§ 4.2.13 The Architect's decisions with Owner's approval on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents.
§ 4.2.14 The Owner will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information.
ARTICLE 5 SUBCONTRACTORS
§ 5.1 DEFINITIONS
§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor'' is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor.
§ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor.
§ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
§ 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to finnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (I) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14 day period shall constitute notice of no reasonable objection.
§ 5.2.2 The Contractor shaH not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection.
§ 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Surn and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required.
§ 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution.
§ 5.3 SUBCONTRACTUAL RELATIONS
By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the ContractorAactor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contractor·act Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the
Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that 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
| | .1 | assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and |
| | .2 | assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. |
When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract.
§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension.
§ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
§ 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
§ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15.
§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement.
§ 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor 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. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised.
§ 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles I 0, II and 12.
§ 6.2 MUTUAL RESPONSIBILITY
§ 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 activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents.
§ 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable.
§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction.
§ 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner, separate contractors as provided in Section 10.2.5.
§ 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14.
§ 6.3 OWNER'S RIGHT TO CLEAN UP
If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Owner will allocate the cost among those responsible.
ARTICLE 7 CHANGES lN THE WORK
§ 7.1 GENERAL
§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents.
§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone.
§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work.
§ 7.2 CHANGE ORDERS
§ 7.2.1 A Change Order is a written instrument prepared by the Contractor and signed by the Owner, Contractor and stating their agreement upon all of the following:
| | .1 | The change in the Work; |
| | .2 | The amount of the adjustment, if any, in the Contract Sum; and |
| | .3 | The extent of the adjustment any, in the Contract Time. |
§ 7.3 CONSTRUCTION CHANGE DIRECTIVES
§ 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly.
§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order.
§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods:
| | .1 | Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; |
| | .2 | Unit prices stated in the Contract Documents or subsequently agreed upon; |
| | .3 | Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or |
| | .4 | As provided in Section 7.3.7. |
§ 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted.
§ 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum Contract Time.
§ 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract·act Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order.
§ 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Owner shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following:
| | .1 | Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; |
| | .2 | Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; |
| | .3 | Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; |
| | .4 | Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and |
| | .5 | Additional costs of supervision and field office personnel directly attributable to the change. |
§ 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.
§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.
§ 7.3.10When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued fur all or any part of a Construction Change Directive.
§ 7.4 MINOR CHANGES IN THE WORK
The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor.
ARTICLE 8 TIME
§ 8.1 DEFINITIONS
§ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
§ 8.1.2 The date of commencement of the Worlds the date established in the Agreement.
§ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8.
§ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined.
§ 8.2 PROGRESS AND COMPLETION
§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work.
§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance.
§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time.
§ 8.3 DELAYS AND EXTENSIONS OF TIME
§ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justifY delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine.
§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15.
§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents.
ARTICLE 9 PAYMENTS AND COMPLETION
§ 9.1 CONTRACT SUM
The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.
§ 9.2 SCHEDULE OF VALUES
Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
§ 9.3 APPLICATIONS FOR PAYMENT
§ 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2.. for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents.
§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders.
§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay.
§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site.
§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work.
§ 9.4 CERTIFICATES FOR PAYMENT
§ 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notifY the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1.
§ 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
§ 9.5 DECISIONS TO WITHHOLD CERTIFICATION
§ 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Owner is unable to certify payment in the amount of the Application, the Owner will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Owner may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Owner's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of
| | .1 | defective Work not remedied; |
| | .2 | third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; |
| | .3 | failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; |
| | .4 | reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; |
| | .5 | damage to the Owner or a separate contractor; |
| | .6 | reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or |
| | .7 | repeated failure to cany out the Work in accordance with the Contract Documents. |
§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld.
§ 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor tailed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notifY the Architect and the Architect will reflect such payment on the next Certificate for Payment.
§ 9.6 PROGRESS PAYMENTS
§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notifY the Architect.
§ 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner.
§ 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor.
§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractors, except as may otherwise be required by law.
§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4.
§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision.
§ 9.7 FAILURE OF PAYMENT
If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, 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 appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents.
§ 9.8 SUBSTANTIAL COMPLETION
§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.
§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
§ 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion.
§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.
§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
§ 9.9 PARTIAL OCCUPANCY OR USE
§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.
§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.
§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents.
§ 9.10 FINAL COMPLETION AND FINAL PAYMENT
§ 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled.
§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (I) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees.
§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims.
§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from
| | .1 | liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; |
| | .2 | failure of the Work to comply with the requirements of the Contract Documents; or |
| | .3 | terms of special warranties required by the Contract Documents. |
§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
§ 10.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract.
§ 10.2 SAFETY OF PERSONS AND PROPERTY
§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to
| | .1 | employees on the Work and other persons who may be affected thereby; |
| | .2 | the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub subcontractors; and |
| | .3 | other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. |
§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.
§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities.
§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel.
§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections I 0.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections I 0.2.1.2 and I 0.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18.
§ 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect.
§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition.
§ 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY
If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter.
§ 10.3 HAZARDOUS MATERIALS
§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing.
§ 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe contaimnent of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity
proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-up.
§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section I 0.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity.
§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances.
§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence.
§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred·
§ 10.4 EMERGENCIES
In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7.
ARTICLE 11 INSURANCE AND BONDS
§ 11.1 CONTRACTOR'S LIABILITY INSURANCE
§ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Sub Contractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
| | .1 | Claims under workers' compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; |
| | .2 | Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; |
| | .3 | Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; |
| | .4 | Claims for damages insured by usual personal injury liability coverage; |
| | .5 | Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; |
| | .6 | Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; |
| | .7 | Claims for bodily injury or property damage arising out of completed operations; and |
| | .8 | Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. |
§ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents.
§ 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness.
§11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations.
§11.2 OWNER'S LIABILITY INSURANCE
The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance.
§ 11.3 PROPERTY INSURANCE
§ 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk ''all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub subcontractors in the Project.
§11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services
and expenses required as a result of such insured loss.
§11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifYing the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto.
§ 11.3.1.3 If the propetty insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles.
§ 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit.
§ 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing propetiy insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance.
§ 11.3.2 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 objects 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.
§ 11.3.3 LOSS OF USE INSURANCE
The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused.
§ 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes ofloss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order.
§ 11.3.5 If during the Project construction period the Owner insures propetties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction petiod, the Owner shall waive all rights in accordance with the terms of Section
§11.3.7 for damages caused by fire or other causes ofloss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise.
§ 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor.
§ 11.3.7 WAIVERS OF SUBROGATION
The Owner and Contractor waive all rights against (I) each other and any of their subcontractors, sub subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in tl1e property damaged.
§ 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their SubRsubcontractors in similar manner.
§ 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which theOwner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7.
§ 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators.
§ 11.4 PERFORMANCE BOND AND PAYMENT BOND
§ 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract.
§ 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
§ 12.1 UNCOVERING OF WORK
§ 12.1.1 !fa portion of the Worlds covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time.
§ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs.
§ 12.2 CORRECTION OF WORK
§ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
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, the cost of uncovering and replacement, 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 Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Worlds found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4.
§12.2.2.2 The one-year period for correction of work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.
§12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2.
§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.
§12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents.
§12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work.
§ 12.3 ACCEPTANCE OF NONCONFORMING WORK
If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.
ARTICLE 13 MISCELLANEOUS PROVISIONS
§ 13.1 GOVERNING LAW
The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4.
§13.2 SUCCESSORS AND ASSIGNS
§13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither patty to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.
§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment.
§13.3 WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice.
§ 13.4 RIGHTS AND REMEDIES
§ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available bylaw.
§ 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing.
§ 13.5 TESTS AND INSPECTIONS
§ 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of(!) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor.
§ 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner's expense.
§ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirement's established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense.
§ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect.
§ 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing.
§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
§ 13.6 INTEREST
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
§ 13.7 TIME LIMITS ON CLAIMS
The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but io any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7.
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
§ 14.1 TERMINATION BY THE CONTRACTOR
§14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor! for any of the following reasons:
| | .1 | Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; |
| | .2 | An act of government, such as a declaration of national emergency that requires all Work to be stopped; |
| | .3 | Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason fur withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or |
| | .4 | The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. |
§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than I 00 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less.
§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages.
§ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3.
§ 14.2 TERMINATION BY THE OWNER FOR CAUSE
§ 14.2.1 The Owner may terminate the Contract if the Contractor
| | .1 | repeatedly refuses or fails to supply enough properly skilled workers or proper materials; |
| | .2 | fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; |
| | .3 | repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or |
| | .4 | otherwise is guilty of substantial breach of a provision of the Contract Documents. |
§ 14.2.2 When any of the above reasons exist, Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety:
| | .1 | Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; |
| | .2 | Accept assignment of subcontracts pursuant to Section 5.4; and |
| | .3 | Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. |
§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment untill the Work is finished.
§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case
§ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may detetmine.
§ 14.3.2 The Contract Stun and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or intenuption as described in Sectionl4.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent
| | .1 | that perfonnance is, was or would have been so suspended, delayed or intetrupted by another cause for which the Contractor is responsible; or |
| | .2 | that an equit1ble adjustment is made or denied under another provision of the Contract. |
§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause.
§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall
| | .1 | cease operations as directed by the Owner in the notice; |
| | .2 | take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and |
| | .3 | except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no futiher subcontracts and purchase orders. |
§ 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed.
ARTICLE 15 ClAIMS AND DISPUTES
§ 15.1 ClAIMS
§ 15.1.1 DEFINITION
A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim.
§ 15.1.2 NOTICE OF ClAIMS
Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architecif the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.
§ 15.1.3 CONTINUING CONTRACT PERFORMANCE
Pending final resolution of a Claim, except as otherwise agreed in wtiting or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with perfonnance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker.
§ 15.1.4 ClAIMS FOR ADDITIONACl OST
If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section I 0.4.
§ 15.1.5 CLAIMS FOR ADDITIONAL TIME
§ 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary.
§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effuct on the scheduled construction.
§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes
| | .1 | damages incun·ed by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and |
| | .2 | damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. |
This mutual waiver is applicable, without limitation, to all consequential damages due to either party's tennination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.
§ 15.21NITIAL DECISION
§ 15.2.1 Claims, excluding those arising under Sections 10.3,10.4, 11.3.9, and 11.3.10,shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner.
§ 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (I) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is mabie to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim.
§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense.
§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such patiy shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when tl1e response or supporting data will be fhrnished or (3) advise the Initial Decision Maker that no suppmiing data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in patt.
§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (I) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the patties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution.
§ 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1.
§ 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days ofthe initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision.
§15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notifY the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy.
§15.2.8 !fa Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines.
§15.3 MEDIATION
§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution.
§ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, tm!ess the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Constmction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concmrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the patties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.
§15.3.3 The patties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof
§15.4ARBITRATION
§15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the patties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that patty on which arbitration is permitted to be demanded.
§ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with tl1e filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute oflimitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim.
§15.4.2 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.
§15.4.3 The fOregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof.
§ 15.4.4 CONSOLIDATION OR JOINDER
§ 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
§ 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a conunon question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.
§ 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement.
EXHIBIT A
1970 & 1990 East Grand Avenue Trade Summary |
| | | | | | | | | | | | | |
| No | | Description | | | Gross sf | | Budget | | Remarks |
| | | | | | | | | | | | | |
| | 0100 | | General Requirements | | | 97,634 | | sf | | $ | 86,216 | | |
| | 0133 | | Surveying | | | 97,634 | | sf | | $ | 23,400 | | |
| | 0207 | | Selective Demolition | | | 97,634 | | sf | | $ | 213,352 | | |
| | 0221 | | Earthwork | | | 97,634 | | sf | | $ | 60,637 | | |
| | 0227 | | Erosion Control | | | 97,634 | | sf | | $ | 13,500 | | |
| | 0236 | | Piling & Caissons | | | 97,634 | | sf | | $ | 186,620 | | |
| | 0251 | | Asphaltic Concrete Paving | | | 97,634 | | sf | | $ | 18,500 | | |
| | 0253 | | Site Concrete | | | 97,634 | | sf | | $ | 151,880 | | |
| | 0259 | | Parking Striping & Bumpers | | | 97,634 | | sf | | $ | 14,000 | | |
| | 0266 | | Site Utilities (Storm Drain/Sewer/Water) | | | 97,634 | | sf | | $ | 43,750 | | |
| | 0282 | | Fountains | | | 97,634 | | sf | | $ | 86,840 | | |
| | 0291 | | Irrigation/Landscaping | | | 97,634 | | sf | | $ | 66,000 | | |
| | 0321 | | Concrete Reinforcing Bar | | | 97,634 | | sf | | $ | 77,169 | | |
| | 0331 | | Cast-ln-Place Concrete | | | 97,634 | | sf | | $ | 310,815 | | |
| | 0421 | | Masonry | | | 97,634 | | sf | | $ | 30,240 | | |
| | 0512 | | Structural Steel Framing | | | 97,634 | | sf | | $ | 400,105 | | |
| | 0531 | | Metal Decking/Metal Sidings | | | 97,634 | | sf | | $ | 91,024 | | |
| | 0551 | | Misc. & Ornamental Metals | | | 97,634 | | sf | | $ | 295,221 | | |
| | 0611 | | Lumber/Timber/Rough Carpentry | | | 97,634 | | sf | | $ | 10,000 | | |
| | 0622 | | Finish Carpentry | | | 97,634 | | sf | | $ | 214,702 | | |
| | 0711 | | Waterproofing | | | 97,634 | | sf | | $ | 52,448 | | |
| | 0721 | | Building Insulation | | | 97,634 | | sf | | $ | 51,127 | | |
| | 0731 | | Roofing | | | 97,634 | | sf | | $ | 66,779 | | |
| | 0761 | | Sheet Metal/Roof Accessories/Metal Panels | | | 97,634 | | sf | | $ | 554,609 | | |
| | 0791 | | Caulking, Sealant & Fire Stopping | | | 97,634 | | sf | | $ | 16,648 | | |
| | 0810 | | H.MVWood Doors & Frames | | | 97,634 | | sf | | $ | 103,350 | | |
| | 0831 | | Access Doors | | | 97,634 | | sf | | $ | 3,000 | | |
| | 0837 | | Overhead/Roll-Up Doors | | | 97,634 | | sf | | $ | 200,000 | | |
| | 0881 | | Glass & Glazing | | | 97,634 | | sf | | $ | 1,599,354 | | |
| | 0920 | | Plaster & Drywall | | | 97,634 | | sf | | $ | 719,897 | | |
| | 0931 | | Ceramic Tile | | | 97,634 | | sf | | $ | 120,655 | | |
| | 0951 | | Acoustical Ceiling | | | 97,634 | | sf | | $ | 70,032 | | |
| | 0966 | | Resilient Flooring & Carpet | | | 97,634 | | sf | | $ | 340,044 | | |
| | 0991 | | Painting & Wall Covering | | | 97,634 | | sf | | $ | 98,737 | | |
| | 0998 | | Fiber Reinforced Panel | | | 97,634 | | sf | | $ | 3,120 | | |
| | 1016 | | Toilet Compartments & Accessories | | | 97,634 | | sf | | $ | 33,890 | | |
| | 1043 | | Signs | | | 97,634 | | sf | | $ | 6,750 | | |
| | 1052 | | Fire Extinguisher | | | 97,634 | | sf | | $ | 5,400 | | |
| | 1140 | | Appliances | | | 97,634 | | sf | | $ | 0 | | |
| | 1421 | | Elevators | | | 97,634 | | sf | | $ | 147,500 | | |
| | 1511 | | Plumbing | | | 97,634 | | sf | | $ | 239,607 | | |
| | 1541 | | Fire Sprinkler Systems | | | 97,634 | | sf | | $ | 95,485 | | |
| | 1571 | | HVAC | | | 97,634 | | sf | | $ | 652,504 | | |
| | 1611 | | Electrical | | | 97,634 | | sf | | $ | 1,610,402 | | |
| | 1612 | | Fire Alarm Systems | | | 97,634 | | sf | | $ | 34,409 | | |
| | | | Total | | | 97,634 | | sf | | $ | 9,219,716 | | |
| | | | | | | | | | | | | | |
| | | | General Conditions | | | | | | | $ | 175,000 | | |
| | | | Insurances | | | | | | | $ | 126,925 | | |
| | | | Contractor's Fee | | | | | | | $ | 261,845 | | |
| | | | Mark-ups | | | | | | | $ | 563,770 | | |
| | | | Estimated Construction Costs | | | | | | | $ | 9,783,485 | | |
 | Exhibit "B" |
| Stamps.com |
| | 1990 East Grand Ave., El Segundo, CA |
| | List of Documents |
| | | | | 111447 |
Sheet # | Description | Rev No. | Date | Details |
| Architectural |
| Ware Malcomb | | | |
| 10635 Santa Monica Blvd., Ste. 150, Los Angeles, CA 90025 | | | |
| A0_1 | TITLE SHEET | BID SET | 1/5/2012 | |
| A0_2 | GENERAL NOTES | BID SET | 1/5/2012 | |
| A0_33 | ACCESSIBILITY NOTES & DETAILS | BID SET | 1/5/2012 | |
| A0_3A | ACCESSIBILITY NOTES & DETAILS | BID SET | 1/5/2012 | |
| A0_3B | ACCESSIBILITY NOTES & DETAILS | BID SET | 1/5/2012 | |
| A0_4 | OCCUPANCY & EXIT PLAN | BID SET | 1/5/2012 | |
| A0_5A | ELECTRICAL TITLE 24 FORMS | BID SET | 1/5/2012 | |
| A0_5B | TITLE 24 | BID SET | 1/5/2012 | |
| A0_5C | TITLE 24 | BID SET | 1/5/2012 | |
| A0_5D | TITLE 24 | BID SET | 1/5/2012 | |
| A0_5E | TITLE 24 | BID SET | 1/5/2012 | |
| A0_5F | TITLE 24 | BID SET | 1/5/2012 | |
| D1_0 | DEMO SITE PLAN | BID SET | 12/6/2011 | |
| D2_1 | 1ST & 2ND FLOOR DEMO PLAN | BID SET | 12/6/2011 | |
| D2_2 | 3RD FLOOR & ROOF DEMO PLAN | BID SET | 12/6/2011 | |
| A1_0 | SITE PLAN | BID SET | 1/5/2012 | |
| A2_1 | OVERALL 1ST & 2ND FLOOR PLAN | BID SET | 1/5/2012 | |
| A2_2 | OVERALL 3RD FLOOR & ROOF PLAN | BID SET | 1/5/2012 | |
| A2_3 | ENLARGED PARTIAL 1ST FLOOR PLANS | BID SET | 1/5/2012 | |
| A2_4 | ENLARGED PARTIAL 2ND FLOOR PLANS | BID SET | 1/5/2012 | |
| A2_5 | ENLARGED PARTIAL 3RD FLOOR PLANS | BID SET | 1/5/2012 | |
| A3_0 | ENLARGED PARTIAL ROOF PLANS | BID SET | 1/5/2012 | |
| A4_1 | EXTERIOR ELEVATIONS | BID SET | 1/5/2012 | |
| A4_2 | ENLARGED PARTIAL EXTERIOR ELEVATIONS | BID SET | 1/5/2012 | |
| A4_3 | ENLARGED EXTERIOR ELEVATIONS | BID SET | 1/5/2012 | |
| A5_0 | BUILDING SECTIONS | BID SET | 1/5/2012 | |
| A6_1 | WALL SECTIONS | BID SET | 1/5/2012 | |
| A6_2 | WALL SECTIONS | BID SET | 1/5/2012 | |
| A6_3 | WALL SECTIONS | BID SET | 1/5/2012 | |
| A6_4 | WALL SECTIONS | BID SET | 1/5/2012 | |
| A6.5 | INTERIOR ELEVATIONS | BID SET | 1/5/2012 | |
| A6.6 | INTERIOR ELEVATIONS | BID SET | 1/5/2012 | |
| A7_1 | ENLARGED STAIR PLANS & SECTIONS | BID SET | 1/5/2012 | |
| A7_2 | ENLARGED STAIR PLANS & SECTIONS | BID SET | 1/5/2012 | |
| A7_3 | ENLARGED RESTROOM PLANS AND ELEVATIONS | BID SET | 1/5/2012 | |
| A7_4 | ENLARGED RESTROOM PLANS AND ELEVATIONS | BID SET | 1/5/2012 | |
| A7.5 | RECEPTION DESK ELEVATIONS & DETAILS | BID SET | 1/5/2012 | |
| A7.6 | MILLWORK ELEVATIONS & DETAILS | BID SET | 1/5/2012 | |
| A7.7 | MILLWORK ELEVATIONS & DETAILS | BID SET | 1/5/2012 | |
| A7.8 | MILLWORK ELEVATIONS & DETAILS | BID SET | 1/5/2012 | |
| A8.0 | LIGHT FIXTURE SYMBOL LEGEND | BID SET | 1/5/2012 | |
| A8_1 | ENLARGED 1ST REFLECTED CEILING PLAN | BID SET | 1/5/2012 | |
| A8_2 | ENLARGED 2ND REFLECTED CEILING PLAN | BID SET | 1/5/2012 | |
| A8_3 | ENLARGED 3RD REFLECTED CEILING PLAN | BID SET | 1/5/2012 | |
| A9.0 | FINISH LEGEND | BID SET | 1/5/2012 | |
| A9_1 | ENLARGED 1ST FLOOR FINISH PLAN | BID SET | 1/5/2012 | |
This estimating system is the sole property of KPRS Construction Services, Inc. No part of this estimating system may be reproduced.
| Exhibit "B" |
| Stamps.com |
| | 1990 East Grand Ave., El Segundo, CA |
| | List of Documents |
| | | | | 111447 |
Sheet # | Description | Rev No. | Date | Details |
| A9_2 | ENLARGED 2ND FLOOR FINISH PLAN | BID SET | 1/5/2012 | |
| A9_3 | ENLARGED 3RD FLOOR FINISH PLAN | BID SET | 1/5/2012 | |
| A10_1 | ENLARGED 1ST FLOOR POWER & SIGNAL PLAN | BID SET | 1/5/2012 | |
| A10_2 | ENLARGED 2ND FLOOR POWER & SIGNAL PLAN | BID SET | 1/5/2012 | |
| A10_3 | ENLARGED 3RD FLOOR POWER & SIGNAL PLAN | BID SET | 1/5/2012 | |
| A11_1 | DOOR SCHEDULES | BID SET | 1/5/2012 | |
| A11_2 | WINDOW SCHEDULE | BID SET | 1/5/2012 | |
| A12_1 | DETAILS | BID SET | 1/5/2012 | |
| A12_2 | DETAILS | BID SET | 1/5/2012 | |
| A12_3 | DETAILS | BID SET | 1/5/2012 | |
| A12_4 | DETAILS | BID SET | 1/5/2012 | |
| A12_5 | DETAILS | BID SET | 1/5/2012 | |
| A12_6 | DETAILS | BID SET | 1/5/2012 | |
| A12_7 | DETAILS | BID SET | 1/5/2012 | |
| A12.7A | DETAILS | BID SET | 1/5/2012 | |
| A12.8 | DETAILS | BID SET | 1/5/2012 | |
| A12.9 | DETAILS | BID SET | 1/5/2012 | |
| 1 OF 2 | SUSWMP | BID SET | Not dated | |
| 2 OF 2 | SUSWMP | BID SET | Not dated | |
| | PROJECT MANUAL | BID SET | 12/1/2011 | |
| Structural |
| Grimm & Chen Structural Engineering, Inc. | | | |
| 17500 Redhill Ave., #240, Irvine, CA 92614 | | | |
| S1_1 | GENERAL NOTES | BID SET | 1/12/2012 | |
| S1_1_1 | GENERAL NOTES | BID SET | 1/12/2012 | |
| S1_2 | TYPICAL REINFORCING DETAILS | BID SET | 1/12/2012 | |
| S1_3 | TYPICAL CONCRETE FOUNDATION DETAILS | BID SET | 1/12/2012 | |
| S1_3_1 | TYPICAL CONCRETE FOUNDATION DETAILS | BID SET | 1/12/2012 | |
| S1_3_2 | TYPICAL CONCRETE FOUNDATION DETAILS | BID SET | 1/12/2012 | |
| S1_4 | TYPICAL STEEL DETAILS | BID SET | 1/12/2012 | |
| S1_4_1 | TYPICAL STEEL DETAILS | BID SET | 1/12/2012 | |
| S1_4_2 | TYPICAL STEEL DETAILS | BID SET | 1/12/2012 | |
| S1_5 | TYPICAL INTERIOR METAL STUD DETAILS | BID SET | 1/12/2012 | |
| S1.5.1 | TYPICAL INTERIOR METAL STUD DETAILS | BID SET | 1/12/2012 | |
| S1_6 | TYPICAL EXTERIOR METAL STUD DETAILS | BID SET | 1/12/2012 | |
| S2.1 | FIRST FLOOR FOUNDATION PLAN | BID SET | 1/12/2012 | |
| S2.1A | STRUCTURAL SLAB ON GRADE REINFORCING PLAN | BID SET | 1/12/2012 | |
| S2.2 | SECOND FLOOR FRAMING PLAN | BID SET | 1/12/2012 | |
| S2.2A | SECOND FLOOR CHORD REINFORCING PLAN | BID SET | 1/12/2012 | |
| S2_3 | THIRD FLOOR FRAMING PLAN | BID SET | 1/12/2012 | |
| S2.3A | THIRD FLOOR CHORD REINFORCING PLAN | BID SET | 1/12/2012 | |
| S2_4 | ROOF FRAMING PLAN | BID SET | 1/12/2012 | |
| S3_1 | WALL SECTIONS | BID SET | 1/12/2012 | |
| S3_1_1 | WALL SECTIONS | BID SET | 1/12/2012 | |
| S3_1_2 | WALL SECTIONS | BID SET | 1/12/2012 | |
| S3_1_3 | WALL SECTIONS | BID SET | 1/12/2012 | |
| S4_1 | SEISMIC MOMENT FRAME ELEVATIONS (SFRS) | BID SET | 1/12/2012 | |
| S4.2 | SEISMIC MOMENT FRAME DETAILS (SFRS) | BID SET | 1/12/2012 | |
| S4.2.1 | SEISMIC MOMENT FRAME DETAILS (SFRS) | BID SET | 1/12/2012 | |
This estimating system is the sole property of KPRS Construction Services, Inc. No part of this estimating system may be reproduced.
| Exhibit "B" |
| Stamps.com |
| | 1990 East Grand Ave., El Segundo, CA |
| | List of Documents |
| | | | | 111447 |
Sheet # | Description | Rev No. | Date | Details |
| S4.3 | STANDARD QUALITY ASSURANCE PLAN | BID SET | 1/12/2012 | |
| S4.3.1 | STANDARD QUALITY ASSURANCE PLAN | BID SET | 1/12/2012 | |
| S4.3.2 | STANDARD QUALITY ASSURANCE PLAN | BID SET | 1/12/2012 | |
| S5.1 | SECTIONS & DETAILS | BID SET | 1/12/2012 | |
| S5.1.1 | SECTIONS & DETAILS | BID SET | 1/12/2012 | |
| S5.1.2 | SECTIONS & DETAILS | BID SET | 1/12/2012 | |
| S5.1.3 | SECTIONS & DETAILS | BID SET | 1/12/2012 | |
| S5.1.4 | SECTIONS & DETAILS | BID SET | 1/12/2012 | |
| S6.1 | PARTIAL STAIR PLANS | BID SET | 1/12/2012 | |
| S7.1 | SOILS REPORT PILE RECOMMENDATIONS | BID SET | 12/22/2011 | |
| Civil |
| Ware Malcomb | | | |
| 10635 Santa Monica Blvd., Ste. 150, Los Angeles, CA 90025 | | | |
| C1_0 | TITLE SHEET | BID SET | Not dated | |
| C2_0 | CONSTRUCTION NOTES QUANTITIES AND DETAILS | BID SET | Not dated | |
| C3_0 | PRECISE GRADING PLAN | BID SET | Not dated | |
| C4_0 | EROSION CONTROL PLAN | BID SET | Not dated | |
| Landscape |
| Ridqe Landscape Architects | | | |
| 8841 Research Drive, Ste. 200, Irvine, CA 92618 | | | |
| L0_0 | LANDSCAPE COVER SHEET | BID SET | 11/24/2011 | |
| L1_1 | LANDSCAPE CONSTRUCTION PLAN | BID SET | 11/24/2011 | |
| L2_1 | LANDSCAPE LIGHTING PLAN | BID SET | 11/24/2011 | |
| L3_1 | ENTRY PLAZA SECTIONS | BID SET | 11/24/2011 | |
| L4_1 | LANDSCAPE CONSTRUCTION DETAILS | BID SET | 11/24/2011 | |
| L4_2 | LANDSCAPE CONSTRUCTION DETAILS | BID SET | 11/24/2011 | |
| L5_1 | LANDSCAPE IRRIGATION PLAN | BID SET | 11/24/2011 | |
| L6_1 | LANDSCAPE IRRIGATION LEGEND AND NOTES | BID SET | 11/24/2011 | |
| L6_2 | LANDSCAPE IRRIGATION LEGEND AND NOTES | BID SET | 11/24/2011 | |
| L6_3 | LANDSCAPE IRRIGATION DETAILS | BID SET | 11/24/2011 | |
| L6_4 | LANDSCAPE IRRIGATION DETAILS | BID SET | 11/24/2011 | |
| L7_1 | LANDSCAPE PLANTING PLAN | BID SET | 11/24/2011 | |
| L8_1 | LANDSCAPE PLANTING DETAILS | BID SET | 11/24/2011 | |
| L9_1 | LANDSCAPE SPECIFICATIONS | BID SET | 11/24/2011 | |
| L9_2 | LANDSCAPE SPECIFICATIONS | BID SET | 11/24/2011 | |
| L9_3 | LANDSCAPE SPECIFICATIONS | BID SET | 11/24/2011 | |
| L9_4 | LANDSCAPE SPECIFICATIONS | BID SET | 11/24/2011 | |
| Plumbing |
| Glumac | | | | |
| 617 W. 7th Street, #500. Los Angeles, CA 90017 | | | |
| P0_1 | PLUMBING NOTES LEGEND AND SYMBOLS | BID SET | 12/22/2011 | |
| P1_0 | PLUMBING SITE PLAN | BID SET | 12/22/2011 | |
| PD2_0 | PLUMBING FIRST FLOOR - DEMO PLAN | BID SET | 12/22/2011 | |
| PD3_0 | PLUMBING SECOND FLOOR - DEMO PLAN | BID SET | 12/22/2011 | |
| PD4_0 | PLUMBING THIRD FLOOR & PARTIAL ROOF DEMO PLAN | BID SET | 12/22/2011 | |
| P2_0 | PLUMBING 1ST FLOOR PLAN | BID SET | 12/22/2011 | |
This estimating system is the sole property of KPRS Construction Services, Inc. No part of this estimating system may be reproduced.
| Exhibit "B" |
| Stamps.com |
| | 1990 East Grand Ave., El Segundo, CA |
| | List of Documents |
| | | | | 111447 |
| Sheet # | Description | Rev No. | Date | Details |
| P3_0 | PLUMBING 2ND FLOOR PLAN | BID SET | 12/22/2011 | |
| P4_0 | PLUMBING 3RD FLOOR PLAN | BID SET | 12/22/2011 | |
| P5_0 | PLUMBING ROOF PLAN | BID SET | 12/22/2011 | |
| P6_0 | PLUMBING RISER DIAGRAMS | BID SET | 12/22/2011 | |
| P7_0 | PLUMBING DETAILS | BID SET | 12/22/2011 | |
| Mechanical |
| Glumac | | | | |
| 617 W. 7th Street, #500, Los Angeles, CA 90017 | | | |
| MO_1 | MECHANICAL NOTES LEGEND AND SYMBOLS | BID SET | 1/12/2012 | |
| MO_2 | MECHANICAL SCHEDULES | BID SET | 1/12/2012 | |
| MO_3 | TITLE 24 | BID SET | 1/12/2012 | |
MO_4 | TITLE 24 | BID SET | 1/12/2012 | |
| MO_5 | TITLE 24 | BID SET | 1/12/2012 | |
| MO_6 | TITLE 24 | BID SET | 1/12/2012 | |
| M0_7 | TITLE 24 | BID SET | 1/12/2012 | |
| MO_8 | MECHANICAL SITE PLAN | BID SET | 1/12/2012 | |
| MD2_0 | MECHANICAL 1ST FLOOR - DEMO PLAN | BID SET | 1/12/2012 | |
| MD3_0 | MECHANICAL 2ND FLOOR - DEMO PLAN | BID SET | 1/12/2012 | |
| MD4_0 | MECHANICAL 3RD FLOOR - DEMO PLAN | BID SET | 1/12/2012 | |
| MD5_0 | MECHANICAL ROOF - DEMO PLAN | BID SET | 1/12/2012 | |
| M1_0 | MECHANICAL 1ST FLOOR PLAN | BID SET | 1/12/2012 | |
| M1_1 | MECHANICAL 1ST FLOOR PIPING PLAN | BID SET | 1/12/2012 | |
| M2_0 | MECHANICAL 2ND FLOOR PLAN | BID SET | 1/12/2012 | |
| M2_1 | MECHANICAL 2ND FLOOR PIPING PLAN | BID SET | 1/12/2012 | |
| M3_0 | MECHANICAL 3RD FLOOR PLAN | BID SET | 1/12/2012 | |
| M3_1 | MECHANICAL 3RD FLOOR PIPING PLAN | BID SET | 1/12/2012 | |
| M5_0 | MECHANICAL ROOF PLAN | BID SET | 1/12/2012 | |
| M7_0 | MECHANICAL DETAILS | BID SET | 1/12/2012 | |
| M7_1 | MECHANICAL DETAILS | BID SET | 1/12/2012 | |
| M8_0 | MECHANICAL CONTROL DIAGRAMS | BID SET | 1/12/2012 | |
| Electrical |
| Glumac | | | | |
| 617 W. 7th Street, #500, Los Angeles, CA 90017 | | | |
| E0_1 | ELECTRICAL NOTES AND LEGEND | BID SET | 1/12/2012 | |
| E0_2 | ELECTRICAL NOTES | BID SET | 1/12/2012 | |
| EO_3 | ELECTRICAL LIGHTING FIXTURE SCHEDULE | BID SET | 1/12/2012 | |
| E0_4 | ELECTRICAL SINGLE LINE DIAGRAM | BID SET | 1/12/2012 | |
| EO_5 | ELECTRICAL PANEL SCHEDULES | BID SET | 1/12/2012 | |
| EO_6 | ELECTRICAL PANEL SCHEDULES | BID SET | 1/12/2012 | |
| EO_7 | ELECTRICAL PANEL SCHEDULES | BID SET | 1/12/2012 | |
| EO_8 | ELECTRICAL TITLE-24 FORMS | BID SET | 1/12/2012 | |
| EO_9 | ELECTRICAL LIGHTING CONTROL PANEL SHEET | BID SET | 1/12/2012 | |
| ED1_0 | ELECTRICAL FIRST FLOOR - DEMO PLAN | BID SET | 1/12/2012 | |
| ED2_0 | ELECTRICAL SECOND FLOOR - DEMO PLAN | BID SET | 1/12/2012 | |
| ED3_0 | ELECTRICAL THIRD FLOOR - DEMO PLAN | BID SET | 1/12/2012 | |
| ED4_0 | ELECTRICAL ROOF - DEMO PLAN | BID SET | 1/12/2012 | |
This estimating system is the sole property of KPRS Construction Services, Inc. No part of this estimating system may be reproduced.
| Exhibit "B" |
| Stamps.com |
| | 1990 East Grand Ave., El Segundo, CA |
| | List of Documents |
| | | | | 111447 |
Sheet # | Description | Rev No. | Date | Details |
| E1_0 | ELECTRICAL SITE PLAN | BID SET | 1/12/2012 | |
| E1_1 | ELECTRICAL SITE LIGHTING PLAN | BID SET | 1/12/2012 | |
| E1_2 | ELECTRICAL SITE LIGHTING PHOTOMETRIC PLAN | BID SET | 1/12/2012 | |
| E2_0 | ELECTRICAL POWER PLAN-FIRST FLOOR | BID SET | 1/12/2012 | |
| E2_1 | ELECTRICAL LIGHTING PLAN-FIRST FLOOR | BID SET | 1/12/2012 | |
| E3_0 | ELECTRICAL POWER PLAN-SECOND FLOOR | BID SET | 1/12/2012 | |
| E3_1 | ELECTRICAL LIGHTING PLAN-SECOND FLOOR | BID SET | 1/12/2012 | |
| E4_0 | ELECTRICAL THIRD FLOOR POWER PLAN | BID SET | 1/12/2012 | |
| E4_1 | ELECTRICAL THIRD FLOOR LIGHTING PLAN | BID SET | 1/12/2012 | |
| E5_0 | ELECTRICAL ROOF PLAN | BID SET | 1/12/2012 | |
| E6_0 | ELECTRICAL LIGHTING CONTROL PANEL SHEET | BID SET | 1/12/2012 | |
| Data Center |
| Simon S. Wong & Associates, Inc. | | | |
| 3415 S. Sepulveda Blvd., Los Angeles, CA 90034 | | | |
| EDC-1_1 | DATA CENTER SYMBOLS ABBREVIATIONS AND NOTES | BID SET | 1/9/2012 | |
| EDC-1_2 | DATA CENTER SINGLE LINE DIAGRAM | BID SET | 1/9/2012 | |
| EDC-1_3 | DATA CENTER PANEL SCHEDULES | BID SET | 1/9/2012 | |
| EDC-2_0 | DATA CENTER KEY PLAN | BID SET | 1/9/2012 | |
| EDC-2_1 | DATA CENTER LIGHTING PLAN | BID SET | 1/9/2012 | |
| EDC-2_2 | DATA CENTER POWER PLAN | BID SET | 1/9/2012 | |
| EDC-2_3 | DATA CENTER ELECTRICAL ROOF PLAN | BID SET | 11/28/2011 | |
| EDC-2_4 | SITE PLAN | BID SET | 1/9/2012 | |
| EDC-3_1 | DATA CENTER DETAILS | BID SET | 11/28/2011 | |
| MDC-1_1 | ABBREVIATIONS SYMBOLS LEGEND TITLE 24 FORM & SC | BID SET | 11/28/2011 | |
| MDC-1_2 | UNTITLED | BID SET | 11/28/2011 | |
| MDC-2_1 | DATA CENTER FIRST FLOOR PLAN | BID SET | 11/28/2011 | |
| MDC-2_2 | PARTIAL FIRST FLOOR - DATA CENTER ENLARGED PLAN | BID SET | 11/28/2011 | |
| MDC-2_3 | DATA CENTER MECHANICAL ROOF PLAN & PARTIAL PLANS | BID SET | 11/28/2011 | |
| MDC-3_1 | DATA CENTER MECHANICAL DETAILS | BID SET | 11/28/2011 | |
| PDC-1_1 | FIRST FLOOR KEY PLAN | BID SET | 11/28/2011 | |
This estimating system is the sole property of KPRS Construction Services, Inc. No part of this estimating system may be reproduced.
EXHIBIT"C"
Addendum to Construction Agreement (the "Addendum")
The parties to the Agreement dated January 23, 2012 by and between KPRS Construction Services, Inc. ("Contractor") and Stamps.com Inc. ("Owner") (the "Agreement") intend for the terms in this Addendum to amend and modify the Agreement. All terms not specifically defined herein shall have the same meaning as set forth in the Agreement.
1. Contractor has received the drawings per Exhibit B ("Drawings") from Architect and engineers. Contractor has reviewed Drawings and has provided a Guaranteed Maximum Price ("GMP") of $9,783,485.00 for construction of the renovation project (the "Project") at 1970-1990 E. Grand Avenue in El Segundo, CA. The GMP includes all subcontractor costs, general conditions, insurance and the contractor's fee. The parties agree that based on the Drawings and Specifications presented to Contractor as listed in Exhibit B of this Agreement, that the Contractor shall finish the Work to Substantial Completion for a total cost to Owner of no more than GMP. In no event shall Change Orders alter the GMP to the extent there are no scope changes requested by Owner,
2. The only deviations from the Drawings are the following items which were assumed as part of the GMP and cost reduction alternates being accepted by the Owner..
| | a. | Contractor may install IGS Glass, Inc. glazing system in lieu of the Pilkington glazing system (savings of $226,650 is already assumed in the GMP); |
| | b. | Contractor may use curved glass panels in lieu of 1" 3 form chroma panels and handrail system at central circular stairway (savings of $48,356 already assumed in the GMP); |
| | c. | Contractor may install a wet seal process in lieu of the dry joint system for the exterior aluminum panels (savings of $105,300 is already assumed in the GMP); |
| | d. | Contractor may consider alternate manufacturers of the VAV boxes and fans, consider an alternate air balance company, and may open the specifications for some of the mechanical equipment and ductwork accessories and grills in the HVAC systems (savings of $50,000 is already assumed in the GMP); |
| | e. | Contractor may consider other equal lighting manufacturers and may consider an alternate lighting control in the Electrical systems (savings of $75,000 is already assumed in the GMP). |
| | f. | Use alternative glass in lieu of specified pulp studios since the pulp studios glass lead time is an issue for the schedule. |
EXHIBIT "C"
3. To the extent that the Final Drawings do not fully specify exactly how to construct a portion of the Project, Contractor has had sufficient opportunity to investigate any such issues and has a full understanding of all such items and potential cost implications, and the costs of all of these items are fully incorporated into the GMP. However there may need to be changes in documents to maintain the intent. The Owner and Architect will cooperate with the Contractor.
4. To the extent that the Final Drawings specify items which are flawed or unsuitable, or which may result in long term defects or issues with the Project, Contractor has had sufficient opportunity to investigate any such issues and has a full understanding of all such items and potential cost implications, and the costs of fixing or improving these items are fully incorporated into the GMP. However there may need to be changes in documents to maintain the intent. The Owner and Architect will cooperate with the Contractor.
5. Other than shop drawings prepared for Owner related to the new building elevator prior to the date of this Agreement, Contractor acknowledges and agrees that it has made no assumptions regarding the existence or completeness of any other shop drawings in preparing the schedule for Substantial Completion or the budget.
6. The Project requires construction of a data center. Contractor has included all items shown on the drawings which must be purchased for the data center construction under GMP except for the following items which shall be purchased by Owner and delivered to Project location for installation by Contractor:
| | a. | Generator, fuel and automatic transfer switch; |
| | b. | Air handlers & condensers; |
| | c. | Uninterruptable power supplies (2x300, lx80, lx50) and associated batteries; |
| | d. | Racks and all items attached thereto; |
| | f. | Low voltage data cabling, racking, terminations, and testing. |
7. For the Work related to the data center, the GMP includes installation and configuration (where applicable) of all data center items shown on the Drawings whether provided by Owner or provided by Contractor under the GMP, and work needed to deliver data center ten (10) business days prior to Target Date, including but not limited to the following items:
| | a. | Trenching for conduit for the new transformer (currently assumed to require 2 banks of 6" sleeves from the new transformer to the buildings) and all other electrical labor and materials required to bring new electrical service to the buildings; |
| | b. | Trenching for the conduit for the new generator (currently assumed to be a 500 foot run), generator pad [per design provided on 1/23/12], ATS and all other labor and materials required to deliver a stand-by emergency power system; |
| | c. | All panels, receptacles, UPS units, conduit, wiring and all other labor and materials necessary to implement the data center electrical, mechanical and plumbing design; |
EXHIBIT"C"
| | d. | Duct work and installation of all provided components. |
| | e. | Generator enclosure (of the same aesthetics as the building exterior, e.g. a concrete masonry wall covered by matching plaster). |
8. Items not included under the GMP are the following:
| | a. | Low voltage cabling except as shown on Drawings |
| | b. | Window blinds or treatments |
| | c. | Purchase of appliances (except installation of said appliances is included in GMP) |
| | d. | Purchase of fish tank and related fish tank equipment (except fish tank support and surrounding finishes is included in GMP) |
| | e. | Audio visual systems (except conduit and backboxes shown on the drawings is included in GMP) |
| | f. | Security systems (except conduit and backboxes shown on the drawings is included in GMP) |
| | g. | Furniture that is not considered a permanent fixture in the building |
| | h. | Delays or costs to mitigate ground water and saturated soils if found during foundation construction. |
| | i. | The Owner's move-in costs |
| | j. | Telephone system or wiring |
| | k. | Stamps logo or building signage is an Owner responsibility item. Note A6.5. |
| | 1. | Keying- Contractor will provide construction cores. |
| | m. | Window washing equipment |
| | n. | Floor Moisture testing & treatment in existing structures |
9. Contractor shall provide pricing for a complete foam roof over the existing 1990 building for review by the Owner. The pricing when received will fall within the GMP budget for the roofing line item and carry a 10 year no dollar limit NDL warranty.
10. The fire sprinkler system price is based on assuming that the current flow and water pressure is adequate and a fire pump will not be required.
11. We have included utilizing 4.75" fins at exterior glazing in lieu of 6" shown as part of schedule considerations and cost reduction measures.
12. At building 1970 we have included leaving tenant walls in place at locations of new perimeter curtain walls in lieu of demolition.
13. Contractor's GMP includes a $100,000 allowance which is anticipated to be sufficient to cover all exterior lighting including but not limited to landscape lighting, parking lot lighting, and fountain lighting as specified on Drawings. This allowance may need to implement alternative fixtures and the design team must cooperate with KPRS to achieve this $100,000 budget. (KPRS cannot guarantee this as a not to exceed allowance. It is a true allowance as defined in the contract.)
14. In addition to any other Contractor personnel, workers, Subcontractors or consultants required to perform the Work, Contractor shall supply a qualified roofing and glazing waterproofing consultant, included within the Guaranteed Maximum Price, to advise and provide assistance on the Work. KPRS will engage a waterproofing consultant for peer review and periodic construction consultation and inspection. No other third party inspection has been anticipated in the GMP. Stamps.com shall provide a deputy inspector and soil inspector.
EXHIBIT "C"
15. Contractor acknowledges and agrees that there are third party tenants occupying the 1970 East Grand Avenue building ("Tenants") during the Work. As part of the work and included in the GMP, Contractor shall take all commercially reasonable best practices to ensure the quiet and undisturbed occupancy of Tenants, including, without limitation, parking availability, access for visitors to the tenants, and cleanliness of the work site. To the extent it is necessary for Contractor to perform work that may affect the occupancy of Tenants, Contractor shall provide at least 30 days notice of such work, including the length of time involved, exact hours when work will be performed, and all remediation efforts planned. Remediation efforts to reduce the impact on the Tenants shall be included under the GMP and shall include, but not be limited to, industry standard protection for weather and dust sealing interior space with temporary walls, and providing sufficient emergency generator power during any site electrical work that impacts tenant electrical service. Contractor, subject to Owner approval, shall accommodate all reasonable Tenants requests regarding the performance of Work that may affect their quiet and undisturbed occupancy of their premises including but not limited to working exclusive outside of normal business hours on the 1970 E Grand building. All cost related to requirements under this paragraph are included under the GMP. However, Owner is providing Builder's Risk insurance and the Contractor is not assuming liability which is part of this coverage.
16. Contractor is responsible under the GMP for all industry standard site and material security at all times including but not limited to site lighting, camera, and secure storage of all materials. The GMP does not anticipate a full time security service. Owner is providing Builder's Risk insurance and the Contractor is not assuming liability which is part of this coverage.
17. In the event of any conflict between the terms of this Addendum and those in the Agreement, this Addendum shall control.
This Addendum may be executed in any number of counterparts, each of such counterparts shall for all purposes be deemed to be an original, and all such counterparts shall together constitute but one and the same instrument.
| Stamps.com Inc. | | KPRS Construction Services, Inc. |
| | | | | | |
| | | | | | |
| By: | | | By: | /s/ Joel Stensby | |
| Name: | | | Name: | Joel Stensby | |
| Title: | | | Title: | President | |
| Date: | | | Date: | January 23, 2012 | |
| | | | | | |
| | | | By: | /s/ Paul Kristedja | |
| | | | Name: | Paul Kristedja | |
| | | | Title: | Vice President | |
| 2850 Saturn Street | T 714 672 0800 | info@kprsinc.com | |
| Brea, California 92821 | F 714 672 0871 | www.kprsinc.com | License # 751130 |
Exhibit "D"
Stamps.com
Equipment Machine & Tool Cost Schedule
Since KPRS is not self performing major line items, this Exhibit is minimized.
| | ● | Temporary toilets - invoiced rate per vendor invoice |
| | ● | Wash stations - invoiced rate per vendor invoice |
| | ● | Safety equipment - invoiced rate per vendor invoice |
| | ● | Office supplies for site office - $500 per month |
| | ● | Postage for site office - $250 per month |
| | ● | Progress photos - invoiced rate per vendor invoice |
| | ● | Copy machine & supplies - $800 per month |
| | ● | Computer rental- $100 per computer per month per employee |
| | ● | Employee auto allowance - varies per employee |
| | ● | Cell phone usage - invoiced rate per vendor invoice |
| | ● | Other equipment or machine rental - invoiced rate per vendor invoice |
| KPRS Construction Services, Inc. | Experience Innovation Dedication |
| 2850 Saturn Street | T 714 672 0800 | info@kprsinc.com | |
| Brea, California 92821 | F 714 672 0871 | www.kprsinc.com | License # 751130 |
Exhibit "E"
Stamps.com
Reimbursable Staff
| Individual | Code | Position | Monthly Rates |
| | | | |
| Joel Stensby | JS | President | Not Billable |
| Lev Rabinovich | LR | Pre-Construction Manager-Vice President | Not Billable |
| Paul Kristedja | PK | Operations Manager-Vice President | Not Billable |
| | | Senior Project Manager | Actual Salary Plus 45% |
| | | Project Manager | Actual Salary Plus 45% |
| | | Project Superintendent | Actual Salary Plus 45% |
| | | Project Engineer | Actual Salary Plus 45% |
| | | Assistant Superintendent | Actual Salary Plus 45% |
| | | Project Estimator | Actual Salary Plus 45% |
| | | Safety Engineer | Actual Salary Plus 45% |
| | | Scheduling Engineer | Actual Salary Plus 45% |
| | | Accounting | Actual Salary Plus 45% |
| | | Clerk/Secretary/Administrative Assistant | Actual Salary Plus 45% |
Notes:
| | ● | Reimbursable Staff is based on actual time working on this project whether at the job or at the contractor's office |
| | ● | Actual Base Salary plus Stipulated Sum of 45% for Benefits |
| KPRS Construction Services, Inc. | Experience Innovation Dedication |
