Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
98-108
RESOLUTION NO. 98-108 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED STANDARD FORM OF AGREEMENT BETWEEN OWNER (CITY OF AVENTURA) AND CONSTRUCTION MANAGER (JAMES A. CUMMINGS, INC.) FOR THE CONSTRUCTION OF THE GOVERNMENT CENTER PROJECT; ESTABLISHING THE GUARANTEED MAXIMUM PRICE AT $13,028,946; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with applicable State law, has requested proposals from firms for services relative to Construction Management with Guaranteed Maximum Price; and WHEREAS, the City Commission adopted Resolution No. 98-74 which selected the firm of James A. Cummings, Inc. to perform Construction Management Services with a Guaranteed Maximum Price relating to the Government Center Project; and WHEREAS, the City Manager has negotiated an Agreement for Construction Management Services and the establishment of the Guaranteed Maximum Price; and WHEREAS, the City Commission, upon review, wishes to authorize the City Manager to execute an Agreement for Construction Management Services with James A. Cummings, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby authorizes the City Manager to execute the attached Standard Form of Agreement between Owner (City of Aventura) and Construction Manager (James A. Cummings, Inc.) for the construction of the Government Center Project, subject to final review and approval by the City Attorney. Section 2. The Guaranteed Maximum Price for the construction of the Government Center Project has been established at $13,028,946. Section 3,. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section4. This Resolution shall become effective immediately upon its adoption. Resolution No. 98- t__o8 Page 2 The foregoing Resolution was offered by Commissioner Berger who moved its adoption. The motion was seconded by Gommissioner Rogers-Libert , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Jeffrey M. Perlow yes Commissioner Patricia Rogers-Libert yes Vice Mayor Harry Holzberg yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 15th day of~~98~ ~ ~ A"~THUR I. SN~CDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AIA Documen} A121/CMc anti AGe Document 565 Standard Form of Agreement Between Owner and Construction Manager where the Construction Manager is also THE CONSTRUCTOR 1991 EDITION THIS DOCUMENT HAS I.~IPORTANT LEGAL CONSEQUENCES; CONSUL TA TION WITH A~V ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS CO,~IPLETION OR MODIFICATION. The 1987 Edition of AIA Document AaoI, General Conditions of the Contract for Construction, is referred to herein. This Agreement requires modification if other general conditions are utilized. AGREEMENT made as of the 15th day of December in the year of i998 (In words, indicate day, month and year) · BETWEEN the Owner: CITY OF AVENTURA (Nameanaa#clress) 2999 N.E. 191 Street, Suite 500 '~ Aventura, Florida 33180 and the Construction Manager: JAMES A. CO~INGS, INC. (.~2;meancladdress) 3575 N.W. 53 Street Fort Lauderdale, Florida 33309 Thc Project is: Goverr~ment Center, Police Facility (Name, address and brief de$cription) and Cultural Center Aventura, Florida The Architectis: Michael A. Shiff & Associates, Inc. ~meanaaaar~ 1103 East Las Olas Boulevard, Suite 200 Fort Lauderdale, Florida 33301 The Owner and Construction Manager agree as set forth below. Portions of this document are derived from AIA Document Al 11. Standard Form of Agreement Between the Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee, copyright 1920. 1925. 1951, 1958. 1961, 1963, 1967, 1974, 1978. ©1987 by The American Institute of Architects; other portions are derived from AGe Document 500. cO 1980 by The A~sociated General Contractors of A~nerica. Material in this document differing from that found in AIA Document Al 11 and AGC Document 500 is copyrighted ~ 1991 bv T~erican Institute of Architects and The ~sociated General Contractors of America. Reproduct on of the ma er a herein or substantial q~ of its provisions ~ ~/A~ * 1~I EDISON · MA* * ~1~1 · ~E ~E~N ~S~ OF ~S, 1735 NEW YO~ ~ ........ ~ TABLE OF CONTENTS ARTICLE I GENERAL PROVISIONS ARTICLE 6 COST OF THE WORK FOR 1.1 Relationship of Parties CONSTRUCTION PHASE 1.2 General Conditions 6.1 Costs To Be Reimbursed 6.2 Costs Not To Be Reimbursed ARTICLE 2 CONSTRUCTION MANAGER'S 6.3 Discounts, Rebates and Refunds RESPONSIBILITIES 6.4 Accounting Records 2.1 Pr¢construction Phase 2.2 Guaranteed Maximum Price ARTICLE 7 CONSTRUCTION PHASE Proposal and Contract Time 7.1 Progress Payments 2.3 Construction Phase 7.2 Final Payment 2.4 Professional Services - 2.5 Unsafe Materials ARTICLE 8 INSURANCE AND BONDS ARTICLE 3 OWNER'S RESPONSIBILITIES 8.1 Insurance Required of the Construction Manager 3,1 Information and Services 8.2 Insurance Required of the Owner 3.2 Owner's Designated Representative 8.3 Performance Bond and 3.3 Architect 3.4 Legal Requirements Payment Bond ARTICLE 4 COMPENSATION AND PAYMENTS ARTICLE 9 MISCELLANEOUS PROVISIONS FOR PRECONSTRUCTION PHASE 9.1 Dispute Resolution for the SERVICES ' Preconstruction Phase ", 9.2 Dispute Resolution for the 4.1 Compensation Construction Phase 4.2 Payments 9.3 Other Provisions ARTICLE 5 COMPENSATION FOR ARTICLE 10 TERMINATION OR SUSPENSION CONSTRUCTION PHASE SERVICES 10.1 Termination Prior to Establishing Guaranteed Maximum Price 5,1 Compensation 10,'~ Termination Subsequent to 5.2 Guaranteed M:Lximum Price 5.3 Changes in the X~brk Establishing Guaranteed Maximum Price 10.3 Suspension ARTICLE 11 OTHER CONDITIONS AND SERVICES Attachments AMENDMENT NO. 1 to Agreement Between Owner and Construction Manager A121/CMc ~a~ DOCU~,ENT A121/CNIc e~d AGC DOCUMENT 5~S * OX~ER4~ONSTRUCTION MAN~,GER AGREF-MEN-r * 1991 EDITION ' . ' YORK AVENIJE. N.~'.. WASHbNGTON, D.C. 200~,-5209 2AGC 565 - 1991 ^cc* · ©1991 · 'FHE ASSOCIATED OFaNER.~. CCH'TRACTORS OF ~aMiERICA, 1957 £ STREET, N.W., ~'ASHINGTON, D.C. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER WHERE THE CONSTRUCTION MANAGER IS ALSO THE CONSTRUCTOR ARTICLE I dations on construction feasibility; actions designed to mini- mize adverse effects of labor or material shortages; time GENERAL PROVISIONS requirements for procurement, installation and construction completion; and factors related to construction cost including 1.1 RELATIONSHIP OF PARTIES estimates of alternative designs or materials, preliminary The Construction Manager accepts the relationship of trust budgets and possible economies. and confidence established with the Owner by this Agree- 2.1.3 PRELIMINARY PROJECT SCHEDULE meat, and covenants with the Owner to furnish the Construc- tion Manager's reasonable skill and judgment and to cooperate When Project requirements described in Subparagraph 3.I.1 with the Architect in furthering the interests of the Owner. have been sufficiently identified, the Construction Manager The Construction Manager shall furnish construction admin- shall prepare, and periodically update, a preliminary Project istration and management services and use the Construction schedule for the Architect's review and the Owner's approval. Manager's best efforts to perform the Project in an expedi- The Construction Manager shall obtain the Architect's approval tious and economical manner consistent with the interests of of the portion of the preliminary Project schedule relating to the Owner. The Owner shall endeavor to promote harmony the performance of the Architect's services. The Construction and cooperation among the Owner, Architect, Construction Manager shall coordinate and integrate the preliminary Proj- Manager andother persons or endtiesemployed by theOwner ect schedule with the services and activities of the Owner, for the Proiect. Architect and Construction Manager. As design proceeds, the preliminary Project schedule shall be updated to indicate pro- 1.2 GENERAL CONDITIONS posed activity sequences and durations, milestone dates for receipt and approval of pertinent information, submittal of For the Construction Phase, the General Conditions of the a Guaranteed Maximum Price proposal, preparation and pro- Contract shall be the 1987 Edition of AIA Document A201, cessing of shop drawings and samples, deliver)- of materials General Conditions of the Contract for Construction, which or equipment requiring long-lead time procurement, Owner's is incorporated herein by reference'. For the Preconstruction occupancy requirements showing portions of the Project Phase, or in the event that the Precot"Ntruction and Construe- having occupancy, priority, and proposed date of Substantial tion Phases proceed concurrently, AIA Document A201 shall Completion. If preliminary Proiect schedule updates indicate apply to the Preconstruction Phase only as specifically pro- that previously approved schedules may not be met. the Con- vialed in this Agreement. The term "Contractor" as used in struction Manager shall make appropriate recommendations AIA Document A201 shall mean the Construction Manager. to the Owner and Architect. 2.1,4 PHASED CONSTRUCTION ARTICLE 2 The Construction Manager shall make recommendations to CONSTRUCTION MANAGER'S the Owner and Architect regarding the phased issuance of RESPONSIBILITIES Drawings and Specifications to facilitate phased construction of the ~Urk, if such phased construction is appropriate for The Construction Manager shall perform the services the Project, taking into consideration such factors as ecoa- described in this Article. The services to be provided under omies, time of performance, availability of labor and mate- Paragraphs 2.1 and 2.2 constitute the Preconstruction Phase rials, and provisions for temporary facilities. services. If the Owner and Construction Manager agree, after consultation with the Architect, the Construction Phase may 2.1.5 PRELIMINARY COST ESTIMATES commence before the Preconstruction Phase is completed, in which case both phases shall proceed concurrently. 2.1.5.1 When the Owner has sufficiently identified the Proj- ect requirements and the Architect has prepared other basic 2.1 PRECONSTRUCTION PHASE design criteria, the Construction Manager shall prepare, for the review of the Architect and approval of the Owner, a 2.1.1 PRELIMINARY EVALUATION preliminary cost estimate utilizing area, volume or similar con- ceptual estimating techniques. The Construction Manager shall provide a preliminary evalua- tion of the Owner's program and Project budget requirements, 2.1.5.2 When Schematic Design Documents have been pre- each in terms of the other, pared by the Architect and approved by the Owner, the Con- struction Manager shall prepare for the review of the Archi- 2.1.2 CONSULTATION tect and approv'al of the Owner, a more detailed estimate with supporting data. During the preparation of the Design Devel- The Construction Manager with the Architect shall jointly opment Documents, the Construction Manager shall update schedule and attend regular meetings with the Owner and and refine this estimate at appropriate intervals agreed to by Architect. The Construction Manager shall consult with the the Owner, Architect and Construction Manager. Owner and Architect regarding site use and improvements, and the selection of materials, building systems and equip- 2.1.5.3 When Design Development Doc~.m~ents have been meat. The Construction Manager shall provide recommen- prepared by the Architect and appro~/~fiVthe~x~er, the AIA· . ©i991. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NE~' YORK AVENUE, N~,W~HLN~N,D.G2~52~ A121/CMc\ ~ 2~6~2~9°WARNfNG:U~k~.~edph~t~e~$~g'~`~/~1t~a~tmi~e~tthev~a~t~ega~ AGC 565- 1~1 3 Construction Manager shall prepare a detailed estimate with teed Maximum Price, which shall be the sum of the estimated supporting dam for review by the Architect and approval by Cost of the Work and the Construction Manager's Fee. the Owner. During the preparation of the Construction Docu- mems, theConstructionManagershal updateandrefine'this 2.2.2 As the Drawings and Specifica ons may not be finished estimate at appropriate intervals agreed to by the Owner, Archi- at the time the Guaranteed .%laximum Price proposal is pre- tect and Construction .Manager. pared, the Construction Manager shall provide in the Guaranteed Maximum Price for further development of the 2.'I.5.4 If any estimate submitted to the Owner exceeds pre- Drawings and Specifications by the Architect that is consis- viously approved estimates or the Owner's budget, the Con- tent with the Contract Documents and reasonably inferable struction Manager shall make appropriate recommendations therefrom. Such further development does not include such to the Owner and Architect. things as changes in scope, systems, kinds and quality of 2.1.6 SUBCONTRACTORS AND SUPPLIERS materials, finishes or equipment, all of which, if required, shall Th~ Construction Manager shall seek to develop subcontrac- be incorporated by Change Order. tot interest in the Project and shall furnish to the Owner and 2.2.3 The estimated Cost of the ~brk shall include the Con- Architect for their information a list of possible subcontrao struction Manager's contingency, a sum established bv the tots, including suppliers who are to furnish materials or equip- Construction Manager for the Construction Manager:s ex- ment fabricated to a special design, from whom proposals will elusive use to cover costs arising under Subparagraph 2.2.2 be requested for each principal portion of the ~brk. The and other costs which are properly reimbursable as Cost of Architect will promptly reply n writing to the Construction the Work but not the basis for a Change Order. Manager if the Architect or Owner know of any objection to 2.2.4 BASIS OF GUARANTEED MAXIMUM PRICE such subcontractor or supplier. The receipt of such list shall not require the Owner or Architect to nvestigate the qualifica- The Construction Manager shall include with the Guaranteed tions of proposed subcontractors or suppliers, nor shall it Maximum Price proposal a written statement of its basis, waive the right of the Owner or Architect later to object to which shall include: or reject any proposed subcontractor or supplier. .1 A list of the Drawings and Specifications, including 2.1.7 LONG-LEAD TIME ITEMS all addenda thereto and the Conditions of the Con- tract, which were used in preparation of the Guaran- The Construction Manager shall recommend to the Owner teed Maximum Price proposal. ~nd Architect a schedule for procurement of long-lead time .2 A list of allowances and a statement of their basis, items which ~,'ill constitute part of the ~'ork as required to .3 A list of the clarifications and assumptions made by meet the Project schedule. If such long-lead time items are · the Construction Manager in the preparation of th~ procured by the Owner. they shall be procured on terms and conditions acceptable to the'Construction Manager. Upon the Guaranteed Maximum Price proposal to supple- Owner's acceptance of the Construe[ion Manager's Guaran- ment the information contained in the Drawings and teed Maximum Price proposal, all commcts for such items shall Specifications. be assigned by the Owner to the Construction Manager. who .4 The proposed Guaranteed bI:Lximum Price, including shall accept responsibility for such items as if procured by a statement of the estimated cost organized by trade the Construction Manager. The Construction Manager shail categories, allowances, contingency, and other items expedite the delivery of long-lead time items, and the fee that comprise the Guaranteed Maxi- mum Price. 2.1.8 EXTENT OF RESPONSIBILITY .6 The Date of Substantial Completion upon which the The Construction Manager does not warrant or guarantee esti- proposed Guaranteed Maximum Price is based, and mates and scheduIes except as may be inc uded as part of the a schedule of the Construction Documents issuance Guaranteed ,~4aximum Price. The recommendations and datesuponwhichthedateofSubstandalCompletion advice of the Construction ,Manager concerning design alter- is based. natives shall be subject to the review and approval of the 2.2.5 The Construction Manager shall meet with the Owner Owner and the Owner's professional consultants. It is not the and Architect to review the Guaranteed Maximum Price pro- Construction ,Manager's responsibility to ascertain that the posal and the written statement of its basis. In the event that Drawings and Specifications are in accordance with applicable the Owner or Architect discovers any inconsistencies or trine- laws, statutes, ordinances, building codes, rules and regula- curacies in the information presented, the',- shall promptly tions. However. if the Construction Manager recognizes that notify the Construction .Manager, who shall/hake appropriate portions of the Drawings and Specifications are at variance adjus'tments to the Guaranteed Maximum Price proposal, its therewith, the Construction Manager shall promptly notify basis or both. the Architect and Owner in writing. 2.2.6 Unless the Owner accepts the Guaranteed Maximum 2.1.9 EQUAL EMPLOYMENT OPPORTUNITY Price proposal in writing on or before the date specified in AND AFFIRMATIVE ACTION the proposal for such acceptance and so notifies the Construe- The Construction blanager shall comply with applicabIe laws, tion Manager, the Guaranteed Maximum Price proposal shall regulations and special requirements of the Contract Docu- t~ot be effective without written acceptance by the Construc- ments regarding equal employment opportunity and affir- non blanager. madve action programs. 2,2.7 Prior to the Owner's acceptance of the Construction 2.2 GUARANTEED MAXIMUM PRICE blanager's Guaranteed Maximum Price proposal and issu- PROPOSAL AND CONTRACT TIME ance of a Notice to Proceed, the Construction ,Manager shall not i~n, cur any cost to be reimbursed as par f the Cost of 2.2.1 When the Drawings and Specifications are suffic ently the Work, e,4cept as the Owner may s ally orize complete, the Construction Manager shall propose a Guaran- in writing. ~ ~ZlX~{~ 2.2.8 Upon acceptance bv he Owner of the Guaranteed Max- meats of the Contract Documents without reservations or imam Price proposal, the Guaranteed Maximum Price and its exceptions, hut the Owner requires that another bid be basis shall be set forth in Amendment No. 1. The Guaranteed accepted, then the Construction Manager may require that Maximum Price shall be subject to additions and deductions a change in the Work be issued to adiust the ~omract Time by a change in the Work as provided in the Contract and the Guaranteed Maximum Price bv the difference between Documents and the date of Substantial Completion snail De the bid of the person or entity recommended to the Owner subiect to adjustment as provided in the Contract Documents. by the Construc on Manager and the amount of the subcon- tract or other agreement actually s gned with the person or 2.2.9 The Owner shall authorize and cause the Architect to entit~ designated by the Owner. revise the Drawings and Specifications to the extent necessa~' ' to reflect the agreed-upon assumptions anti clarifications con'- 2.3.2.3 Subcontracts and agreements with suppliers furnish- rained in Amendment No. 1. Such revised Drawings and Spec- lng materials or equipment fabricated to a special design shall ifications shall be furnished to the Construction Manager in conform to the paymen provisions of Subparagraphs 7.1.8 and accordance with schedules agreed to by the Owner, Architect 7.1.9 and shall not be awarded on the Basis of cost plus a fee and Construction Manager. The Construction Manager shall without the prior consent of the Owner. promptly notify the Architect and Owner if such revised Drawings and Specifications are inconsistent with the agreed- 2.3.2.4t The Construction Manager shall schedule and con- upon assumptions and clarifications, duct meetings at which the Ownec Architect. Construction Manager and appropriate Subcontractors can discuss the status 2.2.10 The Guaranteed Maximum Price shall include in the of the Work. The Construction Manager shall prepare and Cost of the Work only those taxes which are enacted at the promtly distribute meeting minutes. time the Guaranteed Maximum Price is established. 2.3.2.$ Promptly afier the Owner's acceptance of the Guaran 2.3 CONSTRUCTION PHASE teed Maximum Price proposal, the Construction Manag r shall prepare a schedule in accordance with Paragraph 3.10 2.3.1 GENERAL of AiA Document A201, including the Owner's occupancy. 2.3.1.1 The Construction Phase shall commence on the requirements. earlier of: 2.3.2.6 The Construction Manager shall provide monthly (1) the Owner's acceptance of the Construction written reports to the Owner and Architect on the progress Manager's Guaranteed Maximum Price proposal and of the entire ~brk. The Construction :,,lanager shall maintain issuance of a Notice to Proceed, or a daily' log containing a record of weather, Subcontractors (2) the Owner's first authorization to the Construction working on the site, number of workers, x,'~brk accomplish- Manager to: ed, problems encountered and other similar relevant data as ~, the Owner may reasonably require. The og sha be available (a) award a subcontract, or to the Owner and Architect. (b) undertake construction ~brk with the Con- struction Manager's own forces, or 2.3.2.1 The Construction Manager shall develop a system of cost control for the '~brk, including regular monitoring of (c) issue a purchase order for materials or equip- actual costs for activities in progress and estimates for uncom- meat required for the '~brk pleted tasks and proposed changes. The Construction Manager 2.3.2 ADMINISTRATION shall identify variances between actual and estimated costs and report the variances to the Owner and Architect at reg- 2.3.2.1 Those portions of the ~rk that the Construction ular intervals. Manager does not customarily perform w th the Construction 2.4 PROFESSIONAL SERVICES Manager's own personnel shall be performed under subcon- tracts or by other appropriate agreements with the Construe- The Construction Manager shall not be required to provide tion Manager. The Construction Manager shall obtain bids professional services which constitute the practice of architec- from Subcontractors and from suppliers of materials or equip- tare or engineering, unless such services are specifically- meat fabricated to a special design for the Work from the list required by the Contract Documents for a portion of the XXbrk previously r~-iewed and. after analyzing such bids, shall or unless the Construction Manager has specifically agreed deliver such bids to the Owner and Architect. The Owner shall in writing to provide such services. In such event, the Con- then determine, with the advice of the Construction Manager struction Manager shall cause such services to be performed and subject to the reasonable obiection of the Architect, which by appropr ate y licensed professionals. bids will Be accepted. The Owner may designate spec fic per- sons or entities from whom the Construction Manager shall 2.5 UNSAFE MATERIALS obtain bids; however, if the Guaranteed Maximum Price has been established, the Owner may not prohibit the Construo In addition to the provisions of Paragraph I0.1 in AIA Docu- tion Manager from obtaining bids from other qualified bid- meat A20I, if reasonable precautions will be inadequate to ders. The Construction Manager shall not be required to con- prevent foreseeable bodily injury, or death to persons resulting tract with anyone to whom the Construction Manager has from a material or substance encountered but not created reasonable objection, on the site by the Construction Manager, the Construction Manager shall, upon recognizing the condition immediately 2.3.2.2 If the Guaranteed Maximum Price has been estab- stop Work in the affected area and report the condition to lished and a specific bidder among those whose bids are the Owner and Architect in writing. The Owner. Construe- delivered By the Construction Manager to the Owner and tion Manager and Architect shall then proceed in the same Architect (l) is recommended to the Owner by the Construe- manner described in Subparagraph 10.1.2 sajf AIA Document tion Manager; (2) is qualified to perform that portion of the A201. The Owner shall be responsible~r/SbtainX~g the ser- ',~brk; (3) has submitted a bid which conforms to the require- vices of a licensed laboratory to veri?/' r45~resen~....(~bsence 2O~6~52~9~WA~N~NG:tM~ca~m~d~/~t~c~8ngv~'~a~e~Lt.~c~pyr~g~ndw~u~3~ttheVk~at~tt~eg~Pm~ AGC 565- 1991 5 of the material or substance reported by the Construction contours of the site; locations, dimensions and necessary dam Manager and, in the event such material or substance is found pertaining to existing buildings, other improvements and trees; to be present, to verify that it has been rendered harmless, and information concerning a','ailable utility serv ces and lines, Unless otherwise required by the Contract Documents. the both public and pri',-'ate, above and below grade, including Owner shall furnish in writing to the Construction ~lanager inverts and depths. All information on the survey shal be and Architect the names and qualifications Ct' persons or enti- referenced to a project benchmark. ties who are to pertbrm tests verit~-ing the presence or absence of such material or substance or ~,'ho :zre to perform the task 3.1.4.3 The services of geotechnical engineers when such of removal or safe containment of such material or substance, services are requested b;" the Construction .',lanager. Such set- The Construction Manager and Architect will promptly reply vices may include but are not limited to test borings, test pits, to the Owner in writing stating whether or not either has determinations of soil bearing v'alues, percolation tests, evalua- reasonable objection to the persons or entities proposed b;" lions of hazardous materials, ground corrosion and resistivity the Owner. If either the Construction Manager or Architect tests, including necessary operations for anticipating sub'- h:LS an obiection to a person or entity proposed by the Owner, soil conditions, with reports and appropriate professional the Owner shall propose another to whom the Construction recommendations. .'~lanager and Architect have no reasonable objection. 3.1.4.4 Structural. mechanical, chemical, air and water pollu- tion tests, tests for hazardous materials, and other t::]boratorv ARTICLE 3 and environmental tests, inspections and reports which ar~ OWNER'S RESPONSIBILITIES required by law. 3.1.4.5 The services of other consultants when such services 3.1 INFORMATION AND SERVICES are reasonably required by the scope of the Proiect and are 3.1.1 The Owner shall provide full information in 'z timely requested by the Construction Manager. manner regarding the requirements of the Project, includin~ 3.2 OWNER'S DESIGNATED REPRESENTATIVE a program which sets t'orth the Owner's objectives, constraints and criteria, including space requirements and relationships. The Owner shall designate in writing a representative who flexibility and expandabilit;'- requiremen s, special equipment shall have express authority to bind the Owner with respect and systems and >ire requirements, to all matters requiring the Ov,,'ner's approx.-al or authorization. This representative shall have the authority to make decisions 3.1.2 The Owner. upon wrinen request from the Construe- on behalf of the Owner concerning estimates and schedules. rich ?,lanager. shall furnish evidence of Project financing prior construction budgets, and changes in the Work, and shall to thc start of the Construction Phase and from time to time render such decisions promptly and t'urnish information thereafter as the Construction Mana~ger may request. Fur- expeditiousl;'; so as to avoid unreasonable delay in the ser- nishing of such ~'idence shall be a ~,ondido'n precedent to vices or Work of the Construction .~lanager. commencement or continuation of the 3.1.3 The Owner shall establish and update an overall budget 3.3 ARCHITECT for the Project. based on consultation with the Construction The Owner shall retain an Architect to provide the Basic Ser- a, anager and Architect. which shall include contingencies for ',,'ices. including normal structural, mechanical and electrical changes in the "Work and other costs which are the respon- engineering services, other than cost estimating services. sibility of the Owner. described in the edition of AIA Document BI~I current as of the date of this Agreement. The Owner shail authorize and 3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS cause the Architect to provide those 3-dditional Services described in AIA Document B141 requested bv the Construe- [n the Prcconstruction Phase. thc Owner shall furnish the lion Manager which must neccssarib,- be p[iovided bv the following with reasonable promptness and at the Owner's Architect for the Preconstruction and ~onstruction Pha~es of expense, and the Construction Manager shall be entitled to the Work. Such services shall be provided in accordance with rely upon the accuraQ- of any such information, reports, time schedules agreed to by the Owner. Architect and Con- surveys, drawings and tests described in Clauses 3.1.4.1 struction Manager. Upon request of the Construction Manager. through 3.1.4.4. except to the extent that the Construction the Owner shall furnish to the Construction .',lanager a cop;'- Manager knows of an.'.' inaccuraQ-: of the Owner's Agreement with the Architect. from which compensation provisions ma;,- be deleted. 3.1.4.1 Reports. surveys, drawings and tests concerning the conditions of the site which are required by la';,'. 3.4 LEGAL REQUIREMENTS 3.1.4.2 Surve':.-s describing physica characteristics, legal limita- The Owner shall determine and advise the Architect and Con- lions and utility locations for the site of the Project, and a struction Manager of any spec al legal requirements relating written legal description of the site. The surveys and legal specifically to the Project which differ from those generally information shall include, as applicable, grades and lines of applicable to construction in the jurisdiction of the Project. streets, alleys, pavements and ad}oining property and strut- The Owner shall furnish such legal sec'ices as are necessav,- lures: ad acent drainage: rights-of-wav, restrictions, easements, to provide the information and services required unde'r encroachments, zoning, deed restrictions, boundaries and Paragraph 3.1. A121/CMc ~'~ . ~/7 h 6 ACC 565- 1991 2~>52~9°WARN~NG:Urd~c~t~edph~t~=~yin~vi~atesU~'S~y~ght~w~ndwi~u~the~~ ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES The Owner shatl compensate and make payments to the Constructios Manager for Preconstruction Phase services as follows: 4.1 COMPENSATION 4.1.1 For the services described is Paragraphs 2 l and 22 the Construction Manager's compensation shall be calculated as follows: as applicable) One Hundred Five Thousand Four Hundred DoLlars ($105,/400.00) wh:i_ch is due and payab~_e at the time the Not,_ce to Proceed ~_s issufid. 4.1.3 If cornpensadon is based on a muhiple of Direct Personnel Expense, Direct Personnel Expense is defined as the direct salaries of the Construction Manager's personnel engaged in the Project and the portion of the cost of their mandatory and customary cosnibutions and benefits related thereto, such as employment taxes and other statutory employee benefits, insmZance, sick leave, holidays, vacations, pensions and similar contributions and benefits 4.2 PAYMENTS 4.2.1 Payments shall be made monthly lbllowing presentation ct the Construction Manager's invoice and, where applicable, shall be in proportion to services performed 4.2.2 P'aymcms are due and payable ten ( [ 0 ) days from the date the Construction Manager's invoice is received b?' the Owner. Amounts unpaid after the date on which payment is due shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Proiect is located. Prime Rate of NationsBank, Fort Lauderdale, FLorida ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES The O~vner shah compensate the Construction Manager for Construction Phase services as folk)ws: 5.1 COMPENSATION 5.1.1 For the Construction Manager's performance of the Work as described in Paragraph 2.3, the Owner shall pay the Con- struction Manager in current funds the Contract Sum consisting of thc Cost of the Work as defined in Article 7 and tile Con struction *lanager's Fee determined as follows: Construction Hanager's Fee: Four Hundred Twenty-One Thousand. Six Hundred Dollars ($421,600.00) For Changes in the Work: For changes in the Work where any Change Order engenders an increase in the Cost of the k~ork, the Consbruct±on Hanager will receive as an additional fee five percent (570) of the Cost of the Change Order Work plus general home office overhead expenses of ten percent (10Z). [~b. ere any Change Order engenders a decrease in the Cost of the Work same shall be computed at Construct±on Hanager~s actual Cost of the Work. 5.2 GUARANTEED MAXIMUM PRICE 5.2.1 The sum of the Cost of the Work and the Construction Manager's Fee are guaranteed by the Construction Manager not to exceed the amount provided in Amendment No. 1, subject to additions and deductions bt' changes in the ~Urk as provided in the Contract Documents. Such maximum sum as adjusted by approved changes in the ~'ork is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. In the event that the Cost of the Work and the Construction Manager's fees are less than the Guaranteed Maximum Cost, after giving effect ~o changes in the Work and any other adjusUnent which may be made, then the difference between the cost of the Work and the Construction Manager's fees, on the one hand, and the Guaranteed Maximum Cost on the other hand, is the savings. The first two hundred thousand dollars ($200,000.00) of the savings shall accrue and inure to the Owner to the extent of one hundred percent (100%) thereof. Any savings in excess of two hundred thousand dollars ($200,000.00) shall accrue and inure to the Owner to the extent of seventy-five percent (75%). thereof, and shall inure and be paid to the Construction Manager, as additional fee, to the extent of twenty-five percent (25%) thereof. 5.3 CHANGES IN THE WORK 5.3.1 Adjustments to the Guaranteed Maximum Price on account of changes in the X~rk subsequent to the execution of Amend- ment No. I may be determined by an,',' of the methods listed in Subparagraph 7.3.3 of AIA Document A201. 5.3.2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee}. the terms "cost" and "fee" as used in Clause 7.3.3.3 of AIA Document A201 and the terms "costs" and "a reasonable allowance for overhead and profit" as used in Subparagraph 7.3.6 of AIA Document A201 shall have the meanings assigned to them in that document and shall not be modified by this Article 5. Adiustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. 5.3.3 In calculating adjustments to the Contract, the terms "cost" and "costs" as used in the above-referenced provisions of AIA Document A201 shall mean the Cost of the Work as defined in Article 6 of this Agreement and the terms "and a reasonable allowance for overhead and profit" shall mean the Construction .X, lanager's Fee as defined in Subparagraph 5.1. l of ~his Agreement 5.3.4 If no specific provision is made in Subparagraph 5.1.1 for adjustment of the Construction Manager's Fee in the case of changes in the Work. or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Subparagraph 5.1.1 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager's Fee shall be equitably adjusted on th~ basis of the fee established for the original Work. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 6.1 COSTS TO BE REIMBURSED 6.1.1 The term "Cost of the ~brk" shall mean costs necessarily incurred by the Construction Manager in the proper perfor- mance of the ',~.rk. Such costs shall be at rates not higher than those customarily paid at the place of the Proiect except with prior consent of the Owner. The Cost of the X~rk shall include only the items set forth in this Article 6. 6.1.2 LABOR COSTS .1 "ghges of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or. with the Owner's agreement, at off-site workshops, .2 '~ges or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's agreement. (I]' it is intended that the wages or salartes of certain personnel stcltionect at the Construction Manager ~ princtpal office or offices other than the site · 3 ~lges and salaries of the Construction Manager's supervisor3,, or administrative personnel engaged, at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. · 4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, a&sessments and benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements, customar?- benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided that such costs are based on wages and salaries included in the Cost of the Work under Clauses 6.1.2.1 through 6.1.2.3. 6.1,3 SUBCONTRACT COSTS ~e o~cA Payments made by the Construction Manager to Subcontractors in accordance with the requirement subc AIA® · ©1991 · THE A~MEPdCAN INSTITL"TE OF ARCHITECTS. I,'35 NEW YORK AVENUE, N.'g~, W~SHINGTON, D.C. 20006-5209 A121/CMc 2~52~9~WARN~NG:Un#ce~d[~w~gv~t~-~c~y~ght~w~andw~su~ectt~1ev~x~at~t~ega~ AGC 565- 1991 8 6.1.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION .1 Costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction. .2 Costs of materials described in the preceding Clause 6.1.4.1 in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be handed over to the Owner at the completion of the X~brk or, at the Owner's option, shall be sold by the Construction Manager; amounts realized, if any. from such sales shall be credited to the Owner as a deduction from the Cost of the 6.1.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS .1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are pro- vided by the Construction Manager at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether soId to others or retained by the Construction Manager. Cost for items previously used by the Construction Manager shall mean fair market value. .2 Rental charges for temporary Facilities, machineD: equipment, and hand tools not customarily owned by the construc- tion workers, which are provided by the Construction Manager at the site, whether rented from the Construction Manager or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shalI be subiect to the Owner's prior approval. .3 Costs of removal of debris from the site. .4. Reproduction costs, costs of telegrams, facsimile transmissions and long-distance telephone calls, postage and express delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. .5 That portion of the reasonable travel and subsistence expenses of the Construction Manager's personnel incurred while traveling in discharge of duties connected with the Work. 6.1.6 MISCELLANEOUS COSTS .1 That portion directly attributable to this Contract of premiums for insurance and bonds. .2 Sales, use or similar taxes imposed bv a governmental authority which are related to the ~brk and fl0r which the Con- struction Manager is liable} .3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construc- tion Manager is required by the Contract Documents to pay. .4. Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted bF' Clause 6.1.8.2. .5 Royalties and license fees paid for the use ora particular design, process or product required by the Contract Documents: the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents: payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent: provided. however, that such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by the last sentence of Subparagraph 3.17.1 of AIA Document A201 or other provisions of the Contract Documents. .S Data processing costs related to the Work. .? Deposits lost for causes other than the Construction Manager's negligence or failure to fult2ll a specific responsibility to the Owner set forth in this Agreement. .S Legal. mediation and arbitration costs, other than those arising from disputes between the Owner and Construction Manager. reasonably incurred by the Construction Manager in the performance of the Work and with the Owner's writ- /t~ ten p~VSsion, which permission shall not be unreasonably withheld. 6.1.7 OTHER COSTS .1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. 6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK The Cost of the Work shall also include costs described in Subparagraph 6.1. l which are incurred by the Construction Manager: .1 In taking action to prevent threatened damage, injury or loss in case of an emergenc~; affecting the safety of persons and property, as provided in Paragraph 10.3 of AIA Document A201. .2 In repairing or correcting damaged or nonconforming ~rork executed by the Construction Manager or the Construc- tion Manager's Subcontractors or suppliers, provided that such damageci or nonconforming Wor.~fl not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreen3ze, dt~/~Co~nstruction .,IA' * ©199, '" THE .~-'.IERICAN LNSTITLrTE OF .~q, CHITECTS, t735 N'Exx' YORK A~NUE. N~, ~t~HINGTON, D'G 2~52~ ~5~9~wAn~N~:u~ie~t~w~mu.s.~m'~a~d'~`~ettm~v~t~t~`~. lfiC 565- 1991 9 Manager or the Construction Manager's foremen, engineers or superintendents, or other supervisor?; administrative or managerial personnel of the Construction Manager, or the failure of the Construction Manager's personnel to super- vise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Construction Manager from insurance, Subcontractors or suppliers. 6.1,9 The costs described in Subparagraphs 6.1.1 through 6.l.8 shall be incIuded in the Cost of the ~rk notwithstanding any provision of A1A Document Aa01 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Paragraph 6.2. 6.2 COSTS NOT TO BE REIMBURSED 6.2.1 The Cost of the ~brk shall not include: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Clauses 6.1.2.2 and 6,1.2.3. .2 Expenses of the Construction Manager's principal office and offices other than the site office except as specifically pro- vided in Paragraph 6.1. .3 Overhead and general expenses, except as may be expressly included in Paragraph 6,I. .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work. .5 Rental costs of machinery and equipment, except as specifically provided in Subparagraph 6,1,5.2. .6 Except as provided in Clause 6.1.8.2, costs due to the negligence of the Construction Manager or to the failure of the Construction Manager to fulfill a specific responsibility to the Owner set forth in this Agreement, .7 Costs incurred in the performance of Preconstruction Phase Services. .8 Except as provided in Clause 6.1.7.1, any cost not specifically and expressly described in Paragraph 6.l. .9 Costs which would cause the Guaranteed Maximum Price to be exceeded, 6.3 DISCOUNTS, REBATES AND REFUNDS 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if(1) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefor from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction ManageL Trade discounts, rebates, refunds and amounts received from sales of surpIus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. 6.3.2 Amounts which accrue to th~ Owner in accordance with the provisions of Subparagraph 6.3.1 shall be credited to the Owner as a deduction from the Cost of the Work. 6.4 ACCOUNTING RECORDS 6.4.1 The Construction Manager shall keep full and detailed accounts and exercise such controls as ma,',' be necessary for proper financial management under this Contract: the accounting and control systems shall be satisfactory to the Ow'nec The Owner and the Owner's accountants shall be afforded access to the Construction Manager's records, books, correspondence, instruc- tions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and the Cons/ruction Manager shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 CONSTRUCTION PHASE 7.1 PROGRESS PAYMENTS 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates ~'or Pay- ment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 7.1.3 Provided an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment to the Construction Manager not later than the tenth day of the fo llow±ng month. If an Application for Payment is received by the Architect after the application date fixed above. payment shall be made by the Owner not later than ten (~_0) days after the ArC, ct receives the Application for Pa;-ment. ~ ~/ ~.52~)~wanN~e':u~r":*'~r~`~m~'~:~g`a~m~u.s.~w~tm'~'aa'x~'~t~'~at*~~. AGC 565- 1991 10 7.1.4 With each Application ~or Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the ~brk equal or exceed (1) progress payments already received by the Construction Manager: less (2) that portion of those payments attributable to the Construc- tion Manager's Fee; plus (3) payrolls for the period co,,~red by the present Application for Payment. 7.1.$ Each Application for Payment shall be based upon the most recent schedule of values submitted by the Construe[ion Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the ggbrk, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Consiruction Manager's Applications for Payment. 7.1.6 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage completion shall be the lesser of (I) the percentage of that portion of the x~6brk which has actually been completed or (2) the percentage obtained by dividing (a) the expense which has actuafiv been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager h~s made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Max/mum Price allocated to that portion of the Work in the schedule of values. 7.1.? Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by' multiply. lng the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work. amounts not in dispute may be included as provided in Subparagraph 7.3.7 of AIA Document A2OI. even though the Guaranteed Maximum Price has not ?'et been adjusted by Change Order. .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work oc if approved in advance bF- the Owner, suitably store~ off the site at a location agreed upon in writing, .3 Add the Construction Manager's Fee, less retainage of ten percent ( 10 ?/,,). The Construction Manager's Fee shall he computed upon the Cost of the ~'ork described in the two preceding Clauses at the rate stated in Subparagraph 5,1.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Subparagraph, shall be an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work in the two preceding Clauses bears to a reasonable estimate of the probable Cost of the Work upon its completion. .4 Subtract the aggregate of ~revious payments made by the OwneL .5 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Subparagraph 7.1.4 to substantiate prior Applications for Payment. or resulting from errors subsequently discovered by the Owner's accountants in such documentation, .6 Subtract amounts, if an'y; for which the Architect has withheld or nullified a Cerfificate for Payment as provided in Paragraph 9.5 of AIA Document A2OI. 7.1.8 Except with the Owner's prior approval, payments to Subcontractors shall be subject to retention of not less than ten percent [ l0 %). The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments and retention for subcontracts. 7.1.[} Except with the Owner's prior approvaI, the Construction Manager shall not make advance pa?'ments to suppliers for materials or equipment which have not been delivered and stored at the site. 7.1.10 In taking action on the Construction Manager's AppIications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detaiied examination, audit or arithmetic verification of the documentation submitted in accor- dance with Subparagraph 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on-site inspec- tions or that the Architect has made examinations to ascertain how or for v-hat purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinafions, audits and verifications, if required by the Owner, will be performed by the Owner's accountants acting in [he sole interest of the Owner, 7.2 FINAL PAYMENT 7.2.1 Final payment shall be made by the Owner to the Construction Manager when (I) the Contract has been fully performed by the Construction Manager except for the Construction Manager's responsibility to correct nonconforming Work, as provid- ed in Subparagraph 12.2,2 of AIA Document A2OI, and to satisfy other requirements, if any, which necessarily survive final payment; (2) a final Application for Payment and a final accounting for the Cost of the Work have been submitted by the Con- struction Manager and reviewed by the Owner's accountants; and (3) a final Certificate for Payment has then been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: or within thirty (30) days from the date of the issuance of a Certificate of Occupancy by the appropriate governmental authority, whichever is less . 2O(x)6~52~9~ARN~NG:Un~c~r~edph~t~e~ngv~4~te~S~h~g~tiav~an~wiEsu~thevi~at~rt~e~pm~ecut~n~ AGC 565- 1991 11 7.2.2 The amount of the final payment shall be calculated as follows: .1 "Pake the sum of the Cost of the Work substantiated by the Construction Manager's final accounting and the Construc- tion Manager's Fee; but not more than the Guaranteed ,Maximum Price. .2 Subtract amounts, if any, for which the Architect withholds, in whole or in part, a final Certificate t~,r Paymen as pro- vided in Subparagraph 9.5.1 of AIA Document A2OI or other provisions of the Contract Documents. .3 Subtract the aggregate of previous payments mac~e by the Owner. If the aggregate of previous payments made by the Owner exceeds thc amount due the Construction Manager. the Construction Manager shall r~imburse the difference to the Ownen 7.2.3 The Owner's accountants will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Subparagraph 7.2.1 have been met, the Architect will. within seven da~ after receipt of the written report of the Owner's accountants, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager. or notify' the Construction ~,lanager and Owner in writing of' the Architect's reasons for withholding a certificate as provided in Subparagraph 9.5.I of AIA Document A201. The time periods stated in this Paragraph 7.2 supersede those stated in Subpara- graph 94.1 of AIA Document A2OI. 7.2.4 If the Owner's accountants report the Cost of the ~'ork as substantiated by the Construction Manager's final accoummg to be [ess than claimed by the Construction Manager, the Construction Manager shall be entitled to proceed in accordance with Article 9 without a further decision of the Architect. Unless agreed to otherwise, a demand for mediation or arbitration of the disputed amount shall be made by the Construction Manager within 60 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to make such demand within this 60*day period shall resuh in the substantiated amount reported by the Owner's accountants becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction ,Manager the amount certified in the Architect's final Certificate for Payment. 7.2.5 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in Paragraph 6. l and not excluded by Paragraph 6.2 (1) to correct nonconfi, rming Work. or (2) arising from the resolution of disputes, the Owner shall reimburse the Construction Manager such COSTS and the Construction Manager's Fee, if ans; related thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determinipg the net amount to be paid by the Owner to the Construction Managen ARTICLE 8 INSURANCE AND BONDS 8.1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER During both phases of the Project. the Construction Manager shall purchase and maintain insurance as set forth in Paragraph 111 of AIA Document A201. Such insurance shall be written for not less than the following limits, or greater if required by la'v,-: 8.1.1 ',Xbrkers' Compensation and Employers' Liability meeting statutory limits mandated by State and Federal laws. If(I) limits in excess of those required by statute are to be provided or (2) the employer is not statutorily bound to obtain such insurance coverage or (3) additional coverages are required, additional coverages and limits tbr such insurance shall be as follows: 8.1.2 Commercial General Liability including coverage for Premises-Operations. Independent Contractors' Protective. Products- Completed Operations, Contractual Liabilit?~ Personal Iniur~; and Broad Form Property Damage (including coverage for Explo- sion, Collapse and Underground hazards): $ J. ,000 ~000 Each Occurrence $ 1,000 ~000 General Aggregate $ 1 ~000~000 Personal and Advertising Injury $ [ ~000 ~000 Products-Completed Operations Aggregate .1 The policy shall be endorsed to have the GeneraI Aggregate apply to this Project on[?: .2 Products and Completed Operations insurance shall be maintained for a minimum period of at least two 2 ) year(s) after either 90 days following Substantial Completion or final payment, whichever is earlier. .3 The Contractual Liability insurance shall include coverage sufficient to meet the obligations in A/Id~-5;)ocumeru A201 2~6-5~9~WARN~NG:Un~k~et~-dph~t~ngv~4a~e~c~ht~aw~andw~#su~ev~x~rt~iega~p~n~ AGC 565- 1991 12 8.1.3 Automobile Liability (owned, non-owned and hired vehicles) for bodily injury and property damage: $ ]-, 000 ) 000 Each Accident ~. 8.1 .4 Other coverage: (If L'mbrella E. xce~$ L tabdtty coceeage is required ot er tDq prlmarT' insurance or retention, insert the cocexage limits. Comr~lercial General Liability a,~d ,4utomobile Liahlhtv limits may be attained ~. indtt idual policies or by a combtnatlon of prima~y policies ann Umbrella and, Or Exce~ Llabtht¥ poh~ies ) 8,2 INSURANCE REQUIRED OF THE OWNER During both phases of the Project, the Owner shall purchase and maintain liability and property insurance, including waivers of subrogation, as set forth in Paragraphs 11.2 and 11.3 of A[A Document A201. Such insurance shall be written for not Iess than the following limits, or greater if required by law: 8.2.1 Property Insurance: $ 2 ~500 Deductible Per Occurrence $ 2 ~ 500 Aggregate Deductible 8.2.2 Boiler and Machinery insurance with a limit of: $ 2,500 8.3 PERFORMANCE BOND AND PAYMENT BOND 8,3.1 The Construction Manager shaLL (Insert"sball"or"sballnot")furnishhondscoveringthithfulperfor- mance of the Contract and payment of obligations arising thereunder Bonds may' Be obtained through the Const[uction Managers usual sou,~E'~nd the cost thereof shall be included in tb~e-~ost of the $~ork The amount of each bond shall be equal 8.3.2 The Construction Manager.shall deliver the required ~,oniJff to the~Owner at least three days before the commencemen of any ~brk at the Project site. 't. ~ ARTICLE 9 9.1.4 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitra- MISCELLANEOUS PROVISIONS tion Association. A demand for arbitration may be made con- curremly with a demand for mediation and shall he made 9.1 DISPUTE RESOLUTION FOR THE within a re~onablc time after the claim, dispute or other mat- PRECONSTRUCTION PHASE ter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal 9.1.1 Claims, disputes or other matters in question between or equitable proceedings based upon such claim, dispu[e or the parties to this Agreement which arise prior to the corn- other matter in question would be barred by the applicable mencement of the Construction Phase or which reIate solely statute of limitations. to the Preconstruction Phase services of the Construction Manager or to the Owner's obligations to the Construction 9.1.5 No arbitration arising out of or relating to the Contract Manager during the Preconstruction Phase, shall be resolved Documents shall include, by consolidation or joinder or in by mediation or by arbitration, any other manner, the Architect. the Architect's empIoyees 9.1.2 Any mediation conducted pursuant to this Paragraph or consultants, except by written consent containing specific 9.1 shall be held in accordance with the Construction Indust~' reference to the Agreement and signed by the Architect. Mediation Rules of the American Arbitration Association cur- Owner, Construction Manager and any other person or emi- rently in effect, unless the parties mutually agree otherwise, ty sought to be ioined. No arbitration shall include, by con- Demand for mediation shall be filed in writing with the other solidation or ioinder or in any other manner, parties other party to this Agreement and with the American 3.rbitration than the Owner, Construction Manager, a separate contrac- Association. Any demand for mediation shall be made within tot as described in Article 6 of AIA Document A201 and other a reasonable time after the claim, dispute or other matter in persons substantially involved in a common question of fact question has arisen. In no event shall the demand for media- or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the tion be made after the date when institution of legal or Owner or Construction Manager or a separate contractor as equitable proceedings based upon such claim, dispute or other matter in question would be barred by the applicable described in Article 6 of AIA Document A201 shall be included statute of limitations, as an original third party' or additiona, third party to an arbi- tration whose interest or responsibility is insubstantial. Con- 9.1.3 Any claim, dispute or other matter in question not sent to arbitration involving an additional person or entity resolved by mediation shall be decided by arbitration in actor- shall not constitute agreement to arbitration of a dispute not dance with the Construction Industo' Arbitration Rules of the described in such consent or with a person or entity not American Arbitration Association currently in effect unless the named or described therein. The foregoing agreement to arbi- AIA DOCUMENT A121/~MC and AGC DOCUMENT 565 · OX~.~NER-CONS'I'RUCTION ~L~NAGER AGREE;lENT · 1991 EDITION [ ~/ ~-" ~ son or entity duly consented to by parties to this Agreement ARTICLE 10 shall be specifically enforceab e under applicable law in any court having iurisdiction thereof. TERMINATION OR SUSPENSION 9.1.6 The award rendered by the arbitrator or arbitrators shall 10.1 TERMINATION PRIOR TO ESTABLISHING be final, and judgment may be entered upon it in accordance GUARANTEED MAXIMUM PRICE with applicable law in any court having jurisdiction thereof. 9.2 DISPUTE RESOLUTION FOR THE 10.1.1 Prior to execution by both parties of Amendment No. 1 CONSTRUCTION PHASE establishing the Guaranteed Maximum Price, the Owner ma;' terminate this Contract at any time without cause, and the 9.2.1 Any' other claim, dispute or other matter in question Construction Manager ma.,' term hate h s Contract for any of arising out of or related to this Agreement or breach thereof the reasons described in Subparagraph 14.1.1 of AIA D6cu- shall be settled in accordance with Article 4 of AIA Document ment A201. A201, except that in addition [o and prior to arbitration, the 10.1.2 If the Owner or Construction Manager terminates this parties shall endeavor to settle disputes by reed a on n accor- dance with the Construction industry Mediation Rules of the Contract pursuant to this Paragraph 10.1 prior to commence- American Arbitration Association currently in effect unless the ment of the Construction Phase, the Construction Manager parties mutually' agree otherwise. Any' mediation arising under shall be equitably compensated for Preconstruction Phase set- this Paragraph shall be conducted in accordance with the pro- vices performed prior to receipt of notice of termination; pro- visions of Subparagraphs 9.1.2 and 9.1,3. vided, however, that the compensation t~3r such services shall not exceed the compensation set forth in Subparagraph 4.1.1, 9.3 OTHER PROVISIONS 10.1.3 If the Owner or Construction Manager terminates this 9.3.1 Unless otherwise noted, the terms used in this Agree- Contract pursuant to this Paragraph 10.1 after commencement ment shall have the same meaning as those in the 1987 Edi- of the Construction Phase, the Construction Manager shall, tion of AIA Document A201, General Conditions of the Con- in addition to the compensation provided in Subparagraph tract for Construction. 10.1.2, be paid an amount calculated as follows: 9.3.2 EXTENT OF CONTRACT .1 Take the Cost of the X~'ork incurred by the Construc- tion Manager. This Contract, which includes this Agreement and the other documents incorporated herein by reference, represents the .2 Add the Construction Manager's Fee computed upon entire and integrated agreement between the Owner and Con- the Cost of the X~'ork to the date of termination at struction Manager and supersedes all prior negotiations, the rate stated in Paragraph 5.1 or, if the Construe- representations or agreements, either written or oral. This tion Manager's Fee is stated as a fixed sum in that Agreement ma,<' be amended only b;' writ en nstrumen s gn- Paragraph, an amount which bears the same ratio to ed by' both the'Owner and Cons~ru}tion Manager. If anything that fixed-sum Fee as the Cost of Work at the time in any document incorporated n o this Agreement is incon- of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion. sistent with this Agreement, this Agreement shall govern. 9.3.3 OWNERSHIP AND USE OF DOCUMENTS .3 Subtract the aggregate of previous payments made by the Owner on account of the Construction Phase. The Drawings. Specifications and other documents prepared The Owner shall also pay the Construe on .% anager fa r corn- by' the Architect. and copies thereof' furnished to the Con- pensation, either by purchase or rental at the election of the struction ManageL are i-~)r use solely with respect to this Proj- Owner, for any equipment owned by the Construction eot. They' are not to be used by the Construction Manager, Manager which the Owner elects to retain and which is not Subcontractors. Sub-subcontractots or suppliers on other proj- otherwise included in the Cost of the Work under Clause errs, or for additions to this Project outside the scope of the 10.1.3.1. To the extent that the Owner eIects to take legal Work. without the specific written consent of the Owner and assignment of subcontracts and purchase orders (including Architect. The Construction Manager, Subcontractors, Sub- rental agreements), the Construction Manager shall, as a con- subcontractors and suppliers are granted a limited license to dition of receiving the payments referred to n h s Art cie 10, use and reproduce applicable portions of the Drawings, execute and deliver all such papers and take all such steps, Specifications and other documents prepared by the Archi- including the legal assignment of such subcontracts and other tect appropriate to and for use in the execution of their Work contractual rights of the Construction Manager, as the Owner under the Contract Documents. may require for the purpose of fully vesting in the Owner the 9.3.4 GOVERNING LAW rights and benefits of the Construction Manager under such subcontracts or purchase orders. The Contract shall be governed by the law of the place where the Project is located. Subcontracts, purchase orders and rental agreements entered 9.3.5 ASSIGNMENT into by the Construction Manager with the Owner's written approval prior to the execution of Amendment No. I shall con- The Owner and Construction Manager respectively bind tain provisions permitting assignment to the Owner as themselves, their partners, successors, assigns and legal rep- described above. If the Owner accepts such assignment, the resentatives to the other party hereto and to partners, suc- Owner shall reimburse or indemnify the Construction cessors, assigns and legal representatives of such other party Manager with respect to all costs arising under the subcon- in respect to covenants, agreements and obligations contained tract, purchase order or rental agreement except those which in the Contract Documents. Neither party to the Contract shall would not have been reimbursable as Cost of the Work if the assign the Contract as a whole without written consent of the contract had not been terminated. If the Owner elects not other. If either party attempts to make such an assignment to accept the assignment of any subcontract, purchase older without such consent, that party shall nevertheless remain or re,n, tal agreement which would ~)a'ff~constituted a Cost of legally responsible for all obligations under the Contract. the Work had this agreement no~e/d terminate~,.t~e Con- AiA'' ©I991 'THEKMERICANINSTITUTEOF.,RCHiTECTS, 1735 NEW YORK AVENUE, N.X~L, WfiSHL'4GTON, DC-20006-52~-'~17C~ ~ struction blanager shall terminate such subcontract, purchase under Subparagraph 14.1.2 of AIA Document A201 shall not order or rental agreement and the Owner shall pay the Con- exceed the amount the Construction blanager would be end- struction Manager the costs necessarily incurred by he Con- ded to receive under Subparagraphs 10.1.2 or 10.I.3 above, struction Manager by' reason of such termination, except that the Construction .Manager's Fee shall be calculated 10.2 TERMINATION SUBSEQUENT TO ESTABLISHING as if the Work had been fully completed by the Construction GUARANTEED MAXIMUM PRICE .~lanager, including a reasonable estimate of the Cost of the Work for Work not actually completed. Subsequent to execution by both parties of Amendment No, l, 10.3 SUSPENSION the Contract may be terminated as provided in Article 14 of AIA Document A20I. The Work may be suspended by the Owner as provided in Article 1-~ Of AIA Document A201; in such case, the Guaranteed 10.2.1 In the event of such termination by the Owner, the Maximum Price, if established, shall be increased as provid- amount payable to the Construction Manager pursuant to Sub- ed in Subparagraph 14.3.2 of AIA Document A201 except that paragraph 14.1.2 of AIA Document A201 shall not exceed the the term "cost of performance of the Contract" in that Sub- amount the Construction Manager would have been entitled paragraph shall be understood to mean the Cost of the Work to receive pursuant to Subparagraphs 10.1.2 and I0.1.3 of and the term "profit" shall be understood to mean the Con- this Agreement. sttuction Manager's Fee as described in Subparagraphs 5.1. 10.2.2 [n the event of such termination by the Construction and 5.3.4 of this Agreement. Manager, the amount to be paid to the Construction Manager ARTICLE 11 OTHER CONDITIONS AND SERVICES a) The parties agree that to the extent that any provision of the Contract Documents requires the Contractor to indemnify the Owner from liability for damages to persons or property caused in whole or in part by any act, omission default of the owner arising from the Contract or the owner's performance, the parties acknowledge that the owner has given a specific consideration to the Contractor for such indemnification by payment of the sum of $100 payable upon processing of the first invoice for payment under this Contract. b) Following a determination by the Amhitect, the Owner and Contractor shall each have the option to remove a dispute~from mediation and arbitration pursuant to the requirements of the Contract Documents/by serving a notice upon the other party within 7 days atter either party nvokes the/mediation or arbitration process. In the event either party timely exercises such optiorJ/to remove a dispute from mediation and arbitration, ththe dispute shall be subject to dfltermination in a Court of competent jurisdiction, in. the 11 . Judici,al Circuit~-l~iami-Da/le County, Flodda. This shall not impair any meoiaoon requirements o, / c) n the[eve~M/thi~ the Contractor shall fail to complete the Work within the tirce limit or the extenc'l~:l ti~ limit a~reed upon, as more particularly set forth in the Contract Docum}mt,,~,, liquidated damage shall be paid at the rate of One thousand and 00/100 Dollars ($1,000) per day. This Agreement entered into as of the day and year first written above. OWNER: CI~ 0F_kVENTURA _ CONSTRUCTION MANAGER: JAMES A. CL'MMINGS, INC. 2*~52~.W~NING:U~~~¢S.~m~B~~~. AGC 565- 1991 15 AMENDMENT NO. I TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Paragraph 2.2 of the Agreement. dated December 15, 1998, between City of Aventura (Owner) and James A. Cummings, Inc. (Construction Manager). for Government Center (the Project). the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for thc Work as set forth below. ARTICLE I GUARANTEED MAXIMUM PRICE The Construction .',lanager's Guaranteed Ma.dmum Price for the Work. including the estimated Cost of the ~brk as defined in Article 6 and the Construction Manager's Fee as defined in Article 5. is Thirteen Million Twenty-Eight Thousand Nine Hundred Forty-Six Dollars{$ 13,028,946.00 Exhibits "A" through "F" are included in the attached Guaranteed Maximum Price Estimate of November 30, 1998, attached herewith. The Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Exhibits "A" through "F" as follows: Exhibit "A" Qualifications and Clarifications, pages 1 through 11, dated November 30, 1998 Exhibit "B" GMP Estimate, pages I through 16, dated November 30, 1998 Exhibit "C" Bid Comparison Sheet, pages 1 through 7, dated November 30, 1998 Exhibit "D" List of Drawings, pages I through S, as noted (85% Construction Drawings) ~ - Exhibit "E" List of Specifications (Drat%), pages I through 4, dated November 5, 1998 Exhibit "F" Elevator Description, page 1 The parties agree that the a~ached AIA Document A201-1997 Edition will be utilized in lieu of AIA Document A201-1987 Edition. Where this Agreement (AIA Document 121/CMc) makes reference to AIA Document A201-1987 Edition, it is mutually agreed that the appropriate article of AIA Document A201-1997 Edition shall be utilized. Exhibit "A" documents take preference over all other documents. CONTRACT TI~c.~D ~'~. S ~ -- The date of Substantial Completion established by this Amendment is: 8i~-~n ~ months fi.om Date of Notice to Proceed with Construction or ten (I O) days after issuance of a Building Permit, whichever is later. OWNER: CITY OF~TURA / CONSTRUCTION NIANAGER: JAMES A. CUMMINGS, INC. AC, Ce · ©1991 · THE .t.R~DCIATED GENERAL CONTRACTOR~ OF AMERICA. 1957 E STREET. N.W.. WASHINGTON, O.C- z~-5_,09.wans~c~tJma:~~,e,,me~us.~w,~tt,~san~a,~4,ct~,e~a~¢m~;~ ACC 565- 1991 1997 EDITION ^1^ DOCUMENT ^201-1997 General Con.d~ions of the Contract for Construction This d~umenl has impor- TABLE OF ARTICLES tam legal consequences. Consultation with an ~' attorney is encouraged 1. ~ fiENERAL pROVISIONS ~ ~ ~ with respect to ~ts ~ This d~ument has been Zz:,~ .~; : approved and endorsed by 4. 6. CONSTRUCTION BY OWN~ ~ SEPA~TE CONTRACTORS 7. CHANG[SIN THEWORK: --: (~,~ 10, PROTECTION OF PERSON~A~QP~OPER~ ..T,~ j ~: - ~12., UNCOVERING ANDC~RECTION OF~RK~-L~ m )1'3. MISCELLANEOUS PROVISIONS ~ I N D EX Architect's Authority to keiect Work Acceptance of Nonconforming Work 3.5.1, 4.2.6, 12.1.2, 9.6.6, 9.9.3, 12.3 ,~rchitect's Copyright Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1.9.1o.3, 12.3 A:chitect'~ Decisions Accident Prevention 9.8.4, 9.9.1. t3.5.2. 14.2.2, i4.2.4 4.2.3, xo .Architect's Inspections Acts Omissions 3,2, 3.3.2, 3.I2.8, 3.18, 4,z3, 4,3,8, 4.4.1, 8.3.1, 9.5.L Architect's Instructions Addenda Architect's Interpretations Additional Costs, Claims for Architect's Proiect Representative Additional Inspections and Testing .M-chitect's Relationship with Co'h-'actor 9'8'3,12'2'1'13,5 .... L 6' 3,1'3, 3,-'1' 3'-'-' 3'-'3' 3'3,1' 3,4,-' 3,5'i' Additional Time, Claims for 4.4,1, 4.4.7, 5.2, 6.2.2, 7, 8.3.1, 9~_ 4,3.4, 4.3,7, 8.3,2 9.8,9.9,1o.2.6,1o.3,II.3,II.4.7,12,134~-,13.5 Aesthetic Effect Architect's Site Visits ~ ~ '~-' Ail-risk Insurance lO-3-1 : ...... 4,2.5, 7-3.8, 9.2, ~.3, 9.4, 9.5.1, 9-6.3, 9-7.1, 9.8.5, Award of Separate Contract~ Approvals Award of Subcontracts and Other Contract~ Arbitration ~.2 4.1 Bidding Requirements ' -' Architect, Definition of 1.1.1,1.1.7, 4.1.1 Boiler and Machinery. Insurance tM-chit ect,'Limitations of Authority and 7.3.6.4, 9.6.7, 940.3, EL4.9, tL5 Responsibility ~ I ~ ~ 7 A ~ ^ ® Architect's Additional Services and Expenses t.il"- AIA ~lh-t ~01-1~7 ~.4, H.4.1.1, 12.2.1, ~3,5.2, 13.5.3, 14-L4 Certificate of Substantial Completion GENERAL CONDITIONS OF THE CONTRACT FOR Architect's Administration of the Contract 9.8.3, 9.8.4, 9.8.5 Architect's Approvals 4-2.5, 4-~9, 9.3.3- ~.4.9.3, 9.6.1, 9.6.6, Ch~ge O~e~ ~ifion ~ Const~ion Ch~ge Dir~tive, 7-~ CI~m, Derision of .~. ~n~gent C~s ~d T~ A~e~on of C~s '-;-- ?' 4.~.~ CI~ SubJ~ o ~l~Uon: ' and ~e of · ' Contract Sum, Definition ~mmen~mmt of~ W~ De~fion of :-' ~.~ [ ( Damages, Claims for Contractor's Relationship with Separate 3.2.3, 3,~8. 4.3.~o, 6a.t. 8.3.3, 9.5.t, Contractors and Owner's Forces ILLI, 11.4,5, U.4.7, t4'1'3, 14-2'4 Contractor's Representations Decisions of the Architect the Work 9.8.4, 9.9-t, ~3.5-2, x4.2.2, ~.2.4 3.3-2, 3.18, 4-2.3, *3.8, 5.3-1, 6.L3, 6.~ 6.3, 9.5.1,10Decisions to Withhold 9.4,h 9.5 9.7, t4.LL3 ~.5.2, 3.2, 3,7.3 Defective or Nonconforming ~o~ Contractor's Right to Stop the Work Rejeaion and Correction o f Contractor's Right to Terminate the Contract De fective %brk, De finition %: 3.~0, 3,., 3.=,*:.7, 5.:-~, 5.=-3, 7.3.6, ~.~, 9.3, De~iuo,~$ ,~_ lX, 21.~ 3,3'5'1 9.8.2, 9.8.3, 9.9-1, 9'm'2' 9'm'3, ri'L3 n'5'2 Contra~or's Supe~sion md Constm~on - ~, s ~ o ~ t 9 7 t, ~0/~ ll.l.l.S, ILl, ti.3 {.II Copi~ Fu~sh~ of Dinings ~d S~ficafions Dra~g! Effective Date of lnsur~ce 8.2.2, ~-t.2 Emergencies -~..~ - u.2, t3.7.L3 Employees, Confetti.. Equipment, Labor, Cost, De~ition of t.t.3, xa.6, 3.~ ~o 7.3.6 Insurance Companies, Consent to Partial Occupancy ISee Defective or Nonconforming ~brk) Final Completion and Final Payment Imurance Companies, Settlement with 11.4.5.12-3,1, 13-7. ~47--& 14.4-3 Intent of the Contract DocumentS Financial Arrangements, Owner's 1.2.h 4-2.7, 4.!-12. 4.2-13, 7,4 Fire ana Extended Coverage Insurance 13-6 x~-4 - . z..;. ;.:x= 2~.~c.c.c.c.c.c.c.c.c.c~) Interpretation Interpretations, Wrhten Goveming Law - - t1.1 Ioinder and Consolidation of Claims Required latefial$ .*. Judgment on Final Award ideniification'o f ConUact Docu~..~_ ~ ~ Labo , 3.u, 3.13. 3.15-1, Identifieatio~ of $uqJcomractors &nd ~ppl _. 4.1.t l~ 1o.6;:5=:~ ~~F; ~z~=fion on Consoli~Uon or Io~der _ '%'U~e' ~eFs'~ifl~i~" ~ *~M~als, Labor, eqmpmen -- } t~5, n.4 ' ~. 53.1.3. t2-1o. 4.12, *2,7, %.2 OF TH[ CONIRACl FOR ~ St~'M~fials .... .' ]-,'~ Mechanic's Lien CO.SI~UCIIO" .... · /] % of ~it~ts Mediation - u.4-3 4.4. t, 4.4-5, 4-4-6, 4-4-8, '.$, 4.6.1, 4.6.2, 8.3.1, too Owner's Relationship with Subcontractors Minor Cl~ange~ ill the Work I.L2, 5.Z. 5.3, 5-4, 9.6.4. 9aD'-" 14'L2 t. Lt, 3,t.~8, 4-'.8, 4.3-6, 7.1, 1.4 Owner's Right to C~rry Out the Work MISC[LLANEOUS PROVISIONS 2.4, L27-.4, 14.2.27- 1~ Owner's Right to Clean U~p Mo&fications, Definition of ~.3 1.1.l Owner's Right to Perform Construction amd Modifications to the Contract Award Separate ContraO-s 1o.3,z, n.4,x Owner's Right to Stop the Work Mutual Responsibility s.l Owner's Right to Suspend the Work Nonconforming Work, Acceptance of 14.3 ~ 6 6, 9 ~ 3 11.~ - Owner's Right to Terminate the Coi~ ct ~oncon forming Work, Rejection and Correeaon of 14.2 l~.2.h 13-7,1.3 and Othez 2.2.L 2.3, ~4, 3,x.3, 3,~1, 3-7-2, 3.7-4, 3,1-%9, 4-3, partial Occupancy or Llse Patching, Cutting and '-'- Notice, Written 1.14, 6.2.5 Patents Notice to r*roceed ., Notices, permits, Fees and° ,, 9.to.3, 13,7, 14-1.1.3, 14'2'4 payments, progress.. ~oa ri.z, n.4, ~3,5.h 13-5-z, t4.Lt.4- t4,L4 pCB ,, 7 A t A * 127-.!, 12~3,1, 13,~2, 14-3, 14-4 RSONS AND PROP[RYY, PROT[CTION CONDITIONS Owner's Financial Capability ~o ?~odu~ Da~a~ De~mtion of SafeW of Persons and Proper~y ~uct Data and S~ples, Shop Drawings S~ety ~ecaufions and ~ogr~s ~ogress ~d Comp]e~on S~pl~s, Definition of ~ogress ~yments S~ple$, Shop Drawings, ~uct Da~ md Pro~, De~fion of ~e S~ples at ~e Site, D~ents ~d ~ie~ Mamgement ~ Liability Insurance Schedule of V~ues ~ M~u~, ~Uon of the Schedules, Const~ction Project M~uaa .- Sep~ate Contra~s and Contra~on ~zlo :~- ,' Shop Drawings, Deflation of ~- ' - - ~ ~ .Ia~:~'jXt Spec a lnspe~ ohs and Testing , ~b~ty for ~ ~ing the ~k ~e~- ' Su~n~br, Definition of Substitution of Subcontractors Title to Work 9.3.2, 9.3.3 5.2.3, 5.2.4 Substitutions of Materials Ltncovering of Work Sub-subcontractor, Definition of Unforeseen Conditions Subsurface Conditions Unit Prices 4.3-4 Successors and Assign* Use of Documents Supervision and Con*truction Procedures Values, Schedule of 7 1.3, 7'3,6, 8 2, 8.3-1 9.4-1, 10,12, 14 Waiver of C aims by the :Xxch~te _c~2~ Surety 4-4.7, 5.4.1.1, 9.8.5, 9'1°'1, 9'1°'3' Surety, Consent of Surveys 12.2.2.1,13.4.2,14.2.4 Suspension by the Owner for Convenience Waiver of Consequential 14.4 4.1.10,14-2-4 Suspension of the Work 9-1o.2, 9.1o.4 5.*2, Waivers of Subrogation Suspension or T~rmination of the Contract 6aa, 11.4-5,11.4.1 Warranty Termination by the Contractor Weather De ays 4-3.10, 14.1 4.3-7'.2 Termination by the Owner for Cause Work. Definition of Termination of the Architea TERMINATION OR SUSPENSION OF THE CONTRACT Tests a~d Inspections ~_3, 9ao.x, ~o.3.1, n.4-~a, ~1,~, 11.5 t2.2.1, t2.1,4, ~,%. ~o~ n~t Written Orders Time, Delay~ and Extension* of :4-3-! 7.4-1, 7.5-~, Time Limits ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC OEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions). Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (t) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or inv/tation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of Addenda relating to - bidding requirements). ~ · .- . LI.~ :.THE CONTRACT.. . ~,~. The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated, agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either iiwi.tten or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be constraed to create a contractual relationship of any kind (0 betwee~ the Architect and Contractor, (,_) between the Owner and a Subcontractor or Sub-subcontractor,.(3) be~(~een the Owner and Architect or (4) between any - persons or entities other than the O~n~ and C. Ontracton The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate perfo/mance of the Architect's duties.~ '['}le term o~k,llle~ns the-OOll.S{~lCllOll ~ selxqces reqmred by the Contract Documents, whether completed or partially, completed, and includes all other labor, materials, equipment and servxces provided or to be provided bo the Cofitractor to fulfill the Contractor's obligations. The Work may conStiiute the whole o~ ~ i:~ati'of l-h~ ~r o~ect. 1.1.4 THE PROJECT --. : ~ ~;.c.~' ' The Pmiect is th~ total construction of.which the ~brk performed under the Contract -' Documents may.be the whole or a pa~t -arid which may include construct on by the Owner or by .-The Drawings are the gmphi~ ~ pictorial portions of the Contract Documents showing the .~. design{, location and dime's'ions of the Work, generally including plans, elevations, seaions, details, schedules and.diagrams.: ,4,- ::- r,, '. ~ :,-' - ':-> :.,C The Specificauons ~ {ha[ portion of the ~-DOoiments consisting of the written require- - 5~,ments for matenals~equlpl~ent, syst~ns, ~stal~dsimd workmanship for the Work, and perfor- mance of related services. .... ~-' -" ~-~' _' -:::fro. . 1.1.7 THE PROJECT MANUAL ...... The Project ,Manuid is a volume as.'--'~nhh.~dcfor the Work which may include the bidding ©~* 2 ^~^ ® requirements, sample forms, Conditions'ol/th~ ~x~ntract and Specifications. - 1.2.1 ~- The intent of the Contract:Dochments is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are of Architects .... ~ - ' -~:~.~ ---~v . 173S New York Avenue, comp ementarv, and what s required by one shall be as binding as f requLed by all: performance by the Contractor shall be required only to the extent consistent with the Contract Documents a~d reasonably inferable from them as being necessary, to produce the indicated resu}ts. 1.1.:' Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.~ Unless otherwise stated in the Contract Documents, words which have. well-k~own:::5,. technical or construction industry meanings are used in the Contract Documents in accordance:: with such recognized meanings. t.~ O, PITAUZ~TmN 13.1 Terms capitalized in these General Conditions include those which are 0) spec fically defined,/2) the titles of numbered articles and dentified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the Amefi?n Institute of Architects. ~ ~'~' ~'' 1.4.1 in the interest of brevity the Contract Documents frequentl) as "all" and 'any" and articles such as "the" and "an," but the fact that absent from one statement and appears in another is not intended to: 1.S EXECUTT~N OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be signed by the Owner and Contr:~ct~ Owner or Contractor or both da not sign all the such unsigned Documents upon request. 1.5.2 Execution of the Contract by the Contractor is a representation that the:Cont~'a~:Jb~s cisited the site, become generally familiar with local conditions under which the Work performed and correlated personal obser,'ations with requirements of the Contract I OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND 1.$.1 The Drawings, Specifications and other documents, including tho~ in prepared by the Architect and the Architect consultants are Instruments of SerVice Work to be executed by the Contractor is describe&The Contractor may . ~chi:r~ tshe~. Neither the Contractor nor any Subcontractor Subrsubcontractor or matefi..a~.or.d~.~ ' ment su [ er shal own or claim a copvfight in the Drawing's, Specifications an~=~ll-~ equip PP ..... ~,~h;~ect or th~ Architect's consultants, and unless oth~. ;ndlca~ed the Architect and the Architect's consuttants snan De ueemwq u?~ 9?' ....... 77' - · rv and other reserved fights, in jiddltiOn to the copies of Instruments of Service, except the Contractor s recorc~ seti.sna~ ~e returmeu u, ~,~.;._ :~,..~? accounted for to the Architect, on request, upon completion of the Work. The' Drawva~s~ Specifications and other documents prepared by the &rchitect and the ,~chitect's consultants, God ~ a:~ ~ copies thereof furnished to the Contractor, are for use solely with respect to this Pro}ecl. They.are {}1~7 AIA~ not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or ui ment supplier on other pro ects or for additions to this Project outside the scope of the.Work .MA DOCUMENT mOl-lgg7 eq p .......... ,~.,-hitect and the Architect's consulta~t.%.?h, ef GENERAL CONDITIONS ¥.'it~OUt the spec:tic written consent or me uwuc. ,~;, . - --- authorized to use and reproduce applicable portions of the Drawings, Specification~ ancl~O, her The American Institute docaments prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Vvbrk under the Contract Documents. Ail copies made under this authorization shall bear the statutory, copyright notice, it' any, shown on the Drawings, Specifications and other documents prepared by the .&'chitect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architecfs consultants' copyrights or other reserved rights. ARTICLE 2 OWNER 2.1 GENERAL 2.1.1 The Owner is the person or entity identified as such in the Agreement and is refe=ed to · rou~out ~e ~n~ct D~uments ~fing a mp~'e who shall have express authority to bind ~e ~'ner wi~ ~spe~ to a~ matters requiring the ~ner's approval or autho~afion. ~cept Su~ph ~2a the ~chjtect d~t have such au~odty. The te~ "~ner" me~s ~e ~er ~ ~e ~er's authored reparative. .23.2 ~e ~r shall ~h to ~tra~or ~t~ fifteen days after receipt of a ~tten _ requ~t, ~fo~afion nec~ an~t for the Con.actor to ev~uate, g ye notice of or . enfome mech~c s hen 1~ ttfle to ~e pmpe~y on whi~ 2.2 : INFORMATION AND 2.2.1 -' ~e ~ ~ at ~e ~tten~bf the Contractor prior to commencement of ~e Wo~ ~d ther~er, have ~n ma~ to ~fi~ ~e ~s ~ under Contract. Fumis~ng sh~ ~ a con~on p~ent to ~mm~ment or contlnuabon of the Work. After such ~den~ h~ ~n ~ish~. the ~er ~cto~ M~odt p~or no~ce to the .... .~;nve 2.2,2 [lc~t for ~ ~d fe~m~u~ ~ose reqmred under Subp~agraph 3.7.1 which ~e · e re~ons~b~ty of ~e ~nt~nn~ pay f6r nec~p~ e~en nts ~d ch~es required for construction, use or ~p~ of ~ent s~ct~ pr 223 The ~%~s~bing physical ch~actefistics legal limitations ~d u~ty l~t~om for the sxt~of~e ~l~d a le~ptmn of the s~te. The Contractor sha~ ~ en~fl~ to rely on ~e ac~m~ of info~a~ pm~ precauhons ~la~g to ~e ~e Eerfo~ 2.2.4 Infomation .- ~ ~e Con=~o~s ~er afl= ~e~ ~om ~ontra~or of ~[~uest for such xn fomatlon or semces. 2.2~ ~le~ oth~se prodded ~ ~e ~ D~uments, ~e Contractor will ~ ~m~sh~ ~ee of ch~e, su~ copies of Ora~~ct M~uals e~cution ~f ~e ~rk. ~ .! O~R~ RIGHT ~6 ~RK ' 23.1 ~j If the ~n~actor ~a~ ~ ~ Work which is not in acco~ance Mth the requi~menB ~f th~ Contract D~uments accordance with the Contract Documents. the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO C~RRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry, out the ~brk in accordance with the Contract Documents and fails w th n a seven-day period after receipt of written notice from the': Owner to commence and continue correction of such defau t or neg ect w~th diligence and - promptness, the Owner may after such seven-day period g~ve the Contractor a second written notice to correct such deficiencies w/th n a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be ~ed dedu~cfing from pa,,,,-ments then or thereafter due the Contractor the reasonable cost of c0rrecting~ch defic~encies,~ncludingO~mer'sexpensesandcompensat'on for the Arch'tect's additional se'rvi~es.. , amounts made necessary by such default, neglect or failure. Such action bv the ~e3 a~d charged to the Contractor axe both sub ea to prior approval of the Archatect. If payme, nts thereafter due the Contractor are not sufficient to cover such amounts, the Contractor. shl2J~ pay:- the d fference to the Owner. ~'~ h - ?'.. ARTICLE3 CONTRACTOR ~ 33.1 The Contractor is the person or entity identified as such in the Agreement and ii'referred to throughout the Contract Documents as if singulas in number. The ~te~n_. ~C_~,gg, .a~.p~r" means the Contractor or the Contractor's authorized representative. "~;~". ~, ~:'~5 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents., '; ~.L3 The Contractor shall not be retieved of obligations to perform the Work in with the Contract Documents ether by activities or duties of the Architect administration of the Contract. or by tests inspections or approvals req~ persons other than the Contractor. ':~.~ ' <.';_W~:-, ~ 2 S nce the Contract Documents are complementary before startin Work, the Contractor shall c~e fully study and compare the various Drawing., Documents relative to that port on of the Work, as well as th~hfff'r~ation Owner pursuant to Subparagraph 2.2.3, shall take field measurements of any ex~stmg cond!ttqn:?~,3,_-~ related to that portion of the Work and shall obse~'e any conditions a} t~? sit{ affecting obit at ons are for the u use of facilitating construction by th% .C~o..~fit/'~'tor and are riot for vur~ose of discovering errors, omissions or ~ncons~stenc~es,~m~?ie~,Contract Doc~.~ ho,,e,'er, any errors, co.,i,tencies or omissions discovered by nmmr *. o promptly to the Architect as a request for nformation in such form as the Architect 'may require. ~ 3 2 2 Any design errors or omiss ons no{ed by the Contractor du~ this re~e~ shall be o ~ ~ ~ ~ ^ ~ ^ ® reported promptly to the ArcNtect, but ~t ~s recogmzed that the Contractor s rewew ~s made ~n th AIA DOCUMENT A~O1-1997 '* ' "'~- GENERAL CONDITIONS ' . . '- s ecificallv rovided in the Contract Documents. The Contractor ~s not reqmred to asce~. CONSTRUCTION the Contract Documents are in accordance w~th applicable laws, statutes, The American Institute codes, and roles and regulations, but any nonconformity discovered by or madeS~m~w~'~6'~the of Architects Contractor shall be reported promptly to the Architect. .t.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2. i and 3,2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.z.2, the Contractor shall pay such costs and damages to the Owner as would ha~e been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES .1.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and 'attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences _and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, technique*, sequences or procedures, the Contractor shall evaluate the iob~ite safety thereof and, except as stated below shall be bally and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, metheds, t~chniques, sequences or procedures may not be safe, the Contractor shall give timely written not/ce to the C~,'ner and Architect and shall not proceed with that portion of the Work without further 'vrdtten instructions from the Architect. If the Contractor is then instructed ~o proceed with the required means, methods, techniques, sequences or procedures without acceptznce of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or d~age. ~.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Con- tractor's employee*, Subcontractors and their agent~ and emplovees and other persons or entit es performing porti6ns of the Work for or on behalf of the Contractor or any, of its Subcontractors 3.3.3 The Contractor shall be responsible for inspection of portions of ~,brk already performed to determine that such portions are in proper condition to receive subsequent Wbrk. 3.4 LABOR AND MATERIALS . 3,4.1 Unless otherwise pro~,4ded in the Contract Documents, the Contractor shall provide and pay for l~bor, materials, equipment, tools, construction equipment and machinery,, water, heat, utilities, transportation, and other facilities and service* necessary, for proper execution and completion of the Work, whether temporary, or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor m~y make substitutions only with the consent of the Owner, after evaluation by the A.mhitect and in accordance with a CAm.age Order. 5.43 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 emplofment of unfit persons or persons not skilled in tasks assigned to them. furnished trader the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, tiiat the Work will be free from defects not inherent in the quality required or permitted, and that the Work will con form to the requirements~ Documents. Work not conforming to these mquiremems, including substitutions not properIy approved and authorized, may be considered defective. The Contractor's warrant?, excludes remedy for damage or defect caused by abuse, modifications not executed bv the Contractor improper or insufficient maintenance, improper o~eration, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall himish satisfactory, evidence as to the k nd and quality of materials and equipment. 3 61 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor which are legally enacted when b~ds are rece~ 'ed or negotlaUons concluded,~:-~ whether or not yet effective or merely scheduled to go into effect. 3.7 P£RMITS, FEES AND NOTICES 3.7.1 Dnless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permit~ and governmental fees, licenses and inspect~o~ ns necessary for proper execution and completion of the Work which are customarily~seCUred'~.er, :'~ execution of the Contract and which are legally required when bids are receiv&l or negoUatxons 3.7.2 The Contractor shall comply with and give notices required by lz~y~.,, regulations and lawful orders of public authorities applicable to performance:of ~e Work. 3.?.3 It is not the Contractor's responsibility to ascertain that the Contra~ are~ therewith, the Contractor shall promptly, notz~/ the. Architect. .and -::~ne~ m wmmg,:~. ~ necessary changes sha 1 be accomp shed bv appropriate Mod ficat~on. :"7- : ~.7.4 If the Contractor performs %ork knowing ~t to be contrary to aw~ slalule~ building codes, and rules and regulations without such notice to the Archi~'t ~d Contractor shai] assume appropriate responsibility for such \'~'ork and shall bear the cost~ attributable to correction, z 3.8 ALLOWANCES 3.~.1 The Contractor shall include in the Contract Sum all allowances Documents. Items covered by allowances shall be supplied for such amounts.and l: or entities as the Owner may direct or entities to whom the Contractor has reasonable objection. :!~'~: '~ ~.~.~ Unless otherwise pro~4ded in the Contract Documents: a ailowances shall cover the cost to the Contractor of materials and at the site and all required taxes, less app icab e trade discounts;. - .1 Contractor's costs for unloading and handling at ~6 ~t%!~abor, installation overhead, profit and other expenses contemplated for ~.ated allowance * a be included in the Contract Sum but not in the allowance; ~ ' .~ whenever costs are more than or less tkan allowances, the Contract Sum shall be adjusted accordingly by Change Order, The amount of the Chahge Otfler shall refl~ect 0) the difference between actual costs and the allowances under Clause 3.8.z~ and (2) changes in Contractor's costs under Clause 3.8.2.~ "" "~'~? 3.6.3 Materials and equipment under an allowance shall be selected bv the Owne~ in mfficie~f time to avoid delay in the Work. -- :~ 3.9 SUPERINTENDENT 3.9.1 Thc Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S.CONSTRUCTION SCHEDULES 330.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner s and Architect ~ reformat on a Contractor s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the condit oas of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the V, brk._ 3.10.2 .:The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals 3.10.a ~The Contractor .shall perform.the _Work in general accordance with the most recent schedules subn'qtted t~the Owner and Architect. 3.11, ,. DOCUMENTS AND SAMPLES AT THE Slll~ 3.11.1 : The. Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to reco~ field changes and se.[ecti~ns made during construction and one record copy of . approved Shop Dr. awings, Product Data :$ampl~ ~nd s m ar requ red subm tta s These shall be available lo the A/chi{cci and shall be cleliver, ed ~o the .~'ch tect for subm tta to the Owner upon pleti ' -' ' corn on of the Work. - '--~- .~,~ =5~r~- 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, SChedules and other data specially prepared for the ~brk by the Contractor or a SubcontraCtor, Sub-subcontractor, manufacturer, supplier or . distributor to illustrate some port on of the )6tork 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochUreS grams d by : , dia and othex information furnishe the Contractor to illustrate materials or equipment for some portion Of the Work. -.. ,:7.-. ~- 3.12.3 Samples are pi'ffsical examples which illustrate:materials, equipment or workmansh p and establish standards by which the Work will be judged. :::3.12.4 Shop Drawings,- Product Data, ,~na.ples and'zaimlar submittals are not Contract ~,~,~ Documents. The purpose of their submittal islto demonstrate for those portions of the Work for which submittals'are iequired by the Contract Documents the way bv which the Contractor proposes to conform to the information~giv, e.n.~nd the des gn concept expressed in the Contract Documents. Review by the Architect. is.'$ubjec~ to the limitations of Subparagraph 4.2.7. , ' Informational submittals upon which the Archite~fl is not expected to take responsive action may e * a ~ ~ ^: ^ ® be $o identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. GENtRAL CONDITIONS 3.~.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by The American Institute the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or o£ separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 1.12.$ 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 ha~ checked ~nated the xnformation contained within such submittals with the requirements of the ' and coord Work and of the Contract Documents. 1.12,? The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor'iliall not be relieved of responsibility for deviations from requirements of the Contract Docum~its by Contractor has spec fically informed the Architect in writing of such de~Sation at the tlm~o}' submittal and O) the Architect has given written approval to the specific de~Satlon lis a minor change in the \%rk, or (2) a Change Order or Construction Change Directive has N/en is~&l:.:. authorizing the deviation. The Contractor shall not be relieved of responsibility for errors 6r-~ omissions in Shop Drawings, Product Data Sam es or similar subm ttal~ by the ;Mr. hitects> approval thereofi ~:L-'-. ~ -. ~'~5~%-~ 3.12.9 The Contractor shall direct specific attention, in writing or.on':resubmitted'*Sh_bp ra,sqn s ProduCt Data Samp esors miarsubm ttals, t°rev si°ns°thefthanth°s~r~tUesle~b? D g ....... ~ ', - the Architect on previous submittals. In the absence of such written noOce the Archxtects approval of a resubmission shall not apply to such revisions. 3.12.1o The Contractor shall not be required to provide professional services ~hich: constitute the practice of architecture or engineering unless such serv/ces are specifically requtied bv the Contract Documents for a portion of the Wor,k or unless the Contractor needs to provide such ser,4ces in order to carry, out the Contractors respons~bfimes for construchor~ m ..e~..4~:;:, thods techni ues secuences and procedures. The Contractor shall not be required to ' es in vio at on of anvlicabl~ law. If profesmonal destgn sernces or cerhffcat~o ContractOr ~v the Contract Documents, the Owner and the Architect will specify alt performance and design criteria that such services must satisfy, The Contractor shall cause such ser~Sces.or~. certifications to be provided bv a properly licensed design professional, whose signature'ah~ ~ ' sha I appear on all drawings, calcu at ons specifications, certifications. Shop Drawings arid b~er submittals prepared bv such professional. Shop Drawings and other submittals related . . - . - h.~ ~- ~ ? Work designed or certified by such professmnal, ff prepared by others, shall bear professional's written approval when subm,tted to the Architect. Tbe..Owner and~ ~e shall be entitled to rely upon the adequaot, accuracy and completeness o~ tne set.rices, certifications or approvals performed by, such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such serv~es must satisfy. Pursuant to this Subparagraph 3.~m, the Architect will review, approve or take other appropriate action on subm ttals only for the limited purpose of checking for conformance with information gb'en and the design concept expressed in the Contract Documents The Contra~or shall not be responsible for the adequacy of the performance or design criteria required by the 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCNING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other~se such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner end ' of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonabfy withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall rem°ve fxom and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery, end surplus materials. :LIs.:' If the Contractor fails to clean up ag provided in the Contract Documents, the Owner may do so and the cost thereof shall be cl',arged to the Contractor. 3.1E ACCESS TO WORK =)'~? .3 .:~- 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. " 3.17 ROYALTIES. PATENTS AND COPYRII~HTS 3.17.1 The Contractor shall pay all royalties end license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process br product of a particular manufacturer or manufacturers is required by the Contract Documents or where the co ,pyright violations are contained in Drawings, Specification~ or'other documenB p~p~'ed by the ,Owner or Architect. However, if the Contractor has reason to believe that the r~quired design;process or product is an infringement of a copyright or a paten(~ the Contractor shall b~'~sponsible for such loss unless such information is promptly furnished to the Architect. :~-' 3.15.1 To the fullest extent permitted by taw and ~,4.he ex:ent claims, damages, losses or expenses are not covered by'Project Management Protective Liab lity insurance purchased by the Contractor in accordafice with Paragraph n.3, th~ Contractor shall indemnify and hold harmless the Owner, .san:hitect; Architect's consultents, and agents and emp oyees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting fi'om performance ~f the Wo~, provided that such claim, damage, loss or © ~ ~ ~ ~ ^ ~ ^ ® expense is attributable to bodily injurv,'~idmess, disease or death, or to injury, to or destruction of ta~ ~O~ME~[ &201-1~7 tang b e property (other than the Work itself), but only to the extent caused by the negligent acts OF TH E CONTRACT FOR or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them cousxaucrmt~ or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be rh~ American Institute construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.~8. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Subparagraph 3nBa shall not be limited by a limitation on amount or type of damages, compensation or benefits pavane by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfuLly practicing architecture identified as such in the Agreement end is referred to throughout_ the Contract Documents as if singular in number. The term ~Architect" means the Amhitect Architect s authonzed representat e. 4.1.2 Duties, responsibilities and limitations of authority, of the Architect as set £orth'Sn Contract Documents shaLl not be restricted, modified or extended without written cofisentof the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. ~..1.3 If the employment of the Architect is term hated, the Owner shall employ a ne~,'Arc~tect against whom the Contractor has no reasonable objection and whose status under thi ContraCt Documents shall be that of the former Architect. ~:.~' ~ ~,:',, 4.1 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect w/Ll pro~Sde administration of the Contract as described in the Confi'act. Documents, and will be an Owner's representative (t) during construction, (2) until final payment is due and (3) ~4th the Owner's concurrence, from time to time during the one-year period for correction of V, brk described in Paragraph 12.2. The Architect v,4Ll have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherw~, modified in wr tng n accordance with other provisions of the Contract. ~ :'~'- 4 2 2 The Architect as a representative of the Owner, will visit the site at intervals appropriate. to the stage of the Contractor's operauons (~) to become generally famflxar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, endeavor to guard the Owner against defects end deficiendes in the Work, and (3) to determine m general if the Work is being performed in a manner indicating that the Work. when fully completed, will be in accordance with the Contract Documents. Hmyever, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the ~brk. The Architect will nmther have control over or charge of, nor ~/W responsible_ for the construction means methods techniques, sequences., or procedures, or for. thg safety' precautions and programs m conneCtion w~th the Work,'smce these are sol~ly ~e ~ a Contractor's rights and responsibilities under the Contract Documents, except as pro,areal m o ~ ~ Subparagraph 3.3a. © 1 * ~ ~' ^ ~ A ~ 4.2.3 The Architect will not be responsible for the Contractor's failure :to perform the Work in AIA DOCIJMENT A201-1997 accordance with the requirements of the Contract Documents. The Architect will no~ have GENERAL CONOiTIONS control over or charge of and will not be responsible for acts or omissions of the Contractor, 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out o£ or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payrnent, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 42.6 The Architect will have authority to reiect Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to requtre inspection or testing of the ~brk in accordance with Subparagraphs 13-5.2 and U.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall gtve rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but onN for the limited purpose of che~?.king fox: conformance with information given and the design concept expressed in the Contract D~cumen~.Thefirchitect's action will be taken with such reasonable promptness as to cad,se- no delay in the Work or in the activities of the Owner, Contractor or separate contractors,Twhile allowing sufflcientfirne in the Architect's professional judgment to permit adequate' re'vie~,. Review of such submittals is not conducted for the purpose of determining the accuracy'~nd compl~eoe~'of 0thor details such as dimensions and quantities, or ~or substan~afing instructions·for installation or performance of equipment or systems, aI of which remain the 13esponsibllity o~ the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs.3.3, 3-5 and 3a2. The Architect's review shall not constitute approval of safety precautions o~. unless otherwise, specifically'stated by the Architect, of any construction means, methods, techniques, sequences br procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component 4.2.8 The .~-chitect will prel~e'C, hange Orders and Construction Change Directives, and may authorize minor changes in the Work as provid~:i in p. aragraph 7.4- 4.2.~ The Architect will conduct'inspections to determine the date or dates of Substantial Completion and the date of final completion,'wlll receive and forward to the Owner, for the '"' Owner's review and ;~,a~:L~ written warranfies~nd rela~d documents required by the Contract and assembled by ~e Contractor, and will issue a final C~rtificate for Payment upon compliance with the requirements of the Contract Documents. ' 4.2.}0 If the Owner and Architect agree, Oae:Architect will provide one or more project ' ' representatives to a.~lst in caxr,/ing out the'Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in GENERAL CONDITIONS an exhibit to be incorporated in the Contract Documents. OF TH[ CONTRACT FOR 4.2.11 The Architect will interpre~ and decide matters concerning performance under, and requirements of. the Contract Documents on written request of either the Owner or Contractor. of Architect~ 1735 New York Avenue. N.W. The Architect's response to such requests will be made in writing within any time limt~s agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4-2, then delay shall not be recognized on account of failure by the Architect to furn sh such interpretations until ~5 days after written request s made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.B The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 43.1 Definition. A Claim is a demand or assertion by one of the partias seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time'o~ other relief vcith respect to the terms of the Contract. The term "Claim" also includes:otlief. disputes and matters in question between the Owner and Contractor arising out of the Contract. Claims must be initiated by written notice. The responsibility to Substanti:ii~ clalm~ :. shall rest with the party making the Claim. ::~.,. z.. 43.2 Time Lin'flU on Clalrn~ Claims by either party must be initiated within 21 occurrence of the event giving rise to such Claim or within 2~ days after the-~ . recognizes the ~ondition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Architect and the other party. ?~:~,. --: 433 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Subparagraph 9.7.1 and Article ~4, the Contra/:tor hall p d dflig fly wi h p 43.4 Claims for Concealed or Unknown Conditions. If conditions are enCOUntered at the site which are (0 subsurface or othervnse concealed physical condmons wfuch d~ff~ materially?omit those indicated in the Contract Documents or (a) unknown physical conditigm of .~:t~mSsual'; nature, which differ materially from those ordinarily found to~xist.and generally mC°gni~.i~, as ~-. inherent in construction activities of the character provided for in the Contract Documen~ then..' not ce by the observ ng party shall be g yen to the other party promptly before cond tons are. - d sturbedand nnoevent ater than zt days after firstobservanceofthecondmons. The Architect will promptly investigate such conditions and, if they differ materially and cause an mcrea~o~ -- decrease ~n the Contractors cost of, or ume reqmred for, performance of any part of the Work, vdll recommend an equitable ad ustment in the Contract Sum or Contact Time, or both. If tl/~.~?~ Architect determines that the cond~Uons at the s~te are not materially different from indicated in the Contract Documents and that no change in the terms of the Contract is iustifi~, -' the Architect shall so notify the C~'ner and Contractor in writing, stating the reasons Claims by either party in opposition to such determination must be made within 21 days af~' the Architect has given notice of the decision, tf the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor Paragraph 4.4. '~:-~ ' 4.3.5 Claims for Additional Cost. If the Contractor w/shes to make Claim for an increase in the Contract Sum, written notice a~ provided herein shall be given before proceeding to execute the \~,brk. Prior notice is not required for Claims relating to an emergentT endangering life or property arising under Paragraph lo,6. 4.5.s If the Contractor believes additional cost is involved for reasons including but not limited to tl) a written interpretation fi.om the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the %brk issued by. the Architect; (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's'=~/spension or (7) other reasonable grounds, Claim shall be filed in accordance with this paragraph 4.3. .4.3.7 CLAIMS FOR ADDITIONAL TIME 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written hotice ~ pmvid~t herein sh~l be give~"~he Contractor's Claim shall include an estimate of cost and 0f Probable. effect of delay on progfl.,as.?0 f the Work, in the case of a continuing delay only one Claim is necessary'. ~'~ = . .3.7.2 If adverse Weather.conditions .are. the basis for a Claim for additional time, such Claim 'i~hall be docfii~_ehted by':'~l~ub~'~i'ing that weather conditions were abnorrna for the pe of txme, could not have ~ reasonably anuc~pated and had an adverse effect on the :: 4.3.8 Inlury or DaTmage to Perle or Prrperty. If either party to the Contract suffers injury' or damage to l'~rsonf6r property l~ause of an~a~:t or omission of the other partv, or of others for whose acts such ~,~s legally respomibl~-~ttan notice of such in ury or damage whether or not lnsu~d, shall~ g~ven to the othe: p~ wffifin a reasonab e t me not exceed ng discover/'. The nohce shh'll pmvic~suffic~ent &-flail to enable the other party to investigate the matter. - -.::'.:' ::-,~-:' ,;::~v.~/ ~;?~F' 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally'contemplated at~:materiailv changed in a proposed Change Order or Con~tmction Chang~: Directive so that application of such unit prices to quantities of Work prolx~se4 will caU~:.s~b~tantia[i~q~?'{o't~ Owner or Contractor, the applicable un t prices !shall b~'~xluitabl~-a.dju~ted~?) .~:. ~:5 ~?~b' 4.3.10 C!aimx fo~:Corm~luential Dama~F-~The Contractor and Owner waive Claims against each Other roi' c~nSeqUentia~'~age~"ai~ng out of. or'relating to th s Contract This mutual waiver indudes: --' ~?'3 ': ' .I damages in~ by the Owner for rental expenses, for losses of use, income, profit, ~. financing,-bu~in~-nd 'relS~tation:'ahd' for loss of management or employee ': productivity or 6fth~c(s of~uch persons and compensa~q/~I~*sonnel stattonht there, for losses of financing, business and repu- ration, ~nd fo~ ~ of profit excel~t~t~d profit arising directly fi.om the Work. This mutual waiver is applicable, without limitation, to ali consequential damages due to either '~ a party s terminat~on m accontance vat&~!..~.-~14'~ _. -.,~..N°thing contained, in th~s Subparagraph 4.3. o shall be deemed tq preclu~ an ~~ated du'ect damages, when applicable, in ©,~, ^t^® accordance with the iequirements of th~:Co~tffa~ocuments. 4.4.1 Decision of Architect?Claim~-including_ those alleging an error or omi~ion by the CO~ST~UCnO~ Amhit~ct but excluding those:~g'under Paragraphs 1o.3 through m.5, shall be referred rhe .a, merkan Institute initially to the Architect for decision, An initiaI decision by the Architect shall be required as a of Atchltects 1.~'~'~.-~,.~:~:: .=i .=' .~ <~.: Washlng~on, D.C. condition precedent to mediation, arbitration or litigation of all Claims oetween the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect v~4.11 not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Architect will review Claims and w th n ten days of the receipt of the Claim take one or more of the following actions: (t) request additional supporting data from the claimant or a response w th supporting data from the other party, (2 reject the Claim in whole or in part, (3) approve the C mm, (4) suggest a compromise or (5 advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole disc ret ion, it would inappropriate for the Architect to resolve the Claim. 4.4.] In evaluating Claims, the Architect may, but shall not be obligated to, cons~t with or ~eek information from either party or from persons with special knowledge or expertise whq~ay assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. ' :-~ ~ 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish addit~ori~l support ng data, such party shall respond within ten days after recei either provide a response on the requested supporting data, advise response or supporting data will be furnished or advise th be furnished. Upon receipt of the response or supporting data, if any, the ,~ reject or approve the Claim in whole or in part. 4.4.S The Architect will approve or reject Claims by written decision, sons therefor and which shall notify the parties of any change in the . ,~ Time or both. The approval or rejection of a Claim by the Architect shall b the parties but subject to mediation and arbitration. ";" ' ~' ~ 4.4.6 When a written decision of the Architect states that (~) the decisi&i i, mediation and arbitration and (2) a demand for arbitration of a Claim c~ed ?, must be made within 30 da s after the date on which the party making th~'demaocl receNes ~. final written decis on then failure to demand arbitration within sa d 30 days[period shall in the Architect's decis on becom n~ final and binding upon the Owner and Contractor. If th Architect renders a decision after arbitration proceedings have been ~rauated, sy, ch be entered as evadence, but shall not supersede arb,tration ~gs unless the dei:is!0.n.,!s acceptable to all parties concerned. ::~;!~' ~'~ : 4.4.7 Upon receipt of a Claim against the Contractor or at any tim~ thereafter, the Archit~ci. Or the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the C aim If the C aim re ares to a poss bility of a Contractor's defa~.e~tect or the ~o may, but is not obbgated to, not fy the surety and request the su~'_ ~s, ~ ~.. ~ in resolving_ ~ ~ ~, 4.4.8 If a Claim relates to or is the subject of a me,.hanic's lien, the party asserting such Claim ~ ~ may proceed in accordance with applicable Dw to comply with the lien notice or filing deadlini~s ©~; ^~^® prior to resolution of the Claim by the Architect, by mediation or by arbitration- CONSTRUCTION 4.S.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic. The American Inslitul. effect and except those waived as provided for in Subparagraphs 4.3ao, 9.1o.4 and 9ao.5 shall, after of A~hitects initial decision by the Architect or 30 days after submission of the Claim to the Architect, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings bv either party 4.s.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherw se, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shah proceed in advance of arbitration or legal or equitable proceedings, which shaft be stayed pending mediation for a period of 60 davs from the date of filing, unless staved for a longer period by agreement of the parties or court or'Jer. ' 4.s.3 -The parties'ih'all share the mediator's ,tee and any filing fees equally· The mediation shall be held in the ?lacS'where the Proiect is located, unless another location is mutually agreed upon. Agffemen~ reached in mediation shaft-be enforceable as settlement agreements in any court having jurisdiction thereof. 4.$.1 Any Chim'arising'oih'of or ~t~ to the Contract, except Claims relating to aesthetic effect and except those wagi4:l ii prd~id~foUm Subparagraphs 4.3,m, 9.m.4 and 9.m.5, shall, after dects~on by the Architect or 3o days after sulSrmssmn of the Clmm to the Architect, be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes bv mediation in accordance with the ~.~{i~ns · ' ' - 4.6.2 :-'-Claims no~ b~ ;m"'~tauon'~ be deoded by arNtraUon which, unless the pai'ties _ mutually agree othev~se, shall be m a~/~a, nce w~th the Construction Industry Arbitration oUules of the Am ~El~:~,~ca~ Arb}trat,ox3~!l~ol~oarrenfly ,n effect. The demand for arbitration ''_'~hkll be filed in ~wri~tin,g,~,v~i~'-{hte_.~.~ ~..~-~1_ e Contract and ',*5th the .Mnerican Arbitration '-Aa,iociation, arid a cop,7 }l~ll b~ fil~d ivith~ie-fl~.:chitect. 4.6.t A demand for arbitratiou shall b~'hiade within the time limits specified in Subparagraphs 4-4-6 and 4.6.s as applicable, and in othar cases within a reasonab e time after the Claim has arisen, and in no event shall i~b4 made-aFtei' the~'te%-hen institution of legal or equitable proceedings based on such Cla/rfi'iebfild be barfed b~i~ applicable statute of limitations as determined pursuant to Paragmph's~.7.':' ~-'::~ ' i.$.4 Limitation'~n'Cofisolidatidn'%~'~lofil;der, No arbitration arising out of or relating to the ~ by ..... ' T ! 'any ot Contract shall include, comblidatioii o oindefBfi~, her manner, the Architect, the Architects employees qr cgn?41tants except bv written consent conta n ng specific reference to the Agreement and s~gn&] by the Architect, Owneff Contractor and any other person or entity ' sought to be joined. ' .... ' ' "' '-' · No iibltration ihal mb. lude. by consolidation or joinder or in any other _ 7.~...marmer pames oth~.._'~ ~ the Chimer, Contractoffa'separate contractor as described n Art c e 6 ~:- i/nd other persons ~thlly mvo ved in a ~oo~'~estion of fact or law whose ~resenee i~ r = reqmred tf complete ~r~lj~'~ ~s to be accortTed in"~'t~tton. No person or enUtv other than the Owner. Contractor or ~ separate contractor as'described in Article 6 shall be included as an original third part~ fir additional third ~C~to an arb tration whose interest or responsibility is insubstantial. ' ' " ..... ' "* "~ · ' Consent to arb~trauon mvoh~ an ~ddit~onal person or enuty shall not constitute consent to arbitration of a Claim not describefftherein or with a person or entity not named or o additional Person or entity duly~c~hsented to by parties to the Agreement shall be specifically ~£N~a^t COND[?ION$ enforc.e, able under applic~ible-~Tfi khy court having urisdiction thereof. CONSTRUCTION 4.8.5 Claims and Timely Assertion of Claims. The party filing a notice or' demand for arbitration must assert in the demand all C a ms then known to that party on which arbitration is permitted to be demanded. 4.$.& Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE S SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or ent tv who has a direct contract with the Contractor to · · , perform a portion of the Work at the site. The term 'Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term 'Subcontractor" does not inclu&~5~:, a sep~ate contractor or subcontractors of a separate contractor. ~,,.~ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indiredl~cgntract With~a Subcontractor to perform a portion of the ~brk at the site. The referred to throughout the Contract Documents as if singular in numb~:an4r~ Sub-subcontractor or an authorized representative of the Sub-subcontractor=~., i. t,~ s.1 ^w^eo o~ SUaCOIqTRAC?$ ^iqO OT,[R CO.T~¢T$ FO~ PORYIONS OF 5.2.1 Unless otherwise stated in the Contract Documents or the bidding ~ Owner thmugfi the Architect the names of persons or entities materials or equipment fabricated to a special design) Work. The Architect will promptly reply to the Contractor in wfitin .~., Owner or the Architect. after due nvestigation, has reasonable ob Owner or Arch tect to reply promptly shall conslittrte notice 0f n6 person or entity., Failure of the reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entit!~ i~ whom the'0)?n~ or Architect has made reasonable and timely objection. The Contractor sha~. n-~;be ' ' S.2,3 If the Owner or Architect has reasonable objection to a Contractor, the Contractor shall propose another to whorn'(th-~ Owner or reasonable objection. If the proposed but rejected Subcontractor ~r~ reasonabt performing the Work, the Contract Sum and Contract Time shall difference, if any, occasioned by such change, and an appropriate C~.'~g~ Order ~h nt of the substitute Subcontractors' Work. However,-no 'mcreat~..m,'~">' before commenceme - - ~:-. . :' ^.~a Contract Sum or Contract T me shall be allowed for such change....u~n~. _~s~.e.== .; , ~ C~mractor nas ~..~_~.~? ~o promptly and responsively in submitt ng names as required. %5/c-~:6 = .:-: -- ,a o s.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the ~ Owner or Architect makes reasonable objection to such substitute. ; ......... . -.:;, ~i~z,^l. co,ol'rlo~s s3.1 By, appropriate agreement, written where legally, required for validity .... the Contra .c}.~s,.,all mi costa^c? ros require each subcontractor, to the extent of the Work to be performed by the o.nd to the Contractor by te=s the Contract =o=men=, and ,ee American Insfirtne Contractor all the obligations and responsibilities, including the respons~Nhtv mr satety~ -.,. '~1°~ York ^v~m~, N.W. Subcontracror's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall prese~e and protect the rights of the Owner and .~chitect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not preiudice such rights, and shall allow to the Subcontractor. unless specifically provided otherwise in the subcontract agreement, the benefit of ail rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agree- ment, copies of thc Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identi~ to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to ' their respective proposed Sub-subcontractors. 5.4 . CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .~ assxgnraent is effective only. ffter termination of the Contract by the Owner for cause pursuant to Paragraph ~4.2 and only for. those subcontract agreements wh ch the Owner accepts bv notifying the Subcontractor and Contractor in writing; and aretatingaSS/gnment is subject"t°3he pri'~r' "arights °f the surety' if any' °bligated under b°ndto the Contract. . $.4.25.~.Llpon such'iassignm~]nt,.if the~.Work..has been suspended for more than 30 days, the Subcontractor's COmpensatio~ shall be equitably, adiusted for increases in cost resulting ~om the suspension. .?_(. ARTICLE ~ CONSTRUCTION I~Y OWNE. R.O,R,.BY~,DEPARATIr CO NIP, ACTORS s. LI The Owner r~serves the right to perform constpaction or operations related to the Project with the Owner's own forces, and to a~'a~, separate contracts in connection with other portions of the Project or other construction or.9 .pe~,rations on the site under Conditions of the Contract bi'tanti~,' identib, al or su simdar t~ ~cluding those portions related to insurance and waiver of rubrogation. If the Contractor claims that delav or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4.3. 6.1.2 When separat~ ~qntracts are w, varded for different portions of the Project or other construction or operalions on the site, the term 'Contractor" in the Contract Documents in each ~.1~ The Ownershall provide for coordination oftl~activities of the Owner's o'~m forces and of each separate co~'act0f with the Work of the Contractor. who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do construction schedule deemed ner~c, ry.~'~'~r~, a ioint review and mutual agreement. The construction schedules shall then constitute the-~chedules to be used by the Contractor, separate construction or operations related to th& Pro'ect w'th the Owner's own forces, the Owner shall be · , 5?7 5"3{~ :-Tq' ,: ' ' Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3. this Article 6 and Articles m. tt and 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their theirs ~s required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to discrepancies or defects in such other construction that would render it unsuitable for such ~ proper execution and results. Failure of the Contractor so to report shall constitute an ~ acknowledgment that the Owner's or separate contractor's completed or partially comple=ted ~ construction is fit and proper to receive the Contractor's Work, except as to~efects nofthen · · reasonably discoverable. ?-..~ ' : ~ ~: ~ 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred bV-the O~ne~Whicli... ~ ~ are pavane to a separate contractor because of delays, improperly timed ~/ctivlties ~ de~'e~ ,- ~. construction of the Contractor. The Owner shall be responsible to the Contra~r .for cos~ ~ ~ incurred bv the Contractor because of delavs, tmproperlv timed acuvmes, ~e to the ~o~ ~ - ~ ~ defective construction of a separate contractor. ?:'~'-~ ' :' ~ ~ o 6 2 4 The C'~ntractor shall promptly remedv damage wrongfully caused~l~/t~ =-~ completed or partially completed construction or to property of the ~O~mercor ~ ~ contractors as provided in Subparagraph io.2& ri~'-' ·"??~* ~. ~_:,= 6.2.5 The Owner and each separate contractor shall have the same respon~_..~tles~ ~ g-"~'~-- ~O~ ~.c:~[tlng..¥,.=e ' ~-=7,' and patching as are described for the Contractor in Subparagraph 3.14· ° -- 6.~.1 If a dispute arises among the Contractor, separate contractors and the:Ovmer a:s.~to the~ ~ ~. responsibility under their respect ye contracts for maintaining the premises ~difi " · ~ flee from waste materials and rubbish, the Owner may clean up and the Arch teL-t.~_._ ~ ~ cost among those responsible, c.-,': ~ ~' ARTICLE 7 CHANGES IN THE WORK ~-~;'~h' -'. ':" _c ~- ~ 7.1.1 Changes in the ~brk may. be accomplished after execution of {h~ Contract, and without. - ° invai dar ng the Contract, by Change Order, Construction Change Directive or order for i ~ ~ change in the Work, sub ect to the lim~tauons stated in this Amc~7~a!)fl_ .e~e.re in the Con~.~:~ - ~ o 7.1.2 A Change Order shall be b~ed upon agreement among the Owner, Contractor and ~ Architect; a Construction Change Directive requires agreement by the Owner and Architect3nd ©,~ ^t^® may or may not be agreed to by the Contractor; an order for a minor change in thc Work may be ~ I~'u~t~' ~01-1~7 issued by the Architect alone. ·" ' - · ¢o~'mu¢'no~ Document~, and the Contractor shall proceed promptly, unle~ otherwise provided in Th~ American Insti*u~e Order, Construction Change Directive or order for a minor change in the Work. ' ?< , 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor and .~chitect, stating their agreement upon all of the following: a change in the Work; .2 the amount of the adjustment, if any, in the Contract Sum; and J the ement of the adjustment, if any, in the Contract Time. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3-3- 7.3 CONSTRUCTION CHANGE DIR£CTIVES 7.1.1 , A Construction Change Directive is a written order prepared by the Arch tect and signed -~" by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any. in the Contract Sum or Contract Time, or both. The Owner may by Construction Change ~ :~-'. ~e, withotit invalidating the Contract. order changes in the Work within the general scope of the Contract }:onsisting of additio'ns£deletions or other revisions, the Contract 5urn and Contract Time b~ing adjusted accordingly.'- 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms ofa Chnng~Order. '~:-": :'=; 7.3.3 - ' lfthe ConstruOaon Change Direcuve provides for an ad justment to the Contract Sum, the adjustrnent shall be ba~d on one bfth~ followifig methods: '..1 mutual acceptance of a lump *urn properly itemized and supported by sufficient ' ' substantiating da~a to l~_rmit eviluation; a unit Enc~ ~ated m the Contract Documents or subsequently agreed upon; a cost to:. -~:.?~ [letermmed,,,~... m... a.,manner., ._ -_~-agreed upon bv the pames and a mutually acceptabli fixed or percehthge fee, :o~r .a as prodded in Subpar~g~ph 7,3-&: 7..t.4 Llpon receipt of a Construction Change Directive, the Contra~or shall promptly proceed with the change in ~he Work involved and advise the Mchitect of the Contractor's agreement or disagreement with_ the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. .~-,; . 7~.S ~A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for de(ermining them. Such agreement ~hall be effecC~'unmediately and shall be recorded as a Change Order. ~ 7.3.6 .:. If the Contractor do~ not respond promptly or disagrees '*'ith the method for adjustment · . in the Contract Sum ~he method and the adjustment shall be determined by the Architect on the ~ ~ .-~ .. basis of reasonable~tures and savings of thos~ performing the Work attributable to the ~ ~ · change, including, in ~ bf an increase in the Contract Sum, a reasonable allowance for overhead "= - ' and profit. In such c~, ~ also uqder Clause 7.3-3.~'the Contractor shall keep and present, n ' such form as the Architect may prescribe~ an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of o this Subparagraph 7.3,~ shall be limited to the following: ~ ' .~ costs of labor, including sodal security, old age and unemplo,ment insurance, fringe Ju* DOaZUMEN? A201-1~? benefits required by agreement or custom, and workers' compensation insurance; GENERAL CONDITIONS · .2 costs of materialz, supplies'and equipment, including co*t of transportation, whether OF THE CONTRACT FOR incorporated or consumed; :: CONSTRUCTION J rental costs of machineW'and equipment, exclusive of hand tools, whether rented from rh~ American Institute the Contractor or others; ..~-~ ~'~ ~, of Architects ( costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and additional costs of superdsion and field office personnel directly attributable to the change. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net' increase, if any, with respect to that change. Owner, mounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by. a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Archite~.will make an interim determination for purposes of monthly certification for payment for_tfirse costs:..~..at determination of cost shall adlust the Contract Sum on the same basis as a Chahge Order, s~b~.~ t to the right of either party to disagree and assert a claim in accordance with Axtide 4. 1.3.8 When the C~'ner and Contractor agree with the determination made concerning the adjustments in the Contract Sum and Contract Time?or agreement upon the adjustments, such agreement recorded by preparation and execution of an appropriate Change Order. ~.'~' :' ' ::" 7.4.1 The A_chitect will have authority to order ~ ment n the Contract Sum or extension of the Contract Ttme and not ~nconststent ws~ of the Contract Documents. Such changes shall on the Owner and Contractor. The Contractor shall carry out such wntten'o?ders, ARTICLE 8 TIME ~k : 8.1 DEFINITIONS 'i ,,. 8.1.1 Unless otherwise provided, Contract Time is the period of tim~;-;haduding adjustments, allotted in the Contract Documents for Substantial Completi~m o['the Work:' 8.1.2 The date of commencement of the Work is the date estal~ 8.1.1 The date of Substantial Completion is the date cectifi&l by the with Paragraph 9.8. ~ ~ 8.1.4 The term "day" as used in the Contract Documents otherwise specifically defined. 8.1.1 Time limits stated in the Contract Documents are of ,~ o executing the Agreement the Contractor confirms that the Contract Time is a reasonable period ~ tx:~ ~ for performing the Work. '~'~:~*:~: ~" OO~U~48NT A.~01-1~87 ~.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operauons on the sxte or elsewhere prior to the effecm, e cl~t~ rue CONTR^C't ~=Oe insurance required by Article n to be furnished by the Contractor and Owner. CONSTRUCTION commencement of the Work shall not be changed by the effective date of such in~ The American Institule the date of commencement is established by the Contract Documents or a notice to p~ gtven by the Owner, the Contractor shall notify, the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of morgages, mechanic's liens and other security interests. *,2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 83.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect. or of an employee o f either, or of a separate contractor employed by the Owrier. or by changes ordered in the V, brk, or by labor disputes, fire, unusual delay in deliveries, imavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by'the Owner pending mediation and arbitration, or by other causes which the Architectdetermifi~smayjustifydelav then the Contract T me sha be extended N., Change Order for such reasonable time as the Archite~'may determine. Claims relating to Ge shall' b~:made in accordance with applicable pro,4sions of ph Pm'agra 4-3- $.3.3 Th~s Paxagraph 8.3 does not p~eb. lude eecoverv of damages for delay, by, either part)' under other provisions of the Co~ntmct DoCUment.4.. ARTICLE SI PAYMENTS AND COMPLETION 9.1.1 The Contract Sum is stated in the Agreement and, including authorized ad ustments, is the total amount payable by: the Owner to the CoBgactor for performance of the Work under the Contract Documents. , :.. . ~.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values .allocated to various portions of the Work, prepared in such form and supported by such data to ,substantiate its accuracy as the Architect may require· This schedule, unless objected to by the ~'chitect, sh.al.l.~he used as a basis for reviewing the Contractor's 9~3 APPL CATIONS FOg PAYMENT 4~:' ~-1.1 At least ten days_bef°re the date establ shed shall submit to the Architect an itemized Appli.?..tio. n~.~fo accordance with the·'~h~i~l~"~f values. Such application shall be notarized, if required, and supported bv such data substantiating the Contractor's right to payment as the owner or An:hitect ma?- requit?; such as copies of requisitions ,. and reflecting retalnage, i~l~m~ded for in ghe ~._0 _tta~ .t~', uments. 9_t.1.1 As provided in Subparagraph 7.3.8, such applications may include requests for payment on account of changes ~n the Work which ha~ be.en properly authorized by Construction Change Directives, or by interim determinatio~ .o.f ~-.~-x.h. itect, but not yet included in Change Orders. ~_1.L2 Such applications malt not include requests for payment for portions of the Work for Work has been performed by others whom the Contractor intends to pay, 92.2 Unless otherwise provided in the Contract Documents, paTments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner payment may s m ar y be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon com- pliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage ,-nd transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all ~brk covered by an Application for Payment will to the Owner no later than the time of payment. The Contractor fiarther warrants that upon pass submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security inferrers or encum- brances in favor of the Contractor, Subcontractors, material suppliers, or other p~s~'ns or entries making a claim by reason of having pro~rded labor, materials and equipment relating to they'd_ ?k. 9.4 CERTIFICATES FOR PAYMENT - 9.4.1 The Architect will, within seven days after receipt of the Contrac3ors Appllcatlpn,foL, Payment, either ~ssue to the Owner a Cemficate for Payment, w~th a copy to the Contractort for.~ such amount as the Arch tect determ nes ts properly due or notify the Contractor and Owner m writing of the Architect's reasons for withholding certification in whole or m part as prodded m Subparagraph 5.5.L .~-_ ,.& > -= ~.c_,. 9.4.2 The issuance of a Certificate for Payment wall consUtute a representabon'bl/the Architect to the Owner, based on the Architect's evaluation of the Work and ~e data comprisilig the~ Application for Pavrnent that the Work has progressed to the point indici~t&l and th~'t6 of the Architect s knowledge, ~n formaUon and behef, the quality of the Work ~s m accordance the Contract Documents. The foregoing representations are sub ect to an evaluation of the.~, brk for conformance with the Contract Documents upon Substantial Completio~.,"io resulis: of~ subsequent tests and inspections, to correction of min°r deviatE°ns fr°m the C°ntract D°cuments~ 5:~' ' prior to completion and to specific qualifications expressed bv the Architect. The issuafice (~f Certificate for Payment will further constitute a representation that the Crntractor is entitled to payment n the amount certified. However, the ssuance of a Cemficate for Payment will not be'-=.~ a representation that the Architect has ~ made exhausUve or continuous on-site mspecUons to check the qua ltv or quantity of the Work, 2 reviewed construction means, m.eth.o~. ,.t,echni~.ues,5~%~ sequences, or procedures. (3) re',qewed cop~es of reqmslUons received, .....from Subcontracto~ ~nd matenal supphers and other data requested by the Owner to subi'tanuate the Contractor s right to payment, or (4) made examination to ascertain how or for what p~ the Contractor has ttsed money previously paid on account of the Contract Sum. "' ' ~ ' reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the 9.5.1 The Architect may withhold a Certificate for Payment in'whble or in part, to the Owner req, aired by Subparagraph 9.4-2 cannot be made. If the Architect is unable to certify. payment in the amount of the Application, the Architect will note fy the Contractor and Owner. as provided in Subparagraph 9.4-t If the Contraaor and Architect cannot agree on a rev;seal amount. the Architect will promptly issue a Certificate for Payment for the amount for which the Architect for Payment or, because of subsequently discovered evidence, may nulli fy the whole or a part of a opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 3.3.2, because of.' .1 defective ~brk not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptab e to the Owner is provided by the Contractor;, .a failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment: .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .s damage to the Owner or another contractor; .s reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages - for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 . When the above reasons for withholding certification are removed, certification will be made for amoumz previously withheld:: After the A~ch~tect has msued a C.e~ficate for Payment, the Owner shall make pa,vment in the manner and within the time provided in the Contract Documents, and shall so notify, the .:~ 9.6.2 ~.';The ContrRctor shall prompt.N, p~ Subcontractor, upon receipt of payment from the Owrier;:out of_the,amou,t:~paid t~ thi:.:Contractor on account of such Subcontractor's · portion of the Wod$. the amount ro which ~aid Subcontractor is entitled, reflecting percentages -.:~-tually tetained,~0m payments to the Coi{traCtgr on account of such Subeontractor's portion of '-: the Work. The Cont/actor shall, by appropriat~ a~reement with each Subcontractor, require each Subcontractor to make payments to Sub-subenntractors in a similar manner. 9.~3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner:on-account of portions of the Work done by such 9.~.4 - Neither the Owner nor Architectshall have an obligation to pay, or to see to the payment of mon~/to a Subcon~-actor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.~ 9.6.3 and 9.6.~ ' -' - '. ?- 9.6.6 - A Certificate for Payment, a progress paymem, or partial or entire use or occupancy, of the Project by the Owner shall not constitute actx'planci 'ofWm'k not in accordance with the Contract 9.6.7 Unless the Contractor provides the Owaer with a payment bond in the full penal sum of o the Contract Sum, payments received byAhe Contractor for Work properly performed by ' ' Subcontractors and suppliers shall-be held bythe Contractor for those Subcontractors or o1~ ~ ? ~^ ® suppliers who performed Work or fisrnishod materials, or both, under contract with the AIADOCUMENTAIOI-19R? GENERAL CONDITIONS Contractor for which payment yeas made by the Owner. Nothing contained herein shall require o~ THE CONTRACT FOR money to be placed in a ~parate account and not commingled with money of the Contractor, CONSTRUCTION shall create any fiduciary, liability, or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this pro'nsion. ,~ /", 1 9.7.1 If the Architect does not issue a CerHficate for Payment through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect. stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropri- ately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up p us merest as provided for n the Contract Documents 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereo£ is sufficiently comp ere in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for ts ntended use. ' 9.*.1 When the Contractor consider~ that the Work, or a portion thereof w~ich the ~er agrees to accept separately, is substantially complete the Contractor shall prepare and submi(_to the Architect a comprehensive list of items to be completed or corrected prior tO final pa".l~ent. Failure to include an item on such list does not alter the responsibility of th~:C~ntr~g{0 complete all Work in accordance with the Contract Documents. ~= '- 9.8.] tlpon receipt of the Contractor's list, the Architect will make an ' whether the ~brk or designated portion thereof is substantially complete, if inspection discloses any item, whether or not included on the Contrac/oc's li~ sufficiantly complete in accordance with the Contract Documents so that t~e~ or utilize the Work or designated portion thereof for its intended use tssuanc¢ o the Certificate of Substant:al Completion, complete or correct auc]z:xtem.tmon not~ficataon by the Architect. In such case, the Contractor shall then submit a request for an$tll:e,r~ inspection by the Architect to determine Substantial Completion. '5 ~ 7:;.: ~g:-}- 9.8.4 When the Work or designated portion thereof is substantially complete, the A/chitffCt ~ill prepare a Certificate of Substantial Completion which shall establish the dat~ of. Completion, shall establish responsibilities of the Owner and Coiatractor for securi{~, maintenance, heat, utilities, damage to the Work and insurance, and shall fi: which the Contractor shall finish all items on the list accompanying the required by the Contract Documents shall commence on the date of Substantial ( the Work or designated portion thereof unless otherwise provided in the Certificate o 9.8.5 The Certificate of Substantial Completion shall be ~ubmitted to the Owner:iifid ~, Contractor for their written acceptance of responsibilities assigned to them in such Certificate:: Upon such acceptance and consent of surety, if any, the Owner shall make payment of applying to such Work or designated portion thereof. Such payment shall be ad usted for Work' that ts tncomplete or not tn accordance vath the reqmrements of thy Contact Docuroents.?]57:5]~;5~ , , 9.9.1 The Owner may occupy or use any completed or partially compIeted portion of the W)rk AIA DO~I~E~T A~OI-I~I provided such occupancy or use is consented to by the insurer as required Under Clause xu4a.5 GENERAL CONDITIONS authorized by public authorities having urisdiction over the Worlc Such partial occupancy' ofuse.:: Contractor have accepted in writing the responsibilities assigned to each of them for l:raY~ts, have agreed in writing concerning the period for correction of the ~,brk and commencement of warranties required by the Contract Documents. W.'hen the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.-'. Consent of the Contractor to partial occupancy, or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy, or use, the Owner. Contractor and Architect shall jointly inspect the area to be occupied or portion of the V, brk to be used in order to determine and record the condition of the V, brk. .9.9.1 Unless otherwise agreed upon. partial occupancy or use of a portion or portions of the Wbrk shall not constitute acceptance of Wbrk not complying with the requirements of the Cofitract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 UponreCeiptofwrittennotice:thatthe~,~brkisreadyforfinalinspectionandacceptance. and upon receipt of a ~Xpplica~."9,'~?or Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect vdll promptly issue a final Certificate for Payment stating. ~at t9 th.¢ best 9_f.the Architect's knowledge, information and belief, and on the basis of the Architect's On-site visits and in~spection~, the Work has been completed in accordance with terTM mid conditions of the Contract Documefits and that the entire balance found to be due the Contractgr anal n~ed h~'~ht ~m~i de.rt~fi~)~_~ due and payable. The Architect's final Certificate for Payment ~511 coristitute ;i further rep~htation that conditions listed in Subparagraph 9.to.2 as precedent to th¢Contractor's being entitled'lo final payment have been fulfilled. 9.~0.2 Neither final payment nor any rem3ining retained percentage shall become due until the Contractor submits to the Architect (0 an affidavit that paFrolls, bills for materials and eqmpment, and other ~ndeb edness connected ,Mth the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or othe~vise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 3o days' prior written notice has been given to the Owner, (3) a written statement th,it th~ Cofiixa~:ib(knows of no substantial reason that the insurance will not be ren~ e to c~0ver ihi:~ e ri.i~!, r~luit~t b~ the Contract Documents. <4) consent of surety, if any, to final pa,vment ai~;:l' (5); 'i'F~ii'd ~ the Owner, other data establishing pa?nent or satisfaction of obligations, such as receipts, releage~ arid ~-~.ive rs of liens, claims, security interests or encumbrances arising OUt or7 the Contract, to the extent and in such form as may be designated bv the C~.'ner. If a Subcontractor .refuses to furnish a release or waiver required by the Owner, the Contra~°r m~ay furnish a bond.~..fi..s~,r~,to the Owner to mdemn,fy the Owner against such lien. If ~kh li~n remains unsatisfied' after p~.yments are made, the Contractor shall refund to the Owner'all mctn~ that ~.e. Owner__~ay.be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fe~s. 930.~ If, after Substantial Completion o,f_the.~W..o~ final completion thereof is materially delayed ' ' through no fault o~' the Contramor or by i.~uance of Change Orders affecting final completion, © ~ ~ ~ ~ ^ ~ ^ ® and the Architect so confirms, the Owner shall, upon application by the Contractor and certifl- GENERAL CONDITIONS cation bY the Architect, and without,terminating the Contract, make payment of the balance due or THE CONTRACT FOR for that pomon of the Work fully qomp[eted and accepted, If the remaining balance for Work not CONSTRUCTION fully completed or correctext i~ le~ th_an retainage stipulated in the Contract DocumenU, and if The America. Institute bonds have been ~rnisbed, the written consent of surety to payment of the balance due for that portion of the Work 0ally completed and accepted shall be submitted hy the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that ir shall not constitute a waiver of claims. 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: a liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; 2 failure of the Work to comply with the requirements of the Contract Documents; or J terms of special warranties required by the Contract Documents. 9.1O.S Acceptance of fina pawrnent bv the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those pre~4ously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY -= ~ ~ ~ c~ ~!' 10,1.1The Contractor shall be responsible for initiating, maintaining and sudsing all ~fety 'ons and r rams in connection w~th the performance of the Contract.: ". ~ 10.2 SAFETY OF PERSONS AND PROPERTY 53 1021 The Contractor shall take reasonable precautions for safety iSf,~hd 'sh'aW~rovid~"~ reasonable protection to prevent damage, inju~ or loss to: . .,~ ;' -.. a employees on the Work and other persons who may be a the'W'ork and materials and equipment to be incorporated the~re~/~ .. ~ ,; on or bff the site, under care, custody or control of the Contractor or the Contractor s Subcontractors or Sub-subcontractors; and :,r,:..: -~. ~. J other property at the site or adjacent thereto, such as treei~i~l~tbs, lawns; walks,j2 pavements, roadways structures and utilities not designated for i'emtval, relocation or replacement in the course of construction, i ~ ? appl cab e c~ ml lO.l.l The Contractor shall give notices and comply with laWs ordinan regulations and lawflal orders of public authorities bearing on safety of ~e_rs0ns or property or' their protection from damage, injury or loss. :~, :? ;.'.: 10.2.3 The Contractor shall erect and maintain, as required by performance of the Contract, reasonable safeguards for safety.~a~..d protection,! danger signs and other warnings against hazards, promulgatmg Safety reg owners and users of adiacent sites and utilities. '~:"~ '~ ' )?: 10.2.4 When use or storage of explosives or other hazardous mat ah 6~ equipment _ hods are neces for execution of the Work the Contractor shall exercnse utmo~..?e_ an on such acti~qties under super~s on of properly qualmea ~. ,.~ :;~ 10,2.$ The Contractor sba 1 promptly remedy damage and loss''(bther than damage 0~. insured under property insurance required by the Contract Documents) to property referred to tn oa=~ Clauses ~o.2a.~ and ~o.2.~.3 caused in whole or in part by the Contractor, a Subcontractor, a t "1 Sub-subcontractor, or anyone directly or inclirectiy employed by any of them, 0r by anyor~4 for © ~ ~ ~ ~ ^ ~ ^ ® whose acts they may be liable and for which the Contractor is respons~le under ClauseS ~o.2a.2 GEN[RAk CONDITIONS and to.2. t.3, except damage or loss attributable to acts or omissions of the Owner or Amhitect or or indirect y employed by either of them, or by anyone for whose acts eithe;t of CONSTRUCTION them may be liable, and not attributable to the fault or negligence of the Con~f.'The The American In$1ilute foregoing obligations of the Contractor are in addition to the Contractor's obligations under of Architects Paragraph 3.18. lo.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevemion of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any pan of the construction or site to be loaded so as to endanger its safety. 10.3 HAZARDOUS MATgRIALS 10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting From a material or substance, including but not limited to asbestos or polychlorinated biphenvl t PCBL encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect tn wining. lo3.2 The Owner shall obtain the services of a licensed laboratov/to verify the presence or absence of the material or substance reported bv the Contractor and, in the event such material or substance Ls found to be pre~nt, to verify that it has been rendered harmless. Llnless otherwise requixed by the Contract Documen~'the Owner shall furnish in writing to the Contractor and Architect the nan!.es and qua~i.'ficatious of pe/'sons or entities '*'ho are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will pro~'~-tl~' reply to the Owner in writing stating whether or not either has reasonable objection to the p~suns or entities proposed by. the Owner. If either the Contractor or Architect has an obiection to a person dr entity imopos~d b/thd'Owner, the Owner shall propose another to whom the Contractor and the Arc,fitect have no reasonable objection. When the material or substance has been rendered h~les,s, Work in the affected area shall resume upon written agreement of the Owner end Contrecthr, The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-ul~, which adjustment~ shall~be accomplished as provided in Article 7- ~033 To the fuIle~ extent permitted by Ia,q, the Owner shall indemnify and hold harmless the Contracton Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, 'damages, l°sses and expenses, including but not limited to attor- ney,s' fees, arising out of or resulting fi'om performance of the Work in the affected area if in fact the material or substance presents the rL.~k of bodilv, injure, or death as described in Subparagraph ~o.3a and has not been.r~dered ~ pi'ovided that such claim, damage, loss or expense is attn'butab e to bodily mlury; s~dcness, disease or death, or to injury, to or destruction of tangible property (other than the ,W~I~ itself} and provided that such damage, loss or expense is not due to the sole neghgence 9f a party reeking mdemmty. · ~.4 The Owner shall not'be'r~ponsible under Paragraph to,3 for materials and substances brought to the site by'th~ Contractor unless shch materials or substances were required by the 1o.5 If, without negligence on the part Of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Cofitract Documents. the Owner shall indemnify the Contractor for all cost and I0.~.~ -'In an emevgen~ affecting ~afety of persons or proper~y, the Contractor shall act, at the Contractor s &scret~on, to prevent threatened damage, mlury or loss. Addmonal compensation or ( extension of time claimed by the Contractor on account of an emergen~ shall be determined as provided in Paragraph 4-3 and .~-ticle 7, ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the iuri~iction in which the Project is located such insurance as protea the, Contractor from claims set fo~h below which may arise out of or result from Contractor s operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: a claims under workers' compensation, disability benefit and other simiiar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or d.eath of the Contractor's emplovees ~;J . i ~ claims for damages t- .-cause of bodily injury, sickness or disease, or death of any penon other than the Contractor's emplovees; ~?', - ~ .s claims for damages insured by usu'al personal injury liability coverage; i - .s claims for damages, other than to the Work itself, because of injury tangible property, including loss of use resulting therefrom; 3 '. .~ claims for damages because of bodily injury, death of a .; claims for bodily injury or property damage arising arising out of ownership, maintenance or use of a motor vehicle~ .*claims involving contractual liability insurance applicable :tosd. he obh3ations under Paragraph 348. 11.1.2 The insurance required by Subparagraph naa shall be liability specified in the Contract Documents or required by law, whichever coverage rs g Coverages, whether written on an occurrence or claims-made basis, shall be'maintaine;:l withot~t interruption from date of commencement of the Work until date of final termination of any coverage r ed to be maintained after fina payment.,~ .. .-L -- · 11.1.1 Certificates of insurance acceptable to the Owner shall be filed with the Owne commencement of the Work. These certificates and the insurance Paragraph n.x shall contain a pm~5.sion that coverages afforded under the canceled or allowed to expire until at least 30 days' prior written.,_~ notice has. been Owner. If any of the foregoing insurance coverages are requ'..u~: ;to.remmn payment and are reasonably available, an additional certificate 'evidencing coverage shall be submitted with the ~nder the General Aggregate, or both, shall ,be furnished by the ~ntractor with' 11.2.1 The Owner shall be responsible for purchasing and maintmnmg the Owners ?~u liability insurance. coverage for the Owner's, Contractor's and Architect's vicarious liability for ~6n shal[ reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Clauses ILLL2 through na. LS. 113.2 To the e:aent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all fights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy' shall provide for such waivers of subrogation by endorsement or otherwise. n3.a The Ow~..er shall not require the Contractor to include the Owner, Architect or other . persons.or entitie* ak additional insureds on the Contractor's Liability Insurance coverage under Paragraph n.L H,4 PROPERTY INSURANCE 11.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or comp_anies lawfully authorized to do business in the jurisdiction in which the Project is located, property, insuranCe written On a builcler'sX'isk "all-risk" or equivalent policy form in the amount of the initial iT_.ontract sum:71~lus' .~u~-of subsequent Contract modifications and cost of materials supplied or installed by Others, comprising total value for the entire Project at the site on a ~eplacement cost basi~ witho~ optional deductibles. Such property insurance shall be - maintained unleis otherwise provided n fl~'C~ntract Documents or otherw se agreed in writin by all l~sons and enbtses who ate bene~.C~t~.~ of such ~nsurance until fina pawment has been made,_as, provlded.mpa-cag._ r,'ph 9no ~:~o person or enUty other than the Owner has an ~nsurable interest m the propert): re~=b}~, tl~ Paragraph n 4 to be covered wh chever is ater .Th~s ms¥~rance .S~..' ~ndud~ mte~.e~ts..of the..Owner, the Contractor Subcontractors and ~%Sub-Subebntractqv~m the ProleckT<=.~. · ,,~% ~...: 11.4.1.1 Property insurance shall be on an ,all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage induding, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthqu~, fl~.~, windstorm,..f~, testing and startup, temporary' buildings and del~ris..removal including deinolition~ioned by enforcement of any applicable legal requirenients, and,shall ~c~_er reaS°nable.~.'inpensation for Architect's and Contractor's services and ex~hses required as ~'esult of SUch {~sured loss. 11.4.12 If the Owner.does ng.t,intend .tO. purchase ~ch property insurance required by the Contract and with all ofth~ cov~rage~ ~ the amount de'gm'bed above, the Owner shall so inform the Contractor in writing prior to ~$ramencement ~f_the Work. The Contractor may then effect insurance_ which will protect...the~int~ests" of. the Contractor, Subcontractors and Sub-anbcontractors in the Work,_and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is..~_by~the failure or neglect of the Owner to l~'chase or ma~ntafi~ as de~al~_,'ithout so not fy ng the Contractor n i=w-ntmg, then the:Qwnm'~ bear ~ reasrfi~ properly attributable thereto. 11.4.1~ If the property,insurance ~xled~:tibles.. - ::..~c-~,:r'~ the Owner shall pay costs not covered because of such deductibles.. ,.. * 11.4.1.4 This proverty insurance shall cover -portions of the Work stored off the site, and also ~[NiRAL CONOITIONS porti._o~, S Of the Work in tran~L.-a ', _:,?, o~ 'CHi CONTRACT -:"~-' ' CONSTRUCTION 11.4.1.5 Partial occupancy or use in akebrdance with Paragraph 9.9 shall not commence until the Th~ American institute occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured ob ects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner. Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.4.3 Loss of Use Insurance. The Owner, at the Owner's option may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards :. 11,4.4 If the Contractor requests in writing that insurance for risks other than *,hose des~a'iSext herein or other special causes of loss be included in the property insurance ~ii~, the ~ shall, if possible, include such insurance, and the cost thereof shall be cha~ged-to thkTCon~: by appropriate Change Order ,- 11.4.$ If during the Project construction period the O~mer insures both, at or adjacent to the site by property insurance under the Project or if after final payment properly nsurance s to be through a policy or policies other than those insuring the Pro ect during the Owner shall waive all rights in'accordance with the terms of Subpar~pg. ~ caused by, fire or other causes of loss covered by this separate property pohctes shall pro~ ~de tNs wmver of subrogatmn by endorsement or other~qs~. , 1145 Before an exposure to oss may occur, the owner sha. fie w th the Contractor a copyof each policy that includes insurance coverages required by this Paragraph n.4. Each tmlicv-shalI'~.~55 contain all generally applicable conditions, definitions, exclusions and endorsements this Prolect. Each pohcy shall contain a provision that the policy will not be canceled Or all0we~'~,:~: to expire, and that its limits will not be reduced until at least 30 days' prior wrii~.en fiot~ has - . ~ , %... =~.,.:,~, t1.4.7 Waivers of Subrogation, The Owner and Contractor waive all rights against (0 each other and any of the r subcontractors, sub-subcontractors, agents and ifial>loyees, each Of thl oth~r,~ind (2) the Architect,. Architect's consultants, separate contractors der;cribed, in Article 6; :if any,~vand,=':~ ] any of their subcontractors, sub-subcontractors agents and employees for damages caused by fire or other causes of loss to the extent covered by properly insurance obtained pursuant Paragraph n.4 or other property insurance applicable to the Work, exrJe~t SUch fights as ~ to proi:eeds of such insurance held bythe Owner as fiduciar~'~'~h~= owner or Contract~5_- appropriate, shall reqmre of the ArcMtect. Architect s consultants, separate contractors de ~o. .o° in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of' . . them, by appropriate agreements, written where legally required for validity, similar waivers ~ in favor of other parties enumerated herein. The policies shall provide SUch Waivers'o£ AIAIXI~21/ME~r A201-1~7 subrogation by endorsement or other~-ise. A waiver of subrogation shall be effective as toga GENERAL CONDITIONS person or entity even though that person or entity would otherwise have a duty of OF THE CONTRACT FOR tion, contractual or otherwise, did not pay the insurance premium directly or CONSTRUCTION whether or not the person or entity had an tnsurable ~nterest ~n the property damaged. · -- of Architects o ~ n.4.s A Io~s insured under Owner's property insurance shall be adjusted by the Owner as t~duciary and made payab e to the Owner as fiduciary for the insurers, as their interests may appear, subject to requirements of any applicable mortkagee clause and of Subparagraph n.4.m. The Contractor shall pay Subcontractors their iust shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make pa,wnems to their Sub-subcontractors in similar mannen 11.4,9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's dut}es. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the'parties in interest may reach, or in accordance with an arbitration award in . w}fich case the procedure shall be as provided in Paragraph 4-6. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notificat on of a Change in the Work in accordance with .aa-tide 7. ' ' 11.4.10 The Owner as fiduciary shall t~afe power to adjust and settle a loss with insurers unless one of the partie~ in interest shall object in'writing within five days after occurrence of loss to the Owner's exe~mise of tkis power; ff ~.ich-objection is made, the dispute shall be resolved as provided in Paragraphs 4-5 and 4.6~ Th~ Owner' as fiduciary shall, in the case of arbitration, make settlement w/th insurers in accodan~e Oith"directions of the arbitrators, If distribution of insurance proceeds by arNtrat~on ~s required, the arbitrators will direct such distribution. 1L5.1 The Ox,ruer shall have the ....... . right to reqmre the Contractor to furnish bonds covering performande'~f the Contract and payment of obligations arising faithful [hereunder as stipulated in bidding requii, c~ents 'or specifically required in the Contract Documents on the date of 11.5.2 I~on the request of any person~or eiitity 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 12.1.1 If a portion of the Work is covered contrar~ to the Architect's request or to requirements specifically expressed in tbe Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract T'mae.. _- . · 12.12. If a portinn 6f the Work has been:cove2red;.whi~b the Archiiect has not specifically ~&o~ requested to exarnine'l/rioz:'t6 its being covezed~theArchitect may request to see such Work and it shall be uncovered by, the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Oder, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate o contractor in which event the Owner shall be responsible for payment of such costs, a.m DO~dMENT ~O1-1997 - GENERAL CONDITIONS · -.~ · OF THE CONTRACT FOR 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary, thereby, shall be at the Contractor's expense 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligations under Paragraph if, within one after the ' 3.5, year date of Substantial Completion of the Work or designated portion thereof or after the date for ~ commencement of warranties established under Subparagraph or by terms of an 9.9.1, applicable special warranty required by the Contract Documents, any of the Work is found to be not in ~ accordance with the requirements of the Contract Documents, the Contractor s. hall correct it ~ promptly after receipt of ~xitten notice from the Owner to do so unless the Owner has i~ previously given the Contractor a written acceptance of such condition. The ~er shalJ.'~ive · · such notice promptly after dis over3,` of the condition. During the one-year period for co ~rr~.'gn ° g ~ make the correction, the Owner waives the rights to require correction by the Cogtr~ctor~.an.d~ -5._ = of Work, if the Owner fails to notify the Contractor and giYe the Contractor ~.atg.opport .u~i~'t~..t9 ~'= ~ make a claim for breach of warranty. If the Contractor fails to correct nonc~nforming"~W_~ w~tinn a reasonable time during that period after recezpt of notice from the Owner o~4rchite~.._3~ l =- ~ the Owner may correct it in accordance with Paragraph 2.4. "- ~ 12.2.2.2The one-year period for correction of Work shall i.~ ct Work first performed after Substantial Completion by the period of time between §~tia] Completion ~ad the actual performance of the Work. -.. ~-..~.-~- - ,, a 12.2.23The one-year period for correction of Work shall not be extended by~ corrc4.-tive W~trk ~ = performed by the Contractor pursuant to this Paragraph 12.2. , .'~-2~ i ~ ~ 12.2.3 The Contractor shah remove from the site portions of the Work which are no~ in ~ ~ accordance with the requirements of the Contract Documents and are neither corrected by ~ Contractor nor accepted by the C~'ner. ,- ' - ~ ~ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged g'~ whether completed or partially completed, of the Owner or separate contractors i~u~i:l b e ~ Contractor's correction or removal of Work which is not in - .:: ~, -; ~- the Contract Documents. ':' -~ --:-~- '-, -~ ~' ~ 12.2.5 Nothing contained in this Paragraph ~2.2 shall be construed to establish a penod of_. I'_=. m tat on with respect to other ob gat OhS which the Contractor might have under the Con'ti'act · ~ g- Documents Estab shment of the one-year period for correcuon of Work as descfib&t ~n }~ ~oo..~g Subparagraph m.2.2 relates only to the specific obligation of the contractor to correct the ~. . ......... ..,~' and has no re at onshtp to the time w~thm which the obligation to comply w~th the ~'='.l ,~ a Documents may be sought to be enforced, nor to the Ume' within' .... which proceed, mgs miy'be=~''~; -'-~-.~ oa:~ commenced to establish the Contractor's liability with respect to the C~ntractors obligations ~ ~ other than specifically to correct the Work. · ' ::: ' '.- '.' ~:~ AIA DOCUMENT AlO1-19B7 12.3 ACCEPTANCE OF NONCONFORMING WORK '- ' "~ '-?-; · ~ -. GENERAL CONDITIONS 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requiremenks o~.' CONSTRUCTION the Contract Documents, the C~'ner may do so instead of requiting its removal and correction,' in which case the Contract Sum win be reduced as appropriate and equitable, Such ad' .lu~._ ent The AmeriCanof Archi,ectslnSti~ute sha be effected whether or not final payment, has been made. __ ARTICLE 13 MISCELLANEOUS PROVISIONS 13A GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCC£SSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves their partners, successors, ass gns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Subparagraph 13.2.2, neither party to the Contract shall a~ig~, the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain responsible for all obligations under the Contract. 13.2.2 The O,~fi&r may, without consent of the Contractor, assign the Contract to an institutional lend_er providing construction financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. O.3.1 Written ngtice shall be'deemed to have been duly served if delivered in person to the individual or a l~mber of the firm or entity or to an officer of the corporation for which it was intended, or ffd611vered at or sent by_registered or certi fled mail to the last business address known to the party g~vifig notice. ' ~ 41 gtR es afl&)flfligauons~ ~mpoe, ed:by,thc Contract Documents and rights and remed es avai able thereundm'.ahall be tn addition to-and not a imitaUon of duties, obligahons, rights and remedies otherwi~ iinposed or available by 1~: B.4.2 No action or failure to act by the Owner. ~'chitect 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 approv~..of or acquiescence in a breach thereunder, except as may be specificall?' agreed 9.~.l~'-Tests, inspections and appr69als o&portions of the Work required by the Contract .: Dooi~ems or b~_~ p~ces,.l~les,_i'egulation_..s .9,[_orders of public authorities having .., juris~ctlon shall be mfide at iff appropriate-time. ~ OJaerwise provided, the Contractor shall tnakc arrangements .fi:~z~u~h* tests, inspections ,and;ppprovals with an independent testing laboratory or enttty acc~13table to the Owner, or_with the appropnate pubhc authonty, and shall bear all related co,ts of tests, inspections and approvals. The Contractor shall give the Architect . timety notice of wh~e~..~ap:d where tests and inspections are to be made so that the Architect may ,-~ ,~: ~ :-be present for su;:h~ures. The Owner ,.hall ~ }osts of tests, inspections or approvals . .~.. which do not becom¢_.lJ*t. _~-!t~?. re{rots tmtil afterbids:,al~.lrecelved or negouatlons concluded. B.~.2 If the'kaar, hiff'ct, Owner or pubUc:i~ties having urisdiction determine that portions of the Work reqm~ addmonal testing, msl~cttnn or approval not included under Subparagraph , ~3-5.z the Architect ~'ill, upon writt~n'~o~ from the Owner, instruct the Contractor to ~ ~ ~ ~ ~ ^ ~ make arrangemen~ for such additional (esting, inspection or approval by an entity acceptable to . costs, except as provided in Subparagraph t3-5.3, shall be at the Owner's expense. "~p~ of Architects 13.5.1 If such procedures for testing, inspection or approval under Subparagraphs t3..54 and x3.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary, by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall unless otherwise required by the Contract Documents, be secured by the Contractor and prompt v de vered to the Arch tect 13.S.$ If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.S.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. . 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest fi~m tfie'~li'{e payment is due at such rate as the parties may agree upon in writing the legal rate prevailing from time to time at the place where the Project is located. ~} ~ 13,7 COMMENCEMENT OF STATU TORY LIMITATION PERIOD . 13.7.1 As between the Owner and Contractor: .~ Before Substantial Completion. As to acts or failures to act re:evant date of Substantial Completion, any applicable cor, mence to run and any alleged cause of action any and all events not later than such date of Substant a Coni~letion~ a Between Substantial Completion and Final Certificate for prior to issuance of the final Certificate for Payment, any ap ir. able ~atute of hm~taUons shall commence to run and any alleged cause of acuon shall be deemed to have accrued in any and all events not later than the date of msuance of~.e Certificate for Payment; and ~ .: .=_c.<e:~ ~ A~.er Final Certificate for Payment. As to acts or failures relevant date of issuance of the final Certificate for Payment, limitations shall commence to run and any alleged cause of action shall have accrued in any and all events not later than the date of any a~t Or fail~t~ b the Contractor pursuant to any Warranty a ~ ~ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a~ p~-~iod of 30 ~n- ~ , secutive days through no act or fault of the Contractor or a Subcontractoi:, Sub-subc. ontractOLor n ~ ~ ~ ~ ^ ~ ^ ® their agents or employees or any other persons or entities performing poi~.iom Of the Work under THE CONTRACT FOR .1 issuance of an order of a court or other public authoritv having urisdictiou whi~:.h~; CONSTRUCTION requires aB Work to be stopped; ;-'-~ .2 an act of government, such as a declaration of national emergenc~ which requkzea._ 'all of A/~qltect$ Work to be stopped; ~-3~3 "El'SS SEROTA & I~ELFY~X, The Contractor and pre,raj/over an- e -' O. wner agre. e that the P'-vision . ~ ,~. ~ot~O~ 13.7, ~clua;,~unaltlOm; (2) .~ because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .a the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.za. 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or theh' agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspens ons, delays or interruptions of the entire Work by the Owner as described in Paragraph ~4-3 constitute in the aggregate more than ~oo percent of the total number of days scheduled for completion, or t2o days in any 363-day period, whichever is less. 14.13 If one of the reasons described in Subparagraph ~a.t or t44.2 exS. sts, the Contractor may, upon seven days' )vritten notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work.executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 1~..1.4 If the Work is stopped for a period of 6o consecutive days through no act or fault of the .Contractor or a Subcontractor or. their agents or employees or any other persons performing portions of the ",%rk under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progre~ of the Work, the Contractor may, upon seven additional days' written notice to the Owner and fle Architect, terminate the Contract and recover from the Owner as prm~ded in Subparagraph 14.~3. ~,~i .... ~.2 TERMINATION BY THE OWNER FOR CAUSE 14.~.1 The Owner may terminate thc Contract if the Contractor: a persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; · .~ persistently disregards laws, ordinances, or roles, regulations or orders of a public authority having jurisdiction; or ~ - .~ otherwise is guilty_ ~:°f substantial breach of a provision of the Contract Documents. 14.2.2 When any of the aboTe reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to justi~ such action, may vfithout prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if anv seven days' written not ce, terminate employment of the Contractor and may, subject to any prior rights : of the surety: ~ a take posSeSsion:of the site and of all materials, equipment, tools, and construction equipment a}~d machiner~ thereon owned bv the Contractor; .a accept assignment of subcontrac~ pursuant to Paragraph 5.4; and .~ finish the '~brk by whatever reasonable method the Owner may deem expedient. Upon ~ ' request of the Contractor, the Owner shall furnish to the Contractor a detailed ©~ ^'^® accounting of the costs incurred by the CXvner in finishing the Work. GENERAl, CONDITIONS 14.2.3 When the Owner terminates the Contract for one of the reasons stated in CONSTRUCTION Subparagraph 14.24, the Contractor shall not be entitled to receive further payment until the Work T~ Am*titan Inshtui'* is finished, of Architects 14.2.4 If the unpaid balance of'the Contract Sum exceeds costs of finishing the Work, including, compensation For the Architect's services and expenses made necessary, thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. ffsuch costs and damages exceed the unpaid balance, the Contractor shall pay the dif- ference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall sur,'ive termination of the Contract. 14.3 SUSPENSION $Y THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, w~thout cause, order the Contractor tn writing to suspend, delay or Inter- mpt the Work in whole or in part for such period of time as the Owner may determine. 14-~.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .~ that performance is, was or would have been so suspended, delayed ~f hitermpted by another cause for which the Contractor is responsible; or ~:z:;~ ~. .2 that an equitable adjustment is made or denied under another~rovision bf, tlie 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time terminate the Contract for the without cause. 14.4.2 Upon receipt of written notice from the Owner convenience, t ~e Contractor shall :? a cease operations as directed by the Owner in the notice a take actions necessary or that the Owner may direct, for the preservation of the V~brk; and ? .. :~,:. i . .. ~ except for Work directed to be performed prior to the effective'dare'of termln'atioh stated in the notice, terminate all e:dsting subcontracts and purchase O~ers and enter into no further subcontracts and purchase orders. '-' .- ';~ 14.4.3 In case of such termination for the Owner's convenience, the ContraCtor Shall be to rece ye payment for Work executed, and costs incurred by reason of such terminitioh with reasonable overhead and profit on the Work not executed. ~ .....- .~:r5 .~-,,.' ~: :'&3-~' James A. Cummings, Inc. Construction Manager/General Contractors City of Aventura Government Center, Police Facility & Cultural Center Guaranteed Maximum Price Estimate November 30, 1998 Construction Managers Phone: 954-?33-42, I ~ ~ ~____~./.~. um~m I n~s 3575 N~/53rd Street Fax: 954-485-9688 I I I I I IIII Fort Lauderdale, Florida Email: info@jamesacurnmings.com Web site: jamesacumrnings.corn .~. PHONE: (954) 733-4211 (305) 945-8146 FAX: (954) 485-9688 JAMES A. CUMMINGS, INC. GENERAL CONTRACTORS 3575 NORTHWEST 53RD street November 30,1998 Ix [/[ ~1 ix Office of the City Manager City of Aventura 2999 N.E. 191 Street Suite 500 Aventura, Florida 33180 Attn: Mr. Eric Soroka Re: Aventura Govemment Center Guaranteed Maximum Price Gentlemen: Our Guaranteed Maximum Price (G.M.P.) for the Aventura Government Center is $13,028,946.00 including the contingency, the Preconstmction Services Fee and the Construction Fee. Attached please find a copy of the G.M.P. Estimate, the Bid Comparison Sheet, the List of Drawings, the List of Specifications and the Elevator Specification. The following is a list of Qualifications and Clarifications. Where conflicts may exist between these Qualifications and Clarifications and the 85% Construction Drawings and Specifications, these Qualifications and Clarifications shall govern. Qualifications and Clarifications 1. All water management and drainage district permits, fees and bonds, impact fees and utility connection and usage fees are not included and shall be paid for by the Owner. 2. All building permit fees are not included and shall be paid for by the Owner. 3. Builders risk insurance is not included and shall be paid for by the Owner. 4. Threshold inspector and special inspectors and inspections are not included and shall be provided and paid for by the Owner. 5. The cost of a performance and payment bond is include_cl/~~~'[X 6. This G.M.P is based on a ~'x*e~edd 6) month construction schedule. 7. In the event that the Cost of the Work and the Construct~n Manager's fees are less than the Guaranteed Maximum Cost, after giving effect to change~i~'n the Work and any other adjustment which may be made, then the difference between the cost of the Work and the Construction Manager's fees, on the one hand, and the Guaranteed Maximum Cost on the other hand, is the savings. The first two hundred thousand dollars ($200,000.00) of the savings shall accrue and inure to the Owner to the extent of one hundred percent (100%) thereof. Any savings in excess of two hundred thousand dollars ($200,000.00) shall accrue and inure to the Owner to the extent of seventy-five percent (75%), thereof, and shall inure and be paid to the Construction Manager, as additional fee, to the extent of twenty-five percent (25%) thereof. 8. Quality control testing is not included and shall be provided and paid for by the Owner. 9. Removal and disposal of hazardous and/or contaminated materials and ground water is not included. 10. The temperature control of the building during construction as described in Specification Section 01500 is only included for the installation of final finishes utilizing the permanent mechanical equipment. 11. All C.P.M. Scheduling shall be performed by the staff at James A. Cummings, Inc., not by an outside Scheduling Specialist. 12. Temporary power and lighting shall be provided in accordance with the Division 16 Specification not Division I. 13. The G.M.P. Estimate is based on the Report of Geotechnical Exploration dated September 17, 1998 as prepared by Nutting Engineers of Florida, Inc. 14. Removal of unsuitable soils is included for utilities only as recommended in the Report of Geotechnical Exploration. 15. The geogrid fabric between the asphalt subbase and base course as recommended in the Report of Geotechnical Exploration is included. 16. Four (4) discharge wells twenty-four inches (24") in diameter by one hundred feet (100') deep capable of accepting seven hundred fifty (750) G.P.M. is included. Please note that the C.F.M. requirements on the Civil Drawings is not included. 17. Two inches (2") of topsoil is included for all landscape areas as required in Specification Section 02900. Six inches (6") as required by Specification Section 02230 is not included. 18. All chain link fences and gates are included with a galvanized finish. 19. All landscaping mulch is included as Cypress. 20. All concrete is included as standard mix designs. DCI admixtures or special water/cement ratios are not included. 21. The precast concrete panels at the council chambers are included as twelve inch (12") thick concrete job cast tilt-up. 22. A medium sandblast finish for the tilt-up panels is included. 23. Buff colored concrete made of standard aggregate and gray cement is included for the tilt- up concrete panels, precast concrete planters and precast concrete bollards only. 24. The concrete for the masonry filled cells is included as 3000 P.S.I. ASTM 476 grout. Non- shrink, non-metallic grout is not included. 25. All exposed masonry is included with tooled joints. 26. The cut stone veneer is included as two inches (2") thick. 27. The precast planters/benches and bollards are included as Alkaline Resistant Glassfiber Reinforced Concrete as manufactured by Stonewear Composite Stone Products or equal. This product does not require a fiberglass liner or waterproofing, therefore none is included. 28. The handrails at the projection booth and room 218 are included as primed steel with a field paint finish. 29. The steel structure for stair 2 is included as primed steel with a field paint finish. 30. Stair 2 handrail is included as seven (7) line brushed aluminum. 3 l. The lobby balcony handrail is included as eight (8) line brushed aluminum. 32. Stair nosings are included at stairs 3 and 4 only. 33. The penthouse roof ladders are included with a powder coat finish. 34. The exterior drop-offcanopy is included as a galvanized steel space frame with a field paint finish. 35. Six hundred eighty-eight (688) steel stud rails are included. 36. The metal pan stairs are included as manufactured by Metallic Engineering or equal. 37. The continuous wood blocking at the parapets shown on drawings A4.5 and A4.6 are included as two (2) layers of three-quarter inch (3/4") CDX plywood. 38. The plywood above the aluminum amhitectural grille as indicated in detail 4/A4.8 is included as three-quarter inch (3/4") plywood. Pressure treated plywood is not included. 39. Marine or Pyroguard plywood is not included. 40. The plastic laminate for the casework is included as standard color equal to Wilsonart, Nevemar or Formica. 41. Adjustable shelving is included as plastic laminate with standards and brackets. 42. Pre-manufactured evidence pass through lockers are included as model 582-1 as manufactured by Art Metal or equal. 43. Pre-manufactured metal storage shelving at rooms 106 and 132 is included as Series 8000 as manufactured by Lyon or equal. 44. All casework is included as plastic laminate unless otherwise indicated on the Drawings. 45. The vanities are included as plastic laminate with a skirted top. 46. The stainless steel countertops are included in room 132 only as indicated on the Drawings. 47. The chemical resistant plastic laminate countertops are only included in room 128 as indicated on the Drawings. 48. The specified cabinet locks are included for all the cabinets at the first and third floors only. 49. "Anti-pick" caulking is included at the holding cells. 50. All exterior caulking, other than for the window wall, is included as Dow Coming 790 Silicone Sealant. 51. The roof insulation is included with an average thickness of three inches (3") developing an insulating value of R-20. 4 52. The fire proofing at the floor perimeters is included as friction fit fire sating capped with ;ire rated sealant to provide a one and one half(I-I/2) hour rating. 53. The hollow metal frames are included as manufactured by Firedoor Corp. or equal. 54. The hollow metal doors are included as manufactured by Firedoor Corp. Or equal. 55. The wood doors are included as pre-finished, pre-machined with a stain grade red oak veneer. 56. The pocket doors at the third floor bathrooms are included as solid core with a stain grade finish. 57. The overhead coiling doors are included as motorized Series S-10 as manufactured by B&B Rolling Door or equal with a powder coat finish. 58. The fire shutters are included as manually operated as manufactured by Wayne-Dalton or equal with a powder coat finish. 59. The curtain wall is included as manufactured by Owen International, Inc. or equal. 60. The glazing for the curtain wall is included as butt glazed nine-sixteenths inch (9/16"), ten percent (10%) reflective, blue tinted glass. 61. All storefront doors are included as eight feet (8') high with a transom panel above as manufactured by YKK or equal. 62. The curtain wall design is based on maximum pressures of+55 psfand -128 psfas supplied to us by Ladkas/Yohalem Engineering, Inc. 63. The balcony and main entrance soffits are included as five-eighths inch (5/8") stucco with struck joints. Plastic or metal accessories are not included. 64. The ceramic tile walls are included as four inch (4") by four inch (4") Group 1 tile as manufactured by Dal Tile or equal. 65. The ceramic tile floors are included as two inch (2") by two inch (2") group 4 tile as manufactured by Dal Tile or equal. 66. The quarry tile flooring is included as eight inch (8") by eight inch (8") by one-half inch (1/2") thick non-slip as manufactured by Dal Tile or equal. 5 67. Buff colored precast treads are included at stairs 1 and 5. Precast for the landings is not included. 68. The acoustical ceiling grid is included as non-fire rated. 69. The gym floor is included as Tuf-flex as manufactured by Rubber Products, Inc. or equal. 70. The wood flooring at the stage is included as Northern Maple and shall be field finished. 71. Wood blocking is included at the wood door frames only, all other backing is included as metal. 72. A total of seventeen (17), fourteen (14) gage security hollow metal doors and twelve (12) gage hollow metal frames are included as manufactured by BRS Products or equal. 73. The locksets for the holding cells are included as paracentric type model 7082 as manufactured by R.R. Brinks or equal. 74. The locksets for the four (4) doors leading into the holding cell area are included as an electric type model 3020 as manufactured by R.R. Brinks or equal including a control panel located at the booking desk. 75. The locksets at the doors to the booking and interrogation rooms are included as a mogul type model 1020 as manufactured by R.R. Brinks or equal. 76. Lexan view lites are included for the security hollow metal doors. 77. Stainless steel detention equipment is included for the holding cells and interrogation rooms except for the bunks which are included as mild steel as manufactured by Industrial and Detention Fabricators or equal. 78. The accordian folding partition at the council chambers is included as Series 4400 as manufactured by Hufcor or equal. 79. The acoustical wall panels at the council chambers area are included as a one inch (1") thick Fabritrak System. 80. The computer access flooring with carpet tiles at the emergency operations area is included as Concore 1000 Posilock as manufactured by Tate. 81. The building letters are included as twelve inch (12") high by one-quarter inch (1/4") thick cast aluminum with a satin finish and flush mounted. 82. The roll call lockers are included as model 552-1 and 552-2 as manufactured by Art Metal or equal. 6 83. The locker room lockers are included as model 552-2 as manufactured by Art Metal or equal. 84. The fully recessed fire extinguisher cabinets are included as model AL 2409-R2 as manufactured by Larsens or equal. 85. The toilet and bathroom accessories are included as manufactured by A & J Washroom Inc. or equal. 86. The parking control system is included as a stand alone system and shall not be monitored on-line. 87. The aluminum foot grille is included as aluminum bar grating with an aluminum frame similar or equal to model AMR2-S as manufactured by Balco Metalines, Inc. 88. The pre-engineered gas island canopy is included as eleven feet (11') by fifteen feet (15') by fifteen feet (15') high with a buff colored powder coat finish as manufactured by Dittmer Architectural Aluminum, Inc. or equal. 89. The fume hoods and metal base cabinets located in the crime lab are included as manufactured by BMC/National Products or equal. These units include epoxy resin tops and lab fixtures. 90. One hundred and ninety-seven (197) theater seats are included as model 22656 Saturn with a maple veneer and type "F" fabric as manufactured by Irwin or equal. 91. The elevators shall be provided per J.A.C. attached specification. 92. One (1) safety shower is included at the lab area as indicated on the plumbing drawings. 93. Floor drains are included for the nine (9) exterior planters at the plaza level. 94. The fire sprinkler heads are included as being installed in a symmetrical pattern but not necessarily center of tile. 95. A stairwell pressurization system is included; a smoke evacuation system is not included. 96. The emergency generator was relocated to an area outside the building near the fueling station. Full emergency power is included for the entire ground and fifth floors; to the communications/computer/dispatch areas (Emergency Operations Center) on the third floor and emergency power to the code compliant areas for the rest of the facility. One elevator shall run on emergency power, but all three elevators shall be wired so the owner may select which elevator is to remain' operational. An above ground four thousand (4000) gallon fuel tank is included at the generator location within a fenced or screened enclosed area. 7 97. The data, telephone, communication, sound/paging and security systems shall be provided by the owner. Cat 5 cable and terminations will be provided for the telephone and communications systems. Fiber optic cables and terminations will be provided for the data system. 98. The electrical drawings do not indicate the fire alarm initiating devices. Our proposal includes only those devices required to meet the Code requirements. 99. Test and Balance (Performance Evaluation) shall be provided by the owner. 100. The following items of work are specifically included as Owner allowance accounts including alt labor and material in the amounts as indicated: A) Receiving items noted as N.I.C. on the 85% Construction Documents. $ 3,000.00 B) Finish hardware. $ 80,000.00 C) Carpet. $110,400.00 ($30.00/S.Y.) D) Granite. $104,500.00 E) Interior signage. $ 5,OO0.0O F) Dedication plaque. $ 2,000.00 G) City seal. $ 1,500.00 H) Fueldispensing equipment. $ 65,OOO.OO I) Open ground floor ventilation and carbon monoxide exhaust removal systems. $15,000.00 J) Dimming system and controls at Council Chambers (Rm. 209) $10,000.00 K) Cabling for the Owner provided antennae. $ 1,000.00 L)The trophy case. $ 6,000.00 M) Elevator cab interior finishes. $ 4,000.00 percab 101. The following items of work are not included in this estimate: A) Video, data, telephone, sound/paging and communication equipment. B) All F.F.&E. C) All CCTV and security systems equipment. D) All filing cabinets. E) All office systems furniture. F) All appliances and laundry equipment. G) All road signalization. H) Owners Protective Liability Insurance. I) A limerock subbase below the building slab-on-grade. J) Fiberglass Irrigation pump enclosure. K) Fibermesh concrete reinforcing. L) Galvanized or epoxy rebar reinforcing. M) Corrosion resistant concrete admixture. N) Zonolite or foam fill in masonry walls. O) Integrally colored concrete sidewalks or paving. P) Tree grates. Q) Stainless steel column covers. R) Prevailing wages. 9 S) Council members dias. T) Bullnose steel embed at the drop-off island. U) Glass and stainless steel handrail. V) Expansion joint covers. W) Roof walkway treads. X) Vault doors. Y) Sealer for the stone facade. Z) Vinyl wall covering. AA) Rubber stair treads and risers. BB) Painting of exposed ceilings other than specified elsewhere. CC) Sealing tilt-up panels or stone facade. DD) Vision lites in hollow metal or wood doors other than detention doors. EE) Gaseous suppression system. FF) Hot water at the public bathrooms and holding cells. GG) Sound attenuators. HH) Liebert type unit at third floor. II) Separate HVAC system at the holding cells. JJ) Separate HVAC system at the lab area. KK) Plaza level lighting beyond what is shown on the electrical drawings. LL) Door holders for the fire alarm system. MM) U.P.S. system. MM) Building management system. 10 102. The following Owner accepted alternates have been incorporated into the G.M.P. Estimate: A) Change the interior finish of the curtain wall framing members from Kynar to Baked Enamel. B) Delete precast stair risers and landings. C) Replace wood baffles with layered plaster ceiling. D) Replace the quarry tile at the plaza with buff colored, broom finished, lightweight concrete and a 1'-6" precast concrete border. E) Replace the six stop traction elevator with a five stop hydraulic elevator. F) Provide an aluminum foot grille in lieu of stainless steel. G) Provide an 1 l'x15' gas island canopy in lieu of 22'x15'. H) Delete the fabritrak acoustical wall panels at the emergency operations center. I) Provide #4 stainless steel elevator entrances in lieu of brushed aluminum. J) Change fire rating of intumescent fireproofing at chamber steel columns from two hour to one hour. Please do not hesitate to call if you should have any questions. Very truly yours, JAMES A. CUMMINGS, 1NC. Scott W. Pate Chief Estimator cc: James A. Cummings William R. Derrer Michael F. Lanciault Richard Buell 11 AVENTURA GOVERNMENT CENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA ARCHITECT: MICHAEL A. SHIFF AND ASSOCIATES GUARANTEED MAXIMUM PRICE ESTIMATE: NOVEMBER 30, 1998 TOTAL 78598 S.F. TOTAL ITEM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME 11130/98 $/S.F. 10/7/98 DIFFERENCE 1. GENERAL CONDITIONS 0 0 0 0 0.00 0 0 SEE WINDOW 0 691,548 691,548 J.A.C 691,548 8.80 680,047 11,501 RECEIVE ITEMS NOTED AS N.I.C ALLOWANCE 3,000 0 3,000 J.AC 4,067 0.0S 4,067 0 0 0 0 0,00 0 0 2. NO SPEC DEMOLITION AND REMOVALS 0 0 ~NCL. IN SiTE CLEARING 0 0.00 0 0 REMOVE AND REWORK ASPHALT 0 0 INCL. IN SITE CLEARING 0 0.00 0 0 0 0 0 0.00 0 0 3. 02230 SITE CLEARING 527,691 527,691 MORA ENGINEERING 527,691 6.71 453,902 73,789 1 0SA TEMPORARY PROTECTION 0 0 INCL 0 0.00 0 DEWATERING 16,725 16,725 GRIFFEN DEWATER~NG 16~729 0.21 16,725 LAYOUT AND AS-BUILTS 0 INCL 0.00 DRWGS. 13' BERM AT EAST SIDE OF BLDG. 0 INCL 0.00 DRWGS 3' 6" BERM AT DROP OFF ISLAND 0 INCL 0.00 2.01 B TOPSOIL IN ACCORDANCE W/02900 0 INCL. 0.00 3.03C REMOVE VEGETATION 0 INCL. 0.00 E PRUNE TREES AND ROOTS 0 INCL 0.00 I GRUBBING 0 INCL. 0.00 .1 HAND GRUB INSIDE DRIP LINES 0 INCL 0.00 .J STRIP TOPSOIL 0 INCL. 0.00 3.04,B HAND EXCAVATE INSIDE DRIP LINES 0 INCL 0.00 3 05B LOWERING GRADE INSIDE DRIP LINE PER ARBORIST 0 INCL 0.00 3.06 A& FILL MATERIAL AND 6" TOPSOIL 0 TOPSOIL IS INCL. AS 2" 0.00 307.B REMOVE AND REPLACE DAMAGED TREES 0 INCL. 0.00 309 A BURNING NOT PERMITTED 0 INCL 0.00 02300 EARTHWORK 0 INCL. 0.00 SEE EARTHWORK WINDOW 1,050 5,093 5,052 14,t95 J.AC 16,074 0.20 22.984 (6.91~ 1.05A TESTING LAB TO DETERMINE FILL SUITABILITY 0 0 INCL. 0.00 0 1 07 B LAYOUT AND AS-BUILTS 0 0 INCL. 0.00 0 1.08.B TRENCH SAFETY SYSTEMS @ EXCAVATE. OVER 5' 0 0 INCL. 0.00 0 1 09.D REMOVE OR PLUG INACTIVE OR ABANDONED UTILITIES 0 0 INCL 0.00 0 I SURFACE DEWATERING 0 0 INCL. 0~00 0 201.D.1 WELL GRADED SAND FILL FOR STRUCTURES & WALKS 0 0 INCL 0.00 0 3.04 ROCK REMOVAL 0 0 INCL 0.00 0 305A REMOV. DELETERIOUS MATERIAL 5' OUT OF BLDG 0 0 NOT INCLUDED 0.00 O .C SURFACE AND UTILITY DEMOLITION 0 0 INCL 0.00 0 I REPLACE UNSUITABLE SOIL 0 0 NOT INCLUDED 0.00 0 .H REMOVE EXCESS MATERIAL 0 0 INCL 0.00 0 3.06A 1 PLACE Fill IN 12" LIFTS 0 0 INCL. 0.00 0 307A PLACE TOPSOIL @ PLANTING & SOD AREAS 0 0 INCL. 0.09 0 309.A GRADETOWlTHIN 1 ' 0 0 iNCL. 0.00 0 311 D.I TESTING BY OWNER 0 0 INCL. 0.00 0 TEMPORARY LIMEROCK CRANE ROAD 0 0 INCL. 0.00 0 02320 EXCAVATING, BACKFILLING & COMPACTING FOR UTILITIES 0 0 INCL. 0.00 0 1 02.A EXCAVATE FROM WITHIN 5' OF BUILDING TO CITY UTILITIES 0 0 INCL. 0.00 0 1 0B.B TRENCH SAFETY SYSTEMS @ EXCAVATE. OVER 5' 0 0 INCL. 0.00 0 2.01A BEDDING MATERIALS 0 0 INCL. 0.00 0 .B ADDiTiONAL BACKFILL MATERIAL 0 0 INCL. 0.00 0 3.03.L REMOVE LUMPED SUBSOIL & ROCK 0 0 INCL. 0.00 0 ,N REMOVE EXCESS MATERIAL FROM SITE 0 0 INCL. 0.00 0 3.04.C DEWATERING 0 0 INCL. 0.00 0 306.A BACKFILL AND GRADE TRENCHES 0 0 INCL. 0.00 0 JAMES A. CUMMINGS, INC. AVENTURA GOVERNMENT CENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA ARCHITECT: MICHAEL A. BHIFF AND ASSOCIATES GUARANTEED MAXIMUM PRICE ESTIMATE: NOVEMBER 30, t998 TOTAL 78598 S.F. TOTAL ITEM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME 11130198 S/S.F. 1017/98 DIFFERENCE 3 08 E.1 TESTING BY OWNER 0 0 0 INC~. 0 0.00 0 0 3.09.A REMOVAL OF UNSUITABLE SOIL 0 0 0 INCL 0 0.00 0 0 3.10.S INSTALLATION OF PIPE UNDER WATER 0 0 O INCL 0 0.00 0 0 3 11 .A RESTORE PAVED & GRASSED AREAS DISTURBED 0 0 0 INCL. 0 0.00 0 0 0 0 0 0 0.00 0 4. 02360 SOIL TREATMENT 0 5,341 5,34t ECOTECH 5,341 0.07 6,135 (794) 1.11 A 5 YEAR WARRANTY 0 0 0 INCL 0 0.00 0 C ANNUAL WRITTEN REPORT 0 0 0 INCL 0 0.00 0 D WARRANTY RENEWABLE FOR ADDITIONAL 5 YEARS 0 0 0 INCL 0 0,00 0 0 0 0 0 0,00 0 5. NO SPEC AUGER CAST PILING 0 140,060 140,860 HJ FOUNDATION 140,860 1.79 306,530 (165,67( LAYOUT AND AS-BUILTS 0 0 INCL IN G.C'S 0.00 16" DIAMETER * 30' LONG 0 0 INCL. 0.00 0 0 0.00 6. DIV,2 UTILITIES 0 0 INCL IN SITE CLEARING 0.00 02510 WATER DISTRIBUTION 0 0 INCL IN SITE CLEARING 0.00 DRWGS RELOCATE FiRE HYDRANTS 0 0 INCL IN SITE CLEARING 0,00 DRWGS RESET EXISTING FIRE HYDRANTS 0 0 INCL IN SITE CLEARING 0.00 DRWGS REPAINT EXISTING FIRE HYDRANTS 0 0 INCL. IN SITE CLEARING 0,00 106.B LAYOUT AND AS-BUILTS 0 0 INCL. IN SITE CLEARING 0,00 201 A MIN. WORKING PRESSURE 150 PSI (200 PSI FOR FIRE MAIN) 0 0 INCL IN SITE CLEAR(NG 0,00 205A DRY BARREL TYPE FIRE HYDRANTS 0 0 INCL IN SITE CLEARING 0.00 C HOSE AND STEAMER CONNECTION 0 0 INCL. IN SITE CLEARING 0,00 D PAINT FIRE HYDRANTS W/2 COATS ENAMEL 0 0 INCL IN SITE CLEARING 0,00 2.06 BEDDING MATERIALS 0 0 INCL IN SITE CLEARING 0.00 2.07.B CAST IRON VALVE BOXES 0 0 INCL. IN SITE CLEARING 0,00 .E TAPPING SLEEVES AND VALVES 0 0 INCL. IN SITE CLEARING 0,00 304B DEWATERING 0 0 INCL IN SITE CLEARING 0.00 306.D RESTRAINED ENDS OR THRUST BLOCKS 0 0 INCL IN SITE CLEARING 0,00 F DUCTILE IRON PIPE 0 0 INCL. IN SITE CLEARING 0,00 .G TRACEWIRE 0 0 INCL IN SITE CLEARING 0,00 3.09.A RESTORE EXISTING SURFACES 0 0 INCL. IN SITE CLEARING 0,00 3.10.A STAKE END OF WATER SERVICE 0 0 INCL IN SITE CLEARING 0.00 3.11 C TESTINGAND STERILIZATION 0 0 INCL IN SITE CLEARING 0.00 BACKFLOW PREVENTER 0 0 INCL. IN SITE CLEARING 0.00 TIE-IN TO EXISTING 0 0 INCL IN SITE CLEARING 0.00 025t I DISINFECTION OF WATER DISTRIBUTION 0 0 INCL IN SITE CLEARING 0.00 1.00.A WATER TREATMENT FIRM W/3 YRS. EXPERIENCE 0 0 INCL. IN SITE CLEARING 0.00 201 .A LIQUID CHLORINE 0 0 INCL. IN SITE CLEARING 0.00 302.C DISINFECT SYSTEM FOR 24 HOURS 0 0 INCL IN SITE CLEARING 0.00 02535 SITE SANITARY SEWERAGE LINES 0 0 INCL. IN SITE CLEARING 0.00 1.02C MANHOLES AND CLEANOUT ACCESSORIES 0 0 INCL IN SITE CLEARING 0.00 1 06B LAYOUT AND AS-BUILTS 0 0 INCL. IN SITE CLEARING 0.00 201.A PUC PIPE 0 0 ~NCL. IN SITE CLEARING 2.02B TRACE WIRE 0 0 INCL. IN SITE CLEARING 0.00 3 05A DEWATERING 0 0 INCL IN SITE CLEARING 0.00 3.07.B FINE FILTER AGGREGATE BED 0 0 ~NCL IN SITE CLEARING 0.00 E CONNECT TO EXISTING 0 0 INCL. IN SITE CLEARING 0.00 308.A SURFACE RESTORATION 0 0 iNCL IN SITE CLEARING 0.00 309A STAKE END OF SERVICE 0 0 INCL. IN SITE CLEARING 0.00 310E INFILTRATION & EXFILTRATION TESTING 0 0 INCL. IN SITE CLEARING 0.00 JAMES A. CUMMINGS, iNC. AVENTURAGOVERNMENTCENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA ARCHITECT: MICHAEL A. SHIFF AND ASSOCIATES GUARANTEED MAXIMUM PRICE ESTIMATE: NOVEMBER 30, 1998 TOTAL 78598 S.F. TOTAL ITEM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME 11130/98 $/S.F. 10,'7/98 DIFFERENCE F LAMPING 0 0 0 ~NCLi~N SITE CLEARING 0 0,00 G T.V INSPECTION BY CONTRACTOR 0 0 0 INCL IN SITE CLEARING 0 0.00 02630 STORM DRAINAGE 0 0 0 INCL IN SITE CLEARING 0 0.00 1.05.B LAYOUT AND AS-BUILTS 0 0 0 INCL. IN SITE CLEARING 0 0.00 2 01 A REINFORCED CONCRETE PIPE 0 0 0 INCL IN SITE CLEARING 0 0.00 203 CATCH BASINS 0 0 0 INCL. IN SITE CLEARING 0 0.00 2.04.B 1 FILTER AGGREGATE 0 0 0 INCL. IN SITE CLEARING 0 0,00 303A 5 REMOVAL OF UNSUITABLE SOIL 0 0 0 INCL. IN SITE CLEARING 0 0,00 3.07.B 4" PIPE BEDDING 0 0 INCL. IN SITE CLEARING 0 0.00 309.A REPAIR EXISTING SURFACES 0 0 INCL IN SITE CLEARING 0 0.00 DRWGS DISCHARGE WELLS 0 0 INCL IN SITE CLEARING 0 0.09 DRWGS GREASE INTERCEPTORS 0 0 INCL IN SITE CLEARING 0 0.00 RUN ROOF DRAINS TO CATCH BASINS 0 0 INCL IN SITE CLEARING 0 0.00 LAMPING 0 0 INCL IN SITE CLEARING 0 0.00 DEWATERING 0 0 INCL IN SITE CLEARING 0 0.00 0 0 0 0,00 7. 02743 BITUMINOUS CONCRETE PAVING 0 0 INCL iN SITE CLEARING 0 0.00 2 01 A 2 LIMEROCK BASE COURSE 0 0 INCL IN SITE CLEARING 0 0.00 4 TACK COAT 0 0 INCL iN SITE CLEARING 0 0.00 .5 TYPE S-Ill ASPHALTIC CONCRETE 0 0 INCL IN SITE CLEARING 0 0.00 C PRECAST CONCRETE WHEEL BUMPERS 0 0 INCL IN SITE CLEARING 0 0.00 D SIGNS 0 0 INCL. IN SITE CLEARING 0 0.00 3.01 .A OFF-SITE PAVING TO MEET STATE, COUNTY & CITY ORD 0 0 INCL IN SITE CLEARING 0 0.00 .C PATCH EXISTING PAVING 0 0 INCL IN SITE CLEARING 0 0,00 3 03 A4 STABALIZED SUBGRADE = LBR 40 0 0 INCL IN SITE CLEARING 0 0.00 .B.1 CONFORM TO SECTION 200 FDOT 0 0 INCL iN SITE CLEARING 0 0,00 C2 1 GALLONS OF PRIME COAT PER 10 SQ. YDS 0 0 INCL IN SITE CLEARING 9 0,90 .D.2 2 GALLONS TACK COAT PER 10 SQ YDS 0 0 INCL iN SITE CLEARING 0 0.00 .E.I 2 LAYERS OF ASPHALT 3/4" THICK EACH 0 0 INCL IN SITE CLEARING 0 0.00 304 A 9" LIMEROCK BASE COURSE FOR PAVEMENT RESTORATIO 0 0 INCL iN SITE CLEARING 0 0.00 .D TYPE S-61 ASPHALTIC CONCRETE 1-1/2" THICK @ RESTORA 0 0 INCL iN SITE CLEARING 0 0.00 3 05 TRAFFIC PAINT 0 0 INCL IN SITE CLEARING 0 309A BARRICADES 0 0 INCL IN SITE CLEARING 0 9.09 LAYOUT AND AS-BUILTS 0 0 INCL iN SITE CLEARING 0 0.00 BORINGS GEOGRID BELOW PAVING 0 0 INCL IN SITE CLEARING 0 0.00 02753 PORTLAND CEMENT CONCRETE PAVEMENT 0 0 J.AC 0 0.00 I 02 A SIDEWALKS, CURBS, GUTTERS AND STREETS 0 0 JA.C. 0 0.00 SEE SITE CONCRETE WINDOW 32,004 77,168 13,507 122,679 J.A.C 152,192 1.94 77,105 75,097 2.02.B 6X6 W2.gXW2.9 WELDED WIRE MESH 0 0 0 0 J.A.C 0 0.00 0 0 2.05.B 3000 PS,I CONCRETE 0 0 0 0 J A.C 0 0.00 0 0 D USE AIR ENTRAINING ADMIXTURE @ EXPOSED TO EXTERIO 0 0 0 0 J.A.C. 0 0.00 0 0 3.05.A EXPANSION & CONTROL JOINTS 20' O C 0 0 0 0 J.A.C 0 0.00 0 0 B SAWCUT JOINTS 5' CC 0 0 0 0 J.A.C 0 0.00 0 0 307.D CURING COMPOUND 0 0 0 0 J.A.C. 0 0.00 0 0 DRWGS. PERIMETER SITE WALL 0 0 0 0 J.A.C. 0 0~00 0 0 DRWGS WHEELSTOPS @ SECURE PARKING 0 0 0 0 INCL. IN SITEWORK 0 0.00 0 0 0 0 0 0 0 0.00 0 0 8. 02810 IRRIGATION SYSTEM 0 0 15,829 15,829 WOODY AND RAY t5,829 0.20 15,829 0 1.07.B AS-BUILTS 0 0 0 0 INCL 0 O.00 0 0 I 08 B PROVIDE OPERATIONS, MAiNT, AND PARTS MANUALS 0 0 0 0 INCL 0 0.00 0 0 1 09A 3 YEARS EXPERIENCE 0 0 0 0 INCL. 0 9.00 0 0 JAMES A. CUMMINGS, INC. AVENTURA GOVERNMENT CENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA ARCHITECT: MICHAEL A. SHIFF AND ASSOCIATES GUARANTEED MAXIMUM PRICE ESTIMATE: NOVEMBER 30, 1998 TOTAL 78598 S.F. TOTAL ITEM SECTION DESCRIPTION MATERIAL LABOR SUB TOT/~ SUBCONTRACTORS NAME 11/30198 $/S.F. t0/7/98 DIFFERENCE 1.14 EXfR~ M~ERiALS 0 INCL 0 0.00 o 2.02A GALVIZED SCHEDULE 40 STEEL PIPE 0 INCL. 0 0.00 0 B PVC SCHEDULE 40 PIPE 0 tNCL 0 0.00 0 D PVC SCHEDULE 40 PIPE SLEEVES 0 INCL. 0 0,00 0 2.03A RAINBIRD SPRINKLER HEADS 0 INCL. 0 0.00 0 2.05A GATE VALVES 0 INCL 0 0.00 0 B ELECTRONIC CONTROL VALVES 0 INCL. 0 0.00 0 .C VALVE BOXES AND COVERS 0 INCL. 0 0.00 0 2.06.A ELECTROMECHANICAL CONTROLLER 0 INCL 0 0.00 0 B RAIN SWITCH 0 INCL 0 0.00 0 .C COLOR CODED DIRECT BURIAL WIRE 0 INCL 0 0.00 0 207.B PUMP WITH FIBERGLASS ENCLOSURE 0 NOT SHOWN NOT INCLUDED 0 0.00 0 3 04C2 INSTALL SLEEVES UNDER SIDEWALKS 0 INCL 0 0.09 0 G PAINT EXPOSED FITTINGS & PIPE BLACK 0 INCL 0 0.00 0 H 3 INSTALL SPARE WIRES TO CAPPED STUB-OUTS 0 INCL. 0 0.00 0 J MARK VALVES W/NEOPRENE VALVE MARKERS 0 INCL 0 0.00 0 3 09B INSTRUCT OWNERS PERSONNEL ON OPERATION 0 INCL 0 0,00 0 DRWGS BACKFLOW PREVENTER 0 INCL. 0 0.00 0 02900 LANDSCAPING 0 82,939 62,939 LANDSCAPE SERVICES/BONDED 82,939 t.06 64,836 t8,103 106.C MAINTENANCE iNSTRUCTIONS 0 INCL. 0.00 0 1 07.A-C 5 YEARS EXPERIENCE 0 INCL. 0.00 0 113B 90 DAY SOD WARRANTY 0 INCL. 0,00 0 C 1 YEAR PLANT WARRANTY 0 INCL 0,00 0 .3 2 WARRANTY/MAINTENANCE INSPECTIONS 0 INCL. 0,00 0 1 14B 3 MONTH MAINTENANCE PERIOD 0 INCL. 0.00 0 2.01 .B PLANTING SOIL 0 INCL 0,00 0 202.A FLORIDA NO. 1 PLANT MATERIALS 0 INCL 0,00 0 203 A ST AUGUSTINE "FLORATAM" SOD 0 INCL. 0,00 0 204G FERTILIZER 0 INCL. 0.00 0 2.05.A SHREDDED HARDWOOD MULCH (NO CYPRESS OR MELALE 0 CYPRESS MULCH INCL 0,00 0 2 06 A GUYING AND STAKING 0 INCL. 0,00 B EDGING 0 INCL 0.00 0 C GRAVEL 0 INCL 0.00 0 D BIOBARRIER ROOT CONTROL SYSTEM 0 INCL 0,00 0 2.07.A SOIL TESTS AND ANALYSIS 0 INCL. 0.00 0 302D BARRICADE TREES TO REMAIN 0 INCL 0,00 0 3.04.A 2" TOPSOIL 0 INCL 0.00 0 B FINE GRADE TOPSOIL 0 INCL 0.00 0 306 I HAND WATERING 0 INCL 0.00 0 .J PRUNING 0 INCL. 0,00 0 K WEEDING 0 INCL 0,00 0 3.07.B 1 FILL SOD CRACKS W/SIFTED SOIL 0 INCL. 0,00 0 .6 ROLL SOD 0 INCL. 0,00 0 3.08B CUT SOD EVERY 2 WEEKS 0 INCL 0,00 0 0 0.00 0 9. NO SPEC FENCES AND GATES 0 3,660 3,860 FENCEMASTERS 3,860 0.05 2,375 1,485 FENCE AT BIKE STORAGE 0 0 0 INCL. 0 0.00 0 0 DUMPSTER AND GENERATOR GATES 0 0 0 INCL. 0 0.00 0 0 0 0 0 0 0,00 0 0 t0. 03100 CONCRETE FORMS AND ACCESSORIES 0 0 0 JAC. 0 0.00 0 0 SEE CONCRETE FORMWORK WINDOW 146,460 408,579 174,300 729,438 JA.C. 894,243 1t.29 91~,988 (27,345) JAMES A. CUMMINGS, INC. AVENTURA GOVERNMENT CENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA ARCHITECT: MICHAEL A. SHIFF AND ASSOCIATES GUARANTEED MAXIMUM PRICE ESTIMATE: NOVEMBER 30, 1998 TOTAL 78598 S.F. TOTAL ITEM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME 11/30/98 $1S.F. 10/7190 DIFFERENCE 1~7 C ~iGN~D~ND SEALED SHOP DRAWINGS 0 0 0 J.A.C. 0,00 0 0 1.03A FORMWORK iN ACCORDANCE W/ACl 301 AND 347 0 0 0 J.AC 0.00 0 0 B TOLERENCES IN ACCORDAMCE W/AC1347 0 0 0 J.AC. 0.00 0 0 1 10 SAMPLE FORMWORK PANEL FOR ARCH. CONCRETE 0 0 0 JA.C 0.00 0 0 2 01 A MD.O. PLYWOOD 0 0 0 J.A.C 0,00 0 0 202 PREFABRICATED FORMS 0 0 0 JAC. 0.00 0 0 3.02.A EARTH FORMS NOT PERMI~FED 0 0 0 JA.C 0.00 0 0 3 06 B SET EMBEDS 0 0 0 J.AC. 0,00 0 0 E CLEANOUTS 0 0 0 J.AC. 0,00 0 0 3.08A MAINTAIN FORMWORK TOLERENCES IN ACCORDANCE W/A 0 0 0 J A.C 0.00 0 0 03151 EXPANSION AND CONTRACTION JOINTS 0 0 0 J.A C. 0.00 0 0 202A GREENSTREAK WATERSTOP 0 0 0 JA.C 0.00 0 0 C METAL KEYED CONTROL JOINTS 0 0 0 JAC 0.00 0 0 E BITUMINOUS IMPREGNATED FIBERBOARD JOINT FILLER 0 0 0 JA.C. 0.00 0 0 303 E FILL CONTROL JOINTS W/SEALANT 0 0 0 JAC. 0.00 0 0 03300 CAST-IN-PLACE CONCRETE 0 0 0 JA.C 0.00 0 0 SEE CONCRETE MATERIAL WINDOW 368.327 31,482 7,203 407,093 JAC 442,226 5.63 432,288 9,938 201 .A TYPE Il PORTLAND CEMENT 0 0 J AC. 0 0.00 0 0 203B 6 MIL VAPOR BARRIER 0 0 J.A.C 0 0.00 0 204D USE CLASS C CONCRETE UNLESS NOTED OTHERWISE ON 0 0 JA C 0 0.00 0 0 204G1 5000 P.SI CONCRETE W/.40 W/C RATIO 0 0 5000 PSI CONC NOT INCLUDED 5 0.00 0 0 2 4000 PSi CONCRETE W/.45 W/C/RATIO 0 0 JAC. 0 0,00 0 0 3.03.A PLACE CONCRETE IN ACCORDANCE W/AC1301 0 0 J.A.C 0 0.00 0 0 D TAPE VAPOR BARRIER JOINTS 0 0 JAC. 0 0.00 0 J SAWCUT JOINTS 0 0 J.AC. 0 0,00 0 0 M SLAMS 1/4" IN 10' 0 0 J.AC 0 0.00 0 0 R3 MAXIMUM CONCRETE TEMP = 95 DEGREES 0 0 J.AC 0 0.00 0 0 DRWGS LIGHTWEIGHT CONC @ PLAZA & BALCONIES 0 0 J AC. 0 0.00 0 0 03350 CONCRETE FINISHING 0 0 J.A.C. 0 0.00 0 0 SEE CONCRETE FINISHES WtNDOW 12,752 35,632 62,820 111,203 J.A.C 124,699 1.89 112,860 11,939 1.08.A 3 YEARS EXPERIENCE 0 0 0 JA C. 0 0,00 0 0 3.03A FINISH FLOOR SURFACES IN ACCORDANCE W/AC1301 0 0 0 JA.C. 0 0,00 0 0 3.06 C.1 FLOOR & ROOF SLABS = 1/8" IN 10' 0 0 0 JA.C 0 0,00 0 0 307A DRY SHAKE HARDENER @ ELECT., MECH, & STORAGE HOC 0 5,000 5,000 J.A C. 5,000 0,06 0 5,000 B SLIP-RESISTENT COATING @ SERVICE CORRIDORS & WET 0 0 JA.C. 0 0,00 0 0 C SEALER WHERE INDICATED ON DRAW~N GS 0 0 JA C. 0 0,00 0 0 3.08A FLOOR FLATNESS = 1/4" IN 10' 0 0 J.A.C. 0 0,00 0 0 DRWGS SANDBLASTCONCRETE COLUMNS 0 0 JAC. 0 0,00 0 0 03390 CONCRETE CURING 0 0 J.A C 0 0.00 0 0 3.02.A 2 COATS CURING COMPOUND @ FLOORS 0 0 J.A.C. 0 0.00 0 0 3.03.B 2 COATS CURING COMPOUND @ VERTICAL SURFACES 0 0 J.A.C 0 0.00 0 0 03470 TILTAJP PRECAST CONCRETE 0 0 JA.C. 0 0.00 0 0 SEE TILT-UP WINDOW 97,108 43,581 93,797 234,486 JA,C. 256~92 3.26 248,866 9,426 1 06C SIGNED AND SEALED SHOP DRAWINGS 0 0 0 0 J.A.C 0 0.00 0 0 1 0SA 3 YEARS EXPERIENCE 0 0 0 0 J.AC. 0 0,00 0 0 1.09.B MOCK-UP PANEL 0 0 0 0 JA.C. 0 0,00 0 0 2 01 A CONCRETE COLOR AS SELECTED 0 0 0 0 J.AC. 0 0,00 0 0 2.03 FORM LINERS 0 0 0 0 J.A.C 0 0,00 0 0 206 A 4000 P.SI. CONCRETE 0 0 0 0 J.AC 0 0,00 0 0 3.04.C SANDBLAST FINISH 0 0 0 0 JA.C. 0 0.00 0 0 3.07G GROUT PANELS 0 0 0 0 J.A.C. 0 0.00 0 0 JAMES A. CUMMINGS, INC. AVENTURA GOVERNMENT CENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA ARCHITECT: MICHAEL A, SHIFF AND ASSOCIATES GUARANTEED MAXIMUM PRICE ESTIMATE: NOVEMBER 30, 1998 TOTAL 78598 S.F. TOTAL ITEM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME 11130/98 $/S.F. 10F/158 DIFFERENCE DRWGS RECESSED LE~ERS 0 0 0 0 J.A.C 0 0.00 0 0 DRWGS REGLET FOR CAP & CLOSURES 0 0 0 0 J AC. 0 0,00 0 0 0 0 0 0 J.A.C 0 0,05 0 0 11. 03200 CONCRETE REINFORCEMENT 0 0 0 O J.AC 0 0,00 0 0 03380 POST TENSIONED CONCRETE 0 0 0 0 JA.C. 0 0.00 0 0 WELDED WIRE MESH MATERIAL 1,400 0 0 1,400 AMERISTEEL t,491 0.02 1,416 75 REBAR MATERIAL 246,180 0 0 246,180 AMERISTEEL 262,182 3.34 200,380 61,802 POST TENSIONING MATERIAL 51,738 0 0 51,738 SUNCOAST POST TENSION 55,101 0.70 46,017 9,084 WELDED WIRE MESH LABOR 0 0 1,200 1,200 APOLLO 1,200 0.02 1,140 60 REBAR LABOR 0 0 134,940 134,940 APOLLO 134,940 1.72 98,020 36,920 POST TENSIONING LABOR 0 0 32,716 32,716 APOLLO 32,716 0.42 29,990 2,726 SUPPORTS ON GRADE 500 0 0 500 J AC. 533 0,01 533 0 O 0 0 0 0.00 0 0 12, 03415 PRECAST PRESTRESSED SECTIONS 0 358.750 358,750 SULA CONST/BONDED 358,750 4,56 371~486 (12,736) 1.06B SIGNED AND SEALED SHOP DRAWINGS 0 INCL 0 0.00 0 F SIGNED AND SEALED CALCULATIONS O INCL. 0 O.00 0 G SIGNED AND SEALED SHORING DRAWINGS 0 INCL 0 0,00 0 1 08.A 5 YEARS EXPERIENCE 0 INCL. 5 O.00 O 203.A CONNECTING AND SUPPORTING DEVICES O INCL. O 0.00 0 SOFFIT BEAMS 0 INCL 0 0.OO 0 PRECAST JOISTS 0 INCL 0 5.00 0 0 0 0.00 0 13. NO SPEC ARCHITECTURAL PRECAST CONCRETE 32.518 16.250 48,768 STONEWARE 56,655 0.72 79,572 (22,915) PRECAST PLANTERS AND BENCHES 0 0 0 INCL 0 0,00 0 0 FIBERGLASS LINER 0 0 0 NOT REQUIRED NOT INCLUDED 0 0.00 0 0 BUFF COLORED 0 0 0 INCL. 0 0.00 0 0 PRECAST TREADS AND RISERS 0 0 64,934 64,934 ARTISTIC SURFACES/BONDED 64,934 0.83 101,475 (36,541) TREADS @ STAIR #1 0 0 0 0 INCL. 0 0.00 0 0 TREADS @ STAIR #5 0 0 0 0 INCL. 0 0.00 0 0 PRECAST CONCRETE BOLLARDS 0 0 0 0 NCL. IN ARCHITECTURAL PRECAST 0 0.00 0 0 AT DROP OFF LOOP 0 0 0 0 NCL. IN ARCHITECTURAL PRECAST 0 0.00 0 0 0 0 0 0 0 0.00 0 0 t4. 03523 LIGH~'EIGHT INSULATING CONCRETE ROOF DECK 0 0 43,300 43,300 LATITE/BONDED 43,300 0.55 29,903 17,397 1.05D IN COMPLIANCE W/1-90 UPLIFT RESISTENCE 0 0 INCL. 0 0.00 0 0 1 07.B 3 YEARS EXPERIENCE 0 0 INCL 0 0.00 0 0 1.10A 10 YEAR MAN U FACTURERS WARRANTY 0 0 INCL 0 0.00 0 0 I 10.C 20 YEAR ROOFING MANUFACTURERS SYSTEM WARRANTY 0 0 INCL 0 0.00 0 0 2.02A SIPLAST "NVS ROOF INSULATION SYSTEM" 0 0 INCL. 0 0.00 0 0 B SIPLAST "NVS CONCRETE AGGREGATE" 0 0 INCL. 0 0.00 0 0 203A SIPLAST "INSULPERM" INSULATION 0 0 iNCL. 0 0.00 0 0 3.02C INSULATION CAN BE STAIR STEPPED 0 O INCL. 0 0.00 0 0 D MINIMUM 1" INSULATING CONCRETE 0 0 INCL 0 0.00 0 0 G SLOPE 1/4" PER 10' 0 0 INCL. 0 0.00 0 0 0 0 0 0.00 0 0 15. 04310 SINGLE WYTHE MASON RY SYSTEM 0 0 120,705 120~785 CENTRAL BROWARD/BONDED 120,785 1.54 112,000 8,785 1 09.A INSTALLER W/3 YEARS EXPERIENCE 0 0 0 0 INCL 0 0.00 202.H ASTM C476 GROUT 0 0 0 0 INCL IN CONRETE 0 0,00 204A TRUSS TYPE JOINT REINFORCEMENT 0 6 0 0 INCL 0 .C CORRUGATED WALL TIES 0 0 0 0 INCL 0 0.00 D DOVETAIL ANCHORS 0 0 0 0 INCL. 0 0.00 2.06.A 24 GAGE GALVINIZED FLASHING 0 0 0 0 INCL. 0 0.00 JAMES A. CUMMINGS, INC. AVENTURAGOVERNMENTCENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA ARCHITECT: MICHAEL A. SHiFF AND ASSOCIATES GUARANTEED MAXIMUM PRICE ESTIMATE: NOVEMBER 30, 1998 TOTAL 78598 S.F. TOTAL ITEM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL SUSCONTRACTORS NAME 11130198 SIS,F, 10/7/98 DIFFERENCE 207 ACCESSORIES 0 0 0 INCL 0.00 0 0 205A PRECAST LINTELS 0 0 0 INCL 0.00 0 0 302.B TEMPORARY BRACING 0 0 0 INCL 0,00 0 0 303 C FLUSH MORTOR JOINTS 0 0 0 INCL 0,00 0 0 3.04.J COMPRESSIBLE FILLER @ WALL TOPS 0 0 0 INCL 0,00 0 0 K INSPECTION HOLES 0 0 0 INCL 0,00 0 0 308C GROUT DOOR FRAMES 0 0 0 INCL 0,00 0 0 0 0 O 0,00 0 0 16. 04450 CUT STONE VENEER 0 321,650 321,650 JAG MARBLE/BONDED 321,650 4.09 394,998 (73,348) 1 09A FABRICATOR Wi 10 YRS EXPERIENCE 0 0 INCL 0.00 0 0 B INSTALLER W/5 YRS EXPERIENCE 0 0 INCL 0.09 0 0 110B CONSTRUCT MOCK-UP PANEL 0 0 INCL 0.00 0 0 202.A CUT INDIANA OOLITIC LIMESTONE-BUFF 0 0 INCL 0.00 0 0 203A GREY PORTLAND CEMENT FOR MORTAR 0 0 INCL 0.0O 0 0 .E ADD MORTAR COLOR PER MANUF. REC 0 0 INCL 0,00 0 204 A STAINLESS STEEL WALL TIES 0 0 INCL 0.00 0 0 2.04E 10 MIL THROUGH WALL FLASHING 0 0 INCL 0,00 0 0 F POLY TUBING FOR WEEP HOLES 0 0 INCL 0,00 0 0 ALT STONE 2" THICK 0 0 INCL (ACCEPTED ALTERNATE) 0.00 0 0 302.B BACK COATING MATERIAL 0 0 INCL 0.00 0 3 07.A FILL JOINTS W/POINTING MORTAR 0 0 INCL 0,00 0 0 DRWGS. STONE CAP 0 0 INCL 0,00 0 0 DRWGS. 2" GROUT 0 0 INCL, 0.00 0 0 ORWGS EPOXY DOWEL!5 FOR STONE CAP 0 0 INCL 0.00 0 0 DRWGS STONE SASE @ CHAMBER 0 0 INCL 0.00 0 0 0 0 0.00 0 0 17. 05120 STRUCTURAL STEEL 0 514.080 514,080 METTALIC/BONDED 514,080 6.54 517,064 (2,984) 1 07A FABRICATOR W/3 YRS EXPERIENCE 0 0 0 INCL 0.00 0 S ERECTOR W! 3 YRS EXPERIENCE 0 0 0 INCL 0.00 0 201 .I RED OXIDE SHOP AND TOUCH-UP PRIMER 0 0 0 INCL. 0.00 0 2 03B SHOP PRIME STRUCTURAL STEEL MEMBERS 0 0 0 INCL 0.00 0 3.02.E TOUCH*UP WELDS & ABRADED SURFACES 0 0 0 iNCL 0.00 0 .F GROUT SASEPLATES 0 0 0 INCL IN CONCRETE 0,00 0 STEEL COLUMNS @ CHAMBER WINDOWS 0 0 0 INCL 0,00 0 STEEL STRINGER & CHANNELS @ STAIR #2 0 0 0 INCL. 0.00 0 STEEL BEAMS @ LOBBY WINDOW WALL & EMBEDS 0 0 0 INCL 0.00 0 05500 METAL FABRICATIONS 0 0 0 INCL 0,00 2 03 A I COAT PRIMER 0 0 0 INCL 0.00 0 305 D STEEL WALL LADDERS 0 0 0 INCL 0.00 .E BOLLARDS 0 0 0 INCL 0.00 0 G LEDGE AND SHELF ANGLES 0 0 0 INCL. 0.O0 0 .H LINTELS 0 0 0 INCL. 0.00 0 DRWGS CORNER GUARDS 0 0 0 INCL 0.00 0 DRWGS STEEL ENTRY CANOPY 0 0 0 INCL. 0.00 0 DRWGS SOLLARDS @ SALLYPORT 0 0 0 INCL. 0.00 0 DRWGS. ALUMINUM HANDRAILS 0 0 0 INCL. 0.00 0 DRWGS. GALVANIZED HANDRAILS 0 0 0 INCL. 0,00 0 DRWGS PiPE COLUMNS AT CHAMBER LOBBY 0 0 0 INCL. 0.00 0 DRWGS. DECORATIVE METAL HANDRAIL 0 0 0 INCL. 0.00 0 DRWGS. PRE-FINISHED LADDERS AT PENTHOUSES 0 0 0 INCL. 0,00 0 DRWGS. EMBEDS OTHER THAN WINDOWWALL 0 0 0 INCL. 0.00 0 JAMES A. CUMMINGS, INC, AVENTURA GOVERNMENT CENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA ARCHITECT: MICHAEL A. SHIFF AND AS$OC~.ATES GUARANTEED MAXIMUM PRICE ESTIMATE: NOVEMEER 30, 1999 TOTAL 78598 S.F. TOTAL ITEM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME 11130198 $/S.F. 10/7/98 DIFFERENCE DRWGS SUPPORTS FOR FOLDING PARTITION & STG CURTAIN 0 0 0 0 INCL. 0 0.00 o 0 DRWGS. WINDOWWALL EMBEDS 0 0 0 0 IN ENTRANCES AND STOREFRONT 0 0.00 0 0 DRWGS. GALVANIZED SHELF ANGLES 0 0 0 0 INCL 9 0.09 0 0 DRWGS. S.S. WALL PANELS ~ E.W.C. #203 0 0 0 0 INCL. 0 0.00 4,000 (4.000) ALUMINUM NOSINGS ~ PAN STAIRS 0 2,805 4,350 7,155 G C BUILDING PRODUCTS/JAC 5,192 0.10 4,350 3,802 05512 PREFABRICATED STEEL STAIR SYSTEM 0 0 0 0 INCL. 0 0.00 0 1.06.A FACTORY ASSEMBLED 0 0 0 0 SEE QUALIFICATIONS .B WALL MOUNTED RAILINGS 0 0 0 0 INCL. 0 0.00 0 I 08.C SIGNED AND SEALED SHOP DRAWINGS 0 0 0 0 INCL. 0 0.00 0 2.03.A SHARON STAIR SYSTEMS "DROP IN STAIR' 0 0 0 0 SEE QUALIFICATIONS 0 0.00 0 2.06C 1 COAT PRIME PAINT 0 0 0 0 iNCL. 0 0.00 0 05520 HANDRAILS AND RAILINGS 0 0 0 0 ~NCL 0 0.00 1.07.C SIGNED AND SEALED SHOP DRAWINGS 0 0 0 0 INCL. 0 0.00 0 1 08 A MANUFACTURER WI 3 YRS. EXPERIENCE 0 0 0 0 INCL. 0 0.90 0 B INSTALLER W/3 YRS. EXPERIENCE 0 0 0 0 INCL. 0 0.00 0 2.01 A SCHEDULE 80 STEEL PIPE RAILING 0 0 0 0 INCL. 0 0.00 0 G GALVANIZED W/TOUCH-UP 0 0 0 0 INCL. 0 0.00 0 0 0 0 0 0 0.00 0 NO SPEC EXPANSION JOINT COVERS 0 0 0 0 NOT SHOWN NOT INCLUDED 0 0.00 0 0 0 0 0 0 0.00 0 18. 06100 ROUGH CARPENTRY 0 0 0 0 J.A.C. 0 0.00 0 SEE ROUGH CARPENTRY WINDOW 15,674 16,234 0 31.908 INCL. 38,698 0.49 38,698 DRWGS. TELEPHONE BACK BOARDS 0 0 0 0 INCL 0 0.00 DRWGS. RAISED FLOOR ~ PROJECTION BOOTH A4.1 0 0 0 0 INCL. 0 0.00 0 DRWGS. RAISED FLOOR @ STAGEA41 0 0 0 0 INCL. 0 0.00 0 DRWGS. ROOF ELOCKING 0 0 0 0 INCL 0 0.00 0 DRWGS. WOOD CANTS 0 0 0 0 INCL. 0 0.00 0 DRWGS. PT PL"P, NOOD @ ARCH. GRILLE 4/A48 0 0 0 0 INCL. 0 0.90 0 0 0 0 0 0 0.00 0 19. 06200 FINISH CARPENTRY 0 0 293,329 203,329 MIKE KELLY AND CO. 203,329 2.59 136,668 66,661 1.05 D SAMPLES 0 0 0 0 INCL 0 0.00 0 0 1.07.A FANRrCATOR W/3 YRS. EXPERIENCE 0 0 0 5 INCL. 0 0.00 0 0 1.09.A FULL SIZE MOCK-UPS 0 0 0 0 INCL. 0 0.00 0 0 2,02.A LAMINATE AS SELECTED BY ARCHITECT 0 0 0 0 SEE QUALIFICATIONS 0 0.00 0 0 2.03.B CORIAN 0 0 0 0 SEE QUALiFICATiONS 5 0.00 0 0 2.01 .A RED OAK BASE 0 0 0 0 INCL. 0 0.00 0 0 DRWGS. PLASTIC LAMINATE STORAGE SHELVING 0 0 0 0 INCL. 0 0,00 0 0 DRWGS. CHEMICAL RESISTANT COUNTERS @ ID #128 0 0 0 0 INCL. 0 0.00 0 0 JAMES A. CUMMINGS, INC. AVENTURA GOVERNMENTCENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA ARCHITECT: MICHAEL A* SHIFF AND ASSOCIATES GUARANTEED MAX]MUM PRICE ESTIMATE: NOVEMBER 30, 1998 TOTAL 78598 S.F. TOTAL ITEM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME t~130/98 $/S,F. 18/7/98 DIFFERENCE 2.04.A& LAMINATE COLORS AS SELECTED BY ARCHITECT 0 0 0 0 SEE QUALIFICATIONS 0 0.00 0 0 2.06 J CABINET LOCKS 0 0 0 0 SEE QUALIFICATIONS 9 0.00 0 0 .K DRAWER LOCKS 0 0 0 0 SEE QUALIFICATIONS 0 0.00 ~) 0 3.03 G CAULKING 0 0 0 0 INCL. 0 0.00 0 0 0 0 0 0 0 0.00 0 20. 07132 ELASTOMERIC SHEET WATERPROOFING 0 0 75,900 75,900 COMAN 75.900 0.97 97,640 (21,740) 1.07.A MANUFSCTURER WI 5 YRS. EXPERIENCE 0 0 0 INCL. 0.90 0 0 .B INSTALLER W/3 YRS. EXPERIENCE 0 0 0 INCL. 0.00 0 ! .08.B MOCK-UP 0 0 0 INCL. 8.08 0 0 JAMES A. CUMMINGS, iNC. AVENTURA GOVERNMENT CENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLOPJDA ARCHITECT: MICHAEL A. SHIFF AND ASSOCIATES GUARANTEED MAXIMUM PRICE ESTIMATE: NOVEMBER 30,1998 TOTAL 78598 S.F. TOTAL ITEM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME 11130198 $~S.F. 10ff/98 DIFFERENCE DRWGS. ALUMINUM CAP ~ EXTERIOR WINDOW WALL 0 0 0 0 IN ENTP~J~CES AND STOREFRONT -- 0 0.00 0 0 DRWGS. PROVIDE FLASHING ~ PANEL TO PANEL JOINT 0 0 0 0 INCL. 0 0.00 0 0 ROOF ACCESSORIES 0 0 0 0 INCL. 0 0.00 0 0 0 0 0 0 0 0.00 0 0 23. 07840 FIRESTOPPING 0 0 20,750 20.750 ALLSTATES FIREPROOFING 20,750 0.26 5,000 15,750 1.08.A MANUFACTURER W/10 YRS. EXPERIENCE 0 0 0 0 0 0.00 0 0 B APPLICATOR W/3 YRS. EXPERIENCE 0 0 0 0 0 0.00 0 0 ORWGS. FIRESTOPPING AT FLOORSANINDOW WALL 0 0 0 0 IN ENTRANCES AND STOREFRONT 0 0.00 0 0 DRWGS. FIRESTOPPING @ TILT-UP 0 0 0 0 INCL. 0 0.00 0 0 INTUMESCENT F.P. @ CHAMBERS & ENT. 0 0 0 0 INCL 0 0.00 30,325 (30,325) MECH. & ELEC. SAF[NG IN DIV. 15 & 16 0 0 0 0 INCL. W/DIV,15 & 16 0 0.00 0 0 0 0 0 0 0 0.00 0 0 24. 08100 METAL DOORS AND FRAMES 0 6,275 25,840 32.115 FIREDOOR 34,346 0.44 42.167 (7.822) 1 ~06.B MANUFACTURER W/5 YRS. EXPERIENCE 0 0 0 0 INCL. 0 0.00 0 0 2.02B 14 GAGE EXTERIOR FRAMES 6 0 0 0 INCL 0 0.00 0 0 .C 16 GAGE INTERIOR FP~MES 0 0 0 0 INCL. 0 0.06 0 0 2.03.D 16 GAGE EXTERIOR DOORS & TRANSOMS 0 0 0 0 INCL. 0 0.00 0 .D 18 GAGE INTERIOR DOORS & TRANSOMS 0 0 0 0 ~NCL. 0 0.00 0 2.04.B 14 GAGE EXTERIOR WINDOW FRAMES 0 0 0 0 [NCL. 0 0.00 0 0 .C 16 GAGE INTERIOR WINDOW FRAMES 0 0 0 0 INCL. 0 0.00 0 0 2.05.A LOUVERS 0 0 0 0 INCL. 0 0.00 0 3,02 F GROUT FRAMES W/MORTAR 0 0 0 0 INCL 0 0.00 0 DRWGS. LOUVERED DOORS ~ GENERATOR @ TRANS. RMS. 0 0 0 0 INCL 0 0.00 0 0 DRWGS. WINrJOW FRAME ~ CASHIERS #417 0 0 0 0 IN ENTRANCES AND STOREFRONT 0 0.00 0 0 08211 FLUSH WOOD DOORS 0 10,290 51,650 61.940 FIREDOOR 65,598 0.83 39,761 25,837 1.07.A MANUFACTURER W/5 YRS. EXPERIENCE 0 0 0 0 INCL 0 0.00 0 0 1.11 .A MANUFACTURERS LIFETIME WARRANTY 0 0 0 0 INCL. 0 0.00 0 0 2.02A RED OAK VENEER DOORS 0 0 0 0 INCL. 0 0.00 0 0 DRWGS. RED OAK WOOD FRAMES 0 0 0 0 INCL 0 0.00 0 0 DRWGS. POCKET DOORS @ LOCKER RM. TOILETS 0 0 0 0 INCL. 0 0.00 0 0 DRWOS. BI-FOLD DOORS 0 0 0 0 INCL. 0 0.00 0 0 08701 FINISH HARDWARE ALLOWANCE 0 0 80,000 80,000 OWNER ALLOWANCE (FARREYS) 80.000 t.02 90.616 (10,616) 2.03.D KEY CONTROL SYSTEM 0 0 0 0 INCL. 0 0.00 0 0 ELECTRIC STRIKES & CONTROL PANEL @ CELL ENT. 0 0 0 0 INCL. 0 0.00 0 0 DETENTION HARDWARE 0 0 0 0 INCL. IN DETENTION EQUIPMENT 0 0.00 0 0 AT CELL DOORS 0 0 0 0 INCL. IN DETENTION EQUIPMENT 0 0.00 0 0 0 0 0 0 0 0.00 0 0 JAMES A. CUMMINGS, INC. AVENTURA GOVERNMENT CENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA ARCHITECT: MICHAEL A. SHIFF AND ASSOCIATES GUARANTEED MAXIMUM PRICE ESTIMATE: NOVEMBER 30, t998 TOTAL 78598 S.F. TOTAL iTEM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME 1'~139189 $/S.F, t0/7198 DIFFERENCE 1.08.A MANUFACTURER WI 5 YRS, EXPERIENCE 0 0 0 0 INCL. 0 0.00 0 0 JAMES A. CUMMINGS, INC. AVENTURA GOVERNMENT CENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA ARCHITECT: MICHAEL A. SHIFF AND ASSOCIATES GUARANTEED MAXIMUM PRICE ESTIMATE: NOVEMBER 30, t998 TOTAL 78598 S/F. TOTAL ITEM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME 11130198 $/S.F. t0/7/98 DIFFERENCE H.I SEAL TAPE @ WATER PIPE PENETRATIONS 0 0 0 0 INCL 0 0,00 0 0 .2 CAULKING AT WATERUNES 0 0 0 0 INCL 0 0.00 0 0 3 PARTITION PERIMETER ACOUSTICAL CAULK 0 0 0 0 INCL. 0 0.00 0 0 3.05 JOINT TREATMENT 0 0 0 0 INCL. 0 0.00 0 0 DRWGS. SUSPENDED DRYWALL DISK 0 0 0 0 INCL. 0 5.50 5 0 0 0 0 0 0 O.O0 0 0 29. 09310 CERAMIC TILE 0 0 41,000 41,000 MILES/BONDED 41,000 0.52 375,099 (334,099) 1.08.A MANUFACTURER W/10 YRS. EXPERIENCE 0 0 0 0 INCL. 0 0.BO 5 0 .B INSTALLER W/3 YRS. EXPERIENCE 0 0 0 0 INCL. 0 0.~0 5 0 I.~2.B EXTRA MATERIALS 0 0 0 0 INCL. 0 0.09 0 0 2.02.~,2 2'X2'X1/4" FLOOR TILE * GROUP 4 COLOR 0 0 0 0 INCL. 0 0.00 0 0 B.2 4-114"X4-1/4"X5116" WALL TILE 0 0 0 0 INCL. 0 0.O0 0 0 .C SETTING MATERIALS 0 0 0 0 INCL 0 0.00 0 0 .D LATEX-PORTLAND CEMENT GROUT 0 0 0 0 INCL 0 0.90 5 0 .E SHOWER RECEPTORS 0 0 0 0 INCL, 0 0.00 0 0 .G MABLE THRESHOLDS 0 0 0 0 INCL. 0 0.00 5 0 NO SPEC QUARRY TILE 0 0 7,790 7,790 MILES BONDED 7,790 0.10 O 7,790 8"X8' MUDSET 0 0 0 0 INCL 0 0.00 0 0 AT BALCONIES 0 0 0 0 INCL. 0 0.00 0 0 NO SPEC GRANITE TiLE (OWNERS ALLOWANCE) 0 0 104,500 104,500 OWNERS ALLOWANCE 104,500 1.33 0 104.500 HONED GRANITE FLOORING @ TOWER LOBBY 0 0 0 0 INCL 0 O.O0 0 0 HONED GPJ~NITE FLOORING ~ CHAMBER LOEBY 0 0 0 0 INCL. 0 0.00 0 0 4' GRANITE BASE @ GRANITE FLOORS 0 0 0 0 INCL 0 0.~0 0 0 GF[ANITE PHONE PARTITIONS 0 0 0 0 INCL. 0 9.00 0 0 GRANITE STAIRTREADS ~ STAIR#2 0 0 0 9 INCL. 0 0.00 0 0 0 0 0 0 0 0.00 0 0 JAMES A. CUMMINGS, INC. AVENTURA GOVERNMENT CENTER JAMES A. CUMMINGS, INC. AVENTURA GOVERNMENT CENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA ARCHITECT: MICHAEL A. SHIFF AND ASSOCIATES GUARANTEED MAXIMUM PRU;E ESTIMATE: NOVEMBER 30,1998 TOTAL 78598 S.F. TOTAL ITEM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME 11130198 $/S.F. 10/7198 DIFFERENCE AT ROOM 417 0 0 0 0 INCL. 0 0.00 0 0 JAMES A. CUMMINGS, INC. AVENTURA GOVERNMENT CENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA ARCHITECT: MICHAEL A, SHIFF AND ASSOCIATES GUARANTEED MAXIMUM PRICE ESTIMATE: NOVEMBER 30, 1598 TOTAL 78590 S.F, TOTAL ITEM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME 11/30198 $/S.F, 10/7198 DIFFERENCE 2 - 149 TON AIR COOLED CHILLERS 0 0 0 0 INCL. 0 0.00 0 FUME HOODS @ GLUE DRY AND ID #128 0 0 9,857 9,857 9,857 0.13 10,057 {1,000 LINEAR DIFFUSERS ~ TOWER LOBBY 0 0 0 0 INCL. 0 0,00 0 HVAC CONTROL WIRING 0 0 0 0 INCL. 0 0,00 0 PRESSURIZED STAIRWELLS 0 0 0 0 INCL. 0 0.00 0 INSTALL GEN. MUFFLER 0 0 0 0 INCL. 0 0.00 0 OPEN GROUND FLOOR VENTILATION ALLOWANCE 0 0 0 0 INCL. 0 0.00 15,000 (15,008 LIEBERT SYSTEM ~ U.P.S. ROOM ALLOWANCE 0 0 0 0 NOT REQUIRED 0 0.00 5,000 (5,008 S.S. DUCT ~ FUME HOODS 0 0 0 0 ~NCL. 0 0.00 0 FiRE SPRINKLERS 0 0 186,660 t86,660 VANCED FIRE SPRINKLER/BONDED 186,660 2.37 187,824 (1,164 SIAMESE CONNECTION 0 0 0 0 INCL. 0 0.00 0 POST INDICATOR VALVE 0 0 0 0 INCL 0 0.00 0 FIRE PUMP W/AUTO. TRANSFER SW~TCH 0 0 0 0 INCL. 0 0.00 0 JOCKEY PUMP 0 0 0 0 INCL. 0 0.00 0 0 0 0 0 0 0,00 O 40. DIV.16 ELECTRICAL 0 0 1,280,680 1~80,680 ANECO/BONDED 1,280,680 16~9 1,315,000 {34,3213 CARD READER LINKED TO OH. COILING DOOR 0 0 0 0 INCL. 0 0.00 0 EGG CRATE @ ¢~04 & 205 0 0 4,500 4,$00 ATt ~NTIC INTERIORS 4,500 0.06 4,500 LIGHT COVE @ TOWER LOBBY 0 0 0 0 INCL. 0 0.00 0 LIGHTNING PROTECTION SYSTEM 0 0 0 0 INCL. 0 0.00 0 SURGE ARRESTERS 0 0 0 0 INCL. 0 0.00 0 U PS. DISTR., CONDUIT, WIRING & DEVICES 0 0 0 0 INCL. 0 0.00 0 PREWIRED RACEWAYS FOR DATA, COMM. 0 0 0 0 INCL. 0 0.00 0 EMPTY RACEWAYS FOR SECURITY SYSTEMS 0 0 0 0 INCL. 0 0,00 0 EMPTY RACEWAY FOR SOUNDNIDEO @ CHAMBER 0 0 0 0 INCL. 0 0,00 0 CONCRETE SITE LIGHTING POLE BASES 0 0 0 O INCL IN CONCRETE 0 0.00 0 ACCENT LIGHTING ~ EXT. OF COUNCIL CHAMBERS 0 0 0 0 INCL. 0 0.00 0 WALL MOUNTED ACCENT LIGHTING @ pLAZA. 0 0 0 0 INCL. 0 0,00 0 RACEWAYS, CABLE & SUPPORTS FOR 3 ANTENNAE 0 0 0 0 INCL. 0 0.00 0 JAMES A. CUMMINGS, iNC. AVENTURA GOVERNMENT CENTER AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA ARCHITECT: MICNAEL A. SNIFF AND ASSOCIATES GUARANTEED MAXIMUM PRICE ESTIMATE: NOVEMBER 30, 1995 TOTAL 78595 S.F. TOTAL ITEM SECTION DESCRIPTION MATERIAL LABOR SUB TOTAL SUBCONTRACTORS NAME 1113019~ $/S.F. 10f7/98 DIFFERENCE CONTINGENCY 250,000 3.16 666,444 (416,444) SUBTOTAL 12,501,946 159.06 13,995,325 (1,495,379) PRECONSTRUCTION SERVICES FEE 105,400 1.34 139,953 (34,553) CONSTRUCTION FEE 421,600 5.36 559,813 (138~13) TOTAL G.bI,P, 13,528,946 165.77 t4,695,091 (t,666,145) POTENTIAL TAX SAVINGS 1.5% (195,434) (2.49) (220,426) 24,992 TOTAL G.M.P. AFTER POTENTIAL TAX SAVINGS 12,833,511 153.28 14,474,663 (1,641,153) JAMES A. CUMMINGS, iNC. CITY OF AVENTURA AVENTURA GOVERNMENT CENTER ESTIMATE DATE: NOVEMBER 30, 1998 AVENTURA, FLORIDA BID COMPARISON SHEET ITEM DIVISION WORK DESCRIPTION LOW BIDDER 2ND BIDDER 3RD BIDDER 4TH BIDDER NOTES Ii. DIV~I GENERAL CONDI¥ibNS : - JAMES A. CUMMINGS, INC. $691,548 2. DIV,t I RECEIVE & STORE OWNER N.I.C. ITEMS - JAMES A. CUMMINGS, INC. $4,067 ~3 DIV.2 'AUGERCAST PILING L H.J. FOUNDAT ON $140,8601 EBSARY FOUNDATION $154,500! 14. DIV.2 SITEWORK & UTILITIES i- MORA ENGINEERING $527,691 - M. VlLA AND ASSOCIATES $532,790 I - METRO ENGINEER~NGIGATEWAY $546,671 ! - MCKAY CONTRACTING $594,715 - METRO ENGINEERING/STONE CIRCLE ~ $596,644 5TH BIDDER - CENTRAL BROWARD EQUIPMENT I $640,000 6TH BIDDER i' SHAW TRUCKING I $65,906 INCOMPLETE BID 5. DIV. 2 IDEWATERING FOR CONCRETE GRIFFEN DEWATERINO $t6,725 i6. DIV.2 SOIL TREATMENT · ECO-TECH $5,314 - TURNER PEST CONTROL I $6,231 7. DIV.2 ilRRIGATION SYSTEM ~ - WOODY & RAY 5,829 i I. WIN DMILL SPRINKLERS ! i- THE TROPICS $16,995 $17,000 18~ DIV.2 LANDSCAPING !- LANDSCAPE SERVICE $82,939 = ~-AQUATIC PLANT MANAGEMENT $84,834 - AGRISCAPE $89,397 ,- THE TROPICS i $99,072 DIV.2 !CHAIN LINK FENCING · FENCEMASTERS $3,860 - TROPIC FENCE $3,96O - LAWERENCE FENCE $5,550 I$2,368,739 10. DIV.3 ICONCRETE PACKAGE (INCL. REBARAND P.T.) i- JAMES A CUMM NGS, NC - WHITMER FORMING $2,492,625 ' NO SPECIAL CONC. DESIGN MIXES INCL ]- CAMCO $2 s67,085 JAMES A. CUMMINGS, INC. CITY OF AVENTURA AVENTURA GOVERNMENT CENTER ESTIMATE DATE: NOVEMBER 30, '1998 AVENTURA, FLORIDA BID COMPARISON SHEET ITEM DIVISION WORK DESCRIPTION LOW BIDDER 2ND BIDDER 3RD BIDDER _ 4TH BIDDER NOTES !11. DIV.3 iSTRUCTURAL PR~CAST CONCRETE ' ' ~ 'i PRESTRESS CONCRETE, ,NC. $373,719'i l. i' DENMARK ART & STONE CO. $110,515i DIV.3 'lARCH PRECAST TREADS+RISERS-NATURAL GREY I I' ARTISTIC SURFACES $64,934 ! i I JAMES A. CUMMINGS, INC. CITY OF AVENTURA AVENTURA GOVERNMENT CENTER ESTIMATE DATE: NOVEMBER 30, 1998 AVENTURA, FLORIDA BID COMPARISON SHEET ITEM DIVISION WORK DESCRIPTION LOW BIDDER 2ND BIDDER 3RD BIDDER 4TH BIDDER NOTES 20. DIV.6 FINISH CARPENTRY & MILLWORK ] I - MIKE KELLY AND CO. ! $203,329 I - WOODWORKING UNLIMITED I I $203,730 i- CAYMAN MANUFACTURING = $219,148 i' i $237,190 HOLLYWOOD MILLWORK 12t. DIV.7 DAMPPROOFING & WATERPROOFING - COMAN WATERPROOFING $75,900 - GENERAL CAULKING $91,000 - PROTECH $106,625 IINTUMESCENT PAINTING FIREPROOFING I- ALLSTATES FIREPROOFING $20,777 - MADER SOUTHEAST $65,7501 I HR. FIRE RATING INCLUDED 23. DIV.7 ROOFING SYSTEMS - LATITE $81,780 - PIONEER ROOFING $78,385 - ROOFING SYSTEMS I $89,575 ;- BEST ROOFING $95,361 i NOT PER SPEC. , 'METAL DOORS, FRAMES & WOOD DOORS 124. DIV.8 I- FIREDOOR $77,490 i I' FARREY'S $88,770 25. DIV.8 FINISH HARDWARE -OWNER ALLOWANCE BASED ON FARREY'S $80,000 126. DIV.8 INSTALLATION OF DOORS & FRAMES -JAMES A. CUMMINGS, INC. $22,454 i27. DIV.8 OVERHEAD COILING DOORS -B&B ROLLING DOOR $16,835 -AMERICAN OVERHEAD DOOR $24,178 i' OVERHEAD DOOR ! $26,430 28. DIV.8 IALUMINUM ENTRANCES &STOREFRONTS - OWEN INTERNATIONAL $1,7t7,230 ! i- R.C. ALUMINUM $1,950,000 - MASONRY ARTS $2,468,8O8 ~- CUSTOM GLASS CO, I $3,043,000 i29. DIV,9 DRYWALL, STUCCO & EGG CRATE i . ATLANTIC INTERIORS $711,9t4 I i !- M. ECKEPJSOUTH FLORIDA DRYWALL $759,526 I - HORACIO UNZUETA - SUPERIOR ~NTERIORS 30. DIV.9 ACOUSTICAL & METAL CEILINGS $113,856 - ATLANT C NTER ORS $139,219 I. ACOUSTI ; $142,755 JAMES A. CUMMINGS, INC. CITY OF AVENTURA AVENTURA GOVERNMENT CENTER ESTIMATE DATE: NOVEMBER 30, 1998 AVENTURA, FLORIDA BID COMPARISON SHEET ITEM DIVISION WORK DESCRIPTION LOW BIDDER 2ND BIDDER 3RD BIDDER 4TH BIDDER NOTES 31. DIV.9 IACOUSTICAL WALL PAN ELS $55,288 - BRAMBIERS i - KENNY DRAPERIES $56,975 32. DIV.9 CERAMIC TILE I. MILES CONSTRUCTION $41,0001 I- ARTISAN $43,039 I' CENTURY TILE $45,838 ~ - JAG MARBLE i $64,618 i33. DIV.9 iQUARRY TILE - MILES CONSTRUCTION $7,790 I · ARTISTIC SURFACES I! $9,430 I - ARTISAN , $11,286 i - CENTURY TILE $14,707 ~ :- JAG MARBLE $16.511 5TH BIDDER 34. DIV.9 !GRANITE - OWNER ALLOWANCE $t04,603 i - RENAISSANCE TILE Ii $229,500 i · ' JAG ARTISTIC MARBLE SURFACES i $254,297 $297,417 !- MASONRY ARTS $334,800 ! 5TH BIDDER - ARTISAN $348,960 6TH BIDDER ; - CENTURY TILE $558,932 7TH BIDDER I- MILES TILE : $595,000 8TH BIDDER i35. DIV.9 IRESILIENT FLOORING - SHAW CONTRACT FLOORING $t34,649 ! -WILLIAMS CARPET SYSTEMS $153 885 i - ACOUSTI $167,800! 38. D1¥.9 WOOB ELOORING , - ARIISIIC SURFACES $4,700 ! i' TRIDENT FLOORING $7,380 37. DIV.9 IPAINTING - PASS PAINTING $125,750 I - LYLE PAINTING CO. $139,150 i - SOUTH FLORIDA DRYWALL $166,700 ,38. DIV~10 CHALKBOARDS & TACKBOARDS i - NELSON ADAMS $3,300 I !- MARDALE $8,t45 39. DIV. 10 i'FOILET PARTITIONS ; I , BUILDER'S SPECIALTIES $26,875 - MU LTILINE $29,327 - MARDALE i $30'9851 JAMES A. CUMMINGS, INC. CITY OF AVENTURA AVENTURA GOVERNMENT CENTER ESTIMATE DATE: NOVEMBER 30, 1998 AVENTURA, FLORIDA BID COMPARISON SHEET ITEM DIVISION WORK DESCRIPTION LOW BIDDER 2ND BIDDER 3RD BIDDER 4TH BIDDER NOTES 140. DtV.'i~ LouVERs I i' G.C. BUILDING PRODUCTS/J.A.C. $1,319 !41. DIV. 10 IACCESS FLOORING I- LOTSPEICH CO. $28,418I - ACOUSTI I $29,730 - RED-LOH $31,285 142. DIV. 10IFLAGPOLES i' H.A. PETERSON $4,810 - BUILDERS SPECIALTIES $5,127 - MULTIUNE - MARDALE : $5,716 $6,645 · A FLAG $8,767 5TH BIDDER 143. DIV.10 ACCORDIAN FOLDING PARTITION I HUFCOPJGULFSTREAM $11,490 I- NELSON ADAMS $13,337 44. DIV. 10 SIGNAGE·BRUSHED ALUMINUM BUILDING LETTERS . CADILLAC $1,992 - BENGIS $2,289 i $2,645 !- CUSTOM $2,734 !45. DIV. 10 !SIGNAGE - OWNER ALLOWANCES i' iNTERIOR SIGNAGE $5,000 ;- DEDICATION pLAQUE $2,000 - CITY SEAL $1,500 46. DIV.10 LOCKERS i ~. STORAGECRAFT $6,554 i i - DESCON $7,050 ' i - MARDALE ,- MULTILINE $7,475 , $8,t92 47. DIV. IO EVIDENCE LOCKERS . STORAGECRAFT $6,042 - DESCON WITHDREW 48. DIV.10 iFIRE EXTINGUISHERS AND CABINETS · TRIANGLE FIRE I- FIREMASTER $2,042 $3,~8 - MARDALE $3,410: · MULTILINE $3,630 ~- BUILDER SPECIALTIES $4,446 5TH BIDDER 49. DIV. 10 METAL STORAGE SHELVING - MULTILINE $5,286 - DESCON I I' STORAGECRAFT $7,029 JAMES A. CUMMINGS, INC. CITY OF AVENTURA AVENTURA GOVERNMENT CENTER ESTIMATE DATE: NOVEMBER 30, 1998 AVENTURA, FLORIDA BID COMPARISON SHEET ITEM DIVISION WORK DESCRIPTION LOW BIDDER 2ND BIDDER 3RD BIDDER 4TH BIDDER NOTES r ] ~ $17,710 r - 50. DIV.10 ! TOILET & BATH ACCESSORIES/MIRRORS i - MULTILINE I - MARDALE - BUILDER'S SPECIALTIES $2t,097 DEAL DRAWER I !51. DIV.11 I' MOSLER $2,9601 52. DIV.11 STAGE CURTAIN i- KENNY DRAPERY $7,597 i I. NEWTON 1 $ 0,000 i53. DIV.11 PROJECTION SCREEN ! i- H,A, PETERSON $2,306 ! !- MARDALE $2,829i · DA-LITE $3,752 54. DIV.11 FUEL DISPENSING EQUIPMENT I' OWNER ALLOWANCE $65,0001 55. DIV.11 iPARKING CONTROL EQUIPMENT I- ROYCE PARKING CONTROL $t 9,875 I' TEM SYSTEMS $23,t 861 DETENTION EQUIPMENT - SECURITY DRS.& FRMS., i56. i BENCHES, SCREENS, DESKS, STOOLS + LEXAN I- RIDLEY OWEN/NYSTROM/J.A.C. $60,786 - ISI/NYSTROMIJ.A.C. $6t ,686 :57. DIV.12 iFUME HOODS - SPACE ENVIRONMENTS $9,857 i ~ - NEWTON SEATING $12,286 58. FLOOR MATS & FRAMES - G.C. BUILDING PRODUCTS $2,671 I- ALL SPECIALTY SALES $3,007 - BUILDER'S SPECIALTIES I $3,876 · ROBERT MARCUS/IRWIN SEATING $36,193 I . NEWTON SEATING COJKI $49,250 DIV. 13 PRE-ENGINEEREDMETAL BUILDING · NELSON ADAMS/DITTMER $4,380 ~ · CHILDERS $7,345 JAMES A. CUMMINGS, INC. CITY OF AVENTURA AVENTURA GOVERNMENT CENTER ESTIMATE DATE: NOVEMBER 30, 1998 AVENTURA, FLORIDA BID COMPARISON SHEET ITEM DIVISION WORK DESCRIPTION LOW BIDDER 2ND BIDDER 3RD BIDDER 4TH BIDDER NOTES [0t. DIV~14 IELEVATORS I - MIAMI ELEVATOR $206,674 - SCHINDLER ELEVATOR $226,500 i - MONTGOMERY ELEVATOR , $285,000 182 DIV.15 iMECHANICAL ,I I !PLUMBING WORK ' - NAGELBUSH $$08,350 i I i- POOLE & KENT ! $328,250 I- ROGERS BROTHERS $333,000 63. DIV.15 HVAC - POOLE & KENT $85t,430 I !. THERMAL CONCEPTS $857,675 I - HYVAC $859,4101 - SOUTHEAST MECHANICAL $991,890 $186,660 54. FIRE PROTECTION I - ADVANCED SPRINKLERS , I. GR NNELF RE PROTECT ON $t 88,935 j '-FRANCIS ENGINEERING ' $t90,000 i' BOND FIRE PROTECTION i $198,790 65. DIV.16 1 ELECTRICAL i - ANECO $t,280,680 - FISK ELECTRIC ! i $t ,477,099 i [- STRY:~ER ELECTRIC L $1,477,679 ~- MILLS ELECTRIC ~ S1 130 000 INCOMPLETE BID TOTAL DIRECT COST $12,150,30t! N/A N/A N/A JAMES A. CUMMINGS, INC. AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA List of Drawings Cover Sheet 9/1/98 Civil Drawings Paving and Drainage Plan Printed 9/3/98 Untitled Printed 9/3/98 Untitled Printed 9/3/98 Landscape and Irrigation Drawings LP- 1 9/8/98 LI-1 9/8/98 LD-1 9/8/98 Architectural Drawings A0.2 11/3/98 A 1.1 11/3/98 Al.4 9/1/98 A2.1 11/3/98 A2.2 11/3/98 A2.3 11/3/98 A2.4 11/3/98 A2.5 9/1/98 A2.6 11/3/98 A2.7 11/3/98 A2.8 11/3/98 A2.9 11/3/98 A2.10 11/3/98 A2.11 11/3/98 A2.12 11/3/98 A2.13 11/3/98 A2.14 11/3/98 A2.15 11/3/98 A2.16 11/3/98 A2.17 11/3/98 A2.20 11/3/98 A2.21 11/3/98 AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA Architectural Drawings (Continued/ A2.22 11/3/98 A2.23 11/3/98 A2.24 9/1/98 A3.1 9/1/98 A3.2 9/1/98 A3.3 9/1/98 A3.4 9/1/98 A4.1 9/1/98 A4.2 9/1/98 A4.3 9/1/98 A4.4 9/1/98 A4.5 9/1/98 A4.6 9/1/98 A4.7 9/1/98 A4.8 9/1/98 A5.1 9/1/98 A5.2 9/1/98 A5.3 9/1/98 A5.4 9/1/98 A5.5 9/1/98 A5.6 9/l/98 A5.7 9/1/98 A5.8 9/1/98 A5.9 9/1/98 AS.10 9/I/98 A5.11 9/1/98 A5.12 9/I/98 A6.1 11/3/98 A-6.2 11/3/98 A6.3 11/3/98 A6.4 11/3/98 A6.5 11/3/98 A7.1 9/1/98 A7.2 9/1/98 A7.3 9/1/98 A7.4 9/1/98 A7.5 9/1/98 A8.1 9/1/98 AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA Architectural Drawings (Continued) A8.2 9/1/98 A8.3 9/l/98 A8.4 9/1/98 A8.5 9/1/98 A8.6 9/1/98 A9.1 9/1/98 Al0.1 11/3/98 Al0.2 11/3/98 Al0.3 11/3/98 Al0.4 11/3/98 Al0.5 11/3/98 Al0.6 11/3/98 Al0.7 11/3/98 A11.1 1 I/3/98 A11.2 11/3/98 Al 1.3 11/3/98 Structural Drawings S-1 1 l/3/98 S-IA 11/2/98 S-2 11/2/98 S-3 11/3/98 S-4 11/3/98 S-5 11/3/98 S-6 11/3/98 S-7 11/2/98 S-8 10/14/98 S-9 10/14/98 S-10 11/2/98 S-11 11/1/98 S-12 11/1/98 S-13 11/2/98 S- 14 11/2/98 S- 15 11/2/98 $-16 11/2/98 S - 17 10/8/98 AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA Structural Drawings (continued) S-18 11/2/98 S- 19 l I/3/98 S-20 11/3/98 S-21 11/2/98 Plumbing Drawings Pl.1 11/3/98 PI.2 11/3/98 Pl.3 1 I/3/98 P2.1 11/3/98 P2.2 11/3/98 P2.3 11/3/98 P2.4 11/3/98 P2.5 11/3/98 P2.6 1 I/3/98 P4.1 11/3/98 P5.1 11/3/98 P5.2 11/3/98 P6.1 11/3/98 Fire Protection Drawings FP1.1 11/3/98 FP2.1 1 I/3/98 FP2.2 11/3/98 FP2.3 1 I/3/98 FP2.4 11/3/98 FP2.5 11/3/98 FP2.6 11/3/98 Mechanical Drawings MI.1 11/3/98 MI .2 11/3/98 M2.1 11/3/98 M2.2 11/3/98 M2.3 11/3/98 M2.4 1 l/3/98 M2.5 11/3/98 AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA Mechanical Drawines (Continued) M2.6 11/3/98 M3.1 l 1/3/98 M4.1 1 I/3/98 M4.2 11/3/98 Electrical Drawines El.1 11/3/98 EI.2 11/3/98 E2.1 11/3/98 E2.2 11/3/98 E2.3 11/3/98 E2.4 11/3/98 E2.5 11/3/98 E2.6 11/3/98 E2.7 11/3/98 E2.8 11/3/98 E2.9 11/3/98 E2.10 11/3/98 E2.11 11/3/98 E2.12 11/3/98 E2.13 11/3/98 E2.14 11/3/98 E2.15 11/3/98 E2.16 11/3/98 E3.1 l 1/3/98 E3.2 11/3/98 E3.3 11/3/98 E3.4 11/3/98 E3.5 11/3/98 MISCELLANEOUS CORRESPONDENCE ACCEPTED VALUE ENGINEERING (BY M.A.S) 11/5/98 RESPONSE TO R.F.I. (BY M.A.S.) 11/12/98 RESPONSE TO R.F.I. (BY T.L.C.) 11/13/98 RESPONSE TO R.F.I. (BY T.L.C.) 11/17/98 RESPONSE TO R.F.I. (BY M.A.S.) 11/18/98 MEMO TO M.S.A. (BY J.A.C.) 11/18/98 AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA LIST OF SPECIFICATIONS (DRAFT) DATED: NOVEMBER 5, 1998 01110 SUMMARY OF WORK 01251 CHANGE ORDER PROCEDURES 01291 APPLICATIONS AND CERTIFICATES FOR PAYMENT 01310 PROJECT MANAGEMENT AND COORDiNATION 01321 CONSTRUCTION PHOTOGRAPHS 01323 NETWORK ANALYSIS SCHEDULES 01334 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES 01450 QUALITY CONTROL 01458 TESTiNG LABORATORY SERVICES 01500 TEMPORARY FACILITIES AND CONTROLS 01521 FIELD OFFICES AND SHEDS 01610 BASIC PRODUCT REQUIREMENTS 01630 PRODUCT SUBSTITUTION PROCEDURES 01740 CLEANING 01750 STARTING AND ADJUSTING 01770 CLOSEOUT PROCEDURES 02230 SITE CLEARING 02300 EARTHWORK 02320 EXCAVATING, BACKFILLING, & COMPACTING FOR UTILITIES 02360 SOIL TREATMENT 02510 WATER DISTRIBUTION 02511 DISINFECTION OF WATER DISTRIBUTION 02535 SITE SANITARY SEWERAGE LINES 02630 STORM DRAINAGE 02743 BITUMiNOUS CONCRETE PAVEMENT 02753 PORTLAND CEMENT CONCRETE PAVEMENT 02810 IRRIGATION SYSTEM 02900 LANDSCAPiNG 03100 CONCRETE FORMS AND ACCESSORIES 03151 EXPANSION AND CONTRACTION JOINTS 03200 CONCRETE REINFORCEMENT 03300 CAST-iN-PLACE CONCRETE 03350 CONCRETE FINISHING 03380 POST-TENSIONED CONCRETE 03390 CONCRETE CURING 03415 PRECAST PRESTRESSED SECTIONS 03470 TILT-UP PRECAST CONCRETE 03523 LIGHTWEIGHT INSULATiNG CONCRETE ROOF DECK AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA LIST OF SPECIFICATIONS (DRAFT) DATED: NOVEMBER 5, 1998 (CONTINUED) 04310 SINGLE WYTHE MASONRY SYSTEM 04450 CUT STONE VENEER 05120 STRUCTURAL STEEL 05500 METAL FABRICATIONS 05512 PREFABRICATED STEEL STAIR SYSTEM 05520 HANDRAILS AND RAILINGS 06100 ROUGH CARPENTRY 06200 FINISH CARPENTRY 06410 CUSTOM CABINETS 07132 ELASTOMERIC SHEET WATERPROOFING 07141 FLUID APPLIED BITUMINOUS WATERPROOFING 07213 BATT AND BLANKET INSULATION 07218 SPRAYED-ON INSULATION 07550 MODIFIED BITUMINOUS MEMBRANE ROOFING 07620 SHEET METAL FLASHING AND TRIM 07840 FIRESTOPPING 07920 JOINT SEALANTS 08100 METAL DOORS AND FRAMES 08211 FLUSH WOOD DOORS 08310 ACCESS DOORS &PANELS 08333 OVERHEAD COILING DOORS 08400 ENTRANCES AND STOREFRONTS 08701 FINISH HARDWARE 0880O GLAZING 09110 NON-LOAD BEARING WALL FRAMING 09220 PORTLAND CEMENT PLASTER 09250 GYPSUM BOARD 09310 CERAMIC TILE 09510 ACOUSTICAL CEILINGS 09653 RESILIENT TILE FLOORING 09680 CARPETING 09723 VINYL WALL COVERING 09900 PAINTS AND COAT1NGS 10170 PLASTIC TOILET COMPARTMENTS 15010 BASIC MECHANICAL REQUIREMENTS 15030 ELECTRICAL REQUIREMENTS FOR MECHANICAL EQUIPMENT AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA LIST OF SPECIFICATIONS (DRAFT) DATED: NOVEMBER 5, 1998 (CONTINUED) 15050 BASIC MECHANICAL MATERIALS AND METHODS 15060 PIPE AND FITTINGS 15100 VALVES 15120 PIPiNG SPECIALTIES 15160 PUMPS 15240 VIBRATION ISOLATION 15250 THERMAL INSULATION 15300 FIRE PROTECTION 15320 GASEOUS SUPPRESSION SYSTEM 15380 FIRE PUMP 15410 PLUMBING PIPING SYSTEM 15440 PLUMBING FIXTURES 15450 PLUMBING EQUIPMENT 15510 HYDRONIC PIPING SYSTEM 15680 WATER CHILLER 15690 DUCT MOUNTED HEATER 15800 AIR HANDLING UNIT 15860 FANS 15870 AIR INTAKE AND RELIEF VENT 15880 AIR DISTRIBUTION 15885 AIR FILTER 15890 DUCTWORK 15910 DUCTWORK SPECIALTIES 15930 TERMINAL UNIT 15950 CONTROLS 15990 PERFORMANCE VERIFICATION 16010 BASIC ELECTRICAL REQUIREMENTS 16020 TESTS AND PERFORMANCE VERIFICATION 16110 RACEWAYS AND CONDUIT 16120 WIRES AND CABLES 16130 OUTLET BOXES 16140 WIRING DEVICES 16425 DISTRiBUTION SWITCHBOARDS 16450 GROUNDiNG 16460 TRANSFORMERS 16470 PANELBOARDS AVENTURA GOVERNMENT CENTER AVENTURA, FLORIDA LIST OF SPECIFICATIONS (DRAFT) DATED: NOVEMBER 5, 1998 (CONTINUED) 16480 MOTOR CONTROLS AND RELATED EQUIPMENT 16490 AUTOMATIC TRANSFER SWITCH 16500 LIGHTiNG 16650 ENGINE GENERATORS 16670 LIGHTNiNG PROTECTION SYSTEM 16701 COMMUNICATIONS GENERAL PROVISIONS 16709 TRANSIENT VOLTAGE SURGE SUPPESSORS 16720 ADDRESSABLE FIRE ALARM SYSTEM 16740 RACEWAYS FOR SYSTEMS 16741 STRUCTURED CABLING SYSTEM AVENTURA GOVERNMENT CENTER ELEVATOR DESCRIPTION Elevators #1 and #2 Quantity T~vo (2) Type Hydraulic Capacity 2500 lbs Speed 200 FPM Travel 67' 6" Openings Five (5) In-Line Platform Size 6'8" x 4'3" (inside cab dimensions) Hoistway Size 17'0" x 5'9" (note this is not currently reflected on the design documents) Hoistway Entrances Ground Floor - 3'6" x 8'0" door with 3'6" x 1 '0" transom Plaza Level - 3'6" x 8'0" door with 3'6" x 2'0" transom Floors 3, 4, 5 - 3'6" x 8'0" door with no transom Stainless Steel #4 Doors and Frames Center Opening Signals Illuminated car and hall push buttons. Position indicator in car and at lobby level. Car traveling lantern and gongs. Maintenance 12 Months Elevator #3 Quantity One (1) Type Hydraulic Capacity 3500 lbs Speed 200 FPM Travel 67' 6" Openings Five (5) In-Line Platform Size 6'8" x 5'5" (inside cab dimensions) Hoistway Size 8'4" x 6' 11" (note this is not currently reflected on the design documents) Hoistway Entrances Ground Floor - 3'6" x 8'0" door with 3'6" x 1 '0" transom Plaza Level - 3'6" x 8'0" door with 3'6" x 2'0" transom Floors 3, 4, 5 - 3'6" x 8'0" door with no transom Stainless Steel #4 Doors and Frames Center Opening Signals Illuminated car and hall push buttons. Position indicator in car and at lobby level. Car traveling lantern and gongs. Maintenance 12 Months