additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly.

§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change

Order.


25

§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be

based on one of the following methods:

.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to

permit evaluation;

.2 Unit prices stated in the Contract Documents or subsequently agreed upon;

.3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or

percentage fee; or

.4 As provided in Section 7.3.7.

§ 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally

contemplated are materially changed in a proposed Change Order or Construction Change Directive so that

application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or

Contractor, the applicable unit prices shall be equitably adjusted.

§ 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in

the Work involved and advise the Construction Manager and Architect of the Contractor’s agreement or

disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed

adjustment in the Contract Sum or Contract Time.

§ 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith,

including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall

be effective immediately and shall be recorded as a Change Order.

§ 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum,

the Construction Manager shall determine the method and the adjustment on the basis of reasonable expenditures

and savings of those performing the Work attributable to the change, including, in case of a material increase in the

Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in

the Agreement, a reasonable amount as determined by the Construction Manager and Architect. In such case, and

also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Construction Manager may

prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the

Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following:

.1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits

required by agreement or custom, and workers compensation insurance;

.2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or

consumed;

.3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the

Contractor or others;

.4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to

the Work; and

.5 Additional costs of supervision and field office personnel directly attributable to the change.

§ 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a

net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager and Architect.

When both additions and credits covering related Work or substitutions are involved in a change, the allowance for

overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.

§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor

may request payment for Work completed under the Construction Change Directive in Applications for Payment.

The Construction Manager and Architect will make an interim determination for purposes of monthly certification

for payment for those costs and certify for payment the amount that the Construction Manager and Architect

determine to be reasonably justified. The interim determination of cost shall adjust the Contract Sum on the same

basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article

15.

§ 7.3.10 When the Owner and Contractor agree with a determination made by the Construction Manager and

Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon

the adjustments, such agreement shall be effective immediately and the Construction Manager shall prepare a

Change Order. Change Orders may be issued for all or any part of a Construction Change Directive.


26

§ 7.4 Minor Changes in the Work The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or

extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be

effected by written order issued through the Construction Manager and shall be binding on the Owner and

Contractor.

ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in

the Contract Documents for Substantial Completion of the Work.

§ 8.1.2 The date of commencement of the Work is the date established in the Agreement.

§ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8.

§ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically

defined.

§ 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement

the Contractor confirms that the Contract Time is a reasonable period for performing the Work.

§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely

commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be

furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the

effective date of such insurance.

§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion

within the Contract Time.

§ 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of

the Owner, Owner’s own forces, Construction Manager, Architect, any of the other Multiple Prime Contractors or

an employee of any of them, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in

deliveries, unavoidable casualties or other causes beyond the Contractor’s control; or by delay authorized by the

Owner pending mediation and arbitration, or by other causes that the Architect, based on the recommendation of the

Construction Manager, determines may justify delay, then the Contract Time shall be extended by Change Order for

such reasonable time as the Architect may determine.

§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.

§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of

the Contract Documents.

ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by

the Owner to the Contractor for performance of the Work under the Contract Documents.

§ 9.2 Schedule of Values Where the Contract is based on a Stipulated Sum or Guaranteed Maximum Price, the Contractor shall submit to the

Construction Manager, before the first Application for Payment, a schedule of values allocating the entire Contract

Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its

accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the

Construction Manager or Architect, shall be used as a basis for reviewing the Contractor’s Applications for

Payment. In the event there is one Contractor, the Construction Manager shall forward to the Architect the

Contractor’s schedule of values. If there are Multiple Prime Contractors responsible for performing different


27

portions of the Project, the Construction Manager shall forward the Multiple Prime Contractors’ schedules of values

only if requested by the Architect.

§ 9.3 Applications for Payment § 9.3.1 The Contractor shall submit to the Construction Manager an itemized Application for Payment as provided in

Section 5.1.3 of the AIA A132 Agreement, prepared in accordance with the schedule of values, if required under

Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by

such data substantiating the Contractor’s right to payment as the Owner, Construction Manager or Architect may

require, such as copies of requisitions from Contractors and material suppliers, and shall reflect retainage if

provided for in the Contract Documents.

§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in

the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the

Construction Manager and Architect, but not yet included in Change Orders.

§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the

Contractor does not intend to pay a Contractor or material supplier unless such Work has been performed by

others whom the Contractor intends to pay.

§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and

equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance

by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location

agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon

compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such

materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable

insurance, storage and transportation to the site for such materials and equipment stored off the site.

§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner

no later than the time of payment. The Contractor further warrants that upon submittal of an Application for

Payment all Work for which Certificates for Payment have been previously issued and payments received from the

Owner shall be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Contractors, material suppliers, or other persons or entities making a claim by reason of having provided labor,

materials and equipment relating to the Work. The Contractor shall provide partial lien waivers from itself and its contractors and suppliers with each application for payment. At the time of final payment, Contractor, and all of

its contractors shall execute a final lien waiver and release of claims for all Work performed and materials

furnished under this Contract. All lien waivers and releases shall be in the form provided in the Contract

Documents.

§ 9.4 Certificates for Payment § 9.4.1 Where there is only one Contractor, the Construction Manager will, within seven days after the Construction

Manager’s receipt of the Contractor’s Application for Payment, review the Application, certify the amount the

Construction Manager determines is due the Contractor, and forward the Contractor’s Application and Certificate

for Payment to the Architect. Within seven days after the Architect receives the Contractor’s Application for

Payment from the Construction Manager, the Architect will either issue to the Owner a Certificate for Payment, with

a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the

Construction Manager and Owner in writing of the Architect’s reasons for withholding certification in whole or in

part as provided in Section 9.5.1. The Construction Manager will promptly forward to the Contractor the Architect’s

notice of withholding certification.

§ 9.4.2 Where there are Multiple Prime Contractors performing portions of the Project, the Construction Manager

will, within seven days after the Construction Manager receives the Multiple Prime Contractors’ Applications for

Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each of

the Multiple Prime Contractors; (2) prepare a Summary of Contractors’ Applications for Payment by combining

information from each Multiple Prime Contractors’ application with information from similar applications for

progress payments from other Multiple Prime Contractors; (3) prepare a Project Application and Certificate for

Payment; (4) certify the amount the Construction Manager determines is due all Multiple Prime Contractors; and (5)

forward the Summary of Contractors’ Applications for Payment and Project Application and Certificate for Payment

to the Architect.


28

§ 9.4.3 Within seven days after the Architect receives the Project Application and Project Certificate for Payment

and the Summary of Contractors’ Applications for Payment from the Construction Manager, the Architect will

either issue to the Owner a Project Certificate for Payment, with a copy to the Construction Manager, for such

amount as the Architect determines is properly due, or notify the Construction Manager and Owner in writing of the

Architect’s reasons for withholding certification in whole or in part as provided in Section 9.5.1. The Construction

Manager will promptly forward the Architect’s notice of withholding certification to the Contractors.

§ 9.4.4 The Construction Manager’s certification of an Application for Payment or, in the case of Multiple Prime

Contractors, a Project Application and Certificate for Payment shall be based upon the Construction Manager’s

evaluation of the Work and the information provided as part of the Application for Payment. The Construction

Manager’s certification will constitute a representation that, to the best of the Construction Manager’s knowledge,

information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance

with the Contract Documents. The certification will also constitute a recommendation to the Architect and Owner

that the Contractor be paid the amount certified.

§ 9.4.5 The Architect’s issuance of a Certificate for Payment or in the case of Multiple Prime Contractors, Project

Application and Certificate for Payment, shall be based upon the Architect’s evaluation of the Work, the

recommendation of the Construction Manager, and information provided as part of the Application for Payment or

Project Application for Payment. The Architect’s certification will constitute a representation that, to the best of the

Architect’s knowledge, information and belief, the Work has progressed to the point indicated, that the quality of the

Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount

certified.

§ 9.4.6 The representations made pursuant to Sections 9.4.4 and 9.4.5 are subject to an evaluation of the Work for

conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and

inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific

qualifications expressed by the Construction Manager or Architect.

§ 9.4.7 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a

representation that the Construction Manager or Architect has (1) made exhaustive or continuous on-site inspections

to check the quality or quantity of the Work, (2) reviewed the Contractor’s construction means, methods, techniques,

sequences or procedures, (3) reviewed copies of requisitions received from Contractors and material suppliers

and other data requested by the Owner to substantiate the Contractor’s right to payment or (4) made examination to

ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.

§ 9.5 Decisions to Withhold Certification § 9.5.1 The Construction Manager or Architect may withhold a Certificate for Payment or Project Certificate for

Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Construction

Manager’s or Architect’s opinion the representations to the Owner required by Section 9.4.4 and 9.4.5 cannot be

made. If the Construction Manager or Architect is unable to certify payment in the amount of the Application, the

Construction Manager will notify the Contractor and Owner as provided in Section 9.4.1 and 9.4.3. If the

Contractor, Construction Manager and Architect cannot agree on a revised amount, the Architect will promptly issue

a Certificate for Payment or a Project Certificate for Payment for the amount for which the Architect is able to make

such representations to the Owner. The Construction Manager or Architect may also withhold a Certificate for

Payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a

part of a Certificate for Payment or Project Certificate for Payment previously issued, to such extent as may be

necessary in the Construction Manager’s or Architect’s opinion to protect the Owner from loss for which the

Contractor is responsible, including loss resulting from the acts and omissions described in Section 3.3.2 because of

.1 defective Work not remedied;

.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless

security acceptable to the Owner, which shall be not less than 1 and one-half times the amount in

dispute, is provided by the Contractor;

.3 failure of the Contractor to make payments properly to Contractors or for labor, materials or

equipment;

.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;

.5 damage to the Owner or a separate contractor;


29

.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the

unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;

or

.7 repeated failure to carry out the Work in accordance with the Contract Documents.

§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts

previously withheld.

§ 9.5.3 If the Architect or Construction Manager withholds certification for payment under Section 9.5.1, the Owner

may, at its sole option, issue joint checks to the Contractor and to any Contractor or material or equipment

suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment

suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the

Construction Manager and both will reflect such payment on the next Certificate for Payment.

§ 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment or Project Certificate for Payment, the Owner shall

make payment in the manner and within the time provided in the Contract Documents, and shall so notify the

Construction Manager and Architect.

§ 9.6.2 The Contractor shall pay each Contractor, no later than seven days after receipt of payment from the

Owner the amount to which the Contractor is entitled, reflecting percentages actually retained from payments to

the Contractor on account of the Contractor’s portion of the Work. The Contractor shall, by appropriate

agreement with each Contractor, require each Contractor to make payments to Sub-contractors in a similar

manner. Upon payment to each Contractor, Contractor shall obtain evidence of receipt of payment by the Contractor establishing payment or satisfaction of its obligations that is sufficient to satisfy Section 9.6.4 below,

such as a receipt, release and waiver of liens, claims security interests or other encumbrances. If Contractor fails to

pay a Contractor within seven days after receipt of payment from the Owner the amount to which the Contractor is entitled, Contractor shall remit the funds owed to that Contractor to the Owner.

§ 9.6.3 The Construction Manager will, on request, furnish to a Contractor, if practicable, information regarding

percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner,

Construction Manager and Architect on account of portions of the Work done by such Contractor.

§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Contractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted

Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Contractors to ascertain whether they have been properly paid. Neither the Owner, Construction Manager nor

Architect shall have an obligation to pay or to see to the payment of money to a Contractor except as may

otherwise be required by law.

§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided

in Sections 9.6.2, 9.6.3 and 9.6.4.

§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the

Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.

§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum,

payments received by the Contractor for Work properly performed by Contractors and suppliers shall be held by

the Contractor for those Contractors or suppliers who performed Work or furnished materials, or both, under

contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require

money to be placed in a separate account and not commingled with money of the Contractor, shall create any

fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity

to an award of punitive damages against the Contractor for breach of the requirements of this provision.

§ 9.7 Failure of Payment If the Construction Manager and Architect do not issue a Certificate for Payment or a Project Certificate for

Payment, through no fault of the Contractor, within fourteen days after the Construction Manager’s receipt of the

Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date


30

established in the Contract Documents the amount certified by the Construction Manager and Architect or awarded

by binding dispute resolution, then the Contractor may, upon seven additional days’ written notice to the Owner,

Construction Manager and Architect, stop the Work until payment of the amount owing has been received. The

Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the

Contractor’s reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract

Documents.

§ 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof

is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for

its intended use.

§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept

separately, is substantially complete, the Contractor shall notify the Construction Manager, and the Contractor and

Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be

completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility

of the Contractor to complete all Work in accordance with the Contract Documents.

§ 9.8.3 Upon receipt of the list, the Architect, assisted by the Construction Manager, will make an inspection to

determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection

discloses any item, whether or not included on the list, which is not sufficiently complete in accordance with the

requirements of the Contract Documents so that the Owner can occupy or utilize the Work or designated portion

thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion,

complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a

request for another inspection by the Architect, assisted by the Construction Manager, to determine Substantial

Completion.

§ 9.8.4 When the Architect, assisted by the Construction Manager, determines that the Work or designated portion

thereof is substantially complete, the Construction Manager will prepare, and the Construction Manager and

Architect shall execute a Certificate of Substantial Completion that shall establish the date of Substantial

Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities,

damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the

list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of

Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of

Substantial Completion.

§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written

acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if

any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment

shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.

§ 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when

such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented

to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the

Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided

the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,

retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing

concerning the period for correction of the Work and commencement of warranties required by the Contract

Documents. When the Contractor considers a portion substantially complete, the Contractor and Construction

Manager shall jointly prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the

Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work

shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by

decision of the Architect after consultation with the Construction Manager.

§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and

Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and

record the condition of the Work.


31

§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not

constitute acceptance of Work not complying with the requirements of the Contract Documents.

§ 9.10 Final Completion and Final Payment § 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written notice

that the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final

Contractor’s Application for Payment. Upon receipt, the Construction Manager will evaluate the completion of

Work of the Contractor and then forward the notice and Application, with the Construction Manager’s

recommendations, to the Architect who will promptly make such inspection. When the Architect, finds the Work

acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect

will promptly issue a final Certificate for Payment or Project Certificate for Payment stating that to the best of their

knowledge, information and belief, and on the basis of their on-site visits and inspections, the Work has been

completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to

be due the Contractor and noted in the final Certificate is due and payable. The Construction Manager’s and

Architect’s final Certificate for Payment or Project Certificate for Payment will constitute a further representation

that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been

fulfilled.

§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits

to the Architect through the Construction Manager (1) an affidavit that payrolls, bills for materials and equipment,

and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible

or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing

that insurance required by the Contract Documents to remain in force after final payment is currently in effect and

will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner, (3)

a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to

cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if

required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and

waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such

form as may be designated by the Owner. If a Contractor refuses to furnish a release or waiver required by the

Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If

such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the

Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys’ fees.

§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault

of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and

Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction

Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of

the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less

than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety

to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the

Contractor to the Architect through the Construction Manager prior to certification of such payment. Such payment

shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of

Claims.

§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from

.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;

.2 failure of the Work to comply with the requirements of the Contract Documents; or

.3 terms of special warranties required by the Contract Documents.

§ 9.10.5 Acceptance of final payment by the Contractor, a Contractor or material supplier shall constitute a waiver

of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time

of final Application for Payment.


32

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs

in connection with the performance of the Contract. The Contractor’s Program shall conform, at a minimum, to the

Safety Program included by the Owner in the Contract Documents.

The Construction Manager’s responsibilities for review and coordination of safety programs shall not extend to

direct control over or charge of the acts or omissions of the Contractors, Contractors, agents or employees of the

Contractors or Contractors, or any other persons performing portions of the Work and not directly employed by

the Construction Manager.

§ 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to

prevent damage, injury or loss to

.1 employees on the Work and other persons who may be affected thereby;

.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the

site, under care, custody or control of the Contractor or the Contractor’s Contractors or Sub-contractors;

.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,

roadways, structures and utilities not designated for removal, relocation or replacement in the course

of construction; and

.4 construction or operations by the Owner or other Contractors.

§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,

rules and regulations and lawful orders of public authorities bearing on safety of persons or property or their

protection from damage, injury or loss.

§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,

reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,

promulgating safety regulations and notifying owners and users of adjacent sites and utilities.

§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are

necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under

supervision of properly qualified personnel.

§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property

insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4

caused in whole or in part by the Contractor, a Contractor, a Sub-contractor, or anyone directly or indirectly

employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is

responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of

the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them, or by

anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor.

The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18.

§ 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty

shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise

designated by the Contractor in writing to the Owner, Construction Manager and Architect.

§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or

create an unsafe condition.

§ 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of

others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not

insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice

shall provide sufficient detail to enable the other party to investigate the matter.


33

§ 10.3 Hazardous Materials § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents

regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the

Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death

to persons resulting from a material or substance, including but not limited to, asbestos or polychlorinated biphenyl

(PCB),encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately

stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in

writing.

§ 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory

to verify a presence or absence of the material or substance reported by the Contractor and, in the event such

material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the

Contract Documents, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect the

names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such

material or substance or who are to perform the task of removal or safe containment of such material or substance.

The Contractor, the Construction Manager and the Architect will promptly reply to the Owner in writing stating

whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the

Contractor, Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the

Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no

reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall

resumed upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be

extended appropriately and the Contract Sum shall be increased in the amount of the Contractor’s reasonable

additional costs of shut-down, delay and start-up.

§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Contractors, Construction Manager, Architect, their consultants, and agents and employees of any of them from

and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or

resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of

bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim,

damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of

tangible property (other than the Work itself), except to the extent that such damage, loss or expense is not due to the

fault or negligence of the party seeking indemnity.

§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings

to the site unless such materials or substances are required by the Contract Documents. The Owner shall be

responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor’s

fault or negligence in the use and handling of such materials or substances.

§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of

a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to

perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s

fault or negligence.

§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for

the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the

Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred.

§ 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to

prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor

on account of an emergency shall be determined as provided in Article 15 and Article 7.

ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor’s Liability Insurance § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do

business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims

set forth below which may arise out of or result from the Contractor’s operations and completed operations under

the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by


34

a Contractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of

them may be liable:

.1 Claims under workers’ compensation, disability benefit and other similar employee benefit acts

which are applicable to the Work to be performed;

.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the

Contractor’s employees;

.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than

the Contractor’s employees;

.4 Claims for damages insured by usual personal injury liability coverage;

.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible

property, including loss of use resulting therefrom;

.6 Claims for damages because of bodily injury, death of a person or property damage arising out of

ownership, maintenance or use of a motor vehicle; and

.7 Claims for bodily injury or property damage arising out of completed operations; and

.8 Claims involving contractual liability insurance applicable to the Contractor’s obligations under

Section 3.18.

§ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the

Contract Documents or required by law, whichever coverage is greater. Coverages written on an occurrence basis,

shall be maintained without interruption from the date of commencement of the Work until the date of final payment

and termination of any coverage required to be maintained after final payment and, with respect to the Contractor’s

completed operations coverage, until the expiration of the period for correction of Work or for such other period for

maintenance of completed operations coverage as specified in the Contract Documents.

§ 11.1.3 Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for

transmittal to the Owner with a copy to the Architect prior to commencement of the Work and thereafter upon

renewal or replacement of each required policy of insurance. These certificates and the insurance policies required

by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or

allowed to expire until at least 30 days’ prior written notice has been given to the Owner. An additional certificate

evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with

the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such

coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage

shall be furnished by the Contractor with reasonable promptness.

§ 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include

(1) the Construction Manager, the Construction Manager’s consultants, the Owner, the Architect, and the Architect’s

consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or

omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole

or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations.

§ 11.2 (Not Used)

§ 11.3 Property Insurance § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully

authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder’s

risk "all risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract

modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the

site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless

otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are

beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or

entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered,

whichever is later. This insurance shall include interests of the Owner, the Contractor, Contractors and Sub-contractors in the Project.

§ 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation,

insurance against the perils of fire (with extended coverage) and physical loss or damage including, without

duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework,

testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any


35

applicable legal requirements, and shall cover reasonable compensation for the Architect’s, Contractor’s, and

Construction Manager’s services and expenses required as a result of such insured loss.

§ 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of

the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to

commencement of the Work. The Contractor may then effect insurance that will protect the interests of the

Contractor, Contractors and Sub-contractors in the Work, and by appropriate Change Order the cost thereof

shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or

maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all

reasonable costs properly attributable thereto.

§ 11.3.1.3 If the property insurance requires deductibles, the Contractor shall pay costs not covered because of such

deductibles in the event of a loss covered by such policy.

§ 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work

in transit.

§ 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company

or companies providing property insurance have consented to such partial occupancy or use by endorsement or

otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or

companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that

would cause cancellation, lapse or reduction of insurance.

§ 11.3.2 (Not Used)

§ 11.3.3 Loss of Use Insurance. The Owner, at the Owner’s option, may purchase and maintain such insurance as will

insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The

Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including

consequential losses due to fire or other hazards however caused.

§ 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other

special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such

insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order.

§ 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or

adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final

payment property insurance is to be provided on the completed Project through a policy or policies other than those

insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of

Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All

separate policies shall provide this waiver of subrogation by endorsement or otherwise.

§ 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that

includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable

conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision

that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’

prior written notice has been given to the Contractor.

§ 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their contractors, sub-contractors, agents and employees each of the other, and (2) the Construction Manager,

Architect, Architect’s consultants, separate contractors described in Article 6, if any, and any of their contractors,

sub-contractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered

by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work,

except such rights as the Owner and Contractor may have to the proceeds of such insurance held by the Owner as

fiduciary. The Owner or Contractor, as appropriate, shall require of the Construction Manager, Construction

Manager’s consultants, Architect, Architect’s consultants, Owner’s separate contractors described in Article 6, if

any, and the contractors, sub-contractors, agents and employees of any of them, by appropriate agreements,

written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The

policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be


36

effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,

contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or

entity had an insurable interest in the property damaged.

§ 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner as fiduciary and made

payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any

applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Contractors their just shares of

insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for

validity, shall require Contractors to make payments to their Sub-contractors in similar manner.

§ 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss,

give bond for proper performance of the Owner’s duties. The cost of required bonds shall be charged against

proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the

Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in

accordance with the method of binding dispute resolution selected in the Agreement between the Owner and

Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for

convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change

in the Work in accordance with Article 7.

§ 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in

interest shall object in writing within five days after occurrence of loss to the Owner’s exercise of this power; if such

objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method

of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method

of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or distribution of insurance

proceeds in accordance with the direction of the arbitrators.

§ 11.4 Performance Bond and Payment Bond § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of

the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically

required by law or required in the Contract Documents on the date of execution of the Contract.

§ 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment

of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall

authorize a copy to be furnished.

ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Construction Manager’s or Architect’s request or to

requirements specifically expressed in the Contract Documents, it must, if requested in writing by either, be

uncovered for their observation and be replaced at the Contractor’s expense without change in the Contract Time.

§ 12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically

requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work

and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of

uncovering and replacement shall, by appropriate Change Order, be at the Owner’s expense. If such Work is not in

accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor’s expense

unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be

responsible for payment of such costs.

§ 12.2 Correction of Work § 12.2.1 Before or After Substantial Completion The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to conform

to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and

whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional

testing and inspections, the cost of uncovering and replacement, and compensation for the Construction Manager’s

and Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense.


37

§ 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within two years after the date of

Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties

established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents,

any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor

shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously

given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after

discovery of the condition. During the Two-year period for correction of Work, if the Owner fails to notify the

Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require

correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct

nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or

Architect, the Owner may correct it in accordance with Section 2.4.

§ 12.2.2.2 The two-year period shall be extended with respect to portions of Work first performed after Substantial

Completion by the period of time between Substantial Completion and the actual completion of that portion of the

Work.

§ 12.2.2.3 The two-year period for correction of Work shall not be extended by corrective Work performed by the

Contractor pursuant to this Section 12.2.

§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the

requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.

§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or

partially completed, of the Owner or separate contractors or other Multiple Prime Contractors caused by the

Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract

Documents.

§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to

other obligations the Contractor has under the Contract Documents. Establishment of the two-year period for

correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct

the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents

may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the

Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.

§ 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the

Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as

appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located except that, if the parties have

selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section

15.4.

§ 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal

representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided

in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the

other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain

legally responsible for all obligations under the Contract.

§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction

financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents.

The Contractor shall execute all consents reasonably required to facilitate such assignment.


38

§ 13.3 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the

firm or entity or to an officer of the corporation for which it was intended; or if delivered at or sent by registered or

certified mail or by courier service providing proof of delivery to, the last business address known to the party

giving notice.

§ 13.4 Rights and Remedies § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder

shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available

by law.

§ 13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute a

waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval

of or acquiescence in a breach thereunder, except as may be specifically agreed in writing.

§ 13.5 Tests and Inspections § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract

Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public

authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and

approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public

authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the

Construction Manager and Architect timely notice of when and where tests and inspections are to be made so that

the Construction Manager and Architect may be present for such procedures. The Owner shall bear costs of (1) tests,

inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and

(2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from

delegating their cost to the Contractor.

§ 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that

portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the

Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to

make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the

Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and

inspections are to be made so that the Construction Manager and Architect may be present for such procedures. Such

costs except as provided in Section 13.5.3, shall be at the Owner’s expense.

§ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the

portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary

by such failure including those of repeated procedures and compensation for the Construction Manager’s and

Architect’s services and expenses shall be at the Contractor’s expense.

§ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract

Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the

Architect.

§ 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the

Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the

normal place of testing.

§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid

unreasonable delay in the Work.

§ 13.6 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate

as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at

the place where the Project is located.


39

§ 13.7 Time Limits on Claims The Owner and the Contractor shall commence all claims and causes of action, whether in contract, tort, breach of

warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements

of the final dispute resolution method selected in the Agreement within the time period specified by applicable law,

but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and the

Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7.

ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days

through no act or fault of the Contractor or a Contractor, Sub-contractor or their agents or employees or any

other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for

any of the following reasons:

.1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to

be stopped;

.2 An act of government, such as a declaration of national emergency that requires all Work to be

stopped;

.3 Because the Construction Manager has not certified or the Architect has not issued a Certificate for

Payment and has not notified the Contractor of the reason for withholding certification as provided in

Section 9.4, or because the Owner has not made payment on a Certificate for Payment within the time

stated in the Contract Documents; or

§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Contractor, Sub-contractor or their agents or employees or any other persons or entities performing portions of the Work

under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work

by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of

days scheduled for completion, or 120 days in any 365-day period, whichever is less.

§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’

written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the

Owner payment for Work executed including reasonable overhead and profit, costs incurred by reason of such

termination, and damages.

§ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Contractor or their agents or employees or any other persons performing portions of the Work under contract

with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract

Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional

days’ written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the

Owner as provided in Section 14.1.3.

§ 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor

.1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials;

.2 fails to make payment to Contractors for materials or labor in accordance with the respective

agreements between the Contractor and the Contractors, or fails to provide lien waivers from Contractors as provided for by these General Conditions and the Contract Documents;

.3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful

orders of a public authority; or

.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.

§ 14.2.2 When any of the above reasons exist, the Owner, after consultation with the Construction Manager, and

upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without

prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if

any, seven days’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the

surety:

.1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and

construction equipment and machinery thereon owned by the Contractor;

.2 Accept assignment of subcontracts pursuant to Section 5.4; and


40

.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written

request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs

incurred by the Owner in finishing the Work.

§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall

not be entitled to receive further payment until the Work is finished.

§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for

the Construction Manager’s and Architect’s services and expenses made necessary thereby, and other damages

incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and

damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to

the Contractor or Owner, as the case may be, shall, upon application, be certified by the Initial Decision Maker after

consultation with the Construction Manager, and this obligation for payment shall survive termination of the

Contract.

§ 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in

whole or in part for such period of time as the Owner may determine.

§ 14.3.2 The Contract Sum and the Contract Time shall be adjusted for increases in the cost and time caused by

suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include

profit. No adjustment shall be made to the extent:

.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause

for which the Contractor is responsible; or

.2 that an equitable adjustment is made or denied under another provision of this Contract.

§ 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause.

§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the

Contractor shall

.1 cease operations as directed by the Owner in the notice;

.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work;

and

.3 except for Work directed to be performed prior to the effective date of termination stated in the

notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts

and purchase orders.

§ 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment

for Work executed, and costs incurred by reason of such termination.

ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of

money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and

matters in question between the Owner and Contractor arising out of or relating to the Contract The responsibility to

substantiate Claims shall rest with the party making the Claim.

§ 15.1.2 Notice of Claims. Claims by either the Owner or Contractor must be initiated by written notice to the other

party and to the Initial Decision Maker with a copy sent to the Construction Manager and Architect, if the

Construction Manager and or Architect is not serving as the Initial Decision Maker. Claims by either party must be

initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant

first recognizes the condition giving rise to the Claim, whichever is later.

§ 15.1.3 Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing

or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the

Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The


41

Construction Manager will prepare Change Orders and the Architect will issue a Certificate for Payment or Project

Certificate for Payment in accordance with the decisions of the Initial Decision Maker.

§ 15.1.4 Claims for Additional Cost. If the Contractor wishes to make a Claim for an increase in the Contract Sum,

written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required

for Claims relating to an emergency endangering life or property arising under Section 10.3.

§ 15.1.5 Claims for Additional Time § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided

herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on

progress of the Work. In the case of a continuing delay only one Claim is necessary.

§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be

documented by historic climatic data from the National Oceanic and Atmospheric Administration (NOAA)

substantiating that local weather conditions were abnormal for the period of time, could not have been reasonably

anticipated and had an adverse effect on the scheduled construction. Additional time shall be the only relief

permitted when adverse weather conditions are the basis of a Claim for an increase in the Contract Time. Claims for

increases in costs and the Contract Sum shall not be permitted in the event of a Claim for additional time due to

adverse weather conditions.

§ 15.1.6 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for

consequential damages arising out of or relating to this Contract. This mutual waiver includes

.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,

business and reputation, and for loss of management or employee productivity or of the services of

such persons; and

.2 damages incurred by the Contractor for principal office expenses including the compensation of

personnel stationed there, for losses of financing, business and reputation, and for loss of profit

except anticipated profit arising directly from the Work.

This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination

in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of

liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.

§ 15.2 Initial Decision § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial

Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise

indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be

required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30

days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been

rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide

disputes between the Contractor and persons or entities other than the Owner.

§ 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or

more of the following actions: (1) request additional supporting data from the claimant or a response with supporting

data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise,

or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker

lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the

Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the

Claim.

§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek

information from either party or from persons with special knowledge or expertise who may assist the Initial

Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of

such persons at the Owner’s expense.

§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional

supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a

response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting

8 1988-2010 ACORD CORPORATION. All rights reserved.

ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYY)

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT NAME: Shirley Temple

ABC Insurance Agency

Main Street

Your Town, USA 1111

PHONE

(A/C, No, Ext): 555-1212

FAX

(A/C, No): 555-1414

E-MAIL

ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE NAIC #

INSURER A: ABC Insurance Company 11111

INSURED INSURER B:

ABC Contractor

Main Avenue Your City, USA 22222

INSURER C:

INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 2011-12 REVISION NUMBER: 0

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR LTR TYPE OF INSURANCE

ADDL INSR

SUBR WVD POLICY NUMBER

POLICY EFF (MM/DD/YYYY)

POLICY EXP (MM/DD/YYYY) LIMITS

A GENERAL LIABILITY Y Y POLICY # 01/01/11 12/31/111 EACH OCCURRENCE $ 2,000,000

COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000

CLAIMS-MADE OCCUR MED EXP (Any one person) $ 5,000

Contractual Liability PERSONAL & ADV INJURY $ 1,000,000

GENERAL AGGREGATE $ 2,000,000

GENERAL AGGREGATE LIMIT APPLIES PER: PRODUCTS – COMP/OP AGG $ 2,000,000

POLICY PROJECT LOC

$

A AUTOMOBILE LIABILITY Y Y POLICY # 01/01/11 12/31/11 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000

ANY AUTO BODILY INJURY (Per person) $

ALL OWNED SCHEDULED

AUTOS AUTOS BODILY INJURY (Per accident) $

HIRED AUTOS NON-OWNED

AUTOS AUTOS

PROPERTY DAMAGE (Per accident) $

$

A UMBRELLA LIAB OCCUR POLICY# (Limits can be used to meet limits required)

01/01/11 12/31/11 EACH OCCURRENCE $

EXCESS LIAB CLAIMS-MADE AGGREGATE $

DED RETENTION $ $

A WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y / N

(Mandatory in NH)

If yes, describe under DESCRIPTION OF OPERATIONS below

N/A

Y If Applicable

POLICY # 01/01/11 12/31/11 WC STATUTORY OTHER LIMITS

E.L. EACH ACCIDENT $ 1,000,000

E.L. DISEASE – EA EMPLOYEE $ 1,000,000

E.L. DISEASE – POLICY LIMIT $ 1,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)

(NOTE: Actual policy endorsements must be attached if wording below is not shown) Additional Insureds for On-Going & Completed Operations for General Liability: Certificate Holder(Owner); Nabholz Construction Corporation(Construction Manager) and its subsidiaries, affiliates, employees, agents and principals. Additional Insured On-Going Operations: Architect/Engineer Insurance is Primary and Non-Contributory. Subrogation applies in favor of all parties listed above with respects to General Liability and Automobile Liability as allowed by law. NOTE: A copy of the additional insured forms must be attached for verification.

CERTIFICATE HOLDER CANCELLATION

Garnett USD 465 PO Box 328 Garnett, KS 66032

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

SAMPLE

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 201010 01

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name of Person or Organization:

(If no entry appears above, information required to campi applicable to this endorsement.)

A. Section II - Who Is An Insured is amend include as an insured the person or organiz shown in the Schedule, but only with r liability arising out of your ongoing o performed for that insured.

B. With respect to the insurance affor additional insureds, the followi added: '\

2. Exclusions . . ,l This insurance does not applylto' "bodily injury" or "property damage" occurring after:

rsement will be shown in the Declarations as

(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or

(2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or contractor engaged in performing operations for a principal as a part of the same project.

CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 D 2 of 6

Nabholz Construction Corporation, its parent and affiliated companies; Project Owner; Project Architects and Engineers; and each of their respective employees, agents, and principals; Indemnitees noted in Article X, and as otherwise noted in the Prime Contract.

[POLICY NUMBER MUST MATCH GL POLICY ON CERTIFICATE]

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 3710 01

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name of Person or Organization:

Location And Description of Completed Operations:

Additional Premium:

(If no entry appears above, information r complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

Section II - Who Is An Insured eqcfed to include as an insured the person or organization shown in the Schedule, but only with respect to liabil~rising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard".

CG 20 3710 01 © ISO Properties, Inc., 2000 Page 1 of 1 D 3 of 6

Nabholz Construction Corporation, its parent and affiliated companies; Project Owner; Project Architects and Engineers; and each of their respective employees, agents, and principals; Indemnitees noted in Article X, and as otherwise noted in the Prime Contract.


4 of 6



42

data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon

receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim

in whole or in part.

§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that

the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the

reasons therefor; and (3) notify the parties and the Architect and Construction Manager, if the Architect or

Construction Manager is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract

Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties

fail to resolve their dispute through mediation, to litigation in the District Court of Johnson County, Kansas.

§ 15.2.6 Either party may file for mediation of an initial decision at any time.

§ 15.2.6.1 (not used)

§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if

any of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner

may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.

§ 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in

accordance with applicable law to comply with the lien notice or filing deadlines.

§ 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those

waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent

to litigation.

§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation to be conducted by a mediator mutually

agreed to by the parties. The mediator’s fee shall be shared equally by the parties.

§ 15.3.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the

place where the Project is located, unless another location is mutually agreed upon. Agreements reached in

mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

§ 15.4 Arbitration – Not Used

1

AB

CD

EF

HI

FR

OM

PR

EV

IOU

S

AP

PL

ICA

TIO

N

(D +

E)

TH

IS P

ER

IOD

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

GR

AN

D T

OT

AL

0.0

00.0

00.0

00.0

00.0

00.0

0%

0.0

00.0

0

RE

TA

INA

GE

(IF V

AR

IAB

LE

RA

TE

)

BA

LA

NC

E T

O

FIN

ISH

(C - G

)

%

(G ÷

C)

AR

CH

ITE

CT

'S P

RO

JEC

T N

O:

AIA® Document G703™ – 1992

AP

PL

ICA

TIO

N N

O:

Continuation Sheet

AIA

Docu

men

t, G702

TM

–1992, A

pplicatio

n an

d C

ertification fo

r Pay

men

t, or G

736

TM

–2009,

Pro

ject Applicatio

n an

d P

roject C

ertificate for P

aym

ent, C

onstru

ction M

anag

er as Adviser E

ditio

n,

contain

ing C

ontracto

r's signed

certification is attach

ed.

In tab

ulatio

ns b

elow

, amounts are in

US

dollars.

Use C

olu

mn I o

n C

ontracts w

here v

ariable retain

age fo

r line item

s may

apply

.

AP

PL

ICA

TIO

N D

AT

E:

001

PE

RIO

D T

O:

ITE

M

NO

.

SC

HE

DU

LE

D

VA

LU

E

WO

RK

CO

MP

LE

TE

D

DE

SC

RIP

TIO

N O

F

WO

RK

TO

TA

L

CO

MP

LE

TE

D A

ND

ST

OR

ED

TO

DA

TE

(D +

E +

F)

MA

TE

RIA

LS

PR

ES

EN

TL

Y

ST

OR

ED

(NO

T IN

D O

R E

)

G

1

AP

PL

ICA

TIO

N N

O:

PE

RIO

D T

O:

CO

NT

RA

CT

DA

TE

:

PR

OJE

CT

NO

S:

//

Date:

State o

f:

Co

un

ty o

f:

a.

0

$0

.00

day

of

b.

0N

otary

Pu

blic:

$0

.00

My C

om

missio

n ex

pires:

CE

RT

IFIC

AT

E F

OR

PA

YM

EN

T

F

$0

.00

AD

DIT

ION

S

$0

.00

Date:

$0

.00

AIA® Document G732™ – 2009

To

tal Retain

age (L

ines 5

a +

5b

, or T

ota

l in C

olu

mn

I on

G7

03

)…

……

……

……

……

……

AM

OU

NT

CE

RT

IFIE

D……………………………………………………………..

me th

is

MA

NA

GE

R:

$0

.00

4. TO

TA

L C

OM

PL

ET

ED

AN

D S

TO

RE

D T

O D

AT

E (C

olu

mn

G o

n G

70

3)……………………..

$0

.00

9. BA

LA

NC

E T

O F

INIS

H, IN

CL

UD

ING

RE

TA

INA

GE

Su

bscrib

ed an

d sw

orn

to b

efore

(Atta

ch exp

lan

atio

n if a

mo

un

t certified d

iffers from

the a

mo

un

t ap

plied

. Initia

l all fig

ures o

n th

is

Ap

plica

tion

an

d o

n th

e Co

ntin

ua

tion

Sh

eet tha

t are ch

an

ged

to co

nfo

rm w

ith th

e am

ou

nt certified

.)

By:

In acco

rdan

ce with

the C

on

tract Do

cum

ents, b

ased o

n ev

aluatio

ns o

f the W

ork

and

the d

ata

com

prisin

g th

is app

lication

, the C

on

structio

n M

anag

er and

Arch

itect certify to

the O

wn

er that to

the

best o

f their k

no

wled

ge, in

form

ation

and

belief th

e Wo

rk h

as pro

gressed

as ind

icated, th

e qu

ality o

f

the W

ork

is in acco

rdan

ce with

the C

on

tract Do

cum

ents, an

d th

e Co

ntracto

r is entitled

to p

aym

ent o

f

the A

MO

UN

T C

ER

TIF

IED

.

$0

.00

CO

NS

TR

UC

TIO

N M

AN

AG

ER

:

Date:

By:

AR

CH

ITE

CT

: (NO

TE

: If Mu

ltiple P

rime C

on

tracto

rs are resp

on

sible fo

r perfo

rmin

g p

ortio

ns o

f the

Pro

ject, the A

rchitect's C

ertificatio

n is n

ot req

uired

.)

5. RE

TA

INA

GE

:

TO

TA

LS

$0

.00

DE

DU

CT

ION

S

$0

.00

$0

.00

7. LE

SS

PR

EV

IOU

S C

ER

TIF

ICA

TE

S F

OR

PA

YM

EN

T…………………………………………….$

0.0

0

To

tal chan

ges ap

pro

ved

in p

revio

us m

on

ths b

y O

wn

er

SU

MM

AR

Y O

F C

HA

NG

ES

IN T

HE

WO

RK

(Lin

e 3 m

inu

s Lin

e 6)

% o

f Co

mp

leted W

ork

$0

.00

(Lin

e 4 m

inu

s Lin

e 5 T

ota

l)

$0

.00

$0

.00

(Co

lum

n D

+ E

on

G7

03

:

$0

.00

(Co

lum

n F

on

G7

03

:

8. CU

RR

EN

T P

AY

ME

NT

DU

E…………………………………………………………………

6. TO

TA

L E

AR

NE

D L

ES

S R

ET

AIN

AG

E……………………………………………………….

)=

)=

% o

f Sto

red M

aterial

(Lin

e 6 fro

m p

rior C

ertificate)

Application and Certificate for Payment, Construction Manager as Adviser Edition

TO

OW

NE

R:

CO

NT

RA

CT

OR

:

DIS

TR

IBU

TIO

N T

O:

CO

NS

TR

UC

TIO

N M

AN

AG

ER

Test

Th

e un

dersig

ned

Co

ntracto

r certifies that to

the b

est of th

e Co

ntracto

r's kn

ow

ledge, in

form

ation

and

belief th

e Wo

rk co

vered

by th

is Ap

plicatio

n fo

r Pay

men

t has b

een co

mp

leted in

accord

ance w

ith th

e

Co

ntract D

ocu

men

ts, that all am

ou

nts h

ave b

een p

aid b

y th

e Co

ntracto

r for W

ork

for w

hich

prev

iou

s

Certificates fo

r Pay

men

t were issu

ed an

d p

aym

ents receiv

ed fro

m th

e Ow

ner, an

d th

at curren

t

pay

men

t sho

wn

herein

is no

w d

ue.

FIE

LD

AR

CH

ITE

CT

$0

.00

Ap

plicatio

n is m

ade fo

r pay

men

t, as sho

wn

belo

w, in

con

nectio

n w

ith th

e Co

ntract.

AIA

Do

cum

ent G

70

3™

, Co

ntin

uatio

n S

heet, is attach

ed.

CO

NT

RA

CT

FO

R:

Gen

eral Co

nstru

ction

CO

NT

RA

CT

OR

'S A

PP

LIC

AT

ION

FO

R P

AY

ME

NT

1. OR

IGIN

AL

CO

NT

RA

CT

SU

M………………………………………………………….

$0

.00

CO

NT

RA

CT

OR

OW

NE

R

VIA

AR

CH

ITE

CT

:

Th

is Certificate is n

ot n

ego

tiable. T

he A

MO

UN

T C

ER

TIF

IED

is pay

able o

nly

to th

e Co

ntracto

r

nam

ed h

erein. Issu

ance, p

aym

ent an

d accep

tance o

f pay

men

t are with

ou

t preju

dice to

any rig

hts o

f

the O

wn

er or C

on

tractor u

nd

er this C

on

tract.

FR

OM

00

1

VIA

CO

NS

TR

UC

TIO

N

PR

OJE

CT

:

2. NE

T C

HA

NG

ES

IN T

HE

WO

RK…………………………………………………………..

3. CO

NT

RA

CT

SU

M T

O D

AT

E (L

ine 1

± 2

) …

…………………………………………..

CO

NT

RA

CT

OR

:

By:

To

tal app

roved

this m

on

th in

clud

ing C

on

structio

n

Ch

ange D

irectives

$0

.00

$0

.00

NE

T C

HA

NG

ES

IN T

HE

WO

RK

$0

.00

67


.04 Nothing Hits the Floor

Nothing Hits the Floor is an initiative to improve productivity, reduce waste and construction debris, improve

housekeeping, and enhance worker safety on the project. Contractor agrees to actively participate in the

program, which includes but is not limited to the following activities:

1. All materials brought into the building shall immediately be loaded onto wheeled carts or dollies to

allow easy movement and facilitate organization within the work areas.

2. Flow of work activities shall be planned to minimize or eliminate off-cuts, debris, and excess materials

from piling up on the floor. Waste and recycling containers in the building shall be wheeled to facilitate

efficient placement and ease of debris transport.

3. All work areas shall be kept clean and well organized, and shall be broom swept, with no materials left

on the floor at the end of the work day.

4. All materials small tools are to be neatly stored and organized and work areas kept free of waste, debris,

surplus equipment and surplus materials.

5. Contractor shall participate, at Construction Manager’s discretion, in a project-wide cleanup effort to

maintain housekeeping of common areas.

6. Right-time material deliveries are encouraged. Materials delivered to jobsite shall be incorporated into

the Work within 10 days of delivery. Materials stored on site shall be roped off and labeled with

contractor’s name, contractor’s Foreman’s name and phone number, and the date of material delivery.

7. Whenever feasible, assembly of components shall be accomplished at tabletop height to encourage

more ergonomically correct posture for craftsmen.

8. Wherever feasible, contractor shall unpackage materials and dispose of packaging waste at his own

shop.

9. Wherever feasible, contractor shall endeavor to utilize cordless tools to eliminate the trip hazards

associated with electrical extension cords.

10. Wherever feasible, and with the prior approval of the Construction Manager, contractor shall endeavor

to prefabricate components off-site in a warehouse or other controlled environment to eliminate

jobsite cut-off debris, improve quality, and reduce safety hazards.