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STAR ROOFING, INC., 9201 N. 9TH AVE, PHOENIX, AZ 85021
COMPANY NAME: Star Roofing, Inc
DOING BUSINESS AS (DBA) NAME: Star Roofing, Inc
MAILING ADDRESS: 9201 N 9th Ave., Phoenix, AZ 85021
REMIT TO ADDRESS: 9201 N 9th Ave., Phoenix, AZ 85021
TELEPHONE NUMBER: 602-944-3323
FACSIMILE NUMBER: 602-944-4749
WEB SITE: www.starroofingaz.com
REPRESENTATIVE NAME: Jeffrey P. Klein
REPRESENTATIVE TELEPHONE NUMBER: 602-944-3323
REPRESENTATIVE E-MAIL: jklein@starroofingaz.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM
THIS CONTRACT:
Unit Total
Title Price Qty UofM Price
COUNTY ADMINISTRATION BUILDING RE-ROOFING $678,557.00 1 lump sum $678,557.00
PRICING SHEET: NIGP CODE: 91066
Terms: 1% 10 DAYS NET 30 DAYS
Vendor Number: 2011005469 0
Certificates of Insurance Required
Contract Period: To cover the period ending March 31, 2016.
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COUNTY ADMINISTRATION BUILDING RE-ROOFING
1.0 INTENT:
Maricopa County is soliciting bids from firms to re-roof the County Administrative Building.
Other governmental entities under agreement with the County may have access to services provided
hereunder (see also Sections 3.29 and 3.308, below).
The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where
the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to
ensure adequate competition on any project or task order work.
2.0 SPECIFICATIONS:
2.1 REFER TO ATTACHMENTS E, F, G FOR TECHNICAL REQUIREMENTS
2.2 TECHNICAL AND DESCRIPTIVE SALES LITERATURE:
The Contractor shall provide copies of its sales literature and brochures and copies of any
manufacturer’s technical and/or descriptive literature regarding the material(s) the Contractor
proposes to provide. Literature shall include sufficient, in-detail, to allow full and fair evaluation
of the material(s) submitted, and must be included with the bid. Failure to include this
information may result in the bid being rejected.
3.0 PURCHASING REQUIREMENTS:
3.1 ACCEPTANCE:
Upon delivery and successful installation, the material(s) shall be deemed accepted and the
warranty period shall begin. All documentation shall be completed prior to final acceptance.
3.2 FACILITIES:
During the course of this Contract, the County shall provide the Contractor’s personnel with
adequate workspace for consultants and such other related facilities as may be required by
Contractor to carry out its obligation enumerated herein.
3.3 BACKGROUND CHECK:
Bidders/proposers need to aware that there may be multiple background checks (Sheriff’s Office,
County Attorney's Office, Courts as well as Maricopa County general government) to determine if
the respondent is acceptable to do business with the County. This applies to (but is not limited
to)the company, sub-contractors and employees and the failure to pass these checks shall deem the
respondent non-responsible.
3.4 INVOICES AND PAYMENTS:
3.4.1 The Contractor shall submit one (1) legible copy of their detailed invoice before
payment(s) can be made. Invoices are required to contain the following information:
• Company name, address and contact
• County bill-to name and contact information
• Building Name and Building Number
• County purchase order number
• Maximo (FMD) service call number
• Invoice number and date
• Date of service or delivery
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• Description of Purchase (services performed)
• Pricing per unit of purchase
• Extended price
• Arrival and completion time
• Total Amount Due
3.4.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on
the Purchase Order.
3.4.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Contractor shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site
(http://www.maricopa.gov/Finance/Vendors.aspx).
3.4.4 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
3.5 APPLICABLE TAXES:.
3.5.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor’s invoices.
3.5.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all
applicable state and local transaction privilege taxes. To the extent any state and local
transaction privilege taxes apply to sales made under the terms of this contract it is the
responsibility of the seller to collect and remit all applicable taxes to the proper taxing
jurisdiction of authority.
3.5.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and
local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall, and require all subcontractors to hold Maricopa County harmless from
any responsibility for taxes, damages and interest, if applicable, contributions required
under Federal, and/or state and local laws and regulations and any other costs including
transaction privilege taxes, unemployment compensation insurance, Social Security and
Worker’s Compensation.
3.6 TAX: (SERVICES)
No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and
all taxes and include the same in proposal price.
3.7 DELIVERY:
It shall be the Contractor’s responsibility to meet the proposed delivery requirements. Maricopa
County reserves the right to obtain services on the open market in the event the Contractor fails to
make delivery and any price differential will be charged against the Contractor.
3.8 POST AWARD MEETING:
The Contractor may be required to attend a post-award meeting with the Using Agency to discuss the
terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of
the Contract.
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3.9 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE)
The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful
Respondent under this solicitation, a member of $AVE may access a contract resulting from a
solicitation issued by the County. If you do not want to grant such access to a member of $AVE,
please so state in your proposal. In the absence of a statement to the contrary, the County will
assume that you do wish to grant access to any contract that may result from this Request for
Proposal.
3.10 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)
County currently holds ICPA’s with numerous governmental entities throughout the State of
Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase
their requirements under the terms and conditions of the County Contract. Please indicate on
Attachment A, your acceptance or rejection regarding such participation of other governmental
entities. Your response will not be considered as an evaluation factor in awarding a contract.
4.0 CONTRACTUAL TERMS & CONDITIONS:
4.1 CONTRACT TERM:
This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a term of
one (1) year with all work to be completed by June 30, 2015.
4.2 INDEMNIFICATION:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses
are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend
indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers,
directors, officials, and employees from and against all claims, damages, losses, and expenses
(including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the
negligent acts, errors, omissions, or mistakes relating to the performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
agents, officers, directors, officials, and employees shall arise in connection with any claim,
damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to,
impairment of, or destruction of tangible property, including loss of use resulting there from,
caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but
only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any
one 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.
The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as
"indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the
negligent performance of this Agreement, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence,
misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or
volunteers.
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4.3 INSURANCE:
Lessee, its contractors and subcontractors at Lessee’s or its contractors’ and subcontractors’ own
expense, shall purchase and maintain the herein stipulated minimum insurance from a company or
companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of
B++ 6. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a
company or companies, which are authorized to do business in the State of Arizona, provided that
said insurance companies meet the approval of Lessor. The form of any insurance policies and
forms must be acceptable to Lessor. All insurance required herein shall be maintained in full force
and effect until all work or service required to be performed under the terms of the Lease is
satisfactorily completed and formally accepted and until the use of the Premises as contemplated
in this Lease has been terminated. Failure to do so may, at the discretion of Lessor, constitute a
material breach of this Lease. Lessee’s insurance shall be primary insurance as respects Lessor,
and any insurance or self-insurance maintained by Lessor shall not contribute to it. Any failure to
comply with the claim reporting provisions of the insurance policies or any breach of an insurance
policy warranty shall not affect the Lessor’s right to coverage afforded under the insurance
policies. The insurance policies may provide coverage that contains deductibles or self-insurance
retentions. Such deductible and/or self-insurance retentions shall not be applicable with respect to
the coverage provided to Lessor under such policies. Lessee shall be solely responsible for the
deductible and/or self-insurance retention and Lessor, at its option, may require Lessee to secure
payment of such deductibles or self-insurance retentions by a surety bond or an irrevocable and
unconditional letter of credit. Lessor reserves the right to request and to receive, within 10
business days, certified copies of any or all of the herein required insurance policies and/or
endorsements. Lessor shall not be obligated, however, to review such policies and/or
endorsements or to advise Lessee of any deficiencies in such policies and endorsements, and such
receipt shall not relieve Lessee from, or be deemed a waiver of, Lessor’s right to insist on strict
fulfillment of Lessee’s obligations under this Lease. Lessee and its contractors’ and
subcontractors’ insurance policies required by this Lease, except Workers’ Compensation, shall
name Lessor, its agents, representatives, officers, directors, officials and employees as Additional
Insureds. Lessee and its contractors’ and subcontractors’ insurance policies required hereunder,
except Workers’ Compensation, shall contain a waiver of transfer of rights of recovery
(subrogation) against Lessor, its agents, representatives, officers, directors, officials and
employees for any claims arising out of Lessee’s work or service or use or maintenance of the
Premises.
4.3.1 Commercial General Liability.
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for premises liability, bodily injury, broad form
property damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provisions which would serve to limit
third party action over claims. There shall be no endorsement or modifications of the
CGL limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
4.3.2 Automobile Liability.
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $2,000,000 each occurrence with respect to any of the Lessee’s owned,
hired, and non-owned vehicles assigned to or used in performance of the Lessee’s work
or services or use or maintenance of the Premises under this Lease.
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4.3.3 Workers’ Compensation.
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Lessee’s employees engaged in the performance of the
work or services under this Lease; and Employer’s Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit.
Lessee, its contractors and its subcontractors waive all rights against Lessor and its
agents, officers, directors and employees for recovery of damages to the extent these
damages are covered by the Workers’ Compensation and Employer’s Liability or
commercial umbrella liability insurance obtained by Lessee, its contractors and its
subcontractors pursuant to this Lease.
4.3.4 Builder’s Risk (Property) Insurance.
CONTRACTOR shall purchase and maintain, on a replacement cost basis, Builders’ Risk
insurance and, if necessary, Commercial Umbrella insurance in the amount of the initial
Contract amount as well as subsequent modifications thereto for the entire work at the
site. Such Builders’ Risk insurance shall be maintained until final payment has been
made or until no person or entity other than COUNTY has an insurable interest in the
property required to be covered, whichever is earlier. This insurance shall include
interests of COUNTY, CONTRACTOR, and all subcontractors and sub‐subcontractors in
the work during the life of the Contract and course of construction, and shall continue
until the work is completed and accepted by COUNTY. For new construction projects,
CONTRACTOR agrees to assume full responsibility for loss or damage to the work
being performed and to the structures under construction. For renovation construction
projects, CONTRACTOR agrees to assume responsibility for loss or damage to the work
being performed at least up to the full Contract amount, unless otherwise required by the
Contract documents or amendments thereto. Builders’ Risk insurance shall be on a
special form and shall also cover false work and temporary buildings and shall insure
against risk of direct physical loss or damage from external causes including debris
removal, demolition occasioned by enforcement of any applicable legal requirements,
and shall cover reasonable compensation for architect’s service and expenses required as
a result of such insured loss and other “soft costs” as required by the Contract. Builders’
Risk insurance must provide coverage from the time any covered property comes under
CONTRACTOR’S control and/or responsibility, and continue without interruption
during construction, renovation, or installation, including any time during which the
covered property is being transported to the construction installation site, and while on
the construction or installation site awaiting installation. The policy will provide coverage
while the covered premises or any part thereof are occupied. Builders’ Risk insurance
shall be primary and any insurance or self‐insurance maintained by the County is not
contributory. If the Contract requires testing of equipment or other similar operations, at
the option of COUNTY, CONTRACTOR will be responsible for providing property
insurance for these exposures under a Boiler Machinery insurance policy or the Builders’
Risk Insurance policy.
4.3.5 Certificates of Insurance.
4.3.5.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and
complete certificates of insurance, or formal endorsements as required by the
Contract in the form provided by the County, issued by Contractor’s
insurer(s), as evidence that policies providing the required coverage,
conditions and limits required by this Contract are in full force and effect.
Such certificates shall identify this contract number and title.
4.3.5.2 In the event any insurance policy (ies) required by this contract is (are) written
on a “claims made” basis, coverage shall extend for two years past completion
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and acceptance of Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
4.3.5.3 If a policy does expire during the life of the Contract, a renewal certificate
must be sent to County fifteen (15) days prior to the expiration date.
4.3.6 Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
4.4 LIQUIDATED DAMAGES:
□ are
provided for in this Contract, as explained in the General Conditions to this Contract. Liquidated
damages have been agreed as being appropriate as follows:
$____655.00_______ per day for a tardy Substantial Completion, and
$____655.00_______ per day for a tardy Final Completion.
4.5 BOND REQUIREMENT:
4.5.1 Concurrently with the submittal of the Contract, the Contractor shall furnish the
Contracting Agency the following bonds, which shall become binding upon the award of
the contract to the Contractor.
4.5.1.1 A Performance Bond equal to the full Contract amount conditioned upon the
faithful performance of the Contract in accordance with plans, specifications
and conditions thereof. Such bond shall be solely for the protection of the
Contracting Agency awarding the Contract.
4.5.1.2 A Payment Bond equal to the full contract amount solely for the protection of
claimants supplying labor and materials to the Contractor or his
Subcontractors in the prosecution of the work provided for in such Contract.
4.5.2 Each such bond shall include a provision allowing the prevailing party in a suit on such
bond to recover as a part of his judgment such reasonable attorney’s fees as may be fixed
by a judge of the court.
4.5.3 Each bond shall be executed by a surety company or companies holding a certificate of
authority to transact surety business in the State of Arizona issued by the Director of the
Department of Insurance. The bonds shall not be executed by an individual surety or
sureties. The bonds shall be made payable and acceptable to the Contracting Agency.
The bonds shall be written or countersigned by an authorized representative of the surety
who is either a resident of the State of Arizona or whose principal office is maintained in
this state, as by law required, and the bonds shall have attached thereto a certified copy of
the Power of Attorney of the signing official. In addition, said company or companies
shall be rated “Best-A” or better as required by the Contracting Agency, as currently
listed in the most recent Best Key Rating Guide, published by the A.M. Best Company.
4.6 ORDERING AUTHORITY:
4.6.1 Any request for purchase of product(s) shall be accompanied by a valid purchase order,
issued by Office of Procurement Services, a Purchase Order issued by the using
Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase
Card for payment.
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4.7 REQUIREMENTS CONTRACT:
4.7.1 Contractors signify their understanding and agreement by signing a bid submittal, that the
Contract resulting from the bid is a requirements contract. However, the Contract does
not guarantee any minimum or maximum number of purchases will be made. It only
indicates that if purchases are made for the materials contained in the Contract, they will
be purchased from the Contractor awarded that item. Orders will only be placed when
the County identifies a need and proper authorization and documentation have been
approved.
4.7.2 County reserves the right to cancel Purchase Orders within a reasonable period of time
after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the
Contractor for actual and documentable costs incurred by the Contractor in response to
the Purchase Order. The County will not reimburse the Contractor for any costs incurred
after receipt of County notice of cancellation, or for lost profits, shipment of product prior
to issuance of Purchase Order, etc.
4.7.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from
the County Procurement Officer with written notification to follow. By submitting a bid
in response to this Invitation for Bids, the Contractor specifically acknowledges to be
bound by this cancellation policy.
4.8 Suspension of Work
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or
any part of the work of this contract for the period of time that the Procurement Officer determines
appropriate for the convenience of the County. No adjustment shall be made under this clause for
any suspension, delay, or interruption to the extent that performance would have been so
suspended, delayed, or interrupted by any other cause, including the fault or negligence of the
Contractor. No request for adjustment under this clause shall be granted unless the claim, in an
amount stated, is asserted in writing as soon as practicable after the termination of the suspension,
delay, or interruption, but not later than the date of final payment under the contract.
4.9 Stop Work Order
The Procurement Officer may, at any time, by written order to the Contractor, require the
Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days
after the order is delivered to the Contractor, and for any further period to which the parties may
agree. The order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms and take all
reasonable steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to
the Contractor, or within any extension of that period to which the parties shall have agreed, the
Procurement Officer shall either—
4.9.1 Cancel the stop-work order; or
4.9.2 Terminate the work covered by the order as provided in the Default, or the Termination
for Convenience of the County, clause of this contract.
4.9.3 The Procurement Officer may make an equitable adjustment in the delivery schedule
and/or contract price, or otherwise, and the contract shall be modified, in writing,
accordingly, if the Contractor demonstrates that the stop work order resulted in an
increase in costs to the Contractor.
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4.10 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
4.11 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or
in part if the Contractor fails to:
4.11.1 Deliver the supplies or to perform the services within the time specified in this contract or
any extension;
4.11.2 Make progress, so as to endanger performance of this contract; or
4.11.3 Perform any of the other provisions of this contract.
4.11.4 The County’s right to terminate this contract under these subparagraphs may be exercised
if the Contractor does not cure such failure within 10 days (or more if authorized in
writing by the County) after receipt of the notice from the Procurement Officer
specifying the failure.
4.12 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three years after execution of the contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County from any other party to the contract arising as the result of the Contract.
4.13 OFFSET FOR DAMAGES:
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance of the contract.
4.14 SUBCONTRACTING:
4.14.1 The Contractor may not assign to another Contractor or Subcontract to another party for
performance of the terms and conditions hereof without the written consent of the
County. All correspondence authorizing subcontracting must reference the Bid Serial
Number and identify the job project.
4.14.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate,
as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher
rates. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor,
who in turn shall pass-through the costs to the County, without mark-up. A copy of the
Subcontractor’s invoice must accompany the Prime Contractor’s invoice.
4.15 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Office of Procurement Services shall be responsible for approving all amendments for
Maricopa County.
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4.16 ADDITIONS/DELETIONS OF SERVICE:
The County reserves the right to add and/or delete materials to a Contract. If a service
requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount
of service reduced in accordance with the bid price. If additional materials are required from a
Contract, prices for such additions will be negotiated between the Contractor and the County.
4.17 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
4.17.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract for six (6) years after
final payment or until after the resolution of any audit questions which could be more
than six (6) years, whichever is latest. The County, Federal or State auditors and any
other persons duly authorized by the Department shall have full access to, and the right to
examine, copy and make use of, any and all said materials.
4.17.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
4.17.3 If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the
disallowance. The course of action to address the disallowance shall be at sole discretion
of the County, and may include either an adjustment to future invoices, request for credit,
request for a check or deduction from current billings Submitted by the Contractor by the
amount of the disallowance, or to require reimbursement forthwith of the disallowed
amount by the Contractor by issuing a check payable to Maricopa County.
4.18 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of the Contract.
4.19 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost
or other restriction except as may be established by law or applicable regulation. Each party shall
supply to the other party, upon request, any available information that is relevant to a Contract and
to the performance thereunder.
4.20 RELATIONSHIPS:
4.20.1 In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be
construed as to create the relationship of employer and employee, co-employee,
partnership, principal and agent, or joint venture between the County and the Contractor.
4.20.2 The County reserves the right of final approval on proposed staff for all Task Orders.
Also, upon request by the County, the Contractor will be required to remove any
employees working on County projects and substitute personnel based on the discretion
of the County within two business days, unless previously approved by the County.
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4.21 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and
may be viewed and downloaded at the Governor of the State of Arizona’s website
http://www.azgovernor.gov/dms/upload/EO_2009_09.pdf which is hereby incorporated into this
contract as if set forth in full herein. During the performance of this contract, CONTRACTOR
shall not discriminate against any employee, client or any or any other individual in any way
because of that person’s age, race, creed, color, religion, sex, disability or national origin.
4.22 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.22.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor
4.22.1.1 is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
4.22.1.2 have not within 3-year period preceding this Contract been convicted of or
had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statues or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
4.22.1.3 are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (2) of this certification; and
4.22.1.4 have not within a 3-year period preceding this Contract had one or more
public transaction (Federal, State or local) terminated for cause of default.
4.22.2 The Contractor agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this Contract.
4.23 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
4.23.1 By entering into the Contract, the Contractor warrants compliance with the Immigration
and Nationality Act (INA using e-verify) and all other federal immigration laws and
regulations related to the immigration status of its employees and A.R.S. §23-214(A). The
contractor shall obtain statements from its subcontractors certifying compliance and shall
furnish the statements to the Procurement Officer upon request. These warranties shall
remain in effect through the term of the Contract. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the
Immigration Reform and Control Act of 1986, as amended from time to time, for all
employees performing work under the Contract and verify employee compliance using the
E-verify system and shall keep a record of the verification for the duration of the
employee’s employment or at least three years, whichever is longer. I-9 forms are available
for download at USCIS.GOV.
4.23.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 4.22
of this Section. Contractor and subcontractor shall be given reasonable notice of the
SERIAL 15023-S
County’s intent to inspect and shall make the documents available at the time and date
specified. Should the County suspect or find that the Contractor or any of its subcontractors
are not in compliance, the County will consider this a material breach of the contract and
may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
4.24 CONTRACTOR LICENSE REQUIREMENT:
4.24.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and
fees necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental
or non-governmental entities as mandated to maintain compliance with and in good
standing for all permits and/or licenses. The Respondent shall keep fully informed of
existing and future trade or industry requirements, Federal, State and Local laws,
ordinances, and regulations which in any manner affect the fulfillment of a Contract and
shall comply with the same. Contractor shall immediately notify both Office of
Procurement Services and the using agency of any and all changes concerning permits,
insurance or licenses.
4.24.2 Respondents furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the Contract, shall possess any licenses
required. A Respondent is not relieved of its obligation to posses the required licenses by
subcontracting of the labor portion of the Contract. Respondents are advised to contact
the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain
licensing requirements for a particular contract. Respondents shall identify which
license(s), if any, the Registrar of Contractors requires for performance of the Contract.
4.25 INFLUENCE
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct,
may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
4.25.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
4.25.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
4.26 PUBLIC RECORDS:
All Offers submitted and opened are public records and must be retained by the Records Manager
at the Office of Procurement Services. Offers shall be open to public inspection after Contract
award and execution, except for such Offers deemed to be confidential by the Office of
Procurement Services. If an Offeror believes that information in its Offer should remain
confidential, it shall indicate as confidential, the specific information in its offer and submit a
statement with its offer detailing the reasons that the information should not be disclosed. Such
reasons shall include the specific harm or prejudice which may arise. The Records Manager of the
Office of Procurement Services shall determine whether the identified information is confidential
pursuant to the Maricopa County Procurement Code and the Arizona Public Records Law.
SERIAL 15023-S
ATTACHMENT D
GENERAL CONDITIONS
15023-Attachment
D.pdf
Project Name: County Administration Building Re-Roofing
Project No.: 15023-S
SECTION 00700
GENERAL CONDITIONS
ARTICLE 1 GENERAL PROVISIONS
1.1 DEFINITIONS, CORRELATION AND INTENT
1.1.1 Definitions. Unless otherwise provided herein, capitalized terms used in this Contract,
and not otherwise defined herein, have the respective meanings set forth in Exhibit A,
which is attached hereto and incorporated herein by this reference.
1.1.2 Entire Agreement. The Contract represents the entire and integrated agreement between
the parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral.
1.1.3 Contractual Relationship. The Contract shall not be construed to create a Contractual
relationship of any kind (1) between the Design Professional and the Contractor (2)
between any Authorized Agent and the Contractor (3) between the Owner and a
Subcontractor (4) between any persons or entities other than the Owner and the
Contractor. The Contractor is not a third party beneficiary to any agreement among or
between the Owner and the Design Professional. Performance by the Design
Professional of duties under such agreements is solely for the benefit of parties identified
as beneficiaries under such agreements.
1.1.4 Intent. The intent of the Contract is to include all items necessary for the proper
execution and completion of the Work by the Contractor.
1.1.5 Design Professional’s Supplemental Instruction. Written interpretations necessary for the
proper execution of the Work in the form of a Design Professional’s Supplemental
Instruction will be issued with reasonable promptness by the Design Professional.
Supplemental Instructions may either be instructions, drawings or additional information
but shall not change the Contract Sum or Contract Time unless there is a subsequently
executed Change Order.
1.1.6 Request for information/Interpretation. The Contractor shall submit requests for
information and/or interpretation of the Contract to the Design Professional, with a copy
to the Owner’s Construction Project Manager.
1.1.7 Contract Document Order of Precedence. The Drawings, Specifications and other
Contract Documents are complimentary and will govern the Work.
1.1.7.1 If there is a conflict among Contract Documents, the document highest in
precedence shall control. The precedence for the Contract Documents shall be
from the most restrictive to the lesser restrictive in the following order:
1.1.7.1.1 The Contract.
1.1.7.1.2 General Conditions.
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1.1.7.1.3 General Requirements.
1.1.7.1.4 All applicable codes including, but not limited to Building Codes and
Permits from agencies required by law.
1.1.7.1.5 Change Orders.
1.1.7.1.6 Contract Specifications
1.1.7.1.7 Contract Drawings – Material/Equipment Schedules.
1.1.7.1.8 Contract Drawings – Detailed Plans, elevations, sections and
isometrics.
1.1.7.1.9 Contract Drawings – General Plans, elevations, sections and
isometrics.
1.1.7.1.10 Standard Plans, i.e. standard structural details, devices or instructions
referred to on the Plans or Specifications by title or number.
1.1.7.1.11 Reference Specifications, i.e. Test References, etc.
1.1.7.2 The Contractor shall, upon discovering any error or omission in the Drawings or
Specifications, immediately notify the Owner and Design Professional in writing.
1.1.8 Discrepancies in Contract. If there is any discrepancy, inconsistency or ambiguity in the
quality or quantity of the Work or materials required under the Contract, the Contractor
shall (1) immediately bring such discrepancy, inconsistency or ambiguity to the attention
of the Design Professional, and (2) provide the better quality of or greater quantity of the
Work or materials, without an increase in the Contract Sum, unless otherwise directed in
writing by the Design Professional or the Owner. If the Owner accepts the lower quality
or quantity of Work or materials, the Contractor shall remit to the Design Professional the
difference in cost between the better quality or greater quantity and such lower quality or
lesser quantity. Such remittance shall be in the form of a deductive Change Order
Request as identified in Article 7.1.1.
1.1.9 Organization of Specifications and Drawings Not to Control Division of Work.
Organization of the Specifications into divisions and sections, and arrangement of
Drawings shall not control the Contractor in dividing the Work among Subcontractors or
in establishing the extent of Work to be performed by any trade.
1.1.10 Contractor Solely Responsible for Division of Work. The Contractor is solely
responsible for the division of the Work among Subcontractors. Neither the Owner, the
Design Professional, nor the Construction Project Manager will act as arbiter as to which
trade or Subcontractor is to furnish or install the various items indicated or required to
complete the Work. The Contractor shall make necessary arrangements to reconcile any
and all labor conflicts without delay, damage or cost to the Owner and without recourse
to the Design Professional, the Construction Project Manager or the Owner.
1.1.11 Technical and Industry Meanings. Unless otherwise stated in the Contract, words that
have well-known technical or construction industry meanings are used in the Contract in
accordance with such recognized meanings.
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1.1.12 Current Standards. Where a reference in the Contract to an American Society for Testing
and Materials Standard (ASTM), American National Standards Institute Standard
(ANSI), federal specification or other recognized standard does not include the date of
the standard, the edition current as of the date of the Contract Documents shall apply. No
consideration will be given to claimed ignorance as to what a cited standard contains,
since the Contractor and each Subcontractor is considered to be experienced and familiar
with the generally accepted, published standards of quality and workmanship for its own
trade. Requirements of such referenced standards form a part of the Specifications to the
extent indicated by the references thereto.
1.2 Ownership And Use Of Drawings, Specifications And Other Documents
1.2.1 All Drawings, Specifications and copies thereof furnished by the Design Professional are
and shall remain the property of the Owner. The Drawings and Specifications and the
design reflected therein shall be kept strictly confidential and shall not be disclosed or
released except as necessary for the performance of the Work. The Contractor may retain
one record set. Neither the Contractor nor any Subcontractor shall own or claim a
copyright in the Drawings, Specifications or other documents prepared by the Design
Professional. The Owner will retain all common law, statutory and other reserved rights,
in addition to the copyright. All copies of the Drawings and Specifications, except the
Contractor’s record set, shall be returned to the Owner upon completion of the Work.
The Drawings, Specifications and other documents prepared by the Design Professional,
and copies thereof furnished to the Contractor, are for use solely with respect to this
Project. They are not to be used by the Contractor or any Subcontractor on other projects
or for additions to this Project outside the scope of the Work without the specific written
consent of the Owner. The Contractor and its Subcontractors are granted a limited
license to use and reproduce applicable portions of the Drawings, Specifications and
other documents prepared by the Design Professional necessary for execution of the
Work. All copies made under this license shall bear the statutory copyright notice, if any,
shown on the Drawings, Specifications and other documents prepared by the Design
Professional. 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 Owner's copyright or other reserved rights.
Contractor and Subcontractors shall not take or disseminate any photographs or
videography of parts of the Project or the Project itself without first obtaining written
permission of the Owner. This Section shall not apply in the instance of the Contract or
his Subcontractor’s utilizing pictures or videography internally in order to perform the
work.
ARTICLE 2 OWNER
2.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER
2.1.1 Copies. The Contractor will be furnished, free of charge, working copies of the
construction documents during the Design Phase services as described in the bid
documents and in the General Requirements.
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2.2 OWNER'S RIGHT TO STOP THE WORK
2.2.1 If the Contractor fails to perform or to correct Work which is not in accordance with the
requirements of the Contract or does not allow other Contractor’s to timely perform their
work, the Owner may order 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.
2.3 OWNER'S RIGHT TO CARRY OUT THE WORK
2.3.1 The Owner shall have the right to contact the Contractor’s Surety if the Owner
determines that the Contractor is not performing in accordance with the Contract. If the
Contractor defaults or neglects to carry out the Work in accordance with the Contract or
fails to commence and continue correction of such default or neglect with diligence or
promptness, the Owner may, after forty eight (48) hours written notice to the Contractor
and its Surety, require the Surety to promptly assume the obligations of the Contract.
Should the Surety fail to assume the obligations within five (5) days after receipt of the
written notices then Owner, without prejudice to any other remedy it may have, may
correct such nonconforming Work. In such case, an appropriate Change Order shall be
issued deducting from the payments then or thereafter due the Contractor or the Surety all
costs of correcting such nonconforming Work, including but not limited to, compensation
for the Design Professional’s additional services made necessary by such default, neglect
or failure. If the payments then or thereafter due the Contractor or its Surety are not
sufficient to cover such amount, the Contractor or its Surety shall pay the difference to
the Owner within thirty (30) days after receipt of the Owner's invoice.
ARTICLE 3
3.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
3.1.1 Notice of Errors. The Contractor warrants that he has carefully reviewed the Contract,
and all documents pertaining to the Work, including but not limited to the Drawings and
Specifications and that he is satisfied as to the feasibility and correctness of the Contract
to perform the Work within the Contract time. The Contractor shall immediately report
to the Design Professional and Owner any errors, inconsistencies or omissions discovered
in the Contract prior to submitting its Bid. If the Contractor performs any construction
activity containing an error, inconsistency, or omission that the Contractor recognized or
should have recognized through the exercise of reasonable diligence, without reporting
such error, inconsistency or omission to the Design Professional and Owner, the
Contractor shall assume responsibility for such performance and shall bear the costs for
correction.
3.1.2 Examination of Site. The Contractor warrants that he has visited and examined the
character of the Site and any existing structures and has satisfied himself as to the nature
of the Work and all matters which could in any way affect the Work. The Contractor
warrants that he has reviewed the Geotechnical report, if any, included in the
Construction Documents. The Contractor shall take field measurements and verify field
conditions and shall compare such field measurements and conditions and other
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information known to the Contractor with the Contract before commencing the Work.
The Contractor shall verify the accuracy of all grades, elevations, dimensions and
locations relating to the Work. The accuracy of grades, elevations, dimensions, or
locations on work installed by other Contractor’s is not guaranteed by the Design
Professional or Owner. In cases of interconnection of the Contractor’s Work with other
work, it shall verify at the Site all dimensions relating to such other work. Any error due
to the Contractor’s failure to verify the accuracy of such grades, elevations, location or
dimensions shall be promptly rectified by the Contractor without any additional cost to
the Owner.
3.1.3 Contractor License. The Contractor warrants (1) that it is licensed under the laws of the
State of Arizona to perform the Work at the time of Bid submission, and (2) that it is
familiar with and will comply with all applicable laws, statutes, ordinances, building
codes, rules and regulations and lawful orders of public authorities in performing the
Work, including but not limited to environmental laws and A.R.S. Title 34 as amended.
3.1.4 Contract Compliance with Law. If the Contractor observes that portions of the Contract
are at variance with applicable laws, statutes, ordinances, building codes, or rules and
regulations, the Contractor shall promptly notify the Design Professional and Owner in
writing, and necessary changes shall be accomplished by appropriate modification. If the
Contractor performs Work it knows or should know to be contrary to laws, statutes,
ordinances, building codes, or rules and regulations without such notice to the Design
Professional and Owner, the Contractor shall assume full responsibility for such Work
and shall bear all damages, losses, costs and expenses attributable thereto.
3.1.5 Contractor Compliance with Contract. The Contractor shall perform the Work in
accordance with the Contract and in a first class manner and to the highest standards of
workmanship. In the event that the Contractor fails to do so, the Design Professional and
Owner may withhold payments to protect the Owner from loss, regardless of whether
payment has previously been made for the Work in question.
3.2 BID TERMS
3.2.1 Bid. The Bid for the entire Project will be the Cost of the Work, and include Taxes,
Insurance, Bonds and Subcontractor’s Bond, and will reflect the MBE/WBE goals
established pursuant to the Specifications. The Contractor guarantees to complete the
Project at or less than the final approved Contract amount and agrees that it will be
responsible for any difference between the actual Cost of the Work and that amount.
3.2.2 Schedule. A Project Schedule will be included with the Contract that reflects the Scope
of Work shown in the Contract documents. Any such Project Schedule updates/revisions
will continue to comply with the requirements of Article 3.11.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 Supervision. Contractor to Supervise Work. 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, safety, and procedures associated with its Work and for coordinating all
portions of the Work under this Contract, subject to the overall coordination of the
Project by the Owner.
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3.3.2 Acts and Omissions. The Contractor shall be responsible to the Owner for acts and
omissions of the Contractor’s employees, Subcontractors and their agents and employees,
and other persons performing portions of the Work under a Contract with the Contractor.
3.3.3 Duty to Perform. The Contractor shall not be relieved of obligations to perform the Work
in accordance with the Contract either by activities or duties of the Owner or Design
Professional in their administration of the Contract, or by tests, inspections or approvals
required or performed by persons other than the Contractor.
3.3.4 Duty to Inspect. The Contractor shall inspect portions of the Project related to the
Contractor’s Work in order to determine that such portions are in proper condition to
receive subsequent Work.
3.3.5 Limitation on Liability. Contractor acknowledges that neither the Owner, Design
Professional nor any of their respective agents, employees, successors or assigns shall
control the day-to-day operations of the Contractor and shall not determine construction
means, methods, techniques or procedures, or safety precautions and programs in
connection with the Work. Contractor agrees that neither the Owner, Design Professional
nor any of their respective agents, employees, successors or assigns shall be responsible
for the failure of the Contractor to perform the Work in accordance with the Contract or
with the laws, ordinances, rules, permit conditions, regulations or lawful orders of any
governmental agency having regulatory authority over the manner, methods or means of
performance of the Work.
3.3.6 Site Protection. If the Project Site is within a floodplain, the Contractor shall be
responsible for all protection needed during construction.
3.4 LABOR AND MATERIALS
3.4.1 Contractor to Provide. The Contractor shall provide and pay for labor, materials,
equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation, storage 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 Skilled Labor. The Contractor shall enforce strict discipline and good order among the
Contractor’s employees and other persons carrying out the Contract. The Contractor
shall not permit employment of unfit persons or persons not skilled in tasks assigned to
them.
3.4.3 Standard of Quality. Wherever materials, products, articles, equipment, systems or
similar items are identified by reference to proprietary terms or by a similar reference, it
is intended to establish the minimum standard or measure of quality that has been
determined as requisite or intended for the Work.
3.4.4 Trade Names or Equals. The Contractor shall supply materials, processes, or equipment
specified, or a prior approved equal. Whenever any particular material, process, or
equipment is indicated by patent, proprietary or brand name, or by name of manufacturer,
such wording is used for the purpose of facilitating its description and shall be deemed to
be followed by the words “or prior approved equal”; unless such material, process, or
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equipment is specifically indicated as “proprietary”. A listing of materials or equipment
is not intended to be comprehensive, or in any order of preference.
3.5 SUBSTITUTION OF PRODUCTS
3.5.1 Requests for Substitutions. The Owner and Design Professional may consider in their
discretion, but shall have no obligation to consider, a formal request for the substitution
of products in place of those specified under the conditions set forth herein and those set
forth in Section 012500. The decision in the first instance on acceptance or rejection of
proposed alternate, substitute or similar materials, products, equipment or systems shall
be vested in the Design Professional, and ultimately with the Owner, whose decision
shall be final and binding.
3.5.2 Conditions for Substitutions. By making requests for substitutions, the Contractor (1)
represents that the Contractor has personally investigated the proposed substitute product
and determined that it is equal or superior in all respects to that specified and will create
no adverse effects on other materials or systems, (2) represents that the Contractor will
provide the same warranty for the substitution that the Contractor would for that
specified, (3) certifies that the cost data presented is complete and includes all related
costs under the Contract except the Design Professional’s analysis and redesign costs,
and waives all claims for additional costs related to the substitution which subsequently
become apparent, and (4) will coordinate the installation of the accepted substitute,
making such changes as may be required for the Work to be complete in all respects.
3.5.3 Criteria for Acceptance or Rejection of Substitutes. Acceptance or rejection of proposed
alternate, substitute, or similar materials, products, equipment or systems for use may be
based on the construction, design, function, type, size, capacity, performance, strength,
durability, finish, aesthetic quality, schedule constraints, redesign costs, the Owner's
standard for repair, replacement and maintenance or other characteristics or criteria
approved by the Owner.
3.5.4 Expense for Modification. Any modification to the Contract or Work necessary as a
result of the use of an approved alternate or substitute shall be paid by the Contractor
proposing the substitution.
3.5.5 Rejection of Substitute. If any alternate or substitute is not approved, the Contractor shall
use the specified material, product, equipment or system without adjustment to the
Contract Price or Time.
3.6 WORK HOURS
3.6.1 Except as otherwise provided in the Contract, Work shall be performed during regular
working hours. Notwithstanding the foregoing, in the event of emergency or when
required to complete, the Work may be performed on night shifts, overtime, weekends, or
holidays, provided that written notification has been given to the Owner and confirmed in
writing by the Owner twenty-four (24) hours prior to the commencement of such Work.
The Contractor will not be entitled to additional compensation for Work performed
outside of regular working hours, except to the extent such compensation is approved by
the Owner in advance in writing. In the event the Contractor performs any of the Work
on night shifts, overtime, weekends or holidays, the Contractor shall comply with all
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laws, ordinances, codes, rules, and regulations applicable thereto (including, without
limitation, those relating to noise).
3.7 WARRANTY
3.7.1 Free from Defects and Warranty Period. The Contractor warrants to the Owner that (1)
materials and equipment furnished under this Contract will be of first quality and new,
(2) the Work will be free from defects, and (3) the Work will conform with the
requirements of the Contract. Work not conforming to these requirements, including
substitutions not properly approved and authorized, shall be considered defective. This
warranty is in addition to and not limited by the provisions of Article 12.2. The warranty
period is one (1) year from substantial completion unless otherwise stated in the Contract
documents.
3.7.2 Key Systems: During the warranty period in the event that any of the key systems in the
Project are not functioning properly, the Contractor will repair those systems within
twenty-four (24) hours of written notice by the Owner. Key Systems are defined as but
not limited to elevators, HVAC, major plumbing and electrical installations and security
systems.
3.7.3 Assignment of Warranties. The Contractor shall assign to the Owner, before Substantial
Completion is due, all manufacturer's warranties relating to equipment, materials, and
labor used in the Work. Such assignment shall not affect or terminate the Contractor’s
responsibilities under the Contract.
3.8 TAXES
3.8.1 The Contract sum includes and the Contractor shall pay any and all sales, consumer, use,
transaction privilege, and similar taxes on all monies owed for the Work or portions
thereof provided by the Contractor.
3.9 PERMITS AND FEES
3.9.1 Permits and Fees. The Contractor shall secure and the Owner shall pay for the building
permit. The Contractor shall secure and pay for all other permits and governmental fees,
licenses and inspections necessary for proper execution and completion of the Work.
Contractor is required to comply with all Contractor-secured permit requirements at no
additional cost to Owner.
3.9.2 Permit Set Copies. Contractor is required to provide Owner and Design Professional, at
Owner’s expense, copies of each of all permit sets acquired by Contractor from any
issuing entity, within two (2) business days from acquisition.
3.9.3 In the event of the Design Professional having provided (with the Owner’s consent) for
deferred permit submittals, the costs of such shall be borne by the Contractor (except for
the permitting cost which will be paid by the Owner).
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3.10 CONTRACTOR KEY PERSONNEL
3.10.1 Satisfactory to Owner. The Contractor’s Project Manager, Superintendent and staff must
be satisfactory to the Owner. The Contractor’s, Superintendent(s) and key members of
the Contractor's staff shall not change without the prior consent of the Owner. However,
the Contractor agrees to change any Project Manager, Superintendent or key member of
the Contractor's staff at the request of the Owner, if in the sole opinion of the Owner,
such person's performance is unsatisfactory.
3.10.2 On Site. The Contractor shall employ a Project Manager, Superintendent(s) and key staff
if indicated in other Articles who shall be in attendance at the Site during performance of
the Work. The Project Manager shall represent the Contractor, and communications
given to the Project Manager shall be as binding as if given to the Contractor.
Communications shall be confirmed in writing by the Contractor.
3.11 CONTRACTOR'S SCHEDULES
3.11.1 Contractor Baseline Construction Schedule. The Contractor, per time set forth in Section
013216, shall submit to the Design Professional and Owner, the Baseline Schedule for
the Work ("Contractor Baseline Construction Schedule"). Such Schedule (1) shall not
exceed time limits current under the Contract, (2) shall be updated and submitted monthly
or more often as directed by the Owner, and (3) shall provide for expeditious and
practicable execution of the Work.
3.11.2 Updated Schedules. The updated Contractor Construction Schedules shall not exceed
time limits current under the Contract and shall be in accordance with and fully
coordinated with all information previously supplied to the Contractor. Updated
schedules shall be submitted monthly with the Contractor’s Application for Payment.
Any change in the Schedule shall be explained in writing by the Contractor as part of the
update.
3.11.3 Schedule Method. The Contractor Construction Schedule shall be a critical path method
(CPM) precedence diagram network or other mutually agreed upon form of schedule with
supporting printouts. Unless otherwise stated in the Contract documents, the schedule
will be prepared utilizing Primavera P6 software and shall be electronically submitted to
the Owner at the time of each payment application.
3.11.4 Scheduling Cooperation. The Contractor shall cooperate with the Design Professional
and Owner in providing information and clarification as required to understand the
schedule and performance of the Contractor's Work to avoid conflict, delay in or
interference with the work of other Contractor’s or the construction or operations of the
Owner's own forces.
3.11.5 Submittal Schedule. The Contractor, per time set forth in Sections 013216 and 013323
shall prepare and submit to the Owner and Design Professional for review a schedule for
submittal of Shop Drawings, Product Data, Samples, mockups, models and other
submittals ("Submittal Schedule") which is a part of the Contractor Construction
Schedule and which allows the Design Professional review time of such submittals as per
Sections 013300 and 013323. The Contractor shall issue to the Design Professional a
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monthly updated Submittal Schedule with the Application for Payment that identifies
items submitted and yet to be submitted and the approval status of all such items.
3.11.6 Conform to Most Recent Schedule. The Contractor shall conform to the most recent
schedule.
3.11.7 Material Status Report. The Contractor shall prepare and submit a report for materials
("Material Status Report") on a form approved by the Design Professional and Owner.
This report shall be updated and submitted on a monthly basis with Application for
Payment or more often as directed by the Design Professional and Owner. Delivery dates
provided on the Material Status Report shall conform to the Contractor's Submittal
Schedule and the Contractor’s Construction Schedule.
3.11.8 Compliance with Schedules. The Contractor shall be responsible for all costs resulting
from its lack of diligence or failure to provide needed labor or materials to meet the
requirements of the Contract. Owner may withhold payments to Contractor if requested
to do so by Contractor's Surety, or if otherwise necessary to protect the Owner from delay
or expense occasioned by the Contractor's failure to perform under the Contract.
3.12 DOCUMENTS AND SAMPLES AT THE SITE
3.12.1 Contractor to Maintain. The Contractor shall maintain at the site for the use of the Owner
and of the Design Professional, one copy of all Drawings, Specifications, Bulletins,
Addenda, Change Orders, Shop Drawings, Design Professional’s Supplementary
Instructions, Requests for Information/Interpretation, and other Contract-related
documents and their modifications, if any, in good order and marked promptly by the
Contractor to record all approved changes made during construction. The Contractor
shall also maintain on-site all available catalog data, price lists, manufacturer’s operating
and maintenance instructions, schematics, certificates, warranties, guarantees, and other
documents as noted in the Construction Documents.
3.12.2 As-Built Documents. The Contractor shall provide the Design Profeessional with As-
Built Documents before Substantial Completion. The Contractor shall stamp and sign a
certification statement on each Drawing and page thereof that the As-Built Documents, as
submitted, are true and complete. Any changes after Substantial Completion shall be
provided prior to Final Payment. As-Built Documents shall be updated daily and shall
include approved changes and any field changes made by the Contractor. Accurate,
updated As-Built Documents shall be a condition of approval of monthly and final
Application for Payment.
3.13 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.13.1 Not Part of Contract. Shop Drawings, Product Data, Samples and similar submittals are
not part of the Contract. The purpose of their submittal is to demonstrate for those
portions of the Work for which submittals are required the way the Contractor proposes
to conform to the information given and the design concept expressed in the Contract.
3.13.2 Prompt Submittal. The Contractor shall submit to Design Professional, in accordance
with Sections 013216 and 013300 and its Submittal Schedule, Shop Drawings, Product
Data, Samples and similar submittals required by the Contract with such promptness as to
cause no delay in the Contractor’s own Work or in that of any other Contractor. The
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Contractor shall cooperate with the Owner in the coordination of the Contractor’s Shop
Drawings, Product Data, Samples and similar submittals with related documents
submitted by other Contractor‘s. Submittals made by the Contractor, which are not
required by the Contract, may be returned without action.
3.13.3 Review Required. The Contractor shall perform no portion of the Work requiring
submittal and review of Shop Drawings, Product Data, Samples or similar submittals
until the submittal has been reviewed and acted upon by the Design Professional. Such
Work shall be performed in accordance with reviewed submittals.
3.13.4 Representations Made by Submittals. By approving and submitting Shop Drawings,
Product Data, Samples and similar submittals, the Contractor represents that the
Contractor has determined and verified materials, field measurements and field
construction criteria related thereto, or will do so, and has checked and coordinated the
information contained within such submittals with the requirements of the Work and of
the Contract.
3.13.5 Effect of Review. The Contractor shall not be relieved of responsibility for deviations
from requirements of the Contract by the Design Professional’s review of Shop
Drawings, Product Data, Samples or similar submittals unless the Contractor has
specifically informed the Owner and Design Professional in writing of such deviation at
the time of submittal and the Owner and Design Professional have given written approval
to the specific deviation. The Contractor shall not be relieved of responsibility for errors
or omissions in Shop Drawings, Product Data, Samples or similar submittals by the
Design Professional's review thereof.
3.13.6 Revisions to Submittals. The Contractor shall direct specific attention, in writing or on
resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions
which he has made other than those requested by the Owner and Design Professional on
previous submittals.
3.13.7 Informational Submittals. Informational submittals upon which the Owner and Design
Professional are not expected to take responsive action shall be so identified in the
submittals.
3.13.8 Professional Certification. When professional certification of performance criteria of
materials, systems or equipment is required by the Contract, the Owner and Design
Professional shall be entitled to rely upon the accuracy and completeness of such
calculations and certifications.
3.13.9 Cost for Resubmittals. The Owner shall have the right to require the Contractor to pay
the additional costs of the Design Professional resulting from the review by the Design
Professional of any Shop Drawings, Product Data, Samples and similar submittals which
have been reviewed four (4) or more times.
3.14 PREPARATION OF MANUALS
3.14.1 Operation Manuals To be Provided Before Substantial Completion. Before Substantial
Completion, the Contractor shall furnish to the Design Professional for approval two (2)
sets of hard copy manuals and two (2) sets of electronic copy manuals in PDF format on
Recorded Compact (CD) disks containing the manufacturers' instructions for
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maintenance and operation of each item of equipment and apparatus furnished under the
Contract and any additional data requested under the Specifications for each division of
the Work. The manuals shall be indexed and bound or labeled in a manner acceptable to
Design Professional and Owner. Warranties related to the project shall be provided as
required under Article 3.7 above. All documents are required to have been reviewed and
approved by the Design Professional prior to submitting to the Owner.
3.15 USE OF SITE
3.15.1 Limits on Use. The Contractor shall confine operations at the Site to areas permitted by
law, ordinances, permits and the Owner and shall not unreasonably encumber the Site
with materials or equipment. Only materials and equipment, which are to be used directly
in the Work shall be brought to the Site. After equipment is no longer required for the
Work, it shall be promptly removed from the Site. See Article 4.1.2 for requirements
governing concurrent Site use.
3.15.2 Owner Approval. The Contractor shall coordinate the Contractor’s operations with, and
secure the approval of, the Owner before using any portion of the Site.
3.15.3 Display of Signs. The Contractor shall not display on or about the Site any sign,
trademark or other advertisement without the consent of the Owner.
3.15.4 Equipment Location. The Contractor’s field offices, shanties, materials, storage rooms,
hoists elevators, etc., if any, will be placed in locations approved by the Owner. When it
becomes necessary, due to the progress of the Project, for the Contractor to relocate the
Contractor’s field operations; such relocation will be approved by the Owner and be
accomplished in an expeditious manner with no increase in the Contract Sum.
3.15.5 Security. The Contractor’s use of the site (and protection if required) is governed by
Section 01000, Site Use and Security Requirements in the Specifications.
3.16 CUTTING AND PATCHING
3.16.1 Contractor Responsible. The Contractor shall be responsible for cutting, fitting or
patching required to complete the Work or to make its parts fit together properly with the
existing site and other work.
3.16.2 Consent Required. The Contractor shall not damage or endanger work performed by the
Owner or other Contractor‘s by cutting, patching, excavating or otherwise altering such
construction. The Contractor shall not cut or otherwise alter work performed by the
Owner or other Contractor’s except with written consent of the Owner and such other
Contractor’s; such consent shall not be unreasonably withheld. The Contactor shall not
unreasonably withhold from the other Contractor’s, or the Owner, the Contractor’s
consent to cutting or otherwise altering the Work.
3.17 CLEAN UP
3.17.1 Daily Clean Up. The Contractor shall, on a daily basis, clean up after its operation by
removing rubbish, including old and surplus materials. The Contractor shall use its best
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efforts to prevent dust. All waste materials, rubbish and debris resulting from
Contractor’s Work shall be removed regularly from the Site, minimum once a week, and
disposed in accordance with federal, state, and local laws. The Contactor shall not allow
or permit the accumulation of waste, materials, or equipment that may impede or
interfere with the safe production of work or with safe access or egress to the work areas,
or impede in any way the ongoing Owner operations.
3.17.2 Final Clean Up. At the completion of the Work, the Contractor shall remove all its waste
materials and rubbish from and about the Site as well as all its tools, construction
equipment, machinery and surplus materials. The Contractor shall professionally wash
and clean all surfaces and leave the Work neat and clean, ready for occupancy by the
Owner, unless higher cleaning standards are required elsewhere in the Contract. The
Contactor shall be responsible for the overall cleanliness and neatness of the Work.
3.17.3 Failure to Clean Up. If the Contactor fails to perform regular daily cleanup or to cleanup
at the completion of the Work as specified, the Owner may do so or cause such Work to
be performed, with the cost paid for by the Contactor. The Owner shall have the right to
retain such costs from payments due Contactor and reduce the Contract sum by change
order.
3.17.4 Clean Up Disputes. If a dispute arises between the Contractor and other Contractor’s not
a party to this Contract as to their responsibility for cleaning up as required by this Article
3.16, or elsewhere in the Contract, the Owner may clean up and equitably charge the cost
thereof to the several Contractor s. The Owner shall have the right to retain such costs
from payments due Contactor and reduce the Contract sum by change order.
3.18 ACCESS TO WORK
3.18.1 The Contactor shall provide the Owner and Design Professional access to the Work in
preparation for the work and during progress wherever the work is located. The
Contactor shall provide facilities needed for such access so that the Design Professional
and the Owner may perform their functions under the Contract.
3.19 ROYALTIES AND PATENTS
3.19.1 Contactor Responsibility. The Contractor shall pay all royalties and license fees
applicable to the Contractor’s Work. The Contactor shall indemnify, defend and hold
harmless the Indemnities from any and all suits, demands or claims for infringement of
any patent rights unless a particular design, process or product is specified in the
Contract. If such specification is made and the Contractor has reason to believe it is an
infringement of a patent, the Contractor shall be responsible for any loss arising there
from unless the Contractor promptly notifies the Owner prior to performing any portion
of the Work involving the patented item.
3.19.2 Effect of Review by Owner or Design Professional. The review by the Owner or the
Design Professional of any method of construction, invention, appliance, process, article,
device or material of any kind shall not constitute an approval thereof for use by the
Contractor in violation of any patent or other rights of any third party.
3.20 VALUE ENGINEERING PROPOSALS
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3.20.1 After the Contract has been executed, the Owner and Design Professional may consider,
but shall have no obligation to consider, Value Engineering Proposals. The decision in
the first instance on acceptance or rejection of a Value Engineering Proposal for a
proposal to use similar materials, products, equipment or systems shall be vested in the
Design Professional, and ultimately with the Owner, whose decision shall be final and
binding. If the submission of Value Engineering Proposals will be considered under this
Contract, Specification Section 012413 will be included in the Contract Documents.
ARTICLE 4 ADMINISTRATION AND RESOLUTION OF DISPUTES
4.1 ADMINISTRATION OF THE CONTRACT
4.1.1 Owner's Representatives. The Owner, or its authorized representative, will provide
administration of the Contract, (1) during construction, (2) until Final Payment is made,
and (3) with the Owner's concurrence, from time to time during the correction period
described in Article 12.2.
4.1.2 Coordination of Contractor’s. The Owner will provide for coordination of the activities
of other Contractor’s and of the Owner's own forces with the Work of the Contractor,
who shall cooperate with them. The Owner will schedule and coordinate all Contractor’s
with respect to their use of the site. The Contactor shall participate with other
Contractor’s and the Owner in reviewing construction schedules when directed to do so.
The Contractor shall make any revisions to the Contractor Construction Schedule deemed
necessary by the Owner.
4.1.3 Design Professional’s Observation of the Work. The Design Professional will visit the
Site at intervals appropriate to the stage of construction to become generally familiar with
the progress and quality of the completed Work and to determine in general if the Work
is being performed in a manner indicating that the Work, when completed, will comply
with the Contract documents.
4.1.4 Control of Work. The Owner and Design Professional will not have control over or
charge of and will not be responsible for construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the
Work, since these are solely the Contractor’s responsibility and neither will be
responsible for the Contractor’s failure to carry out the Work in accordance with the
Contract. Neither the Owner nor the Design Professional will have control over or
charge of or be responsible for acts or omissions of the Contactor or Subcontractors.
4.1.5 Authority to Reject Work. The Design Professional shall notify the Owner in the event
the Design Professional designates Work which the Design Professional asserts does not
comply with the Contract documents and may suggest additional testing and inspection.
Rejection of the Work shall be in the discretion of the Owner.
4.1.6 Coordination of Submittals. The Design Professional will receive from the Contractor
and coordinate all Shop Drawings, Product Data and Samples, coordinate them with
information received from other Contractor’s. The Owner’s designee’s actions will be
taken with reasonable promptness.
4.1.7 Design Professional’s Review of Submittals. The Design Professional will review or
take other appropriate action upon the Contractor’s submittals such as Shop Drawings,
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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. The Design
Professional's action will be taken within fourteen (14) days of the date of submittal to
the Design Professional by the Contractor. Review of such submittals is not conducted
for the purpose of determining the accuracy and completeness of other details such as
dimensions and quantities, or for substantiating instructions for installation or
performance of equipment or systems, all of which remain the responsibility of the
Contractor. The Design Professional's review of the Contractor’s submittals shall not
relieve the Contactor of the obligations under the Contract. The Design Professional
review shall not constitute approval of safety precautions or, unless otherwise specifically
stated by the Design Professional, of any construction means, methods, techniques,
sequences or procedures. The Design Professional review of a specific item shall not
indicate approval of an assembly of which the item is a component.
4.1.8 Project Completion Inspections by Owner. The Owner will assist the Design
Professional in conducting inspections to determine the dates of Substantial Completion
and Final Completion, and the Design Professional will receive and forward to the Owner
written warranties and related documents required by the Contract and assembled by the
Contractor.
4.1.9 Aesthetic Decisions. The Owner's decisions on matters relating to aesthetic effect will be
final.
4.1.10 Contractor’s Required to Attend Meetings. The Owner will call for meetings of the
Contractor and Subcontractors as it deems necessary. Such meetings shall be held at or
near the Site on regular working days during regular working hours, unless otherwise
directed by the Owner. Attendance shall be mandatory for all parties notified to attend,
and the Contractor and Subcontractors so notified are required to have a responsible
member of their organizations with full decision making authority in attendance.
4.1.12 Acts or Omissions by Owner or Design Professional. In no event shall any act or
omission on the part of the Design Professional or the Owner relieve the Contractor from
its obligation to perform the Work in full compliance with the Contract.
4.2 CLAIMS AND DISPUTES
4.2.1 Time Limits on Claims. Claims by the Contractor must be made within the number of
days specified in Articles 4.2.3, 4.2.4, 4.2.5 or 4.2.6 after the occurrence of the event
giving rise to such Claim or after the Contractor should have recognized, in the exercise
of due diligence, the condition giving rise to such Claim. Claims must be made by written
notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless the additional Claim is submitted in a timely
manner.
4.2.2 Continuing Contract Performance. Pending final resolution of a Claim, including
Alternative Dispute Resolution as provided for in Exhibit B of this document, the
Contractor shall proceed diligently with performance of the Contract and the Owner shall
continue to make payments in accordance with the Contract other than amounts in
dispute.
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4.2.3 Concealed or Unknown Conditions. If conditions are encountered at the Site which are
(1) subsurface or otherwise concealed physical conditions which differ materially from
those indicated in the Contract, (2) unknown physical conditions of an unusual nature,
which differ materially from those ordinarily found to exist and generally recognized as
inherent at the Site, and (3) could not have been discovered by a thorough inspection and
investigation of the Site by the Contractor, the Contractor shall give written notice within
twenty-four (24) hours of such to the Design Professional. The Design Professional will
promptly investigate such conditions and, if they differ materially and cause an increase
or decrease in the Contractor’s cost of, or time required for, performance of any part of
the Work, may recommend to the Owner an equitable adjustment in the Contract Sum or
Contract Time, or both. If the Owner, determines that the conditions at the Site are not
materially different from those indicated in the Contract and that no change in the terms
of the Contract is justified, the Owner shall so notify the Contractor in writing, stating the
reasons. Notice by the Contractor of opposition to such determination must be made
within five (5) days after the Owner has given notice of the decision. Failure to deliver
notice of opposition within the five (5) days shall constitute a waiver of objections to the
Owner’s decision.
4.2.4 Claims for Additional Cost.
4.2.4.1 Notice Prior to Execution of Work. If the Contractor wishes to make Claim for
an increase in the Contract Sum, written notice as provided in Article 4.2.4.2
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 Article 10.3. If the Contractor believes additional cost is
involved for reasons including but not limited to (1) a written interpretation
from the Design Professional, (2) an order by the Owner to stop the Work
where the Contractor was not at fault, (3) a written order for a minor change in
the Work issued by the Design Professional, (4) failure of payment by the
Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension
or (7) other reasonable grounds, Claim shall be filed in accordance with Article
4.2.4.2.
4.2.4.2 Fourteen Days After Occurrence. If the Contractor wishes to make a Claim for
an increase in the Contract Sum, the Contractor shall give the Design
Professional written notice thereof within fourteen (14) days after the
occurrence of the event giving rise to such Claim or within fourteen (14) days
after the Contractor should have recognized, in the exercise of due diligence,
the condition giving rise to such Claim. The Contractor shall provide such
notice before proceeding to execute the Work. Any Claim with respect to an
emergency shall be made not later than five (5) days after occurrence of the
emergency as to which the Work was performed.
4.2.4.3 Waiver of Claim for Additional Cost. Failure to give notice of a Claim for an
increase in the Contract Sum in strict compliance with the requirements of this
Article 4.2.4 shall constitute a waiver of such Claim.
4.2.4.4 Claims Against Design Professional. If the Contractor wishes to make a Claim
or allegation based upon actions or omissions of the Design Professional in any
way related to or touching on the activities, events, losses, or expenses set forth
in a Claim presented pursuant to this Article 4, such Claim shall be set forth
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and reasonably described in the notice required by Article 4.2.4.1. Failure to
set forth and describe such Claim or allegation in such notice shall constitute a
waiver of such Claim against the Design Professional. Claim shall be made
within fourteen (14) days after the occurrence of the event giving rise to such
Claim or within fourteen (14) days after the Contractor should have
recognized, in the exercise of due diligence, the condition giving rise to such
Claim.
4.2.5 Claims for Additional Time
4.2.5.1 Estimate of Cost and Delay. If the Contractor wishes to make a Claim for an
increase in the Contract Time, written notice as provided in Article 4.2.5.4
shall be given. The Contractor’s Claim shall include an estimate of cost,
analysis of schedule and impact on critical path and of probable effect of delay
on progress of the Work. In the case of a continuing delay only one Claim is
necessary.
4.2.5.2 Adverse Weather. If adverse weather conditions are the basis for a Claim for
additional time, such Claim shall be documented by data substantiating that
weather conditions at the job site were abnormal (pursuant to NOAA) for the
period of time involved and could not have been reasonably anticipated, and
that weather conditions had an adverse effect on the scheduled construction.
4.2.5.3 Critical Path. No extension of time shall be granted to the Contractor for a
delay caused by the Owner, Design Professional, any other Contractor’s, or
other causes beyond the Contractor’s control, unless the delay affects the
critical path of the Project and then only to the extent that the delay affects the
critical path. No extension of time shall be granted to the Contractor to the
extent that, notwithstanding the existence of any such circumstance beyond the
Contractor’s control, delay would have resulted in any event due to a
concurrent unexcused delay by the Contractor.
4.2.5.4 Notice of Claim for Additional Time. Should the Contractor contend that it is
entitled to an extension of time for completion of any portion or portions of the
Work, the Contractor shall, within seven (7) days of the occurrence of the
cause of the delay, notify the Design Professional, in writing, of its Claim,
setting forth (1) the cause of the delay, (2) a description of the portion or
portions of Work affected by the delay, (3) the specific number of days of
delay for which an extension of time is requested, and (4) all details pertaining
thereto. (including, but not limited to a schedule analysis and a narrative
explaining the reasons therefor) If such delay continues after the filing of the
Claim pursuant to the foregoing sentence, within five (5) days after the
expiration of any such delay, the Contractor shall deliver to the Design
Professional a subsequent written application for the specific number of days of
extension of time requested.
4.2.5.5 Waiver of Claim for Additional Time. Failure to give notice of a Claim for
extension of time in strict compliance with the requirements of this Article
4.2.5 shall constitute a waiver of such Claim.
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4.2.6 Injury or Damage to Person or Property. If the Contractor suffers injury or damage to
person or property because of an act or omission of the Owner, written notice of such
injury or damage, whether or not insured, shall be given to the Owner within a reasonable
time not exceeding five (5) days after first observance. The notice shall provide
sufficient detail to enable the Owner to investigate the matter. If a Claim for additional
cost or time related to this Claim is to be asserted, it shall be filed as provided in Article
4.2.4 or 4.2.5
4.2.7 Correspondence Issues. If the Contractor does not agree with a statement or statements
set forth in correspondence regarding a Claim from the Owner or Design Professional,
the Contractor must submit a written statement within seven (7) days after receipt, setting
forth the facts of the issue. Otherwise, the statement will be deemed to have been
accepted.
4.3 ALTERNATIVE DISPUTE RESOLUTION
4.3.1 Notwithstanding anything to the contrary provided elsewhere in the Contract, the
alternative dispute resolution ("ADR") process provided for in an Exhibit (attached hereto
and incorporated herein by this reference) shall be the exclusive means for resolution of
claims or disputes arising under this Contract.
ARTICLE 5 SUBCONTRACTORS
5.1 CONTRACTUAL RELATIONSHIP
5.1.1 Nothing contained in the Contract shall create any Contractual relationship between the
Owner or Design Professional and any Subcontractors.
5.2 SUBCONTRACTUAL RELATIONS
5.2.1 Subcontractors Subject to Contract. By an appropriate written Agreement, the Contractor
shall require each Subcontractor, to the extent of the Work to be performed by the
Subcontractor, to be bound to the Contractor by the terms of the Contract, and to assume
toward the Contractor all the obligations and responsibilities which the Contractor
assumes toward the Owner and Design Professional, except with respect to the ADR
provisions of this Contract. The Contractor shall require its Subcontractors to enter into
similar agreements with their Subcontractors, except with respect to the ADR provisions
of this Contract. The Contractor shall make available to each proposed Subcontractor,
prior to the execution of the subcontract, copies of this Contract to which the
Subcontractor will be bound, except with respect to the ADR provisions of this Contract.
Each Subcontractor shall similarly make copies of this Contract available to their
Subcontractors.
5.2.2 Terms to be Included in Subcontracts. All Work performed for the Contractor by a
Subcontractor shall be pursuant to a written agreement between the Contractor and the
Subcontractor. The Contractor will insure that each such subcontract contains provisions
requiring:
5.2.2.1 That the Work be performed and guaranteed in accordance with the
requirements of this Contract.
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5.2.2.2 Submission to the Contractor of Applications for Payment under each
subcontract, and reasonable time to enable the Contractor to apply for payment
in accordance with Article 9:
5.2.2.3 That the Subcontractor pay sub-Subcontractors in accordance with A.R.S. § 34-
221;
5.2.2.4 That the Subcontractor purchase and maintain insurance and comply with all
insurance provisions as required by Article 11. If any Subcontractor is unable
to comply with this paragraph the Contractor shall request a waiver of this
requirement in writing, and shall provide justification for a waiver. If the
Owner grants the request it shall not constitute a waiver of the Owner’s right to
strict performance of this Contract, including the insurance requirements for all
other Subcontractors. No waiver of a Subcontractor’s insurance requirements
will be effective unless it is in writing.
5.2.2.5 That the Subcontractor consents to an assignment of the subcontract from the
Contractor to the Owner in the event of termination of the Contractor by the
Owner.
5.2.2.6 That the Subcontractor complies with all safety requirements.
5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACT
5.3.1 Each subcontract for a portion of the Work is hereby assigned by the Contractor to the
Owner provided that:
5.3.1.1 Assignment is effective only after termination of the Contract by the Owner for
cause pursuant to Article 15.1 and only for those subcontracts which the Owner
accepts by notifying the Subcontractor in writing; and
5.3.1.2 Assignment is subject to the prior rights of the Surety, if any, obligated under
the bond required by the Contract.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTOR’S
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 Owner. The Owner further reserves the right to award other
Contracts in connection with other portions of the Project or other construction or
operations on the Site.
6.2 MUTUAL RESPONSIBILITY
6.2.1 Coordination with Owner's Forces. The Contactor shall afford the Owner's own forces
and other Contractor’s reasonable opportunity for introduction and storage of their
materials and equipment and performance of their activities, and shall connect and
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coordinate the Contractor’s construction and operations with theirs as required by the
Contract.
6.2.2 Defects in Other Work. If part of the Contractor’s Work depends upon construction or
operations by the Owner's own forces or other Contractor’s, the Contractor shall, prior to
proceeding with that portion of the Work, promptly report to the Design Professional
apparent discrepancies or defects in such other construction that would render it
unsuitable for proper execution and results. Failure of the Contractor to so report shall
constitute an acknowledgment that the Owner's own forces or other Contractor’s
completed or partially completed construction is fit and proper to receive the Contractor’s
Work, except as to defects not then reasonably discoverable.
6.2.3 Damage to Other Work. The Contractor shall promptly remedy damage caused by the
Contractor to the completed or partially completed Project or to the property of the
Owner or other Contractor’s.
ARTICLE 7 CHANGES IN THE WORK
7.1 CHANGE ORDERS
7.1.1 Defined. A Change Order is a written order issued to the Contractor by the Design
Professional and signed by the Owner and Design Professional authorizing a change in
the (1) Work, (2) Contract Sum and/or (3) Contract Time. The Contract Sum or Contract
Time may be increased or decreased only by Change Order. No Work shall be performed
by the Contractor or its Subcontractors for which the Contractor intends to seek
additional money or an extension of time unless the Contractor obtains a fully executed
Change Order prior to performing the Work. A Change Order signed by the Contractor
indicates the Contractor’s agreement therewith, including without limitation, any
adjustment in the Contract Sum or Contract Time. A Change Order signed by the
Contractor without any indication of change in the Contract Sum or Contract Time
indicates the Contractor’s agreement that there will be no change in the Contract Sum or
Contract Time (collectively "Change Order").
7.1.2 Contract Sum. Adjustments to the Contract Amount shall be based on:
7.1.2.1 A method to be determined by the Owner and an acceptable change in cost,
fee, scope and/or time.
7.1.3 Itemized Costs. For the purpose of preparing Change Orders, the Contractor shall submit
to the Design Professional a complete itemization of all costs required for the change in
such form and detail requested by the Design Professional and the Owner.
7.1.4 Overhead and Profit. The maximum that will be allowed for overhead and profit,
expressed as a percentage of the actual basic cost of the change, shall be as indicated in
the Contractor’s bid. Overhead and profit percentages shall be applied equally to additive
or deductive changes.
7.1.4.1 For the Contractor, for Work performed by the Contractor’s own forces,
overhead and profit percentage shall be as indicated in the Contractor’s bid.
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7.1.4.2 For the Contactor, for Work performed by the Contractor’s Subcontractor,
overhead and profit percentage shall be as indicated in the Contractor’s bid.
7.1.4.3 For each Subcontractor involved, for Work performed by that Subcontractor's
own forces, fifteen percent (15%) of the cost.
7.1.4.4 For each Subcontractor, for Work performed by the Subcontractor's
Subcontractor, five percent (5%) of the amount due the sub-Subcontractor.
7.1.4.5 Costs to which overhead and profit are to be applied shall be determined in
accordance with Article 7.1.5, but in no event shall they be applied to office
supervision, taxes, administration or any other costs not listed in Article 7.1.6.
7.1.5 Calculating Mark-Up Costs on a Change. All markups for changes, additive and
deductive shall be calculated in the following manner. When both additive deductive
activities exist within the same change, mark-ups shall be calculated on the net amount.
Each trade billing for a change shall indicate the PCO number and the amount billed
against the PCO number.
Example:
A) Direct Cost of the Work $1,000.00
B) Bond (.67%) $6.70 (A x B)
C) General Liability (.53%) $5.34 (A + B) x C
D) Builders Risk (.13%) $1.32 (A + B + C) x D
E) Subtotal $1,013.36 (A + B + C + D)
F) Overhead (3.00%) $30.40 (E x F)
G) Fee (1.00%) $10.13 (E x G)
H) Subtotal $1,053.89 (E + F + G)
I) Sales Tax (5.395%) $56.86 (H x I)
Total $1,110.75 (H + I)
7.1.6 Limitations on Costs. Costs for changes, to which overhead and profit are to be applied,
shall be limited to the following:
7.1.6.1 Actual costs of labor, including social security, old age and unemployment
insurance, fringe benefits required by agreement or custom, and workers'
compensation insurance;
7.1.6.2 Actual costs of materials, supplies and equipment, including cost of
transportation, whether incorporated or consumed, less applicable trade
discounts, rebates, credits or other such reductions in cost made available to
Contractor;
7.1.6.3 Actual rental costs of machinery and equipment not to exceed normal cost or
the cost of owning and maintaining such machinery or equipment, exclusive of
hand tools, whether rented from the Contractor or others;
7.1.6.4 Additional cost of field supervision personnel directly attributable to the
change.
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7.1.7 Costs of Material. Material costs shall be at the actual cost to the Contractor or
Subcontractor. Upon request, the Contractor, or Subcontractor, shall submit evidence to
substantiate the costs. Materials shall be quoted at trade discount price, with quantity
discounts also applied where the quantities warrant. Cash or prompt payment discounts
need not be credited. In any proposal with material credits, the credit shall be based on
the actual Contract cost of the material (including trade and quantity discounts) less any
charges actually incurred for handling or returning material, which has been delivered.
No cancellation or restocking charge will be allowed when material has not been shipped.
7.1.8 Actual Costs. Except for changes based on unit prices included in the Contract, cost
changes shall be computed by determining the actual cost as enumerated in Article 7.1.5.
to which the combined overhead and profit as approved by the Owner may be added, and
then adding the insurance, bonds, and tax to compute the total cost.
7.1.9 Unit Prices. Unit prices proposed on the Bid form and included in the Contract are not
subject to further overhead and profit adjustments. The Contract Sum will be adjusted by
the direct extension of the number of units and the unit prices.
7.1.10 Impact Costs. No claim for impact costs resulting from the performance of a Change
Order will be permitted against the Owner, the Design Professional, or any other party in
privity of Contract with the Owner with respect to the Project subsequent to the time that
the Change Order is signed by the Contractor.
7.1.11 Prompt Response to Proposed Changes. The Contractor shall promptly respond to any
Request for Proposal for changes initiated by the Owner or Design Professional, and in
any event shall provide a written itemized proposal in response to any such request within
fifteen (15) days after such request is made to the Contractor.
7.1.12 Final Settlement. Agreement on any Change Order shall constitute a final settlement of
all matters relating to the change in the Work which is the subject of the Change Order,
including, but not limited to, all direct and indirect costs associated with such change, any
impact such change may have on the unchanged Work, and any and all adjustments to the
Contract Sum or the Contract Time. In the event a Change Order increases the Contract
Sum, the Contractor shall include the Work covered by such Change Orders in
Applications for Payment as if such Work were originally part of the Contract.
Agreement on any Change Order releases the Owner, Design Professional and any other
party in privity of Contract with the Owner with respect to the Project from all claims or
liabilities arising in any way in connection with, or in any way associated with, such
change.
7.1.13 Identifying Changes in the Schedule-of-Values. Each change shall be listed separately in
the Contractor’s Schedule-of-Values. Changes shall be listed by Potential Change Order
number, by trade or Subcontractor and include a line item for the Contractor’s mark-ups
associated with the change.
Example:
(Example assumes fully executed Change Orders have been issued to the Contractor
including the PCO’s referenced) A change occurs involving three trades. The Design
Professional issues Potential Change Order Request #005. Another change occurs
involving two trades. The Design Professional issues Potential Change Order Request
#006.
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(Schedule-of Values) Scheduled Value Previously Paid This Period……
Electrical PCO #005 $1,000.00 0.00 0.00
Mechanical PCO #005 $1,500.00 0.00 0.00
Framing/Drywall PCO #005 $1,000.00 0.00 0.00
Contractor Markups PCO #005 $388.72 0.00 0.00
Electrical PCO #006 $1,000.00 0.00 0.00
Framing/Drywall PCO #006 $500.00 0.00 0.00
Contractor Markups PCO #006 $166.59 0.00 0.00
7.2 MINOR CHANGES IN THE WORK
7.2.1 Minor changes in the Work not involving adjustment in the Contract Sum or Contract
Time and not inconsistent with the intent of the Contract may be issued. Such changes
shall be effected by written order issued by the Design Professional, and shall be binding
on the Contractor. The Contractor shall carry out such written orders promptly.
7.3 CONSTRUCTION DIRECTIVE:
Defined. A Construction Directive (“C.D.”) is a written order prepared and signed by the Owner
directing the Contractor to proceed with a portion of a Scope of Work. Issuance of a
Construction Directive does not imply that a change in scope, cost or time applies. The
Contractor shall perform the work pursuant to the C.D. pending later resolution of any possible
issues relating to cost or time under the Contract.
Contractor’s Duty to Proceed with Scope of Work. Upon receipt of a Construction Directive, the
Contractor shall promptly proceed with the Work involved and advise the Owner of any
associated additional costs and/or time.
No payments will be made based on a Construction Directive. Payments will only be allowed
upon receipt of a fully executed Change Order.
ARTICLE 8 TIME
8.1 PROGRESS AND COMPLETION
8.1.1 Consent to Contract Time. The Contractor acknowledges that the Contract Time is a
reasonable period for performing the Work, and that it is capable of properly completing
the Work within the Contract Time.
8.1.2 Compliance with Contract Time. The Contractor shall carry the Work forward
expeditiously with adequate forces to maintain progress in accordance with the
Contractor Construction Schedule and to complete the Work within the Contract Time.
8.1.3 Notice Required Before Commencing Work. The Contractor shall give sufficient notice
in writing before commencement of the Work, to all persons, public utility companies,
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owners of property having structures or improvements in proximity to the Site,
superintendents, inspectors, or those otherwise in charge of property, streets, water lines,
gas lines, sewer lines, telephone cables, communication or data cables, electric cables,
railroads, or others who may be affected by Contractor’s operations, in order that they
may remove any obstruction for which they are responsible, and have representation on
the Site to see that their property is properly protected. Such notice does not relieve the
Contractor of responsibility for any damages, claims, or defense of all actions against the
Owner or Design Professional resulting from performance of the Work. Work within
secured areas must be scheduled in accordance with policies of Section 01000, Site Use
and Security Requirements.
8.1.4 Maintenance of Utilities. The Contractor shall (1) protect utilities encountered whether
indicated on Drawings or not; (2) exercise care in excavation around utilities; (3) restore
any damaged items to the same condition (or better) as existed prior to starting the Work;
and (4) maintain utilities or other services indicated to be abandoned in service until new
services are provided, tested, and ready for use.
8.2 DELAYS AND EXTENSIONS OF TIME
8.2.1 Notice of Delays. The Contractor shall provide prompt written notice to the Design
Professional of the occurrence of any delay, and in no event shall such notice be given
later than forty-eight (48) hours after commencement of the delay. The Contractor agrees
that adjustments in the Contract Time will be permitted for a delay only to the extent such
delay (1) is not caused or could not have been anticipated by the Contractor, and (2)
could not have been limited or avoided by the Contractor’s timely notice to its suppliers,
Subcontractors, or Design Professional of the delay. Failure to give timely notification to
the Design Professional shall constitute a waiver of claims related to any such delay.
8.2.2 Claims for Additional Time. Claims relating to time shall be made in accordance with
Article 4.2.5.
8.2.3 Recovery of Damages Not Precluded. This Article 8.2 does not preclude recovery of
Owner’s damages for delay by the Contractor if such occur.
8.3 TIME OF ESSENCE
8.3.1 Time is of the essence with respect to the performance of each of the covenants,
conditions and obligations contained in this Contract.
8.4 LIQUIDATED DAMAGES
8.4.1 LIQUIDATED DAMAGES - Contractor acknowledges that failure to achieve
substantial completion of the Work within the Contract Time provided by the Contract
Documents will cause the Owner to incur substantial economic damages and losses of
types and in amounts which are difficult or impossible to compute and ascertain with
certainty as a basis for recovery by the Owner of actual damages, and that liquidated
damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in
lieu of actual damages for such delay, the Contractor and its Surety agree that, in the
event of delayed completion and without the Owner being required to present any
evidence of the amount or character of actual damages sustained by reason thereof,
liquidated damages are due the Owner. Accordingly, if the Contractor fails to achieve
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Substantial Completion or Final Completion within the periods agreed to, the Contractor
shall be liable for any pay the Owner the sum specified as liquidated damages (and not as
a penalty) for each day of delay until the Contractor achieves the Substantial Completion
or Final Completion, as the case may be. The Owner shall have the right to retain such
damages from payments due Contractor. The Contractor shall be liable for such
liquidated damages regardless of whether Owner received or may receive liquidated
damages from other Contractor’s. Such liquidated damages are intended to represent
estimated actual damages and are not intended as a penalty, and Contractor shall pay
them to Owner without limiting Owner’s right to terminate this agreement for default as
provided elsewhere herein.
ARTICLE 9 PAYMENTS AND COMPLETION
9.1 SCHEDULE OF VALUES
9.1.1 Prior to submittal of the first Application for Payment, the Contractor shall submit to and
have accepted by the Owner and Design Professional, a schedule detailing values
allocated to various portions of the Work, prepared per Section 012973 and in such form
and supported by such data to substantiate its accuracy as the Owner or Design
Professional may require ("Schedule of Values"). This schedule, after acceptance by the
Owner and Design Professional, shall be used as a basis for reviewing the Contractor’s
Applications for Payment.
9.1.2 ALLOWANCES:
If the Contract includes any allowances, all documentation shall be furnished evidencing
the use of allowance funds.
Unless otherwise provided in the Contract Documents:
a. allowances shall cover the cost of materials and equipment delivered at the site,
unloading and handling at the site, labor, installation costs, less applicable trade
discounts;
b. sales tax overhead, or profit and other expenses, contemplated for stated
allowance amounts shall be included in the Contract Sum but not in the
allowances;
c. 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 the difference between actual costs and the allowances.
9.2 APPLICATIONS FOR PAYMENT
9.2.1 Defined. On the day of each month indicated in Section 012976 or the next Business Day
if such day is a legal holiday or weekend, the Contractor shall submit to the Design
Professional an itemized application requesting payment for Work completed, or
reasonably projected to be completed by the end of the month, in accordance with the
Schedule of Values, substantiating the Contractor’s right to payment as Design
Professional and Owner may require, such as copies of requisitions from Subcontractors
and reflecting retainage ("Application for Payment").
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9.2.2 Change Order Required for Payment. Applications for Payment may not include requests
for payment on account of changes in the Work that have been properly authorized by
Change Directives but not yet included in Change Orders.
9.2.3 Disputes with Subcontractors. Applications for Payment may not include requests for
payment of amounts the Contractor does not intend to pay to a Subcontractor because of
a dispute or other reason.
9.2.4 Retainage. Until the Work is fifty percent (50%) complete, the Owner will retain ten
percent (10%) of the amount due the Contractor on account of progress payments. When
the Contract is fifty percent (50%) complete, one-half of the amount retained shall be
paid to the Contractor upon the Contractor’s request and receipt of written consent by
Contractor’s Surety, provided the Contractor is making satisfactory progress on the
Contract and there is no specific cause or claim requiring a greater amount to be retained.
At the time the Work is fifty percent (50%) complete and thereafter, five percent (5%) of
the amount of each progress payment will be retained unless the Owner determines that
the Contractor is not making satisfactory progress or is in default under the Contract. If
the Owner determines that the Contractor is not making satisfactory progress or is in
default under the Contract, the Owner, at any time during performance of the Contract,
pursuant to Arizona Revised Statutes § 34-221.B, may withhold from any progress
payment an amount sufficient to pay the expenses the Owner reasonably expects to incur
in correcting any deficiency or default in addition to any other remedy allowed. The
Contractor shall have the right, pursuant to Arizona Revised Statues, to submit securities
in lieu of retention. The Contractor is required to request this option at least ten (10)
business days prior to submission of first Application for Payment to allow time for
preparation of forms. The Contractor shall request and obtain securities forms through
Owner. The Contractor must identify either securities option or retention option prior to
first Application for Payment.
9.2.5 Payment for Stored Materials. Unless otherwise provided in the Contract, payments may,
on a limited basis, be made on account of materials and equipment delivered and suitably
stored, either on or off the site, for subsequent incorporation in the Work. Approval for
payment of stored materials or equipment is at the sole discretion of the Owner. Within
14 days after acceptance of the Schedule of Values, the Contractor must provide a list of
materials and/or equipment (Stored Materials Payment Request) to the Design
Professional and Ownerthat the Contractor proposes to bill as stored materials or
equipment for that portion of the Work. The request shall detail the item, the proposed
location of the item, substantiation that any off-site location is a licensed and bonded
warehouse, and the anticipated delivery time. To qualify for consideration, the material or
equipment must be a critical material that is specially fabricated or produced for the
Work of this Contract, in accordance with the Contract, and paid for in full by the
Contractor. The Design Professional and Owner will not consider requests to pay for
items which are damaged or otherwise defective, or off-the-shelf type materials not
requiring a long lead time to order. Payment for materials and equipment stored shall be
conditioned upon (1) compliance by the Contractor with procedures satisfactory to the
Design Professional and Owner to establish the Owner's title to such materials and
equipment or otherwise protect the Owner's interest, (2) insurance as set forth in Article
11, and (3) source invoices to support the monies requested. The Request must include
an explanation of why a source invoice is unavailable or not applicable. Specific to off-
site materials, Design Professional and Owner may request inspection of off-site
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materials prior to acceptance for payment. All costs associated with inspection of off-site
materials and equipment, exclusive of time, shall be borne by Contractor, and Contractor
shall be responsible for all arrangements.
9.2.6 Title to Work. 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
also warrants that upon submittal of an Application for Payment all Work for which
payments have been received from the Owner shall be free and clear of liens, claims,
security interests or encumbrances in favor of the Contractor, Subcontractors, or other
persons or entities making a claim by reason of having provided labor, materials, or
equipment relating to the Work. All Applications for Payment shall include a
certification by Contractor that title to all Work covered by the Application for Payment
will be free and clear of liens, claims, security interests or encumbrances. The Contractor
shall also indemnify, defend, and hold harmless the Indemnitees against any lien by any
Subcontractor, sub-Subcontractor, vendor, supplier, manufacturer or other entity or
person supplying labor, equipment, or materials related to the Work.
9.3 RECOMMENDATION FOR PAYMENT
9.3.1 Timing for Recommendation. The Contractor’s Application for Payment shall be
deemed approved and certified for payment within seven (7) days from the date of
submission to the Design Professional , unless within seven (7) days from the date of
submission, the Owner or Design Professinal issues a written finding to the Contractor
specifying those items in the Application for Payment that will not be approved for
payment. In addition to the retainage withheld under Article 9.2.4, the Design
Professional orOwner may withhold an additional amount from the progress payment
sufficient to pay the expenses that the Design Professional or Owner reasonably expects
to incur in correcting the deficiency set forth in the written finding. Undisputed portions
of progress payments shall be paid within fourteen (14) days after approval of the
Application for Payment by the Owner. The Design Professional shall recommend
payment to the Owner only upon their determination that the Work has progressed to the
point indicated in the Contractor’s Application for Payment and that to their knowledge,
information and belief, the quality of the Work is in accordance with the Contract.
9.3.2 Recommendation Subject to Later Evaluation. The recommendation of the Design
Professional and the decision of the Owner to make a payment is subject to later
evaluation of the Work for conformance with the Contract upon Substantial Completion,
to results of subsequent tests and inspections, to minor deviations from the Contract
correctable prior to completion and to specific qualifications expressed by the Owner or
Design Professional. The issuance of a recommendation for payment will not be a
representation that the Owner or Design Professional 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 Subcontractors and material suppliers and
other data requested by the Design Professional or 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.
9.4 DECISIONS TO WITHHOLD RECOMMENDATION
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9.4.1 Criteria for Withholding Recommendation. The Design Professional may decide not to
recommend payment and may withhold a recommendation in whole or in part, to the
extent reasonably necessary to protect the Owner, if in the Design Professional's opinion
the representations to the Owner required in Article 9.3.1 cannot be made. If the Design
Professional is unable to recommend payment in the amount of the Application for
Payment, the Design Professional will notify the Contractor and Owner as provided in
Article 9.3.1. If the Contractor and Design Professional cannot agree on a revised
amount, the Design Professional will promptly issue a recommendation for the amount
for which the Design Professional is able to make a recommendation to the Owner. The
Design Professional may also decide not to recommend payment or, because of
subsequently discovered evidence or subsequent observations, may nullify the whole or a
part of a recommendation previously issued, to such extent as may be necessary in the
Design Professional's opinion to protect the Owner from loss because of:
9.4.1.1 Defective Work not remedied;
9.4.1.2 Third party claims filed or reasonable evidence indicating probable filing of
such claims;
9.4.1.3 Reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum;
9.4.1.4 Damage to the Owner or another Contractor;
9.4.1.5 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;
9.4.1.6 Repeated failure to carry out the Work in accordance with the Contract;
9.4.1.7 Unsatisfactory prosecution of the Work or failure to comply with the Contract
Schedule;
9.4.1.8 Failure to supply Shop Drawings or other required submittals;
9.4.1.9 Erroneous estimates by the Contractor of the value of the Work performed;
9.4.1.10 The existence of a breach by the Contractor of any provision in the Contract; or
9.4.1.11 Failure to execute an assignment of insurance related proceeds pursuant to
Article 11.2.2.10.
9.4.1.12 Failure to provide close out requirements as required by Contract;
9.4.1.13 Failure of the Contractor to make payments properly to Subcontractors or for
labor, materials or equipment;
9.4.1.14 Failure to submit conditional and unconditional lien waivers for progress and
final payments as required by Article 9.2.6.
9.4.1.15 Failure to submit schedule updates and narratives required by Section 013216.
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9.4.1.16 Failure to maintain and provide as built documents per Section 017839.
9.4.2 Recommendation Made Upon Compliance. When the above reasons for withholding
recommendation are removed, recommendation will be made for amounts previously
withheld.
9.5 PAYMENTS TO SUBCONTRACTORS
9.5.1 Payment to be Made Within Seven Days. In accordance with A.R.S. § 34-221(E), the
Contractor shall pay each Subcontractor, within seven (7) days of receipt of payment
from the Owner, out of the amount paid to the Contractor on account of such portion of
the Work. The amount to which each Subcontractor is entitled shall reflect payments to
the Contractor on account of such Subcontractor's portion of the Work. The Contractor
shall, by appropriate agreement with each Subcontractor, require each Subcontractor to
make payments to sub-Subcontractors, vendors, and materialsmen in the same manner.
9.5.2 No Obligation to Oversee Payments. Neither the Owner nor Design Professional shall
have an obligation to pay or to see to the payment of money to a Subcontractor.
9.5.3 Payment Not Acceptance of Work. A payment recommendation, a progress payment, or
partial or entire use or occupancy of the Project by the Owner shall not constitute
acceptance of Work which is not in accordance with the Contract.
9.6 INTEREST
9.6.1 If any payment to the Contractor is delayed after the date due, the Owner shall pay
interest at the rate of one and one-half percent (1.5%) per month or fraction of a month on
such unpaid balance as may be due, provided however, that such one and one-half
percent (1.5%) charge shall not apply to any disputed portion of an Application for
Payment. If any periodic or Final Payment to a Subcontractor is delayed by more than
seven (7) days after receipt of the periodic or Final Payment by the Contractor or
Subcontractor, the Contractor or Subcontractor shall pay interest to his Subcontractor or
material supplier, beginning on the eighth day, at the rate of one and one-half percent
(1.5%) per month or a fraction of a month on such unpaid balance as may be due.
9.7 FAILURE OF PAYMENT
9.7.1 If the Contractor, for any reason not the fault of the Contractor, is not paid any
undisputed amount within fourteen (14) days after the date payment is due, the
Contractor may, upon seven (7) additional days written notice to the Design Professional
and Owner, stop the Work until payment of the amount owing has been received.
Notwithstanding the preceding, the Contractor shall not stop the Work during the
pendency of a dispute which has been submitted to Alternative Dispute Resolution
pursuant to Exhibit “B,” nor shall the Contractor stop the Work if the Owner makes
payment of any amounts not in dispute within seven (7) days after the Contractor’s notice
of nonpayment is received by the Owner.
9.8 SUBSTANTIAL COMPLETION
9.8.1 Defined. Substantial Completion is the stage of completion of the Work or area of Work
when that portion of the Project or Work for which the Contractor is responsible is fully
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usable by the Owner for its intended purpose without inconvenience to or risk of harm to
the Owner, or the public. The authority to determine whether the Contractor has
achieved Substantial Completion is vested in the first instance with the Design
Professional in consultation with the Owner, and ultimately in the Owner, whose decision
shall be final and binding.
9.8.2 Certificate of Substantial Completion. When the Contractor considers that the Work, or a
portion thereof which the Owner agrees to accept separately, is substantially complete,
the Contractor shall prepare and submit to the Design Professional a comprehensive list
of items to be completed or corrected. All Record Documents, Operation and
Maintenance Manuals, the Contractor’s and manufacturers’ warranties, guarantees,
reports and information required for the Owner to operate the facility in accordance with
Article 9.8.1 shall be provided in the quantities specified. The Contractor shall, in the
time frame indicated in the Contract Documents, complete and correct all items on the
list, unless a longer time is granted by the Owner in writing. 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. Upon receipt of the list, the Design Professional, assisted
by the Owner, will make an inspection to determine whether the Work or designated
portion thereof is substantially complete. If the inspection discloses any item, whether or
not included on the list, which is not in accordance with the requirements of the Contract,
the Contractor shall, before issuance of the Certificate of Substantial Completion,
complete or correct such item upon notification by the Owner. The Contractor shall then
submit a request for another inspection by the Design Professional, assisted by the
Owner, to determine Substantial Completion. When the Work or designated portion
thereof is substantially complete, the Design Professional will prepare a certificate which
shall (1) establish the date of Substantial Completion, (2) establish responsibilities of the
Owner and Contractor for security, maintenance, heat, utilities, and damage to the Work,
and (3) shall fix the time within which the Contractor shall finish all items on the list
accompanying the Certificate ("Certificate of Substantial Completion"). 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.
9.9 FINAL COMPLETION AND FINAL PAYMENT
9.9.1 Final Inspection. Following the Design Professional’s issuance of a Certificate of
Substantial Completion of the Work and upon completion of the Work, the Contractor
shall forward to the Design Professional a written notice that the Work is ready for final
inspection and acceptance and shall also forward to the Design Professional a final
Application for Payment. Upon receipt, the Design Professional will promptly make
such inspection. If the Design Professionalfinds the Work acceptable under the Contract
and the Contract fully performed, the Design Professional will promptly issue a final
recommendation to the Owner stating that to the best of their knowledge, information and
belief, and on the basis of their observations and inspections, the Work has been
completed in accordance with the Contract and that the remaining Contract Sum is due,
including all retainage, less authorized deductions.
9.9.2 Conditions to Final Payment. Final Payment to the Contractor shall be made within
thirty-five (35) days after compliance by the Contractor with Article 9.9.1 and Article
9.9.2. Neither Final Payment nor any remaining retainage shall become due until the
Contractor submits to the Design Professional (1) an affidavit acknowledging that all
Subcontractors, payrolls, bills for materials and equipment, and other indebtedness
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connected with the Work will be paid or otherwise satisfied once final payment is made,
(2) the written consent of the Surety to Final Payment, (3) a full and final release and
conditional waiver of liens from the Contractor and all Subcontractors. The Contractor
shall also indemnify, defend, and hold harmless the Indemnities against liens by any
Subcontractor (collectively “Final Payment”). Within fourteen (14) days after final
payment, the Contractor shall provide an unconditional waiver of all Contractor and
Subcontractor liens. Release of retention and/or securities in lieu of retention shall not
occur until all unconditional waivers have been received.
If the Owner prefers to accept Work that is not in accordance with the requirements of the
Contract, 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 for the difference in
value together with an allowance for damage or loss of quality. Such adjustment shall be
effected whether or not Final Payment has been made.
9.9.3 Delay of Final Completion. 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 the Owner shall, upon application
by the Contractor and without terminating the Contract, make payment of the balance due
for that portion of the Work fully completed and accepted. In such case, the Owner will
retain at least two times the value of the incomplete or uncorrected parts of the Work, as
determined by the Design Professional and Owner. If the remaining balance for Work
not fully completed or corrected is less than retainage stipulated in the Contract 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 Design Professional
and Owner prior to recommendation of such payment. Such payment shall be made under
terms and conditions governing Final Payment.
9.9.4 Waiver of Claims. Acceptance of final payment by the Contractor shall constitute a
waiver of all claims related to the Project. .
9.10 INSPECTION BY DESIGN PROFESSIONAL AND OWNER
9.10.1 The Design Professional and the Owner will make up to two inspections of the Work for
the purpose of determining Substantial Completion and up to two inspections of the
Work for the purpose of determining Final Completion. If, after making either of such
inspections, the Owner determines that the Work is not substantially complete or finally
complete, as the case may be, the Contractor shall be responsible for the costs of the
Design Professional and the Owner incurred in the performance of additional inspections
for the purpose of determining Substantial Completion or Final Completion, as the case
may be.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS
10.1.1 Contractor’s Responsibility. The Contractor shall be responsible for initiating,
maintaining and supervising all safety precautions and programs in connection with the
Work. A copy of the written site-specific Safety Program will be submitted to the
Owner.
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10.1.2 Remedy for Failure to Maintain Safety. If the Contractor fails to maintain the safety
precautions required by law the Owner may take action as necessary and charge the
Contractor therefore. However, the failure of the Owner to take any such action shall not
relieve the Contractor of its obligations set forth in Article 10.1.1. If the Contractor fails
to maintain the safety precautions required by law or by the Owner, the Contractor shall,
if directed by the Owner, remove all forces from the Project without cost or loss to the
Owner until the Contractor complies with such safety precautions. The Contractor shall
not be granted additional time for completion of the Work if the Work is stopped by the
Owner or Agency due to the Contractor’s non-compliance with these provisions.
10.1.3 Environmental Hazards and archeological items.. In the event the Contractor encounters
on the Site archeological artifacts or remains or material reasonably believed to contain
asbestos, polychlorinated biphenyls (PCBs), petroleum based substances, or hazardous
substances (as defined or regulated under any federal, state, or local law), the Contractor
shall (1) immediately stop Work in the area affected and report the condition to the
Owner by the fastest available means and follow up in writing; and (2) take reasonable
precautions to prevent or contain the movement, spread or disturbance of such materials.
The Work in the affected area shall not thereafter be resumed except by written consent
of the Owner. In no event shall the Owner have any responsibility for any substance or
material that is brought to the Site by the Contractor, any Subcontractor, any materialman
or supplier, or any entity for which any of them is responsible. The Contractor agrees not
to use any fill or other materials to be incorporated into the Work, which are hazardous,
toxic or comprised of any items that are hazardous or toxic. The Contractor shall
indemnify, defend, and hold harmless the Indemnitees from and against any and all
liabilities, claims, or demands (including attorney's fees and costs) arising out of or
resulting from the presence, uncovering, release of suspected or confirmed asbestos,
polychlorinated biphenyls (PCBs), petroleum based substances, or hazardous substances
to the extent caused by the negligence of, or failure to comply with, the terms and
conditions of the Contract by the Contractor, any Subcontractor, any materialman or
supplier, or any entity for whom any of them is responsible. The Contractor may request
from the Owner any environmental reports which were completed by Owner’s
environmental consultant(s) for this Project.
10.1.4 Duty to Stop Work. If reasonable precautions will be inadequate to prevent foreseeable
bodily injury or death to persons resulting from a material or substance 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 in
writing.
10.2 PROTECTION OF PERSONS AND PROPERTY
10.2.1 Contractor’s Duty to Protect. The Contractor shall take reasonable precautions during the
work for safety of, and shall provide reasonable protection to prevent damage, injury or
loss to:
10.2.1.1 Employees on the Work and other persons who may be affected thereby;
10.2.1.2 The Work and materials and equipment to be incorporated therein, whether in
storage on or off the Site, under care, custody or control of the Contractor or
the Contractor’s Subcontractors;
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10.2.1.3 The Work and materials and equipment to be incorporated therein, if the
Project Site is within a floodplain;
10.2.1.4 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
10.2.1.5 Construction or operations by the Owner or other Contractor’s.
10.2.2 Compliance with Safety Notices and Laws. The Contractor shall comply with applicable
laws, ordinances, rules, regulations and lawful orders of public authorities bearing on
safety of persons or property or their protection from damage, injury or loss.
10.2.3 Safety Precautions. 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. The Contractor shall also be responsible, at the Contractor’s sole cost and
expense, for all measures necessary to protect any property adjacent to the Site and
improvements thereon. Any damage to such property or improvements shall be promptly
repaired by the Contractor. Without limiting the indemnity provisions elsewhere in the
Contract, the Contractor shall indemnify, defend and hold harmless the Indemnitees from
and against any and all liabilities, claims or demands (including attorney's fees and costs)
arising out of or resulting from damage to such property or improvements.
10.2.4 Use of Explosives or Hazardous Materials. When use or storage of explosives or other
hazardous materials or equipment or unusual methods is necessary for execution of the
Work, the Contractor shall exercise utmost care and carry on such activities under
supervision of properly qualified personnel. When use or storage of explosives, other
hazardous materials or equipment or unusual methods are necessary, the Contractor shall
advise the Owner of the existence or storage of such materials.
10.2.5 Contractor Liability. The Contractor shall promptly remedy damage and loss to any
property caused in whole or in part by the Contractor or Subcontractor or anyone or by
anyone for whose acts they may be liable.
10.2.6 Safety Representative. The Contractor shall designate a responsible member of the
Contractor’s organization at the Site whose duty shall be the prevention of accidents and
administration of the Contractor’s written Safety Program. The Safety Representative
shall be onsite full-time and shall have a minimum of a 10-Hour Occupational Safety and
Health Training Course within the past (2) years and must maintain that competency.
This person shall attend all project safety meetings and shall conduct regular safety
meetings for employees of the Contractor and Subcontractors engaged in construction
activities at the Site.
10.2.7 Accident Reports. The Contractor shall report in writing within one (1) working day of
the Contractor’s knowledge, to the Owner, all accidents arising out of or in connection
with the Work which cause death, personal injury or property damage, giving full details
and statements of any witnesses. In addition, if death or serious personal injuries or
serious damages are caused, the accident shall be reported immediately by telephone or
messenger to the Owner.
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10.2.8 Safety Cooperation. The Contractor and its Subcontractors shall cooperate fully with the
Owner and all interested parties on accident prevention and claim handling procedures.
10.2.9 Risk of Loss. The Contractor shall be fully responsible for, and shall bear the full risk of
loss of, all the Contractor’s tools, equipment, materials, and other property. The
Contractor shall be responsible to the Owner in the event that Contractor destroys or
damages Owner’s premises or property.
10.3 EMERGENCIES
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, (and
shall act in a manner chosen at the Contractor’s discretion), to prevent 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 4.2 and Article 7.
ARTICLE 11 INDEMNIFICATION AND INSURANCE
11.1 INDEMNIFICATION
11.1.1 Contractor’s Duty to Indemnify and Defend. To the fullest extent permitted by law, the
Contractor shall defend, indemnify and hold harmless the Owner, its agents,
representatives, officers, directors, officials, and employees from and against all claims,
damages losses, and expenses, including but not limited to attorney fees, court costs,
expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or
alleged to have resulted from the negligent, reckless, or intentionally wrongful acts,
errors, omissions or mistakes of the Contractor, its agents, representatives, employees, or
Subcontractors relating to the performance of this Contract. Contractor’s duty to defend,
indemnify and hold harmless the Owner, its agents, representatives, officers, directors,
officials, and employees shall arise in connection with any claim, damage loss or expense
that is attributable to bodily injury, sickness, disease, death or injury to, impairment, or
destruction of property, including loss of use resulting therefrom, caused by the
referenced acts, errors, omissions or mistakes in the performance of this Contract,
including those made by any person for whose acts, errors, omissions or mistakes, the
Contractor may be legally liable.
11.1.1.2 The amount and type of insurance coverage requirements set forth below
will in no way be construed as limiting the scope of the indemnity in Article
11.1.
11.2 INSURANCE
11.2.1 General Conditions
11.2.1.1 Contractor, at Contractor’s own expense, shall purchase and maintain the
herein stipulated minimum insurance from a company or companies duly
licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating
of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business
in the State of Arizona, provided that said insurance companies meet the
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approval of Owner. The form of any insurance policies and forms must be
acceptable to Owner.
11.2.1.2 All insurance required herein shall be maintained in full force and effect until
all work or service required to be performed under the terms of the Contract is
satisfactorily completed and formally accepted. Failure to do so may, at the
sole discretion of Owner, constitute a material breach of this Contract.
11.2.1.3 Contractor’s insurance shall be primary insurance as respects Owner, and any
insurance or self-insurance maintained by Owner shall not contribute to it.
11.2.1.4 Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect the
Owner’s right to coverage afforded under the insurance policies.
11.2.1.5 The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to Owner under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and Owner, at its option, may require Contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable
and unconditional letter of credit.
11.2.1.6 Owner reserves the right to request and to receive, within 10 working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. Owner shall not be obligated, however, to review such policies
and/or endorsements or to advise Contractor of any deficiencies in such
policies and endorsements, and such receipt shall not relieve Contractor from,
or be deemed a waiver of Owner’s right to insist on strict fulfillment of
Contractor’s obligations under this Contract.
11.2.1.7 The insurance policies required by this Contract, except Workers’
Compensation, and Errors and Omissions, shall name Owner, its agents,
representatives, officers, directors, officials and employees as Additional
Insureds.
11.2.1.8 The policies required hereunder, except Workers’ Compensation, and Errors
and Omissions, shall contain a waiver of transfer of rights of recovery
(subrogation) against Owner, its agents, representatives, officers, directors,
officials and employees for any claims arising out of Contractor’s work or
service.
11.2.2 Contractor is required to procure and maintain the following coverages:
11.2.2.1 Commercial General Liability. Commercial General Liability insurance and, if
necessary, Commercial Umbrella insurance with a limit of not less than
$2,000,000 for each occurrence, $4,000,000 Products/Completed Operations
Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include
coverage for bodily injury, broad form property damage, personal injury,
products and completed operations and blanket Contractual coverage, and shall
not contain any provision which would serve to limit third party action over
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claims. There shall be no endorsement or modification of the CGL limiting the
scope of coverage for liability arising from explosion, collapse, or underground
property damage.
11.2.2.2 Automobile Liability. Commercial/Business Automobile Liability insurance
and, if necessary, Commercial Umbrella insurance with a combined single
limit for bodily injury and property damage of not less than $2,000,000 each
occurrence with respect to any of the Contractor’s owned, hired, and non-
owned vehicles assigned to or used in performance of the Contractor’s work or
services under this Contract.
11.2.2.3 Workers’ Compensation. Workers’ Compensation insurance to cover
obligations imposed by federal and state statutes having jurisdiction of
Contractor’s employees engaged in the performance of the work or services
under this Contract; and Employer’s Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
11.2.2.5 Builder’s Risk (Property) Insurance. Contractor shall purchase and maintain,
on a replacement cost basis, Builders’ Risk insurance and, if necessary,
Commercial Umbrella insurance in the amount of the initial Contract amount
as well as subsequent modifications thereto for the entire work at the site. Such
Builders’ Risk insurance shall be maintained until final payment has been made
or until no person or entity other than Owner has an insurable interest in the
property required to be covered, whichever is earlier. This insurance shall
include interests of Owner, Contractor, and all Subcontractors and sub-
Subcontractors, in the work during the life of the Contract and course of
construction, and shall continue until the work is completed and accepted by
Owner. For new construction projects, Contractor agrees to assume full
responsibility for loss or damage to the work being performed and to the
structures under construction. For renovation construction projects, Contractor
agrees to assume responsibility for loss or damage to the work being performed
at least up to the full Contract amount, unless otherwise required by the
Contract documents or amendments thereto.
Builders’ Risk insurance shall be on a special form and shall also cover false
work and temporary buildings and shall insure against risk of direct physical
loss or damage from external causes including debris removal, flood and
earthquake, demolition occasioned by enforcement of any applicable legal
requirements, and shall cover reasonable compensation for Design
Professional’s service and expenses required as a result of such insured loss
and other “soft costs” as required by the Contract.
Builders’ Risk insurance must provide coverage from the time any covered
property comes under Contractor’s control and/or responsibility, and continue
without interruption during construction, renovation, or installation, including
any time during which the covered property is being transported to the
construction installation site, and while on the construction or installation site
awaiting installation. The policy will provide coverage while the covered
premises or any part thereof are occupied. Builders’ Risk insurance shall be
primary and not contributory.
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11.2.2.7 If the Contract requires testing of equipment or other similar operations, at the
option of Owner, Contractor will be responsible for providing property
insurance for these exposures under a Boiler Machinery insurance policy.
11.2.3 Contractor waives all rights against Owner and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered by the
Workers’ Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by Contractor pursuant to this agreement.
11.2.4 CERTIFICATES OF INSURANCE
11.2.4.1 Prior to commencing work or services under this Contract, Contractor shall
furnish Owner with Certificates of Insurance in a form acceptable to Owner, or
formal endorsements as required by the Contract in the form provided by the
Owner, issued by Contractor’s insurer(s), as evidence that policies providing
the required coverages, conditions and limits required by this Contract are in
full force and effect. Such certificates shall identify this Contract number and
title.
11.2.4.2 In the event any insurance policy(ies) required by this Contract is(are) written
on a “claims made” basis, coverage shall extend for one year past completion
and acceptance of Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
11.2.4.3 If a policy does expire during the life of the Contract, a renewal certificate must
be sent to Owner fifteen (15) days prior to the expiration date.
11.2.4.4 Subguard insurance will not be accepted by the COUNTY.
11.2.5 CANCELLATION AND EXPIRATION NOTICE
Insurance required herein shall not expire, be canceled, or materially changed without
thirty (30) days prior written notice to Owner.
11.3 PERFORMANCE AND PAYMENT BONDS
11.3.1 Bonds. Contractor shall obtain, at its own expense, performance and payment bonds as
required by A.R.S. § 34-222. Contractor warrants that its payment and performance
bonds fully comply with A.R.S. § 34-222.
11.3.2 Copies to Potential Beneficiaries. Upon the request of any person or entity appearing to
be a potential beneficiary of bonds covering payment of obligations arising under the
Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy
to be made.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
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12.1 UNCOVERING OF WORK
12.1.1 Duty to Uncover Work. If a portion of the Work is covered contrary to the Owner's or
Design Professional’s request or to requirements specifically expressed in the Contract, it
must, if required 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 Cost of Uncovering Work. If a portion of the Work has been covered which the Owner
or Design Professional has not specifically requested to observe prior to its being
covered, the Owner or Design Professional may request to see such Work and it shall be
uncovered by the Contractor. If such Work is in accordance with the Contract, costs of
uncovering and replacement shall, by appropriate Change Order, be charged to the
Owner. If such Work is not in accordance with the Contract, the Contractor shall pay
such costs.
12.2 CORRECTION OF WORK
12.2.1 Duty to Correct Rejected Work. The Contractor shall promptly correct all Work rejected
by the Owner as defective or failing to conform to the requirements of the Contract,
whether observed before or after Substantial Completion of the Work and whether or not
fabricated, installed or completed. The Contractor shall bear costs of correcting such
rejected Work including the replacement or repair of other work affected by the
Contractor’s performance, including additional testing and inspection and compensation
for the Owner's and Design Professional’s services made necessary thereby. Work
rejected before Final Completion shall be corrected prior to Final Payment.
12.2.2 One Year Duty to Correct Work. Without limiting the Owner's statutory, common law,
or rights arising out of this Agreement, if within one year after the date of Substantial
Completion of the Work, or within such longer period of time as may be prescribed by
law or by the terms of any applicable special warranty or guarantee required by the
Contract, any of the Work is found to be defective or not in accordance with the
requirements of the Contract, the Contractor shall correct it promptly after receipt of
written notice from the Owner to do so. In the event that during the warranty period of
one year, key systems on the Project (for example: HVAC, boilers, chillers, generators,
electric, fire or security, water, sewage, elevator, data) fail to function, the Contractor will
repair or replace such systems within twenty-four (24) hours. The Contractor shall bear
all costs of correcting such defective Work, including replacement or repair of other work
affected by the defect and any other damages resulting from such defect. The obligations
under this Article 12.2.2 shall survive Final Payment to the Contractor.
12.2.3 Removal of Nonconforming Work. The Contractor shall remove from the Site, at no
additional cost, portions of the Work that are not in accordance with the requirements of
the Contract and are neither corrected by the Contractor nor accepted by the Owner.
12.2.4 Owner's Right to Correct Nonconforming Work. If the Contractor fails to correct
nonconforming Work within a reasonable time, the Owner may correct it in accordance
with Article 2.3. If the Contractor does not proceed with correction of such
nonconforming Work within a reasonable time fixed by written notice from the Owner.
The Owner may remove it and store the salvable materials or equipment at the
Contractor’s expense. If the Contractor does not pay costs of such removal and storage
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within ten (10) days thereafter, the Owner may sell such materials and equipment at
auction or at private sale and shall account for the net proceeds thereof, after deducting
the costs that should have been borne by the Contractor, including compensation for the
Owner's and Design Professional’s additional services and expenses made necessary
thereby. If such proceeds of sale do not cover costs that the Contractor should have
borne, the Contract Sum shall be reduced by the deficiency. If payments then or
thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall
pay the difference to the Owner.
12.2.5 Cost of Correcting Other Affected Work. The Contractor shall bear the cost of correcting
destroyed or damaged construction, whether completed or partially completed, of the
Owner, the Contractor or other Contractor’s caused by the Contractor’s correction or
removal of Work which is defective or not in accordance with the requirements of the
Contract.
12.2.6 Warranty Periods. Nothing contained in this Article 12.2 shall be construed to establish a
period of limitation with respect to obligations that the Contractor has under the Contract
or at law, including Article 3.8. Establishment of the time period of one year as
described in Article 12.2.2, or such longer period of time as may be prescribed by law or
by the terms of any warranty required by the Contract, 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 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.
12.2.6.1 4 hours for emergency repair work. An “emergency repair” is defined
as that work necessary due to health and safety, or to return the facility
to safe and functional operation.
12.2.6.2 16 hours for urgent repair work. An “urgent repair” is defined as that
work needed to repair intermittent interruptions to operations or
potential safety hazards.
ARTICLE 13 MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the laws of the State of Arizona.
13.1.2 This Contract is made in accordance with and subject to the provision of all applicable
laws, statutes, ordinances, rules, regulations, executive orders and codes. To the extent
required by applicable law, each party hereto shall comply and require its Subcontractors
and suppliers to comply with all then applicable federal, state of Arizona and local
nondiscrimination laws, rules, regulations, ordinances and executive orders, including,
without limitation, the Civil Rights Act of 1964, the Age Discrimination in Employment
Act and the Americans with Disabilities Act, as they may be amended, modified,
codified, supplemented or repealed from time to time.
13.2 SUCCESSORS AND ASSIGNS
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13.2.1 The Owner and the Contractor respectively bind themselves, their successors, assigns and
legal representatives to the other party hereto and to successors, assigns and legal
representatives of such other party in respect to covenants, agreements and obligations
contained in the Contract.
13.3 NOTICES
13.3.1 Methods of Notice. All notices pursuant to this Agreement must be in writing and must
be sent to the appropriate Person and will be deemed properly given if sent by (1)
personal delivery, (2) e-mail, return receipt required, (3) express mail, postage prepaid,
return receipt required, or (4) certified United States mail, postage prepaid, return receipt
required. Mailed notices are not effective until actually received.
Each party may by notice to the others specify a different address for subsequent notice
purposes.
13.3.2 Authorized Persons. Written notice to the Owner shall be transmitted to the Construction
Project Manager. Notice to the Contractor shall be transmitted to the Contractor’s Project
Manager.
13.4 RIGHTS AND REMEDIES
13.4.1 Legal Rights. Duties and obligations imposed by the Contract 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. This clause shall not be
interpreted to permit the Contractor to recover any costs or damages that are otherwise
limited, prohibited or waived by the Contract.
13.4.2 No Waiver. No action or failure to act by the Owner, Design Professional 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.
ARTICLE 14 CONTRACT INTERPRETATION.
14.1 HEADINGS
14.1.1 The subject headings of this Agreement are included for purposes of convenience only
and shall not affect the construction or interpretation of any provision of this Agreement.
14.2 MISCELLANEOUS
14.2.1 In the interest of brevity, the Contract frequently omits 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. To the extent permitted by the context in which used, (1) words in the
singular member shall include the plural, words in the masculine gender shall include the
feminine and neuter, and vice versa; and (2) (unless specified otherwise) references to
Articles are to Articles of Section 00700, General Conditions to the Construction
Contract.
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14.2.2 This Agreement is subject to the laws of the State of Arizona.
ARTICLE 15 TERMINATION OR SUSPENSION OF THE CONTRACT
15.1 TERMINATION BY THE OWNER FOR CAUSE
15.1.1 Criteria for Termination for Cause. The Owner may terminate the Contract for cause if
the Contractor materially breaches the Contract including but not limited to the Contractor’s::
15.1.1.1 Repeatedly refusing or fails to supply enough properly skilled Workers or
proper materials;
15.1.1.2 Repeatedly disregarding laws, ordinances, or rules, regulations or orders of a
public authority having jurisdiction;
15.1.1.3 Material breaches of any provision of the Contract;
15.1.1.4 Failure to furnish the Owner with assurances satisfactory to the Owner
evidencing the Contractor’s ability to complete the Work in compliance with
all the requirements of the Contract; or
15.1.1.5 Failure after commencement of the Work to proceed diligently and
continuously with the construction and completion of the Work for more than
seven (7) days, except as permitted under the Contract.
15.1.1.6 Repeatedly refusing or failing to carry out the Safety provisions as required by
Contract.
15.1.1.7 Failure to make payment to Subcontractors, vendors or materialmen for
materials or labor in accordance with the respective agreements between the
Contractor and such entities.
15.1.2 Effect of Termination for Cause. When any of the above conditions exist, the Owner
may without prejudice to any other rights or remedies of the Owner and after giving the
Contractor and the Contractor’s Surety, if any, three (3) days' written notice, terminate
the Contract and may, subject to any prior rights of the Surety:
15.1.2.1 Take possession of the Site and all materials, equipment, tools, and
construction equipment machinery thereon owned by the Contractor;
15.1.2.2 Accept assignment of subcontracts pursuant to Article 5.4; and
15.1.2.3 Finish the Work by whatever reasonable method the Owner may deem
expedient.
15.1.3 Contractor Right to Receive Payment. When the Owner terminates the Contract for one
of the reasons stated in Article 15.1.1, the Contractor shall not be entitled to receive lost
profits for work not performed nor shall the Contractor receive further payment until the
Work is finished.
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15.1.4 Costs for Finishing Work. If the unpaid balance of the Contract Sum exceeds costs of
finishing the Work, including compensation for the Owner's and Design Professional’s
services and expenses made necessary thereby, such excess shall be paid to the
Contractor. If such costs 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 Design Professional after consultation
with the Owner, and this obligation for payment shall survive termination of the Contract.
15.2 SUSPENSION BY THE OWNER FOR CONVENIENCE
15.2.1 Owner's Right. 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. The Contractor shall not be entitled to receive lost profits for
work not performed.
15.2.2 Adjustment in Contract Sum. An adjustment shall be made by formal change order for
increases or decreases in the cost of performance of the Contract, caused by suspension,
delay or interruption. No adjustment shall be made to the extent:
15.2.2.1 That performance is, was or would have been so suspended, delayed or
interrupted by another cause for which the Contractor is responsible; or
15.2.2.2 That an equitable adjustment is made or denied under another provision of this
Contract.
15.3 OWNER'S TERMINATION FOR CONVENIENCE
15.3.1 Effect of Termination for Convenience. The Owner reserves the right to terminate the
Contract for convenience and without cause even if the Contractor has not failed to
perform any part of the Contract. The Contractor shall not be entitled to receive lost
profits for work not performed. Termination of the Work hereunder shall be effected by
written notice to the Contractor. Upon receipt of such notice, the Contractor shall, unless
the notice otherwise directs:
15.3.1.1 Immediately discontinue the Work and the placing of all orders and
subcontracts in connection with this Contract;
15.3.1.2 Immediately cancel all of the existing orders and subcontracts made hereunder;
15.3.1.3 Immediately transfer to the Owner (if the Owner requests) all materials,
supplies, Work in progress, appliances, facilities, machinery and tools acquired
by the Contractor in connection with the performance of the Contract, and take
such action as may be necessary or as the Owner may direct for protection and
preservation of the Work relating to this Contract; and
15.3.1.4 Deliver all plans, Drawings, Specifications and other necessary information to
the Owner.
15.3.2 Contractor’s Exclusive Remedy. If the Owner terminates the Contract for convenience,
the following shall be the Contractor’s exclusive remedy:
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Project Name: County Administration Building Re-Roofing
Project No.: 15023-S
15.3.2.1 Reimbursement of all actual expenditures and costs approved by the Owner as
having been made or incurred in performing the Work;
15.3.2.2 Reimbursement of expenditures made and costs incurred with the Owner's
prior written approval in settling or discharging outstanding commitments
entered into by the Contractor in performing the Contract; and
15.3.2.3 In no event shall the Contractor be entitled to anticipated fees or profits on
Work not performed.
15.3.3 Warranties, Guarantees and Indemnitees to Remain in Effect. All obligations of the
Contractor under the Contract with respect to completion of the Work, including but not
limited to all warranties, guarantees and indemnities, shall apply to all Work completed
or substantially completed by the Contractor. Any termination by the Owner or payments
to the Contractor shall be without prejudice to any claims or legal remedies that the
Owner may have against the Contractor for any cause.
15.3.4 Conversion of Termination for Cause to Termination for Convenience. Upon a
determination that a termination of this Contract other than a termination for convenience
under this Article was wrongful or improper for any reason, such termination shall
automatically be deemed converted to a convenience termination under this Article 15,
and the Contractor’s remedy for such wrongful termination shall be limited to the
recoveries specified under Article 15.3.2.
15.3.5 Remedy Limited to Damages. In the event that the Contractor is terminated, whether for
cause or convenience, the Contractor’s sole remedy shall be for damages. In no event
shall the Contractor be entitled to reinstatement or other equitable relief from a court or
through alternative dispute resolution as provided in an Exhibit attached hereto.
15.3.6 Notice that Contract is Subject to Termination Provisions of A.R.S. § 38-511. The
parties acknowledge, and as required by law, notice is hereby given that this Contract is
subject to A.R.S. § 38-511.
END OF SECTION
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EXHIBIT A
ALTERNATIVE DISPUTE RESOLUTION
1.1 Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the
alternative dispute resolution (“ADR”) process provided for herein shall be the exclusive means
for resolution of claims or disputes arising under, relating to or touching upon the Contract, the
interpretation thereof or the performance or breach by any party thereto, including but not limited
to original claims or disputes asserted as cross claims, counterclaims, third party claims or claims
for indemnity or subrogation, in any threatened or ongoing litigation or arbitration with third
parties, if such disputes involve parties to contracts containing this ADR provision.
1.2 Neutral Evaluator, Arbitrators. The County will select a Neutral Evaluator to serve as set forth
in this ADR process. As needed under § 1.6.2 below, the County and Contractor shall each select
an arbitrator to serve as set forth in this ADR process. Each arbitrator selected shall be a member
of the State Bar of the State of Arizona and shall have experience in the field of construction law.
All arbitrators, once selected, shall serve as neutral arbitrators, even if they are party-appointed.
The County and the Contractor shall name their respective arbitrators within five (5) calendar
days after the declaration of a failure of mediation or the mutual waiver of mediation.
1.3 Discussion and Partnering. When a claim is made or a dispute arises relating to the Contract,
senior representatives of the County and the claimant will meet personally within ten (10) days to
discuss the claim/dispute and attempt to resolve it. If, after good faith efforts, resolution is not
achieved, the claim/dispute (hereafter “dispute”) will proceed to the neutral evaluation process.
1.4 Neutral Evaluation Process. If the parties have been unable to resolve the dispute after
discussions and partnering, the following neutral evaluation process shall be used to resolve any
such dispute.
1.4.1 Notification of Dispute. The County through its Agent shall promptly notify the Neutral
Evaluator in writing of the existence of a dispute within ten days of the County or the
Contractor declaring need to commence the neutral evaluation process.
1.4.2 Non-Binding Informal Hearing. The Neutral Evaluator shall schedule a non-binding
informal hearing of the matter to be held within ten (10) calendar days from receipt of
notification of the existence of a dispute. The Neutral Evaluator may conduct the hearing
in such manner as he deems appropriate and shall notify each party of the hearing of its
opportunity to present such evidence as they believe will resolve the dispute. The Neutral
Evaluator shall notify each party to the dispute that they shall submit a written outline of
the issues and evidence intended to be introduced at the hearing and their proposed
resolution of the dispute to the Neutral Evaluator before the hearing commences.
Potential Arbitrators shall not participate in such informal hearing or proceedings
process. The Neutral Evaluator is not bound by the rules of evidence when admitting
evidence in the hearing and may limit the length of the hearing, the number of witnesses
or any evidence introduced to the extent deemed relevant and efficient.
1.4.3 Non-Binding Decision. The Neutral Evaluator shall render a non-binding written
decision as soon as possible, but not later than five (5) calendar days after the hearing
concludes.
EXHIBIT-A Rev. 7/17/2014
1.4.4 Further proceedings. In the event that either party declines to accept the Neutral
Evaluator’s decision as the resolution of the dispute, the dispute will proceed to
mediation.
1.5 Mediation. In the event that a meeting of principals and neutral evaluation have failed, the
parties shall engage in mediation (as a condition precedent to arbitration) within fifteen (15) days
of a party’s notifying the Neutral Evaluator that the party declines to accept the Neutral
Evaluator’s decision as the resolution of the dispute. The mediator shall be chosen by the parties’
agreement. If such agreement is not reached by five (5) days after the neutral evaluator’s receipt
of a party’s notification, then the mediator shall be named by the Neutral Evaluator. In the event
that mediation fails (or is waived by both parties) then the matter shall proceed to binding
arbitration.
1.6 Binding Arbitration Procedure. The following binding arbitration procedure shall serve as the
exclusive method to resolve a dispute if any party chooses not to accept the decision of the
Neutral Evaluator and mediation has failed or has been waived. A party requesting binding
arbitration shall notify the Neutral Evaluator in writing within seven (7) calendar days of the
failure or waiver of mediation of the party’s demand for arbitration. If the Contractor requests
arbitration it shall post a cash bond with the Neutral Evaluator in an amount agreed upon by the
parties or, in the event of no agreement, the Neutral Evaluator shall establish the amount of the
cash bond to defray the cost of the arbitration as set forth in paragraph 1.6.11 and the proceeds
from the bond shall be allocated in accordance with paragraph 1.6.13 by the Arbitration Panel.
The bond must be in the full amount agreed upon or as established by the Neutral Evaluator to
pay the potential cost of the full arbitration proceeding. The bond must be posted with and
received by the Neutral Evaluator within five (5) calendar days after the demand for arbitration.
1.6.1 Arbitration Panel and Applicable Law and Rules. Disputes involving less than
$200,000 shall be heard by one single arbitrator chosen by agreement of the parties. For
disputes in excess of $200,000, the Arbitration Panel shall consist of three arbitrators: the
County's appointed arbitrator, the Contractor's appointed arbitrator and a third arbitrator
(or “neutral arbitrator”) who shall be selected by the parties' arbitrators as set forth in
Section 1.5.2. The arbitration is to be convened and administered under the Revised
Uniform Arbitration Act (“RUAA”) (A.R.S. § 12-3001 et seq.) and the American
Arbitration Association Construction Rules shall serve as a guideline for proceedings,
thus as a supplement to the RUAA.
1.6.2 Selection of Neutral Arbitrator. For disputes in excess of $200,000, the parties’
arbitrators shall choose the Neutral Arbitrator, within ten (10) calendar days of
notification of a demand for arbitration having been received by the Neutral Evaluator.
The Neutral Arbitrator shall have the same qualifications as those of the arbitrators set
forth in paragraph 1.2 above. In the event that the two party selected arbitrators cannot
agree on a Neutral Arbitrator as set forth above, the Neutral Arbitrator shall be selected as
the Default Neutral Arbitrator. If the County and Contractor cannot agree on the single
arbitrator or upon a Default Neutral Arbitrator, then County and the Contractor shall each
submit two names to Judge Eino Jacobson, or his successor as designated by Maricopa
County, who shall select one person. The Neutral Arbitrator may submit his invoices for
services to the Owner, and the Owner shall pay the amounts invoiced (subject to the
provisions of paragraph 1.4.13) unless and until the Contractor is determined by the
Arbitration Panel to be the non-prevailing party and the Arbitration Panel determines per
1.6.11 what party pays such costs.
EXHIBIT-A Rev. 7/17/2014
1.6.3 Expedited Hearing. The parties have structured this procedure with the goal of
providing for the prompt, efficient and final resolution of all disputes falling within the
purview of this ADR process. To that end, any party can petition the Neutral Evaluator to
set an expedited hearing. If the Neutral Evaluator determines that the circumstances
justify it, the Neutral Evaluator shall contact the selected single arbitrator or Arbitration
Panel and arrange for scheduling of the arbitration at the earliest possible date. In any
event, the hearing of any dispute not expedited will commence as soon as practical but in
no event later than twenty (20) calendar days after notification of request for arbitration
having been received. This deadline can be extended only with the consent of all the
parties to the dispute, or by decision of the single arbitrator or the Arbitration Panel upon
a showing of emergency circumstances.
1.6.4 Procedure. The single arbitrator or the Arbitration Panel will conduct the hearing in
such a manner that will resolve disputes in a prompt, cost efficient manner giving regard
to the rights of all parties. Each party shall supply to the single arbitrator or Arbitration
Panel a written pre-hearing statement which shall contain a brief statement of the nature
of the claim or defense, a list of witnesses and exhibits, a brief description of the subject
matter of the testimony of each witness who will be called to testify, and an estimate as to
the length of time that will be required for the arbitration hearing. The single arbitrator or
the Arbitration Panel shall review and consider the Neutral Evaluator decision. The single
arbitrator or the Chairman shall determine the nature and scope of discovery, if any, and
the manner of presentation of relevant evidence consistent with deadlines provided
herein, and the parties’ objective that disputes be resolved in a prompt and efficient
manner. No discovery may be had of any materials or information for which a privilege is
recognized by Arizona law. The single arbitrator or the Chairman upon proper
application shall issue such orders as may be necessary and permissible under law to
protect confidential, proprietary or sensitive materials or information from public
disclosure or other misuse. Any party may make application to the Maricopa County
Superior Court to have a protective order entered as may be appropriate to confirm or
enforce such orders of the Chairman.
1.6.5 Hearing Days. In order to effectuate parties’ goals, the hearing once commenced, will
proceed from working day to working day until concluded, absent a showing of
emergency circumstances.
1.6.6 Award. The single arbitrator shall within ten (10) calendar days of the conclusion of a
hearing issue a reasoned award. The Arbitration Panel shall, within ten (10) calendar
days from the conclusion of any hearing, by majority vote issue its reasoned award. The
award shall include an allocation of fees and costs pursuant to 1.6.11 herein. The award is
to be in accordance with the Contract and the law of the State of Arizona.
1.6.7 Scope of Award. Regardless of the provisions of the RUAA, the Arbitration Panel shall
be without authority to award punitive damages, and any such punitive damage award
shall be void. If an award is made against any party in excess of one hundred thousand
dollars ($100,000), exclusive of interest, arbitration fees, costs and attorneys’ fees, it shall
be supported by written findings of fact, conclusions of law and a statement as to how
damages were calculated.
1.6.8 Jurisdiction. The Arbitration Panel shall not be bound for jurisdictional purposes by the
amount asserted in any party’s claim, but shall conduct a preliminary hearing into the
question of jurisdiction over the claim as regards its amount upon application of any party
EXHIBIT-A Rev. 7/17/2014
at the earliest convenient time, but not later than the commencement of the arbitration
hearing. If the dispute is in reality one involving less than $200,000, the arbitration shall
continue before the Neutral Arbitrator as a single arbitrator, with the party appointed
arbitrators being excused.
1.6.9 Entry of Judgment. As provided in the RUAA, any party can make application to the
Maricopa County Superior Court for confirmation of an award, and for entry of judgment
on it.
1.6.10 Severance and Joinder. To reduce the possibility of inconsistent adjudications, the
Neutral Evaluator or the single arbitrator or Arbitration Panel, may: (i) at the request of
any party, join and/or sever parties, and/or claims arising under other contracts containing
this ADR provision, and (ii) the Neutral Evaluator, on his own authority, or the single
arbitrator or Arbitration Panel may, on its own authority, join or sever parties and/or
claims subject to this ADR process as deemed necessary for a just resolution of the
dispute, consistent with the parties’ goal of the prompt and efficient resolution of
disputes, provided, however, that the A/E, Owner and Project Professionals shall not be
joined as a party to any claim made by a Contractor. Nothing herein shall create the right
by any party to assert claims against another party not germane to the Contract or not
recognized under the substantive law as applicable to the dispute. Neither the Neutral
Evaluator nor the single arbitrator or Arbitration Panel is authorized to join to the
proceeding parties not in privity with the County. Contractor cannot be joined to any
pending arbitration proceeding, without Contractor’s express written consent and unless
Job Order Contractor is given the opportunity to participate in the selection of the single
arbitrator or non-County appointed arbitrator.
1.6.11 Fees and Costs. Each party shall bear its own fees and costs in connection with any
informal hearing before the Neutral Evaluator and the mediation. All fees and costs
associated with any arbitration before the single panel or Arbitration Panel, including
without limitation the Arbitrator fees, and the prevailing party’s reasonable attorneys’
fees, expert witness fees and costs, will be paid by the non-prevailing party, except as
provided for herein. In the event that Contractor is the non-prevailing party, all fees and
costs as noted above shall first be paid out of the bond posted with the Neutral Evaluator.
In no event shall the Contractor’s obligation to pay fees and costs be limited to the
amount of the bond posted herein. In no event shall any Arbitrator’s hourly fees be
awarded in an amount in excess of $250 per hour and (i) costs shall not include any travel
expenses in excess of mileage at the rate paid by Maricopa County, not to exceed a one
way trip of 150 miles, and (ii) all travel expenses, including meals, shall be reimbursed
pursuant to the travel policy of Maricopa County in effect at the time of the hearing. The
determination of prevailing and non-prevailing parties, and the appropriate allocation of
fees and costs, will be included in the award by the single arbitrator or Arbitration Panel.
Fees for the Neutral Evaluator shall be paid by County.
1.6.12 Confidentiality. Any proceeding initiated under this ADR provision shall be deemed
confidential to the maximum extent allowed by Arizona law and, except for disclosures
to a party’s attorneys or accountants, no party shall make any disclosure related to the
disputed matter or to the outcome of any proceeding except to the extent required by law,
or to seek interim equitable relief, or to enforce an agreement reached by the parties or an
award made hereunder. This provision does not affect the County’s right to inform the
County Supervisors of the resolution of the dispute.
EXHIBIT-A Rev. 7/17/2014
1.6.13 Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any
party can petition the Maricopa County Superior Court for interim equitable relief as may
become necessary to preserve the status quo and prevent immediate and irreparable harm
to a party or to the Project pending resolution of a dispute pursuant to ADR provided
herein. No court may order any permanent injunctive relief except as may be necessary to
enforce an order entered by the Arbitration Panel. The fees and costs incurred in
connection with any such equitable proceeding shall be determined and assessed in ADR.
1.6.14 Change Order. Any award in favor of the Contractor against the County or in favor of
the County against the Contractor shall be reduced to a Change Order and executed by
the parties in accordance with the award and the provisions of the Contract.
1.6.15 Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to
include all claims, demands, and requests for compensation for costs and losses or other
relief, including the extension of the Contract performance period which reasonably
should or could have been brought against any party that was or could have been brought
into this ADR process, with respect to the subject claim. The Arbitration Panel shall
apply legal principles commonly known as merger and bar to deny any claim or claims
against any party regarding which claim or claims recovery has been sought or should
have been sought in a previously adjudicated claim for an alleged cost, loss, breach, error,
or omission.
1.7 Inclusion in Other Contracts. The Contractor shall cooperate with the County in efforts to
include this ADR provision in all other project contracts. Subject to Contractor’s reasonable
agreement, the Contractor agrees that any modification to this ADR provision that is included in
the construction or other contracts shall also apply to the Contractor. It is the intent of the parties
that any changes to this ADR provision in later contracts will be evolutionary and designed to
incorporate the terms of this ADR provision without material changes to the substance or
procedure of this ADR provision.
END OF EXHIBIT
EXHIBIT-A Rev. 7/17/2014
SERIAL 15023-S
ATTACHMENT E
GENERAL REQUIREMENT
15023-Attachment
E.pdf
3/4/2015 1:01 PM February 26, 2015
Maricopa County Administration Building Reroofing
301 West Jefferson
Phoenix, AZ 85003
TABLE OF CONTENTS
DIVISION 01 - GENERAL REQUIREMENTS
SECTION TITLE1
01 00 00 Site Use and Security Requirements
01 06 00 Special Conditions
01 11 00 Summary of Work
01 24 13 Value Engineering Procedures
01 25 00 Substitution Procedures
01 26 13 Requests for Interpretation
01 26 63 Change Order Procedure
01 29 73 Schedule of Values
01 29 76 Progress Payment Procedures
01 31 19 Project Meetings
01 32 16 Construction Progress Schedule
01 33 00 Submittals
01 33 23 Shop Drawings, Product Data and Samples
01 45 00 Quality Control
01 45 29 Testing Laboratory Services
01 50 00 Temporary Facilities and Controls
01 60 00 Product Requirements
01 70 00 Closeout Requirements
01 73 29 Cutting and Patching
01 74 00 Cleaning
01 78 36 Warranties
DIVISION 07 – THERMAL & MOISTURE PROTECTION
SECTION TITLE
07 52 00 Modified Bitumen Roofing
FMD/DBB/TOC TABLE OF CONTENTS Page 1 of 1
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SECTION 01 00 00
SITE USE AND SECURITY REQUIREMENTS
PART 1 - GENERAL
1.01 CONSTRUCTION SITE
A. Safety and security must be maintained at all times, on the Construction Site and lay
down areas. It is the Contractor’s responsibility to coordinate construction activities that
may affect County operations or any surrounding business. A twenty-four (24) hour
advance written notice shall be given to the Owner or Owner’s Representative for any
activities or conditions that may affect operations, personnel, or clients.
B. There may be areas on the street level and within the parking garage beneath the
building designated with the Owner’s approval for Construction Support that is to be
enclosed within temporary construction fences erected by the Contractor to separate and
secure construction activities from the Public and County Employees. Contractor shall
discuss needs with the Owner and obtain the Owner’s approvals prior to initiating any
use.
C. Access to Construction Site shall be provided in accordance with requirements of
Section 01 50 00 – Temporary Facilities and Controls.
PART 2 - FACILITY ENTRY/EXIT REQUIREMENTS
2.01 Access for County business must be maintained.
2.02 Weapons, drugs and alcohol cannot be brought onto County property or the Construction Site.
2.03 Safety and security for all tools, equipment, and either stored or in-place materials on the site are
the responsibility of the Contractor. The Owner assumes no liability for loss or damage to tools or
equipment.
2.04 Contractor must immediately report any major losses or major unexplained damages to
equipment to the Owner or Owner’s Representative.
2.05 Contractor’s and construction personnel shall not talk to or interact with the media for any reason,
except with the prior written approval by the Owner, or Owner’s Representative.
2.06 The County reserves the right to inspect lunch boxes, toolboxes, clothing, and equipment of any
and all construction personnel permitted into existing secured areas.
2.07 The County reserves the right to require immediate removal of any worker or employee from
areas deemed to be considered secure in nature.
2.08 The work hours at the site will be agreed upon by the Contractor and Owner.
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Serial # 15023-S Project Title: Administration Building Re-Roofing (3310-15-1071)
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2.09 The Administration Building has required Security Badge Access. All workers must possess
badges issued by County Protective Services that require background check and identity
documentation acquired prior to being able to work.
A. Contractor is responsible for submitting application paperwork to the Owner’s
Representative using forms provided by the Owner in a complete manner.
B. The Owner is not responsible for the consequences, including schedule impact, resulting
from the time needed for the applications to be approved, nor from the denial of any or all
applicants.
PART 3 - SITE LIGHTING
3.01 The Contractor shall provide adequate security lighting at any street level staging or loading
areas supporting the Construction Site throughout the evening and nighttime non-work hours.
3.02 Contractor shall provide lighting devices and attachment devices including towers suitable for use
on the roof working area to facilitate night working hours when in the interest of weather
conditions and/or maintaining schedule.
PART 4 - DISRUPTIONS TO ELECTRICAL SERVICE
4.01 Electrical service shall be provided in accordance with Section 01 50 00 – Temporary Facilities
and Controls.
4.02 Electrical interruptions as the result of the Work of this Project are not anticipated, but should
interruptions be required the Owner or Owner’s Representative must have at least twenty-one
(21) days advance written notice prior to the electricity being shut off to any area outside of the
construction site. At the discretion of the Owner or Owner’s Representative, more notice may be
required.
4.03 The length of time electricity is off is to be coordinated with the Owner or Owner’s Representative
and kept to the absolute minimum.
END OF SECTION
FMD/DBB/GR § 01 00 00 SITE USE & SECURITY REQUIREMENTS Page 2 of 2
Serial # 15023-S Project Title: Administration Building Re-Roofing (3310-15-1071)
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SECTION 01 06 00
SPECIAL CONDITIONS
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings, and general provisions of the Contract, including General Conditions and
Division 1 Specification Sections, apply to this Section.
1.02 GOOD REPAIR
A. Definition: Good repair as defined in General Conditions shall be extended to include:
1. Roof Drainage including roof drain inlets and piping.
2. Flashing water resistance
3. Environmental/Process Applications of Work
4. Weathertightness
B. If in opinion of Owner, deterioration has taken place, the Owner or Owner’s
Representative shall notify the Contractor and his surety of said matter. If the Contractor
does not proceed to remedy such matters called to his attention by written notice within
five (5) days of notice, the Owner shall have sufficient cause to correct matters requiring
repairs as the Owner deems best, and entire cost shall be paid by Contractor and surety.
1.03 SITE MAINTENANCE
A. Maintain in good repair temporary trash containers, fences, barricades, and related items.
B. Keep site clean of debris, rubble, and paper. Store and stockpile materials in an
orderly manner and protect against damage.
1.04 DRAWINGS AND CONTRACT DOCUMENTS FOR CONTRACTOR USE
A. No Charge Documents: The Owner or Owner’s Representative will furnish to Contractor
Contract Documents upon request and as appropriate.
1.05 TESTING
A. The Owner may engage a qualified independent testing agency to perform quality
control testing normally required for Division - 07 Roofing.
1. Payment of these services will be made by the Owner.
2. Retesting of materials failing to meet the specified requirements shall be done
at the Contractor’s expense.
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1.07 DESIGN PROFESSIONAL & OWNER’S REPRESENTATIVE
A. There is no Architect or Engineer for this Project. A Roofing Consultant engaged by the
Owner with a limited scope of services prepared the Technical Specifications contained
herein under Division 7.
B. Throughout these General Requirements, wherever the term Design Professional, or
DP, appear, these are considered to be referring to the Owner’s Representative.
C. The Owner is represented by the following:
1. General Project Manager (PM) who is designated by the Owner as having the
lead responsibility for the entire Project and is the coordinator of the Project’s
process and Team. The PM is responsible for maintaining the Project budget
and, along with the Construction Project Manager, approval of all changes for
the Contractor cost or scope issues.
2. Construction Project Manager (CPM) is designated by the Owner as having
responsibility for all field activities, attending all construction meetings, and
administering the Construction Contract. The CPM reviews Applications for
Payment and forwards Applications to the PM for processing. The CPM is
responsible for coordinating monthly schedule updates and for engaging and
coordinating Contractor’s Change Order Requests for Time Extensions. The
CPM receives all close-out documents required by the Contract.
1.08 INSPECTION BY PUBLIC AGENCIES
A. Authorized representatives of the City, County and State of Arizona, shall have access
to the work wherever it is in preparation or progress. The Contractor shall provide
reasonable facilities for such access and inspection.
1.09 HAZARDOUS SUBSTANCES
A. The Contractor agrees that it shall not knowingly transport to, use, generate,
dispose of, or install at the project site any Hazardous Substance, (as defined in
Section 19.2.3), except in accordance with applicable Environmental Laws. Further, in
performing the Work, the Contractor shall not knowingly cause any release of hazardous
substances into, or contamination of, the environment, including the soil, the
atmosphere, any water course, or ground water, except in accordance with applicable
Environmental Laws.
B. In the event the Contractor encounters on the project site any Hazardous Substance,
or what the Contractor reasonably believes to be a Hazardous Substance, which is
being introduced to the Work, in violation of any applicable Environmental Laws, the
Contractor shall immediately stop Work in the area affected and report the condition to
the Owner or Owner’s Representative if in fact a Hazardous Substance has been
introduced and has not been rendered harmless.
C. The Owner or Owner’s Representative may direct the Contractor to remediate and/or
render harmless the Hazardous Substance in accordance with applicable permits then in
existence, but the Contractor shall not be required to remediate and/or render harmless
the Hazardous Substance absent such direction. If the Contractor is not so directed,
Contractor shall not be required to resume Work in any area affected by the Hazardous
Substance until such time as the Hazardous Substance has been remediated and/or
rendered harmless.
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D. For purposes of this Contract, the term "Hazardous Substance" shall mean and
include, but shall not be limited to, any element, constituent, chemical, substance,
compound or mixture, which are defined in or included under or regulated by any local,
state, or federal law, rule, ordinance, by-law, or regulation pertaining to environmental
Response, Compensation and Liability Act of 1980 (CERCLA), The Resource
Conversation and Recovery Act (RCRA), The Toxic Substances Control Act (TSCA),
The Clean Water Act (CWA), the Clean Air Act (CAA), The Occupational Safety and
Health Act (OSHA), The Superfund Amendments and Reauthorization Act of
1986(SARA), or other state or environmental clean-up or disclosure statues including all
state and local counterparts of such laws (all such laws, rules and regulations being
referred to collectively as Environmental Laws). It is the Contractor's responsibility to
comply with the law in effect at the time its services are rendered and to comply with any
amendments to those laws for all services rendered after the effective date of any such
amendments.
1.10 SAFETY AND SAFETY PLAN
A. The work shall be conducted under strict safety protocols and practices based on all the
prevailing regulations of the Federal Occupational Safety and Health Administration
(OSHA) and the Arizona Division of Occupational Safety and Health (ADOSH) as of the
time of the work.
B. Prior to starting work the Contractor shall submit to the Owner a comprehensive Safety
Plan along with a Method of Procedure (MOP) for work involving the following:
1. Roofing, flashings, and related involving work not within an area bounded by a
42-inch guard rail or other permanent barrier of the same height, such as a
parapet.
C. No work shall be conducted on or within an area of the required Safety Plan and MOP
until the Plan and MOP are reviewed by the Owner.
1. Allow 15 working days for Owner’s Risk Management staff to review of the
Safety Plan and MOP.
1.11 VEHICLE PARKING AND LOADING
A. There shall be no contractor/subcontractor/supplier parking, (including employees
thereof) in/on County facilities. All contractor/subcontractor parking, including all
workers parking shall be arranged by the Contractor directly with providers of City or
private, commercial parking facilities.
B. Parking and loading space for vehicles directly in essential support of the Work shall be
arranged by the Contractor through temporary street parking permits provided by the
City of Phoenix, or with the Owner for parking on County-owned space.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
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SECTION 01 11 00
SUMMARY OF WORK
PART 1 – GENERAL
1.01 WORK COVERED BY CONTRACT DOCUMENTS
A. Project: Removal of Existing Roofing and Re-Roofing of the Maricopa County
Administration Building located at 301 West Jefferson, Phoenix, AZ
B. Subcontractors shall review the Construction Documents in their entirety to ensure that
all materials, services, labor, and equipment required are included in their bid.
Documents are arranged by discipline (e.g. electrical) only as a convenience. It shall not be
assumed that work of a specified trade will be contained only within the specifications or
drawings that are identified with a specific discipline. Subcontractors are hereby notified
that the work of their trade may be contained on any or all of the documents. No additional
cost(s) will be paid by the Owner for work that is construed to be performed by another
trade because the work is specified or indicated on a document that is not specifically
identified for their trade.
1.02 DEFINITIONS PERTAINING TO THE CONTRACT DOCUMENTS
A. Furnish: To purchase and deliver.
B. Install: To place into final position and connect.
C. Provide: To furnish and install.
D. "As shown", "as detailed", "as indicated" or words of similar import mean as indicated on
the drawings
E. "As selected", "as approved" or words of similar import mean as selected by, as approved
by, or as accepted by the Design Professional and Owner.
F. "Approved equal", "or equal" shall mean as approved and accepted by the Design
Professional and Owner.
G. "Shall" means mandatory.
H. "As required" means as required by the contract documents.
I. "As necessary" means essential to the completion of the work.
J. "Concealed" means not visible in the finished work.
K. "Exposed" means visible in the finished work.
L. "Days" means calendar days, unless specifically indicated otherwise.
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M. Substantial Completion: That stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract
Documents so that the work indicated by the Contract Documents is certified by an
authorized representative of the roofing membrane manufacturer as being complete and
ready for warranty as provided in the Contract Documents.
N. “Weathertight” means resisting intrusion of water, dust, and wind into the building, including
resisting damage to exterior building components due to forces of storm winds.
1.03 WORK BY OWNER
A. Items noted 'NIC' (Not in Contract) will be furnished and installed by Owner.
1.04 OWNER FURNISHED ITEMS
A. Products furnished to the site and paid for by Owner shall be as noted on Drawings.
1.05 CONTRACTOR USE OF SITE
A. General: Contractor shall have full use of the site within Contract Limit Lines indicated
for construction operations during the construction period.
1. Contract Limit Lines are defined as primarily the perimeter of the low-slope roofs
along with designated areas of site requested by the Contractor and approved in
writing by the Owner for use by the Contractor for storage and handling of materials
and tools, as well as for other incidental areas supporting the Work of the Contract,
as designated in writing by the Owner.
B. Use of site shall allow for:
1. Owner occupancy and usage of this and adjacent buildings.
2. Work by Other Contractors and Work by Owner.
C. Owner Operations:
1. At no time during the work shall Contractor place, or cause to be placed, materials
or equipment, or other items, at a location that would impede or impair
access to or from the present facilities for the general public, customers,
employees, or delivery personnel.
2. Contractor shall cooperate with the Owner in providing traffic control during
course of construction in order to minimize inconvenience to Owner's customers
and employees. Contractor shall provide these traffic control service at no
additional cost to Owner.
D. Emergency Building Exits During Construction: Provide protection of emergency exits for
adjacent buildings as directed by and approved by Owner during the entire course of
construction.
E. Time Restrictions for Performing Work:
1. Construction hours as agreed by the Owner.
2. Restrictions may be placed on certain types of work and areas of site activity
depending on Owner needs such as working above occupied floors with any work
that results in vibration and/or noise levels exceeds those tolerated by the building
occupants.
F. Utility Outages and Shutdown: Non-emergency interruption of utility services to the existing
building(s) is not anticipated, but in the event one is required as the result of this work, it is
not permitted without advance written twenty-one (21) day minimum notice. Contractor
shall schedule pre- activity meeting with affected stakeholders with written plan of shutdown
activities, affected areas/systems. Include job hazard analysis, procedures, execution plan
and activity durations.
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1.06 PERMITS, FEES, AND NOTICES
A. Plan check fees will be paid by the Owner.
B. The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations, and lawful orders of public authority bearing on the performance of the Work.
C. It is the responsibility of the Design Professional to make certain that the Contract
Documents are in accordance with applicable laws, statutes, building codes and
regulations. If the Contractor observes that any of the Contract Documents are at variance
therewith in any respect, he shall promptly notify the Design Professional and Owner in
writing, and any necessary changes shall be accomplished by appropriate Modification.
D. If the Contractor performs Work knowing it to be contrary to such laws, ordinances, rules
and regulations, and without such notice to the Design Professional and Owner, the
Contractor shall assume full responsibility therefor and shall bear costs attributed thereto.
1.07 SPECIAL SITE CONDITIONS
A. The Contractor shall be solely and completely responsible for protecting the existing
buildings and surrounding site, including motor vehicles on the street below, from damage
and/or injury due to this Work and shall repair at his expense and to the Design
Professional's satisfaction, all areas damaged as a result of his Work.
B. Contractor shall make consideration of dust and debris. Means for maintaining operations
shall be discussed with, an approved by the Owner prior to commencing work.
C. Contractor shall make consideration of providing a visual screen as part of, or in addition,
the site fencing wherever, in the opinion of the Owner, additional privacy is needed for
adjacent building patrons.
1.08 APPROVED APPLICATORS
A. Where specific instructions in the Specifications require that a particular product and/or
material be applied and/or installed by an "approved applicator" it shall be the Contractor's
responsibility to insure that any Subcontractor or Sub-subcontractor used for such Work is
in fact currently certified, or otherwise approved in writing, by the particular Manufacturer for
this type of installation or application.
1.09 APPROVED MANUFACTURERS
A. Each Section of the Specifications may include a list of Manufacturers whose equipment
is acceptable as to manufacture, subject to conformance with the Contract Documents.
Careful checking must be made by the Contractor and the manufacturer or equipment
supplier to verify that the equipment will meet all capacities, requirements, and space
allocations as well as both being suitable to the intended purpose, and will be installed in
accordance with the Construction Schedule. ***
1.10 REFERENCE DATA
A. Reference data made available to the Contractor is for the Contractor's information only,
and neither the Owner nor the Design Professional assumes any responsibility for the
Contractor's conclusions.
B. The Contractor shall establish and maintain all buildings and construction grades, lines,
levels, and bench marks. This Work shall be performed by a licensed Civil Engineer or
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Surveyor under the employ of the Contractor, who shall certify to the Design Professional
that he has performed this service.
C. The Contractor shall not remove any property line markers, monuments, or data established
by the Owner.
1.11 NO DISCRIMINATION
A. It is the desire of the Owner that the facilities and improvements constructed under this
Contract meet or exceed the intent of applicable public law concerning prohibition of
discrimination, and that no individual be discriminated against on the basis of disability in
the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or
accommodations of this completed Project.
B. The designers and drafters of these Documents have intended to incorporate those
Owner's intentions into these Documents.
C. The Owner hereby solicits those providing elements of this Project to bid and contract for
the Project as required by these Documents, but at the time of submitting Shop Drawings,
or sooner when appropriate, and without causing delay in the Project, will also submit
proposals for improving the accessibility of the Project to physically or mentally impaired
persons.
END OF SECTION
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SECTION 01 24 13
VALUE ENGINEERING PROCEDURES
PART - GENERAL
1.01 SUMMARY
A. Section Includes: Administrative requirements for value engineering.
1.02 DEFINITIONS
A. Value Engineering:
1. To effect economy in the cost of constructing a project, and;
2. Evaluating and bettering of materials and systems in terms of dollars and
functional objectives.
1.03 ADMINISTRATIVE REQUIREMENTS FOR VALUE ENGINEERING OPTIONS
A. Whenever a material or system is specified, the specified item shall be understood as
establishing type, function, dimension, appearance, and quality desired. Other materials
and systems will be accepted as value engineering options provided sufficient
information is submitted to allow the Design Professional to determine that proposed
value engineering option materials and systems will meet the functional objectives of the
specified materials and systems.
B. Requests for approval of value engineering options:
1. Contractor shall request approval of each value engineering option, in writing, to
the Design Professional.
2. The request shall specifically state what specified materials and systems are
being substituted and shall state what materials and systems are being proposed
as value engineering options.
3. Design Professional will approve or reject value-engineering options in writing,
and in such form as the Design Professional or Owner directs. Owner has final
authority regarding approval of value engineering items.
4. Value engineering options will not be considered if they are indicated or implied
on submittals (shop drawings, product data or samples).
5. Value engineering options are encouraged and will be treated confidential as
proprietary to the Contractor making the value engineering option.
C. Contractor shall provide descriptive brochures, drawings, samples and other data as is
necessary to allow comparison to the specified materials and systems. Value
engineering information and data shall be well-marked and identified as to types and kind
of the items being proposed for value engineering option. Reference to catalogs will not
be acceptable unless catalog is included with proposal.
D. In proposing a value engineering option, the Contractor makes the following
representations:
1. Proposed value engineering option has been fully investigated and determined to
will meet the functional objectives of the specified materials and systems.
2. Maintenance service and source of replacement parts, as applicable, is available.
3. Cost data included on the value engineering option is complete. Claims for
additional costs related to accepted value engineering options which may
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subsequently become apparent are to be waived.
4. Coordination, installation, and changes in the Work as necessary for accepted
substitution will be complete in all respects.
5. Implementation of the value engineering option will not adversely affect other
systems.
E. Value engineering options which are accepted and require revisions to the Contract
Documents shall have the cost of the modifications to the Contract Documents deducted
from the savings proposed for the value engineering option. There will be a deductive
Change Order to the contract.
END OF SECTION
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SECTION 01 25 00
SUBSTITUTION PROCEDURES
PART 1 - GENERAL
1.01 DESCRIPTION
A. Provide all work and services for submitting, processing, and handling of requests
for substitution and product options. Any substitution or option shall be in accord
with provisions of Contract Documents.
B. Completely coordinate with work of other trades.
C. See appropriate sections of the Specifications for specific items.
D. Address submissions to Design Professional and Owner’s Representative.
1.02 PRODUCT SELECTION - GENERAL
A. Base bids on materials, equipment and procedures specified.
B. Certain types of equipment and kinds of material are described in Specifications by
means of trade names, catalog numbers and/or manufacturer's names. This is not
intended to exclude from consideration other items which may be capable of
accomplishing the purpose indicated. The words “or equal” allow submission under
Section 01 33 00 of products considered to be capable of accomplishing the
Specification criteria.
C. Prior Approvals for “or equal” products will be permitted in accordance with the submittal
requirements of this Section.
D. Other types of equipment and kinds of material may be acceptable to Owner. A
Substitution request (see 1.06 below) or Value Engineering request (see S e c t i o n 01 24
13) will be required to initiate review of these items.
E. Listing of a manufacturer implies acceptance of them only as the supplier of a product
which complies with specified item.
F. The Owner or Owner’s Representative, and DP reserve the right to require substitute
items to comply color- and pattern-wise with base specified items.
1.03 CONTRACTOR’S OPTIONS
A. For products specified only by reference standards, any product meeting standards may
be used.
B. For products specified by naming several products or manufacturers and “or equal”, use
any product or manufacturer named, or any product or manufacturer which meets all the
Specification criteria. Contractor may request Prior written Approval of an “or equal”
product or manufacturer in accordance with this Section.
C. For products specified by naming one manufacturer and product, and indicating product
is proprietary, select the product and manufacturer named.
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1.04 REQUESTS FOR APPROVAL PRIOR TO BID
A. Only written requests a minimum of twenty-one (21) days prior to shop drawing
submittals with complete submittal data will be considered.
B. In making request for prior a pproval, or in using a prior approved item, Contractor
acknowledges it :
1. Has investigated proposed product or method, and has determined that it is
equal or superior in all respects to that specified, and that it will perform the
intended function and not impact adversely other systems.
2. Will provide same guarantee for prior approved item as for product or method
specified.
3. Will coordinate installation of accepted prior approval into Work, to include
building modifications if necessary; making such changes as may be required for
Work to be complete and timely in all respects.
4. Waives all claims for additional costs related to any requested and/or approved
prior approval which may subsequently become apparent.
5. Shall pay for all Contractor requested modifications and/or revisions to the
Drawings and/or Specifications at no expense to the Owner, including any
resulting fees for added Design Professional services.
C. Contractor shall acknowledge acceptance of the foregoing provisions in request form.
D. If the request for prior approval requires any change to equipment, materials, and
methods of construction, such must be specifically indicated, and approved by the DP
and be agreed upon by Owner as part of the approval process.
E. Prior approval does not automatically mean equipment is approved. Final submittals and
shop drawings shall be made as required by the specifications for final approval of all
equipment and materials. Any changes required due to substitution are the Contractor's
responsibility.
1.05 SUBMITTAL DATA
A. Complete data substantiating compliance of proposed substitution with the Contract
Documents. Contractor shall request approval of such Substitution Request substitution,
in writing to the Design Professional using a request form prepared by the Design
Professional.
B. For products:
1. Products identification, including manufacturer's name.
2. Manufacturer's literature, marked to indicate specific model, type, size, and
options to be considered:
a. Product description.
b. Performance and test data.
c. Reference standards.
d. Difference in power demand, air quantities, etc.
e. Dimensional differences from specified unit.
f. Full size samples if requested. DP reserves the right to impound sample
until physical units are installed on project for comparison purposes.
Requester will pay all costs of furnishing and return of samples. DP is
not responsible for loss of, or damage to, samples not under their direct
control.
g. Name and address of similar projects and name of Owner's
Representative who can be contacted to discuss product, installation,
and field performance data.
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C. For construction methods:
1. Detailed description of proposed method.
2. Illustrate on drawings.
D. Itemized comparison of proposed prior approval to specified item.
E. Data relating to changes in construction schedule.
F. Relation to separate contracts.
G. Cost of proposed prior approval in comparison with product or method specified.
H. Any change to equipment, materials, and methods of construction must be specifically
indicated.
1.06 SUBSTITUTIONS AFTER CONTRACT EXECUTION
A. A Substitution is defined as a minor change in the type of materials operation of
equipment or method of manufacture or production of a specified item. Submission of
an item considered to be “ or equal” under the Specifications is not a Substitution and
should be submitted as a Shop Drawing, Product Data, or Sample under Section 01 33
00.
B. Substitutions will be considered after Contract execution provided data as required in
1.05 above is received by Owner or Owner’s representative a minimum of twenty-one
(21) days prior to show drawings submittals. A Substitution may be submitted as Value
Engineering request, per Section 01 24 13, if significant costs savings may be realized.
C. Substitutions will also be allowed for non–availability of specified item due to strikes,
lockouts, bankruptcy, discontinuance of production, proven shortage, or similar
occurrences.
D. Notify Owner or Owner’s Representative, in writing with substantiating data as soon as
non-availability becomes apparent, to avoid delay in construction. Only written requests
made a minimum of twenty-one (21) days prior to shop drawing submittals with complete
submittal data will be considered.
E. Forward submittal data as required for Prior Approvals in 1.05 above.
1.07 REJECTION OF SUBSTITUTION OR OPTIONAL ITEMS
A. Substitutions and/or options will not be considered if:
1. They are indicated or implied on shop drawings, or project data submittals,
without a timely formal request having been submitted in accordance with this
section.
2. Request for substitution does not indicate specific item for which request is
submitted. Acceptance of a manufacturer only will not be made.
PART2
Not Applicable
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PART3
PRODUCTS (Not Used)
EXECUTION (Not Used)
END OF SECTION
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SECTION 01 26 13
REQUESTS FOR INTERPRETATION
PART 1 - GENERAL
1.01 SUMMARY
A. Section Includes: Administrative requirements for requests for information/interpretation.
1.02 DEFINITIONS
A. Request For Information/Interpretation (RFI):
1. A document submitted by the Contractor to the Architect and Owner requesting
clarification of a portion of the Contract Documents, hereinafter referred to as
RFI.
2. A properly prepared request for information/interpretation shall include a detailed
written statement that indicates the specific Drawings or Specification in need of
clarification and the nature of the clarification requested. RFI shall indicate if cost
and/or schedule may be impacted.
a. Drawings shall be identified by drawing number and location on the
drawing sheet.
b. Specifications shall be identified by Section number, page and
paragraph.
3. Requests for Information: Request made by Contractor concerning items not
indicated on drawings or contained in Project Manual that is required to properly
perform the work.
4. Requests for Interpretation: Request made by Contractor in accordance with
Owner’s Representative’s third party obligations to the contract for construction.
B. Improper RFI's:
1. RFI's that are not properly prepared.
2. Hand-written RFI’s are not acceptable.
3. Improper RFI's will be processed by the Design Professional after receiving
corrected or clarified RFI forms. The Contractor will be notified by the Design
Professional prior to the processing of improper RFI's.
C. Frivolous RFI's:
1. RFI's that request information that is clearly shown on the Contract Documents.
2. Frivolous RFI's may be returned unanswered or may be voided. The
Contractor will be notified by the Design Professional prior to the processing of
frivolous RFI's.
1.03 CONTRACTOR'S REQUESTS FOR INFORMATION
A. RFI's shall be submitted on a form acceptable to the Design Professional and Owner. ***
1. Forms shall be completely filled in, and; shall be fully legible after photocopying
or transmission by facsimile (fax).
2. RFI’s shall be submitted in numerical order with no breaks in the
consecutive numbering.
3. Each page of attachments to RFI's shall bear the RFI number and shall be
consecutively numbered in chronological order.
4. RFI's may be submitted by E-Mail or via online project management system.
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B. When the Contractor is unable to determine from the Contract Documents, the
material, process or system to be installed, the Design Professional shall be requested to
make a clarification of the indeterminate item.
1. Wherever possible, such clarification shall be requested at the next appropriate
project meeting, with the response entered into the meeting minutes. When
clarification at the meeting is not possible, either because of the urgency of the
need, or the complexity of the item, Contractor shall prepare and submit an RFI
to the Design Professional.
2. RFI requesting clarification of an item required of a document known to have
been prepared by a consultant to the Design Professional may be sent directly
to the consultant with a simultaneous copy to the Design Professional, if this
direct communication is approved by the Design Professional.
C. Contractor shall endeavor to keep the number of RFI's to a minimum. In the event
that the process becomes unwieldy, in the opinion of the Design Professional (and
validated by Owner), because of the number and frequency of RFI's submitted, the
Design Professional may request that the Owner require the Contractor to abandon the
process and submit future requests as either submittals, substitutions or requests for
change.
D. RFI's shall be originated by the Contractor.
1. RFI's from subcontractors or material suppliers shall be submitted through,
reviewed by, and signed by the Contractor prior to submittal to the Design
Professional.
2. RFI's from subcontractors or material suppliers sent directly to the Owner’s
Representative, Design Professional or the Design Professional’s consultants
shall not be accepted and will be returned unanswered.
E. Contractor shall carefully study the Contract Documents to assure that the requested
information is not available therein. RFI's which request information available in the
Contract Documents will be deemed either "improper" or "frivolous" as noted above.
F. In cases where RFI's are issued to request clarification of coordination issues, for
example, pipe and duct routing, clearances, specific locations of work shown
diagrammatically, and similar items, the Contractor shall fully lay out a suggested
solution using drawings or sketches drawn to scale, and submit same with the RFI.
RFI's which fail to include a suggested solution will be returned unanswered with a
requirement that the Contractor submit a complete request.
G. RFI's shall not be used for the following purposes:
1. To request approval of submittals
2. To request approval of substitutions,
3. To request changes which are known to entail additional cost or credit. (A
Change Order Request form shall be used.)
4. To request different methods of performing work than those drawn and specified.
H. In the event the Contractor believes that a clarification by the Design Professional
results in additional cost or time, Contractor shall not proceed with the work indicated by
the RFI until a Change Order (or Construction Change Directive, if applicable to project)
is prepared and approved. RFI's shall not automatically justify a cost increase in the
work or a change in the project schedule.
1. Answered RFI's shall not be construed as approval to perform extra work.
2. Unanswered RFI's will be returned with a stamp or notation: Not Reviewed.
I. Contractor shall prepare and maintain a log of RFI'S, and at any time requested by the
Design Professional, Contractor shall furnish copies of the log showing outstanding
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RFI'S. Contractor shall note unanswered RFI's in the log.
J. Contractor shall allow up to 7 days for review and response time for RFI'S, unless
review is required of multiple consultants, then the review and response period shall be
10 working days. .
1. The Design Professional will endeavor to respond in a timely fashion to RFI's.
2. RFI shall state requested date/time for response, however, this requested
date/time for response is not a guarantee that the RFI will be answered by that
date/time if that date/time is too expeditious
1.04 DESIGN PROFESSIONAL'S RESPONSE TO RFI'S
A. Design Professional will respond to RFI's on one of the following forms:
1. Properly prepared RFI's:
a. Response directly upon Request for Information / Interpretation form.
b. Design Professional's Supplemental Instruction.
c. Request for Proposal.
2. Improper or Frivolous RFI's
a. Notification of Processing Fee(s).
b. Unanswered RFI’s will be returned with a stamp or notation: Not
Reviewed.
3. Answers to properly prepared RFI's may or may not be made directly upon the
RFI form as deemed appropriate by the Design Professional.
4. Design Professional will reference the RFI number when appropriate for tracking
purposes.
1.05. CONFIRMING RFI’S
A. The Contractor shall provide confirming RFI’s or other acceptable means of tracking
verbal directives and their resolution, whether initiated by the Design Professional,
Contractor or Owner.
PART 2 - PRODUCTS
Not applicable.
PART 3 - EXECUTION
Not applicable.
END OF SECTION
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SECTION 01 26 63
CHANGE ORDER PROCEDURE
PART 1 - GENERAL
1.01 DESCRIPTION
A. Only such changes in the Work, in the Change Order Sum, in the Change Order Time of
Completion, in the Contract language, or any combination thereof, may only be made if
described in written Change Orders signed by the Contractor, Owner or Owner’s
Representative and the DP and issued after execution of the Contract, in accordance
with the provisions of this Section.
1.02 OWNER REQUESTED REVISIONS
A. Owner requested revisions shall be issued through the Design Professional and only with
prior approval from the Owner. The Design Professional shall issue a revision along with
a Proposed Change Order Number (PCO) assigned by the Owner.
B. Within fifteen (15) days, the Contractor shall respond in writing to the PCO, in the
form of a Change Order Request (COR) detailing all costs and time and schedule
impacts. The Contractor’s Request shall reference the PCO Number.
C. Contractor makes Change Order Request directly to the Design Professional.
D. Contractor shall take no action until Design Professional has issued a fully executed.
1.03 PROCESSING CHANGES INITIATED BY THE OWNER
A. Should the Owner contemplate making a change in the work or a change in the Change
Order Time of Completion, the Design Professional will issue a proposal request (“P.R.”)
which will include a PCO.
1. Each PCO will be dated and will be numbered in sequence. The PCO will
describe the contemplated revision.
2. The Contractor shall respond with a Change Order Request, including any
extension of time. Time will only be considered when the critical path has been
extended. Contractor will include a complete break-down of all cost (including
subcontractor cost) and include a schedule impact analysis justifying any request
for an extension of time to the critical path. This is not an authorization to
proceed with the change.
3. If applicable, the Contractors Change Order Request shall be included in an
Owner Change Order by the Design Professional.
4. Following receipt of a fully executed Change Order the Contractor shall proceed
with the revision.
1.04 PROCESSING CHANGES INITIATED BY THE CONTRACTOR
A. Should the Contractor discover a discrepancy among the Contract Documents, a
concealed condition or other cause for suggesting a Change Order in the Work, a
change in the Change Order Sum, or a change in the Change Order Time of Completion,
he shall notify the Design Professional.
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1.05 PROCESSING CHANGE ORDER REQUESTS
A. Contractor submits COR to Design Professional.
1. State proposed changes to the Contract Sum, and/or Time and Schedule if any.
2. Clearly describe the changes in the work.
3. Include full backup data such as subcontractor's letter of proposal or similar
information. At a minimum the subcontractor’s supporting data shall provide a
breakdown of labor, labor rates, materials, taxes, delivery costs, indirect costs,
and overhead and profit as well as Time and Schedule impacts, including a
schedule analysis.
4. Each Contractor Change Order Request will be dated and will be numbered in
sequence.
5. If applicable, the Contractors Change Order Request shall be included in an
Owner Change Order by the Design Professional.
6. Following receipt of a fully executed Change Order the Contractor shall proceed
with the revision.
1.06 PROCESSING CHANGE ORDERS
A. Each Change Order will be dated and will be numbered in sequence.
B. A Change Order will describe the modification and will include the PCO, PR and
Contractor Change Order Request(s) involved, and will be signed by the Owner, or
Owner’s Representative, the Design Professional, and the Contractor.
C. The Design Professional will issue each Change Order to the Contractor.
1. The Contractor promptly shall sign each Change Order and return to the Design
Professional.
1.07 LOGS
A. Maintain a "Log of Change Order Requests" at the job site, accurately reflecting current
status of all pertinent data.
B. Make the Log available to the Design Professional, Owner, or Owner’s Representative for
review upon request.
PART2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
FMD/DBB/GR § 01 26 63 - CHANGE ORDER PROCEDURE Page 2 of 2
Serial # 15023-S Administration Building Re-Roofing (3310-15-1071)
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SECTION 01 29 73
SCHEDULE OF VALUES
PART 1 - GENERAL
1.01 DESCRIPTION
A. Work Included: Provide a detailed breakdown of the agreed Contract Sum showing values
allocated to each of the various parts of the Work as directed by the Design Professional
and Owner or Owner’s Representative, as specified herein and in other provisions of the
Contract Documents.
B. Related Work
1. Schedule of Values is required under Article 8 of the Contract for Construction
Services.
2. Schedule of Values is required to be compatible with AIA Document G703,
"Continuation Sheet" and accompany AIA Document G702, “Application and
Certificate for Payment”, as described in Section 01 29 76.
1.02 QUALITY ASSURANCE
A. Assure arithmetical accuracy of the sums described.
1.03 SUBMITTALS
A. Submit a proposed Schedule of Values to the Design Professional and Owner or Owner’s
Representative for approval.
1. The Schedule of Values shall subdivide the work into component parts in sufficient
detail to serve as the basis for progress payments during construction.
2. Meet with the Design Professional and Owner or Owner’s Representative and
determine additional data, if any, required to be submitted.
3. Secure the Design Professional and Owner or Owner’s Representative's approval
of the Schedule of Values prior to submitting first Application for Payment.
1.04 IDENTIFYING CHANGES IN THE SCHEDULE-OF-VALUES.
Each change shall be listed separately in the Contractor’s Schedule-of-Values. Changes shall be
listed by Potential Change Order number, by trade or subcontractor and include a line item for the
Contractor’s mark-ups associated with the change.
Example:
(Example assumes fully executed Change Orders have been issued to the Contractor including the
PCO’s referenced) A change occurs involving three trades. The Design Professional issues
Potential Change Order Request #005. Another change occurs involving two trades. The Design
Professional issues Potential Change Order Request #006.
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(Schedule-of Values) Scheduled Value Previously This Period……
Paid
Electrical PCO #005 $1,000.00 0.00 0.00
Mechanical PCO #005 $1,500.00 0.00 0.00
Framing/Drywall PCO #005 $1,000.00 0.00 0.00
Contractor Markups PCO $388.72 0.00 0.00
#005
Electrical PCO #006 $1,000.00 0.00 0.00
Framing/Drywall PCO #006 $500.00 0.00 0.00
Contractor Markups PCO $166.59 0.00 0.00
#006
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
FMD/DBB/GR § 01 29 73 SCHEDULE OF VALUES Page 2 of 2
Serial # 15023-S Administration Building Re-Roofing (3310-15-1071)
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SECTION 01 29 76
PROGRESS PAYMENT PROCEDURES
PART 1 - GENERAL
1.01 DESCRIPTION
A. General
1. Furnish all Applications for Payment as indicated, in accordance with provisions
of Article 8 of the Contract for Construction Services.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION
3.01 GENERAL
A. Approximately the 20th of the month the Contractor shall submit the Contractor’s
proposed pencil draft pay application to the Design Professional for review. On the first
(1st) of the month or the next business day if the first (1st) is a legal holiday or weekend,
the Contractor shall submit to the Design Professional an itemized Application for
Payment for the work completed to that date. This application will be reviewed for content
by the Design Professional. The Application shall match the approved pencil draft
application for Payment and shall be based on the accepted Schedule of Values, per
Section 01 29 73.
B. Provide supporting data substantiating the Contractor’s right to payment as the
Design Professional, Owner or Owner’s Representative may require. See 3.02 below for
requirements.
C. Submit estimates of the cost of work to be completed during the current calendar month
with the Application for Payment.
D. Submit Progress Photographs.
E. (Not Used)
F. Submit updated monthly Schedule.
G. Submit conditional and unconditional lien waivers from Contractor and subcontractors.
H. Submit documentation per the Contract for Construction Services for off-site stored
materials.
I. Submit SBE forms per the Contract for Construction Services.
J. Comply with other Specification Sections which contain requirements related to the
Contractor’s Application for Payment.
K. Demonstrate as-built project documents are up to date.
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3.02 APPLICATIONS FOR PAYMENT
A. Submit the Application for Payment on AIA Document G702, “Application and Certificate
for Payment” to the Design Professional. The Schedule of Values shall be submitted in a
in a format similar to AIA Document G703, “Continuation Sheet.
1. Provide back-up to support the Application as may be required by the Design
Professional.
B. Furnish electronically one (1) original Application for Payment with a schedule update in
PDF format.
C. The Application for Payment will serve as a certification of the status of project.
D. The notarized Signature on the Application for Payment shall be that of a duly authorized
agent of the Contractor.
E. Base Application for Payment upon 100 percent of value of work installed and materials
and equipment suitably stored at site and materials and equipment suitably stored off-site
in insured and/or a bonded warehouse.
F. Itemize Applications for Payment:
1. Submit Applications for Payment
2. Heading completed in full
3. Original contract sum
4. Change order summary completed
5. Net change by Change Order
6. Contract sum to date
7. Total completed and stored to date
8. Total earned, less retainage
9. Amount of previous payments
10. Current payment due
11. Balance to finish
12. Notarized section completed
13. Completed Schedule of Values as identified in 3.02 A above.
END OF SECTION
FMD/DBB/GR § 01 29 76 PROGRESS PAYMENT PROCEDURES Page 2 of 2
Serial # 15023-S Administration Building Re-Roofing (3310-15-1071)
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3/4/2015 12:06 PM February 26, 2015
SECTION 01 31 19
PROJECT MEETINGS
PART 1 - GENERAL
1.01 DESCRIPTION
A. Project Meetings are held to enable an orderly review of the Work as it progresses on a
weekly basis. It also provides an opportunity for systematic discussion of cost, schedule,
problems and solutions. The Contractor shall schedule and conduct project meetings
throughout the construction period.
B. The Contractor’s relationship with his Subcontractors and materials suppliers, and
discussions relative thereto, are the Contractor’s responsibility and are not a part of
project meetings content.
C. Persons designated by the Contractor to attend and participate in the project meetings
shall have all required authority to commit the Contractor to solutions agreed upon in the
project meetings.
1.02 SUBMITTALS
A. To the maximum extent possible, the Design Professional and Owner will advise the
Contractor at least three (3) working days in advance of project meetings regarding all
items to be added to the agenda.
B. The Contractor will compile minutes of each project meeting and will furnish a draft to the
Design Professional and Construction Project Manager for approval. Contractor shall
distribute approve minutes to the identified distribution list within 3 working days of the
meeting.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION
3.01 MEETING SCHEDULE
A. Project meetings will be held on a weekly basis or more frequently if required. Meeting
dates and times will be coordinated in an effort to include all parties whose
participation is essential. At minimum the Owner’s Construction Project Manager and
Contractor and Design Professional shall participate.
3.02 MEETING LOCATION
A. To the maximum extent practicable, meetings will be held at the job site.
3.03 PROJECT MEETINGS
A. To the maximum extent practicable, assign the same person or persons to represent
the Contractor at project meetings throughout progress of the Work. Subcontractors,
materials suppliers, and others may be invited to attend those project meetings in which
their aspects of the Work are involved.
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B. Minimum Agenda:
1. Review, revise as necessary, and approve minutes of previous meeting.
2. Review site safety issues.
3. Review progress of the Work since last meeting, including status of
submittals for approval.
4. Present and discuss Contractor’s updated 3-week schedule.
5. Identify problems which impede planned progress.
6. Develop corrective measures and procedures to regain planned schedule.
7. Discuss changes in the work.
8. Review RFI, RFP, COR, and CO logs, and identify outstanding items.
9. Complete other current and new business.
END OF SECTION
FMD/DBB/GR § 01 31 19 PROJECT MEETINGS Page 2 of 2
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SECTION 01 32 16
CONSTRUCTION PROGRESS SCHEDULE
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and
SupplementaryConditions and other Division-1 Specification Sections, apply to this
Section.
1.02 SUMMARY
A. General
1. This Section specifies administrative and procedural requirements for
preparation and reporting of Contractor’s preferred sequence of construction of
the Work and other possible sequences of construction of the Work, for
monitoring and reporting of actual performance of the Work, for incorporation of
changes and unexpected events for determination of possible impact to the
timely completion of the Work and for determination of means and method
necessary for time completion of performance of the Work.
1.03 PROJECT SCHEDULE
A. Detailed Construction Schedule
1. The Contractor shall develop and maintain the overall Detailed Construction
Schedule, (referred to hereafter as Schedule or Construction Schedule). The
Contractor shall perform its obligations in accordance with the sequence and
time frame provided by the Schedule. The Contractor shall update the Schedule
and shall modify and change the Schedule as may be required as provided
by this Section and notify the Owner or Owner’s Representative in writing of
changes to the schedule.
B. Purpose of the Schedule
1. Provide additional assurance by the Contractor of its adequate planning,
scheduling, and reporting during the execution of the construction and related
activities so they may be prosecuted in an orderly and expeditious manner,
within the Contract time and the milestones stipulated herein.
2. Provide additional assurance by the Contractor of its coordination of the
Work of the Contractors and the various Subcontractors and suppliers at all
tiers.
3. Assist the Design Professional, Owner or Owner’s Representative in monitoring
the progress of the Work.
4. Assist the Design Professional, Owner or Owner’s Representative in evaluation
of the monthly progress payments requests.
5. Assist the Design Professional, Owner or Owner’s Representative evaluating the
potential impact of proposed changes to the Contract.
6. Assist and be utilized by the Contractor in the coordination of its forces,
subcontractors and vendors.
7. Assist in detecting problems for the purpose of taking timely corrective action
and to provide a mechanism or tool for determining and monitoring such
corrective actions.
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C. General Requirements of Submitted Schedules
1. The Work shall proceed at a rate as will meet the specified Milestone Dates,
Substantial Completion and Final Completion dates within the Contract Time. By
execution of the Contract, the Contractor represents that he has analyzed the
Work, the materials and methods involved, the systems of the building,
availability of qualified mechanics and labor, restrictions of the site, constraints
imposed, their own work load and capacity to perform the Work, and agrees that
the specified times are reasonable considering the existing conditions prevailing
in the locality of the Work, including weather conditions, and other factors, with
reasonable allowance for variations from average or ideal conditions.
2. The Schedule shall clearly identify the activities illustrating accomplishment of
the time(s) for completion of the Project set forth in the Contract. If the Schedule
indicates earlier completion time(s) than that set forth in Contract, the float
between the Schedule and the Contract dates shall be considered to be part of
the total float available.
3. In developing the Schedule, the Contractor shall be responsible for assuring
that Subcontractor Work at all tiers, as well as Contractor’s own Work, is
included in the Schedule.
4. The Schedule as developed shall show the sequence and interdependence of
activities required for complete performance of the Work. The Contractor shall be
responsible for assuring all Work sequences are logical and the Schedule shows
a coordinated plan of the Work.
5. Failure by the Contractor to include any element of Work required for
performance of the Contract or failure to properly sequence the Work shall not
excuse the Contractor from completing all Work within the Contract Time.
6. Contractor shall include a total number of weather related days for the project
within the final baseline construction schedule. If delay occurs due to weather
related conditions, the Contractor shall submit a request for the number of days
to the Owner for approval within 5 calendar days. Claims for delay due to
weather will be deducted from the total number of days approved in the final
baseline construction schedule.
D. Use of Float and Reasonable Limitations On Resources
1. Float time within the schedule is jointly owned. The Contractor shall limit its
use of logic restraints based upon use of a resource such that it equally reserves
float for the limited resources of the Owner, other entities under the Owner’s
control and other entities beyond the control of either the Contractor or Owner,
and that the Contractor reserves float for the various types of unexpected events
which may be anticipated on a construction project of this magnitude.
2. The Contractor acknowledges and agrees that actual delays to specific
activities that do not exceed available total float time of such activities will not
have any effect upon Contract completion times and Contractor will take all
actions necessary to maintain the overall schedule.
E. Requirement for Additional Resources
1. The Contractor shall provide adequate resources, including but not limited to
manpower and construction equipment, to perform its obligations in a timely
manner. The Contractor shall be required to provide additional resources for
additional unanticipated Work or events which may be anticipated on a
construction project of this magnitude.
2. If the Contractor and Owner or Owner’s Representative agree to a Change
Order, such agreement shall be construed as stating that the Contractor is
capable of supplying additional resources as may be required to effectuate
such Change Order without the need to reduce the resources available for other
Work on the project, without disruption of other Work on the project and without
additional cost for provision of additional resources other than as may be
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included in the agreed Change Order.
F. Entitlement to Extension of Time and Acceleration
1. Entitlement to extensions of time for performance as described in the
Contract Documents will be granted only to the extent that time adjustments for
the activity or activities affected by any condition or event which entitles the
Contractor to a time extension exceed the total float along the current critical
path of activities affected
2. If the Owner or Owner’s Representative does not provide an extension of time
at the request of the Contractor, the Contractor shall in a timely manner provide
a Recovery Schedule and itemized estimate of costs to effectuate such or shall
be deemed to waive its claim for additional compensation therefore.
PART 2 - PRODUCTS
2.01 TECHNICAL REQUIREMENTS OF SUBMITTED SCHEDULES
A. The Schedule shall be developed utilizing the Precedence Diagramming Method.
B. Milestone Dates including Notice to Proceed, Substantial Completion, and Final
Completion must be adhered to and shall be clearly identified on the Schedule. Milestone
Dates may not be changed without the written consent of the Owner or Owner’s
Representative. Final Completion and Substantial Completion shall be mandatory finish
constrained dates.
C. Normal weather conditions shall be considered and included in the planning and
scheduling of all Work influenced by high or low ambient temperatures and/or
precipitation to ensure completion of all Work within the Contract Time. Normal weather
conditions shall be determined by an assessment of average historical climatic conditions
based upon the preceding ten (10) year records published for the locality by the National
Ocean and Atmospheric Administration (NOAA).
D. Activity descriptions shall be clear and concise. The beginning and end of each activity
shall be readily verifiable. All activity starts and finishes, with the exception of Milestones,
must be tied into the schedule by logical restraints.
E. Proposed duration assigned to each activity shall be the Contractor’s best estimate of
time required to complete the activity considering the scope and resources planned for
the activity.
F. Each activity shall be identified with codes including as a minimum:
1. Building, Floor and Location of the Work.
G. For all major equipment and materials fabricated or supplied for this project, the
Schedule shall show a sequence of activities including:
1. Preparation of shop drawings and sample submissions.
2. Review of shop drawings and samples.
3. Shop fabrication and delivery.
4. Erection or installation.
5. Testing of equipment and materials.
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PART 3 - EXECUTION
3.01 PRESENTATION AND REVIEW CYCLE
A. Preliminary Schedule
1. Within seven (7) days after Notice of Award, the Contractor shall submit for the
Owner or Owner’s Representative’s review and acceptance a Preliminary
Schedule.
2. The Preliminary Schedule shall cover the following project phases and activities
a. Proposed Procurement Activities to be accomplished during the first
ninety (90) days of the Contract. Procurement activities shall include
mobilization, key shop drawing and sample submittals, reviews and the
fabrication and delivery of key and long-lead procurement elements.
Indicate planned submittal dates and delivery dates for fabrication and
delivery activities.
b. Proposed Construction Activities to be accomplished during the first
ninety (90) days of the Contract.
c. Summary Activities not included above which are necessary to properly
indicate the approach to scheduling the remaining Work areas or phases
of the Work. The Work for each phase or area must be represented by at
least one summary activity such that they cumulatively indicate the entire
Construction Schedule. Summary Activities may be connected by Start-
to-Start and Finish- to-Finish logic relationships as well as Finish-to-Start
logic relationships and such logic relationships may include durations
between activities (lag.)
d. The Preliminary Schedule shall otherwise conform to the requirements
outlined in the “Technical Requirements for Contractor submitted
Schedules” in this specification section.
3. The submission shall consist of:
a. A Schedule in Scheduling Program File Backup Disk.
b. A logic diagram of the entire Preliminary Schedule in electronic format.
c. Time scaled logic diagrams of:
i. The entire Preliminary Schedule.
ii. The first 90 days of the Preliminary Schedule.
iii. Time scaled diagrams shall be Adobe electronic format.
d. Tabular listings of:
i. All Procurement Activities grouped by Submissions, Review and
Fabrications, then sorted by Early Start, then Total Float.
ii. All Construction Activities to be performed in the first ninety (90)
days sorted by Early Start, then Total Float.
iii. All Summary Activities sorted by Early Start, then Total Float.
iv. Tabulations shall include Activity ID, Description, Original
Duration, Remaining Duration, Activity Codes, Early Dates, Late
Dates, Total Float, Predecessors and Successors.
e. Electronic copies of all diagrams and tabulations shall be required.
f. Within seven (7) calendar days after receipt by the Owner or Owner’s
Representative of the Preliminary Schedule, the Owner or Owner’s
Representative will notify the Contractor of any concerns the Owner or
Owner’s Representative may have in regard to the Preliminary Schedule.
The Contractor shall provide a response to the concerns of the Owner or
Owner’s Representative, to the satisfaction of the Owner or Owner’s
Representative, before the submittal of the Detailed Construction
Schedule.
g. Upon the submittal of the changes to the Preliminary Schedule by the
Contractor, final review and acceptance by the Owner or Owner’s
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Representative will take place within seven (7) days. The Preliminary
Schedule shall be updated on a monthly basis while the Baseline
Schedule is being developed. The monthly updating of the Preliminary
Schedule shall be consistent with the procedures and requirements
described in the “Schedule Updating” section of this specification
section.
B. Baseline Schedule
1. Within forty-five (45) days following Notice to Proceed, Contractor shall
submit to the Owner or Owner’s Representative a detailed Baseline Schedule in
precedence format for the Contractor’s construction Work scope.
2. The Baseline Schedule shall conform to the requirements outlined in the
“Technical Requirements for Contractor submitted Schedules” in this
specification section.
3. The submission shall consist of:
a. A Scheduling Backup disk.
b. A logic diagram of the entire Baseline Schedule.
c. Time scaled logic diagrams of:
i. The entire Baseline Schedule.
ii. Activities on the critical path. and those having ten (10) days or
less float relative to the critical path
iii. Diagrams shall have the critical path highlighted and activities for
which responsibility is other than the Contractor highlighted in a
different color and pattern.
iv. Diagrams shall be in a format acceptable to the Owner.
d. Tabular listings of:
i. All Procurement Activities organized by Submissions, Review
and Fabrications, then sorted by Early Start, then Total Float.
ii. All Construction Activities sorted by Early Start, then Total Float.
iii. Tabulations above shall include Activity ID, Description, Original
Duration, Remaining Duration, Percent Complete, Activity
Codes, Early Dates, Late Dates, Total Float, Predecessors and
Successors.
iv. All activities in activity identification number order, listing the
activity identification number, activity title, successor
identification number, successor title, logic relationship type, lag.
4. The Baseline Schedule shall be reviewed in the following manner:
a. Within fifteen (15) days after receipt by the Owner or Owner’s
Representative of the Baseline Schedule, the Owner or Owner’s
Representative shall notify the Contractor of any concerns the Owner or
Owner’s Representative may have in regard to the Baseline Schedule.
b. If the Owner or Owner’s Representative questions the Contractor’s
proposed activities, logic, duration, the Contractor shall, within seven (7)
days after receipt of the Owner or Owner’s Representative’s request,
provide a satisfactory revision to, or adequate justification for, these
activities, logic, duration, to the satisfaction of the Owner or Owner’s
Representative.
c. The Owner or Owner’s Representative and the Contractor shall meet
within seven (7) days after receipt of the Contractor’s response for a joint
review, correction, or adjustment of the Contractor’s proposed Baseline
Schedule.
d. In the event the Contractor fails to define any element of Work,
activity, or logic and the Owner or Owner’s Representative review does
not detect this omission or error, such omission or error, when
discovered by the Contractor or Owner or Owner’s Representative, shall
be corrected by the Contractor at the next monthly Schedule Update
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(discussed hereinafter) and shall not affect the Contract Time.
e. Within seven (7) days after the joint review between the Contractor and
Owner or Owner’s Representative, the Contractor shall revise the
Baseline Schedule in accordance with agreements reached during the
joint review and re-submit it to the Owner or Owner’s Representative.
5. Acceptance of Contractor’s Baseline Schedule:
a. Upon the submittal of the changes to the Baseline Schedule by the
Contractor, final review and acceptance by the Owner or Owner’s
Representative will take place within seven (7) days. Upon the Owner or
Owner’s Representative’s acceptance of the changes to the Baseline
Schedule, the Contractor shall sign on the face of the Baseline Schedule
and submit the hardcopy and electronic version to the Owner titled Final
Baseline Schedule, which shall then indicate the Contractor’s
acceptance and approval of the Baseline Schedule.
b. Acceptance by the Owner or Owner’s Representative of the Contractor’s
accepted Baseline Schedule shall be a condition precedent to the
making of any progress payments under the Contract after the first
ninety (90) days of the Contract.
c. Acceptance by the Owner or Owner’s Representative of the Contractor’s
Construction Schedule does not relieve the Contractor of any of
Contractor’s responsibility whatsoever for the accuracy or feasibility of
the Construction Schedule, or of the Contractor’s ability to meet the
Contract completion date or Milestone Dates, nor does such acceptance
acknowledge or admit the reasonableness of the activities, logic and
duration of the Contractor’s Construction Schedule.
3.02 USE OF SCHEDULE FOR PROJECT COORDINATION
A. Weekly Progress Meetings
1. Once each week at the progress meeting, the progress achieved by the
Contractor during previous work week will be assessed. The Contractor shall
update the most recent “INTERIM” Schedule with the Actual Start date of
activities started in the past week, the Remaining Duration of those activities in
progress and the Actual Finish date of activities completed during the past week.
The Contractor shall submit a progress schedule in electronic tabular/bar-chart
format indicating the information used to perform this update for the previous
week and the activities scheduled for the succeeding three (3) weeks. A bar
chart directly derived from the most recent “INTERIM” Schedule shall be used to
generate the four (4) week window. All activities shown in this short interval
schedule will be identified by the same activity numbers and descriptions as
shown in the Construction Schedule.
B. Minor Revisions to the Schedule for Unanticipated Events
1. If the Contractor and Owner or Owner’s Representative agree to a Change
Order (“CO”), for an extension of time such agreement shall include an Impact
Analysis and agreement on the acceptance for such impact (in part or whole by
each party) and costs for mitigation thereof. In the event that such agreement
is not part of the agreement for the price of the Change Order, the
Contractor shall treat such Change Order as a directive for purposes of the
schedule.
2. If the Contractor believes that any change to the Work identified through an
accepted Project document may impact its Work, the Contractor shall perform an
Impact Analysis upon a copy of the most recent “UPDATE” file and submit such
to the Owner or Owner’s Representative, with a written explanation of the
changes, as soon as practicable (not more than seven (7) days) after
determination of such belief. The failure to so promptly notify the Owner or
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Owner’s Representative shall be deemed a waiver of any compensation or
extension of time due to such cause. Where the parties are in disagreement
over the responsibility of the delaying event, the Contractor shall use a
description for such which is responsibility neutral.
3. As part of its Impact Analysis, the Contractor shall suggest means of mitigation
including but limited to use of greater resources, modification or deletion from the
logic network of selected restraints and selective overtime. If the Contractor
believes that its efforts to mitigate such impact will entitle it to additional
compensation, the Contractor shall submit an estimate of the unmitigated and
mitigated impact and cost consequences of each. The failure to provide such a
submittal in a timely manner shall be deemed a waiver of any additional
compensation.
3.03 MAJOR REVISIONS TO THE SCHEDULE
A. In the event that, pursuant to a Change Order, a Revised Baseline Schedule is adopted
for the Work remaining on the project, such revised baseline Schedule shall be used as
the target for further update to the project.
3.04 RECOVERY SCHEDULE
A. In the event that the Contractor determines that it can no longer perform according
to the schedule, the Contractor shall prepare and submit a Recovery Schedule.
B. In the event that the Most Recent Update indicates that the project is more than ten (10)
days behind schedule, or that a major subcontractor performing more than ten percent
(10%) of the labor on the site leaves for any reason without completion of its Work, or
that a specialty subcontractor employing proprietary means and methods leaves the site
for any reason without completion of its Work, or the Contractor becomes aware of an
anticipated delay of specially ordered materials or equipment calculated to delay the
project more than ten (10) days behind schedule or the Contractor anticipates for any
reason that the project is likely to be delayed more than ten (10) days behind schedule,
and upon notice of such to and subsequent request of the Owner or Owner’s
Representative, the Contractor shall prepare and submit a Recovery Schedule.
C. The Recovery Schedule submittal may include, without limitation:
1. Revisions to the Original Durations of Activities not yet started, which are to
individually be supported with a narrative of the actual productivity to date.
2. Revisions to the Calendar, including indicating Work on Saturdays, Sundays or
holidays, subject to approval by the Owner or Owner’s Representative.
3. Splitting of activities to indicate more precise coordination, which are to be
individually supported with a narrative of how a portion of the previously indicated
activity may now suffice for a successor activity.
4. Revisions to Logic Relationships, deleting restraints, as may be required.
D. The Recovery Schedule shall be prepared to indicate, where practicable, recovery within
one month or within ten percent (10%) of the remaining duration until the mandated
deadlines threatened.
E. Recovery Schedule Reports submission shall consist of:
1. All reports required for an Update.
2. The logic diagram required for the Baseline Schedule submission, highlighted,
where practicable, to indicate where the Recovery Schedule differs from the
Baseline Schedule. A narrative explanation shall be provided as to the reasons
for the changes in the schedule.
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F. Where the Recovery Schedule has been ordered by the Owner or Owner’s
Representative, it shall be submitted within five (5) working days
1. Once approved by the Owner or Owner’s Representative, the Recovery
Schedule shall be treated as a Minor Revision to the Schedule or a Major
Revision to the Schedule as may be directed by the Owner or Owner’s
Representative.
2. Once approved by the Owner or Owner’s Representative, failure by the
Contractor to strictly follow the Recovery Schedule until back on schedule shall
be deemed a Material Breach of the Contract.
END OF SECTION
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SECTION 01 33 00
SUBMITTALS
PART 1 - GENERAL
1.01 CONSTRUCTION SCHEDULE
A. In accordance with Section 01 32 16 and as specified herein.
B. Based upon the Project Schedule, provide a separate submittal schedule indicating
anticipated product and shop drawing submittal dates along with critical dates by
which approvals must be provided. Schedule shall make accommodation for full
review times and at least one resubmittal.
1.02 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
A. In accordance with Section 01 33 23 and as specified herein.
B. (Not Used)
C. Submit Shop Drawings and Samples for only those items specifically mentioned in the
Specifications. Contractor shall be responsible for obtaining Shop Drawings required for
the progress of the Work, even though such Shop Drawings may not require the Design
Professional's review.
D. (Not Used)
1.03 QUALITY CONTROL SUBMITTALS
A. Mockups: In coordination with submittal and prior to start of Work represented by
mockup, construct full scale mockup(s) as indicated on Drawings and as specified herein.
1. General requirements:
a. Mockups shall provide a standard of workmanship.
c. Construct with all anchors, fasteners, sealants, and other components
proposed for actual installation.
d. Construct successive and/or modify mockups until standard is approved.
e. When accepted, sample shall be standard of comparison for remainder
of Work and will function as a reference base for acceptance or
rejection of final work.
f. Submit report describing tests, results, and any modifications made to
correct deficiencies or to improve performance.
g. Mockups shall be reviewed by the Design Professional’s contract
administrator Roofing Manufacturer’s Technical Representative and
Owner’s Representative for joint acceptance. Do not proceed with
installation of materials included on mockups on the building until mock-
up has been inspected and accepted by Design Professional and
Owner’s Representative.
h. Upon acceptance of final work at completion of Project, if directed by
Owner’s Representative, remove sample panel from site and dispose of
in a legal manner, in accordance with Waste Management Plan per
Section 01 74 19.
B. Field Samples: In addition to mockups described above, provide the field samples as
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specified in the various technical sections for review and joint acceptance by Design
Professional Roofing Manufacturer’s Technical Representative and Owner’s
Representative.
1. Contractor shall provide field samples for all finishes (interior and exterior) that
will remain exposed to view in the final work.
a. Field samples shall be constructed of actual materials to be used in the
final work, including actual mix for concrete and other such materials.
b. Include testing for exterior components as specified in the various
sections.
c. Field samples shall not be incorporated into the final work
2. Size(s) of field samples shall be sufficient to show the characteristics of the
finish.
3. Approved field samples will serve as standard for approval of building
construction.
4. Construct in location where directed.
6. Modify field samples as directed by Design Professional to satisfy appearance
and performance requirements.
7. Obtain approval of field samples before commencing construction of exposed
work.
8. Upon acceptance of final work at completion of Project, remove sample panel
from site and dispose of in a legal manner, in accordance with Waste
Management Plan per Section 01 74 19, if directed by Owner’s Representative.
C. (Not Used)
D. Manufacturer's Instructions: Where Specifications require Work to be furnished, installed
or performed in accordance with a specified product Manufacturer's instructions,
distribute copies of such instructions to concerned parties.
END OF SECTION
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SECTION 01 33 23
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
PART 1 - GENERAL
1.01 DESCRIPTION
A. General
1. Furnish all shop drawings, product data and samples as indicated, in accordance
with Contract Documents.
2. Completely coordinate with work of all other trades.
3. See Sections of the Contract and Task Order for additional requirements.
B. See Specification Sections for items for which shop drawings, product data, and samples
are required.
1.02 SUBMITTAL - GENERAL
A. Contractor shall be responsible for and make all submissions.
1. Transmit all items on an approved shop drawing transmittal form.
2. Identify each transmittal using the 6-digit specification number with a dash and
an added number (i.e., metal handrails might be numbered 05 50 00-1. If
returned for re-submission, second submission would be 05 50 00-1A) or other
mutually agreed upon numbering system. ***
3. After the second rejection, a meeting may be required by the Design
Professional, Owner or Owner’s Representative between the Contractor,
Owner or Owner’s Representative, and Design Professional (hereafter “DP”) if
applicable to review the submittal.
B. Contractor shall review all Subcontractor submittals prior to submission.
C. Provide written statement that the submittals are consistent with the Construction
Documents or if not totally consistent, indicate all deviations. Unless such departures
are accepted as indicated in Section 1.07 F below, such departures will not be permitted.
D. Submittals without written statement will be returned and considered as not having been
submitted.
E. By reviewing or submitting submittals and/or shop drawings, the Contractor thereby
represents that it has determined and verified availability, field measurements, field
construction criteria, materials, catalog numbers and similar data, or will do so, and that
it has checked and coordinated each submittal and/or shop drawing with the
requirements of the Construction Documents and other Contractor Construction Contract
Documents.
F. If any specified material item or part is not available, the Contractor shall so indicate to
the DP.
G. Make submittals sufficiently in advance of date required to allow the DP reasonable time,
in accordance with the requirements of the Contract, for review and additional
resubmission and review cycles if necessary.
H. Items not submitted in accordance with provisions of this Section will be returned, without
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action, for resubmission.
I. Submittals on items not approved for use by specifications, addenda or substitution
request will be rejected.
J. Drawings transmitted to the Design Professional by other than the Contractor will be
returned to the Contractor without action of any kind unless agreed to previously.
Drawings will not be returned to subcontractors.
K. Provide Operation-Maintenance Manuals, and warranties in a separate transmittal. Refer
to Section 01 91 13 for operation and maintenance manual requirements. Transmittal
numbers for Operation-Maintenance Manuals shall be original number for Operation-
Maintenance "O-M" or other mutually agreed to numbering system.
1.03 SUBMITTAL SCHEDULE
A. Per the requirements of the Contract and the Task Order, submit an itemized schedule,
indicating proposed submittal dates for all items.
1. Include all shop drawings, data, samples and other items required to be
submitted including operations and maintenance data.
2. All items requiring DP action should be submitted, when possible during the first
25 percent of the construction period.
3. No extension of time will be granted to the Contractor because of its failure to
submit submittals or shop drawings in ample time to allow for review, possible
resubmittals and approval.
1.04 PRODUCT LIST
A. Submit electronic submittals in lieu of hard copies upon consent of Design Professional.
B. Tabulate by Specification Section.
C. Only items which have been specified, approved by addenda or substitution request may
be used.
D. No partial Applications for Payment will be processed until this data and other
submissions required by Contract Documents are received.
E. For products specified under reference standards, approved equal products, or products
of optional manufacturers, include with listing of each product:
1. Name and address of manufacturer.
2. Trade name.
3. Model or catalog designation.
4. Manufacturer's data.
a. Performance and test data.
b. Reference standards.
1.05 SUBMITTALS – SHOP DRAWINGS
A. Identify drawings with manufacturer, item, use, type, project designation, specification
section or drawing detail reference.
B. Electronic submittals are encouraged in lieu of hard copies upon consent of Design
Professional.
1. Marks on drawings by Contractor shall be in a color other than red. Any marks by
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Contractor shall be duplicated on all copies submitted.
2. Submit drawings 24 x 36 inches, or 30 x 42 inches, unless size of items depicted
makes such size impractical or as agreed to by the Owner or Owner’s
Representative, the DP and the Contractor.
3. Allow clear space of approximately 40 square inches for stamping on right hand
side.
C. Submit electronic submittals in lieu of hard copies upon consent of Design Professional.
1. Indicate exact item or model and all proposed options.
2. Include scale details, sizes, dimensions, performance characteristics, capacities,
wiring diagrams, controls and other pertinent data.
1.06 SUBMITTALS - SAMPLES
A. The Contractor shall furnish product samples of all items requested or required by the
specifications in accordance with Contract.
1. Product samples shall be properly identified and submitted with such promptness
as to cause no delay in Construction Work or in the work of any other contractor
and to allow time for consideration by the DP and the Owner.
2. Contractor shall submit product samples to the DP and Owner for review and
approval.
3. Any product or material substitutions must be submitted for DP's prior written
approval, subject to Owner’s review and written approval.
4. Each product sample must be accompanied by a letter of transmittal containing:
(i)Date of submission; (ii) Name of Project; (iii) Location of Project; (iv) Branch of
Construction Work (specification section number); (v) Project number; (vi) Name
of submitting Contractor; and (vii) Name of Subcontractor.
5. The Contractor shall furnish to the DP a certificate stating that material or
equipment submitted complies with the Construction Documents and the other
Contract Documents. If a certificate originates with the manufacturer, the
Contractor shall endorse it and submit it to the DP together with a statement of
compliance in its own name.
B. Submit three (3) samples to address indicated with transmittal letters, or construction
site, if required.
1. Include brochures, shop drawings, and installation instructions with transmittal.
2. Submit transmittal for site-built samples to address indicated.
C. DP, Owner or Owner’s Representative may retain samples for comparison purposes until
completion of Work.
1. Samples will be returned or may be used in the Work unless the Specification
Section specifically indicates otherwise.
2. Remove samples when directed.
3. Pay all costs of furnishing or constructing, and removing samples as specified
within the Contract Documents
4. Unless the DP is requested at the time of submittal to return samples at the
Contractor’s expense, rejected samples will be destroyed.
D. Resubmit samples of rejected items.
1.07 DESIGN PROFESSIONAL REVIEW
A. Reproduce and distribute submittals that the DP reviews and stamps. The DP will review
and stamp the submittal will be stamped as follows, to indicate the action taken:
1. REVIEWED: Where a submittal is marked “REVIEWED”, that part of the Work
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covered by the submittal may proceed provided it complies with requirements of
the Contract Documents; final acceptance will depend upon that compliance.
2. FURNISH AS CORRECTED: When a submittal is marked ‘’FURNISH AS
CORRECTED”, that part of the Work covered by the submittal may proceed
provided it complies with notations or corrections on the submittal and
requirements of the Contract Documents; final acceptance will depend on that
compliance.
3. REJECTED Submit Specified Item: When a submittal is marked “REJECTED
Submit Specified Item”, information submitted is not in compliance with Contract
Documents. Provide a written statement to the Contractor as to why the item is
rejected. Contractor shall resubmit submittal as required by Contract
Documents.
4. REVISE AND RESUBMIT: When a submittal is marked “REVISE AND
RESUBMIT”, do not proceed with that part of the Work covered by the submittal,
including purchasing, fabrication, delivery, or other activity. Revise or prepare a
new submittal in accordance with the notations; resubmit without delay. Repeat if
necessary to obtain a different action mark.
a. Do not permit submittals marked “REVISE AND RESUBMIT” to be
used at the Project Site or elsewhere where Work is in progress.
B. Contractor shall retain one (1) copy of each “REVIEWED”, or “FURNISH AS
CORRECTED” submittal on file at the job-site.
C. Owner or Owner’s Representative and DP shall retain one (1) copy of each
“REVIEWED”, or “FURNISH AS CORRECTED” submittal in the project file.
D. Contractor shall resubmit items stamped “REVISE AND RESUBMIT” or “REJECTED
Submit Specified Item”; by DP.
1. Provide a print of previous drawing with resubmission for comparison, if
requested by the DP.
2. Add letter suffix to previous transmittal number, to indicate resubmission.
3. It shall be the Contractor’s responsibility to assure that previously approved
documents are destroyed when they are superseded by a resubmittal.
E. The DP shall review and approve Submittals, Shop Drawings, Product Data, Samples,
substitutions, and other required submissions of the Contractor.
1. Submissions shall be approved only if they are in conformance with the design of
the Project and in full compliance with the Construction Documents.
2. Submissions of Contractor shall be acted on and returned to Contractor within
fourteen (14) days of receipt. If review and approval are not timely, the DP shall
notify the Contractor or Contractor and the Owner in writing stating the reason for
the delay.
3. The DP's approval of a specific item or component shall not indicate approval of
an assembly of which the item is a component.
4. DP review does not relieve Contractor of the responsibility to provide all
components, wiring, etc., required to make item operable or usable provided this
information is indicated within the Contract Documents.
F. At Owner's option, items constituting a departure from Contract Documents that are in
the interest of Owner and involve no change in Contract cost may be accepted. In the
event of such acceptance, institute a Supplementary Instruction reflecting change.
G. Reviewed samples submitted or constructed and approved by DP constitute criterion for
judging completed work. Finish work or items not equal to samples will be rejected.
H. Start of work that requires submittals, prior to return of submittals with DP or Owner's
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stamp indicating review is at Contractor’s risk.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
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SECTION 01 45 00
QUALITY CONTROL
PART 1 - GENERAL
1.01 DESCRIPTION
A. Provide and maintain an effective Contractor Quality Control (QC) program and
perform sufficient and adequate inspections and testing of all items of Work, including
those of Subcontractors, to ensure compliance with Contract Documents, including, but
not limited to, the surveillance and tests specified in the technical sections of the
Specifications. Furnish appropriate facilities, instruments, and testing devices required for
performance of the quality control function. Controls must be adequate to cover
construction operations and be scheduled with the construction sequence.
1.02 CONTROL OF ON-SITE CONSTRUCTION
A. Perform inspections prior to beginning work on any definable feature of Work.
B. Perform initial inspections as soon as Work commences on a representative portion of
a particular feature of Workmanship; monitor and review control testing for compliance
with Contract requirements.
C. Perform follow-up inspections on a regular basis to assure continuing compliance with
Contract requirements until completion of that particular Work.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
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SECTION 01 45 29
TESTING LABORATORY SERVICES
PART - GENERAL
1.01 DESCRIPTION
A. The Contractor shall cooperate with the Owner or Owner’s Representative, Design
Professional (DP), and the approved testing laboratory and all others responsible
for testing and inspecting the Work.
B. The provisions of other testing and inspecting, as specified, will be furnished as
directed by this Section and/or in the Specifications.
C. Where no other testing requirements are described, but the Owner decides that testing
is required, the Owner may direct that such testing be performed under current
standards for testing. Payment for such testing will be made as described in this Section.
D. All services of the testing laboratory will be paid for as further described in this Section.
1.02 QUALITY ASSURANCE
A. The Owner may select a testing laboratory. Selections will be in accordance with the
applicable ASTM Section.
B. Codes and Standards: Testing, when and where required, will be in accordance
with pertinent codes and regulations and with selected standards of the American
Society for Testing and Materials (ASTM).
1.03 PRODUCT HANDLING
A. The testing laboratory will promptly process and distribute required copies of test
reports and related instructions to ensure necessary retesting and replacement of
materials with the least possible delay.
1. Retests of all work shall be specifically indicated by the term "Retest" and shall
be sufficiently descriptive to designate the date, location, and original test
information indicating why the original was not in compliance with documents.
2. Laboratory shall send all test reports to the Owner, or Owner’s Representative,
Contractor, and DP.
PART 2 PRODUCTS
2.01 PAYMENT FOR TESTING
A. Initial Services
1. The Owner will pay for testing services as specified in each Division of the
Specifications as applicable.
2. When initial tests indicate non-compliance with the Contract Documents, the
costs of initial tests associated with that non-compliance will be paid by the
Owner.
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B. Retesting: When initial tests indicate non-compliance with the Contract Documents,
all subsequent retesting occasioned by the non-compliance shall be performed by the
same testing agency and the costs thereof will be paid by the Contractor.
2.02 CODE COMPLIANCE TESTING
A. Inspections and tests required by codes or ordinances, or by a plan approval
authority, and which are made by a legally constituted authority, shall be the
responsibility of, and shall be paid for by, the Contractor unless otherwise provided in the
Contract Documents.
2.03 CONTRACTOR'S CONVENIENCE TESTING
A. Inspecting and testing performed exclusively for the Contractor 's convenience shall be
the sole responsibility of the Contractor and at the sole expense of the Contractor.
PART 3 - EXECUTION
3.01 COOPERATION WITH TESTING LABORATORY
A. Representatives of the testing laboratory shall have access to the Work at all times.
The Contractor shall accommodate such access in order that the laboratory may
properly perform its function.
3.02 TAKING SPECIMENS
A. Specimens and samples for testing, unless otherwise provided in the Contract
Documents, will be taken by the testing personnel. Sampling equipment and
personnel will be provided by the testing laboratory. Deliveries of specimens and
samples to the testing laboratory will be performed by the testing laboratory.
B. When destructive tests samples are taken, the Contractor shall immediately repair the
area where tests samples are taken.
1. Repairs shall be made in such a way that the material is returned “as new”
condition and the warranty remains unaffected.
3.03 SCHEDULES FOR TESTING
A. Establishing the schedule
1. By advance discussion with the testing laboratory, the Owner or Owner’s
Representative, Contractor and testing laboratory shall determine the time
required for the laboratory to perform its tests and to issue each of its findings.
2. Contractor shall provide for required time within the construction schedule.
3. Contractor shall provide twenty-four (24) hours notice to the testing laboratory of
required tests.
B. Revising the schedule: When changes of construction schedule are necessary
during construction, coordinate such changes of schedule with the testing laboratory as
required.
C. Adherence to schedule: When the testing laboratory is ready to test according to
notification by the Contractor, but is prevented from testing or taking specimens due to
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incompleteness of the Work or weather, all extra charges for testing attributable to the
delay will be paid by the Contractor and shall not be borne by the Owner.
3.04 ALTERNATIVE AND ADDITIONAL INSPECTION PROCEDURE
A. Owner or Owner’s Representative and DP, subject to the Owner's approval, shall
have the right, to require alternative and/or additional inspection or testing
procedures other than as specified when, in the Owner or Owner’s Representative and
DP’s judgment, other inspections or testing services are required to demonstrate
compliance with the Contract requirements. Costs of such alternative and/or additional
inspections or testing services will be borne by the Owner if products are found to
comply; otherwise, costs shall be borne by the Contractor.
END OF SECTION
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SECTION 01 50 00
TEMPORARY FACILITIES AND CONTROLS
PART 1 - GENERAL
1.01 DESCRIPTION
A. All labor, material, equipment and services necessary to furnish, erect and maintain
temporary facilities and controls and perform temporary work required in the performance
of the Contract shall be provided by Contractor.
B. Maintenance and Removal: Contractor shall maintain temporary facilities and controls in
a clean, proper, safe operating and sanitary condition for the duration of the Contract.
Upon completion of the Contract, Contractor shall remove all temporary facilities and
controls from the premises.
C. Contractor’s and construction personnel shall not use any utilities, toilet/hand wash
facilities, offices or any other resources in existing County facilities, except with written
permission of the Owner or Owner’s Representative.
1.02 UTILITIES
A. Existing Utilities:
1. Electric power as required for the Contractor's use, shall be provided and paid for
by the Owner. Disruptions to Electrical Services shall be in accordance with
Section 01 00 00 - Site Use and Security Requirements.
2. The Owner will pay for all water used and any applicable sewer service charges.
B. Not Used
C. Not Used
D. All equipment and devices used as Temporary Utilities shall comply with all applicable
codes and ordinances.
E. The Contractor will make all arrangements for an adequate supply of clean water for
construction purposes.
F. The Contractor will supply and pay for adequate cool, pure drinking water with individual
drinking cups or sanitary bubbler fountain for the use of employees on the project. The
quality of the drinking water shall meet the standards for public water supplies.
1.03 TOILET/HAND WASH FACILITIES
A. The Contractor will provide and pay for temporary toilet facilities for use of all workers
and enforce their use by all personnel.
1. Location subject to Owner’s approval.
B. Provide facilities complying with local and State sanitary laws and OSHA regulations.
C. Maintain in clean, sanitary condition.
D. Provide adequate supplies of toilet paper.
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E. The Contractor will provide hand wash facilities.
1.04 ACCESSIBILITY OF VALVES & CONTROLS
A. No equipment that has to be operated or maintained, such as valves, traps, controls,
unions, motors, etc., shall be placed in an inaccessible location.
1.05 FIRE PROTECTION
A. Provide adequate fire extinguishers on the premises during the course of construction, of
the type and sizes recommended by the NFPA and the Uniform Fire Code to control fires
resulting from the particular work being performed and instruct employees in their use.
Place extinguishers in the immediate vicinity of the work being performed, ready for
instant use. In the use of especially hazardous types of equipment, such as acetylene
torches, welding equipment, tar pots, kettles, etc., no work shall be commenced or
equipment used unless fire extinguishers of approved type and capacity are placed in the
working area available for immediate use by the workman using the above-mentioned
equipment.
B. Not Used
1.06 TEMPORARY ENCLOSURES, BARRIERS AND FENCES
A. Provide and maintain all fences, barricades, lights, shoring and other protective
structures or devices necessary for the safety of workmen, equipment, the public and
property as required by State or municipal laws and regulations, local ordinances, laws
and other requirements of the County, State, and other authorities having jurisdiction with
regard to safety precautions, operation and fire hazards.
B. Not Used
C. Provide 6-foot high woven wire temporary fencing around the construction area as
indicated in the drawing provided by the Contractor and acceptable to the Owner or
Owner’s Representative. The approval of the fence and its exact location will be made by
the Owner or Owner’s Representative. Fencing shall be erected and secured in a manner
to withstand the forces to which it may be subjected. Locate gates for access to the areas
as required. Close and lock all gates after normal working hours. A duplicate set of keys
to all gate locks shall be furnished by the Contractor to the Owner or Owner’s
Representative. The fencing shall remain in place until its removal is approved by
Owner.
1.07 MATERIAL HANDLING EQUIPMENT
A. All cranes, material lifts and other devices to move material as well as construction tools,
equipment, and incidentals (such as portable sanitary facilities) are the responsibility of
the contractor, subject to the approval by the Owner, securing the Material Handling
Equipment from unauthorized use, acquiring all required Permits and Approvals for any
Equipment that encroaches on public Right-of-Way.
1. All costs are to be paid by the Contractor.
1.08 TREE AND PLANT PROTECTION
A. Existing vegetation, shrubs, trees, sidewalks, paving, etc., if present on the site, shall,
unless directly affected by the Work of this Contract, be protected against damage of any
kind. No diesel or gasoline engine shall be left running under trees. No vehicle shall be
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allowed to pass over the feeder root system within the drip line unless approved by the
Owner. Work, storage and traffic areas shall be restricted to those areas immediately
adjacent to the construction site as outlined in the contract documents. Damage of any
kind caused by the Work of this Contract shall be repaired or replaced before final
acceptance of the Project. The Contractor shall provide water and protection barricades
as required to maintain all trees, plants, shrubs, existing site improvements, etc.,
designated to remain.
1.09 TRAFFIC CONTROL
A. The Contractor shall be responsible to provide all barricades, signs, lights, off-duty police
officers, fences, security instruments, flagmen, and all other traffic control devices and
personnel necessary to properly mark and control the construction area for the safe and
efficient movement of traffic. The Contractor will be responsible to maintain all traffic
control devices during construction and will be responsible for the removal of all traffic
control devices upon completion of the work as accepted by the DP and Owner.
B. All traffic controls measures shall conform to Section 401 of the MAG Uniform Standard
Specifications for Public Works Construction 1998, revised 2008, City of Phoenix Traffic
Barricade Manual, 2007 and the Manual of Uniform Traffic Control Devices.
1. Contractor is responsible for acquiring and paying for all traffic and other right-of-
way fees, permits or other related traffic control expenses.
C. Whenever construction operations create a condition hazardous to the public in the
opinion of the Contractor or the Owner or Owner’s Representative, the Contractor shall
furnish such flagmen and guards as necessary to provide adequate warning to the public
of any dangerous conditions.
D. Safety devices, flagmen and guards, while on duty shall conform to the applicable City,
County and State requirements. The Contractor will be responsible to immediately inform
the Owner or Owner’s Representative of hazardous conditions.
1.10 NOISE, DEBRIS AND DUST CONTROL
A. Contractor shall develop and implement a Dust Control Plan as required under Maricopa
County Air Pollution Rules and Regulations.
B. All subcontractors engaged in dust-generating operations (land clearing, maintenance,
land cleanup, earthmoving, weed abatement, excavating, construction, demolition, bulk
material handling, storage/transporting operations, etc.).at a site that is subject to a
Maricopa County dust control permit must register with Maricopa County Air Quality
Department (MCAQD) and pay an annual fee. For more information, visit the MCAQD
website at http://www.maricopa.gov/aq/divisions/compliance/dust/Default.aspx.
C. Exercise all possible care to control excessive noise and emissions during the
construction.
D. All debris, etc., shall be removed from all pipe, pipe chases or other such remote and
hidden spaces prior to closing of said space.
E. Not Used
F. Prevent polluting the air with dust and particulate matter.
1.11 DEMOLITION OF EXISTING STRUCTURES, ETC.
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A. No existing structures or equipment
1.12 FIELD OFFICE, STORAGE ENCLOSURES
A. Provide suitable temporary office facilities complete with telephone and furnishings,
required for the Contractor's administration of the Work in such locations as approved by
the Owner or Owner’s Representative. Office space shall be kept clean by the
Contractor.
B. The Contractor shall provide all storage enclosures required for his operations.
C. The Contractor shall furnish and install temporary enclosures, doors and transparent
plastic windows required to attempt to protect building from damage due to vandalism, or
the elements.
1.13 STAGING AREAS
A. The Contractor shall be responsible for meeting and conferring with the Owner or
Owner’s Representative to determine the areas and limits of all staging areas that will
occur outside of the Site.
B. After the staging limit areas have been determined, the Contractor shall prepare and
submit to the Owner or Owner’s Representative a detailed drawing of the fenced areas
including all traffic control devices if required.
C. The County will provide thirty (30) days’ notice of any changes to this agreement, up to
and including request to vacate property. Relocation costs shall be the responsibility of
the Owner.
D. Contractor may use area to temporarily store construction materials and park trailers,
construction equipment and employee vehicles. The Contractor shall not store petroleum
products, hazardous or toxic substances or flammable materials, or use the area for
storage of disabled or wrecked vehicles or for vehicle maintenance.
1.14 TEMPORARY FENCES AND BARRICADES
A. The Contractor will furnish, install and maintain all necessary temporary fences,
barricades, trench and hole covers, warning lights and all other safety devices necessary
to protect the public and prevent damage to property.
B. The entire construction and staging areas shall be fenced to control the limits of access
of personnel, equipment, storage and delivery of materials.
1.15 PROJECT SIGNS
A. Contractor and subcontractor signage, except for those specifically required by
Regulatory Agencies and/or safety measures, is prohibited unless approved by the owner
prior to installation.
B. Not Used/
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1.16 ACCESS TO PROJECT SITE
A. Authorized representatives of the City, County, State of Arizona and Owner shall have
ready access to project at all times, after checking in with the Contractor and attending
safety orientation as required by the Contractor.
B. Facility Entry/Exit Requirements shall be in accordance with provisions of Section 01 00
00 - Site Use and Security Requirements.
1.17 TEMPORARY HEATING AND VENTILATING - Not Required
1.18 PROTECTION OF INSTALLED WORK
A. Protect installed Work and provide special protection where specified in individual
specification Sections.
B. Provide temporary and removable protection for installed products. Control activity in
immediate work area to minimize damage.
C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings.
D. Protect finished floors, stairs, elevators, and other surfaces from traffic, dirt, wear,
damage, or movement of heavy objects, by protecting with durable sheet materials.
E. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is
necessary, obtain recommendations for protection from waterproofing or roofing material
manufacturer.
F. Prohibit traffic from landscaped areas.
1.19 PROTECTION OF EXISTING FACILITIES
A. In the event that that the Project involves nearby existing County facilities, Contractor
shall provide appropriate protection for such facilities. If such facilities are to be used by
Contractor, Owner shall approve in writing the Contractor’s protection plan concerning
such use.
B. Provide temporary weather/rain water protection during the Work to assure water , dust
and similar damaging elements do not enter the building.
C. Provide protection of skylights, parapet caps, building walls and windows, and other
elements of this Project building and any surrounding buildings to prevent damage from
flying debris and materials, bituminous products and solvents.
D. Do not allow bitumen “hot pots” to be placed so fumes can be drawn into the building air
handling system.
.
PART2 - PRODUCTS (Not Used)
PART3 - EXECUTION (Not Used)
END OF SECTION
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SECTION 01 60 00
PRODUCT REQUIREMENTS
PART 1 - GENERAL
1.01 DELIVERY, STORAGE AND HANDLING
A. In accordance with Section 01 66 00 and as follows:
1. Deliver manufactured materials in the original packages, containers or
bundles, with the seals unbroken, identified by the name and mark of the
Manufacturer.
2. Deliver fabrications in as large assemblies as practicable. Fabrications
specified to be shop-primed or shop-finished shall be packaged or crated as
required to preserve such priming or finish intact and free from abrasion.
3. Store materials in a manner to properly protect from damage. Materials or
equipment damaged by handling, weather, dirt or other cause will not be
acceptable.
4. Store materials so as to cause no obstructions. Store off sidewalks,
roadways, and underground services. The Contractor shall be responsible for
protecting materials and equipment furnished under the Contract.
5. When a room in the Project is used as a shop or store room, the Contractor
shall be responsible for all repairs, patching or cleaning necessary due to such
use. Location of such storage space shall be subject to approval of the Design
Professional.
B. Packaging shall be minimized whenever possible but shall not be reduced so as to
cause damage to materials or products. Packaging shall be recycled in accordance
with the requirements of Section 01 74 19 - Construction Waste Management.
1.02 SUBSTITUTIONS AND PRODUCT OPTIONS
A. Whenever a product is specified by using a proprietary name or the name of a
particular Manufacturer or Vendor, the specific item mentioned shall be understood as
establishing type, function, dimension, appearance, and quality desired.
B. Other manufacturers' products will be accepted provided sufficient information is
submitted with prior approval to allow the Design Professional to determine that products
proposed are equivalent to those named.
C. Substitutions (Prior Approvals and requests for approval after award of a contract):
In accordance with Section 01 25 00 – Substitution Procedures.
1.03 RECYCLED CONTENT – Not Used
1.04 REGIONAL MATERIALS – Not Used
1.05 FSC WOOD – Not Used
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1.06 LOW-EMITTING MATERIALS
A. Certification: Contractor shall ensure that the work provided under this section will
provide Low-Emitting and submit certification of compliance
END OF SECTION
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SECTION 01 70 00
CLOSEOUT REQUIREMENTS
PART 1 - GENERAL
1.01 DESCRIPTION
A. General
1. Complete project closeout as indicated in accordance with the provisions of
the Contract Documents.
1.02 SUBSTANTIAL COMPLETION AND FINAL INSPECTION
A. Substantial Completion will not be certified until all Tests, Training, and
Demonstrations specified have been executed, and the provisions of the Contract and
requirements established by individual Specification Sections have been successfully
completed.
B. The Final Application for Payment will not be accepted and processed until the
Owner or Owner’s Representative is satisfied that the Work is satisfactorily completed,
including "punch list" items and Commissioning Issues List; and that all manuals,
documents, warranties, guarantees, and As-Built Documents, as required by the
Specifications, have been received and accepted by the Owner or Owner’s
Representative. The executed AIA Documents G706 entitled “Contractor’s Affidavit-
Payment of Debts/Claims” (or equivalent) and G707 entitled "Consent of Surety to Final
Payment (or equivalent)" shall accompany final Application for Payment.
1.03 FINAL ADJUSTMENT AND TESTS
A. Tests: When the Contractor is satisfied that all systems and equipment meet
performance and operational requirements directed by applicable codes, safety
standards and these specifications, the Contractor shall arrange a demonstration and
test of all mechanical, electrical and other operable equipment furnished for operating
efficiency and for conformance to all specified requirements and to all applicable
regulations of any governing agency. Equipment shall be tested under operating
conditions; where possible, all safety devices shall be tested under simulated emergency
conditions. Where test results indicate a need for final adjustments, Contractor shall
make such adjustments and retest until test results indicate compliance.
B. All tests shall be scheduled through the Design Professional, Owner or Owner’s
Representative, and shall be witnessed by the Owner or Owner’s Representative and
Design Professional. The Contractor, shall notify the Owner or Owner’s Representative
and Design Professional of any scheduled tests at least seven (7) working days in
advance
C. Testing shall be in accordance with written procedures as described or developed by the
Owner, the Design Professional or the Commissioning Authority.
D. Certificate of Occupancy: All required certificates of inspection, tests, or final
approvals shall be secured by the Contractor from the governing authority. Promptly
deliver the Certificate of Occupancy to the Owner or Owner’s Representative and Design
Professional.
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1.04 WARRANTIES AND BONDS
A. Contractor’s warranty will commence for all portions of the Construction Work upon
Substantial Completion of the entire Construction Work, unless stated otherwise in the
Contract.
B. Contractor shall provide written warranties, guarantees, and bonds in favor of the
Owner, as required by respective sections of these Specifications, and arrange to
commence at the date of Substantial Completion of the project or date of installation of
warranted item(s), whichever is later.
C. During the period of any warranty or guarantee, the Contractor shall provide services
within a reasonable time following a request by the Owner to do so in accordance with
the Contractor’s Contract. When the complete breakdown of a system or a piece of
equipment occurs, the service shall be performed promptly. The service shall be provided
during normal working hours, unless otherwise specified herein. Should the listed
service agency fail to perform the service in a reasonable amount of time, the
Contractor shall provide the service through any other agency that will comply.
1.05 EXTRA MATERIAL INVENTORY - Not Used
1.06 MAINTENANCE AND OPERATION MANUALS
A. Contractor shall review the Operation and Maintenance Manuals required in the
Specifications and provide to the Design Professional for approval. Upon approval the
Contractor shall provide two (2) CD Disk sets of final information to the Owner.
1.07 PROJECT AS-BUILT DOCUMENTS - Not Used / Not Applicable
1.08 PROJECT DIRECTORY
A. Provide a current version of Microsoft Excel compatible spreadsheet of all known
major material/equipment suppliers and subcontractors, identified by name, address,
telephone number, and contact person. Excel file shall be submitted on archival quality
media in .PDF format as specified by the Owner.
1.09 DEMONSTRATIONS AND TRAINING – Not Used
1.10 PROJECT CLOSEOUT SUBMITTALS
A. At the time of Substantial Completion and after approval of the Design Professional, the
Contractor shall deliver to the Owner or Owner’s Representative, the following items as
described previously in this section:
1. Project Directory
2. Maintenance and Operation Manuals
3. Not Used
4. Warranties and Bonds
1.11 POST CONSTRUCTION INSPECTION
A. Two (2) months prior to expiration of the warranty period, the D P will make visual
inspection of the Project in company of the Owner or Owner’s Representative, and
Contractor to determine whether correction of Work is required.
B. The DP will promptly notify Contractor of any observed deficiencies.
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PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
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SECTION 01 73 29
CUTTING AND PATCHING
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Cutting, fitting and patching, including attendant excavation and backfill required to
complete Work, and for:
1. Making several parts fit together properly.
2. Uncovering portions of Work to provide for installation of ill-timed Work.
3. Removing and replacing defective and non-conforming Work.
4. Removing samples of installed Work required for testing as directed by Design
Professional.
5. Not Used
6. Attaching new materials to existing remodeling areas, or removing existing
materials / assemblies / finishes.
1.02 SUBMITTALS
A. In advance of executing any cutting or alterations, submit written request to Design
Professional and Owner requesting consent to proceed with cutting which affects:
1. Work of Owner or other trades.
2. Structural value or integrity of any element of Project.
3. Not Used
4. Integrity or effectiveness of weather-exposed or moisture-resistant elements
or systems.
5. Efficiency, operational life, maintenance or safety of operational elements.
6. Visual qualities of sight-exposed elements.
B. Include in request:
1. Identification of Project.
2. Description of affected Work including affected drawings and specifications.
3. Necessity for cutting, alteration or excavation.
4. Effect on Work of Owner or other trades, or structural or weatherproof integrity
of Project.
5. Description of proposed Work:
a. Scope of cutting, patching, alteration, or excavation.
b. Trades which will execute Work.
c. Products proposed to be used.
d. Extent of refinishing to be done.
6. Alternatives to cutting and patching.
7. Cost proposal, when applicable
8. Written permission of trades whose Work will be affected.
9. If structure is to be affected, include engineer’s sealed approval.
C. Submit advanced written notice to Design Professional designating reasonable time Work
will be uncovered to provide for observation.
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1.03 PAYMENT FOR COSTS
A. Cost caused by ill-timed or defective Work or Work not conforming to Contract
Documents, including costs for additional services of Design Professional and
Engineer to be paid by Contractor.
B. Cost of Work done on written instructions of Design Professional, other than defective or
nonconforming Work, will be paid by Owner on approval of written Change Order.
Provide C.O.R. prior to proceeding with cutting and patching.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Provide for replacement of Work removed. Comply with Contract Documents for type of
Work standards and Specification requirements for each specific product involved.
B. If preexisting facilities are affected, replace or repair with identical (or approved) materials
and workmanship.
PART 3 - EXECUTION
3.01 INSPECTION
A. Inspect existing conditions of Work, including elements subject to movement or damage
during cutting and patching, and excavating and backfilling. After uncovering Work,
inspect conditions affecting installation of new products and verify procedures with
Design Professional.
B. Report unsatisfactory or questionable conditions in writing to Design Professional. Do
not proceed with Work until further instructions are received.
3.02 PREPARATION
A. Provide shoring, bracing and supports as required to maintain structural integrity of Work.
B. Provide devices and methods to protect other portions of Work from damage, including
elements which may be exposed by cutting and patching Work. Maintain excavations
free from water.
3.03 ERECTION, INSTALLATION AND APPLICATION
A. Performance:
1. Execute fitting and adjustment of products to provide finished installation to
comply with and match specified tolerances and finishes.
2. Execute cutting and demolition by methods which prevent damage to other
Work to provide proper surfaces to receive installation of repairs and new Work.
B. Employ original installer or fabricator to perform cutting and patching for:
1. Weather-exposed surfaces and moisture-resistant elements such as roofing,
sheet metal, sealants and waterproofing.
2. Sight-exposed finished surfaces.
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C. Execute fitting and adjustment of products to provide a finished installation to comply with
specified products, functions, tolerances and finishes as shown on Drawings and as
specified.
D. Fit Work airtight to pipes, sleeves, ducts, conduit and other penetrations through
surfaces.
E. Restore Work which has been cut or removed. Install new products to provide
completed Work in accordance with requirements of Contract Documents and as
required to match surrounding areas and surfaces.
END OF SECTION
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SECTION 01 74 00
CLEANING
PART 1 - GENERAL
1.01 DESCRIPTION
A. General
1. Furnish all labor, materials, tools, equipment, and services for clean up as
required in conjunction with Work performed, in accordance with provisions of
Contract Documents.
2. Coordinate with Work of all other trades.
3. Although such Work is not specifically indicated, furnish and install
supplementary or miscellaneous items, appurtenances, and devices incidental
to or necessary for a complete clean up.
B. Fire Protection
1. Store volatile waste in covered metal containers.
2. Remove volatile waste from premises daily.
PART 2 – PRODUCTS - Not Used
PART 3 - EXECUTION
3.01 GENERAL
A. Clean all items installed under this Contract and any affected preexisting facilities.
1. Leave free of stains, damage, or other defects prior to final acceptance.
2. Replace damaged or defaced items not acceptable to Owner or Owner’s
Representative at no additional expense to Owner.
B. See Specification Sections for additional cleaning requirements.
3.02 DURING CONSTRUCTION
A. Each contractor must:
1. Clean up all waste materials, rubbish, and debris resulting from contractor’s
operations daily.
2. Oversee cleaning and ensure that the construction site is maintained free
from accumulations of debris.
3. At reasonable intervals, minimum once a week, clean up entire site of excess
debris and dispose of debris off-site.
4. Should the Contractor fail to keep the Site free from debris, trash and
construction wastes as required, after written request by the Owner or Owner’s
Representative, then the Owner, after twenty-four (24) hours, shall have the
authority to provide clean-up services and deduct said services from the
Contractor's Contract.
3.03 FINAL CLEANING
A. At completion of construction, just prior to acceptance or occupancy, perform final
cleaning.
END OF SECTION
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SECTION 01 78 36
WARRANTIES
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions and
Division 1 Specification Sections, apply to this Section.
1.02 DESCRIPTION
A. Provide written warranties, guarantees, bonds or service contracts for products and
installations, for the period(s) indicated.
B. Provide manufacturer's warranties or guarantees for products.
1. Where manufacturer's standard warranties or guarantees expire before expiration
date required by Contract Documents, obtain and pay for warranty or guarantee
extensions, at no additional cost to Owner.
C. Provide all warranties, guarantees, bonds or service contracts prior to Substantial
Completion.
D. Following review and approval of the Design Professional, provide Owner or Owner’s
Representative a copy of each warranty, guarantee, bond or service contract issued.
Submit with each of the foregoing an information sheet for Owner's personnel which
includes:
1. Effective dates or period.
2. Proper procedures in the event of failure.
3. Instances which might affect the validity of warranties, bonds or service contracts.
4. Identify of contract persons in the event of claims.
E. Submit all warranties, guarantees, bonds or service contracts identified by specification
section and equipment identification used in operating and maintenance data.
F. In the event of a warranty-work-notice to the Contractor, requiring work to be done,
Contractor will coordinate with Subcontractors and Suppliers to accomplish the work.
1.03 RELATED WORK SPECIFIED ELSEWHERE
A. Technical Specifications: Division 07.
B. Execution and Closeout Requirements: Section 01 70 00 - (especially ¶ 1.81 therein).
C. Project Record Documents: Section 01 78 39.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
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Architechnology, Inc. February 26, 2015
SECTION 075200 Modified Bitumen Roofing
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. General provisions of the Contract, including the Conditions of the Contract apply to this
section.
1.2 SUMMARY
1. Remove current roofing system down to lightweight concrete.
2. Mechanically attach venting base sheet.
3. Heat weld modified base sheet to mechanically fastened venting base sheet.
4 . Heat weld surfacing membrane modified base sheet per manufactures
recommendations.
5. Adhere 60 mil KEE fleece-back membrane; per manufactures recommendations.
6. Coat all field and base flashing areas with 3.0 gallons per square of White, Energy
Star, acrylic coating at 1.5 gallons per coat; two coat application.
1.3 REFERENCES
A. American Society of Civil Engineers (ASCE):
1. ASCE 7-02, Minimum Design Loads for Buildings and Other Structures.
B. American Society for Testing and Materials (ASTM):
1. ASTM D41 Standard Specification for Asphalt Primer Used in Roofing, Damp proofing
and Waterproofing.
2. ASTM D312 Standard Specification for Asphalt Used in Roofing.
3. ASTM D451 Standard Test Method for Sieve Analysis of Granular Mineral Surfacing
for Asphalt Roofing Products.
4. ASTM D1079 Standard Terminology Relating to Roofing, Waterproofing and
Bituminous Materials.
5. ASTM D1863 Standard Specification for Mineral Aggregate Used as a Protective
Coating for Roofing.
6. ASTM DZl 78 Standard Specification for Asphalt Glass Felt Used as a Protective
Coating for Roofing.
7. ASTM D4586 Standard Specification for Asphalt Roof Cement.
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Architechnology, Inc.
8. ASTM D4601 Standard Specification for Asphalt Coated Glass Fiber Base Sheet Used
in Roofing.
9. ASTM DS147 Standard Test Method for Sampling and Testing Modified Bituminous
Sheet Materials.
10. ASTM D6162 Standard Specification for Styrene Butadiene Styrene (SBS) Modified
Bituminous Sheet Materials Using a Combination of Polyester and Glass Fiber
Reinforcements.
11. ASTM D6163 Standard Specification for Styrene Butadiene Styrene (SBS) Modified
Bituminous Sheet Materials Using Glass Fiber Reinforcements.
12. ASTM E108 Standard Test Methods for Fire Test of Roof Coverings.
13. ASTM C578 Standard Specification for Perlite Thermal Insulation Board.
C. Factory Mutual Research (FM):
1. Roof Assembly Classifications.
D. National Roofing Contractors Association (NRCA):
1. Roofing and Waterproofing Manual.
E. Underwriters Laboratories, Inc. (UL):
1. Fire Hazard Classifications.
F. Warnock Hersey (WH):
1. Fire Hazard Classifications.
G. American National Standards Institute:
1. ANSI/SP RI ES-1 Testing and Certification Listing of Shop Fabricated Edge Metal
1.4 SUBMITTALS FOR SUBSTITUTION REVIEW
A. Product Data: Provide manufacturer's technical product data for each type of roofing
product specified. Include data substantiating that materials comply with specified
requirements.
B. Specimen Warranty: Provide an unexecuted copy of the warranty specified for this Project,
identifying the terms and conditions required of the Manufacturer and the Owner.
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C. Any material submitted as equal to the specified material must be accompanied by a report
signed and sealed by a professional engineer licensed in the state in which the installation
is to take place. This report shall show that the submitted equal meets the Design and
Performance criteria in this specification. Substitution requests submitted without licensed
engineer approval will be rejected for non-conformance.
1.5 SUBMITTALS FOR INFORMATION
A. Manufacturer's Installation Instructions: Submit installation instructions and
recommendations indicating special precautions required for installing the membrane.
B. Manufacturer's Certificate: Certify that roof system furnished is approved by Factory
Mutual, Underwriters Laboratories, Warnock Hersey or approved third party testing facility
in accordance with ASTM E108, for external fire and meets local or nationally recognized
building codes.
C. Manufacturer's Certificate: Certify thatthe roof system is adhered properly to meet or
exceed the requirements of FM [1-90].
E. Manufacturer's Certificate: Certify that materials are manufactured in the United States and
conform to requirements specified herein, are chemically and physically compatible with
each other, and are suitable for inclusion within the total roof system specified herein.
F. Manufacturer's Certificate: Submit a certified copy of the roofing manufacturer's ISO 9001
compliance certificate.
G. Test Reports: Submit test reports, prepared by an independent testing agency, for all
modified bituminous sheet roofing, indicating compliance with ASTM DS14 7.
H. Written certification from the roofing system manufacturer certifying the applicator is
currently authorized for the installation of the specified roof system.
·I. Qualification data for firms and individuals identified in Quality Assurance Article below.
J. Test Reports: Submit third party validation of environmental claims, prepared UL
Environment, and for all modified bituminous sheet material containing recycled content
and/or bio based content.
1.6 CONTRACT CLOSEOUT SUBMITTALS
A. Special Project Warranty: Provide specified warranty for the Project, executed by the
authorized agent of the Manufacturer.
B. Roofing Maintenance Instructions. Provide a manual of manufacturer's recommendations
for maintenance of installed roofing systems.
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C. Insurance Certification: Assist Owner in preparation and submittal ofroofinstallation
acceptance certification as may be necessary in connection with fire and extended
coverage insurance on roofing and associated work.
1.7 QUALITY ASSURANCE
A. Manufacturer Qualifications: Company specializing in manufacturing the products specified
in this Section with not less than (15] years documented experience and have ISO
9001 certification.
B. Installer Qualifications: Company specializing in modified bituminous roofing installation
with not less than 15 years experience and authorized by roofing system
manufacturer as qualified to install specified roofing materials; Installer will have
experience reroofing multi-story high rise buildings.
C. Installer's Field Supervision: Maintain a full-time Supervisor /Foreman on job site during all
phases ofroofing work while roofing work is in progress. Maintain proper
supervision of workmen.
D. Maintain a copy of the Contract Documents in the possession of the Supervisor /Foreman
and on the roof at all times.
E. Source Limitat/ons: Obtain all components ofroof system from a single manufacturer.
Secondary products that are required shall be recommended and approved in
writing by the roofing system Manufacturer.
1. Upon request of the Owner, submit Manufacturer's written approval of secondary
components in list form, signed by an authorized agent of the Manufacturer.
F. Source Quality Control: Manufacturer shall have in place a documented, standardized
quality control program such as IS0-9001.
1.8 PRE-INSTALLATION CONFERENCE
A. Pre-Installation Roofing Conference: Convene a pre-roofing conference approximately two
(2) weeks before scheduled commencement of modified bituminous roofing system
installation and associated work.
B. Require attendance of installer of each component of associated work, installers of deck or
substrate construction to receive roofing work, installers of rooftop units and other
work in and around roofing which must precede or follow roofing work (including
mechanical work if any}, Owner, roofing system manufacturer's representative, and
other representatives directly concerned with performance of the Work, including
(where applicable) Owner's insurers, testing agencies and governing authorities.
Objectives of conference include:
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1. Review foreseeable methods and procedures related to roofing work, including set
up and mobilization areas for stored material and work area.
2. Tour representative areas of roofing substrates (decks), inspect and discuss
condition of substrate, roof drains, curbs, penetrations and other preparatory
work performed by others.
3. Review required submittals both completed and yet to be completed.
4. Review and finalize construction schedule related to roofing work and verify
availability of materials, installer's personnel, equipment and facilities
needed to make progress and avoid delays.
5. Review required inspection, testing, certifying and material usage accounting
procedures.
6. Review weather and forecasted weather conditions and procedures for coping with
unfavorable conditions, including possibility of temporary roofing (if not
mandatory requirement).
7. Record discussion of conference including decisions and agreements (or
disagreements) reached and furnish copy ofrecord to each party attending. If
substantial disagreements exist at conclusion of conference, determine how
disagreements will be resolved and set date for reconvening conference.
8. Review notification procedures for weather or non-working days.
C. The Owner's Representative will designate one of the conference participants to record the
proceedings and promptly distribute them to the participants for record.
1.9 DELIVERY, STORAGE AND HANDLING
A. Deliver products to site with seals and labels intact, in manufacturer's original containers,
dry and undamaged.
B. Store and handle roofing sheets in a dry, well-ventilated, weather-tight place to prevent
moisture exposure. Store rolls of felt and other sheet materials on pallets or other raised
surface. Stand all roll materials on end. Cover rolls goods with a canvas tarpaulin or other
breathable material (not polyethylene).
C. Do not leave unused materials on the roof overnight or when roofing work is not in progress
unless protected from weather and other moisture sources.
D. Secure all material and equipment on the job site. If any material or equipment is stored on
the roof, to assure thatthe integrity of the deck is not compromised at any time. Damage to
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the deck caused by the Contractor's actions will be the sole responsibility of the Contractor
and will be repaired or replaced at his expense.
1.10 MANUFACTURER'S INSPECTIONS
A. When the project is in progress, the roofing system manufacturer will provide the following:
1. Report progress and quality of the work as observed.
2. Provide weekly periodic job site inspections.
3. Confirm after completion that manufacturer has observed no applications
procedures in conflict with the specifications other than those that may have been
previously reported and corrected.
1.11 PROJECT CONDITIONS
A. Do not expose materials subject to water or solar damage in quantities greater than can be
weatherproofed during same day.
1.12 SEQUENCING AND SCHEDULING
A. Sequence installation of roofing with related units of work specified in other sections to
ensure that roof assemblies including roof accessories, flashing, trim and joint sealers are
protected against damage from effects of weather, corrosion and adjacent construction
activity.
B. Complete all roofing field assembly work each day. Phased construction will not be
accepted.
C. Roof must be weather /watertight at the end of each work day.
1.13 WARRANTY
A. Upon completion of installation, and acceptance by the Owner, the manufacturer will supply
a twenty (20) year warranty NDL system warranty from the deck up.
B. Installer will submit a five (5)-year warranty to the membrane manufacturer with a copy
directly to Owner.
PART 2 - PRODUCTS
2.1 PRODUCTS, GENERAL
A. Basis of Design: Materials, manufacturer's product designations, and/ or manufacturer's
names specified herein shall be regarded as the minimum standard of quality
required for work of this Section. Comply with all manufacturer and
contractor /fabricator quality and performance criteria specified in Part 1.
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B. Substitutions: Products proposed as equal to the products specified in this Section shall be
submitted in accordance with Bidding Requirements.
1. Accompany, proposal with a copy of the manufacturer's standard specification
section. That specification section shall be signed and sealed by a
professional engineer licensed in the state in which the installation is to take
place. Substitution requests containing specifications without licensed
engineer certification shall be rejected for non-conformance.
2. Equivalency of performance criteria, warranty terms, submittal procedures, and
contractual terms will constitute the basis of acceptance.
3. The Architect's decision regarding substitutions will be considered final.
Unauthorized substitutions will be rejected.
2.2 ACCEPTABLE MANUFACTURERS
A. The design is based upon roofing systems specified performance characteristics to be
verified by submitting independent test data for each proposed sheet
2.4 BITUMINOUS MATERIALS
A. Asphalt Primer: V.O.C. compliant, ASTM D41.
B. Asphalt Roofing Mastic: V.O.C. compliant, ASTM 04586, Type II.
2.5 SHEET MATERIALS
A. Fiberglass Reinforced Vented Base Sheet Properties: ASTM 04897, Type II.
B. Field Area Modified Base Sheet Properties: ASTM D5147.
1. Tensile Strength (ASTM D-5147)
a. 2 in/min.@ 77°F MD 250 !bf/in CMD 280 !bf/in
2. Tear Strength (ASTM D5147)
a. 2 in/min.@ 77°F MD 350 !bf CMD 350 !bf
3. Elongation at Maximum Tensile (ASTM D5147)
a. 2 in/min. @ 77°F MD 3.0% CMD 5.0%
C. Top Surfacing Modified Membrane Properties: ASTM D6163, Type III Grade G
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1. Tensile Strength (ASTM D5147)
a. 2 in/min.@ 77°F MD 250 !bf/in CMD 240 !bf/in
2. Tear Strength (ASTM D5147)
a. 2 in/min.@ 73.4 ± 3.6°F MD 310 lbfCMD 350 !bf
3. Elongation at Maximum Tensile (ASTM D5147)
a. 2 in/min.@ 77°F MD 5.0% CMD 7.0%
4. Low Temperature Flexibility (ASTM D5147): Passes -30°F
2.6 RELATED MATERIALS
A. Fasteners: FM approved twin legged steel lightweight concrete fasteners with galvalume-
steel plate.
B. Base Flashing Membrane: 60 mil KEE Fleece Back base flashing membrane: ASTM D4434,
Type III.
C. Drain Flashings, Plumbing Stacks & Pitch Pan Covers should be 4lb (1.8kg) sheet lead
formed and rolled.
D. Energy Star Approved White Elastomeric Roof Coating:
1. Weight/Gallon 12 lbs./ gal. (1.44 g/cm3)
2. Non-Volatile% (ASTM D 1644) 66 min
3. Reflectance 81 %
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify that deck surfaces and project conditions are ready to receive work of this section.
B. Verify that deck is clean and smooth, free of depressions, projections or ripples, and is
properly sloped.
3.2 GENERAL INSTALLATION REQUIREMENT
A. Apply roofing materials as specified by manufacturer's instructions.
1. Keep roofing materials dry before and during application.
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2. Do not permit-phased construction.
3. Complete application of roofing plies, modified sheet and flashing in a continuous
operation.
4. Begin and apply only as much roofing in one day as can be completed that same day.
3.3 BASE SHEET INSTALLATION
A. Mechanically attach base sheet to deck with approved lightweight concrete fasteners to
meet or exceed wind up lift requirements for Zone 1, 2 & 3.
3.4 INTER-PLY INSTALLATION
A. Install one layer of SBS Torch Base Sheet to a properly prepared substrate. Shingle in proper
direction to shed water on each area ofroofing.
B. To a suitable substrate, lay out the roll in the course to be followed and unroll six (6) feet
(1.8m).
C. Using a roofing torch, heat the surface of the coiled portion until the burn-off backer melts
away. At this point, the material is hot enough to lay into the substrate.
Progressively unroll the sheet while heating and press down with your foot to
insure a proper bond.
D. After the major portion of the roll is bonded, re-roll the first six ( 6) feet (1.8m) and bond it
in a similar fashion.
E. Repeat this operation with subsequent rolls with side laps of four ( 4) inches (101mm) and
end laps of eight inches.
F. Give each lap a finishing touch by passing the torch along the joint and spreading the melted
bitumen evenly with a rounded trowel to insure a smooth, tight seal.
G. Extend underlayment two (2) inches (50mm) beyond top edges of cants at wall and
projection bases.
H. ·Install base flashing ply to all perimeter and projections details.
I. A minimum two-hour fire watch is required for each day that torch-applied membranes are
installed.
J. Keep an ABC rated fire extinguisher in a central location where all workers know where it is
and how to operate in properly.
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3.5 HPR MODIFIED SURFACING MEMBRANE APPLICATION
A. Over the SES Torch Base Sheet underlayment, lay out the roll in the course to be followed
and unroll six (6) feet. Seams for the top layer of modified membrane will be
staggered over the SES Torch Base Sheet seams.
B. Using a roofing torch, heat the surface of the coiled portion until the burn-off backer melts
away. At this point, the material is hot enough to lay into the substrate.
Progressively unroll the sheet while heating and press down with your foot to
insure a proper bond.
C. After the major portion of the roll is bonded, re-roll the first six (6) feet (1.Sm) and bond it
in a similar fashion.
D. Repeat this operation with subsequent rolls with side laps of four ( 4) inches (101mm) and
end laps of eight (8) inches (203mm).
E. Give each lap a finishing touch by passing the torch along the joint and spreading the melted
bitumen evenly with a rounded trowel to insure a smooth, tight seal.
3.6 FLASHING MEMBRANE INSTALLATION
A. Base Flashings: Install 60 mil KEE base flashing membrane in per manufacturer
recommendation with approved adhesive.
3.7 APPLICATION OF SURFACING
A. Reflective Coating:
1. Allow all cold applied mastics and coating to properly dry and cure before installing
the acrylic white energy star coating.
2. Paint all exposed membrane with manufacturer's Energy Star acrylic coating
installed at a rate of one and a half (1.5) gallons per square per coat in a two
coat application.
3.8 FIELD QUALITY CONTROL
A. Perform field inspection and as required.
B. Correct defects or irregularities discovered during field inspection.
C. Require attendance ofroofing materials manufacturers' representatives at site during
installation of the roofing system. A copy of the specification should also be on site
at all times.
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3.9 CLEANING
A. Remove all asphaltic adhesive, drippings, etc ... from all walls, windows, floors, ladders and
finished surfaces.
B. In areas where finished surfaces are soiled by asphalt or any other sources of soiling caused
by work of this section, consult manufacturer of surfaces for cleaning instructions
and conform to their instructions.
C. Repair or replace defaced or disfigured finishes caused by work of this section.
3.10 CONSTRUCTION WASTE MANAGEMENT
A. Remove and properly dispose of waste products generated during roofing procedures.
Comply with requirements of authorities having jurisdiction
3.11 FINAL INSPECTION
A. At completion of roofing installation and associated work, meet with Contractor, Architect,
installer, installer of associated work, Owner, roofing system manufacturer's
representative, and other representatives directly concerned with performance of
ro9fing system.
B. Walk roof surface areas of the building, inspect perimeter building edges as well as flashing
of roof penetrations, walls, curbs and other equipment. List all items requiring
correction or completion and furnish copy of list to each party in attendance.
C. The roofing system manufacturer reserves the right to request a thermo-graphic scan of the
roof during final inspection to determine if any damp or wet materials have been
installed; the thermo-graphic scan shall be provided by the Roofing Sub-Contractor.
D. If core cuts verify the presence of damp or wet materials, the Roofing Sub Contractor shall
be required to replace the damaged areas at his own expense.
E. Repair or replace deteriorated or defective work found at time above inspection as required
to a produce an installation which is free of damage and deterioration at time of
Suhstantial Completion and according to warranty requirements.
F. Notify the Owner upon completion of corrections.
G. Following the final inspection, provide written notice of acceptance of the installation from
the roofing system manufacturer.
H. Immediately correct roofleakage during construction. If the Roofing Sub-Contractor does
not respond within twenty four (24) hours, the Owner will exercise rights to correct
the Work under the terms of the Conditions of the Contract.
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Architechnology, Inc. February 26, 2015
END OF SECTION 075200
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Section 075200 301 West Jefferson Street
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Serial 15023-S 3310-15-1071
SERIAL 15023-S
ATTACHMENT F
3310 A-208 LOWER ROOF PLAN
15023-Attachment
F.pdf
REFERENCE DRAWING ONLY DO NOT SCALE
NOT AN AS-BUILT
SERIAL 15023-S
ATTACHMENT G
3310 A-217 ROOF PLAN
15023-Attachment
G.pdf
REFERENCE DRAWING ONLY
NOT AN AS-BUILT DO NOT SCALE