UNIVERSITY OF SOUTH FLORIDA

4202 EAST FOWLER AVE. TAMPA, FLORIDA 33620

CONTROLS MODIFICATIONS AT

ATH BUILDING

PREPARED BY: ASR ENGINEERING, INC.

9720 N. ARMENIA AVE, SUITE F TAMPA, FL 33612

TEL/FAX: 813-935-7280 Email: asrengineering@earthlink.net

JANUARY 15, 2014

P R O J E C T M A N U A L

for

USF Project Name: HVAC Controls Modifications at Athletics Building

University of South Florida, Tampa Campus

USF Project No. PD148013480101

UNIVERSITY OF SOUTH FLORIDA TAMPA, FLORIDA

Date Issued: June 10, 2005 Amended: July 7, 2006 Amended: August 10, 2006 Amended: May 8, 2008

Amended: November 9, 2009 Amended: October 5, 2010

SET No.

Page 1 of 106 June 10, 2005

Amended: July 7, 2006, August 10, 2006, May 8, 2008, November 9, 2009

(THIS PAGE LEFT INTENTIONALLY BLANK)

Page 2 of 106 June 10, 2005

PROJECT MANUAL

INDEX 1. BIDDING CONDITIONS PAGE A - Call for Bids 4 B - Instructions to Bidders 6 C - Proposal Form 17 D - List of Subcontractors 20 I I. CONTRACTUAL CONDITIONS E - General Conditions of the Contract for Construction

AIA Document A201 as Modified. Dated October 16, 1989 (Pages 23 through 79) (INSERT “hard copy” PAGES 23-79) 23

F - Forms of Performance and Payment Bonds 80 G - Form of Owner - Contractor Agreement for Construction 86 H - Forms

Certificate of Substantial Completion 95 Certificates of Contract Completion 96 Antitrust Claims Form 98 Certificate of Non-Segregated Facilities 99 Change Order Form (and Change Order Justification Form) 100 Construction Change Directive Form 102 Schedule of Values Form 103 Payment Requisition Routing Slip 104 Certificate of Partial Payment Form 105 Project Sign (INSERT USF SIGN LAYOUT “pdf” file) 106

I - Special Conditions I-1 thru I-24 J - Supplementary Conditions to the General Conditions of the Contract for Construction J-1 thru J-5 K- Supplementary Conditions for Construction Management Contracts K-1 thru K-2 I I I. TECHNICAL SPECIFICATIONS Pages Numbered Separately

Page 3 of 106 Pages June 10, 2005

Call for Bids

(THIS PAGE LEFT INTENTIONALLY BLANK) A Page 4 of 106 Pages A

June 10, 2005

(THIS PAGE LEFT INTENTIONALLY BLANK) A Page 5 of 106 Pages A

June 10, 2005

INSTRUCTIONS TO BIDDERS

INDEX

ITEM PAGE

Index B-1 Project Manual Terminology .............................................................................................................................................. 8 B-2 Qualification of Bidders ..................................................................................................................................................... 9 B-3 Familiarity with Laws ......................................................................................................................................................... 9 B-4 Florida Products and Labor . .............................................................................................................................................. 9 B-5 Taxes ................................................................................................................................................................................ 9 B-6 Progress Payments ......................................................................................................................................................... 10 B-7 Contract Documents ....................................................................................................................................................... 10 B-8 Alternates ........................................................................................................................................................................ 10 B-9 Addenda .......................................................................................................................................................................... 10 B-10 Interpretation of Bidding Documents ............................................................................................................................... 10 B-11 Examination of Bidding Documents and Site of Work ..................................................................................................... 10 B-12 Basis for Bidding - Trade Names .................................................................................................................................... 11 B-13 Bid Guarantee ................................................................................................................................................................. 11 B-14 Surety Companies Acceptable to the Owner ................................................................................................................... 11 B-15 Listing of Subcontractors ................................................................................................................................................ 12 B-16 Preparation and Submission of Bids ............................................................................................................................... 13 B-17 Bid Modifications ............................................................................................................................................................. 13 B-18 Withdrawal of Bids .......................................................................................................................................................... 13 B-19 Receipt and Opening of Bids .......................................................................................................................................... 14 B-20 Disqualification of Bids .................................................................................................................................................... 14 B Page 6 of 106 Pages B

June 10, 2005

PAGE B-21 Rejection of Bids ........................................................................................................................................................... 14 B-22 Bid Protest ..................................................................................................................................................................... 14 B-23 Contract Award ............................................................................................................................................................... 15 B-24 Time of Completion and Liquidated Damages ................................................................................................................ 15 B-25 Equal Opportunity ............................................................................................................................................. ……..... 15 B-26 Special Conditions ........................................................................................................................................................... 15 B-27 Partial Sets of Bidding Documents.................................................................................................................................. 16 B-28 Supplemental Conditions to the General Conditions ...................................................................................................... 16 B Page 7 of 106 Pages B

June 10, 2005

INSTRUCTIONS TO BIDDERS B-1 PROJECT MANUAL TERMINOLOGY INDEX OF TERMS: Whenever in these Instructions to Bidders the following terms (or pronouns which replace these

terms) are used, their intent and meaning shall be interpreted as follows: ADDENDA: A written or graphic instrument issued by the Architect/Engineer prior to the execution of the

Contract which modifies or interprets the Bidding Documents by addition, deletion, clarification and/or correction.

AGREEMENT: “Agreement” shall mean the document entitled “Owner-Contractor Agreement for Construction.” ALTERNATE: An alternative use or type of material or an increase or decrease in the scope of the project, as

specifically identified by the plans and/or the specifications. ARCHITECT/ENGINEER: The firm identified in the Call for Bids. (See also Subparagraph 4.1.1 of the General Conditions.) BASE BID: The sum stated in the Proposal for which the Bidder offers to perform the Work described in the

Bidding Documents as the base, to which Work may be added, or from which Work may be deleted for sums stated in Alternate Bids.

BIDDER: Any individual, firm partnership or corporation submitting a proposal for the Work contemplated. BIDDING DOCUMENTS: The Call for Bids, Instructions to Bidders, the Proposal Form, and the proposed Contract

Documents, including any Addenda issued prior to receipt of bids. CALL FOR BIDS: The “Call for Bids” consists of the Advertisement for Bids and/or the Invitation to Bid. CONTRACT: The “Contract” is comprised of the Contract Documents as defined in Article 1 of the General

Conditions and listed in the Owner-Contractor Agreement. CONTRACTOR: Any individual, firm, partnership or corporation entering into an agreement to perform the Work

specified herein. DRAWINGS: The drawings or reproductions thereof pertaining to the Work to be performed and which have

been prepared or approved by the Architect/Engineer. OWNER: University of South Florida Board of Trustees, A public body corporate, or Authorized Designee. PROJECT MANUAL: All items listed in the Project Manual Index. (see page 3) PROPOSAL: A bid for the contemplated Work which the Bidder shall submit on approved forms. PUBLIC ENTITY CRIME: A crime as defined in Sections 287.132 and 287.133, Florida Statutes. SPECIFICATIONS: See subparagraph 1.1.6 of the General Conditions. SURETY: The corporate body which is bound with and for the Contractor, which is primarily liable and which

guarantees the faithful performance of the Contract. B Page 8 of 106 Pages B

June 10, 2005

B-2 QUALIFICATION OF BIDDERS PREQUALIFICATION: In order to be eligible to submit a Proposal, a Bidder must:

(1) Where the scope of the Work falls within the provisions of Chapter 489, Florida Statutes, hold the required applicable license in good standing at the time of the receipt of bids;

(2) Hold a currently active Florida Corporation Charter Number in accordance with Chapter 607, Florida Statutes, if the Bidder is a corporation;

(3) Not be disqualified at the time of the bid submittal through disqualification procedures described in Chapter 6C-14.022, Florida Administrative Code;

(4) Meet any special requirements set forth in the Special Conditions of this Project Manual; and, (5) Not have been convicted of a public entity crime, within 36 months prior to the bid date for this project.

B-3 FAMILIARITY WITH LAWS The Bidder is required to be familiar with all federal, state and local laws, ordinances, rules and regulations that in any manner affect the Work. Ignorance on the part of the Bidder will in no way be considered relief from responsibility for compliance with their requirements. The application of Chapter 553 “threshold building” requirements to this project is specifically addressed in the Special Conditions of this Project Manual. B-4 FLORIDA PRODUCTS AND LABOR The Contractor’s attention is called to Section 255.04, Florida Statutes, which requires that on public building contracts Florida products and labor shall be used wherever price and quality are equal, subject to considerations set forth in that Section of the Statutes relating to comparisons of quality of materials, as well as qualifications, character, responsibility and fitness of materialmen, contractors, and builders proposed for employment. B-5 TAXES Contractors who purchase materials which will be used in the construction of a State-owned building will not be exempted from the sales tax on these materials. The Owner is not subject to:

Federal excise taxes on materials or appliances that are incorporated into and become a part of the completed improvement. Federal tax on transportation of property.

In every case of purchase of materials to be incorporated in the Work, which are subject to federal excise tax, the Owner will furnish to the Contractor the necessary Federal Excise Tax Exemption Certificate upon receipt of a copy of the supplier’s invoice showing the item or items, the net price, and federal excise tax separately. The Bidder shall take these factors into consideration in preparing the Proposal, including therein the cost of the state sales and use tax on materials, but excluding the cost of those taxes not applicable. The Owner reserves the right to require the Contractor to develop, manage, and administer a Sales Tax Exempt Purchasing Program for selected portions of the work, by change order to this contract, if it is determined to be in the best interest of the University, in accordance with the requirements of the Department of Revenue and in adherence with the Sales Tax Exempt Purchasing Procedures, Fixed Capital Improvement Projects, University of South Florida. If implemented, the Contractor shall name the Owner as an additional insured on the Contractor’s Builder’s Risk Insurance to continue to cover the direct purchase materials and the Owner shall pay for the cost of such insurance. B Page 9 of 106 Pages B

June 10, 2005

B-6 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect/Engineer by the Contractor and Certificates for Payment issued by the Architect/Engineer, the Owner shall make monthly progress payments to the Contractor as noted in Article 9 of the General Conditions. Special requirements relating to payments for projects of less than $100,000, which are exempt from the requirements for Payment and Performance Bonds, are addressed in the Special Conditions. B-7 CONTRACT DOCUMENTS Contract Documents are as described under Article 1 of the General Conditions and listed in the Agreement. B-8 ALTERNATES Alternates shall be listed on the Proposal Form in such a manner to clearly indicate what amounts are to be added to (or deducted from) the Base Bid. Failure of a Bidder to quote one or more Alternates may result in the bid being rejected. (See B-23). B-9 ADDENDA In case the Architect/Engineer finds it necessary to supplement, modify or interpret any portion of the Bidding Documents during the bidding period, such procedure will be accomplished by the issuance of written Addenda to the Bidding Documents which will be delivered or mailed to all known prospective Bidders. Except for minor revisions, corrections, or clarification, Addenda will be issued no less than seven (7) calendar days prior to the date scheduled for receipt of bids. Minor revisions, corrections or clarifications will be issued as telegraphic addenda no less than three (3) calendar days prior to the date scheduled for the receipt of bids. Thereafter, the only addendum will be telegraphic and will be only to withdraw the request for bids, or to postpone the date for the receipt of bids. B-10 INTERPRETATION OF BIDDING DOCUMENTS No interpretation of the meaning of the Drawings, Specification, or other Bidding Documents, and no correction of any apparent ambiguity, inconsistency or error therein, will be made to any Bidder orally. Every request for such interpretation or correction shall be in writing, addressed to the Architect/Engineer. All such interpretations and supplemental instruction will be in the form of written addenda to the Bidding Documents. Only the interpretation or correction so given by the Architect/Engineer, in writing shall be binding. Bidders are advised that no other source is authorized to give information concerning, or to explain or interpret the Bidding Documents. B-11 EXAMINATION OF BIDDING DOCUMENTS AND SITE OF WORK Bidders are required, before submitting their Proposals, to visit the site of the proposed Work and completely familiarize themselves with the nature and extent of the Work and any local conditions that may in any manner affect the Work to be performed and the equipment, materials, and labor required. They are also required to examine carefully the drawings, specifications and other Bidding Documents, to inform themselves thoroughly regarding any and all conditions and requirements that may in any manner affect the Work. B Page 10 of 106 Pages B

June 10, 2005

B-12 BASIS FOR BIDDING - TRADE NAMES For clarity of description and as a standard of comparison, certain equipment and materials have been specified by trade names or manufacturers. To insure a uniform basis for bidding, the Bidder shall base the Proposal on the particular systems, equipment or materials specified and approved substitutes as provided in Paragraph 3.19, Substitutes, of the General Condition. After bids are received, no equipment or materials will be approved as a substitute for the specified product. B-13 BID GUARANTEE Proposals shall be accompanied by a bid guarantee of not less than five (5) percent of the amount of the base bid. This bid guarantee may be a certified check; cashier’s check, treasurer’s check or bank draft of any national or state bank; or bid bond made payable to the Owner. Such check or bid bond shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw the bid for a period of forty-five (45) days after the scheduled closing time for the receipt of bids; that if the Proposal is accepted, the Bidder will enter into a written contract with the Owner in accordance with the Agreement included as a part of the Contract Documents, and that the required Labor and Materials Payment Bond and Performance Bond will be given; and that in the event of failure to execute said Agreement and give said bonds within ten (10) days after receipt of the form of Agreement and bonds from the Owner, the Bidder shall be liable to the Owner for the full amount of the bid guarantee as representing the damage to the Owner on account of the default of the Bidder in any particular hereof. The bid guarantees shall be returned to all Bidders after execution of the Agreement and the Labor and Materials Payment Bond and the Performance Bond have been approved by the Owner. If the required Agreement and bonds have not been executed within forty-five (45) days after the date of the opening of the bids, then the bid bond or check of any Bidder will be returned upon request, provided the Bidder has not been notified of the acceptance of the Bidder’s Proposal prior to the date of such request. B-14 SURETY COMPANIES ACCEPTABLE FOR OWNER The Surety for the Bid Bond does not necessarily have to be the same as for the Labor and Material Payment and Performance Bonds. 1. Bid Bonds.

To be acceptable to the Owner as Surety for Bid Bonds, a Surety Company must meet the following requirements at the time the invitation to bid is issued: a. Be in good standing with the Florida Department of Insurance. b. Be authorized or approved to do business in the State of Florida. c. Be authorized to write Surety Bonds in the State of Florida. d. The Bid Bond must be signed by a Florida Licensed Resident Agent who holds a current Power of Attorney

from the Surety Company issuing the Bid Bond. e. Have twice the minimum surplus and capital required by the Florida Insurance Code. f. Be in compliance with all other provisions of Florida Insurance Code (no violation). g. Hold a current valid certificate of authority issued by the United States Department of Treasury under

SS 31 USC 9304-9308. B Page 11 of 106 Pages B

June 10, 2005

2. Performance Bonds and Labor and Material Payment Bonds.

The Contractor shall furnish the Owner with a State of Florida 100% Labor and Materials Payment Bond and a Performance Bond written by a Surety Company acceptable to the Owner and authorized to do business in the State of Florida and signed or countersigned by a Florida Licensed Resident Agent who holds a current Power of Attorney from the Surety issuing the Bond. The required forms of the Labor and Material Payment Bond, and the Performance Bond are included in the Project Manual. The cost of the Bonds shall be borne by the Contractor. The Bonds shall be accompanied by a duly authenticated or certified document, evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the Bonds. In the usual case the conferring of that authority has occurred prior to the date of the Bonds, and the document showing the date of appointment and enumeration of powers of the person executing the Bonds is accompanied by a certification that the appointment and powers have not been revoked and remain in effect. The date of that certification cannot be earlier than the date of the Bonds. The Bonds shall not be dated earlier than the Agreement. To be acceptable to the Owner as Surety for Performance and Labor and Materials Payment Bonds, a Surety Company must meet the following requirements at the time the invitation to bid is issued: a. Be in good standing with the Florida Department of Insurance. b. Authorized or approved to do business in the State of Florida. c. Authorized to write Surety Bonds in the State of Florida. d. For projects for which the contract amount is $500,000 or less:

(1) Have twice the minimum surplus and capital required by the Florida Insurance Code. (2) Be in compliance with all other provisions of Florida Insurance Code (no violation). (3) Hold a current valid certificate of authority issued by the United States Department of Treasury

under SS 31 USC 9304-9308. e. For projects for which the contract amount is $500,000 or greater:

(1) The Surety Company shall have been in business and have a record of successful continuous operation for at least five years, unless this provision is expressly deleted by addendum or by the Special Conditions to this Project Manual; and

(2) Except for asbestos contracts, for which a B rating is acceptable, the Surety Company shall have at least the following minimum ratings:

CONTRACT AMOUNT BEST RATING REQUIRED FINANCIAL SIZE

$500,000 to 749,999 A Class V $750,000 to 999,999 A Class VI

$1,000,000 to 1,499,999 A Class VII $1,500,000 to 9,999,999 A Class VIII

$10,000,000 or more A Class IX B-15 LISTING OF SUBCONTRACTORS Each Bidder shall submit with the Proposal a full and proper list of subcontractors who will perform the segments of the Work as indicated by the “List of Subcontractors Form” contained in this Project Manual.

B Page 12 of 106 Pages B June 10, 2005

The Bidder shall have determined to the Bidder’s own complete satisfaction that any listed subcontractor has been successfully engaged in this particular type of business for a reasonable length of time, has successfully completed installations comparable to that which is required by the Contract, holds the required license, and is qualified both technically and financially to perform that pertinent subcontract for which the subcontractor is listed. If a Bidder lists itself to perform a particular segment of Work, it must hold the applicable license as required by law. Subcontractors shall be listed in such a way that their identities may not be confused with other subcontractors doing business under the same or a similar name. The street address or telephone number, or the registration or certification number shall be included on the List of Subcontractors Form for this purpose. B-16 PREPARATION AND SUBMISSION OF BIDS Each Proposal shall be submitted on the form contained in the Project Manual and bid prices shall be indicated thereon in proper spaces, for the entire Work and for all Alternates. (See B-8) In the event of a discrepancy in the bid amount on the Proposal between the numeric and written quotes, the written amount will govern. Each Proposal must give the full business address of the Bidder and state whether it is an individual, corporation or partnership. Proposals by a corporation must be signed with the legal name and seal of the corporation followed by the name of the state of its incorporation and the manual signature and designation of an officer, agent or other person authorized to bind the corporation. B-17 BID MODIFICATIONS Bid modifications will be accepted from Bidders, if addressed as indicated on the Proposal Form and if received prior to the Opening of Bids. No bid modification will be accepted after the close of bidding has been announced. Modifications may be in the form of telegrams or may be indicated in the modification space provided on the Proposal Form. IMPORTANT NOTE: Modifications indicated on the outside of the sealed bid envelope and unsigned modifications will have no status and will not be a consideration of the bid award, but will not serve to disqualify the Bidder. Modifications to a bid will be read by the Owner or Architect/Engineer prior to the reading of the formal bid. B-18 WITHDRAWAL OF BIDS Bids may be withdrawn on written or telegraphic request received from Bidders prior to the time fixed for opening of bids. Negligence on the part of the Bidder in preparing the Proposal confers no right for withdrawal of the bid after it has been opened. No bid may be withdrawn after the opening of bids is commenced. B Page 13 of 106 Pages B

June 10, 2005

B-19 RECEIPT AND OPENING OF BIDS Bids shall be deposited at the designated location prior to the time for receipt of bids indicated in the Call for Bids, or any extension thereof made by Addendum. Bids received after the time for receipt of bids will not be accepted. Bids will be publicly opened and read at the time and place stated in the Call for Bids. The officer whose duty it is to open them will decide when the specified time has arrived and no bids received thereafter will be considered. No responsibility will be attached to any officer for the premature opening of a bid not properly addressed and identified. On the day of the reading of the Proposals, a tabulation of the bids will be posted at the location where the bids were opened. B-20 DISQUALIFICATION OF BIDS By submittal of a Proposal, a Bidder professes not to be disqualified from bidding State work nor under suspension resulting from conviction of contract crime including any act prohibited by state or federal criminal law which involves fraud, bribery, collusion, conspiracy, violation of state or federal antitrust laws, or material misrepresentation committed in any federal or state jurisdiction with respect to public contract. Any or all Proposals will be rejected if there is reason to believe that collusion exists among the Bidders; no participants in such collusion will be considered in future Proposals for the same Work. Proposals in which prices obviously are unbalanced may be rejected by the Owner. Falsification of any entry made on a Bidder’s Proposal will be deemed a material irregularity and will be grounds for rejection. B-21 REJECTION OF BIDS The Owner reserves the right to reject any and all bids when in the opinion of the Owner such rejection is in the best interest of the Owner. B-22 BID PROTEST Any person who is affected adversely by the Owner’s decision or intended decision shall file Director, Facilities Planning and Construction, University of South Florida, 4202 East Fowler Avenue, FPC 110, Tampa, Florida 33620-7550, a notice of protest in writing within 72 hours, excluding Saturday, Sunday, and State legal holidays, after receipt of the bidding documents if the protest is directed toward the bidding conditions or after the notice of the Owner’s decision or intended decision on contract award or bid rejection if the protest is directed toward contract award or bid rejection. Thereafter, a formal written protest by petition in compliance with Section 120.53(5), and Section 120.57,F.S., must be filed with the Director, Facilities Planning and Construction, University of South Florida, 4202 East Fowler Avenue, FPC 110, Tampa, Florida 33620-7550, within ten (10) days after the date the notice of protest was filed. Failure to file a timely notice of protest, failure to file a timely formal written protest petition, or failure to post Bond or other security required by law within the time allowed for filing a bond, shall constitute a waiver of protest proceedings, and a waiver of the person’s right to proceedings under Chapter 120, F.S. Any protest filed prior to receipt of the notice of the Owner’s decision or intended decision will be considered abandoned unless renewed within the time limit provided for protests. B Page 14 of 106 Pages B

June 10, 2005

B-23 CONTRACT AWARD (Amended August 10, 2006) The Contract will be awarded by the Owner, to the lowest responsive and responsible Bidder provided the bid is reasonable and it is in the best interest of the Owner to accept it. The contract award will be made to that responsible Bidder submitting the lowest responsive aggregate bid within the pre-established construction budget. The aggregate bid shall consist of the base bid plus accepted additive alternate bids, or less accepted deductive bids, applied in the numerical order in which they are listed on the bid form. If the base bid exceeds the amount of the pre-established construction budget, the Owner may reject all bids, may negotiate with the lowest responsible and responsive Bidder in accordance with applicable Statues and Rules, or subject to the availability of additional funding, may award the base bid to the lowest responsible and responsive Bidder and any alternates in the numerical order listed providing that the lowest responsible and responsive Bidder does not change. B-24 TIME OF COMPLETION AND LIQUIDATED DAMAGES The Work to be performed under this Contract shall be commenced within ten (10) calendar days after the date indicated on the Notice to Proceed, shall be substantially completed within _____ calendar days after the date indicated on the Notice to Proceed, and shall be finally completed within 30 calendar days after the date of Substantial Completion. Inasmuch as failure to complete the Work within the above stated time will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is hereby agreed that if the Work is not substantially completed, according to the definition of “Substantial Completion” in Article 8.4 of the Agreement, or within such further time, if any, as in accordance with the provisions of the Contract Documents shall be allowed for such Substantial Completion, the Contractor shall pay to the Owner as liquidated damages for such delay, and not as a penalty, $_________ for each and every calendar day elapsing between the date fixed for Substantial Completion in Article 4.1 of the Agreement and the date such Substantial Completion is fully accomplished. Said liquidated damages shall be payable in addition to any excess expenses or costs payable by the Contractor to the Owner under the provisions of Article 14 of the General Conditions, and shall not preclude the recovery of damages by the Owner under other provisions of the Contract Documents. This provision for liquidated damages for delay shall in no manner affect the Owner’s right to terminate the Contract as provided in Article 14 of the General Conditions or elsewhere in the Contract Documents. The Owner’s exercise of the right to terminate shall not release the Contractor from an obligation to pay said liquidated damages in the amount set out in Article 4.2 of the Agreement. The Owner may, by Construction Change Directive, deduct from the balance retained by the Owner under the provisions of Article 4 of the Agreement, the liquidated damages stipulated therein or such portion thereof as the retained balance will cover. B-25 EQUAL OPPORTUNITY As part of the University of South Florida’s strategic plan, USF made a commitment to foster a diverse community distinguished by a shared purpose, collaboration, open and timely communication, mutual respect, trust, and inclusiveness. The University of South Florida is an equal opportunity institution, and, as such, strongly encourages the lawful use of Minority and Women-owned Business Enterprises (“MBEs”) in the provision of design and construction-related services by providing a fair and equal opportunity to compete for, or for participation in, design and/or construction-related services. The USF Supplier Diversity Coordinator, USF Purchasing and Financial Services, 813-974-3292, may be contacted to obtain information on Minority and Women-owned Business Enterprises. B-26 SPECIAL CONDITIONS Bidders shall be thoroughly familiar with the Special Conditions and their requirements. B Page 15 of 106 Pages B

June 10, 2005 Amended August 10, 2006

B-27 PARTIAL SETS OF BIDDING DOCUMENTS Familiarity with the full set of Bidding Documents is recommended to assure that the interface among trades is fully identified. The sale of a partial set of Bidding Documents is predicated upon the buyer having had the opportunity to examine a full set, and having accepted the full responsibility for determining that the purchased partial set provides the information necessary to convey the full requirements as revealed by the complete set. Neither the Owner nor the Architect/Engineer shall be liable for the information revealed on less than complete sets of Bidding Documents. B-28 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Bidders shall be thoroughly familiar with the Supplementary Conditions to the “General Conditions to the Contract for Construction”, and their requirements.

(remaining portion of this page intentionally left blank) B Page 16 of 106 Pages B

June 10, 2005

PROPOSAL FORM Page 1 of 3

FROM: (Bidder’s Name)

(Address)

(Address)

(FL Corporate I.D. Number)

TO: Facilities Planning and Construction

University of South Florida 4202 East Fowler Avenue, FPC 110 Tampa, Florida 33620-7550 DATE: If the Bidder wishes to make last minute modifications to the Proposal, the following spaces may be used (See B-17): The undersigned, hereinafter called “Bidder,” having visited the site of the proposed Project and having become familiar with the local conditions, nature and extent of the Work, and having examined carefully the drawings and the Project Manual dated June 10, 2005, proposes to furnish all labor, materials, equipment and other items, facilities, and services for the proper execution and completion of Project Name & Address: _________________________________________________________ Project Number: USF Project No. in full accordance with the Contract Documents prepared by the firm of Name and Address of the Architect/Engineer: _______________________________________________________________ __________________________________________________________________________________________________ in full accordance with the Call for Bids, Instructions to Bidders, Agreement and all other documents relating thereto on file in the Office of the Architect/Engineer and if awarded the Contract, to complete said Work within the time limits specified for the following bid price: Base Bid

Dollars ($ ) With the foregoing as a Base Bid, the following costs of alternate proposals are submitted in accordance with the drawings and specifications. All alternates must be quoted. (See B-8) Unless the Bidder specifically indicates on the Proposal Form that the quotation for the alternate is deductive, all quotations will be considered as additive to the Base Bid. C Page 17 of 106 Pages C

June 10, 2005

PROPOSAL FORM Page 2 of 3

Alternate No. 1 Add (Deduct) $ Provide ___________________________________________. Alternate No. 2 Add (Deduct) $ Provide ___________________________________________. Alternate No. 3 Add (Deduct) $ Provide ___________________________________________. Alternate No. 4 Add (Deduct) $_____________________ Provide ___________________________________________. Alternate No. 5 Add (Deduct) $_____________________ Provide ___________________________________________. Alternate No.6 Add (Deduct) $_____________________ Provide ___________________________________________. C Page 18 of 106 Pages C

June 10, 2005

PROPOSAL FORM Page 3 of 3

There is enclosed a cashier’s check, bank draft, or Bid Bond in the amount of not less than five (5) percent of the Base Bid payable to the University of South Florida, as a guarantee for the purpose set out in the Instructions to Bidders.

Bidder Initial There is enclosed a list of subcontractors as prescribed by Article B-15 of the Instructions to Bidders.

Bidder Initial The Bidder hereby agrees that:

a. The above Proposal shall remain in full force and effect for a period of forty-five (45) calendar days after the time of the opening of this Proposal and that the Bidder will not revoke or cancel this Proposal or withdraw from the competition within the said forty-five (45) calendar days.

b. In the event the contract is awarded to this Bidder, the Bidder will enter into a formal written Agreement with the Owner in accordance with the accepted bid within ten (10) calendar days after said Agreement is submitted to the Bidder and will furnish to the Owner a Performance Bond and a Labor and Materials Payment Bond with good and sufficient sureties, satisfactory to the Owner, in the amount of 100% of the accepted bid, on the forms and terms comprising Section F of the Project Manual. The Bidder further agrees that in the event of the Bidder’s default or breach of any of the agreements of this Proposal, the bid deposit shall be forfeited as liquidated damages.

Acknowledgment is hereby made of receipt of the following Addenda issued during the bidding period.

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Florida Construction Industries Licensing Board Certification

(Name of Holder) (Certification Number) SIGNED AND SEALED THIS DAY OF , 200__.

(Signature) BY: TITLE: C Page 19 of 106 Pages C

June 10, 2005

LIST OF SUBCONTRACTORS Page 1 of 2

LIST OF SUBCONTRACTORS (This list must be filled out in its entirety and must accompany the Proposal with the Bidder’s signature on page 2.) DATE: This list is attached to, and is an integral part of the Proposal submitted by:

(Bidder to insert his full name and address)

For the Construction of: ______________________________________________ ______________________________________________ ______________________________________________

(Insert Title of Project, Location and State Project Number) The undersigned, hereinafter called “Bidder”, lists below the names of subcontractors who will perform the segments of the work indicated. Only one subcontractor shall be listed for each subcontract except where the subcontract may be divided for award by the Bidder in one or more parts. In that event, each subdivision shall be identified by the Bidder in the spaces provided below.

SUBCONTRACT SUBCONTRACTOR IDENTIFICATION*

1. PRECAST

2. HVAC

3. PLUMBING

4. ELECTRICAL

5. ROOFING D D Page 20 of 106 Pages

June 10, 2005

LIST OF SUBCONTRACTORS Page 2 of 2

SUBCONTRACTORS FOR ALTERNATES This section is to be completed ONLY if the Bidder would like to make subcontractor changes dependent upon the Alternates accepted by the Owner. In the event that the acceptance of alternates would change the subcontractor(s) listed on the previous page, these changes shall be so noted in the columns for the affected alternates. This shall be done by entering the name of the subcontractor in the appropriate place. Alt. #1 Alt. #2 Alt. #3 Alt. #4 Alt. #5 1) PRECAST

2) HVAC

3) Plumbing

4) Electrical

5) Roofing

Subdivisions of the above:

SUB-DIVISIONS OF THE LISTED SUBCONTRACT This section is to be filled out ONLY if the Bidder intends to award one of the above listed subcontracts to more than one subcontractor. See Article B-15. (List only one subcontractor for each subdivision). SUB-DIVISION SUBCONTRACTOR

IDENTIFICATION* (Bidder must identify)

By: Bidder’s Signature

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GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

THIS DOCUMENT HAS BEEN PREPARED BY THE OFFICE OF CAPITAL PROGRAMS, FlORIDA BOARD OF REGENTS FOR ITS USE IN CONNECTION WITH THE CONSTRUCTION PROGRAM FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA. PORTIONS OF THIS DOCUMENT HAVE BEEN DERIVED FROM AlA DOCUMENT A201, 1987 EDITION. AlA COPYRIGHTED MATERIAL HAS BEEN REPRODUCED WITH THE PERMISSION ·OF THE AMERICAN INSTITUTE OF ARCHITECTS UNDER PERMISSION NUMBER 90005; FURTHER REPRoDUCTION IS PROHIBITED.

WORDS WHICH HAVE BEEN UNDERLINED (IN THIS FASHION) HAVE BEEN ADDED~ AND WORDS WHICH HAVE BEEN STRUCK THROUGH (.m -HH£ FA5Hltl10 HAVE BEEN DELETED FROM AlA DOCUMENT A201. WORDS . WHICH HAVE· BEEN ·NEITHER · UNDERliNED NOR STRUCK THROUGH HAVE BEEN REPRODUCED VERBATIM FROM AIA DOCUMENT A201. · ~pPIES OF THE CURRENT EDITION OF AlA DOCUMENTS MAY 'BE PURCHASED' FROM THE AMERICAN INSTIT!JTE OF ARCHITECTS OR ITS LOCAL DISTRIBUTORS~ · .

TABLE OF ARTICLES

1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE

CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY

SEPARATE CONTRACTORS 7. CHANGES IN THE WORK

8. TIME 9. PAYMENTS AND: COMPLETION 10. PROTECTION OF PERSONS

AND PROPERTY 11. INSURANCEAND BONDS . 12. UNCOVERING AND CORRECTING

OF WORK 13. MISCELlANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION

OF THE CONTRACT

ARTIClE 1

·GENERAl PROVISIONS

1.1 BASIC DEFINITIONS

1.1. 1 THE CONTRACT DOCUMENTS

The Contract. Documents consist of the Agreement between Owner and Contrac­tor· (hereipafter the Agreement), Conditions of the Contract (General, Supplemen~ry, Special and other Conditions)·,·. Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modificatjons issued after execution· of: the Contract. A Modification is. (1) a written amendment to the Contract stgned by both parties, .(2) a Change Order. (3) a Construction Change Directive or' {4) a written order for a minor change in the Work issued by the Architect/Engineer. Unless specificall,l enumerated in the Agreement, the Contract Documents do no-t include other·"'ocuments such as bidding require­ments (advertisement or invitation to bid; Instructions to Bidders, s~mple fonits, the Contractor's bid or portions of addenda relatlng to bidding requirements). ·

F Page 23 of 106 Pages October 16, 1989

AlA OOCUMENT A201 COP'YRIGHT@ 1987 !IY THE AME-RICAN lh'STtTUT£ OF ARCHITEctS. AU.. RIGKTS RESE:.RV£0. AlA $

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1. 1.2 THE CONTRACT

The Contract Documents form the Contract for Construction. The Contract represents the entire. and integrated agreement between the parties hereto and supersedes prior negotiations, representations or. agreements, either written or oraL The Contract may be amended or modified only by a: Modifi­cation. The Contract Documents shall not 'be construed to create a contrac­tual relationship of any kind (1} between the Architect/Engineer and Contractor, (2) between the Owner and a SubcGntractor or Sub-subcontractor or (3.) between any persons or entities' other than tlle<Owner andC()iltractor. The Architect/Engineer shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect/Engineer's dut'ies.

LL3 THE WORK

The term "Work'' means the. construction and. 'services requir~d by the Contract Documents, whether completed or.partia:11y completed, and includes a l1 other 1 abor, materia 1 s, equipment· and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.

1.1..4 TH.E PROJ£1CT

The Project is the tot<l.l construction of which the Work performed under the Contract Documents may be the whole or a part and which may include con­struction .by the Owner or by separate contractors.

1.1.5 THE DRAWINGS

The Drawings are the graphic and pictorial portions of the Contract Docu­ments, wherever l_ocated and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevation~. sec­tions_, details, schedule~ and diagrams_;

1.1.6 THE SPECIFICATIONS

The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related. ser­vices.

1.1.7 THE PROJECT MANUAL

The Project Manual is the volume usuaHy assemble~ for the Work. wh,ich may include the bidding requirements, sample fonns, Conditions of the Contract and Specifications;

1.2 EXECUTION, CORRELATION_ AND INTEf!T --~

1.2.1 Execution of the documents shall be accomplished by: siyning six ill copies of the Agreement within which the Conditions of the ,Contract, the Drawings and the date of their latest revisions, the""'"Spilif1cations, and all Addenda issued prior to the signing of the Agreement are

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1. 2.1; 1 i!ertotiilance" a,nd Pa'f!ilenf liorids sha 11 be executed on b~ha,l f of the Cori.:ttactor l_!!. the ... ~ manner and .Qy the same person· who exec:ut~.d the Agr~~nrent. · · · · · · .

L~;l .. }he Cefltra!!t. !l.eelll!lef\ts shall be sigr1e6 by the Gwfler .af!Ei G~.'fl:t;y·~"c±_te __ p·- as: ~-re:ti_Se~ -· i R the •}gr.·e:e~ert~ .. _ ·, lf ej thel' th~ Q __ \:_A_e_f' e r Centra;:Xe r. ef.lletH a .. e flei/.si~~ all the.Cl!ritPaet Beet!!neHts, the A!'ehiteet shal.l j!lstify s ~:~~·--. ~Fi~i"§Ple_d>_ deet:rn\€Rts -~ttf)_en:-- ~·e_ft~e~~t.

1.2 .• 2 .. Execution of t.hl! l;ontract by the. Contractor js a represent.a,tion tMt the Contractor. has visited the site, be~;ome familiar with local. co.nditions under which the Work is to be performed and correlated personal obs~rvations w.ith requir;;ements of the Contra.ct D()cuments.

1.2.3 The intent .o,f the Contract Documents .is to include~all. items necessary for the proper execution and completion of the. Work by the Contractor. The Contract Documents are complementary, and what is required by one sha 11 be as binding as if required by a 11 ; performance by the Contractor shall be required only to the extent consistent with the Con­tract Documents and reasonably inferable from them as being necessary to produce the intended i'esul ts ..

1. 2. 3. 1 Where reference is made to the Standard S ecifi cations of the American SOcli!iy for Testing ·and Matenah "(A.S. T.H. . or other standard specifications inconnection with the reqUlred qua it.Y of materials, methods, etc., then the applicable specifications shaJl be of the latest revised edition effective ~ of ~ date bids ~ opened !?1. the Owner, unless otherwise expressly provided l!! the technical specifications.

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AlA OOCUM.Ii.NT A201 COPYfUGHT ~ IS'Sl BY TW& A.M£PUc..AN INSTtT\IT£ OF ARCHITECTS.. Al.L. ~JGHTS RESERvED. AlA ~

1.2.4 Organization of 1;.he Spe~ifications into divisions,· sections and arti c 1 es, and arrangement of Drawings sha 11 not contra 1 the Contractor in r! dividing the Work among Subcontractors. or in establishing the • extent Qf Work to be performed by any trade.

1.2.5 Unless otherwise stated in the Contract. Documents, words which have well-l<nowntechnical or corlstru~tion industry meanings are used in the Contract Documents in accordance with such rec[lgnized meanings.

1. 3 o\,fNEf!SH.lP A"O _USE Of. ARCHITECT /ENGINEER'S DRAWINGS, SPECIFI Ci\- · TIQtfS AN!r OTHER DO(;uMENTS - ' • ·. · .· · · . •

· .. ·. ons. and other docUments prepared,'by the

~-~ji;~;:,~f~~ ~·n~;;~~;~~~~~·;:~o~f~ ... ·~the~··~· ~Arehitect/Engirieer' s s!lrvi~.i! · Con.tractor is described' · Tne ,...,c;nn arid the Owrier may retain two

~~~~f~~~M~~:··~;:=;;.,t~;:i the ' CClf1tfactor ndt . anY SubC~[I1;ra!=tOr. - R . equipment supplier shaJl owp or claim a Specificatiolls and Other documents prepared by

and .. tinl ess .· otherwise ·.· \ i ndicatetl .·. thE! deemed the author of them and will rl!t~in a}l

~~£~:tt1et reserle!l rights, in addi:t1·o.n to. t~ll copy:-; eXCI!pt t~ Coritractor•·s 'i"!!~Ord 'Set aild the-

~~~;=~~~~~~-~ Shall.. . ·.returned or. Stiitably aCfOUnted for t() tf!e ~ on reqllest, tip.on•·cowpletion of the Work: The Drawings,

other do.cuments _prepared_ by the Al"chH:ec:t/En~ineer, and tflf!,T'eC!ffllJ•ni· .. to the Contractor, are for use soJely Wlth ~spe~t

TheY are riot tO be used by the Contractor or-any _Su~cpn- ( tractor, Suib-~;ub,cont:ra!:to'r or materia 1 or equipment supp 1i er on other projects or for (!dditions to this PrQjec;t o'ltsidethe s<:ppe ()f the Wol'~ without the •spec-ific: Written consent of the owner and Architl!ct/Enqin~er. The> Cpritractor; Subcontractors, Sub-subconi!'actors and materia 1 or .I!QUip-menf •suppliers are granted <i limited _l_icense to use_ and repropuce applicable portions of the Drawings, Spedfii:ations and oft\er documents prepared by the Architect/Engineer appropriate .. .to and for . u.se in the execution pf their Work under the ContractOocuments. All copies mad!! under this license shall bear the statutoJii cpfl¥right; notice, if.any, shown on the Drawings, Spedficatiotrs and' other aocuments prepared QY the Architect/Engineer. Submittal of distribution to meet official regulatory requirements or for other purposes i ri con(le!=ti ()n with this Project is not . to be construed ;~s' publication in derogation of the Arcllitect/Engi.neer' s copyr-ight or othe_r' reserved· rights. ·

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L4 CAPITALIZATION

1.4.1 Terms capitalized in these General Conditions includ~ thqse ."'hich are (l) specifically defined, (2) the titles of· nilmbered articles and i dent ifi ed references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documen~S'-·published by the American Institute of Architects.

1.5 INTERPRETATION

1. 5.1 In the interest of brevity the Contract Documents frequently omit ( modifying words such as "alln _and "any" and articles such as "the" and

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"an," but the fact that a modi.fier or an article is absent- from one state­ment and appears in another is not intended to affect the interpretation of either statement.

2. 1 DEFINITION

ARTICLE 2 OWNER

2.1,1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout -the Contract Documents as if singular in number. The term "Owner" inearis the Owner ~or ti!~ __ Q\i<ner's­authorized represEfntative.

2.1. 2 Th~ ,8wl'l~-Y ttpon.- rea3e_raabl_e _ -" ri-tt!n. r:!~ttest- 3ha_1] ·ft:Jr-"i sh~~--te the C~~-~r:_aetOs in' w; ~-tirlg info_,_ftsat;on--.w_hieh .;3_ neee33;ar) and relt:.uan-t ft;-r-·.'th·e C~_~t:Yac1!_or :to c 'al tHtte ,_ g; • e -notice- of 01 enfOleti meehanie' 3 ·1 ;irf:;_,_f§ht:!' .. Stach ;n-format;ou :!_hall inelr:adc a eor1 c.;et. __ 3t_atement of ·tne· __ tecotd::](:gal -title to the p1or)ett) on Hh;cn t:hc P1ojcet __ i3 lo_ea~ed·,-.b3i:taT1)·-~-l!ll!-ter:tE!'d:.to· a3 the ::dtt:, and the Ownt!t'3 ;nter.C3t theteia at the time of exeet:itiol'l of the AgJeemeut·aud~ w;thin f;,e da)3 aft:cr auJ chang~. i'nfO-tmdtiOft::O_f JtJeh

· ehang~ ;fl t;tle. 1 ccotelcd at urn ccordcd ..

2. 2 INFORMATION AND SERVICES REQUIRED OF THE OWNER

2.2.1 The Owner shall, at the request of the Contractor, -priol'- 'to execution of the Agreement a_nd psomptl; f1o-m time to ... t-;me·:·tfttat:ti'f'tc·s·:~ furnish to the Contractor reasonable evidence that- financial arrangements have been .made to ful fi 11 the Owner• s obligations under the- Contract. [Note: Unless such reasonable evidence were furnished_o~- request'prior'-to the execl!tion of the Agreement, the prospective_ contractor would not/be- -req!'ired to execute the Agreement or to conunence the Work.]

2. 2. 2 . The Owner sha 1J furnish through the·--:Architeet/Engineer ,cnecessar!;r surveys describing phys.ical characteristics, -legal limitations- aru:t.utHity locations for the site of the Project, and a legal descrfption- of the site' -

2.2.3 Except for pennlts and fees which are- the responsibility of- the Contractor -under the Contract Documents, the Owner sha 11 .secure and- pay- for eo'

necessary approvals, easements, assessments and charges require<:!- fore construction, use-- or- occupancy of pennanent structures or for- permane_nt changes in existi-ng facilities. -

2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in_ orderly_ progress of the Work.

2.2.5 Unless otherwise provided in the Contract Documents, the Contrac­tor will be furnished, free of charge, such !;llJlies of Drawings and Project Manuals as are rea!enabl;· neeessary for execution of the lo/or!c as estab­lished in the Special Conditions. If additional sets are required ~ ~ Contractor, they will be furnished upon request for the cost of pr1nt1ng and handling.

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2.2.6 The foregoing are in addition to other duties and responsibili-ties of the Owner enumerated herein and especially ·those in respect to / Article 6 .(Construction by Owner or by Separate Contractors); and Article 9 (Payments and Completion) ei!El Artiele 11 (II!St:fl"!!l!ee aRe Ber~es)-.- -

2.3 OWNER'S RIGHT TO STOP THE WORK

2.3.1 If the Contractor fails to correct Work which is not in accord­ance .with the requirements of the 'Contract Documents as required by Para­graph 12.2. or pers.istently fails to carry out Wor'k in. acco,rdance with the Contract D.ocuments, or the Contractor or , a Subcoritrai::to!' 'has made false representation concerning the HliiOI'lt{"'"Business Enterprise reg""ti"l"rellietits I

theOwner, bY-·written order signed personally or by ari agent specffically so empowered by the Owner in writing, may orde~ the Contractor to stop tl)e Work, .or. any. portion thereof;· unti-l the cause Tot sucb''6i'det has . b~eh eliminated; however; the right of•the Owrier to stOp the'Wol"k sha'llnotgive rise to a duty on the part of the Owner to exerctse'thB ti9ht fOr t:he benefit of the Contractor or any ·other person or entity I except to the extent required by Subpara9raph 6: 1.•3; ' ·

2.4 OWNER'S RIGHT TO CARRY OUT THE _wORK . . .

2.4.1_ If the Contractor defaults or neglects to carry out the Wo~k in·: accordance with the Contract Documents and ·'fails within a seven•day period after receipt of_ written notice from the Owner to commence anct continue corfl!ction of such default or neglect with diligence· arid'pr'Omptness., the Owner may after- such seve~day period give the Contractor a second wl-it:ten notice to correct such deficiencies within a second seven-day pertod. Tf f the Contra-ctor within such second seve~day period after receipt of sutt\ second notice fails _to commence and continue to· correct ariy d'efi d encfes I

t!)e,,_Owner "inay, wictnout prejUdice to other remedi~s theOwner m~y'''have; correct such deficiencies. In such case an app~priate Change Order -llr Construction Change Directive shall be issueddeducting from payments then or .!;here~ff:er du¢<the <;_ontractor the cost of correcting sucff'defi'cienciesl incl~ding compensation for toe Architect/Engineer's ;additiOnal services ·a_rid • expenses made necessary by sqch default, neglect or failure>' Such action by the Owner and amounts charged to the Contractor are both subject ~ prior approval of the Architect/Engineer. lf payments then or therea~t_et due the_ Contractor are not sufficient to cover such amounts, the Contractor·· shall pay the difference_ to the owner. •'

ARTICLE 3 CONTRACTOR

3.1 DEFINITION

3.1.1 The Contractor is the person or entity identified as .such in th.e Agreement and is referred to throughout the Contract Ooeuments as if · singular in number. The term. "Contractor" -means the ·contractor or the Contractor's authorized representative.

3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS B'fCONTRACTOR

3.2.1 The Contractor shall carefully study and .compare the Contract Documents with each other and with information furnished by the Owner

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pursuqnt to Subparagraph 2.2.2 and shall at once report to the Architect/Engineer errors, inconsistencies or omissions discovered. The Contracto.r shall not be 1 iable to the Owner or Architect/Engineer for damage resulting from errors, inconsisti!ncies or omissions in the Contract Documents unless the Contractor recog0ized such error, inconsistency or omission and lcnowingly failed to report it to the Architect/Engineer. If the Contractor performs any construction activity knowing. it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect/Engineer, the Contractor shall assume appropriate responsibility for such performance and sha 11 bear an appropriate amount of the attributable :costs for correction>

3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and condi­tions and other information known to the Contractor with the . Contract Doc.uments befbr.e commenting activities. Errors, i nconsi stehci es or omi s­sions discovered shall be reported -to the Architect/Engineer at once.

3.2.3 The .Contractor shall perform; the Work in accordance with the Contract Documents and submittals appro11ed pursuant to Paragraph 3.12.'

3.3. SUPERVISION AND CONSTRUCTION PROCEDURES

3. 3.1 The C.ontractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be· solely responsible for· and have control over construction means, methods, tech-'­niques, sequences and procedures and for coordinating all portions. of the Work under the Contract, unless Contract Documents give other specific instructions concerning these matters.

3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the .Contractor's. emp 1 oyees, · Subcontractors and their agents and employeeshand .other persons performing portions of the Work under a contract with the Contra!=tor. ·

3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents 'either by activities or duties of the Architect/Engineer in the Architect/Engineer's admi ni strati on of the Contract, or by ·tests, inspections or approvals. required or performed by persons .other than the Contractor. ·

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3.3..4 The Conttactor shall be responsible for inspection of portions of Work a 1 ready peyfc:u'ined uriaer this Contract::to 'ctef.ermi ne that such portions are in proper condition :to receive subsequent Work.

~3. 5. The Architec:VEngineer wi 11 schedule periodic ~tings, 'l(hich the Contractor shall be reguned to attend.

construction

3.4 LABOR AND MATERIALS

3.4.1 Unless otherwise provided in .. the Contract Documents, the Contrac­tor shall provide and pay for labor, materials, equipment, tools, construe~ tion equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for.proper execution and completion

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A..IA OOCVMENT A201 CC?rYII'liGHT \!) 1967 .8Y THE AMERICAN INSTITUTE OF ARC.HfTECTS.. ALL RIGHTS.RES.ERVEO .... lA@

of the Work, whether temporary or permanent and whether or not incorporated or to be i_ncorporated in th.e Work.

3.4.1.1 It shall -be the responsibility of the Contractor to provide at the. Contractors expense,. the power, .. ·.fuel. and equ1pment necessary to iiialntain climatic condi.tions Trii:luding :huBiliiTty when specified or necessary for Work 10 progress.

3.4.2. · The Contractor shall enforce strict discipline and good order among the .. Contractor's employees,. ·;:irid.other· persons carrying out the Con­tract. The Contractor sha 11 not.· pern~it· :·employment of unfit persons or persons not skilled in tasks assigned to them.

3.5 WARRANTY

3. 5.1. · Jh~ CqntnAAt.or wanal)ts, to ,the. Owner afld Architect/Engin~er that materials , -and •... eQIJ;ipment f'!lrni shed·, .under the Contract will be 6f good quality and hew unless otherwise required ·or permitted by the Contract Documents,.: that·. the Work will be free?,from. defects .not inherent in the quality r~IJired ·or pel'l!l:itted, and.·that:the•Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, inc 1 udi ng substitutions n:o~:·properly a;>proved and authoriZed, may be considered defective. The C0ntractor' s warraotty exclude.s remedy for damage ):lr defect ca11sed. by abuse,: mod,i.fications not· executed by the Contr;i.:;tor,,. imp~o.per or insufficient, :ma:intenance, improper operation, or norma)- W,~i!!!.• al)d ' tear under . normal: .Irs age. If required by the Arcf1jtec!]~gineet, the·. Contractor shall furnish saHsfadory evidence as to the. ki~l'l and qua.lity of materials and equipment.

3.6 TAXES . ,· ""'

3.6,_lc< The·Cont.ractor shall·-.. pay sales-, :consumer, .-use.and·similar taxes for. the work or portions thereoL p.rovided by· the Contractor which are legally enacted when ·bidS. are received or negotiations ·concluded, wh\!ther or not yet effective Or merely scheduled to go into effect ... _

3. 7 P9RMITS,. FEES A~O NOTICES -.•'

3. 7,1 -•• ·.· .. Unless ot~erw'ise provided in the Contract Documents, the Contrac­tor shall secure and pay for thet,bui.li:ling p-ermit and other .permits and governmenta1_ fees; .clicerises and inspections necessary for proper execution and cOIIIPl~t-io!J of ,th'e -Work, including a,nY•Conriedion permits r:quired which are• cuJ;;tomarl}y usecurei:l after-·.executlon of the-•Contract· and wh1ch are legally required when bids are recei;ved or negotiations concluded:

3.7,2 . ··. The Contractor shal]comply witq aild giie notices r!!quired by laws, ordinances, rules, reg!llat:lons and la)'lful orders of public authori-

. ties bearing on performance of the Work. ·

3.7.3 It is not the Contractor's responsibflity to ascertain that the Contrai::t Documents ar.e in accordance with applicable laws, _statutes, ordi.nances,. building ·codes, arid rules and regulations. However, if the Contractor ·observes that-portions Of the-Contract Documents are at variance therewith, the. Contractor shall prbmptly notify the Architect/Engineer and

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Owner in writing, and necessary changes shall be accomplished by appropri­ate Modification.

. 3. 7.4 . If the Contractor performs Work . knowing it to be contrary to laws, statutes, ordinances, building codes, <ind rules and regulations without such notice to the Architect/EnQioeer and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attribu­table costs.

3. 8 ·.AllOWANCES

3.8.1 The Contractorshall include. in the Contract Sum all. allowanc~s stated. in .the Contract Documents. Item~ covereq by allowances shall qe supplied for such amounts and by such persons or i!~tities as the Owner may direct, but the Contractor sh~ll not lie. r,eqyifl!d tll emp}PY persons or entities against wnich the Contractor ma.kes: rel!sOriaple objt!dion~ .

3;8.2

.1

Unless otherwise provided intheContr~ctDociiiDellts: . ._-,·' _- :·-

materia 1 s . and equipment under ,CIO a ll'l.l1(ance .shall promptly by the Owner to avoid delay trf the Work; · ·

be · selected 'i'·

.2 a 11 OWil~es sha 11. cci\ler· tbe cost tci·.~e~ Colltrador :of:. ~at.erials and equipl!!ent delivered at the site• a.nd all required taxes, less ' applicpble trade discounts; ·

.3 Contrac:t.Qr's costs for unloading and handling at the site, ial;lol', · i nsta 11 ati on c:osts, overhead, pio.ti1r and other e1Cjlepses · cQ(item-:; plated for stated allowance amounts shall be iiidu.ded •i:n: tne Contract Sum and not in the allowances;

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l(henevk costs are mc)re }~an tract. Sum shall. PI! adju~(ed· . ii!I)Oiint ~f . tile :Change Order between .. ~¢tual. costs ·arid the. a.· Hl:i)(<tfices 'un.der (2) cftanges in'Contractor's). ;tfsit,s iJilll:f.!*:ClC!ui;e ->··~··"·

3.9 SUPERINTENDENT

3. 9.1 Th~ Contractor shall . empl-Oy ·a' 'coil~Peteot superintendent and necessary assistants acceptab 1 e to the Owner w_l.iii s~all be in attenCiante at the Project site during performance of _ttae Wofk. The superintendenii shall represent the Contractor, and commlini.cati,on!i .9iven to the superinten~ent shall be. as binding as· if given to iihe Contractor. Important communic:a­tions shall be c:onfirmed. in writing. 'Other communications shall be similarly confirmed on written' reques't in each''l:ase.

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3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES

3.10.1 The Contractor, promptly after being awardee:! the Contract, shall prepare and submit for the Owner's and Architect/i:'rigineer' s information a Contractor's construction schedule for the· Work. The schedule shall not exceed time limits current under .· the Contract DocUments, shall be revised at appropriate intervals as required by tile conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practi-cable execution of the Work. ··

3.10. 2 The Contractor shirll prepare a11d keep l:'urrent~ fl)r . thl! Architect/En!Jineer's approval; a sthedyl~ of sul)iltit;~lS .. w'llj~;li.'i? coordi• nated . with the Contr~c;tor' s . · c0listf".Uct;io11 .. s~ij~\:jl:il.if af1d. a)JoYis . Jh~ Arch i tect/Engi iiee r r~asoll(lb Je :·ti ~ .~ ··· re11;i ~'f . 'sllbinjl:~) ~ ;_. The. ·• s¢hedl! 1 e of submittals shaH indicate the dates ~ wh'ich the"ArchitectltriQlil'eei' must notify the Contractor of the outcome of ,the reviel!'.tn artier .!!!_ avoid extension of the Contract Ti'lii"e. ·· · · · ·· ·. · ·· · · ·· · ·· ·

3.10.3

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--The Contractor sha 11 c;oriform to !he most rebbt; 'sche~l.)~s.

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provided further, however, in _such event, should events ~ during perfonnance of the Work which would justify the granting to the Contractor of ~ extension of the Contract Time -pursuant to the provisions of Article 8 of these General Condit1ons of the Contract for Construction, the Contractorsharr--be ent1tled to receive o~ly such an extension of Contract ~ ~ is detennmed ~ the Architect/Eng1neer to be due the Contractor as IOIIOWS:

• .2

In the event the current Contractor's construction schedule mdicates CQ.II!Pletlol'l ahead of the contractually estqt)J ishe!;l,date for SiJbstantul CoinpreBOn;-the" revised Substantial HCo'%'1eTIOn date_. shall be_ detennlned !lz:- addlng the totat.tJme dl,rectly affectlli!f'lhe crltlcal path of ,the s.chedille to the_,~nd date of the_ clirt:entschedule. - l(o_ extensTQii of tl_me_ b,_lyond _th_-e contract­thlly estabhshed date shall be granted ·unt1 the aggregate of _.! current Contractorrs-Construct1on schedule Hplus -_-· approve·d extens1on exceeds the date estqti Hshed !1z: the Contract Documents~ at ·whlch t1111e ~- t1me extenslon granted ··nll be the. net dlffereiice b'etween the contractuall estqtiJished date and the a§gregate of the cu~t . ontf-actQt s construct 1 on Scti'e!!uli:" p 1 us approved extemoris thereto. -

In the event the curren't Contra_ctor' s construction sch~dule lndicates CODJQletlon at or after tl)e contractually. establlshed· d#e fQ.I' Siihstant-lal Ciimpl~tl'iifi';:" tfje tiDJe extension shall O£ollf be, aiidedtii the contractual-ly estaiiliSfie(i date for SUiiStant1a -lOmp~on'

.3- The QWrier will not grant time extensions- based on improper scheciiiTI"ii9 _of theWrk.

3.11 DOCUMENTS AND SAMPLES AT THE SITE

3; 11:1 The Contractor s'tiall mi\jntain at the site for the Owner one re~0td·•copy. of_ the ·Otawings, _SpeCifications, __ addenda,-.-· Changfi!. Ol'Qers and ot~er t!Qilifi.cattons, in: good order. and IIJ~rked' currently to·~recor~ changes and. :Selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and simil'!r required submittals. These sh.all be available to. the Architect/Engineer and shall be'1lelivere~ to the Architect/Engirreer for submittal to the· Owner upon completion of the Work.

3.12 SHOP DRAWINGs·, PRODUCT DATA AND SAMPLES

3_. )2.1 S~op Drawings. are drawings, diagrams, schedules and other data specially prepared for .the Work by the Contractor or a Subcontractor, Sub-::subcontractor, manufacturer; supplier or distributor to illustrate some portion of the .Work.

3.12. 2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and_other infonnation furnished by the Contractor to illustrate materials or equipment for some portion of the work.

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3.12. 3 Samples ·are physical examples which illustrate materials, equip~ ment or workmanship and establish standards by which· the Work will be judged.

3.12.4 Shop Drawings, Product Data., Samples and similar submittals are not Coritt·act Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in . the Contract. Ooc~.ents. .Review by the Architect/Engineer is subject to the -limitations of Subparagraph 4.2. 7.

3.12.4.1 Information submitted· shaU show the capadt~;. operating cond1t11>ns a"nd alLengmeenng da~ and descrf tm. info.rmatlpn necessary for ¢i:ll!!!)ariSon and to enal:ile the Archffect Enq1neer :to determ1ne compliance

· w1th the··specifkitTOns'. .~ · ---.. -----.--. ''. 3.:1:2~5 .. ·• The Contr~ctor. shall . review. approve and submit to the Architect/EngineerShop Drawings, Product Data, Samples and similar submit­tals J1!ql,li red· by the C()ntract-.Documerits: with reasonable promptn,es s and in · such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals made by the ContraCtor which are not required by the Contract Oocume.nts may be returned without action.

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shall be fully identirle!l ~- Ptc?j~ct Niil!'e, · datl!, ·draw1nq number and s .eclfJc<atlons sect1on shall submit ~cop1es.·.·· Jn agdit1on to the Contractor~own re u1rements of all Shop

~· any regu1re(l resubiiilss1on. the~Qf retjumd for (' · trades, to the ArchitectlEnglMer ·.for ·approval":"" ~ deviation~ the approved dra..nhQs, and the

Architect/Eng1neer, if any,

3.:12.5.2 U: shall. be tb_e responsibility. of the Contractor to properly scn-eoule ·the SiiiiiiilsSToo of Shop Orawiogs for app-roval _to <~llow adequate time for -checlm\gof diawlngs,.. manufa,cture and shiplllent of .items to jqp site in sufficient time to prevent delay in the constructipo ·sched_ule,_

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3.12'5:3 . .It. shaJl also be the resp~nsibility Qf the C9ntractor t.o coordinlit~ the preparatiQn pf Shop . Qrawinqs of items which will be ~tlrnii;fied ·£:£ ~ tban one maiiiifacturer but ~ designed to 1 nterface when 1nstalled.

3.12.5.4 If ancl when re9uired £y the Architect/Engineer, the Contract!lr shan prepare and sub.mlt in triji'ITcate to the Archftect?En91neer .a complet!!ly itemlZed Schedule of Shop Drawinii5,' brochures and other destnptive hterature, 1lst1ng each and all such items as required under these specifications, which schedii'i'e shallTndlcife for each required 1tem: ·

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.I Identification as to pertinent Specification Division. :2 ltem(s) involved. · ·· ·· ·" .. . :3 Name of pertinent Subcontractor ~ supplier and the name pf

pertinent manufacturer . . 4 Scheduled date of delivery of pertinent items to the project.

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3.12.5.5 The Contractor shall require all Subcontractors to submit to the Architect/En ineer through the Contractor complete brochures covering all materials and or 7guipment pr;opose? for use in the execut1on ~ the Work as requ1red !?:£ the1r respectlVe D1v1s1ons of the Spec1f1cat1ons. These brochures ~ be indexed and properly cross-referenced !£ the plans and spec1flcat1ons for easy identification.

3.12.5.6 ~ list of all materials and egui!T\ent, together with manufacturers' drawings and catalog information shaT be submitted to the Arc hi tect/Engi neer for approva 1 prior to oroering""'iiiiterla"l .f!!: egu1pment but not. later ·than 45 days after ..... the ··.date .. of .. the ·Notice .to Proceed. WoriiillOn submitted shall shOw the capaciTy, operating coodit1ons and .all enqineer1ng data and descrlptlve information. · .. Jhe Architect/En~jliieer's approval will not relieve the Contractor of the responsibihty for performance of any terms of the Contract Documents.

3.12. 6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Pro!luct D;~ta, Samples or simil;~r submitt;~ls until the respective submittal has been approved by the Archi­tect/Engineer. Such Work shall be in accordance with approved submittals.

3.12. 7 ·By approving and submitti..ng Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has detennined ·and verified materials, field measur~nts and field construc­tion criteria related thereto, or will do so, and has checked and coordi.-:­nated the information contained within such submittals with the require­ments of the Work arid of the Contract Documents.

3.JZ; 7:2 Resubmittals . Ctmtr.actor s errors or C()i)tractTime.

necess.itated !?:£ reguired corrections due to omiss1ons shall not be cause for extenSTOn of -------. .

3.12c7.3 At no Jime ·shall Shop Drawinqs which have not been approved !?:£ the ArchitectlEngineer be allpwed on the si~ -- --- ' - ---.----3.12.8. The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect/Engineer's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect/Engineer in writing of such deviation at the time of submittal and the Architect/Engineer has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop ·orawings, Produc~ Da~. Samples or similar submittals by the Architect/Engineer's approval thereof.

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3.12.9 The Contractor shall direct specific attention, i·n writing or on resubmitted Shop Drawings, Product Data, Samples or similar submitta 1 s, to _ ( revisions .other than those requested by the Architect/Engineer on previous '·. submittals.

3.12.10 Informational submittals upon which the Architect/Engineer is not expected to take responsive action may be so identified in ·the Contract Documents.

3.12 .. p_ __ ~-~~A p_P_~f~~sie_Ral- e7Pti f,i eati ~R e,f J~~_,.fe_~aRee_. ePit_er.i a --ex mtt:te,P~_-~:ls-._-___ ~~!t!~_l!, -__ Sf ___ e~~_p,._eftt i s_, __ r~ .. fltsi_,.eei ~&y tAe -£el'\tr"~et G~eJ:JmeH~S_,, the o''.t-ehitee~_::_!_hal_l_ -be,. efttftl!ff te ... _.rely.· ~FSeA the aeettr.aey aruJ eempletetttS:S e_.f. st~eh 'e-al ~til&ti ~ffts- ana eerti fi eati ei'\s.

3.13 USE OF SITE

3.13.1 The Contractor shall confine operations at the site to areas permitted by l~. ordinances. permits and the Contract Documents and shall not unrE!C!lionably encumber the site with materials or equipment.

3.14 CUTTING AND PATCHING

3.14.1 The ContractOr shall be responsible for_ cutting; fitting or patching reql.liredto ctiuiplete the Work or to make its parts fit together properly. ·

3.14.2 The Contractor shall not damage or endanger a portion of the Work ·or full~ or . par~ially completed construction of the OWner or S!!par~te COI!tract()rs by cutting, patching or o.ther:wis.e altering such constructiO:n,­or ~y !!XCavation. . The. Contractor shall not. cut or. otherwise alter such con$:j;ruetll)n by. the Owner ·or .a separate contractor except with wrJj:iteh coils~ot of ~he QW~Jer· and of such separate contractor; such consent <sliall not q~ unreason<tl:!ly withheld. The Contractor shall not- unreasonably witbf:!old from th.~ Owner.·or a separate contractor the Contractor's .consent to ditting or 'otherwise altering the Work. . . .. -··

3.14.3 •. Exist,inll structures and faciliti.es, including but not limited to bu1ld1ngs, ut1ht1es, topography, streets, curbs, . walks, . lanpscape mate~ials z and Other . improvements that al'e damaged or removed. ,due· to regu1red excavat1ons. or Contractor's Work, shall be patched, re7aued, .!!.!: replaC::ed E;!_ . tiJe CohtractQr to the .·sa tis facti on of the Archi tec·CEngi neer, the oW'ner of·' such structures--and facilities:- arid authorities , baviug ]Urisd1ct1on~ Inthe event thaflocal authoritffi bavuig ·· JUns(hetion require that such repai~and patching be done Wlth their own labor and materials, thecDntractor shill abide E:i such reguTatlons and ~ for· such work. ·

3.15 CLEANING UP

3.15.1 The Contractor shall keep the premises and surrounding area free from accumul.atiori of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materfals, rubbish, the Contractor's tools,

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construction equipment, machinery and surplus materials. (

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3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof sha·11 be charged to the

. Contractor.

3.16 ACCESS TO WORK

3.16.1 The Contractor shall pro vi de the Owner and Architect/Engineer access to the Worlc in preparation and progress wherever located.

3.17 ROYALTIES AND PATENTS

3.17.1 The Contractor shall pay all royaHJes. and license .fees. The Contractor sllal.l defend suits or c1aims for infringement of patent rights and shall hold the Owner and Architect/Eogineer .harmless from lo~;s on accoiJnt.thereof, but· shall not be respons.jb'le for suclt. defense or. loss when a partic'ular design; process. or prodt~.~:i 9f <~ particular 'm<~nlifacturer or manufaCturers is. , required by the Contr.act DocUIBellts. . HoweVer, if the Contractor has ·re<~:Son to believe ·that the required design, process or product is <~n infringement of a patent, .the Contractor sh<!ll IJe responsible for· such loss unless such infonn<~tion. i.s pro!llpt]y furnished to the Architect/Engineer. ·

3.18 INDEMNIFICATION

3:18.1 . To the fullest extent permitted• by law, the Contr<~ctor sh<~ll indemnify <~ncl. ho.ld ·harmless the Owner, • P,rcf1itect/Engin'eer, .· Arcllite,ctL Engineer's consul.~nts, <~nd <~gents alK! f!IIIJll'oyees of ~Y of them froin <~nd <!gairist claims, damages. losses and expenses, including, but not limited to at,torneys' fees <~ncl court costs, <~rising out of or resulting from perform­ance or non-perfol'irianc;e of the Worlc, provided that such. cl<~inr,. damage, loss or expeiiM i:~ att;fibutablet0 bodily injury, sickness, disect,se or dea~h., or

. to . injury. t.O qr de~truct;ion of tangible property. (ot:tier t.h<~n the ~Werle .. itself) incJ~;~gi,r\g loss o.f USe resul tirig therefrom, JHJt Only t.O the extent

caused in whole or iii part by negligent. ac:t.s or oiDi.S$iOl)$ of the Contr.actor, a SubContractor, <~nyone· directly or indirectly empioyed by them or (lnyone fer whose acts they m<~y be liable, regardless of whether .or not such claim, dam<!ge, loss or expense is C<~used in p<!rt by a party indemnified hereunder. S~ch ob.l ig<~tion sh<~Jl not be construed t,o .negate, abridge, br reduce .other

. rights·. or oblig<~ti6ns .of indemnity whic;:h would otherwiSe exist as .to <~ p<~rty qr ·person described in thi} Paragl'<~Ph 3.18.

3.18~2 In Cl<l.iffis <~gainst ally person of entity indemnified under this P<~ragraph 3.18 JlY ~n enii'>loyee of the!Contr<~ctor, <1 Subcootr<tctor,. anyone directly or indirectly employed by them or <~nyone for )ihose acts theY m<~y be ·liable, the indemnification obligation under this Paragraph .. 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits pay<~ble by or. for the Contractor or a Subcontractor under workers' or worlcmen's compensation <~cts, disability benefit acts or other employee benefit <~cts.

--:-.-

3.11;!.3 Theoblig<~tions of the Contractor under this Par<~gr<~ph 3.18sh<~ll .not extend to the liability of the _Architect/Engineer, the ArchitectL · Engineer's consultants, alK! <~gents and employees of any of them arising out

of {1) the preparation or approval of m<~ps, dr<~wings, opinions, reports,

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surveys, Change Orders, designs or specifications, or ·(2) the g1v1ng of or the failure to give directions or instructions by the Architect/Engineer, the Architect/Engineer's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage.

3.18.4 Prior to commencing any excavation or gradino the Contractor shall become satisfied ~ to the accuracy of alT survey data as indicated 1n the Contract DOcuments and/Or ~ provided .§l the OWner. Should the Contractor discover any 1naccuracies, errors .!!! OIQlSSJons in the_- survey data.. the Contractor shaH innediately ·notify. the' •Archltect/En[ineer in wntlng1n order that ~ adJustme,nts can :•be made. COIIIllenc.~nt·:~ .tne Contractor of .-.anyb __ excavatl_on __ .!!! __ gradlng_Slia)_rh_. _e. he.Jd .. as •an ae_cep~a.nce of. the surv.ey data. BY. the tbntractor after whlch t1me•:the Contractor• has. no Cli:illl$, agajnst tJie ~ner resultiiJO from• ··aeJlegedi} etfrors,: omiSs:ioils Or .lnaccuracies of the sa1d. surverdata except for condi:tions as "d€st:rtoed in Paragraph 4.3:6. · · · · '

3.18.5 . The Contractor acfcno.wle<fqe~ that ten dollars has been included in the Contractor 1 s base bid, which represents the cost. tQ the· ffilner .for tne prov1s1on of the lridemriTI'Tcation required 2..!! accordance with thJs Paraqraon 3.18. .

.3.18.6 . The Contractor a.gree.s that, upon receiving award of the Contract fo.r. ,construction, the Contractor wi 11 execute and de'l'lVFt' to. the OWner an ASSi-9nllient. of Mltftr:Ust·· claims as set forth in; Section H of .the~ect MatJ.J.ral.. - -- -- - -- -- ···

3.1~.7 ~- Contractor also a~rees f:ilat prioJ.to, final parment, the CootractQr _w1H CiiU~e .each of his supp""llers an SillieQntractors wljo nave f.!lrnJ she(j .. ~:e;:vTces. goods· or materia Is .in connection witn· the · .. erfd\inance of,,the Work to execute and:-:;Je]iver to tlie" OWI\er an''As~erft o nt'l'trust TiaiiilS 1n th.e sa.me form as specified-ahOY€. · - · -.·

3 • .19 SUBSTITUTIONS

3.19.1 Substitutions_ fore a specified system, pro_dutt or ~aterial. may be requested Qf the Arch1tect/tng1neer; and the Aroh1tect/tfia1neer 1s wntten ayprova 1 must be issued as an addendtnn ·before • 'slibstitut:i orts wiTl be a Tow.ed. ATT. requests for substitutions must be subl!lltted-prior to tne op~nlJ19. of ms. _and. approvals. sh~IL~e graiit~d no l~ss· ~han seven IV d~n p.mor to t6e b1d date, Subst1tutrons requested~ter that· date w1 rece1Ve-;-_ no' _coliSlderation. Substitutions ·•are 'chanfs ·in' .~fiaTS: equ1pment, methods . or . sequences or construction; esign. stn:ittura 1 systems. mechanical, -e.l ectn ca I, arr condi titmi n controls, or Other regukements ot. t~e Oraw1ngs or the-Sj?eei 1cat-ions.

3.19.2 In .substitutina materials or equiPTent, the Contractor assumes re~pcnsi bilTty for !.!!_Y changes 2..!! systems-or or modl!ica~ions regu~ red 1 n ad,1acent or related Worli to accommodate . sual subst1tut1on, deso1te tne ArehitectiEngineer ·approVal-, and all· costs !trowing out of the approVal shall be the responsibility of the Contractor. N?ne of the extra costs

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resu~ting fr_om such approval shall devolve upon the_ Owner 1 the Arch1 tect/Eng1 neer .or 13the.r contractors. The' Arch1 tect/Engweer w1ll be responsible for allarCiiltectural -£!·· enginemng revisions to the draWlngs and -shall be reimbursed Qx the Contractor for the costs of effecting such revisions.

3.19. 3 In ~ particular reguested and

-. snall inclUde other Work substj.tutlOn .. aesthetics for .::.:.:=!!

- . - .. · ,, -· ARTICiEc.!bz . ..· • · A()f:lltHSTRATION OF THE CONTRP;eT

4.1 . ARCHITECT /ENGINEER

on

4.1. 1 The. Architect. is the Person lawfully ·licensed: :to· pr.actice archi­tecture or an entity lawfully pr11ct;icing a:r.chitecture tdentiffed as such in the Agreement and is referred to throughout the Contract Documents as_ if singtllar in lliJlll!le~-, _ The_ ., E!ilqineer · _is. th!!• pel"$on •·1 awtul'l)' l icense_d --• to eractiq~ engineering. or an.·· entfity lawtulily :pra:cti'C'*"lf. 'engineering HteritiJ:i!!d as. such in l:he )\greement.; amL is refert:ed to: tt.rouql\'o® 'the C~ot.r-act DocUJlll!l\~. -~ if sj n(jular·. i:n Ulumber; _··_ The term:1~Arthi t:ect1Efut!'nee?T ~an-1i. th_e A~h.i.tect or the En!iineet;or the •'<i"eftiteet• s' aut.lloriZ'l!a represen-tative i:!f eftner. - - - · · · · · ·.

4 ;1. 2 9~:~ti"e.S, Yesf)ef'l;it:,-i 1 i {; es aAfi 1 ifft-i tati eRs,:·,:ef :al:j~he·r;t_t)t ef'·tA@ AYehiteet as set fert:h iR the: Gantf'aet _aee_f:lftteAts shall "f\_et Be 1 estf'i-eteff, m~.~-_i_:fjJ,i:B: __ J:~_f, ~~:r"a-~_c:t _ _. ... :1ll:t~-~~t _ w_ri_~-1:~~~-p~:,;_?_eb,t:--e·t. the _-g·~·'tte:-r~, :C.eflfPaetef' _;aftet Are~ileet. - pef\~~rtt_. -s.hal_:l _net: _,a_~-~ _!i~·f'ea~:e·.ftaB;ly :withhel eL - ----- · - -- :

4.1.2 4-:--±:-3 In , case of termination· of -employme-nt ·of the Architect/Engineer,' the Owner--shall appoint an architect or an enqineer a§ai_Rst 1the-:m t,~g; Ceftt_r:a..etef' _.-_ftl_~_lt~-~- ' .. Re;_"·_l'!·e_a;_~_e.AaBl e; _·. __ e_~J.e_:etj-:~_R aOO·: --~Yihose st.a.tus

:under· the Contract Oociuments. shaH be that of .the fgritier · architect/engine"er.· ' ·

--.--;.•

4. 2 ARcHnEI:T /ENGINEER's ADMiNistRAnoN .OF· THE c-oNtRAcT ·

4. 2.1 The Ar<:hitect/Engineer .,..ill provi.de administration of the Contract as describecL in_ the Contract Oocumerij:s, and wi 11 be ::the Owner's representative (1) d!!ring construction, (2) until finalpaymentis eee made and (3) with the Owner's concu'rrenc~, from time to time durin!J the correc-tion . period described j_n Par~graph ~-.2- The Architect/Engineer will advise and consult with the Owner. . The Archite~:t/Engineer will have authority to act ..• on behalf of the ()wner pnly to the_extent provided in the Contract Documents, unless otherwi s.e modifi.ed by written instrument in accordance with other provisions ofthe Contract.

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4.2.2 The Architect/Engineer will visit the site at intervals appropri­ate to the stage of construction to become generally familiar with the progress and quality of the completed Work a,ild t(l determine in general if ( the Work is being perfol'11K:!d in a manner indicating that the Work, when coolp 1 eted, will be in accordance wH.h the Contract Documents. However, the Architect/Engineer will not be required to make exhaustive or continuous on-site inspections to check qu~Jity or quanti:ty of the Work. On the basis of pn-'site Qbservations as _an archi:tect or.-~---··an engineer, the Architect£ Engineer wi 11 .. keep . the.· Owner info~d. oT'·PJ1!9ress Of. the Work, and . wi 11 ei)Qeav(lr to. guard the Owner against,defei;t.$.and deficiencies ·in the. Work.

•' . -·-- '., .. - - . - -.·-·: - _,. -- -- ' - ' ._ - ---- \ ' ' .·- .

·.· !~J<~~]l ~: ::l"C~~~~;~;6~!ne:i w~~~riw~~:t:~~m:~:st~~~t~~~ ,0te~~~~~~e~~ sequen·ces or procedures, or for safety"precautions and programs in connec- · tion with the Work, since the~eare::.~RlelyJhe ~ontractor's responsibility as provided in. Paragtaphi'3:'3c The i'Arcflitect/Eilgineer-will not be respon­sible for the Contractor's failure to carry out ,1;/le,.Worlr; in accordance with the Contract Documents. The Architect/Engine.e~ win not have control over or charge of and will not be respons1ble for acts or omissions of the Contrac:tpr, St~llcontractors', or the-ir•-agen1;s or employees, o~ of any other per:;;ons. perfol'llling portions. of the>WQt'IC . .

i~~~{r~~~~~~~~andc0w1nii t1tihrltsl~~r~t,;:on·trartt,ors and materia 1 llry~;tf!!<:t.t~~~: ~ Communications by and with separate

the'Owner.

4,,_~ ;s. , ·., Bas-E!:(j· pn the 'Archite-ct/En!Jin-eer•s · obsei-va.t ions aild e11a]uati o~s, of the ·Contractor' s· App.litatiol\ir·''foti> 'Payment; the•'' Arcfiiteet/Engiileer- wi 11 review and certify. the amounts due the Contractor and will issue Certifi­'cates -for Payment in such 'amoiints·,

' .

4.2.6 The Architect/Engineer will have autho,rityto reje'Ct Worlcwhich does . not. conform tO ·· 'the Contract Documents. Whenever . the Arctlitect/Engineer considers it necessary or adviSab]e fo.r _'implementation of the intent of the Contract Documents, the Ari:hit.ei:t/Engi neer will have authority to . require additional in~pecti.on qr--- testing of the Work in <!,CCordar\ce Wlth'SUbparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, im;talled or,coinpleted. ·However~ neither this. ai.Jthori:ty of the Architect/Engineer noT' a d~cision made in good faith either to exercise or not to exercise such authority shail give rise to a duty or responsibi-

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AlA OOCUME~T A201 COI"'YfltiGHT <!) ISISr &Y. Tt:t£ ·A:t.e;ERICAN INSTITuTE OF ARCHtTEcn.. Al.L RIGHTS RE:SERV£0. AlA $

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1 ity of the Architect/Engineer to the Contractor, Subcontractors, materia 1 and equipment supp 1 i ers, their agents- or employees, or other persons performing portions of the Work.

4.2. 7 The Architect/Engineer will review and approve or take other appropriate action upon the Contractor's submittals such <).S Shop Drawings, Product Data and Samples, but only for the 1 imited purpose of checking for conformance with information given and the design. concept expressed in the Contract Documents. The Architect/Engineer's action wiJl be taken with such- reasonable promptness as to tause no delay ·in the- Worlc or in the activit_ies of the Owner, Contractor.or separate contractors, wtdle allowing sufficient time in the Architect/Engineer's profesi;ional _ judg~ent to permit adequate review. Review of sUch· sublinttals is noCtonduct~d for the purpose of determining the accuracy and completeness of other details such as d_imensions and quantities., or Jorc Sflbstantiqting· instru.:ti.ons _ for installation or performance ·of equiplitent ()r. sYst~s. aU of whito remain the responsibility of the Contractor as required fry the Contract Documents. The Architect/Engineer'.s review. of toe Contractor's sui:Jmittals .shall not relieve the Contractor of the oi:Jligatif?nS U_!lder ri!ragraphs 3. 3. • 3. 5 and 3.12. Toe Arc!litect/Engineer' s revie,w Shall nof- tonst:itute ilPProval of safety precautions or, unless · othi'jrwise · specificallY s;tated by the Architect/Engineer, of any construction means, metb.ods; techniques, sequences or proc~dures._ The Architect/Ertgineer• s approval of a specific item shall not indicate approval of an assembly of which the item is a component.

4,2.8 The Ar,chitect/Engineer will. pre(i;lre Challge Orders and Cpnstruc­tion Change Directives, and- may authorize· minor chang_es in the Work as provided in Paragraph 7.4.

4.2.9 _ The Archi1;ect/EnlJineer will. conduct inspections ~o det~!mi~e _the date or dates of Substant1al Complet1on and the date of fJnal !;;ompletlon, will receive and forward to the Owner for the Owne~'s review ana records written warranties and related documents reqUired by t.he C()ftt:ract and assembled by the Contractor; and will issue a final Certificate foY Payment upon compliance with the requirements of the Contract Documents.

4. 2.10 If the Owner and Architect/Engineer agree, the Architect/Engineer will provide one or more project representatives to assist in carrying out the Architect/Engineer's r,e,sponsibilities at- the site. The_ dutie~-., respon~ sibilities and limitati.oris of authority o_f such project repr~~ntatives shall be as set fortti-1n Clauses 4;2;10.1 arid 4.2.10.2. a11 el<hibit te ee ;l'teer~erated_ in ~th_e Centraet Beet~meRts.

c'

4.2.10.1 The Architect/Engineer's Project Representative(s) will:

.2

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Assist the Contractor,~ obtilin'inginterpretationof the Contract Documents from toe Archltect/EIIgineer. · --- ·

Conduct daily on-site observations~ determining conformance to the Contract Documents in regard to Work, matena1s and equipment, etc .

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.3 Request additional detail and/or information from the ArchitectJEnqineer·when needed !!! the Contractor .

.4 Evaluate suggestions and/or modifications submitted !!! the Contractor and transmit these til· the Architect/Engineer w1th recommendati~.

.5 Observe problems which may create delays report these to·!!!! Architect/Engineer.

in construction and ___ , ..

'• .6 Maintain official relatiorishi only with the Coritractor ·and his

_..

· ~ob su ennterideilt s regard· ess of wiiTCii Subcontractor's Work 1 s 1-nvo .ved: · ·. · · ·

. 7 Attend a 11 required'· C!onstrui:tion conferenc·es and· partfcipale ., in ··• d1 scussloils of ctlie ·work; · "' • · ·

. 8

.9

.10

.11

-.. ------.-..

Whe~ _requested !11 tlie . Owner, · atd)mpany m off1c1als on 1nspect1ons · of constl'l!Ctton 1nspection in the lop. >

stale and federal and ~ord tne. .... ~-

. 12 Cooperate withuiliversjt)t's <itltooHied 'representative and provide •. the representative ·with' all. reg1Je5ted irifO:tlliation · abo11t the WorK .. · .

. 13 Acceet,, ~0 directions or instrutti'oiis from ariYilrie ottier'ttian the Arch1tect/Eng1neer.

. 14

.15

)• .

Review Applications for Pa7£ent submitted !:!l· Contractor and recommend to the ArChitect ngineer fo-r approp't1ate action.

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.16 Participate in the ob~ervations of construction with the Ardlitect/Engfileer and the universityf$ authorized representatm

. at regular intervals and at Substantial Complet1on .

. 17 Refer all communications from uttiversity' s authorized representative to the Architect/Efi?jTneer .

. 18 ~ university's authorized represMtatiVe on all correspondence

.20

.21

.22

re 1 a ted to the Proj"ect. ·

Adv i se •• Colltra'ctdr •· aricf' AFth1tei:t1Ebgfolf~r ij f. Wor( be i ng perfohri~i:J w1thout appro~!!~ . shiif drawings whe~ such shop drawings, at'l! requ1red !!l spec1 f1 catlons. ·· ·:· · · · ·

-- - ' - " - -' - . - ' -- ~--- - -· .

~ materials and equipment delNerliil to 't:fie' job site speclflC:atlons, approved samples,. shop grawiogs. aod correspillldeoc;e. .. When observed· tp be. in confllct, Contrattqr a~d ·Arcfii"tFct/Eogineer:

against related ad.v:fse

Check. that .Contractor is maintaining record drawings of <ls:bujJt corurrtl"OHS'; 'from· Whlch contract 'retard sets are 'to be d~veloped;

.23 Act as liaison between -- ·authorized representatwe

schedule and theUniversitys . ,-.

. 24 Provide such other services ~ ma¥ be required iri tfi~ Owller' s .!!.!: 1\rchited/Enqineer's lnterests or!.!! the advancement oJ the: work.

4. 2.10. 2 The Architect/Engineer's authari zed to do the followi rig:

Project Representative . is not

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.1 Authorize deviations from J:ne Contract. Documents (unless approved in writillg !!l Arthltect/Englneer) .

. 2 Expedi teo th~ ~or~ ;or the G~~tractor. ·

.3 Advis;! the Contractor on building techniques or scheduling .

. 4 Approve Shop Orawi ngs .

. 5 Issue Certifications for Payment .

. 6 Approve Substitutions .

. 7 Get i llvo 1 ved in disputes or prob 1 ems between Subcontractor and Sub-subcontractor.

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.8 Get involved in disputes or problems between Contractor and Si'ibcontrattor •

. 9 Offer advice t() Contractor or Subcontractors on how to perform the Work whether solicited tram the Contractor or not:·-

.10 Shut qown the job except i.n extreme emergencies and except under certain toridi tions !! atithonzed ~ tile ·· Archt:tectiEngi neer-.

4.2.11 The Architect/Engineer. wJJl ,interpret and decid!l• matters concerning J!erf(il"'lf<ince .• uoder· andcc~'eguiremerits·• of' the· Contract .plicuments on written r~\WiE!:!;t :Of . either the Qlifler: ior Contril,ctor. · The. Archi t~<.;t/Engi neer' s response -t<i' such requests .w:iJ lbe made W:.iitdn.l5 <lays after written request is ·made fo_r them. ••ith r,easenahle pfi_'e-mrstne:-s-s·-'-~n·e--i;i'ithi"~..- aey· ti"me limits ~~--~~P~~~~-~-i'[ft[i''~r_f#~en1;,,~i ~-f~-~~~~:t~~~,F~~~-~-"~i-,~~- _:-~~ ~:,~-:i~E:--._:·!'i t~_-i~ :-_~fli c.~_ . _l_fttt~r_rn·--~t~t·t~-"~!- _ '--~~~P re_~_;-:_o __ f -f;J;,e:~:P.retrl't,~:e£\- ·sfte¥t1.p h~r:-:fJ=t~_n:=r:;_Aeft ;_-1 "- __ e_Sjflf'll a Ace with thl~--:parS§,.a~h' ;4.2,----ihert·:·delS:y---sh·~~(~;>"!P-~)~-~ _-~t:_e.~:g"i_·_z:~el._en_ :a_e;:_eettAt ef fai l~:~re by t:he .o.rehiteet ta fttrrti sh stteft·-·;i-nt:ei"ipl"·et;e:tiet'ts- !:lftti·1 IS- Eiays aft_e-_~ __ w r i_tt._f:_tt ., 1 ~qt:J.e.~ .. t. _j s ___ mael_~·., J,Y.: _.,~h€J;tt.:, .. . -

4.2.12 Int~rp~~~iions ~nd dei:~~?f~{ls of tile Archft,ect/En%1neer will be consjstent with· the intent of arig re~sonab'l,y ·'infera{lle fr®l the Contract Documents and will be in writing or iir the toni of ·drawings. ·When nial<ing such interpretations.and d~ds~ons,, theArchit!!cVEngineer will endeavor to secure . fait!lfuJ peff\)riparice bY jJotlr OWn~r anq, Contractor, "'ill not show partiality to efther and will not be Hable f'or results of interpretations or <jecisions so l'j!ndered in good faitb.

. ·. ,,-· -_- - :' -. - ..

4. 2. 13 The Architett/Engi lle~r~ s -•· .!led sions · on matters aesthetic effect will be final if ·consi'~tent with the intent the Contract;. E!ot,uments ..

4. 3 CLAIMS AND DISPUTES

relating to e'xjlressed in

4. 3~ 1 Definition" A Claim is a demand or assertion by one of the. parties seeking, as a matter of right, adjustment or interpretation of Contract teT'J!ls, paymen:t; of money, ,ex~nsion of tiDie or p:t;her relief with respect to the terms of the Contract, l'he; teT'J!l "Claim". also includes other disputes and matters in question bet\iei!h the Owner ana ContractOr arising out of or relating :t.o the Contrac::t •. ,paims,must, be made·bywi-itten-notice. The responsibility -to substantiate Claims shall' rest with the party making the .Claim. · ,, 4.3.2 Decision Of Architect/Engineer. Claims, including ,tlio.se alleging an error or omission by the Architect/Engineer, shall be referred initially to the Architect/Engineer for act-ion.JIS proyide!f in .Paragrapli 4. 4, A <leci sion by the Architect/Engineer; ·as provided in Subparagraph 4. 4.4, shall be required as a condition precedent to arbitrati~ll ef' lit.igation of a Claim between the Contractor ·and Owner as-1:b all such matters arising prior to the date final payment i~ dpe, r.egardle.ss of (1) whether such matters relate to execution and progress of the Work or (2} the extent to which the Work has been completed. The decision-by the Architect/Engineer in response to a Claim shall not be a condition precedent to arbitratie11 ef' litigation in the event (1) the position of Architect/Engineer is vacant,

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(2) the Architect/Engineer .has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect/Engineer has failed to take action required under Subparagraph 4.4.4 within30 9ays after: the Claim is made, or (4) 45 days have passed after the Claim has been referred to the Architect/Engineer er (5) the Claim relates tea meehCI:flie's -1-ffit.

4. 3. 3 Time Limits on Claims. Claims by either party mu~t ~~' mage within 21 days after occurrence of the event giving rise to such·Claim·or within 21 days after the claimant first recogniZE!S the con#~tiQn giving. rise to the Claim, whichever is later. Claims must be made ~y ~t_r:i.ttE!.n notice. An additional Claim made afte-r the initial Claill! has bee'n implemented by Change Order will not be cons1dered unless submitt~.d. i~_·a · · timely maRRer within the time limitsprovided inJ.his Subparagrap~ 4.3:3.

4. 3.4 Continuing Contract Performance. Pending final r~soluttorr or ;a Claim including arilibatieR litigation, unless otherwise <~gre!!d• in W'riting the Contractor. sha 11 proceed di 1 i gently with performance llf the Co!l~r:a~t and the . Owner shall continue to make· payments in actardance with the Contract Documents.

4.3.5 Waiver of Claims: Final Payment. The making of final 'payment shall constitute a waiver of Claims by the Owner except those arising from:

.1 lieRs, Claims, security interest or encumbrances arisiJ19 out of the Contract and unsettled;

. 2 failure of the Work to comply with the reC!uirerilentS of the Contract Documents; or

.3 terms of special warranties req11ired by the Contr9ct Documents .

. 4 damages including attorneys' fees an~d~~~~~~~~~~~l resulting ~ lawsuits broi.ight. Architect/Engineer or ~ agents', because of acts. or· omissions on ··the· · Subcontractor,- or. any of- their representatives. ·

4.3.6 Claims for Concealed or Unknown Conditions; If conditions are­encountered at the site which are {1) s'I:Jbsurrace or otherwise- C()rit.E!aled · physical conditipns which differ materially from• those hipicat~!'f ih t;he Contract Documeots or (2) unknown physical conditions of an unusuiill)at~J_re, which differ materially from those ordinarily found to existand generally recognized as inherent in construction activit'ies of the character Pr11vid~,d for in the Contract Documents, then notice by the observi ri9 party shall 'be given to the other party promptly before conditions are disturbed and in no· event later than 21 days after first observance of the conditions, The Architect/Engineer will promptly investigate ~uch conditions and, if they differ materially and cause an increase or-·decrease in the Contractor's cost of, or time required for, performance of any part of the Work, .will recommend an equitable adjustment il) the ContraCt Sum or Contract TilDe, or both. If the Architect/Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents

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and that no ·change in the terms of the Contract is. justifjed, the Architect/Engineer shall so notify the Owner and -~onti-!lctor in writing, stating the reasons. CJaims. by either party in opp0;;ition to such determination must be tllaqe within 21 days after the Ary::hitect/Enginee.r h~s given notice of the decision. ·If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred. to the Arch.itect/Engineer for initial determinat,ion, subject to further proceedings pursuant to Pa.ragr9ph 4.4.

4.3.7 _ · C.lajms for Alj<fit\qnal Cost.,. If the Co"ti-!lc:tor_ \o/.ish~s to, rna~~ Claim for iui increase .iii the Contract Sum; w.r:ittell,JlOtJce. as. provided herein ·shall be givt;!n !:!~fore prnce¢dlng "to exece;tite;thi-~i>f~k~ Prior !W~"i,ce.' is not _required· fot .Claims_reli!ting __ .. to_· an emergenpy ehpanger'ing- . .Jife -~or­property arising under Paragraph fo;J. · if ttie ·contr-actor be 1 i eves additional c:os.t is involved for reasll.n~ including but . .not. ]iiJlite!l: to ( li <l written illterJ?r.e-:atiop frgm .the Afchitect/Engineer, 0 J~):"i\!l order by the Owner to stop the Wo.rk whe,re the, Contractorw(l"s QOt -atcfau_l,J;,. (3)-·a.writtetl order 7or a ntil)or change in th,f! .. Wgrk ,Js~~e(j by, ,th.e• Arf:hit~c:t/EngjJ~ee"' ( <+) failure of payment by the Owner, (5) termination of the (:1Jntrac:t: b_y the Owner, (6) Owner's suspension or (7} ·other reasonable grounds, Claim shall be filed jn accordance witb th,e pra;ce(jur,e e.stab) ished herein· .

4.3.8 .. Cl£ims for Addftional Time ·

4.3.8.1 I¥ the Contractor wishes to make Clai111 for ilfl incr~ilse in the Contract Time, written notice as provided herein shall be given. 7he Contractor's Claim sf1all include an esti111ate of cost;"and of probable effect of delay on progress of the Work: . In th~- case -of- a. contJnuing.deJay only one Claim is necessary.

4.3.8.2 If adverse weather co~ditions are the basis for a Claim for additional time, such. ClaiiD sha)l qe.,documel)ted by d,ata svbs_taqtiat;ing __ that weather conqitions were i!bnprmaJf()r the periQd of t:il!le and,coulo :not have been ,_ reasol"l~l:lly anticipat~d. "' .. and . t"l;lat weat~er~ conditions hi.!d·- an cdverse effect on the schedu 1 ed constr,uc_t"ton,~ .. · · . - · -- .• .

4. 3. 9 Injury or Oama'g~ to Person or Property. If e"it~er·.~a~ty to the Contract suffers injury or damage to person or property' because of an act or omission ofthe oth~r. party,. ofilnY of the other party's employees .cr agents, or ofo,"t;f1ers for wiJo~e acts ·such pal't.Y--.is legally-l_iaple,.-Written_ notice of such 1nJl}ry or da~gf!,. \>'liettwr or not insured, sl;laH pe given to. the other party ~ithin a .l'eil~Oni!qle -t.fiDe not exceeding 21. days after first· observance. The notice. shal).pr0vide sufficient detail. tp enilble the other party to investigate tiJe inatter •. lf a Claim for .additton!ll cost or time related to this Claim :is Jo be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8.

4.4 RESOLUTION OF CLAIMS AN!l DiSPUJES

4.4.1 The Architect/Engineer .. will review Claims .and ti!ke one or more of the following preliminary ac:t;j()ns wit})in ten (jays of .receipt of a Clai111: (1) request additional supporting da~ from .th_e clailllant, (2) submit a schedule to the parties indiq1ting when the Ah:Mtec"t/Engi.neer expects. to take action, (3) reject the Claim in whole or in part, stating reasons for

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rejection, (4) recommend · s·uggest a compromise.

obligated to, notify the Claim.

approval of the Claim by. the other party or The Architect/Engineer 11\ay also, but is surety, if any, of the nature and amount of

(5) not tbe

4. 4. 2 If a Claim has been resolved, .the Architect/Engineer wi 11 prepare or obtain appropriate dl)cumentation, .· · .. • .

4.4.3 If a Claim has not been re.so lved, the piJI"tY.II!i!k.ing the. CJa511! shall, within ten days after the Architect/Engineer~.s.,Jl.tel,jiJ!jl}ary resp~;ms!!, take one or more of the following actions: (1) 'submit' addit"iii.nal· supporting data requested by the ~r<;hite<;t/Engineer, (2) ml)(jJfy Jhe jpjt_.ial Pall!! Qr (3) notify the Architect/Engineer that the initjaJ Claim. sJ~nds. '"

4.4.4 . .. . Jf a Cla.Jm.,has n!?t. ~~~11 re~olvecl afJet' C:!in~f4erati,9n Q{ ttJi .. foregoing and .. of further eyiaence Pre~~rJted by t;be p~rtie~ qr r:equesteq !;ly th~ ~rchftect/Engineer~ .. t~e An:~it,ectyEngipe~r- wiJl nqtily •the .P1lrt1es. jn wnt1ng tllat the Ar<;hlte<;.t/Engineer'~ .,cfeClS.},Qil wilJ. b.e made w1tlpnJ~,even days,.· ...,hi.<;h deci sian shall . J1e · fin.~J.an#,.!>fnclll\g }tQ the pittJe.s b.tit,, S!Jfiject. to arb.iJh!.tion resolution a.s · r;qyided in. Par-agraph 4. 5 .. l!pon expiration of such time penod, the Archltect Engineer will re11cjer-.~9 the P!lrtjes. the. Architect/Engineer's written decision relative to the Claim·, including any

.change in. the Contract Sum or S~>,ntractJime gr !;Jot,h •. , .. Jf.t!Jere is a suretYc and _there appears to be a pos~ibiliJY. ofa Cqlltt'~C:t?t:~tdefault, til~ . Arch1 tect/En91neer 111ay, bllt . 1 s not obh gated t9 •. nqtify .the surety and request tpe surety's assistance in resoJving the C(l,ll.trg~ifrsy. · ·

4. 5 ,\Riii'HlAH9!1

4. 5.1 Ge,Rtr_eversi es :_a,,a Cl_a;i~_s ___ St:~B_jee_~-, te __ Ar-B_5_~_f'_att~.f\·. .'~f\')~-~---~e_fl_:t;~e~:~r-~y-_ er Gl~i'ftt ·.:S.ti __ s-i.A~~ et~t_ -~f __ :~;f _ ·r_e_l_EtJe:~-::J-~ _;_ ttl_e;.:_G~_~_F_f;a¢t_~·; ____ 6,_.f;,_-Jh~:< J~i-'~~q~--_:{fle.f'_e:~.f ~-shall. :a_~-- -~~-~t~J_ea 8;'_. ci_rtd f~a_t.l-:8/f.i R'-~ee·B:P#a"~-i --•,.-f~~-~t_h'e_~ ___ ·G=SA_St:f_ti_-_ct_i;e:_i=t- _ _ __-lt18t~st:_~-::A·=~h-_it}2a;.ti e"--~~-~~---e--~· -~_1:<"_t_h:e, }tM_~jDi ~~-~~:\(~~it~-~-if~ft_- :}'•~s:eef ~~I~~,:-::· a~R~ _ ._ j ttd£1f;~-~~t=---;~p_e,Jl · the_ .awa:f .. _~_- _r.~_ft:elg_re_~_ ·_13}·_---t~e_.-~_-i_f_tl_tti·~~~·,_·-_-~~f~g-~~.iJCP.~J:e·rs~- ~ay·::· ~~ _-__ , er.tef·e:er :rPt· :a~_ e~~_tt_f~.:- fl~a'!,-i fi·_§ _ -_s_ti~(id_:i ftl e R ~ _t:~'et~af·~·::: e_~~-t~f_·;~E)'.iit:(~;~:~if:~~ S_t es·- A-_~ _: ~ 1 a})~s_;. ____ r_~~1~~~·ft~ te_ a~St~~J.i ~- ~ ~~-~-t~-~-~-~-:- ii~~:-. _e_,<~e-~_~f .-J:~-~i~_/-: ~1i1-:~-~:~/ :.~~:;~j~:r-~~·-~ tie ~:--~-~t~ r. 1 fl _S~-~.a.~~_§P_i!J3h ·_4. 3 ~ 5a_ .. ·:_Streh_, -_e~~~?Jm~rv~_Ps 1_ e_$:: __ e,---__ Cla_~-Rl~_-:_-l:l,lt~ff_ -~{(f\J·~-~ _t_h~:._.•\~.:,~J __ te-et' -~~a_S .-_-gi_v~-ft _- R_et_i e~ __ _ afttl :: ·r¢_fl·~-~j&-~_if -_a--_ .a~:e.:i_:SJ_e_, · -~s --~~El·;·_i,:_ij~{~/-.-1~-- _S;~_B~,itl".~§_f~_El_ij_ q. L f\-'SR,_a-1'_1. _·e-e si:Jejee~_. t6_ aPh_l_t:~~-tie_~ _li~_~,;·-_ w_fit"f::eft -~~r~~~~A~-:---~-( __ ei_}~e.r._, fl~!_:t)'.' Arbi t~_a~i-~_fl mey _Bf: e.e~_e,H_ee'd ,;_he~_-. ~5 __ '_ 68.;y5_-__ ha_\ __ e _ _J~~~~?_f~:~.:-~rt£r· .. :-:~:- QJa-lR( ~a~~---,_,-- . beeR ,.er,e'r_tz'ee! ·_te ~Re. _f\re~-l"teeit as·-·pr"e_.,:·i-_#eti .~ j R . P~F~ag~·a_p_~~-.1_.::~ 3_-_ -.-_a~~- _flB_ dec_i Si ~f\ .. has eeer\>1 e·nEferea:·· . . -- ·: ' .' ' ._.-< . , __ , .. .. . •' . -

-·,_ ·-

4.5.2 Rllles"aRa lletiees fef' Al"llitf'atfe!l; 'Glaims llet-,/ee\'l'the 0\<·f'lef' a~i( CeRtfae.~e_f _,·at resel , .. e-el ,i:tfH:ief,·:. p_'ar,a§_rap~i' :4_~ .4 ~ 5~~1'1 ~:. ·i:_=r·:~s:~~-J~:¢\{":_1~.;-_,~-;.:-~jl~·a~· -"-__ :.:. ti eri 1;1fl~er SttbPara~_·raph ·4_~-··s4l', :-_~:e_"·_a~~leled-' ~Y · __ a-rei_ ~.-:a.tA __ e·f\-__ J"_-·;:~e~.er!~J;flfz~, _·,t_i t_h­the Ge":~.t_r_Het_i eft _ ~_ruit~stry _ArB_.i_,_,~j'eA )~t1_l _es_ ~-_r t_Re,' ~~,.l~:af(_!a.P·~5ftt!tJeR ._ -~·· Assee;i a'fA.~" et~rr"ef\t:_ly_ in· effe!~i:-~"··_:_tt~_lt!ss · th_f- _p_at'~~-es _ -~·titti_~lly -·~g,.~e. ·.e~heF · · .. __ wise. tleti ce ef ele!taAtf f6fz a·rBilPati BA shall 'l3e -'-ti'l ~i:l .i'.R 'xnri ti"R~ _:\(i th tAe ettler ~arty te the--Agre!ettu!lltt a·et·nf:f!ft -the O·~·"e&aRS C6r=ttfaeter ·aRE§ .;.·itk the Ameri ean Pt'rhi_tt ati ef\ Asseei ati aft, aru:i a eepj' ~hall be· fi 1 ed ··ti th tRe Arehiteet.

E Page 47 of 106 Pages October 16, 1989

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AlA OOCUMENT A201 COPYflliGHT ~ 1987 BY THE AMERICAN INSTITUTE Of ARCH~C'TS. ALl. RICHT3 AESER\/EO- AlA.,

4.5.3 GontLaet Pet foimance _8trri1'1~. Arbitratieft.

4.5. q t'A~" ArBitratieR Hay Be BemaHtiefi_ BemaRS fer at-BitratieR ef afey' Claim may ne~_Be ma9_e __ ttrt=f;:il the_. earJ_ier ___ ef (1)_ t~_e __ dat~ eft ;w_h_jeh _the At-e hi teet he:! t-ertdere:et _·a ··t; !'sal sFri tteft ·t:teei_si erf :-e~ t_h_~---. Cl a_;:m_,-- (2Y ·_tPt_e tf!~tA ~ay after th~ }!5arties have flrese,teti eti6ePlee te ·the·---Arehlt:e·et SP Ra,Ie: -a·ee,! !}iv_eft r.eas~~ahle ~~rsert~n_ity.te de se_,_ jf_~_h~ ,,_r~~-~it~e;t Aa,:s. net .l'eReJereS a fina_l :- .,..ittera _c!-~_e_i __ ~_;_e_n _:b) ~h~~. ~at~,_- --e-_;.. __ (0) .- al't)·_._-&.f t~-e fi (! ·e,;e~_t:S Eie_se~i!ieei_ ~-" S~.p-4Fe:~a~~_. _4,:·-~- 2~ - . ,-c--.

4 .. 5'.-4 .. 1· Uhert a Hitte:n Efe:eisieR~ef ttie a0oreftiteet states that (-'ij'_ -~_t(e.-·. dee-isieft is final ht~t st~Bjeet te aP"BitrBtiert 'arui {2) a~fJ!:PI!aPl6 (~ti ar-BitPa ti e~z :- ~f a ~-~ ai~ --~:~-.. ~~;_7~ b_:t_ -~-~eft-_ -~~ep~_~}J!A _':-1!'--~~,,t _-b.~'<_ma~4e,: -wjJbj_l'\ 4Q ~~·s -af~Tf', the-. -~c:te _ e_~ ___ }·~_,i ~<:~~-~: -~~~~-r:tY.;{~a_~,:·~-·-:j_.t,~:f; ... ~~-~~-<~~~e&_i .. i~-~~-dt-~·¢ :l ft~_al_.,';-~fri~S-~~~;,~--, _ aee~ s_1 E?~ lt _ ·t~~· f~ 1_~-~e __ -. .t·~--- demar,.~,-;-~·rel1t'~},1 ~!\_~,)f1~''"-::·s~r4,-:·;l~ ·c'~~J'~;~;,~(~~~~:-~ sha.~ _l res til_~- -J !" · '~e-_-A~_-~h1.teet•_~ _ ~-~e.err1·.1 ~:rr ... ~.~~~~-(1':-:-.f.~,.J'-a.t_:.~."~-- ~:-~ne!J~D_.:::~-~~-the __ e'"·_ner a_fttJ Ge_~tr~ete_)P·,- _ If_ t;J,~ ___ Ate_h_fteet-_:-_r_tlH_~eF'!f;-~----:defe.-is.i_e" .aft_~_r_ ·:·.-· a:rBi t::~-i _e~~·:_~.,--.,~~_:e:~i ft:~ri 1\_~~K:- ~-~~-:- i ~; fl~~~~~~,,:.~~~_a(ft=- Ei~~j::~.i_ ~~:_; __ f!':~:=}~,~,:::_g~~tlr-.~~ as ·e_\·~ ~-~-~.te",-·; -t,t:t~_~'}shal'l -r.:~t,'::_-5t:t;i·¢t_!~~,e_'~-a.:.~~-iJr.-a~_.i'~.f:'-~:'pr6e!~~i?;6fH§5 · ___ Hfh~r-;5. _:~ tij_.,e' _·.=· deei s i eft- i-~ , ~aC_ee_pt?:BJ e; t_e_ all. ~.~~ttf:i __ .~!·~-".E::e.f!~~-ij_: - - . ' ., .. ~ . --~~-·-: _, . :. -

><'- -,-'- - -- ,. ___ - -.-. ._,- •

4. 5 ~};2 · _ A ~ae.l!i_a~-~-~-.. t~J·,,_:'7tBitlrati_e~::- s,t~_aj··~:~:_.~·_e:_:_::it~db·--:,:."rthi ~:-J.ne.'-:_;t_j~-~-;.~:l'i_m{t_S_. s_pee __ i_fi e~ _1 pt_-._ Stlh_tsitra§f~_h's _q·: s •. l_:a:_nd ... ·(. 5·._'_4~ _iri_Ei'_·Elc::a:ttSie _ q·~_·s. tr<~.~ ·_a$_:---_::_-·, -~~:~._,~ a~~l ·; eael e,- ar1ej · ifl __ -__ ~-~ef-_;e_~s,e:; ___ ~"*:i.i-J:tlR:_--:a_,: =r,e.~,SeA=~I~-_--t~m_e_-__ ·a_fte~.:, J~~J ,C);~fift; _.,ha:~ ariseft, arte iA fle,eteft·t:'.sA:all-·it Be-Bta~·e.:,arte,•-ihe d&te'wfleri ___ ;-ft·s\ittitf6tr6T 1e~a:1 ar ee,ttitaBie JH•eeee6irt~s Baseel en_.-sfdeh Glaim 'ftatilej be h._.~~:!;:e,~:t~_~_::__-th~- -· aJ313l i caBle statl:fte ef 1 i Mitati eAs as· aetef-m-i "ea _pttrstJaftt te Par·a·g;t!!pl( 13_. 7.

i nte_rest __ er .. -~~~~-~_rts_i'~_jJi_t-y_·j-1.- } fl~tt_B.~,t=~-~,t~l;_:_--.. £,~'!-~-~"$_ J·~'- a;.~~.i-5:·'-'-.~tJ~J:!._. __ i Rvel ~·; ft§ ~," a~_~_i_}l~!l~al __ :·p_~rs~.~,:_ ~-r .~-~·tl..tk~~,-~:h-~JJ_:_)t~"~ _ .~:~--~?~_lt-~~-~-, ·¢~-~$·e·"·.¥---:.t~ _, arbi t=rati .e~_ .ef _.. ·a ____ .di Sff~~-~ .·:·"e~-:--_~e~_e,r_j ~'-~,4-, -~,r~~i!L_fl_~~-- ··"·(ttl ~- .. P-~r.:s~~_.ft __ ,,:~:~- ---~~_f'tiiJY-.net rh~m~_d-. e~'-· ~i_~s~rie:~~- ,,t~_~l"~i_i, •. __ , t,6~-_-·/,~--~,-~il~Jfi§;:,~:~_§_~-~~-~-f1(,,:\fB·_ ~-'-~.5-t-r-~i~,.~·--~ftd ether ._a§re~e.rtt?._ ~~ ~--~~B_j.t,r~~~-='-'fi_~~: :~ _,fif4~tt;:J_,_t:t~l P ... ~r:~_~ft __ :-~.r~ .. :--~-Pit:i,}:j_-·ei:ili ~:, eeAseHt~,e t~ _ ~ ·.p8rti.',¢s .. t;e · the __ ;_Agr~f!~gtfl€._$,lli';ll.:.~_.e --~fl_ee_i_Ji.e~l1y EiRfe,rei:!abT~ UfleieP af)pl i ea:Bl e la·w- i,ft.'_ aR;Y ~e-~ .. t-_ h_a"ti n:§ j~Pr~-~t..i:~--". th'erf!"ef. - .

-. ' ' -. ' ' '~j~ -_- . - ' ' ' ,-

4.5.6 Claims antf Timely:A!s~rtfen af' Glaims .... - .''• paP"ty ~the file~ __ a. netiee ef 9ema"d fey arhitratieft mHst assert i" the demaftS all Claims theft kRe·a·R te that f)arty en ·"·hieh arBitratiaf'l is t:termitted te Be elemafu:JeeL ',.'heR a party fails te iAeltleie a Claim tAJDBJ::J§h eversi§ht, iRael·tel"tenee aP

E Page 48 of 106 Pages October 16, 1989

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A'A DOCUMENT A201 CO,.YRIGHT ~ 1987 BY THE AMERICAN INSTITUTE OF AftCH~cn._ ALL RIGHTS RESEPIVEO. AlAe

4 .. :5 .. 6 61ailft5 aPLef 7ime1:) Assertiefll ef S1aim. ,\ f3ar!) 'KAe files a ftetise ef GemaR6 fer a~BitPatie~ ~st assePt i~ the Sew4~8 all b1aims tAe~ kft!\c .. te that f3aP'tj 6ft 'nJ•Iiefl\ arbitPati~P\ is ~ef'LM;tteef te !e !emaPLt!eci. ';JJtle!':

-a -~a.-t) fali-·s te i~telttae- a 61aim -thPettgh- 8\el"Si.~ht; ·-il'laehe. t_nee -~r_ tJl(eifs·asle Pl·e~leet, tn• hhczt; -a blaiM'-Ras Matttrrf""Br ·~eePt-ae~t~iP:i!i sa8se~tJeftt1y 1 - tl:ie- arisitJ'ateP aP atzBitPateP!. l'flay--peP-mit ·ame)~t9ftrtePlt ..

4 s ~ • e • ~=· 1 • e :;:;.. · e e ! I! ·~ !l~'"a·~~ •• J of:t ~el!t!fl.,. efti"a r.WaJP ..! aA!l" l'!f't !r_!) ... o! dl" -·--8P'-_!.1'8itP!'tf3P!--·sJ:ia1l"-he fi"f\'!1.1 !ftil jtf&!JIFieP\t ·May Be ·efltere:a_-tt~e" it iP't aee!rflaftee -wfth ·aJil'liea!le, laM ··;,. afty eettl"t ha•;dft§ ·jttrisBietiSPL ther:ef.

,4.5. LEGAL RECOURSE --~

4:.5.1 . The firidfnq of the AreltitectJEn~eer shan be !. l"@auired condit1on precedent to furtlier action h the ~er or Contractor as follows: - --- -

. .1

.2

"'.

not governed £.:!. jUd-Iciary system

5.1 D£F1MI'I'!ONS

5.1.1 A Su.b<:ontractor is a persqn or entity wilo has a direct contract with . the Contractor to perf om a portf on of tile. ·Work .·at .. tile site. The term •subcontractor• is referred to tflrougbQu1; .··~ Contra<:1; Ooqnnents as if singular in n•er and means a. S!Jfteon!O'~etor or an. authorized. representa­tive of the Subcontractor; The terili .•StibContractor~. does not inc lucie a Separate COlltraCtOr Or SUbContrac:tpts' pf a separate contractor.

. - -- ' .-, ---- - .- .

5~1.2 ··A Suf1,..s#fl<:ontractor h · a pe~pi\''''Clr. en1;fty who has a direct or tndirect contraCt With a· SubContractor to:perfor"'l!, a portion of the Work at the site. The tem "Sub-subcontractor• is referred to throughout the Contract Documents as if sfngul ar fn ,fiiJII!ber lfld Jlli:ans a Sub:.subcontractor or an authorized representit1ve of the Sub--subCemtractar. ·' - ,---_ '

5,? AVARD QF SUBCOHTRACTS AftD qTHE.R ctli{Tiie.¢TS F()R PORTIONS OF THE WORK . ' '("---· -'-. . ; '" .. ' ~

. ,, .. 1 ". ~

5.2.1 ·~Jt!~ ethencf~e lta!e:tl f1i ~fte Sefttraet Bee•err@!! el'" tl!e ~it!eH"~ re~Hitemcft@s, the GsntraeteP1 a~ seeft as ~Jaet;ea~1e~after a~ar! ef the

thirty {30) ~ after the·· date of the. Notice to Proceed, ~~~~~~~ti tn c!i[T'iance wlth £lie ~i~ltts at the Contrac1:

i ""'iFi~.·, t;u~;rn~~s1 n of ~~~~s ~r en:ft1~eC1~j~i-:P:~:e ~~~ n . ls or ·equ.fpmi!nt 'fabricated to a: special design)

,princf_pal portion Of_:-...the Vorlc. The Architect/Enoine~r ilroilii:itlvreiJly to the Contractor in Writi119 stating whetlier or not the

OW!rii!•· Architect/Engineer. after due 1nvesti gati on, has reasonab 1 e objection to any such proposed person or entity. Failure of the ~htl'lef e~ Architect/Engineer to reply promptly shall constitute notice of no reasonable ODJect1on.

F P~ge 49 of 106 Pages October 16, 1989

AlA OOC\.IMIHT A201·COf'VtlltQ:HT (§ 1911 tY TH• AMa.,.le.AN INSTTTVT'a 011 AfiiCH-tTfCT1 At..L.f't<l-MT:s fl't!SIJIIV«O- AlA~

F

5. 2. 2 The Contractor sha;' not contrac;t wi ti' a propasl!jj pe.rson or entity to whoa the Owner .Jr Ardlitact./Engineer h~ made ruson,.Ple ant: timely· objection. The Contractor shall not be required to contra~=t with anyon11 to whoa thl! Contractor has naade reasonable objection.

5.2.3 If the Olmer or Arehit.ect./Ensille!!r has reasonable objection to a person or entity proposed by the Contractor, the Cpntractor sltaP propose ~tiler to whoa thil Olmer or Architect/Engineer has no reasonable objec­tion. The Contract Sua shall be fncrusea <!f;',~J"e~~ by tht!_ djfiferenc~ in cost occasioned by such chmge and an appropria~·-cl'iange Order··shall be issued. However, nofncrease in t1le Cantnct S'-.llh,all.b~ allowe9.d"or such dlmge unless the Contractor 1\&s acted p~tly::.arid i;t~p,onsivt!.ty''j~.subillit-ting na.JDes as ~uired. · ·· · ·

5.2.4 . The Con~r11ctor shall not change a Subcqtl,tra(:tor •. person or entity previously ,selected jf the (bater 0r A~iteg./En9.tneer,mak.es reasonable objection t? :Silch. change fncluaing,, ~ not Ujntea~·.to•;.·:ooie~ions relatec tQ .. MBE part1c1o<tt1on. ··· n

;-2:;- The contra:ctor and the SUbcontra~l:lS;•~·hall.:.~fthin 45 days of the date of the Hot1ca to TrocetM!, prov1de the ilaliles of "'i)l IQajOr "Swl-sUbcontractors anlilor. -.1:er1al !!!!! ag~nplllt!nt. -.nufamrers. ~• he fo 11 m,i ng 1 ut l.! smestii:l b~ carr 2!. reduced or eltDanded !1 ~ dl scM!t.l on of t.he Ardn ten!Engi neer !!!: .!! dl rected !!:! 11!! i}l;iieli: .

E Page 50 of 106 Pages October 16, 1989

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AU. ~~NT A2tn _c::gp-y-._IGHT (g IWT .,y TM.- AMIIIffti<!.Ut IN:S'T'!"I'VT'a Ofl AIIIQlff'TW.c:"rS. AU. Jlt1CPC13 JtU•RV~ -.a.t.a. a

(

5.3. SUBCONTRACTUAL RELATIONS

( 5.3.1 _By appropriate agreement, .written where legally required for validity, the Contractor shall require each Suocontractor, to the extent of the Work to be performed by the Subcontractor, to be bound· to the Contrac­tor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which: the Contractor, by these Documents, assumes toward the Owner and Architect/Engineer. Each subcon­tract agreement shall preserve, and protect the rights of ·thet()wner and Architec1;/Engineer under the Contra~t Ooqmeots ,with respect. to··the-Morlc ·to be performed by the Subcontractor so th!lt subcontracti'ng-.thereof--will..-ndt · prejudice such rights, an,j shaU allow to the Subcontractor, unless specif~ ically provided otherwise in the subcontract agreement; the :bene:Ht of all rights, remedies.and redress aga,inst the Contractor tnat the.• Contractor, by the Contract OocumenM·, •. , has agatnst the 0\olne.r, Where· appropriate; .the Contrac:tqr shall requJre eacf1 Su!Jcont;ractor -t'Q enter: into ·similar agree-'· ments ·with Subsubcontractors. _The Contractor .shaH .make available to ·each· proposed Subcontractor, prior to .. the execution of the subcontract agree­ment, .. copies of the Contrac:t Documents .to-whi~h · the Subcontractor wH 1 •be bound, and, upon wri.tten .. request of the Subcontractor; identify' to the--· Subcontractor terms a_nd conditi,ons. of the proposed subcontract agreement which may be at yar.iance witfl the Contr<!ct-•Doc:um~nts. Subcontractors shall similarly make copies qf applic:able portions of: such documents .available• to> their respective proposed Sub-subcontractors. ··

I

5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS

5.4.1 Each subcontr9-ct 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 Paragraph 14.2 and ·only for·. those subcontract agreements which the Owner accepts by notifying the Subcontractor ,in writ"ing; and·

' · .2 assignment is· subj~ct,, to._ .the prior rights of the surety, if any,

obligated under bond relating t;o -t,he ContracL

5. q_ 2 If the 'n'erk .ha~ lle~n S!:lS!Jenaeli f!lr mere. ttlan .. 30 eeys, ttle S1:1eee"traeter' s eempensatien skall .lle eq!:li"tallly aaj1:1stee.

ARTICLE 6 CONSTRUCTION BY OWNER

OR BY SEPARATE CONTRACTORS

6.1 OWNER' 5 RIGHT ·To PERfORM CONSTRUCTION AND TO AWARD SEPARATE. CONTRACTS

6.1.1 The Owner reserves the right to perform cpnstruction or opera­tions related to the Project with the Owner's own forces; ano to award separate contracts in connection with otherportions 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

E Page 51 of 106 Pages October 16, 1989

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A.1A DOCUMENT A201 CO .. YRtGHT <!) 1987 f)Y 'fHE AMERICAN INSTITUTE OF ARCHtRCTS. ALL RIGHTS RESERVEO. AlA®

the Owner, the Contractor shall make such Claim as provided e 1 sewhere in the Contract Documents.

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 Contrac~ tor who executes each separate Owner-Contractor Agreement.

6.1.3 The Owner shall provide for coordinati'on of the activHiies•of the· Owner' s own forces and .of each <separate< contractor. wi'th' the' Wo:rk. ·Of· the · Contractor, who shall cooperate with them:· The Coiltractor-sfia'll·jlaJ-t~i'"' pate with other separate contractors and the lAmer in reviewing 'tbeir, construction schedules when directed to do so. The Contractor,. sh•H 1 :make any rev1s1ons to the construction schedule and>col'itract''SliJD deemed' necessary after. a ·joint review and mutual' agreemen"t:. ·Tij'e· coiistrticti,on

·schedules shall then constitute the schedules tiibe •used by the ~orjf;raet6r;; separate contractors and the Owner until subseqtiently'revTSed. ·.. ·· ' ·

< -· ' -- •• ,,,' -- ., -.,,_

6 .1. _q YRl ess etheNi se J31':e\·i·aea.- i _A c tlnt··': c·e·AtPaEt --;Q'e.et::ltilfft_ts.', ·. wR~-~'-'tRe_- oi;.::

0\<Aer Jierferms. eeHstFetti"erl·_ el" ··apetatie'As __ re-~et$iffl_.t·e' _-'th_i"P.-:Bj!Et ._:.;·;_~h _~he:.'· (),tneY'_s .. e·~€n fe..-ees-, ·th·e {hot_Ret--_5M~l-1" ee· :def#ti:e£1 '_t~·_:-"'S_e _S_a~j~E~:-ffe_- f~'i:_"·S:~C··-:·· ee 1 i.§at~ efts ·arHl- t~_- ha'a~e th_e ·same· ri_§_h:t:S __ wh:i ¢ft· _~p~p-_l_jr- _fr~' :~e-'-C_e_Rt:r,a_e~e~'>t:;u:!Eie:f:·-. the _·CertdJ:ti et'\5 e.f t.h-e- _·certtraet-, _ fneltt-ai;n§_;-- \iftfiteieitc ~eJ~_d_i 1\~ ·et-K·eY~s ~: 'tAeset ; stated in Artiele 3, this Artiele 6 afn:l .otrtiel'es 19~ ·n- ciftf{ lt." · ·

6.2 MUTUAL RESPONSIBILITY

6.2.1 The Contractor shall afford. the Owner and separate contractors reasonab 1 e opportunity for introduction and storage of their ma'teri'al s ,·and equipment and performance of their activitiesandshall connect and coordi­nate the Contractor's construction and operations with th1firs 'a~ required by the Contract Documents. ., ·· · ' ··

6. 2. 2 If part of the, Contractor's Work depends for p'roper execution or results upon construction or operations by the O~ner or a, separate contrac­tor' the Contractor shall, prior to proceeding wit~ that.' por~Hm of the Work, promptly report to the Al'chitect/Erigirieer 'apparent tiiscrepancies or defects in such other construction that would render it unsuitable. for such proper execution and results. Failure of the tontr:attor so to report shall constitute an acknowledgment that the Owner'' s oi'' separate coritracto'rs' completed or partially completed construc:tion is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discover-able. J · ·

6.2.3 Costs caused by d!llaysorby.improperly timedactivities or .. defective construction shall be borne by the party responsible therefor.

6.2.4 The Contractor shall promptly remedy damage wron.gfully caused by. the Contractor to completed or partially CQJ!!Pleted construction or to property of the Owner or separate contractors as provided iri Subparagraph 10.2.5.

6.2.5. Claims and other disputes and matters in question be:tweenthe Contractor and a separate contractor shall be s.ubjeci to the provisions of Paragraph 4. 3 provided the separate contractor has reciprocal obligations.

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6.2.6 The Owner and eaCh separate contractor· shall have the same responsibilities for cutting and patching as are described for the Contrac­tor in Paragraph 3.14.

6.3 OWNER'S RIGHT TO CLEAN UP

6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibi 1 ity under their respective CO('!tracts for maintaining the premises andslJrrounding ~rea free from waste. materials _apd rubbish as described in Paragraph 3.15, the Owner maY clean up and allocate ttie cost among those responsible as ·the Arthitect/En~irieer determines to ·be· just.

7.1 CHANGES

ARTIC!£7 -CHANGES IFi_THE.WORK

7.1.1 Changes in· the Work may be acco1Dp1ished i!fter execution of the Contract, and without invalidating the Contract, by Change Order_, Construction Change Directive or order for a minor change in ''the Work,,,su(lject to the limitations stated in this Article 7 and els_ewhere in the Contract Documents:-· · ·

7 .1. 2 A Change Order shall be based. upori agreement among t~e Owner, Contractor and Architect/Engineer; • a -tonstriktioil Cl!ange -Directive requires agreement by the OWner arid Architl!ct!Eng1neerarid may or may not be agre_ed to by the Contractor; an order for a m!'l]or chiuige in the Work may be issued by the Architect/Engineer as provided in Par'agraph 7.4. tt-Hffie.

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 fllr -a--min'o-r change in the Work. · - ·

7.1.4 If unit prices are stated in the ContraCt Documents or subsequently agreed upon; and if quantities originallycontemplated are so changed in a proposed Change Order or Constl"uetiori Change D1rective that app 1 i cation of such unit prices to quantities of Work''prppbsed will cause substantial inequity'to 'the Owner or Contracto~, the applicable unit prices shall be equitably•adj1Jsted. ' · ··

7.2 CHANG~ORDERS

7 .2.1 A ~hange Architect/En 1 neer Architect Engineer,

Order is a arid signed

stating their

.1 a change in the Work; .

written instrument by the · Ownl!l".,

agreement updn a 11

prepared by the · . Contractor -- _ and of the following:

• 2 the amount of the a-djustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any.

7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3.-

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7. 2. 3 . A 11 Change Orders must be ~ the Board of Regents Change Order ~ 1ncluded in Section ~ of the ProJect Manual.

7.3 ·coNSTRUCTION CHANGE DIRECTIVES

7.3.1 A Construction Change Directive is a written order prepared by the Architect/Engineer. and signed by the Owner and Architect/Engineer, ~irecting_ a change in the Work and stating ?- proposed basis for adjustment, 1 f any, 1n the Contract SUJD or Contract T1me, or both. The Owner may by Cons.;truction Change Dir.ective, without invalidating the Contract, order changes in tl)e Work within the general scope. of the Contract consisting of addhions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. The Construction Change Order Directive form is provided in Section ~ of the ProJect Manual.

7. 3. 2 A Cons.tructi on Change Directive sha 11 be used in the absence of total agreement on the terms of a Change Order.

7.3.3 If the Construction Change D.irective provides for an adjustment to th~ Contract Sum, the adjustment shall.be based on one of the following methOcls:

.1

.2

.3

. 4

mutua 1 accepta.'lce of a 1 ump sum proper 1 y itemized and supported by sufficient substantiating data to permit evaluation; a not-to.-exceed amount based on unit prices stated in the Contract Documents or subsequently agreed upon; cost to be determined in a manner agreed upon by the parties and -~ llltltttall)' aeeefltable fi)(ed Bf' percentage fee as provided 1n Subpara9r<1ph 7.3.12; or asproVTdeti in Subparagraph 7.3.6 .

7.3.4. Upon receipt of a ConJ;truction Change Directive, the Contractor shall promptly proceed 111ith the change··in the Worlc_ involved and advise the Architect/Engineer of th,e Contractor's agreement or· disagreement with the method, if .any, provided in the Construction Change Oi rective for determining the proposed adjustment in the Contract .Sum or Contract Time.

7.3.~. A Construction Change Directive signed by the Contractor indicates the agre~ment of the Contractor therewith, including adjustment in Contract Sum anct Contract Time or the method for determining them. Such agreement shall be ··effeCtive immediately and shall be recorded as-a Change orcter.

7.3.6 If the Contractor does not respond promptly or disagrees with the metl)od for adjustment in the Contract Sum, the method and the adjustment ~-the not-to-exceed alJ10Unt shall be determined by the Architect/Engineer on ttw bas1S of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, the stipulated a peaseAab1e alloW9nce for overhead and profit as stated in Subparagraph 7.3.i2 .. In such case, and also under Clause 7.3. 3. 3, · the. Contractor sha 11 l<eep and present, in such form as the Architect/Engineer may· prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph . 7. 3. 6 sha 11 be limited to the following:

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.1 costs of labor, including social security, old age and unemploy­ment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance;

.2 costs of materials, supplies and equipment, including sales tax and 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, pe-rmit fees, ana sales, use or similar taxes related to the Work; and .

. 5 addi.tional costs of supervision and field office personnel . directly attributable to the change.

7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual mit cost as confirmed by the Architect/Engineer. When both additions and credits covering related Wort. or substitutions are involved in a change, the allow­ance for overnead and profit shall be figured on the basi:s of net .increase, if any, with respect to that change. · ·

7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect/Engineer for determination.

7. 3. 9 When the ·Owner and Contractor agree with the determination made by the Architect/Engineer concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by prepara­tion and execut)or!_ of an··approjiriate Change Order: .

7. 3.10 The .Cost of the Change sha 11 not inc 1 ude any of the f'o llowi ng items:

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.1 Salaries or other compensation. of the Contractor's personnel at the Contract~ offices, including the field office, unless direct "additional expense has been incurred exclusiv-ely because of the! change;

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.2 Expenses of the Contractor's offices, including the field office;

.3 Any part of the Contractor's capital exoenses, including interest on the Contractor's capital;

.4 Costs due to the negligence of the:~ontractor, any Subcontractor, any Sub-subcontractor, anyone directly!?..!: indirectly emplol[ed !?Y any of them, or for whose acts any of them may be hable, including, ~ not limrredto, the correcfiOn of defective or nonconforming Work, disposal of materials and equipment wrongly supplied, !?..!: making good ariy damage to property; or,

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.5 Overhead, general expense, and the cost of any item not specifically or reasonably inferable ~ included in the items (f described in Subparagraph 7.3.6.

7 .. 3.11 The Contractor sha 11 check a 11 materia 1 s, egui pment and 1 abor entenng into the Work ~ 2. result o.f changes in the Worlc and ~ k7ep such full and detilled accounts ~ may be necessary for proper fJnanc1al management under ~ Contract, and the system shall be satisfactory to the Qwner. The owner slla 11 be afforded access to a 11 the Contractor1 s records. booKs, cor~ndence,- 1nstructions, . drawiii9s-:- receipts, vouchers, memoranda and ·nmilar •dat.<rrelating to' changes in the Contract.

7.3.12 The percentage ~ for overhead and profit combined, to be added to .the Cost of the Change 1n l!etermm1ng the total cost to the Owner, shall be !;lased upon the fo ll owing schedu•l e:

For any Work performed ~ the Contractor's own forces, 15% of the . Cost of the Changer · · ··

For ~·· Work ~erformed ~ 2. Subcontractor or forces under the Subcon,tractor 1ncluding any Sub-subcontractors .. ~ other persons not .ln the d1rect -employ of the Subcontractor·, ~ tota 1 of 22-1/2% of·; the Cost ;of the Change, with 15% . to be assigned to the · Subcontractor and any forces under him and 7-1/2% to be assigned to the Contractor. ---- ---- .

73Ll3 .. If 2. change in the Work results in 2. cre~it ~ the Owner, the cre(j]•t shafl •be tlte net Cost .of the Change as dehned 1nSubparagraphs 7.3.6 and 7.3.10 and shall not include any allowance for the Contractor's or Subcontmrctors} overhead •and profit.

7.4 MINOR CHANGES IN THE WORK

7 .4.1 , The Architect/Enqi neer will have. authority"- after receiving the Owner's approval, to order minor changes in the WorK ·not involving adjqstlli~nt in the Contract .. Sum or e){tl;!nsion of the Contract Time and ·_not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contrac­tor. Tile Contractor shall carry out such written orders promptly.

ARTICLE B 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 Werle.

8.1. .2 . The .. date of commencement the ooti ce to proceed Agreemel'rt. fai llife . "to ac"t .of tlte Contractor Contractor is responsible.

-of the Work is the date established in The date shall not be postponed by the or of persons or entities for whom the

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8.1.3 The date of Substantial Completion is the date certified by the Architect/Engineer in accordance with Paragraph 9.8.

8. L4 The term "day" as used in the Contract Documents shall mean c<;~lendar day unless ·otherwise specifically defined.

8.2 PROGRESS AND COMPLETION

8. 2.1 Time limits stated in the Contract Documents are of tlje 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 . Th(! Contractor sha 11 not. knowingly, _ except by 3greement or inst,ructionof the OWii~r in writing, prematurely commence operations on.tlje si_te or _elsewher(! prjor to the. eff~cti)le Q(!te of insurance requir;ep.by Ai't:ic le 11 to be furnisned by t;he Contractor, The date of coinmencemeri~' of th~ -Work shall not be changed by the effettive date of such i.nsurance .. t:JiHe-s_s_ -"the __ -Sate _ef . __ e~~eHE~-e-rtt is _ estQ;B_l i ?_tu!SJ;y _a_ Retjee te .- pt'~_e-eea- __ ~iV_eA l!y th~---~rt-e-1', th~ 6~f1~raet~~ _s-hall --"·etl_fy _the- 9wneP_ ift 'N'PitiR§ A6t less" . t~~-A fi?E! -~ay::i er ethfif' __ a;~Fe!!_a __ ~e~iea .. ,~-e_f~_, __ e __ e~MtiAeiR§ the \o'e_fJ(.te · fl·e_P.fftit t~e .. ·~,tiRn!ly- fi iA fl§ ef .- meYt§a§es·, meehaAfE:' 5 __ _ l i efts. aAei ethef' sefz~:~pfty i Rtef'Etst.s ~

8;2.'3 and shall

The Contractor sliall proceed expedit,ious·ly .with adequate achieve Substantial Completion within the Contract Time.

8.3 DElAYS AND EXTENSIONS OF TIME

forces

8.3.1 If the Contractor is delayed at anytime in progress .of tlie Work by an act or neglect of the Owner ·or Architect/Engineer, or of an employee· of either, or of aseparate COI)tractor emplo)'ed by the Owner, or by changes ordered in the Work, __ or by labor disputes, fire, unusual d~lay in dE!liireries, unavoidable casualties or other ca11ses beyond the. Contractor's cbntr~rl;-or by delayaythorized-by the Ownerpend}ng resolution. of ClaiJllS

-- or. other matters· in question areitrati,e!l, or by other. causes whicll the Af£h i tect/Engi neer determi ile~ m11y justify de 1 ay, then the Contract Time shall.· be extended by Change Order for sul=h reasonable tiJIIe as the. Architect/Engineer may determine. -

8.3.2 . Claims relating to time shall be made in accordance with app 1 i cab 1 e pro vis :ioris ot Paragraph 4. 3

8.3:3 This" Paragraph 8.3 does not preclude recovery of damages for delay by either party under other pro vis i oris of the Contract Documents-'­except that. in i.nstances of delays due to adverse weather conditions and labor disputes, Claims for extended overhead costs w1ll not be allowed.

9.1 CONTRACT SUM

ARTICLE 9 PAYMENTS AND COMPL§IJON

9.L1 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.

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9.2 SCHEDULE OF VALUES

9.Ll Before the first Application for Payment, the Contractor sl)aJl submit to the Architect/Engineer a schedule of values allocated to various portions of the Work, prepared in the ~ form as provided in Section H of the Project Manual, and supported by such data to-substantiate 1.ts accuracy as the Architect/Engineer may require. This schedule, unless objected to by the. Architect/Engineer, shall be used as a basis for reviewing the Contractor' s App 1 i cat i ()ns for Payment.

9.3 APPLICATIONS FOR PAYMENT

as copies . requisitions . . reflecting .. l"e+ai~ge .· .• if Jll'evided feP else<ifflePe . Applications tot PaYl!lents shall be made monthly

~ill!!ill..!!!l ~=.:.; 30 daYs after tne nOIT ce to proceed.

9~--9.1~-1 s-&ch ~f'_pl i eatiefts may· i Rcl~:~de Pe€j~:~e5t5 fer ~ayme_Rt ·eR --~acceuRt ef -e~~§~-$ :5-tl t:~~e_/•_ftrr.l~. _._'t!_hi Eft h?cVe- ,b-~.etl. ~"-~-f),~'P:1Y- a~the,~--~-z,e_EI._. ~~·. Gf3AStt?-tJeti en. Cft~-~~·e_· ,ei·t.ee.t'i 'fes · b\:it _J\.e_~ }'_e~ i~~-1 tt~e-~- fR ·Gha_~ge .. era~rs. ~

9. 3, 1. 2 ~!;Ish ~~H.~t~ti!lll.~ .. ~~~~ Re,t,ine1t;t!ie n~llests fef' JHIYf!leBt ef ametmts tft:e ·caFr{:PtlE"tfl'i~ .:aees _ Ret .Hlt'eRef to_ PaY t'e -~-_·a .. ,~S~be6atfaeter_ e~ ,_.mate1"1 ~ sH~~lier lleeat~5e ef"a Msflt~te ef ethef Feasel'l. If securities ~ substitqted.)n lh~u of retainage as permH;ted .!!l Section 255.052, F.S., th(! ;seci!'tlfi es .• mu::;t ··~ .. free ()f a rr enclllllbrances,. and. the. Contl'actor must assign aD 11:$ J:1'ijiit.s t(). the .seciinties to. the Owner. enabling the owner to ~thQSe SeCUrltTes as J! WOUld retamage~ .. . ...

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 il) writing. Payment tor mat;erials and eqqipment stored .on or off the site

·shall be conditioned llpon compliance by the Contractor with procediJres / satisfactory to the Owner to establish the Owner's title to such materials (

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and equipment or otherwise protect the Owner's interest, and shall include 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 l~ter than the time of payment. The Contractor further warrants that upon submittal. of an Appl ;­cation for Payiuent all Work for which Certificates for'Payment have been previously issued and payments receiv.ed from the .Ql,ner shall, to the best of the Contra¢tot' s Jcno\iil:ildg!!,· information ·aliif beli~f. be f~e and !=lear of liens, claims, securitY:"Jntl!rests or· encllliJbrances in favor of the Contrac­tor, Subcontractors, material supplier~. 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

9A.1 ·.The An:hitecyEn~ineer will, within. ~eye"' _days after receipt of the Contractor's Apphcatlon . for 'Payment, e1ther 1ssue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as th.e Architect/Engineer determines is properlydti~, or ,n0tify the Contractor and Owner in writing of the Ar{:hitect/ErigiHeer's 'reasons for withholding certification in whole or in part as provided in Subp<!ragraph 9,5.1.

·~,,c, '?.

9.4.2 The issuance of. a Certificate. for Payment ...,ill. constitute a. representation by the Architect/Engineer to t6e Owrier, bas~d on the Architect/Engineer'~s observations at the slte ana the ''data co~rising the ApplH:ation for Payment, that the·· Work has progressed to· the point indicated and that, to the best of the Architect7Engiileer's knowledge, information and belief,. quality of the Work is in accordance with the Contract Documents. The ''foregoing representations a,re subject to an evaluation of the Work for conformance with the ·'contract· Documents· upon Subst<1ntial Completion, to results of subsequent tests and inspections, to minor de vi at ions· from the Contract Documents ·cori-ectab 1 e prior to comp.l e­tion and t() speciflc qualifications expressed by the' Architect/Engineer. The issuance of a Certificate for Payment will further constitute a repre­sentation that the Contractor is entitled to" payment iii the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Archi tect/Enginel!r lias (1) .made exhaustive or c.ontinuous on-:site cinspections to check' the quality or quantity of the Work, (2) reviewel:f constl'ilction means, methods,' techniques, .sequences or procedures, (3), reviewed copies of requisitions received from Subcontrac­tors and materia 1 s supp 1 i ers 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. previous 1 y paid on account of the Contract Sum.

9. 5 DECISIONS TO WITHHOLD CERTIFICATION

9. 5.1 The Architect/E~gineer may decide~.;oot to certify payment and may withhold a Certificate fo.r Payment in whole or in part, to the. extent reasonably necessary to protect the Owner, if ·in the Architect/Engineer's opinion the representations to the Owner required by Subparagraph 9. 4. 2 cannot be made. If the Architect/Engineer is unable to certify payment in

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the amount of. the Application, the Architect/Engineer will notify the Contractor and Owner as prqvided in Subparagraph 9.4.1. If the Contractor f and Architect/Engineer cannot agree on a revised amount, the Architect!':_ Engineer ¥ill promptly issue a Certificate for Payment for the amount for which the Architect/Engineer is .able to make ~uch representations to the Owner. The Architect/Engineer may also decide not to ce~:tify .payment or, beca![se of subsequently .discovered evidence or subsequent observations, ll!ay nullify th~! whole or a part of a Certificilte f,oro>Payment previously .issued, to such extent as llaY be nec~ssary in th!! Architect/Engineer's opinion to prot_ect the Owner _frQ~D loss bE!cause of_,_ but not.limited to:

.1 defective Work not remedied;

. 2 third party claims fi 1 ed or reasonable evidence indicating pro­bable filing of such claims;

. 3 failure of the Contrac.tor to make. payments properly to Sub­contractors or for labor, materials or equipll!ent;

.4 reas.onable evidence .that.the Work -cannot be completed for ·the . unpaid ba]anc::e of. the Contract sUn.;

. 5 . damage to the OWner or another contractor;

.6 reasomibJE!. evidence that the Work will not be completed within tit~. COptract Ti.1ae, and that the unpaid balance would not be ade~uate ·-~-cover actual or liquidated damages.for the anticipa-ted delay; or ·

. 7 persistent. failure to carry out the Work in accordance with the Contract .Documents.

9.5.2 When the above reasons for withholding certification are rem,oved, certlfication will be made for amounts previ9usly withheld.

9.6 PROGRESS PAYMENTS

9. 6.1 After .the Architect/Engineer has issued a mept., the Owner shall make payllle.nt in the manner

_provided in_ the ._Co[ltract Documents, and ~ Architect/Engineer: .:

Certificate ·for and within the may so · notHy

Pay-, time the

9 -~. 2 The C6ntractor sha l1 promptly pay each Subcontractor, upon receipt of payment from the ()wner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contracto.r on account of such Subcontractor's portion of the Work. Payments shall ~ made_ within seven_ working days of receipt of. payment from the Owner ~ -regu1red•!!x S'i!'Ct1on 287.0585, T.s. !he Contractor. shall, by appropri11te agreement with each Subcontractor, requ1re each Subcontractor to . make payments to Sub-subcontractors in similar manner.

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9.6.3 The Architect/Engineer will, on request, furnish to a Subcontrac­tor, if practicable, information regarding percentages of C()mpletion or amounts applied for by the Contractor and action taken thereon by tl)e Architect/Engineer and Owner on- account of portions of the Work done by such Subcontractor.

9.6.4 Neither the Owner nor Architect/Engineer shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law.

9.6,5 Payment to material suppliers shall b.~ tr~(lted in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4.

9.6.6 A Certificate for Payment, a progress payment, or partial o.r entire use or occupancy of the Project by the. Pwner shall not constitute acceptance of Work not in accordance "(ith the Contrac't Documents.

9.7 FAILURE OF PAYMENT

9;7,1 If th.e Architect/Engineer does not issue a· Certificate for Payment, through n<;~ fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Qwner does not•:pay the Contractor li!i thin seven. days after. the date e!i1:ab1 i shttd in the Contrast Documents the amount certified bY the Arthitect/Engll'leer or awarded by areibetie". liti.gation then the Contrac't()r !QaY, upon seven

~~i~~ika ~ntft;a;:~~t~~ "t~;+:o~~t t~ :":!Is 'h:~nA~~~~~i~E"1!ieetd~i:~!~~ · Time . shall be extended appropriately and the Contract Sum shall be. incrl!a~ed by the alilollnt of the. Contractor's reasona!)le tosts of shut--down; · delay and start-up, which- shall be accomplished as provided in Article 7 _

9.8 . SUBSTANTIAL COMPLETION

9.8.1 Substantial Completion is the stage in the progress of .the Work wheJu:the Work or desig'n(lted portion thereof is sufficiently• complete in accordance with the Contract Documents so the Owner can occupy or utilize the.Work for its intended use>

9.8:2 · ·When the Contractqr considers that the Work, or a portion thereof which .the Owner agr,e,es to ac;;cep£ separately, is substantially complete, the Coritr.actpr shaH prepa:J'e and submit to the Architect/Engineer a_comprehen­sive H.stof 'itein~ to:~' be ct!mpleted or corrected. ~The Contractor shall proceed promptly 'to complete arid ... correct items on the 1 ist. Failure to include ari hem on suc;h 1 ist. d(les not alter the 'r;esponsibilty of the Contractor to camp 1 ete (Ill l(ork in accordance with the Contrac:t Documents­Upon receipt of the Contractor's li~t, the Architect/Engineer' will make an inspection to determine whether the Work or designated, portion thereof is substantially complete. If the Architect/Engineer's inspection discloses any item, whether or not included on the Co.ntractor 1 s list, which is not in accordance with the requirements of the Cont'l!tt Documents, the Contractor shall, before issuanc~ of the Certificate of Substantial Completion, comjllete 6r correct such item upon notification·by the Architect/Engineer. The Contractor sha 11 then submit a request for another inspection by the Architect/Engineer to determine Substantial Completion. When the Work or

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designated portion thereof is substantially complete, the Architect/ Engineer will prepare a Certificate ofSubstantial Completion which shalT 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 Comp.Jetion. _The Cer~ifi,c:ate of S~stantial Completion shall be submitted to the Owner . and C:o!ltractor for tllei r ~ritten acceptance of res pons i bi 1 i­ties assigned to thein' ill such Certificate.

9.8;3 _.. !Jpon,_ Substantii'll C!)mplej:ion. of the Work or qe_signated portion thereof .and !Jj>oi13PP1iq_J:ion ·by the,.(:Qntractor and certification by .the Art:hitect/EnJJirieer, the Owner shall make payment, reflecting adjustment in retainage, lf ·any, for such Work or portion thereof as provided in the Conj:l'ac~ Documents. liquidated damages _to the dat~ of. Substantial Completum ,shall. __ be deducted, !!:£_Constr\1Ctl_on Change 01 rettl ve from the Coiitract''Silljt: and: from the Sub.stintial Completion payment. _ .

• , ~> ·-, -,,,?-"

. pa}'l!!ent.shall constitute. those pr~slY made.1n ·

as l.!llsett'i'eif at the time of the CO!IIf!letion, and excej?r"for the

9-K'S .. ~' 1TJJfifContr~dor. slla11 be responsible for collecting, identifyinq, i~!l~in9,i'f11'(;! c~ll;i;ttii!1 the fo11o'ii1nij materials from the Subco~tractors 1 and w11l ~:tJMer four cop1es of the f1111shed document to the Arch1tect/Eng111eer to ver1fy ¢pmpleteriess. The Architect/Engmeer WDl deliver three copies of the following to the Owner: -

-~ instruc:ti ons,

9.8.6 __ Subsequent _to/the_ tillle ofSubstantial ·c!II!IJ?letion.~ receipt of contra~;t record; sets: and operat1ons·aod maintenance books, but pr1r to~ date of f,in.al acceptaoce_, the CPntrac:tor and/ot"""{Ui)contra~;tor sha prov1de ! co~t:ent .• arid e~perienced per$.On fu perspos} thoroughly taiiiffiar with ~ Work.fot._! reasonable perio~:lof -·~ but. not less than 40 hours_ to 1nstruct the. Owner's personnel .:!.!! operat1on and ma1ntenance of eqUlpment and timtrol ... srstems. This instruction will include normal start-up, run, stop, and emergency operations, location and operation of a 11 centro 1 s,

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alarms and alarm systems,. etc The instruction will include tracing the

( system in the fie 1 d and !!.':! the diagrams in the i nstrtict ion book lets so that operating• personnel will be thoroughly familiar with both the system aod the data supplied.

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 port.don is designated ·by separate agreement with the Contractor, provided :suth occupancy or use is consented to by-- the insurer. __ as requir.ed · under ·•.Subparagraph· lL 3. 11 and authorized by public authorities having .jurisdicti'<i'fl over the Work._ Such partial -occupancy or use may:- commence•. whether or not the. porti'on is sub­s:tantially comp,lete, provided the Owner _and Contractor have accepted in writing the responsibilities assigned toc:each of them for payments·, retajnage it aiiy, security, maintenance,. heat, utiliti_es; daflliige•to the Work arid insurance, and have 49reed;In writing concerning the period for correction of the Work ·and ci:lfllmencement of warranties required by the Contract ·Oocuments. When the Contractor considers a .portion substanti'a.lly complete, the -·Contractor shall prepare and submit .a. list to the A#Mt.eqt/Enq~neer as P\9Vi!led under .Subpara~rapb 9.8.2. Consent of-'the Cpntractor to :.partj a 1 occupancy or use shall riot be unreasnnab:ly withheld. Tlie 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/Engineer.

9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contract,or and Architect/Engineer shall jointly ·inspect the area to be occupied or portiPn of the Work to be used in order-to determine and record t_he condition of the Work. •·

9.9.3. , Unl!!ss ptherwise agreed upon, partial occupancy or use of a pprtion or portions of 'the Work shall not constitute.,ac:ceptance of Work not complying with. the· requirel!u!nts of the Contract Documents: _,

9,10 FINAL COMPLETION AND fltiAL PAYMENT

9.10.1.. Upon receipt of written notice that the Work. is ready for final in~pe(:tion and act;l(!ptance ·and upon r!!ceip:t of a final Application for Payment, the Archi:tect/Engi neer wi 11 prpmpt]y mak!! such inspection and, when the Architect/Engineer finds the Work acceptable under !;he Contract Documents . and the Contract fully performed, the Architect/Engineer wi 11 prgmptly issue·'ii final Certificate fpr)?ayment stating th.at ·to: the best nf the Architet;t/Engineer',s. knowledge, il)fo~ation :and· belief,: and on. the basi.s of the Architect/Engineer's t;~bservatJons and inspections. the_ Work has been comp 1 eted in accordance with .terms and conj:litions oLthe Contract Documents and that the entire bala.nce found to be .-due the Contractor and noted in said final·· Certificate· is due and payable. The Architect£ Engi.neer's final Certificate_ for Piiyment __ will constitute a further represent.atiorl that conditions 1 i steq 1h Su1iparagraph '9, 10.2 as precedent to the Cl)ntrilctor's being entitled to. fi!lal payroel)t have been fulfilled. liquidated damages assessed subsequent· to Substantial cpmpletipn shall be deducted _Qy Construction Change Directiv.e from the Contract· Sum and from the final payment. ·

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AlA OOCVMENT A201_ COPYRIG):'T <!) 1987_ BY THE ~MERlCAN INSTJTU:rE Qp; ,ARCHITECTS. .ALL RIGHTS RESERVED~ AlA ~

9.10.2 . Neither final payment nor any remaining retained percentage shall beC:oJ11e due. until the Contractor submits to the Architect/Engineer (1) an l affidavit that payrolls, bills for materials, and equipment,· .and oth~r 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 payB~ent j s current·ly An eff~ct and· wi 11 not be cancelled or a 11 owed · to expire . unt i1 at 1 east<30 Ldays • j)ri or .vri tten riot i C::e has been given to the, .Owner, (3) •. a written•·state111ent· that· .the 'Contractor ·knows· of no substantial,.reason·· that the,.dnstirarice>willsnot'be••relfewable to cover the peri~ requj.red, by; the Corttract::Doqnnents, .· (4} consent of> surety< ff any,. to final payinent.and (Sh if recjuiredeby tfle .. OWner, other data establishing paYJ11eFit or ... satisfaction of obligat.ions, .osuch•. as·: receipts;- releases and Wi!iyers Of 1 i e!l5 •' I c]a ims, · ·Secur-ity .fnterestSj;• .l!Videjlcei that . the' re9uir~d ·. percentage; ofc·:the .Contract . S~· has •.been: expende'd •W1 tn• MBI!s· 1 dent1f1ed +n the apprro.ved ·p:l an, •· or . encumbr'a'nces • i ar1s ing out nofc the COntract ,• to tM extent,,,.and<: iJtH such fo.rm: •as may be designated ·•by the· Owner, . .Jf ·a Su!>.t.tlll:tractor refuses .•• ~ furnish: a release. or waiver·'requi.red by the Owner, thii contractor may furnish .a· bond satisfactory to the: INner to i ndemni'fy thf! •.·p..io.er agl!inst such ·~.··· ~l:atm; ..•... ,·:.If such +¥eft.· clailri•remi!oi!l§ uqsati sfiea aft.er',Pi3¥111ent$:ane made, :tbe''iontl"actor shall Teflltid~to the owner. all money. tha.'!li.tt.he IJWnet; may be. cojbpalll!d til pay in. distharlting such 'Heft claim,' inc'luding. 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 issuanc;e .. of Change. ·Orde'T's affecting fill~L comjHetion> and the ArctiUect/Engineer so confims, the OWner shall, upon applicationby the Contractor and certification by the Architect/EnJlineer, and without teminating the contract, m(!ke payment of the balance due for that port.ion of the Work fully comjJleted''and ac~:;epted. ·rt 'tiie remaining balance' for Work not fully completed or co-rrected is _less than retainage stipulated in the Contract Documents';, arid if bonds •have • been .. ·furnished, the. written consent of surety to payment of the balance due. for t~at portion of ·the Work· ·tully completed and accepted ·shall•be- subniltted by1'the Contractor to the Architect/Engineer prior to certification of such . payment. , Such payment shalL be made •uilder terms and conaiti oils govefntfig final payment, except :tha•t. it .. sha]l• not constitute·:· a waiver of claims~·· The making •of final·· pa.yment sha 11 ··con$Htute' aT\Otaiver of .. c1aillfs !>Y'' the OWner as provided in Subparagraph·4:.s.s, · ·· -

9.10.4 ,· · Acceptance of final payme\lt by the Contractor, a Subcontractor or material . supplier shall• const'>itii1;e a waiver of'<:laims bY t.flat payee except those previously made in,.writio!f'and i·dentifled· by that payee as unsettled at tl)e time of final AppHcatioii ''for Payment~ .. · Silc!l waivers shall be in addition to the waiver described··in Subparagraph 4i':3,5.

9.10c5 The Contractor's lWP~icationJ~r fina,teaYI]!ent shall be ac_companied ·El ~·completed. and notaNzl!d' 11Ci!rtlflcate ·of·· Contract Completlon1

· ~ prov:ided j,h Section !! Of the Pro)ect Kahual. Any 1tems required.~ the Contra!'t Ooc!Jiile.iits OQt previously St!Qmitted shallaccom)lariy.the appllCatlOn for. final p<!Ymerit~ · · · · · · · ·

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AlA DOCUMENT A201 C0fi'YiliGHT.(!> 19si aY 'il-t:E .;u,.ERrCAN IN.sTln:rrE OF AAC:tUHCTS..- ALt. ftiGKU fi£SEAVEO. AlAe

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ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY

10.1 . SAFETY PRECAUTIONS ANO PROGRAMS

10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract.

10.1.2 Unless asbestos abatement is speCifically included as part of the Work elsewhere in the Contract Documents, then i ri .fft the everit the Con-

. tractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered hanilless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect/Engineer in writing. The Work in the affeeted area shall not thereafter be resumed except· by written agreement of the Owner and Contractor if in fact the material is asoestos or poJYctl'- · lorinated biphenyl (PCB) and has not been rendered harmless. ThiL'Vork fri the affected area shall be resumed in the absence of asbestos 9r pt)lychlor­inated biphenyl (PCB), or 'flhen it has been rendered harmless, tiy "'ritten agreement of the OWner and Contractor, or in accordance with final deter mination by the Architect/Engineer on 'flhich arbitrt!tien legal recourse has not been demanded, or by at bHretion legal· recourse under·Artide'4. ·

10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). · ·c

19. 1. q To the fttll t:3 t extent perm; tted h:J -1 a·w, tht e.:ne-i Jhal1 ifid-entni· fY and hold hatmlt:33 the Contraeto1 :t Aleh;teet:t A•eh;teet'l .eonlt:tltant:! an~ age"t" a:r\d @jftP16)ei3 of· an, of thCtft' ft om- aru.~.Letga;iaJt e'-le:;m:s:t-. d8m89t3, .1o33t3·_=and eXpett:si·3, ;·tael.ttding _bt&_t- •aot. 1 ;m;ted_ to ··atto-frit:)3,_._,:·_ fie~_,_;· t%f_-,_-~.i~~ Ot:ft cf_OI lC3tlit.;ng·fiOIR pelfOJiflttitCC -t$f the wdt-k:_ ;n ·t:he 4ffieted~ atC!:-"'_ff';·)'jj fact- the ·matet ial ;3 a3bt3tl>!l 01 poljchlol-;nat:eef b;ptteayl-(PCB) ai1d b&l:r-:i-tOt be-en· ,-ende1ed hd:tm1Es3, J,t"oiided th-at -3uch claim, daiudg·e, -1031$'or --e:X:pc_il3-l: i:! at_tt.ib-ttta-ble ·to bodily i_RjtJPjt,_ _,siCkRess·~_-'di._s-_ease'-·B:P ~eattt:·_·_e:P te' . .'itljt:tl')' te el' Efestp~et-iefl ef taH§if:tle f)reperty-_ (ethet- t:haft _-the -',.~rk ftself) · i'fte1 tlt';f_i-rtg 1 ~55 ef t:Jse ·restJl ti H§ tR·e·refl"eiB, _-_ettt · enly te-- the ·-exte-Rt-- €aHs·e·a· -·i R whel e er i fl J'art By l'leg'l i ~ettt aets er- emfs·s-;e"s _ef the -9'1_tner', aft;Y'6Ae ~; '· tii_r·eetly er ineHreetly empleyed e;· the- e • .-~_er- -·er .--a~·eRe---fer· wfleSe aets tHe. 0\ .. Aer _may be liabl~. ·re~ar61ess ef--·nhetfle·r e,- net :s1:1eh elaifft, ef~a§e, les-s or-expen-se is ea~_s:ed in.pal"t Bj a party -iftdemnifieEI heFE!ttf't·Efer--. Sttd=• eeli~a:tiel'l 9ha:H f'l6t ee eef'lstrtled te ne~a:te, aerid~e. ef reatlee ether ri~hts er o"li~6tiel'\s ef iReiemnity ·whieh o4et:llei ethe,-.;fSe eXiSt as ie a

--party et ~ersol'\ Seserieea in this Subl'are:~raph 18.-1. 4.

10.2 SAFETY OF PERSONS AND PROPERTY

10. 2.1 The Contractor sha 11 take reasonab 1 e precautions for safety of, and shall provide reasonable protection to prevent damage, injury or -loss to:

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.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 i.n 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 prope,rty at tll~c site o_r adjacent thereto, such as trees, stlrups; lawns, l'!:~}Kii; Pil\'~!1!-s. roadways, structures and utilities, nqt desjg~;~~'teif fq·r te!Doval, relocation or replacement in 1:he course of construction.

10.-Z.2 . T!)e Contr~ct;9r sl)all;, gi.ve n!ltices and ,comply with applicable la..,.s, _ or~Un~nces, rules __ , . re.QI!,lctfi:tolj~ and la..,.tul orders of -Public aut6orities beari,llQ on safety .of pers.l_lns or property or their protection from d.am~ge .• injury or )oss. ·

10.2.-~' tne contractor>shai'l erec:t. an~ maintain, as required by existing conditl,ons 'and Performance of., tl:le tQntr:act, reasonable safeguards for sat-etY ,. an~t protection, includ,i ng post1ng da_nger signs and other wa.rni ngs against ha#a,tds, prom!Jlgaijng .gfety-regqlatiolls and notifying owners and, users of adjacent sites and utilities~ ·

10.-?.4. . . Wheo use 0r storage Q.f ~xplosives or other haJ:ardous 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 supervj,sion of pJ:OPer]y. qualtfzied p.ersonnel.

10. 2. S . • The Colltriactor ,shall P!"O!I1Jitly.. reme4y dama_ge and loss (other than dama,ge··~Ot; J(\ss. iilsiJt;ed JJ!!der .-,property ... _ ins1.1ra0ce required- .by tl)e --Contract DoCIJin~nts). to, prppej:ty. :r:eferred to in"Clauses _10. 2. 1. 2 and 10. 2.-1. 3 caused in .)o!j:lo}_e qr .·in- part by tile .C.ontrac:tqr, a. Subcontractor, a Sub-subcon­tractp_r., .•.. Qr anyone directly. or .1nd1r,ec;f;ly employed by .any of them, or by anyone for. -wh0se. ac:ts they q~ay;.be li~ble and for ..,.hich tile Contractor is respqnsible •t.~nder ·Clauses 1(k2•,l.-2- •a11.d- -·10,.2.1.3, ~xcept damage or loss, attribt,!~~Je5:.;-to acts. or omissions; -Of'.f;he Owner or Architect/Engineer or anyone directly or indirectly, ~loyed by either of 1;hem, or by anyone for whos~ ~ct:;• ,either of t!)em may be Uable, and not ~f;tr1b1Jtable to the fa lilt or negl i.g~n!=~· Qf f;h_e Contractor. "ICI)e fqregoing. oq l ig\iti ()OS of thec.Contrac._ tor are i!l add·itioil to 'the Contractor}$ obligations under- Paragraph 3.18.

:

10.2.6 ,The• Contractor shall designate a responsible memb.er of the Contractor's organization at the site ~ose duty shall be toe prevention of accidents. This person shall be- the Contractor's superintendent unless otherwise designated by the Contractor in writing to the· Owner and Arch i tect/Enqi neer.

10._2.7 The Contractor shall not load or pel'!r.it any part of the construc-tion or site to be loaded so as to endanger its safety.

10.3 EMERGENCIES

10. 3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contrac;tor's discretion, to prevent threatened

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AfA DOCUMENT A201 COP'Y .. IGHT «) 1987 8Y THI': ...... EAI~N INSTTTl..r'T"I;" i"lltt .A.ACNI~t"::'T"!''t_ At • ••.t!:..,Te:" •ccr::o::a~,.,,... ..... -

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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 Paragraph-4.3 and Article 7.

11.1

ARTICLE 11

INSURANCE AND BONDS

CONTRACTOR'S LIABILITY INSURANCE ·•

11.1.J The Contractp.r shall -jltlrchase from- and maintain· in a company or, companies lawfully authorized to do ,business iri tJ\e j~<Pisaietien iR ··•ilieil the PPejeet h 1 eeateel Florida s,uch insurance as ~ill protect the Co.n.trac­tor ·from claims set forth below. which may arise out of cir' result fr()IR the. Contractor's operations under the Contract and for which -the 'Contractor may

1 i _ such _operations i;l_e by the Contractor or bY a · $U[)C()ntlrac:t.or ;onvo1no> directly 'or emPloyed ily of .

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acts. any of be lia.b le~ .

. 1 claims under wo~kers' or worlcmen's compensation, disa!Jili1;y benefit and other similar employee benefit acts whidl are appli­cal:il e to the ~ark to be performed.,;

.2 claims for damages because· of bodily lnJury, occupational sickness or disease, or death .of the Cqntractor's employees;

.3 clai.m_s for ._daJ!iages bec:ause of bodily injuicy, sickness or disease, or death of any per_son ot)l_er. than the Contractor's employees;

.4 claims, for·diunages _ insured by usual personal injury ,liability c.ovel;',age induding claims which are su~ta5ned (1) by a person as a· result of. an offense· directly or indirectly rel_ated to employment of such person by the Contractor, or {2) by another person;

.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 lnJury, death of _a person or property damage arising out of ownership, maintenance or us_e of a motor vehicle; and

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.7 claims involving contrqctual liability insurance applicable to the Contractor's obligations under Paragraph 3.18.

11. 1. 2 The insurance required by Subparagraph 11.1.1 sha 11 be written for not less than limits of $250,000 per person, $500,000 ~ occurrence or a minimum of $500,000 combined single limit. liaeiHt)' spee1f1ea 111 tile

Ce"ttraet 9eei:Hft!!"t5 er reqt1l r·eer !!)' le:w, Whref'ie: .. er ee\ era§e is §reate,-. Coverages, whether written on an occurrence or cl qims-JII.a.Qeb~si ~, sha 11 be maintained without interruption from date of c~ncemerrt of thiHlorlc until date. of final payment and termi of to be

~~~~-~in~al~ft:~f~~El~t5-~~~~-~l~·-.~~~ii~~~~~~~~~~~~ Contractor's o~Hgati expos.tii"ec

...

11:1.3 ce.rti.fi.cates of Insurance acceptable to theOwriershall befiled with the OWner prior to commencement of the Werle.·· These 'Certificates and the·· insurapce policies required by this .P~ra.graph :J,l.l shan contain a provisi&il that coverages afforded under the policies will ,riot be cancelled or allo'Wed' to expire until at least 3.0 days' prior ,'liritten notice has been given to the Owner. If any of the for'egoingTinstitlmce coverage~;. are required.· .. to· remain ·in force after . f-inal_._ pa~nt. a11adan naseHael:t a'ratla_Bl~, an. additional 'certificate ' evidencing colltinua~ion of such coverage shall be submitted with the final' Application' for Payment as required .. ··. by Subparagraph . 9.10. 2. IHfel"l!lati e11 eefteel"r~iA!:t ree~:~eti BA ef eev¢~-~-§~·- __ $ha~ l __ a·e- fttr;Hi !fl€:_a_ By·_ t~-~-- _Ge;fl~_l'_aete_~_ ~_,K~fttf_ · rr'e:~·s8'tt,~_efe'_· _'l',feffiptness i R aeee'f''!!ailee 1ti til· th.e EeAtnetel' 'i> ·i ArerlliatitiA aAe li'eli if. . . "The Contractor shall furnish one copy each. of Certificates of. Insurance for each copy of the ,A9re~ent Winch shall spe'cific)llly set .forth .ehdebce of all 1nsurance covera!fe requi rea· !?Y ·· the Coiiti'ac't Documents .• ··•· The Cer'tlhcl!te of Insurance shall'be dated and showthe name ofthe 1nsured Contractor, the spec1f1c JOr!?Y ~ and JO~ number, tf\'e ~ of ~ l,nsurer; tMnumber of the po 1cy, 1ts effectlVe date, and 1ts term1nat1on date .. · The Contractor shall furmsh ! ~ of the insurance policy .to ~ Owner Wf'th1n 60 days fo llow1ng execution of the Agreement. ·

11.2 OWNER'S LIABILITY INSURANCE

11.2.1 The t:)w·,e,;. sh'i!ll &_e __ 1-_e_s~_e·fl_siBle f_ap ::tu·~_ehi!sjflg-··_-an~_tlaiR~air!ifl~ the Q~·ne~ • s t:lst:lal 1 i aBl i ity i"ft~H:rraAee.. 9pti&fta)_1y, . ~~¢ __ :~·~er. m~· p~:~f'eAase aRel mai Rtai ft ether i FIS~r"af\ee fer self J9reteeti e" ·a§ai ASt' ·elaitfts ·,ifli efl may

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A. lA OOClif.t'Ef'ii-r A201 COPYJUGHT (!) i9S7 BY THE AMERicAN INSTrrtsi£ 0~ ARCHITE~ ALL Jii.IGHTS RESERVED. AlA 8

af'i se ff'efft eJ3erati eRs liREieP the GeAtPae_t. Tfle Ge,~i;f!_&c;tef' skall_ Ret Be respeRsie1efep flt!Feilasin§ aRe 111aintainiA§ 1;~i~.eptielli!l QltAer'.s 1iallility i Rs.araHee ~fil ess speei fi ea,J lj· reftl:l_i .,e·a. by tRe ~~R.t;FaQt ~_e(:umeHts.

11.3 PROPERTY INSURANCE

11.3.1 1:1111ess etfle;Nise l'FB\'iaea, the \f.;nel' TlJe Contrac.tor .. slJa11 purclJase and maintain, in a company (lr comp~riieslal(f1,1lly au!;hprued :l;q do buSine.ss in the jbl_~iS~i--e~ieA._-ift WA:_i~_h __ tki _P:r·ejee_t_.--._.1~_: l~;_eatfi:tf ._-.EloTida_:,_ property insurance~ written on! Buil'd~r's .Risk,c91j!RJeteq .valife. rcrrm,.1n the. amount of the 1nitiai Co(lttact S.91Jt a~ w.e:lLCI~ sl:!!J~gqiJe:!~t·modifjcations thereto for the .. entjre )iloflc' 'at 'Jhi! si:t;fofi,.aJ:'I!Pl~c~~~o!; .. cost .. .Jg.~is. ·,.·i tlle1:1t ·1el t~ritar r eee~i&Htil es; Suet( ll.r~p'er1¥'. i ~s!!!?ilfice. .s.!faJJ. b~ .•• ~ai.il- . · tained, unless otherwise jl.rovided Hi the Contract Documents or otheNise ?greed in wri.1~ ng. by,a p J!~rsons .<ill~.,c~nt,ities ~ll(),.~S·~:;9~e:Ji SJ<ifiJrs. oC ?USitL 1 ns u ranc e , unt1l · .. f 1 na 1 paynte.nt has bf!.en .ll!il!i.!l .il~~.PrP)I.JQe!i. J n . .Pa J;<!gt.i!P!L~.AO. · or until no person or en'tft}iother tha,ll :tlic(Q\.;nc!f~ti~~~ii''in$ura61~ lf)~.er.e$t in the property required pY tllis P,ai'agraph tJ..3''~().6~~ove:re9, ·~hJC:hE!ver.is.·. earlier. •Tfiis .insurance shallil'l~;:luiie iii~erests ofJhe {)Wner, th~ Contrac­tor, Subcontractors arid Sub.:sullcoritra'ctor{in ~h,~;.¥grt ······ · · "" · · ·

11 ~ 3 .1. 2 If ·the · ev.•n~~>et·e"es::~·o'~-~~~'':·'f·~:~;~--~~, -t~_-· --~--~-r--~ft~i~~:-_.-:$ ~~~~-:~;f.~:PAtJy:_· ~t~~ -~ ~~~R--~.:e-,:_ ·· ~eEtt~i J"etl by the £eflti'J!et. a~e ~~"ttfi ;a:n ef t~~:.e~'<~J~e~ }.~ 't.~.e, fl!ll~!>lflti · .. · . •... .· SeseFibet! .r aee·.,·e _ the -"'fh:Rer '15_ftaif'l-":s"Efr.cfrifci"fftl·· tae-~ C6ftt.,aetB·r- ·.tfl :\'ir.i.tlt=t§ -~r-ie_r_

- • _ _- - -.' -- _- "- ' ·, - ' , -· .-_- -.,. ---' ---- : .-:·_-< ' .: '.•:'· '· .. ~-- --~·-:- ._,.:;.::_ :--.~-- ._,._ ._:.-~'-''~ ,- :_,, ____ ; "·'·""' --~:.·_.-'· , .• ., ... ~ ":- ,_ ;._y,-- --~---- '_\'-":';." _. '"'''- - : ... ' .. _,._ ·.-- ' ,-,

t:e-- ·e~ftllle,-neemeflt __ e f ·_ t~~::~\_M:r.:~~' ·_·-_-!~~<· -q:a_-~t~~--~~~~t:Jt~)\. _?~~~-;oi-~ff:~-~-t{'i:A_§.~_r,~n 9:.~- . wh1 eh ·a·i 1_1 J:!-reteet the.-- -;·nte-y·:est:S' -~Sf· the'--C8·fltP_atte" ~ '~~~-t::ett~:f¥:t6)~_s· _":,~f1d.:-;_. SuB St18eent'faete1'S in the '•lerlt, _at'la By" tif3j:)f-8fS¥iate_ ckilfi'§ef';e-;;!~e-'P"''ii\'e. e·e'St ther_es_f_ s h_t;ll . ee_ eR~fgeel _te ___ the ___ e· .. ·Ftef2:·· J.f · =t;f;le, __ .Ce:~:trae_tef'_.-,:_-i._s __ _.:,aama_g~:e: ~-Y _tfl_e fa:.i._l~re _:_a,._ Ae.§)eCt ~(". th_~-: O·i<~~-F :t~:-·-p~-,.e __ ~~~~--:·:,er ___ :~_~f~-~:~1~-~-,_i·_~:~ttr~A_c __ e __ a?·~-· _ · tiese_riBea __ -_aa __ e·ve, -_·.tithett.t -~_Q . fl8,ttfY._i_-~Jf t,_h.!_/p-e·A;1:);a¢:tflt:,"_.~-'P.l\eA: }•·.-~i __ . -~·A~r _Sii~.l T _, ee·a_r- -al_l- · rea-s6-AaBle_ e_est;s_~--:~·~;~~p:e?liJ:f.:_'_.~:t~.~).~.et~~~,--~-,- _tft~:rt¥~~- .. , __ -'/, ___ :-~,::_~~Y. ~ - -spe~; al insurance requi~ements will 'be atldressed inth'e·S.p.¢cia1 .. ·Coi'Jdi.t1.6ns. . ..

i.J', ; ' ... ' - .-.

U. 3. L 3 If the property i nslirallte ~e~tlif,eS Hilni!it!lli<prQYi~es dequct. ib les . aHa s1:1ch ·ae5bletiBles'·afe iH6e0fltiftee iR-'tA·~·ceRtradt··ga'E'HfflEf"RtS, ·. the Contractor shall pay costs notcovered.b~cause .. 9f .. ~uc:;haeqqcS}~.l~~- ... ·. If tll.e o·"·AeF er --fRstn•er iHe_r~i:!:se:s:·_ .. the_ 'r-et:(tii~e,_er-_ftti~iftif:H!t- ·-·a_~~fi~Et;-~--1_-~s-' _4]:)_~·-ie __ .tRe CHB8tiHtS se i Eie.Ati fi ea- 'ar· '-:i t'--·thEt ;9vi~er':· ·~1 eets'_'-~e _j~t:iPE~;ase:;,;~)\ts· __ : ftiStiPaR_~~ wH:h vel ~Atal')' sei!t~etiek aftiBtlflt~, the Gwlle¥- shiill be m~eA'siele fe., payeent ef· the aat:t_i ti e~al ··-e_~st:~·-. -:Re-t- ee·l·e·l-efl:~- ~~1-~~_se·- __ e·_t: _s_:H-~·:-1-HEf·e_a.Se~:~.~-:P. \'e 1 t~ntary eeat~etiel es; . H 6e6t1¢tllil'i!S are il~t i tleAtifie'a i 11 tile GefltPact Oeef:lments, th_e 9\tAel* Shall·pey~·--e·estS"fle"t ee .. ·ere"a r,eeaHSe ·a_r Setiblctiele~ ..

E Page 69 of 106 Pages E October 16, 1989

AJ.A. DOCUMENT A201 COI"YfUGHT@ 1987 BY THE ••••U!RiCAN INSTlTtJTf OF AftCHfTECTS. ALL RIGHTS lllESERVED. AlA ®

lL 3.1. 4 URle:ss stllen<,se pre·tide6 i~.tlle GeRtraet Beet~ll!eRts,. this )3f'e}3ert}· i fts·~:~r_aR~_e ___ sftci1_1, _-t;:e:·~·e_Y __ -~Qrrti_=a_fts _ ef -~i\e ·\''~I"}(_ ~~~Fe·~- eff__ the site aftef '1/l'l tteR ltfjpl'6Va1 ef theH9-~Aef at the 'tal tte &Stal!li Shea i R the appPe\·al, · aR8 alse }3ef"tiaAs ef the ~.tef'k: .in Vraftsit~

11~·3 ~ 3_ ·· te5f~,ef.Y~-:e~l~,$'t;~~Qft~e~;-:: '_ :·jh~-~'_9;~;'~·¢',._1;; at tMe {)..·ftel'' s etJti eR, may -:-:··:.,_ --- ·:·· .. ,c;,·<'·.,._,-_r __ .,, .• --.. ·.-__ -,'~,,-,_.-,.,s_-"'>·-• ... ___ ,., "'"'',-,, •. -.·-,.;;· .. :·.: ·-•·'-'':- ·,~ ~)", ' • ~

f:ltf~ea·a_!:l;e.· a=s;_t~-·-~_a:_ff\t.al i=f"_~,ii-~::~1 __ fls,~~~~aA·ee .. · '·as-.,~ wf-r_1_: :j_Rsttre t~e __ e·,,R_er et§al Ptst 1 ass a f-<~-5~--~:··et(- f~~:~_:_ew~·~r ·-s':-~ ,;-r~:P-~.r~t .. _~,-~e:~:·~:~_-:~f~,-~:e .. :~~-r' __ :~.t~-~~~-"·~~-~~-~s ,- h~· • .:e~,efl __ ca_~_:S_e:~~~: ._T:h~"}~··'"~f.~-~~i-~i_t;~-': ~1·'t. -'J't~h_t;s:··:e{i·;~:~tl,~R =:~9~~:rs+:_ .t~e-, CeA~~~ctef fef l e:ss_ ··at: ttse: -,_:-e.f tlni· ·ewfl_e~~~ -'~; .. ·P.-::~:~ett!{,r-_j{ft€l):til,i.n~-- _e_e . .,~~-Et~·~n_ti al_l es_s~-~-: 8t:Je te fiFe- er.- ethe?_ hazarEis ·t=r'S:ie:\_e:'fr:'E:att_se-e_~- · '" ~ -~ ·· · · ·· ·

n~;·a:.:-s:'L::_. -:~ .. _':Xf:·:-'_aa.ii-~- -~~"e::·;t>,..ej·e_et ___ i.~R~~tr_~gti~-ft._.--P~:r.i:~a-':- th_e ___ Qw6¢P 1-fist:t,e:s., _ _ f)r~·er~)_:¢~,;~·:· ::_r·~~~:l_:: ~~:~ ~~~:~~--~~ija.r· __ ~~,.:_J,~t:h __ ~-:-.-J~_~j~j-~]-ng, =_Sf:_·, ~-tJ.a~_~At 'Je .th_~-- s.i_ t~_. ~B;¥ fr~e_l':_e·~ty: .lj\.5i:il-1i_A.~k(:~fte_fd·-\·~:&1·i_ei es '·sepa,:eit.e- f¥em · the~~.t----,:j,~s}Jr:jA§ .tl=ie Pr8'j.ee __ t, e~r _i-_f·_4f.te:r_:.,fi_ft~·-1 __ ._~-P:~rM~~t -__ preper~Y ;_iflst:traHee is te e·e _ppe,·fSeef 6A the ee~ .. l~~~~r!: . -P:/S:~:~~~,.:1~::,:~~~!:--~;~-~~:-_ ~-'; ~~~,;t~~,·-:·;~~r-~ J~_g)}- ~.-1-~-:'"'~-AA~:~\_,_i;_~~ii~ .. th_@:~-7- i_HSI:f r_i H§ t~-~- -~ re~ el~-~:--,-;~-~r:J-~~:-'.;:~.~~ . ~EE:'ttr~!r~-~~--~~~~::'.-~-~J~:~ ;, __ ,_f}',e -':' ~;~"''~:-· .t?_~alJ .'. va-l_~e. '--~~ 1, -._ . f'l §htS .)R i ae;g~.f'~l!:f\~g:.·,"(,•ffj:~JS~·.· i;~J'!ft.~:.,~fc,£.~.!l.il:l'~f;!;jl.Jl.Jl. 3 .. 7 .. Je f . Ha!fta§,e~ ./ , eat~s eEl I!Yl'iirf; .i(f·:~~~~~ .. ~~.~11§ .. ee'\'~'i'e,if.~at tllf? :.seil.art~te, ll~elle!'ty i.HSl:ll"aRee. A_l1 , s ~l:t--~-~:tt_e~,;-~~~~J1,~t¢'~-· ---~~IJ.~1T-;::P,~-~~!:i -~~f,)~bJs,-_)ipj.·o!;:r_,_ ;_~J-<s_t:d~_rf>:~at_i e_PI_ :bY b,_.o.

eASe'f"se!ieftt:-_e·P" .. ethirt.·i'S·e:.-... ·_ __"_ .. -- . : __ - - _.· ,- ·- -, '--'>-.. ,., -' ·.-· -.- ' -,c-"' ·-- __;- ._, . , -·--~--'•'• ·:' -. ,- .

. ll.T3 11:'3:'6 Be, fore a!l e,.~~(!sure Jp.loss .lllay oq:u~:;, tl)e ~ .. · Contl'actor :hal J.cfi 1 e. *.it.h .• ~~~ :.tfo~Ef.~!;l,~r; .O~n¢5 .. a .. ~cipy.)lf e,iich. !JOl icy that;, 1nd mles 1 nsuri'ioce, · cove,rf!:9Eli reql!{~l! . . ~¥ • . t.~Js P<!;r~Q~;aJ:>IJ 11. 3, Each ,.pol p::y . shal) contain' ·all genf!~ally apfllic:aP,le cooifitio.il§., 9J!f.initions, exc:lusions ancf endorsements. rel~ted to thls Project·; 'Each pol icy shall cont'iiiil a" provi­sion that the p9li!7=}' will n!lt be; cancelled or allowe9 to expire. untiJ at least 30 days' Pl-i<!f; w~,:itteit l'l.oti~~ has beim g~ven to t.1;1e CeRtl'aetal' Owner.

1~~--3·~7 . _: ..:-'•}!JY~:·~~::- --~~;,--~~;~~,~~~~i ~;~· _ : __ ,.-_ !h-~~--:·~·~:r.:~,~F!d:,Ge~t!-~.e~~r_, \4a_i!'~e _all~ _Pt_~t~hts Ci:~-U~~,~-· ;(];_)__,.._~8;§!~.,-~~h~\: --~el_ artY-- ~.f: __ th,eJ-r,_ .~r::~Be_eAt~actaf's ,_ ._.s-ttl3· stteEeRtnet;~.~s;<;a.§el\t;; .. anS. ~16:yee.s, eaell •. e.f tte ether, aAE1(2) the A~ellit~e~_s·:-~A,r.,~:~,i~e~~;·.---~-:.~.-~-~-~~--~1~-~·rt.~ __ -, -.s:~~?lrate:., ee.flt_racter_s. E!es.eFi_~eel i.fl Ar-ti el ~ .... _:-~-~::_-_"i_.f __ ·_a'ft;· __ ,_:_--:_aful;. dflY ___ ef _·_-t:_ft_e.i f __ stth_e_efttr.ae.ters, sf:lb. sHI:leeFrt.raetars, ag_eftts·-- a.:~~-::··~~f}:_l~Y:¢~:~--·~- -_-~f,~:~- ... i4~~-g£~ :J;a·tt.~~d _ ~Y ... fife -~r. ~ther peri ·1 s te_ -tfte exteRt eevereEl l!y fll'6!lel'tj iRSI:Il'afiEe elitaiRee f'l:ll'SttaAt te this Para§PaflA 11.3 e!' ether fll'Bjlel'ty i RSI:Il'anee <lfljl1i eall1 e te tile '•lal"k, eltEefjt st~eh ri §ilts

E Page 70 of 106 Pages October 16, 1989

E

AlA DOCUMENT A.201 COPYfUGHT ~ 19!17 SY THE AMEI~UCAN IN:STITUTE OF ARCHITECTS. ALL fUGHTS A~EftVEO. AlA $

('

(

~ :-

as the)' have te ~reeeetls ef sueh iRsu~aflee heltl ey the O···Rer ,'!5 fiEitjeiary. The o~ner or Cent! eetor' as d!J!JfO!Jriate, sllafl refjui I e ef tile AI ehiteet, Arehiteet's eensultants, se~Jarate eentiaeters EleserieeEI ifl Artiele 6, if any, aRB the sl:lBeei"Jtra_eters, st:Jb-.st::JbeeRtraetef'S~ a§ef\ts -aRd_.e_~le;ee_s_ ef, aftj' ef them_, e~ appropriate a§reements, ·wri.tie~-Mhere_le§CJ:.l)y_,f"e~_ttif'~,a.:lel" valiclit;·, similar naiwer3 eaeh i_H faYer _ef_ethef _p_arti_es etH:f~l"-~.t~eJ J~t:::feifl. The f30l i ei e3 'hall ~ra'ii ele st~eh ·wai~-el's Of St4_B,re~ati en By e_fltl_e,-rS-~_eQ:t~-~--~r othendse. A waiver ef !1:1eregatie" shall ee- effeeti\·e a·s te"a ~ePs6fi' et'"-

·- entity ~sl!!n the~:~gh that persert er enti_t,) .. ettlef ethel"Wise Ra,·e a· S1:tty ef i ndemni fi eati en, eel!trae:tt:h!-1 er 6~the:N,5_.~(_-,·_-. -__ EiiJ:( :~f'.-t, ~ay the ·i ASHP.aftee ,Pemif:fl!l ~;iil*eetl;· ew- il"t6il"'eet1)·, afid whett\f!p -e;.· Ret the· f'el"sen eP .eAtity RaE! aR i R5tlraB1 e: i Rterest in the J3l"'el9erty Sama§eS .. -,

11.3.411.3.8 A loss insured .under 9•.tRer:s property jnsurance,spaJl be adjusted by the Owner as fiduciary and ,!Jl<li:l~. payable l:,q; tb,e (l~n§i; as fldUI::iary for the insureds, as t~eir interests ~<lY napP:eliJL~tlliJ~~J; se 1 er:ttn remeRts ef aft} a1919l i ea51 e· .m_ertga§ee ... e.l_~ti~ __ e _aft_~, er. $_tt~l'~ra~~~~-.fl )) ... 1._19. The Contractor shall pay Subcontractors t~gi r just shafgs·<of ins!Jrance proceeds received by. the Contractor, and by appropriate agreements; .,~ri.tten where legally required for validity, shall require Subcontractors' to make payments to their Sub-subcontractors in similar '!laon~r.

11.3.5 H.3.9 If re!JuireEI ir~ '"'riting ey ~ !laJ"tY,in.i(!t~;rest; .t~,e The·~(jwner as fiduciary shall, upon occurrence cif an insured los,s,, iltie}.l~fttlfer ~-r_ef)er ('erfeJRmaRee ef tfle, _g',t"er •_.s~ d~:~ti_es.:- ---~e_· e_~s£:.,~_(_---r~~:~~:~_i.f~e(r,,~j~-~:5 -~$J\.a1.1 be eha_,.~ee a~ail'tst J3reeeeds Pee-ei,leei as ___ fifltt_Ed a-6'; .:.::Jh~-~-$~·,er ___ -,~~-~~'J,l, _.3~~P:osit in a separate account proceeds so received,. which the 'Owner sh~ll,"~js:f;fibute in accordance with such agreement as the paft].~s ill,' ilJtl!,re,st. Jji~Y~'f;.~~c;:.l'i .• or in accordance with an a.t-Bit,-atiefl award _in ".x'..Ji;it:t\ .e~.e,·,.,tn,:e.::_iife..t::~_il~_re,_~Sji.~IJ ·ae as provided in Paragraph 4.5. If after such 'loss ·no other spedal agreement is made, replacement of damaged property shaJl be l=OVer,~!l .by appropl'iate Change Order. · · · · · · · ·

11. 3 .. 10 The 9•wfle~ as fit!uei afy shall ha•. e .!le'•tel" te cii:Jjust; a~a ~~Ul;t;.;·: a 1 os s -.,. i th i fls ttrers _t:lflless __ ene _ .. ef tA~: pa~:ti:_~s _-_iFt~- .{~Jf!f'e·s_:tL.~~'~:~tt:}~j~-~-~ _:'j n ·tt·ri t.i ng ui tRi n fi i_~ _ ~ciys. aftel" e:ee~t ~ tRe_.e,_~·-ef.:_l.~~~~-.::·t6.,:.-lhe_ ,;~-ri-~-~--~'~::"_~~~*~~:%J~-~e ef this J36\cer, if si:Ieh ebje(tietl Be=~a:E!:,?ar:b_it~~e_r~---~-"~_alJ._B4~'~J:(e·s·ef.l)~;~ JU'e_,iaee in Pal"a§raJ!h q.s .. The. OwRef ._a_s '~i#tied,~-~.)--?h~:ll~-_-ift: -P_.~·al~~:~-~$¢~~, · make settlement .. dth iRsl:f:r.ers iR :aee~_,.-eane!.';·_.d_tPi'..4'tt:e~e~_i6Rs_ --~J -~-~fli-_ · ~ · a1 Bi traters. If 6i stri e .. tJti en ef i RStJr_an~e=~·,_~-'~-~_e_~_ed~~)~Y- .a-~Si_tja.a_ti_eJ:l'-. i.~ l"ef!Ul r etl, the at bitt ate ~5 o'il] Eli reet sue!'), ~i;str te~'\;.iofl. -

11.3.11 'Partial occupancy or use in accgrdai)C!! with Paragraph, . .9. 9, ~hall not commence unti 1 the insurance company or. COIJ!p'anies provjdjl)~, Prgi>erty insurance have consented to such partial occ~,~pani:y or u,se' f.>y j!l)liorsem~nt or otherwise. The Owner and the ContraCtor shall take r~asonable steps to obtain .consent of th!! insurance compimy or,coiJIPal)ies aild shall, \4}\hout mutual written consent, take no action with respect to partial ()ccup~ri<:y or use that would cause cance 11 ati on, 1 aps_e.;:Er reduction of insurance.

11.4 PERFORMANCE BOND AND PAYMENT BOND

11.4.1 The Owt'ler shall ha•te the ri§ht te ref!ilin tThe Contractor t:e shall furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulate!! in bidding require-

F Page 71 of 106 Pages October 16, 1989

F

AlA DOCUMENT A201 COf"YRIGHT {g 1987 BY THE AMERICAN INST!TU'T[-OF ARCHITEC1'S.. ALL RI~HTS RESERVE~ .. AlA 8

ments or specifically required in the Contract Doctinients on the date of execution of the Contract.

11. 4. 2 Upon the request of any person or entity appearing to be a potential benefi tiary of bonds covering payment of ob ligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made: '

' 12.1

ARTICLE '12 .. ·UNCOVERING tiRo CORRECTION OF WORK

-- < : '

UNCOVERING OF WORK

12. 1.1 . . . lf a portion . of ·. the Wortr. is covered .contrary .. to ·. the Architect/Engineer's request or to_< requir~ments s'pi!cifically expressed in the Cqntract l)()cuments, it must,· . if required in writi~g l)y . the Architect/Engineer, be uncovered· for the .Ar'chitect/Erigi'neer's obser~<J.tion and be replaced at the Contractor's expense wfthout change in the Contract Time; · · · · · · · · ·· ,. · · · •. , .. · · •· · · · ·' ·

12.1.2 If a portion of the· Work . has beeri covered ·whidl the

Aberc1 .. ~. gi _ _··_ .. ·_.· ... hA_ ash?tot_ •. ct,s/pEe~_!f ___ i~.a __ .l)Y_ .. _·. re_ .• _._ 9tl_·e_._ ~1_e __ ~_-tt_~._-· .. ob __ se __ r_ ... __ v. ____ e_._._-."'_ .. "~_-_·wr_ ..... 1.:_l')_rk t ___ o_._di ~ts; . ..··. ... . , .·. rc 1 e · ng1neer .IIIClY reqtles~ .o .see. sue,. · ()r . an . 1

' I~ ,.

shall·· be. uncove~ed by. the Cont~actor. lf such work' .1s Hf accordance w1 th the Contract Documents, costs . of uncove.J"'fr:ig .. ane!· reJ)la'Ce)jjen't( sl\"afl, by appropriate Chang'i' 'Order, be charged to'th~ f!WnE!r .· Ifsu£1i ·work' 1's·not in accori:lance with. tl)e Contract Documents, the Contractor shaJl 'J>~Y: such' costs unless the conditton was .9ausea by the wne,t: or ~ separat'li·i:ontractor in 1. which event the' OWrier shall be responsible for :]Jayment Of such costs.

12,2 CORRECTION OF WORK

12. 2.1 ·. The Co11tractor sh<tll promptly correct Work rejected by the Architect/Engineer·. or failing. to conform to the requir~mer\tsOlthe' Con­tract Oocum{!nts, )'lhether observed bef<irl!· or after Substantial toli(pletion and wheth~r or .·not- t;;~bri <;ated_, insfa1lejl :Qr,~ c§inplet.ea'. Tile Cfi~'t[actor shall bear costs. qf C:orrectin!i such r'ejetted)iorl(, inclu(jirig ~d(lj'f1onal testing a.nd i nspectt~ns and. ·. ¢ojjjj:)~~satioiJ ... foJ-.lft~ . Afcn'j'lE!d/Engilfeer Is services .aM. expepses. lll~d~. n~p~~ii~arf tll~feby ... · The ,Cohtrat1::0f':'shall commence torrecti ori ·. o.=r tile work witllin seven i:!ats:atter"'ttte:ctate ot written notice from the Ar.th1tect7Engineer. ~ · ·. ··· · · · · -------,. · ···

12. 2. 2 If,. wi'f.hin. one )'ear aH.e,r. :til~ cl~:te (lf S'ub~t<tn'tfal. I::OlllPle~i.on of the Work or i:lesignatecl. portion thereof •. ()r jlftet .. :tiJe date.fot ¢Pil!JI1elitement of warranties estab 1 ished (lnder S1Jbpar;:tgT'aifh 9. 9.1, ()r by teriil~ . pf an applicable special warranty requjred .bY !;he.;Con;t.ract, Dtl<:UJ!!E!flt$, ilOY of the Work is foundto be not in accordance ~ithJile reqtlir(!menti; of the Coi)tract Documents, the Contractor. shall correct it pro111pt]y after r{!tE!fPt of written notice from the Owner· to do so -~unll!'ss the Owner has previously given the Contractor a written. acceptancl! of. !;Uch <=()1Jdition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by. toe Pl!riod of time between Substantial Completion and the actual Jil!rfonnance"of tl).e, Work. This ob 1 igati on under this Subparagraph 12. 2~ 2 sha l1 survive acceptance of the

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Work under the Contract and termina-tion of the Contract. The Owner shall ( g1ve such notice promptly after discovery. of the condition.

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12.2.3 The Contractor shall remove froin the site, portions of the Work which 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 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in aq:or.da.l)ce .wit11PaLagraph 2.4, If the Contractor does not proceed with correi:tioit _of such no-nconforming Work within _a. reasonable . tjme . fi)led .. by written nqticer from the Ar'ch'i tect/Engi ri~er,. .the... Owner ~')lay r,eniqve if,., ar:J<! stor:,e , ,tJi~ salvable, materia 1 s or eq!ll pment a:t the Contractor'~ ~iq)eQ"f;~- · lf .the CO!ltractor ctoe~ not :pay costs of su~h remova 1 a(Jd storage wi,tl1j n ten days. after;,. wri tte,n. noJic~ •. the lhil'l.et JQ_aY !,1!??!1 t~q. ~Jl!:litf~?,9,~1,;::9CI>',i' ·'ffci~~n. notic.E!; s~Jl '§!.Jcll matetuls and eqi,!lP!lfE!Ilt at auctl!;w C!r a:t; PTlJiaf~ sale,,,and snaP•ac,<;:o,unt fqr the proc~eds th!!reof,_._af:ter de_d\ic;!.ii)g';c9~.I§ .. ~!i~,q!!,Ji:iagj!s. that .si:IQ.I!]d .have .. been . bprne ____ .by .. · ttie · 'Coottactilr •.•.• JnglY!U69 ..... ~Qlllpensation .. for_ .-.. -the, Ars=hjtec:f/En~i.neer'.s s.e,rvices.;in~:.exp!!,!}ses,~d~ ~ece.~sar}t .tllen~_by •.....• Jf sue~ proceeds of s_iilE! dq not. c0ver <:os:ts \.tfil<:~ t}Je ,contractor shpuld J)ave.borne,. the· ,C0ntf~ct·_ Sum. •slla 11 be ·.·.·rei;iuce~ by. ~-ti~ :(te.f;k"ieocy: .. -. ·Jf; p,a~~ts .'th~rror th_ereafter ilu.e tll"e: ~ont;~aqor ~re llqt·~ijnfi¢i:~.llt.;to,,cover;such:_9l!loi,~qt.;. the Cont;ractor sJ:ta-ll•;payth.e differenpe "\o \H,e'~er: · '•· ::.:

12. 2.5. The 'C9iltl;'l!ctor . sh~J l l>e<lr _ th~ :~.ost of c~frectlng dgstroy:ed or dartlaged cons'trui:tion, whether coliipleted· or part•ia:lly completi!'d, of~ the Owner or separate contractors caused by the Contraptor' Si·.ctmrection . or removal of Work which is not in accordance with tfle. requirements of the Contract Documents.

12,2~6 _. Nothing contl!ined in tiJH P~ril9rl!Ph 12.2, shi!]l becq,nstr.ued .tq establish a peri o.d of 1 imitat.ion ·wi.:t:ll ~~~jf~d; 'ttl o.thef obli gl!tior:J~ which the Contractor inight have under the 'Contract Ooclimenl;s. Es:t:ab1JshJnent,of the time period of one year ilS descdbed 'in · Subparagraph 12". 2. 2 relates only to the specific obligation 'of the Contracto!'.to,cor.)"ect the Work, and has no relationship to the time within which the obligation to C:omply with the Contract Documents may .be ~ought . .tQ,.beel')f<Jrc;ed,.nor.Jo tiJe t,jme witt]in which proceedings IJiaY be commenced .t<J e~tliJ>lish the Cqntractllr:'s li<1bili,ty with respect tothe Contractqr's ob]jgat.ions other than speci.fically to correct the Work. · · · · · ·

...

12.3 ACCEPT~NCE OF NONCONfORMING .WORK J-

12. 3~1 If the Owner prefers to accept work ~kh i,s not in ac;cofqam;e with the reqtii rements of the Contract Do<:ume~ts, the Owner fli<iy do so instead of requiring its remova 1 and correction, in which i:ase the Contract Sum will be reduced as appropriate and equitable. Such aajustmerit shall be effected whether or not final payment has been made. ·

E Page 73 of 106 Pages E October 16, 1989

AlA DOCUMENT A201 COrY lUCHT (!) 1987 BY THE ,l.t.URICA.N iNSTITUTE Of' ARCHITECTS. ALL R1GHTS PlE.S~RV£0. AlAe

ARTICLE 13 MISCELLANEOUS PROVISIONS

13.1 GOVERNING LAW

13.1.1 The Contract shall be governed by the law of the ~laee 1ffiere the PPejeet is leeate~ State of Florida.

13.2·

13.2.1

13c3 ·

SUCCESSORS AHO ASSIGNS

Wlf!lTE'N NOTiCE· ...

13. 3.1 Written notice shall be deemed to have been duly served if. de 1 i vered in Pl!rson to the i Q(ji yi.<Jua.l qr a member. qf. "!;he fl rm or entity or to an· offic:Elr of the coryo~atiQ'o;for whkh it .w:as irifended, or if delivered at or. serft" 'b)' r,egistt!'r~_d or. c~rj;ified mai.l to the l<~.st business address. known t.o.th~ party giving··notice: ·

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13; 4 RIGHTS AND REMEDIES -.,- _, -' '-·

13.4.1 Duties a~;~d obligations jmppsed by the Con"f;tai:t Documents and rights and remediesavaila~le t,.her~under shill be in a(jditiori to and not a 1 imitation uf duties,· obligations: rights arid remedies otherwi.se imposed or available by law.

13. 4. 2 Ho act_i bn or fall ure to act by' th~ Owner, AfchHect/Engi neer or Contractor shaH"constt:tute a w<~.iver o.f a right; or duty ,.af{orded them under the Contract, nor shall such a~:;tion or failure to act constitute <iPProval of or acquiescence in a breach thereunder, ex~;:ept as may be. speci fic:a]ly agreed in writing. . . . . . . . . .

13.5 TESTS AND INSPECTIONS -~.

13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities havi.ng jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent

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AlA OOCUMf:.NT A201 COrYRlGHT C) 1957 BY THE AMERICAN INSTrn..tTE OF ARe-HtTECT'S... AI t ••~~ ot:"CI:Q-..~£..,. ...... -

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testing 1 aboratory or entity acceptab 1 e to the Owner, or with the appro­priate pub 1 i c authority, and sha 11 bear a 11 re 1 a ted costs of tests, in­spections and approvals. The Contractor shall give the Architect/Engineer timely notice of when and where tests and inspections are to be made so the Architect/Engineer may observe such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded.

13.5.2 If the Architect/Engineer, Owner or public authorities having jur.isdiction determine that portions. of the War.!< require additional testing, inspection or approval not inclu.ded un(ji!rStibparagraph 13, 5.1, the Arc hi teet/Engineer wi 11 , upon written ·.· a!Jthori zati on. 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/Engineer of when and where tests and inspections ·are .to be made so. the Architect/Engineer may observe such !irocedures. The Owner ·shall bear such costs except as provided in Subparagraph 13.5.3.

1~.5.3 . If such procedures .. for testing,, inspection or approval under $1Jbparagraphs 13.5.1 and 13 .. 5.2 reveal failure of the portions of the Work _to comply with requi reinents established. by .the Contract Documents, the Contractor shall bear all costs mace necessary by. such .failure including those of repeated procedures and compensation for the A,rchitect/Engi-neer' s services and expenses. ·· ·· ..

2_,:

13.5;4 Requi~d certificates of testing, inspection or approval shall, tfn le~s otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect/Engi.neer.

13.5.5 If the Architect/Engineer is to observe .tests, inspections or approvals required by the Contract Documents, the Architect/Engineer 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 tl)e Work.

13:5.7 . Where tests are required !?Y the technic<!l specifications for mater1als, methods Q!- equipment, the Contractot .. shall ~ the cost of initial · tests til prove qua 1 ities. <!nd determ'liie' conformance with specH1caffOilreqtilrements,. ~ mill . tests on cement and steel; load testing of pil1nq; ·· s.ieve analys1s and coiOMiiletnc tests on sand; strength tests for determin~pro~ortions of, l!laterHl$ for concrete; moisture content and sound transm1ss1on ·tests of concrete Hocks, etc. .

13.5.8 If substitute materials or equipment are proposed Q.y the Contractor, he ~ ~ ~ cost of all tests which may be necessary to satisfy the Arch1tect/Eiig1neer that specif1cation requirements are met.

13.5 .. 9 The Contractor shall ~ ~ all testing costs, includi·ng but not llmlted. to, eower, fuel, ~ egulpment coSts which may be re,quired for col!lple,te testmll of all equ1pment and systems for. proper operat10n such ~ . plumbing, heat1ng, ventilation, an conditiomng, electr1cal, elevator, dumbwaiters and conveyors, etc.

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AlA OOCVME.NT A20t COF'YRIGHT ~ 1987 BY THE AMERICAN INSTITUTE OF ARCHITECTS. ALL RIGHTS RES.ERVEO. AlA @)

13.6 INTEREST

13.6.~ Paj~eHts d~e aHd -~H~aiS HABer the CaRtPaet 9etHme"~ sRall Sear i Hte'f'est 7r6fft the Sate pa)cmeRt --is ehi-e at st:leR Pate as the_ j:Jal"ti es ·,fRay J:§PC e H139R iA Ml"itiA-g ·era, -iR the aBseAee thereaf, at tRe le§cll ~ate ;tFevai"~i-R§ fpem time te time at the J!l aee \ih€:1 e the PY.ejeet is 1 eeateeL Interest sha 11 be paid in certain cases as provided ~ Section 215.422, F .S.

13:6.2 The Contractor_shall be s:;uired to E! interest to .•.. su~C:ontractcrs .,and suppl 1 ers 1n. certa1n. cases w ere payments are not Wlthln the ~ constraints of SeCtion 28Los85, F;S. · · · · .

13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD

13.7 .1 As between the Owner and Contractor:

.1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations s!tall,coJ!IIl~flce to. run anri any alleged cause of action sha 11 be deemed to have accrued in any arid all events not later than such date of Substantial Comp 1 eti on;

.2 . Between Substantial Completion and Final Certificate for Payment. As . to acts or failures to act occurring SIJj)Sequent to the r.elevant date of Substantial COmpletion and pri9r to issua!lce of the final Certificate. for Payment, any applicable statute of limitations shall commence to run and anY alleged cause of action ( shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and

.3 After Final Certificate for Payment. As to .act.s or failures to act occurring· after the relevant date of iliS!!~nce of the >fina.l· · Certificate for· Payment, any applicable statute of limitations sha 11 co11111ence to run. and any a 11 eged cause of ..• action sha 11 be deemed to hav.e. accrued. in any and all events not later tii)~n the date of any act or fa-Ilure .to act by the Contractor pursuant to any warranty provided .. under Paragraph 3.5, the · date of any correctio.n of the Work or failure to correct thg_ Work . . py the Co11t1·actor under Paragraph 12.2, or the. date of actual C:otmnission of cany other act or failure to perfot111 any duty or obligation by the Contractor br OWner, whichever occurs 1 ast. ·

13.8 HARMONY -.-13AL1 The Contractor shall exert ehert reasonable and diliaent effort to. assure .that all labor 1fu/lloyed .~ t e . ontractor .a.nd the Subcontractors Tiir Work oiltheProJect s a 1 work i~ny with and be compatible with ill.· .. otiier-r. aliOi' teing.·. used o.n the sue of the l'rOJect •. and representative of the Architect/ nqineer andthe Owner. · · ··· . · ·

13.8.2 The Contractor shall include this prov1s1on in all contracts with Subcontractors, and the Contractor sharr-require that such ! provision be

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AlA OOCUMENT ~01 COI"YIUGHT <!) 1957 SY THE AN.ERICAN INSTn'UTE OF AROtfTECTS.. ALt. RIGHTS fltE$ERVEO. AlA e

( included in the contracts between the Subcontractors and the Sub,...subconttactors; prov1ded, however,. that this provision shall not be interpreted or_ enforced so~. to deny or abridge,_£!! ~ccount of_membe~shio or nonmemb.ers.hl o in·~ lahor union or Tabor or amzat1on, the rf(ht or any terson to. work ~ guaranteed .!!l AriTCie Sect1on 6 of t e Fionaa onstitution.

13.9 CHANGE OF ADDRESS

13.9.1 If the ad.!lre.ss of the Co.ntractor. ctianges,. the Contractpr shall provJde written noUce. to that .. effect •.. · to both the Owner .. ;~nd the Arch1 tect/Enoinee.r.

13.10 If in ~ execution of .. tha.Work any. i{ems Of.hJ•storical significance or any\Yilluable .jtems •.. qr: matarl.i!S>o;L.-any. kind are.~d-iscovered bvried or hidaen ·within the Work, such items or mateMars shatl be the

i~~e~~~~fo~at~e:J~, !~~ g=-c;::~:~taa~~~>aiW1~~~Ve£ !ii9Tn~r w.ith such dtscomy. an.d o;:_auy Ol!t .!!l Chanqe Order, _at .the .. exoense of the Owner, -uie Architect/tOgineer's orders as to the d1sposal of the items or materiaTS: ·

ARTICLE 14 TERMINATION OR SUPENSION

OF. niE 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 days through no act or fault of the Contractor or a Subcontractor, ~u.!>-subcontrac.tor or their agents or emp]{)yees or any other persons performing portions of the Work. under contract with the Contractor, for any of the following reasons:

F

.1. issuance of an order of· a court or other public authority having jurisdiction;

.2 an act of government, · csuch as a declaration of national emergency, making material unavailable;

.3 because, the Architect/En5jineer has . not issued a ..Certificate for Payment and has not not1fied .the Contractor· of the reason for l(ithholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;

.4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total number_of days scheduled for completion, or 120 days in any 365-day pertad; whichever is less; or · .

. 5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1.

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AlA OOCUMENT A201 COPYRIGHT~ 15187 BY TKE AMERICAN INSTITUTE OF ARCHITECT3.. Al.L RIGH'T3 RESERVED. AlAe

14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional day's written. notice to the Owner and Architect/Engineer, i terminate the Contract and recover from the Owner payment for Work execul:ed • and for proven loss with respect to materials, equipment, tools, and construction ·equipment and machinery; including reasonable overhead, profit and damages. ··

14 .1. 3 If the Uerk is stef'pef:f fep a ~e.Pfef(_.ef :.69.- ·a;a)·s ttu·ett§R:_ .. Re aet er . fat~lt. ef the Seflt~~t-er ____ ~r -.,_a, S~eentre:et~r --~-r ___ thei Y ,--~~eA_ts e_l'" :- e.pl e~·ees eP -&n) _,_~ether _fi~P:Set,\~'-.:,·.p·er_f~ Pmtn_§),jieitii __ ~:~~~- e¥( _th~~':_:~~le_:tlt _ ~-~:¥_e-~ ---,eeAt;r~t-,_:~{th_ the Ce Plt_f aete r .. -bt:e:a'tiS EC ttre' 8 w_ti!Ef'_': h'a:s c',,et-:si ~itePot:lj: __ :Je.:i. l_e_a,~::$8_ .. :: .fjtH _fi}-l'; ;:th' _9';JAe 'f I 5 -eB 1 i§ai:i erts t::lruier the Cer,.t·raet 9eet:HBents .. i Yt ·res~_-eEJ; __ )tO .. _.:ftteitt1ei.i..s~J-"'-pertant te t_he pre_~res·s, __ e_f t~e_ .'~o'erk_, ___ ~t~_e_ G~n~r_e_ete~:, may __ ,. ttpett 5~\_eA ad~~ ti ~flal days __ nl'i_~-~-e:rr "_e,t?Le __ e _,t:e·:··:· .. ~_e __ :~l:)wtt_i,:~'- :an~_:_Stht?:_:·:.!r.~_f;\it;e~et, -__ --:lertJtt~ate the. _s_aAtPact aH_~ Fet:e)~e:~:: f-'~ftlt _·_the~_.E&ifl.·er~.j~\5 :·.-~.r8:Vllii.d· lirL.SJ~bJ~~r·:a_gra~~ 1.4'_:·a.:~z_: ~ i!

·. . . - -___ , -- .. . - - -~, ~-- '· -~'-,-, -"- - <-.• _. c-~ . :-:;-;~ ·' -. ;,.·".) o .. - - - .. _

14. 2.1 T~l! ~nl!r may tl!nni.o<ttg thl! Cootr.<tc.t ·if the Cofrt.r<tct.ot:. ·:-:---·

~--•- •-'• •-.-'-"•" - --r-

.1 persistently or repeatedly refuses o.t .J4.iJs. tp sl.lpply enough properly skilled workers or proper materials;

·, .. ·~-~- . . 2 fails to make pi:l}'llient to SUbcontractors for materials .frl' labor in

accordance with 'the respective_ agreements between the Contractor and the Subcontractors;

.3 persistently disregards law~. ordinances,. or rules, regulations or orders of a 'public authority havin~ jurisdiction; or

.4 otherwise is guilty of sUbstantial breach of a provision of the Contracct ,Documents, , ·

14.2.2 When any, of the· above rea$ons exist, the Owner, upon certi­fication by the Architect/Engineer 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' empl6ymentof the' Contractor and may;­sl:lejeet te i'IRY !ifiet ri§hts ef direct:·the surety to:

.1 take possession ·of t~e site and . of all 'materi a:l s, equi prnent, too·ls, and constriictofoli equipment and machinery thereon owned by t.ne Contractor; '

.2 accept assignments of subcontracts pursuant to Paragraph 5.4; and

. 3 finish the . Work by whatever rea so nab 1 e 111ethod the Owner rn~y deem expedient.

14. 2. 3 When the Owner ·terminates the'"l:ontract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment unti'l the Work is finished.

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AtA OOCUNENT A201 COI"'YPIIGHT ~ 15187 BY THE AMERICAN INSTITUTE OF AlllCH~CTS. ALt.. RIGHTS AES£ .. VE04 AlA 4)

14. 2. 4 If the Contractor's surety is directed to complete the ~ theh

( all payments made after termination s_hall be made to the Surety unt1l the Work ~ f1 ni shed and the Contract St.Jm l)as been expended. The surety shaJ l then be respons1 bl e for all.-of.-.the obligations and duties of the -Contractor

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under the Contract an_d s!)a U be bound __ _gy_ the .c<~ndi,tlons of the Contract to t'il'iflll all obllgatloils of the .C~ct forthe Contract Sum there1n. The surety mafl not ass1qn those obl1qat1ohs wlthout the wntten consent of_ the Owner. he surety ~ be responsible for the payment of all costs re l at 1nq to the ternn nation _ of the emp 1 oyment of the Contracter, H the-·afl)3ai a a_a_laAe_e_· _sf_ the GeFitt-act·~~ ·f!)tC.ee.Bs. _ces_ts. J:tf"""'frfli SAHt§- ._tl=le -.'t.'SPI(, including compensation_ for til~ Ar!f,l:ti,t,~-ct/Engi neer' s 5l!rvices ;itnd -expenses

-:nade necessary" thereby, st1efl exdss sflal r ei~aia te' tf1e GaRtl'aeteP. If :~;efl eests exeeee! tile. tJf'ljlai.E!. aalaf'lee, ·the C'elitl'aetel' sllal1 !3d)' tile E!iffel"ef'lee te the e· .. ne!'. The amoui]t.to _be_ paid to .the f;ef)tPaetar surety or Owner. as_ th: c~s~ may _be, s~al_l.be Ge~tjfjrd by t_he Arch~tect/En9ine:r,. upon appl1cat1on, 'and thts· obhgat1on for paym-ent shall survwe term1natlon of the CeAtPae't emplo¥1!Jent_.of•,,the C9.ntract,o;r..

14. 3 SUSPENSION BY THE OWNER FOR CONVENIENCE

14. 3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine.

14. 3.2 An adjustment· shqll be made for increases in the cost of per­formance of the Contract including profit on the increased cost of per~ fotmahce, caused by suspension, delay of interruption. No adjustment shall be made to the extent: · · ·

.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor . is responsible; or

_ 2 that ~an equitable adjustment is made or denied unde_r another provision of this C(Jntr_act. · · ·· ·

14. 3. 3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee.

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AlA DOCUMENT A201"COPYJ:(IGHT@ 1967 BY THE AMERtCAN INSTITUTE OF ARCHITECTS. ALL RIGHTS RESERVEO. AlA® . .

University of South Florida Board of Trustees, A Public Body Corporate

PAYMENT BOND (FOR LABOR AND MATERIALS)

THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT AS PROVIDED BY

SECTION 255.05, F.S. BY THIS BOND WE: (Contractor’s Name) ______________________________, (Contractor’s

Address)________________________________, (Contractor’s City) ________________, (Contractor’s State)

__________, (Contractor’s Zip) _________, as Principal, hereinafter called Contractor and (Surety Name)

_____________________________, (Surety Address) ____________________, (Surety City) ___________,

(Surety State) ______, (Surety Zip)____________, as surety, hereinafter called Surety, are held and firmly bound

unto the University of South Florida Board of Trustees, a public body corporate, hereinafter called Owner, for the

use and benefit of claimants as hereinbelow defined, in the amount of (Construction Amount)

_______________________________, for the payment whereof Contractor and Surety bind themselves, their

heirs, executors, administrators, successors and assigns, jointly and severally.

WHEREAS: Contractor has by written agreement dated _________________, 200___, entered into a contract with Owner for

construction of (Name of Project) ___________________, University of South Florida, Project Number ______, in

accordance with Drawings and Specifications prepared by (Name and Address of Architect/Engineer)

___________________________________________________, which Owner-Contractor Agreement is by

reference made a part hereof, and is hereinafter referred to as the Agreement.

THE CONDITIONS OF THIS BOND are such that: 1. If Contractor shall promptly make all payments owing when due to all persons who are defined in Section

713.01, Florida Statutes, whose claims derive directly or indirectly from the prosecution of the Work provided for in the Agreement, then this bond is void; otherwise, it remains in full force and effect.

2. Each said claimant shall have a right of action against the Contractor and Surety for the amount due the

claimant. No such action shall subject the Owner to any cost, expense, loss or damage, and Contractor shall promptly pay Owner for the full measure of all cost, expense, loss, damage, and attorney's fees sustained by Owner as a result of any default by Contractor under the Agreement.

3. A claimant, except a laborer, who is not in privity with the Contractor shall, before commencing or not later

than forty five (45) days after commencing to furnish labor, materials, equipment or supplies for the prosecution of the Work, furnish the Contractor with a notice that the claimant intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for labor, materials, equipment or supplies shall deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials, equipment or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter, but before 45 days after the first furnishing of labor, services or materials and not later than 90 days after the final furnishing of the labor, services or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the jobsite available for use. No action for the labor, materials, equipment or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety after one year from the performance of the labor or completion of the delivery of the materials, equipment or supplies is completed.

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4. An action against the Surety or the Contractor, or both, may be brought in the county in which the public

building or public work is being constructed or repaired or in any other place authorized by the provisions of Chapter 47, Florida Statutes.

5. The amount of this bond shall be changed only to the extent that the Contract Sum is changed in accord with

applicable provisions of the Contract For Construction. 6. Neither any change in or under the Contract Documents, nor any compliance or noncompliance with any

formalities provided in the Agreement or the change shall relieve the Surety of its obligations under this Bond.

THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK

Page 81 of 106 Pages June 10, 2005

SIGNED AND SEALED THIS ________ DAY OF _________________________, 200___ * * * * * * * * * * * * * * * * * * * * CONTRACTOR * * * * * * * * * * * * * * * * * * * * As Witnessed By:

By:

Officer Name ______________________ Officer Title _______________________

* * * * * * * * * * * * * * * * * * * * * SURETY * * * * * * * * * * * * * * * * * * * * * As Witnessed By: Surety Name ______________________

By:

Agent’s Name _____________________________ Agent’s Title ______________________________ Agent’s Company __________________________ Agent’s Address ___________________________ Agent’s City, State, Zip ______________________

Page 82 of 106 Pages June 10, 2005

(Seal)

(Seal)

University of South Florida Board of Trustees, A Public Body Corporate

PERFORMANCE BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND (FOR LABOR & MATERIALS) IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT AS PROVIDED BY SECTION 255.05, F.S. BY THIS BOND WE: (Contractor’s Name) ________________________________, (Contractor’s Address)

________________________________, (Contractor’s City) ______________, (Contractor’s State)

___________________, (Contractor’s Zip) ____________, as Principal, hereinafter called Contractor and

(Surety Name) __________________________________, (Surety Address)

________________________________________, (Surety City) _______________, (Surety State)

__________________, (Surety Zip) ______________, as surety, hereinafter called Surety, are held and firmly

bound unto the University of South Florida Board of Trustees, a public body corporate, hereinafter called

Owner, for the use and benefit of claimants as herein below defined, in the amount of (Construction Amount)

_________________________for the payment whereof Contractor and Surety bind themselves, their heirs,

executors, administrators, successors and assigns, jointly and severally.

WHEREAS, Contractor has by written agreement dated _________________________, 200__, entered into a contract with

Owner for construction of (Name of Project) ______________________________, University of South Florida,

Project Number _____, in accordance with Drawings and Specifications prepared by (Architect/Engineer Name

and Address)____________________________________________________, which Owner-Contractor

Agreement is by reference made a part hereof, and is hereinafter referred to as the Agreement.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Agreement, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor is in default under the Agreement, and the Owner has performed its obligations thereunder, the Surety shall promptly remedy the default, in accordance with Section 255.05, Florida Statutes, or shall promptly obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and arrange for a contract between such bidder and the Surety, and pay as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) the cost of completion less the balance of the Contract Sum; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Sum", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement and any amendments thereto, less the amount properly paid by Owner to Contractor.

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No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrator or successors of the Owner.

THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK

Page 84 of 106 Pages

June 10, 2005 SIGNED AND SEALED THIS ________ DAY OF _________________________, 200__

* * * * * * * * * * * * * * * * * * * * CONTRACTOR * * * * * * * * * * * * * * * * * * * * As Witnessed By:

By:

Officer Name: _________________________ Officer Title: __________________________

* * * * * * * * * * * * * * * * * * * * * SURETY * * * * * * * * * * * * * * * * * * * * * As Witnessed By: Surety Name: _________________________

By:

Agent’s Name: _________________________ Agent’s Title: __________________________ Agent’s Company: ______________________ Agent’s Address: _______________________ Agent’s City, State, Zip: _________________

(Power of Attorney attached hereto)

Page 85 of 106 Pages June 10, 2005

UNIVERSITY OF SOUTH FLORIDA

(Seal)

(Seal)

OWNER-CONTRACTOR AGREEMENT

FOR CONSTRUCTION OF

USF PROJECT No. ___

PROJECT NAME: __________________

UNIVERSITY OF SOUTH FLORIDA TAMPA CAMPUS

(Contractor)

Architect/Engineer:

___________________________ ___________________________

Page 86 of 106 Pages June 10, 2005

UNIVERSITY OF SOUTH FLORIDA OWNER-CONTRACTOR AGREEMENT

THIS AGREEMENT made this _______ day of ________________, 200___, by and between the University of South Florida Board of Trustees, a public body corporate, hereinafter called the Owner, and (Contractor Name) ____________________, (Contractor Address) _____________________, a Florida corporation, Federal I.D. number _______________________________, hereinafter called the Contractor. The Owner and the Contractor agree as set forth below. ARTICLE 1. THE CONTRACT DOCUMENTS 1.1 The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary, Special and other Conditions), the Drawings, the Specifications, the Project Manual dated June 10, 2005, and all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 8 of this Agreement. 1.2 If any portion of the Contract Documents is in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: The Owner-Contractor Agreement; Modifications; Addenda; any Special Conditions; Supplementary Conditions; the General Conditions; the Specifications; the Drawings; as between schedules and information given on Drawings, the schedules shall govern; as between figures given on Drawings and the scaled measurements, the figures shall govern; as between large-scale Drawings and small-scale Drawings, the larger scale shall govern. ARTICLE 2. THE WORK 2.1 The Contractor shall perform all the Work required by the Contract Documents for (Project Name) __________________________, University of South Florida, USF Project No. _____. ARTICLE 3. THE ARCHITECT/ENGINEER 3.1 The Architect/Engineer for this project is (Architect/Engineer name and address) ___________ _________________________. ARTICLE 4. TIME OF COMMENCEMENT AND COMPLETION 4.1 The Work to be performed under this contract shall be commenced within ten (10) calendar days after the date indicated on the Notice to Proceed, shall be substantially completed within ____ calendar days after the date indicated on the Notice to Proceed, and shall be finally completed within thirty (30) calendar days after the date of Substantial Completion or within such other time as identified on the Certificate of Substantial Completion. 4.2 Liquidated Damages for Failure to Complete on Time

4.2.1 Inasmuch as failure to complete the project within the time fixed in Article 4.1 hereof will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any

Page 87 of 106 Pages June 10, 2005

degree of certainty, it is hereby agreed that if the Work is not substantially completed, according to the definition of "Substantial Completion" in Article 8.4 hereof, or within such further time, if any, as shall be allowed for time extensions in accordance with the provisions of the Contract Documents, the Contractor shall pay to the Owner as liquidated damages for such delay, and not as a penalty, $__________ for each and every calendar day elapsing between the date fixed for Substantial Completion in Article 4.1 hereof and the date such Substantial Completion shall have been fully accomplished. Said liquidated damages shall be payable in addition to any excess expenses or costs payable by the Contractor to the Owner under the provisions of Article 14 of the General Conditions, and shall not preclude the recovery of damages by the Owner under other provisions of the Contract Documents, except for Contractor's delays.

4.2.2 This provision for liquidated damages for delay shall in no manner affect the Owner's right to terminate the Contract as provided in Article 14 of the General Conditions or elsewhere in the Contract Documents. The Owner's exercise of the right to terminate shall not release the Contractor from the obligation to pay said liquidated damages in the amount set out in Subparagraph 4.2.1. 4.2.3 It is further agreed that the Owner may deduct from the balance retained by the Owner under the provisions of Article 6.3.1 hereof the liquidated damages stipulated herein or in Article 4.3 as the case may be, or such portion thereof as the retained balance will cover.

4.3 Liquidated Damages When Owner Terminates Contract. The Owner is entitled to completion of the project within the time fixed in Article 4.1 hereof or within such further time, if any, as may be allowed in accordance with the provisions of the Contract. In the event of termination of the Contract by the Owner prior to completion as provided in Paragraph 14.2 of the General Conditions or elsewhere in the Contract Documents, the Contractor shall be liable to the Owner for the expenses for additional managerial and administrative services provided in said Article 14 and also for the per diem liquidated damages agreed upon in Article 4.2 hereof:

4.3.1 for each day the Contractor is in arrears in the Work at the time of said termination as determined by the Architect/Engineer, and

4.3.2 for each day of thirty (30) additional calendar days hereby stipulated and agreed to be the time it will require the Surety to effect another contract for completion of the Work, including resumption of Work thereon,

4.3.3 Provided, however, that the sum of Subparagraphs 4.3.1 and 4.3.2 shall not exceed the number of days beyond the original agreed completion date, or any extension thereof as herein provided, reasonably required for completion of the Work.

ARTICLE 5. CONTRACT SUM 5.1 The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order or Construction Change Directive as provided in the Conditions of the Contract, the Contract Sum of (Total Fee) $_______________, for the Base Bid only OR the Base Bid and Alternates 1 through ____________. ARTICLE 6. PAYMENTS OF CONTRACT SUM 6.1 Indemnification Rider. Upon receipt of the Notice to Proceed, the Contractor shall begin providing the indemnification described in Paragraph 3.18 of the General Conditions. The Contractor shall include the Sum of Ten Dollars for provision of the indemnification on the Schedule of Values accompanying the first application for payment. 6.2 Progress Payments. The Contractor shall provide to the Owner a projection of invoice amounts for the duration of the project, based upon the project schedule, to facilitate the Owner’s need to manage the cash flow requirements for the project. The projection shall be updated as required.

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Based upon Applications for Payment submitted to the Architect/Engineer by the Contractor and Certificates of Payment issued by the Architect/Engineer and approved by the Owner, the Owner shall make progress payments to the Contractor against the account of the Contract Sum, as provided in the Conditions of the Contract in accordance with the following:

6.2.1 Within thirty (30) days from the Owner's receipt of any Application for Payment submitted by the Contractor, the Owner shall pay or cause to be paid to the Contractor that portion of the Contract Sum previously unpaid, properly allocable to labor, materials, and equipment already incorporated in Work that has been satisfactorily performed in accordance with the requirements of the Contract Documents, as determined by the Architect/Engineer, together with that portion of the Contract Sum properly allocable to materials and equipment suitably stored by the last day of the preceding calendar month at the Project site or at some other location(s) mutually agreed upon in writing by the parties, as determined by the Architect/Engineer.

.1 The Contractor shall pay each Subcontractor out of the amount paid to the Contractor on account of such Subcontractor’s Work, the amount to which said Subcontractor is entitled reflecting the percentage actually retained, if any, from payments to the Contractor on account of said Subcontractor’s Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to its subcontractors in a similar manner. When the Contractor receives payment from the Owner for labor, services, or materials furnished by subcontractors and suppliers hired by the Contractor for the project, the Contractor shall remit payment due to those subcontractors and suppliers, less the value of any item contested in accordance with the Contract, within ten (10) days after the Contractor’s receipt of payment from the Owner. When the payment due the subcontractor is for final payment, including retainage, the subcontractor must include with the invoice for final payment a conditional release of lien and all appropriate warranties and closeout documentation. When the subcontractor receives payment from the Contractor for labor, services, or materials furnished by the subcontractors and suppliers hired by the subcontractor, the subcontractor shall remit payment due to those subcontractors and suppliers, less value of any item contested in accordance with the Contract, within ten (10) days after the subcontractor’s receipt of payment.

.2 The Architect/Engineer may, at the Architect/Engineer's discretion, furnish to a Subcontractor, if practicable, information regarding the percentages of completion of the amounts applied for by the Contractor and the action taken thereon by the Architect/Engineer on account of Work done by such Subcontractor. .3 Neither the Owner nor the Architect/Engineer shall have any obligation to pay or to see to the payment of any moneys to any Subcontractor except as may otherwise be required by law. .4 No Certificate for a progress payment, nor any progress payment, nor any partial or entire use of occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents.

6.2.2 As provided by Section 215.422, Florida Statues, if a warrant in payment of an invoice is not mailed by the Owner within 40 days after the receipt of the invoice and receipt, inspection and approval of the services, the Owner shall pay to the Contractor, in addition to the amount of the invoice, interest at the rate established by Sec. 55.03(1) Florida Statues on the unpaid balance from the expiration of such 40-day period until such time as the warrant is mailed to the Contractor. These provisions apply only to undisputed amounts for which payment has been authorized. Invoices or pay requests returned to the Contractor due to preparation errors will result in a payment delay. Payment requirements do not start until a properly completed invoice or pay request is provided to the Owner. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (800) 848-3792.

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6.3 PAYMENTS WITHHELD

6.3.1 With the exception of Work which may be exempted from this requirement by a provision in the Special or Supplementary Conditions in the Project Manual, retainage shall be withheld from each monthly payment request, in an amount not to exceed 10% of the request, until 50% of construction payments are made. After the Work is considered to be 50% complete, retainage not to exceed 10% of the request, may or may not be withheld at the discretion of the Architect/Engineer, subject to the following:

.1 If securities are substituted in lieu of retainage as permitted by Section 255.052, Florida Statutes, the securities must be free of all encumbrances, enabling the Owner to use those securities as it would retainage, and the Contractor must assign all its rights to the securities to the Owner.

.2 Subcontractors, forty-five (45) days after satisfactory completion of their work on the project, can invoice the Contractor for the remainder of unpaid work, including the full value of the retainage related to their work, less the value of any item contested in accordance with the terms and conditions of the Construction Contract. The subcontractor shall include a conditional release of lien and all appropriate warranties and closeout documentation with this final payment invoice to the Contractor. The Contractor must include this subcontractor payment request in the next Application for Payment in the pay application cycle to the Architect following the receipt of the subcontractor payment request, if deemed to be complete and in compliance with this section. The Owner shall process the payment request within twenty (20) days of receipt of the Certificate for payment from the Architect, in accordance with F.S. 215.422(1), and shall include payment of the retainage, less the value of any contested item, in its next payment to the Contractor.

.3 Payments made under Clause 6.3.1.2 do not change General Warranty period requirements or Specific Warranty period requirements, both of which begin at the date of Substantial Completion for the project, unless otherwise agreed to in writing.

.4 Payments made under Clause 6.3.1.2 do not change contract requirements regarding project closeout, including list of items to be completed or corrected, documentation, instructions, etc.

.5 Determination of satisfactory completion of the work under Clause 6.3.1.2 shall not change the warranty and project closeout requirements of the Contractor, and shall be subject to the Owner’s approval.

6.3.2 The Architect/Engineer may decline to certify payment or, because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part of any Certificate for Payment previously issued, to such extent as may be necessary, in the Architect/Engineer's opinion, to protect the Owner from loss because of:

.1 defective work not remedied,

.2 third party claims filed or reasonable evidence indicating probable filing of such claims,

.3 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum, .4 damage to the Owner or another contractor, .5 reasonable evidence that the Work will not be completed within the Contract Time, or .6 persistent failure to carry out the Work in accordance with the Contract Documents.

6.3.3 When the above grounds in Subparagraph 6.3.2. are removed, payment shall be made for the amount withheld because of them.

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ARTICLE 7. FINAL PAYMENT 7.1 Within forty (40) days from the date of Contract Completion the Owner shall pay or cause to be paid to the Contractor, the entire unpaid balance of the Contract Sum, less the amount of any sums which continue to be retained to satisfy the cost of performing any change in the Work which is the subject of any claim or dispute and which has not yet been satisfactorily performed by the Contractor, and less any amount being withheld for liquidated damages, provided that the parties have not otherwise stipulated in the Certificate of Substantial Completion, and provided further that the Work has been satisfactorily completed, the Contractor's obligations under the Contract have been fully performed, and a final Certificate for Payment has been issued by the Architect/Engineer. ARTICLE 8. MISCELLANEOUS PROVISIONS 8.1 Terms used in the Agreement which are defined in the Conditions of the Contract shall have the meaning designated in those Conditions. 8.2 The Contract Documents, which constitute the entire Contract between the Owner and Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows:

8.2.1 Project Manual: Entitled “______________________, University of South Florida, Tampa Campus, USF Project No. ______”, dated June 10, 2005, consisting of I. Bidding Conditions, II. Contractual Conditions, and III. Technical Specifications Divisions 1 - 16.

8.2.2 Construction Drawings: Entitled “______________________________, University of South Florida, Tampa Campus, USF Project No. _________”, dated June 10, 2005. See attached ‘Index of Drawings’.

8.2.3 Addenda 1 – X:

8.3 As required by Section 287.058, Florida Statutes, this Contract may be unilaterally canceled by the Owner for refusal by the Contractor to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 and made or received by the Contractor in conjunction with the Contract. 8.4 The Date of Substantial Completion of the Work or designated portion thereof is the date certified by the Architect/Engineer when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended. The term "Substantial Completion" shall not mean the inclusion of such minor alterations and patching as the final inspection shall disclose. 8.5 Claims

8.5.1 Under this Contract the Contractor shall not have the right to compensation to satisfy any claim for costs, liabilities, or debts of any kind whatever from any act or omission attributable to the Owner unless the Contractor has provided notice to the Architect/Engineer and the Owner within 21 days of the event giving rise to the claim(s) as required by Article 4 of the General Conditions of the Contract and unless the detailed claim therefor is delivered to the Architect/Engineer and the Owner within 30 days following the notice. The detailed claim shall include:

.1 The date of the occurrence of the event giving rise to the claim and the date and manner of the Contractor's compliance with the notice requirements of Article 4 of the General Conditions of the Contract. .2 The reasons upon which the Contractor bases the claim, demonstrating thereby that the costs, liabilities or debts reflected in the claim are not already a part of the Contract and the Contractor's compensation under the Contract; and that specific relief is due the Contractor for the claim.

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8.5.2 The Architect/Engineer shall make a recommendation to the Owner within the time from provided in Paragraph 4.4 of the General Conditions after receipt of a claim. Copies of the Architect/Engineer's recommendation will be presented to the Contractor as well as the Owner. Unless the Architect/Engineer's recommendation is accepted by the Contractor, the Owner, the Architect/Engineer and the Contractor shall attempt to resolve the claim by following the procedures set forth in Article 4 of the General Conditions.

8.5.3 The Contractor shall carry on the Work and maintain the progress schedule during any administrative hearing or judicial proceeding unless otherwise agreed by the Contractor and the Owner in writing, and the Owner shall continue to make payments to the Contractor in accordance with the Contract Documents.

8.6 Harmony

8.6.1 The Contractor shall exert every reasonable and diligent effort to assure that all labor employed by the Contractor and the Subcontractors for Work on the Project shall work in harmony with and be compatible with all other labor being used on the site of the Project, representatives of the Architect/Engineer, and the Owner.

8.6.2 Contractor further agrees that this provision will be included in all subcontracts of the Subcontractor as well as in the Contractor's own contract; provided, however, that this provision shall not be interpreted or enforced so as to deny or abridge, on account of membership or non-membership in any labor union or labor organization, the right of any person to work as guaranteed by Article 1, Section 6 of the Florida Constitution.

8.7 Assignment of Antitrust Claims

8.7.1 The Contractor agrees that, after completion of all Work under this Contract and all amendments thereto and prior to final payment, the Contractor will execute and deliver to the Owner an Assignment of Antitrust Claims in the following form: (See Section H of the Project Manual)

8.7.2 The Contractor also agrees that prior to final payment, the Contractor will cause each of the suppliers and Subcontractors who have furnished services, goods or materials in connection with the performance of this Contract to execute and deliver to the Owner an Assignment of Antitrust Claims in the same form as specified in 8.7.1 hereinabove.

8.8 Public Entity Crime Warranty

8.8.1 As required by Section 287.133, Florida Statutes, the Contractor warrants that it is not on the convicted vendor list for a public entity crime committed within the past 36 months. The Contractor further warrants that it will neither utilize the services of, nor contract with, any supplier, subcontractor, or consultant in excess of $25,000 in connection with this Project for a period of 36 months from the date of their being placed on the convicted vendor list.

ARTICLE 9. CERTIFICATE OF CONTRACT COMPLETION 9.1 The Contractor's application for final payment shall be accompanied by a completed and notarized "Certificate of Contract Completion".

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IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the date first written above. * * * * * * * CONTRACTOR * * * * * * * CONTRACTOR NAME Attest: _________________________________ By:______________________________ (Name, Title and Corporate Seal) NAME TITLE

As Witnessed by: Date:____________________________

_________________________________ * * * * * * * * * * * OWNER * * * * * * * * * * *

University of South Florida Board of Trustees A Public Body Corporate

As Witnessed By: By:_______________________________

____________________________________ James A. Hyatt Senior Vice President for Business & Finance and CFO University of South Florida

Date:_____________________________

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UNIVERSITY OF SOUTH FLORIDA CERTIFICATE OF SUBSTANTIAL COMPLETION Project: _________________________________ USF Project No.: __________________________________ Date of Substantial Completion: ___________________________________ The Work, or portion of the Work identified on an attachment hereto, performed under the Contract, dated ______________________ between the University of South Florida Board of Trustees, a public body corporate, Owner, and _____________________________, Contractor, for the construction of ________________________________, was inspected and found to be substantially completed as of _________________________________. The Date of Substantial Completion of the Work or designated portion thereof is the date certified by the Architect/Engineer when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it was intended. A list of items to be completed or corrected is appended hereto. This list may not be exhaustive and the failure to include an item on it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents, including authorized changes thereto. The Contractor shall complete or correct the Work on the list of items appended hereto within _________ calendar days from the Date of Substantial Completion. Owner assumed or will assume full possession and responsibility for security of the facility above described on ________________________________________________. The responsibility of the Contractor to provide utilities shall cease on the date the Architect/Engineer determines the Work to have been substantially completed in accordance with the requirements of the Contract Documents. On the date so established by the Architect/Engineer as the date of Substantial Completion of the project, or beneficial occupancy, whichever comes first, the one-year warranty shall commence running. All insurance coverages shall continue in force as provided by the Contract Documents. ________________________________________ By______________________________ ARCHITECT/ENGINEER (Firm) Authorized Representative ________________________________________ By: ______________________________ CONTRACTOR (Firm) Authorized Representative ______________________________________ _____________________________________ Trudie E. Frecker Director Acting Executive Vice President and USF Facilities Planning and Construction Chief Financial Officer

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UNIVERSITY OF SOUTH FLORIDA

CERTIFICATE OF CONTRACT COMPLETION

Project: Project No: Contractor: Contract Date: Contract Amount: $_____________

CONTRACTOR’S AFFIDAVIT I solemnly swear and affirm: That the Work under the above named Contract has been completed in accordance with the requirements of said Contract; that all costs incurred for equipment, materials, labor, and services against the Project have been paid; that no liens have been attached against the Project; that no suits are pending by reason of Work on the Project under the Contract; that all Workers’ Compensation claims are covered by Workers’ Compensation insurance as required by law; that all public liability claims are adequately covered by insurance, and that the Contractor shall save, protect, defend, indemnify, and hold the Owner harmless from and against any and all claims which arise as a direct or indirect result of any transaction, event, occurrence, or omission related to performance of the Work contemplated under said Contract. CONTRACTOR: _______________________________(SEAL) TITLE: ______________________ DATE: _________________________ STATE OF: COUNTY OF: Personally appeared before me this ________ day of _________________________________ _______________________________, known (or made known) to me to be the ____________________________________________________________________________ (Owner) (Partner) (Corporate Officer-Title) ____________________________________________________________________________ Contractor(s), who, being by me duly sworn, subscribed to the foregoing affidavit in my presence. _____________________________________ (Notary Public) (Type Name): My Commission Expires: _________________

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UNIVERSITY OF SOUTH FLORIDA

CERTIFICATE OF CONTRACT COMPLETION Project: Project No: Contractor: Contract Date: Contract Amount: $_____________

CERTIFICATE OF ARCHITECT/ENGINEER I CERTIFY: That, to the best of my knowledge and belief, the Work under the Owner-Contractor Agreement by and between the University of South Florida Board of Trustees, a public body corporate, Owner, and ______________________________________, dated _____________, has been satisfactorily completed under the terms of the Contract; that the Work is recommended for occupancy by the Owner; and that the Contractor has submitted a sworn affidavit as evidence that the Contractor has paid all labor, materials and other charges against the Project in accordance with the terms of the Contract. A/E FIRM NAME: DATE: ______________________ BY: _______________________________

CERTIFICATE OF ACCEPTANCE BY UNIVERSITY OF SOUTH FLORIDA THIS IS TO CERTIFY: That, based upon the statements made in the above affidavit and certificate, the Work is hereby accepted as completed for occupancy, operation and maintenance. University: ________________________ By: _________________________ Date:______________________ Title: _________________________ (Authorized Representative)

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ASSIGNMENT OF ANTITRUST CLAIMS

Upon receiving award of Contract, the Contractor agrees to execute the following Assignment:

For and in recognition of good and valuable consideration, receipt of which is hereby acknowledged, ______________________________________________________________________________________________,

(Company Name) acting herein by and through _____________________________________________________________________,

(Authorized Individual’s Name) its ___________________________________________________________________________________________,

(Title of Authorized Individual whose signature appears below) and duly authorized agent, hereby conveys, sells, assigns, and transfers to the State of Florida all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the State of Florida for price fixing, relating to the particular goods or services purchased or acquired by the State of Florida pursuant to _________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________.

(State Contract Name, Number, Etc.) PLACE SEAL HERE

By:__________________________________________ As Witnessed By: Date:_______________________________________ __________________________________ ___________________________________________

(Company Name)

Page 98 of 106 Pages June 10, 2005

CERTIFICATE OF NON-SEGREGATED FACILITIES We, ____________________________________________________ (Company) certify that we do not and will not maintain or provide for our employees any segregated facilities at any of our establishments, and that we do not and will not permit our employees to perform their services at any location, under our control, where segregated facilities are maintained. We understand and agree that breach of this Certification is a violation of the Equal Opportunity Clause required by Executive Order 11246, amended. As used in this Certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom or otherwise. We further agree that (except where we have obtained identical certifications from proposed Subcontractors for specific time periods), we will obtain identical certifications from proposed Subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that we will retain such certification in our files; and that we will forward the following notice to such proposed Subcontractors (except where the proposed Subcontractors have submitted identical certifications for specific time periods.) NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON-SEGREGATED FACILITIES. A certification of non-segregated facilities as required by the 9 May 1967 order on Elimination of Segregated Facilities, by the Secretary of Labor (32 Fed. Reg. 7439, 19 May 1967), must be submitted from the provisions either for each subcontract or for all subcontracts during a period (i.e. quarterly, semi-annually, or annually). NOTE: Whoever knowingly and willfully makes any false, fictitious or fraudulent representation may be liable to criminal prosecution under 18 U.S.C. 1001.

____________________________________________ (Name of Company)

By: ____________________________________________

Date:__________________________ Title: ____________________________________________

Page 99 of 106 Pages June 10, 2005

UNIVERSITY OF SOUTH FLORIDA CONSTRUCTION CONTRACT CHANGE ORDER

Change Number: _________________________________ Date: ____________________________ Project Name: _________________________________ Project Number: USF NO. ___________ Architect/Engineer __________________________________ A/E Job Number: ___________________ To (Contractor): _______________________________________________________________________ _______________________________________________________________________ Your proposal dated _________________ has been accepted for making the following changes: DESCRIPTION OF CHANGE

DECREASE

INCREASE

(Attach additional sheets if required) NOTICE TO PROCEED DATE: ORIGINAL CONTRACT SUM: ________________________ _______________________

Contract Time Days Complete* Subtotal

Present Contract New (Add) (Deduct)

This Change Present Contract Sum

New Contract Time New Contract Sum

*SUBSTANTIAL COMPLETION DATE This Change Order is an amendment to the Owner-Contractor Agreement, and all contract provisions shall apply unless specifically exempted. The amount and time Change designated are the maximum agreed to by both the Owner and the Contractor for this change. In consideration of the foregoing adjustments in Contract Time and Contract Sum, the Contractor hereby releases Owner from all Claims, demands, or causes of action arising out of the transactions, events and occurrences giving rise to this Change Order. This written Change Order is the entire agreement between Owner and Contractor with respect to this Change Order. No other agreement or modification shall apply to this contract amendment unless expressly provided herein. AGREED _______________________________________ __________ CONTRACTOR DATE _______________________________________ __________ ARCHITECT/ENGINEER DATE _______________________________________ __________ PRESIDENT OR DESIGNEE DATE

Page 100 of 106 Pages June 10, 2005

UNIVERSITY OF SOUTH FLORIDA CONSTRUCTION CONTRACT CHANGE ORDER JUSTIFICATION FORM

Architect/Engineer shall supply Change No: __________________________ all of the following information USF Project No: ______________________ Project is _________% complete Project is __________% ahead of schedule. as of ___________________. Project is __________% behind schedule. (Date) NECESSITY AND JUSTIFICATION FOR CHANGE: Change initiated by: Owner ________________ A/E: ________________ Contractor: ________________ University has confirmed funds for change are available: Yes ____________ No ____________

Give the following information for each item: NECESSITY – Why is this Change Order necessary? RESPONSIBILITY – Who has necessitated this Change Order? ORIGINAL CONTRACT – Why was this condition not considered in the original Contract Documents? PAYMENT – Who is going to pay for the change if the liability rests with party/parties other than the Owner?

EXPLANATION – Supply a detailed explanation of each item to be performed in this Change Order. This must be a complete statement of labor and material.

JUSTIFICATION – Supply a complete justification for this work in a clear and concise summary statement. EFFECT ON PROJECT – Operation, maintenance, space and size. Architect/Engineer hereby certifies that no costs are included for corrective work made necessary by error or fault attributable to Architect/Engineer. _________________________________________________________ Signature Date: ____________________________________________________

Page 101 of 106 Pages June 10, 2005

UNIVERSITY OF SOUTH FLORIDA CONSTRUCTION CHANGE DIRECTIVE Change No: ______________________________________________ Date: ______________________ Project: _________________________________________________ Project No: __________________ Architect/Engineer: ________________________________________ A/E Job No: _________________ To (Contractor): _________________________________________________________________________ _________________________________________________________________________ You are hereby directed to make the following change(s) in this Contract: DESCRIPTION OF PROPOSED CHANGE DECREASE INCREASE (Describe the basis of adjustment to Contract Sum, and include Change Order Justification Form. Attach additional sheets if required.) NOTICE TO PROCEED DATE: ORIGINAL CONTRACT SUM: _________________________ _______________________

Contract Time Days Complete* Subtotal Present Contract New (Add) (Deduct) This Change Present Contract Sum New Contract Time New Contract Sum *Substantial Completion Date When signed by the Owner and Architect/Engineer and received by the Contractor, this document becomes effective IMMEDIATELY as a Construction Change Directive (CCD), and the Contractor shall proceed with the change(s) described above.

AGREED

_________________________________________________ _____________________ ARCHITECT/ENGINEER DATE _________________________________________________ _____________________ PRESIDENT OR DESIGNEE DATE Signature by the Contractor indicates the Contractor’s agreement with the proposed adjustments in Contract Sum and Contract Time set forth in this Construction Change Directive, and this Construction Change Directive becomes a change order to the Owner-Contractor Agreement. ________________________________________________ ____________________ CONTRACTOR DATE

Page 102 of 106 Pages June 10, 2005

SCHEDULE CONTRACT VALUES

ACCOMPANYING APPLICATION FOR PAYMENT NO. _________________________________________________________ PROJECT NAME, LOCATION AND NUMBER: ________________________________________________________________ CONTRACTOR: ________________________________________________________________________________________

Item Unit

Quantity

Material

Labor Contract Value

Amount Requested

/Approved to Date

Amounted Requested This Pay

Total Completed

to Date

% Complete

Uncompleted Balance

Retainage

Page 103 of 106 Pages June 10, 2005

University of South Florida

PAYMENT REQUISTION ROUTING SLIP

Payment Request No: _____________________________________________________________________ State Project No: _____________________________________________________________________ Project Name: _____________________________________________________________________ _____________________________________________________________________ Contractor: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ The attached requisition for payment represents a sizable sum of money which is due and payable. Therefore, each recipient is requested to act promptly in handling, to record dates as indicated below, and maintain a record of action. CONTRACTOR: Attach routing slip to requisition. UNIVERSITY FISCAL: Remove and retain routing slip until warrant is transmitted to contractor. Then mail original to University Project Manager so that he will know payment has been made. Date Received Initial Date Transmitted Initial CONTRACTOR (Prepare Request)

ARCHITECT/ENGINEER (Check and Approve)

UNIVERSITY PROJECT MANAGER (Approve)

UNIVERSITY FISCAL WARRANT TO CONTRACTOR ORIGINAL TO UNIVERSITY MANAGER

Page 104 of 106 Pages June 10, 2005

UNIVERSITY OF SOUTH FLORIDA CERTIFICATE OF PARTIAL PAYMENT

Application No: ____________ A/E Job No: ____________ Project No: ____________ Project : ___________________________________________________________________________________ __________________________________________________________________________________________ Contractor: ________________________________________________________________________________ __________________________________________________________________________________________ Contract Time (calendar days): ______________ No. of Days Elapsed to Date: ______________ Additions Deductions Change Orders Approved to Date $ $ Net Amount of Change Orders ORIGINAL CONTRACT SUM $ __________________________ ADJUSTED CONTRACT SUM __________________________ BALANCE TO FINISH __________________________ COMPLETED TO DATE __________________________ MATERIALS STORED __________________________ TOTAL COMPLETED AND STORED __________________________ LESS RETAINAGE ( %) __________________________ TOTAL $ __________________________ LESS PREVIOUS PAYMENTS __________________________ AMOUNT THIS CERTIFICATE $ __________________________ CERTIFICATION BY CONTRACTOR: According to the best of my knowledge and belief, I certify that all items and amounts shown on the face of this Application are correct, that all Work has been performed and material supplied in full accordance with the terms and conditions of the Contract, and that all just and lawful bills against me and my Subcontractors for labor and equipment employed in the performance of this Contract have been paid in full in accordance with the terms and conditions. I further certify that all Subcontractors providing service for the Work are licensed according to the requirements of the State of Florida. Date: __________________________ Contractor: _____________________________________________________ STATE OF FLORIDA, COUNTY OF ________________________________ Subscribed and sworn before me this ___________________ day of ___________________________________ 20 ____. Notary Public: __________________________________________ Commissions Expires: _________________________ CERTIFICATION OF ARTCHITECT/ENGINEER: I certify that I have checked and verified this Progress Payment Application; that to the best of my knowledge and belief the above application is a true statement of the value of the Work performed and the materials suitably stored on the site; that all Work and materials included in this Certificate have been observed by me or by my authorized assistants; that all Work has been performed and materials supplied in full accordance with the terms of this Contract, and I approve for payment the amount noted above. Date: __________________________ _____________________________________________________ Architect/Engineer REVIEWED AND RECOMMEND FOR PAYMENT BY OWNER’S REPRESENTATIVE Date: __________________________ _____________________________________________________

Page 105 of 106 Pages June 10, 2005

(INSERT USF SIGN LAYOUT “pdf” file)

Page 106 of 106 Pages June 10, 2005

I. SPECIAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

(Note to Architect/Engineer – This section is established for the inclusion of non-typical, non-technical items which, in the opinion of the Architect/Engineer, will require written clarification or instruction in connection with a specific project. If one of more of the following items are totally, partially or not at all applicable to a particular project, it/they may be included, modified or deleted by the Architect/Engineer.)

TABLE OF ARTICLES

1. Minority Business Enterprise Report 2. Special Requirements for Threshold Buildings 3. USF Building Code Administration Program 4. Special Pre-qualification Requirements 5. Construction Facilities 6. Telephone 7. Water 8. Electricity 9. Project Sign 10. Pre-construction Conference 11. Building Permits 12. Project Drawings – Copies Furnished to Contractors 13. Building Plaque

ARTICLE 1 MINORITY BUSINESS ENTERPRISE REPORT

1.1 The University of South Florida is an equal opportunity institution, and, as such, strongly encourages the lawful use of certified Minority and Women-owned Business Enterprises (“MBEs”) in the provision of design and construction-related services by providing a fair and equal opportunity to compete for, or for participation in, design and/or construction-related services. 1.2 MBE participation information for this project shall be provided by the Contractor in response to a request from the University’s Supplier Diversity Coordinator’s Office. The amount of MBE participation is required to be reported by USF to verify payments made to certified and non-certified Minority Business Enterprises each fiscal year. 1..3 The USF Supplier Diversity Coordinator, USF Purchasing and Financial Services, (813) 974-3292, may be contacted to obtain information on Minority and Women-owned Business Enterprises. ARTICLE 2 SPECIAL REQUIREMENTS FOR THRESHOLD BUILDINGS 2.1 STRUCTURAL INSPECTION PLAN Chapter 553, Florida Statutes, defines a “Threshold Building” as “any building which is greater than three stories or 50 feet in height, or which has an assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content greater than 500 persons.” For such buildings the Contractor shall request from the Owner a structural inspection plan prepared by the Architect/Engineer prior to proceeding with the requirements of a Notice to Proceed, and issuance of a building permit. Usually this structural inspection plan will accompany the Notice to Proceed from the Owner. The structural inspection plan shall provide specific inspection procedures and schedules to assure compliance with the permitted plans. I I

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2.2 SHORING AND RESHORING AND INSPECTION For a threshold building the Contractor shall provide or shall require his Subcontractor to provide, plans prepared by an engineer licensed to practice in Florida and retained by the Contractor or his Subcontractor for the preparation of plans for the shoring and the reshoring of the Work. These plans shall be filed with the Owner prior to the shoring or reshoring of the Work. Section 553.79(8), Florida Statutes, identifies the Contractor’s responsibilities as: “The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management, and control of the construction activities on the project for which the building permit was issued.” The Contractor shall notify the special inspector when the shoring is ready for inspection for conformance with the shoring and reshoring plans submitted to the Owner; however, such inspection shall not relieve the Contractor from responsibilities under Section 553.79(8), Florida Statutes. ARTICLE 3

USF BUILDING CODE ADMINISTRATION PROGRAM

3.1 USF BUILDING CODE ADMINISTRATION PROGRAM 3.1.1 The Contractor shall comply with, and adhere to, the requirements of the USF Building Code Administration Program. The following is the USF Building Code Administration Program Policies and Procedures Manual. The cost of the building permit fee and the State Fire Marshal permit fee shall be paid by the University. I I

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Building Code Administration Program

Policies and Procedures

Manual

USF FACILITIES PLANNING & CONSTRUCTION I I

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CONTENTS BUILDING CODE ADMINISTRATION PROGRAM ………………………………..2-2

A. Policy……………………………………………………………………….2-2 B. Purpose……………………………………………………………………..2-2 C. Authority……………………………………………………………………2-2 D. Responsibilities…………………………………………………………….2-4 E. Procedures ………………………………………………………… ..4-5e F. Definitions……………………………………………………………..5-5 G. Fee Schedule and Fee Sample Calculations …………………………. 6-7 H. Applicable Codes and Standards…………………………………… 8-8

BUILDING CODE ADMINISTRATION PROGRAM

A. POLICY (USF #6—019) Florida law and regulations require that all new buildings constructed, and modifications to existing buildings, be reviewed and inspected for compliance with adopted building codes and standards. The policy requires that all University entities, conducting building construction, repair, or modifications on University-owned property, submit construction documents (drawings and/or specifications) for review, obtain a building permit (see forms) for construction, which, after proper inspection and completion, is certified for occupancy, re-occupancy, or completion. Maintenance projects, not requiring code compliance, such as painting, flooring, equipment replacement, minor repairs, etc. are exempt from the code permitting process; if in doubt, consult with the Building Code Administrator.

B. PURPOSE The purpose of this Program is to establish and implement Building Code Administration for the University of South Florida Capital Improvement Program. Such regulated practice of building code compliance is necessary, in the interest of public health and safety, which shall be provided through compliance of all adopted codes and standards. The Program will be administered by the Building Code Administrator, through document reviews and construction inspections.

C. AUTHORITY Building Code Administration is required by F.S. Sect. 240.209, regulated by F.S. Chapter 553 Part VII, and delegated by F.A.C. Rule 6C-14.020(2). Categories of code administration personnel are established in F.S. Chapter 468 Part XII. I I

Page I-4 of I-24 Pages June 10, 2005

D. RESPONSIBILITIES 1. FP&C DIVISION OF QUALITY ASSURANCE (FP&C QA) BUILDING CODE ADMINISTRATOR (BCA) A Building Code Administrator has been appointed to manage the Building Code Administration Program. The Building Code Administrator is certified by the Council of American Building Officials and licensed by the Department of Professional Regulation as a Building Official. The Building Code Administrator administers, for code compliance, the document reviews and construction inspection process. FP&C QA reviews construction documents for compliance with adopted codes and standards. After reviewing the documents, comments, if any, are returned with appropriate references. A ‘letter of code compliance’ (see forms) is issued after final review and approval of 100% construction documents and upon resolution of all outstanding comments. The General Contractor (GC) or the Construction Manager (CM) or the Project Manager (PM) submits to the BCA a request for a building permit.

BUILDING CODE ADMINISTRATION PROGRAM CONT.

A building permit is issued to the GC or the CM or the PM upon satisfactory completion of the application process and receipt and review of all necessary documents (see flow chart). The BCA, in conjunction with the GC or CM, develops a ‘construction inspection schedule’ (see forms) to facilitate appropriate inspections, to coincide with the project construction schedule. The building inspector (BI) performs construction inspections in accordance with the established inspection schedule (this requires two business days for scheduling). For example, an inspection request that is submitted by 3:00 p.m. on Monday, will be performed on Wednesday; received by 3:00 p.m. on Thursday, will be performed on Monday. The request must be submitted before 3:00 p.m. in order to have the inspection performed within the next two business days. If the inspection is received after 3:00 p.m., the two-day turn around time will begin the next day (received at 4:00 p.m. on Monday, the inspection will take place Thursday). Prior to occupancy of a new building or re-occupancy or completion of a renovated building or portions thereof, the BCA issues a ‘certificate of occupancy or re-occupancy or completion’ (see forms). The certificate of occupancy or re-occupancy or completion states that the new or renovated building or portions thereof are complete, constructed in accordance with the construction documents, and meet the minimum code requirements at the time of issuance of the building permit. The State Fire Marshal and other required University entities must inspect and certify that the new or renovated building or portions thereof are substantially complete, prior to occupancy or re-occupancy or completion. Fees (see fee schedule) for these services are borne by the project and are billed directly to the appropriate construction account. 2. DESIGN PROFESSIONALS (A/Es) Design professionals are responsible for the design of the project in accordance with the appropriate adopted codes and standards. FP&C QA reviews the project documents at the completion of the following phases for major projects: program (PRO), conceptual schematic I

Page I-5 of I-24 Pages June 10, 2005

design (CSD), advanced schematic design (ASD), design development (DD), 50% construction documents (50% CD’s), 100% construction documents (100% CD’s). A major project shall be defined as a project with a construction cost greater than $1,000,000. All other projects will be reviewed at the 100% construction documents. A ‘letter of code compliance,’ stating that the building documents comply with all current adopted code requirements, will be issued by the design professionals, after all outstanding comments have been resolved, and prior to the issuance of the building permit. If the level of work requires the involvement of a design professional as described in Chapter 471 and Chapter 481 of the Florida Statutes, the construction documents must be signed and sealed by the architect and engineers of record. 3. GENERAL CONTRACTORS/CONSTRUCTION MANAGERS The General Contractor/Construction Manager (GC/CM), applies for the permit. At the time of application for a permit, the GC/CM provides three sets of sealed and signed construction documents and specifications, a list of all subcontractors with appropriate license numbers, and the ‘letter of code compliance’ indicating the documents have been reviewed by FP&C QA and all outstanding items have been resolved. A building permit is issued after these items have been reviewed and approved by the Building Code Administrator. One of the submitted sets of plans and specifications will be returned with the building permit and will be stamped ‘Reviewed for Code Compliance.’ This set of documents will be kept on site for use by the inspectors.

BUILDING CODE ADMINISTRATION PROGRAM CONT. The GC/CM meets with the Building Code Administrator to develop a building inspection schedule. The GC/CM is responsible for scheduling all required inspections in accordance with the plan developed (two business days turn around time required between when inspection is requested and completed to allow for scheduling). At substantial completion, the GC/CM requests a certificate of occupancy or re-occupancy or completion. 4. UNIVERSITY DEPTS. PROVIDING CONSTRUCTION/MAINTENANCE SERVICES Any University Department/Division providing construction/maintenance services for either themselves or another University entity is required to obtain a building permit, and pay a fee, as specified herein. E. PROCEDURES Design: • Design professionals prepare construction documents in accordance with all applicable Codes. • FP&C QA review such documents for code compliance and returns ‘comments’ or a ‘letter of code

compliance’ as applicable. I I

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Building Permit: • The GC or CM or PM applies for a ‘building permit’ with the proper fee and three sets of sealed and

signed construction documents. • The BCA submits the three sets of sealed and signed construction documents to the State Fire Marshal

(SFM), with two sets to be returned to the BCA. These will become the record set and the contractor’s set with the permit.

• Five sets of fire alarm and/or sprinkler shop drawings need to be submitted to the BCA who will send to

the SFM. • The BCA reviews the ‘building permit’ application and issues a permit, if all information submitted is

acceptable and complete: Permit Application with proper fee, three Sets of sealed and signed Construction Documents, Letter of Code Compliance, all applicable Permits (SFM, SWFMD, Water, Sanitary, Fuel Tanks, FEMA, Threshold, etc.).

• Payment of fees required prior to issuance of permit. Construction: • The BCA and the GC/CM develop a ‘construction inspection schedule.’ • The GC or CM requests, and FP&C QA performs inspections, in accordance with the inspection

schedule. • Any changes to the permitted construction documents, after review and approval by the consultant, are

to be reviewed and approved by the BCA. • All shop drawings for Sprinkler Systems and Fire Alarms, after review by the consultant, are to be

submitted to the BCA for review and submission to the SFM (three sets). • SFM inspections are to be coordinated through the BCA. • When construction is ‘substantially completed’ and all required inspections performed, the BCA issues

the appropriate ‘certificate of occupancy or re-occupancy or completion.’

F. DEFINITIONS

Construction Documents = Drawings and/or Specifications. Modification = Any new addition to or renovation of an existing building or any part of.

FPC DOCUMENTS REVIEW PROCESS

05/05/03 Process to get Major or Minor Documents reviewed:

• Project Manager (PM) receives eight (8) full size (24” x 36” maximum size for minors), or two full

size and six half-size review documents, and one CD with AutoCAD files via regular mail, UPS, courier, etc.

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June 10, 2005

o Receptionist to log in when received and when forwarded to PM (should be the same day).

o PM prepares Construction Documents Request for Review Intake Data Sheet (see Page 5e) requesting action and forwards the documents to the Plans Review Room (FPC 124), (Intake area) and informs the Building Code Administrative Assistant (BCAA) that they are ready for distribution – who, again, will log this action into tracking spreadsheet.

• BCAA Action:

o Once plans and sign-up sheet are hung in FPC 124, prepare an email notice for document review. There is a standard list used for various types of projects with subgroups/contacts that have already been compiled.

o Include in email notification deadline date to recipients (Noon, two weeks from date plans

were received by BCAP when received by noon. Otherwise, the two-week review process begins the next day).

o Distribute original documents to:

FPC Civil Engineer – half size FPC Mechanical Engineer – half size FPC Electrical Engineer – half size FPC Construction Coordinator – half size FPC Landscape/Interiors – half size (split set) BCA – half size Plans Review Room (FPC 124) – full size Physical Plant (Facilities Enhancement) – full size CD to Jim Neighbours

BCAA receives comments via email (both PM and BCA receive a copy of these emails). After receipt of these comments,

the BCAA integrates into one Code Compliance Letter that will be given to the PM and BCA for editing. The Code Compliance Letter will then be signed by the BCA and PM. The PM will then send the completed letter to the design team and contractor.

o Tracking and filing of review comments is essential. o BCA keeps one set of plans in the Plans Review Room for storage, (make certain document

is labeled).

o Document storage upkeep.

Major Projects Review:

Review at following phases of project: • Program • Conceptual Schematic Design – 8 sets • Advanced Schematic Design – 8 sets • Design Development – 8 sets • GMP Submittal – 8 sets

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June 10, 2005

• 50% Construction Documents – 8 sets • 100% Construction Documents – 8 sets (with Consultant’s Letter of Code Compliance) See

USF Design Guidelines 01061.5.2 • Final Permit Construction Documents – signed and sealed (3) • Construction Revisions – signed and sealed (3) • SIZE OF PLAN SHEETS SHOULD BE 30” x 42” (maximum)

a. All comments must be addressed at the next review by the design team and shall be

included in letterform to ease in tracking changes.

b. Documents considered 100% will be submitted for review and need not be signed and sealed. Only after comments, made during review are incorporated, will the final permit set, signed and sealed, be created and submitted including the comments. Only then will permit be issued. State Fire Marshal Approval may add 30 days to issuance of permit. Only the permit set of signed and sealed documents will be sent to the SFM office.

c. Issuance of a Building Permit will be contingent upon compliance with all applicable

permits (i.e. SWFMD, EPC, County Health Department, State Fire Marshal, etc.).

d. All comments will be directed to the BCAA with a copy to the BCA and PM. The BCAA will incorporate all comments into one Code Compliance Letter (PM and BCA to edit and co-sign) before forwarding to design team and contractor. This will give the format for response.

e. Include in all submittals a full set of Life Safety Code compliance and Building Code compliance information.

f. “Type of Construction” will be included in DD’s and beyond. g. Any schedule requests to change the above process shall be submitted in writing for

approval.

Minor Projects Review:

Review at following phases of project: • Program • Conceptual Schematic Design – 8 sets • Advanced Schematic Design – 8 sets • Design Development – 8 sets • GMP Submittal – 8 sets • 80% Construction Documents – 8 sets • 100% Construction Documents – 8 sets (with Consultant’s Letter of Code Compliance) See

USF Design Guidelines 01061.5.2 • Final Permit Construction Documents – signed and sealed (3) • Construction Revisions – signed and sealed (3) • SIZE OF PLAN SHEETS SHOULD BE 24” x 36” (maximum)

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a. Space Impact Request Approval will indicate the conditions of approval and may include Building Permit requirements.

b. Review of the Construction Documents is required for any project involving a Building Permit. Architect will sign and seal documents if construction cost is over $25,000 on any one building. Engineer signed and sealed drawings are required if engineering work is over $10,000 or changes to HVAC on systems over 10 tons. Refer to Florida Statutes for specific compliance requirements.

c. Review of Documents will be two weeks from the time they are received by the Building Code Administration Program (BCAP). Only under extreme circumstances will this time frame be reduced.

d. Documents for Minor projects should be reviewed at 80% and then again at 100% to assure that the design is properly meeting USF Standards and Code requirements.

e. Documents considered 100% will be submitted for review and need not be signed and sealed. Only after comments, made during review are incorporated, will the permit set be created, including the comments. Only then will permit be issued. State Fire Marshal Approval, when required, may add 30 days to issuance of permit. Only the permit set of signed and sealed documents will be sent to the SFM office.

f. A response letter from the design team regarding how the comments were addressed in the documents is required.

g. Issuance of a Building Permit will be contingent upon compliance with all applicable permits (i.e. SWFMD, EPC, County Health Department, and State Fire Marshal).

h. All comments will be directed to the BCAA with a copy to the BCA and PM. The BCAA

will incorporate all comments into one Code Compliance Letter and submit to PM and BCA for editing and signature. The PM will then forward the completed Code Compliance Letter to the design team and contractor. This will give the format for response.

i. Include in documents a small-scale, full building floor plan, to indicate the exact location of the project, exiting travel distances, and common path of travel for Life Safety Code compliance and general information.

Minor Projects not meeting requirements of Item b above a. Construction Documents will be included with the Building Permit Application by

Contractor or PM. A scope-of-work description will be included as to limits of work to be performed.

o The BCA will communicate such description to the document reviewers as necessary. This may be emailed in PDF format. This will only serve as notification. Any concerns at this time should be directed to BCA for follow up during construction and inspection.

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Minor Projects BCA Procedure: Prior to, or during, the design development or budget development, the Project Manager is to request a code review of the existing space. The proposed design shall then include any code issues with the original design scope. This will improve budget estimating and real cost estimating.

STAND UP REVIEW:

When desired, a stand up review to meet and discuss issues can be arranged. The following is what is expected of ALL who participate:

• Documents received for review need to be received a minimum of one week prior to the date of the stand up review.

• Any questions and comments during the stand up will be written and relayed to USF by the design team with

response.

• USF reviewers will give, in writing, their comments on this project. They may be handwritten, and have been edited during stand up as to how design team answered. This protects your comment from being forgotten. Copies may be distributed at end of meeting to facilitate the answering of all comments by all concerned.

Code Questions:

Any code-related questions, and approval of such, should not be by phone conversation only. Follow up documentation and subsequent answers shall be in writing.

Other Permitting:

SWFWMD; Health Department; EPC; etc. that require signatures and tracking of the compliance with other regulatory agencies shall be submitted through the BCA for tracking and compliance. Only documents reviewed and approved by USF shall be submitted for processing. A copy of all plans, applications, letters, and documentation shall be submitted to the other regulatory agencies and shall be provided for USF record keeping. Only complete applications shall be given to assure compliance with USF guidelines and project requirements.

Key to Abbreviations

BCAP = Building Code Administration Program BCA = Building Code Administrator (Roy Clark) BCAA = Building Code Administrative Assistant (Beth Casey) PM = Project Manager

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Construction Documents Request for Review Intake Data Sheet Project Name: Location (i.e. Bldg. Abbreviation, Room#, Bldg.#): Description: Project Number: Phase: ( ) Pro ( ) CSD ( ) ASD ( ) DD ( ) 50% CD’s ( ) 100% CD’s Other: Date of Documents: Date Received by PM: Date of Transmittal to BCA: Date Review to End (2 weeks): PM: CC: Construction Budget: GMP $ Building Cost Only: $ (Less Infrastructure, landscaping, parking, etc.) Account Number to be billed for fees: Contractor: Design Team Contact: Where to send completed review comments: Expected Schedule: Start of Construction: End of Construction:

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BUILDING CODE ADMINISTRATION PROGRAM CONT.

G. FEE SCHEDULE

(REFERENCE: STANDARD BUILDING CODE 1997, APPENDIX B RECOMMENDED SCHEDULE OF PERMIT FEES)

Less than $5,000 No fee, unless life safety code compliance required, in which case a $50.00 flat fee shall be charged. $5,000 to $50,000 $52.50 for the first $5,000 plus $7.50 for each additional thousand or fraction thereof, to and including $50,000.00. $50,000 to$100,000 $390.00 for the first $50,000.00 plus $6.00 for each additional thousand or fraction thereof, to and including $100,000.00. $100,000 to $500,000 $690.00 for the first $100,000.00 plus $4.50 for each additional thousand or fraction thereof, to and including $500,000.00. $500,000 and up $2,490.00 for the first $500,000.00 plus $3.00 for each additional thousand or fraction thereof. I I

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CONSTRUCTION COST FEE

BUILDING CODE ADMINISTRATION PROGRAM CONT. FEE SAMPLE CALCULATIONS

(ADJUST PER THOUSAND ACCORDINGLY)

CONSTRUCTION COST FEE RANGE (%)

$ 5,000 to $ 10,000…………………………………$ 52.50 to $ 90.00 (.90%) $ 10,000 to $ 20,000…………………………………$ 90.00 to $ 165.00 $ 20,000 to $ 30,000…………………………………$ 165.00 to $ 240.00 (.80%) $ 30,000 to $ 40,000…………………………………$ 240.00 to $ 315.00 $ 40,000 to $ 50,000…………………………………$ 315.00 to $ 390.00 $ 50,000 to $ 60,000…………………………………$ 390.00 to $ 450.00 $ 60,000 to $ 70,000…………………………………$ 450.00 to $ 510.00 $ 70,000 to $ 80,000…………………………………$ 510.00 to $ 570.00 $ 80,000 to $ 90,000…………………………………$ 570.00 to $ 630.00 (.70%) $ 90,000 to $ 100,000…………………………………$ 630.00 to $ 690.00 $ 100,000 to $ 200,000…………………………………$ 690.00 to $ 1,140.00 (.60%) $ 200,000 to $ 300,000…………………………………$ 1,140.00 to $ 1,590.00 $ 300,000 to $ 400,000…………………………………$ 1,590.00 to $ 2,040.00 $ 400,000 to $ 500,000…………………………………$ 2,040.00 to $ 2,490.00 (.50%) $ 500,000 to $ 600,000…………………………………$ 2,490.00 to $ 2,790.00 $ 600,000 to $ 700,000…………………………………$ 2,790.00 to $ 3,090.00 $ 700,000 to $ 800,000…………………………………$ 3,090.00 to $ 3,390.00 $ 800,000 to $ 900,000…………………………………$ 3,390.00 to $ 3,690.00 $ 900,000 to $ 1,000,000…………………………………$ 3,690.00 to $ 3,990.00 (.40%) $ 1,000,000 to $ 2,000,000…………………………………$ 3,990.00 to $ 6,990.00 $ 2,000,000 to $ 3,000,000…………………………………$ 6,990.00 to $ 9,990.00 $ 3,000,000 to $ 4,000,000…………………………………$ 9,990.00 to $ 12,990.00 $ 4,000,000 to $ 5,000,000…………………………………$ 12,990.00 to $ 15,990.00 $ 5,000,000 to $ 6,000,000…………………………………$ 15,990.00 to $ 18,990.00 $ 6,000,000 to $ 7,000,000…………………………………$ 18,990.00 to $ 21,990.00 $ 7,000,000 to $ 8,000,000…………………………………$ 21,990.00 to $ 24,990.00 $ 8,000,000 to $ 9,000,000…………………………………$ 24,990.00 to $ 27,990.00 $ 9,000,000 to $ 10,000,000…………………………………$ 27,990.00 to $ 30,990.00 $10,000,000 to $ 20,000,000…………………………………$ 30,990.00 to $ 60,990.00 $20,000,000 to $ 30,000,000…………………………………$ 60,990.00 to $ 99,990.00 $30,000,000 to $ 40,000,000…………………………………$ 99,990.00 to $120,990.00 $40,000,000 to $ 50,000,000…………………………………$120,990.00 to $150,990.00 (.30%) $50,000,000 to $ 60,000,000…………………………………$150,990.00 to $180,990.00 $60,000,000 to $ 70,000,000…………………………………$180,990.00 to $210,990.00 $70,000,000 to $ 80,000,000…………………………………$210,990.00 to $240,990.00 $80,000,000 to $ 90,000,000…………………………………$240,990.00 to $270,990.00 $90,000,000 to $100,000,000…………………………………$270,990.00 to $300,990.00 I

Page I-14 of I-24 Pages June 10, 2005

BUILDING CODE ADMINISTRATION PROGRAM CONT. H. APPLICABLE CODES AND STANDARDS The adopted Florida Building Code in effect at the time of permitting. The adopted Florida Fire Prevention Code in effect at the time of permitting. Applicable rules and laws of the State of Florida. I I

Page I-15 of I-24 Pages June 10, 2005

ARTICLE 4 SPEICAL PREQUALIFICATION REQUIREMENTS

The Contractor and his field staff shall have experience on previous projects similar in scope, complexity, and construction value. Evidence of experience shall be provided upon request of the Owner, and/or the Architect/Engineer.

ARTICLE 5

CONSTRUCTION FACILITIES

5.1 FIELD OFFICES 5.1.1 Contractor’s Field Office: Trailers may be used for field offices. The Contractor shall have a telephone installed in the Contractor’s office and shall permit business use of it to Subcontractors and other trades who shall reimburse the Contractor for such use if so directed by the Contractor. Trades or Subcontractors wishing to install their own telephone service may do so at their own expense. The Architect/Engineer shall be informed of the job telephone numbers and a directory of all trades shall be installed adjacent to the phone in the Contractor’s field office. The Contractor’s field office shall provide a meeting room space suitable to conduct the weekly progress meetings, including, but not limited to, a conference table, seating for a minimum of twelve (12) people, heated and air conditioned, and restroom facilities. 5.2 STORAGE AND WORK AREAS At the start of the operations the Contractor shall make arrangements with the Architect/Engineer’s Project Representative and the Owner’s authorized representative for the assignment of storage and work areas. During construction the Contractor shall maintain the areas in a neat condition.

5.3 SANITARY PROVISIONS The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of the Contractor’s and Architect/Engineer’s employees as may be necessary to comply with regulations of the State Board of Health, and the University requirements. ARTICLE 6

TELEPHONE

6.1 The Contractor shall be responsible for the installation of a telephone in the Contractor’s field office, and it shall remain until the full completion of the Work. Charges for long distance calls shall be paid for by the persons making the calls. All other charges in connection with the telephone shall be paid for by the Contractor. ARTICLE 7

WATER

7.1 Water necessary to carry out the Work and for testing its plumbing and mechanical systems shall be provided by the Owner. The Contractor shall make all connections, install a meter, take out and pay for all permits necessary, do all piping and clear away all evidence of same after the Work is completed. The Contractor shall assure that the water usage is utilized in a responsible manner with water conservation as a primary goal. ARTICLE 8

ELECTRICITY

8.1 All electricity for light and power necessary to carry out the Work and to test its electrical and mechanical systems shall be provided by the Owner. The Contractor shall make all connections, install the meter, obtain all necessary permits, and provide all work to provide the required electrical service for the construction of the project. The Contractor shall assure that use of electricity is in a responsible manner, with energy conservation as a primary goal. I I

Page I-16 of I-24 Pages June 10, 2005

8.2 TEMPORARY WIRING Wiring shall meet all safety requirements of the National Electric Code and local requirements. In addition, all wire shall be so sized that it is not overloaded according to the National Electric Code and O.S.H.A. Standards, and any wire used shall be fused to adequately protect that wire according to the most restrictive applicable Code. The Contractor shall have an adequate number of outlets and each outlet shall be properly and clearly labeled with the maximum voltage and fuse protection. Where temporary lighting is used, outlets shall consist of weatherproof sockets insulated and provided with a locking type wire guard. All devices shall be provided with ground-fault protection. ARTICLE 9

PROJECT SIGN

9.1 A sign shall be erected at the site by the Contractor and shall be ¾” x 4’-0” x 8’-0” exterior grade plywood, mounted on 4”’ x 4” wood posts (p.t.), located in a prominent location approved by the Architect/Engineer and Owner. The sign shall be painted in a professional manner and conform to the size, colors and design as illustrated in Section H of the Project Manual. ARTICLE 10

PRE-CONSTRUCTION CONFERENCE

10.1 Before beginning Work at the site the Contractor shall attend a pre-construction conference and be accompanied by the field staff employed for the Work. This conference will be scheduled by the Owner’s representative who will arrange for the Architect/Engineer, and other interested parties to be present. At this time all parties concerned will discuss the Work and prepare a program of procedure in keeping with requirements of the Contract Documents. The field staff shall thereafter make every effort to expeditiously coordinate all segments of the Work, including the required reporting procedure, to obtain the end result within the full purpose and intent of the plans and specifications for the Work. ARTICLE 11

BUILDING PERMITS

11.1 The Contractor shall comply with, and adhere to, the requirements of the USF Building Code Administration Program in obtaining Building Permits for the project. The cost of the building permit and the State Fire Marshal permit fee shall be paid by the University. The following forms are included as a part of the USF Building Code Administration Program requirements. I I

Page I-17 of I-24 Pages June 10, 2005

Administrative Services Facilities Planning & Construction Roy Clark, Building Code Administrator Building Code Administration Program

4202 E. Fowler Avenue, FPC110 Tampa, Florida 33620-7550

Telephone (813) 974-2625 Fax (813) 974-2465

Suncom 574-2625

BUILDING PERMIT APPLICATION

Applicant: Name: Date:

Mailing Address:

Phone Number: Fax Number:

Fla. Dept. of Business & Professional Regulation License No.

Qualifying Agent’s Name:

Qualifying Agent’s Signature:

Project:

Project Name: Project Number:

Project Location/Address:

Building Use: (Assembly) (Business) (Education) (Industrial) (Mercantile) (Residential) (Storage)

Occupancy Classification: Construction Type (SBC):

Building Area (sqft): Building Height:

$ Value of Work: Class of Work: (New) (Repair) (Alteration) (Addition) (Demolition)

Description of Work:

Univ. Project Manager: Univ. Department:

Architect/Engineer:

Name:

Mailing Address:

Phone Number: Fax Number: Equal Opportunity/Affirmative Action Institution

Page I-18 of I-24 Pages June 10, 2005

Administrative Services Facilities Planning & Construction Roy Clark, Building Code Administrator Building Code Administration Program

4202 E. Fowler Avenue, FPC110 Tampa, Florida 33620-7550

Telephone (813) 974-2625 Fax (813) 974-2465

Suncom 574-2625

PERMIT APPLICATION — SUBCONTRACTOR LIST Project:

Building Subcontractor Name:

Trade(s):

Mailing Address:

Phone Number: Fax Number:

Fla. Dept. of Business & Professional Regulation License No.

Qualifying Agent’s Signature: _____________________________________________

Electric Subcontractor Name:

Mailing Address:

Phone Number: Fax Number:

Fla. Dept. of Business & Professional Regulation License No.

Qualifying Agent’s Name:

Qualifying Agent’s Signature: _____________________________________________

Plumbing Subcontractor Name:

Mailing Address:

Phone Number: Fax Number:

Fla. Dept. of Business & Professional Regulation License No.

Qualifying Agent’s Name:

Qualifying Agent’s Signature: _____________________________________________

Mechanical Subcontractor Name:

Mailing Address:

Phone Number: Fax Number:

Fla. Dept. of Business & Professional Regulation License No.

Qualifying Agent’s Name:

Qualifying Agent’s Signature: Page I-19 of I-24 Pages - June 10, 2005

PERMIT APPLICATION — SUBCONTRACTOR LIST continued

Project: Building Subcontractor Name:

Trade(s):

Street Address:

Mailing Address:

Phone Number: Fax Number:

Fla. Dept. of Business & Professional Regulation License No.

Qualifying Agent’s Name:

Qualifying Agent’s Signature:

Building Subcontractor Name:

Trade(s):

Street Address:

Mailing Address:

Phone Number: Fax Number:

Fla. Dept. of Business & Professional Regulation License No.

Qualifying Agent’s Name:

Qualifying Agent’s Signature:

Equal Opportunity/Affirmative Action Institution I I

Page I-20 of I-24 Pages June 10, 2005

Building Subcontractor Name:

Trade(s):

Street Address:

Mailing Address:

Phone Number: Fax Number:

Fla. Dept. of Business & Professional Regulation License No.

Qualifying Agent’s Name:

Qualifying Agent’s Signature:

Fax (813) 974-2465

Administrative Services Facilities Planning & Construction Roy Clark, Building Code Administrator Beth Casey, Building Code Support

4202 E. Fowler Avenue, FPC110 Tampa, Florida 33620-7550

Telephone (813) 974-0893 Telephone (813) 974-1411

INSPECTION REQUEST/REPORT FORM

The Inspection Request/Report Form needs to be submitted by 3:00 p.m. in order for the inspection to occur within the next two business days to allow for scheduling.

Inspection Type and Date

Building/Structural Date Electrical Date Plumbing Date Mechanical Date Footing Underground Underground Duct Rough-in Slab Floor Rough-in Rough-in Steam Piping & Test Masonry Wall Rough-in Stack Piping & Test HW Piping & Test Wall/Ceiling Ceiling Rough-in Water Piping & Test CHW Piping & Test Framing Panel/Feeder Gas Piping & Test Cond. Piping & Test Structural Service/Ground Storm Piping & Test Insulation Sheetrock Appliance/Equipment Fixtures Wall & Ceiling Roofing Lightning Protection Equipment Equipment Re-inspection Re-inspection Re-inspection Re-inspection Final Building Final Electrical Final Plumbing Final Mechanical

Conditions/Comments: 1. 2. 3. 4. 5. 6.

Inspector’s Signature Date

I I

Page I-21 of I-24 Pages June 10, 2005

PROJECT: PERMIT No:

Inspection Location: Date Ready:

Request Inspection Time: Phone No:

Other Inspection Type: _________________________ Requestor:

Inspection Results: [PASSED] [CONDITIONAL] [PARTIAL] [FAILED] [NOT READY]

Date:

Administrative Services Facilities Planning & Construction Roy Clark, Building Code Administrator Building Code Administration Program

4202 E. Fowler Avenue, FPC110 Tampa, Florida 33620-7550

Telephone (813) 974-1411 Fax (813) 974-2465

Suncom 574-2625

REQUEST FOR OCCUPANCY / FINAL COMPLETION

PROJECT: PERMIT No:

Requestor: Following Required for Occupancy:

• Final Electrical Inspection: Date________________________

• DEP Generator Acceptance: Date_______________________

• Final Mechanical Inspection: Date______________________

• Health Department Acceptance: Water: Date______________________ Sewer: Date ______________________

• Final Plumbing Inspection: Date________________________

• ADA Compliance Inspection: Date______________________

• SFM Occupancy Approved: Date_______________________

• Date of Substantial Completion: Date___________________

• Date of Occupancy: Date______________________________ I I

Page I-22 of I-24 Pages June 10, 2005

Date:

Administrative Services Facilities Planning & Construction Roy Clark, Building Code Administrator Building Code Administration Program

4202 E. Fowler Avenue, FPC110 Tampa, Florida 33620-7550

Telephone (813) 974-1411 Fax (813) 974-2465

Suncom 574-2625

REQUEST FOR OCCUPANCY / FINAL COMPLETION

Page 2

PROJECT: PERMIT No:

Requestor: Following Required for Final Completion:

• Anticipated Date of Final Completion: Date__________________

• Final Life Safety Inspection: Date___________________________

• SWFMD Statement of Completion Submitted by Civil Engineer: Date___________________

• Landscaping Final Inspection: Date________________________

• Owners Punch List Completed: Date________________________

• Owners Manuals Delivered: Date___________________________

• Date for Delivery of As Built Documents: Date________________

I I

Page I-23 of I-24 Pages June 10, 2005

Date:

ARTICLE 12

PROJECT DRAWINGS – COPIES FURNISHED TO CONTRACTORS

12.1 The Architect/Engineer will provide the Contractor 12 sets of drawings and 12 sets of specifications upon Contract award. If additional sets are required by the Contractor, they will be furnished upon request for the cost of printing and handling. ARTICLE 13

BUILDING PLAQUE

13.1 If a building plaque is to be provided, the Architect/Engineer shall include the specification requirements here. The area of the plaque shall not exceed 432 square inches. It shall contain only lettered information, and a border (if specified by the Architect/Engineer). 13.2 Information to be provided on the plaque will be limited to the following: 13.2.1 Chairperson of the Board of Trustees, 13.2.2 Vice Chairperson of the Board of Trustees, 13.2.3 Members of the Board of Trustees, 13.2.4 University President, 13.2.5 Contractor, 13.2.6 Architect/Engineer, and 13.2.7 Date (Year of Completion). All individuals listed shall be those who were in their positions on the date of construction contract award. I I

Page I-24 of I-24 Pages June 10, 2005

J. SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

Project Name: _____________

Project No. ________ University of South Florida, Tampa Campus

Tampa, FL Revise the portion of sub-paragraph 2.3.1 as follows: 2.3.1 Delete the portion of the sub-paragraph that reads “or the Contractor or a Subcontractor has made false representation

concerning the Minority Business Enterprise requirements.” The remainder of the sub-paragraph does not change. Add paragraph 2.5 and all sub-paragraphs contained within to read as follows” 2.5 OWNER’S PROJECT REPRESENTATIVES 2.5.1 The Owner shall provide a Project Manager to represent the Owner in administration and management of the Contract on the

Owner’s behalf. 2.5.2 The Owner shall provide a construction coordinator inspector to represent the Owner in the Construction of the project on the

Owner’s behalf. 2.5.3 The Owner’s Project Manager and/or Construction Coordinator/Inspector are not the Owner’s Authorized Designee. Add sub-paragraph 3.3.6 to read as follows: 3.3.6 The Contractor shall be responsible to coordinate the work with the A/E and the Owner’s Representatives to assure performance

of the work in a manner that is safe, and protects the health and well being of the University occupants, without unacceptable interruptions or impacts on the University. The Contractor shall obtain prior approval and provide advance notification to the University for coordination and approval prior to implementing work that would impact the University including delivery of materials, staging, power or telecommunications interruptions, etc.

Add Sub-paragraph 3.5.2 to read as follows” 3.5.2 As required in Sub-paragraph 12.2.2 – The Contractor shall warrant all materials and equipment in accordance with the

conditions of the contract. The Contractor shall correct all work found to be defective, or not in accordance with the requirements of the contract documents, for a period of one year from the date of Substantial Completion, or for such longer periods of time for specific warranties required by the contract documents and for the list of items to be completed or corrected at Substantial Completion, unless otherwise agreed to in writing, at no additional cost to the Owner. The Contractor shall conduct, jointly with the Architect and Owner, a warranty inspection forty-five (45) days prior to the end of the warranty periods to address completion of warranty obligations. The Owner shall provide notice to the Contractor of work that requires correction during the warranty periods.

Page J-1 of J-5 June 10, 2005

3.5.3 Add Sub-paragraph 3.5.3 as follows: 3.5.3 The Contractor shall be responsible to assure that Asbestos Containing Materials (ACM) are not incorporated in the scope of

work for the project. The Contractor shall provide Material Safety Data Sheets for all products and materials for the project and shall certify that Asbestos Containing Materials have not been incorporated in the scope of work.

Add Sub-paragraph 3.6.2 to read as follows: 3.6.2 The Owner reserves the right to require the Contractor to develop, manage and administer a sales tax exempt purchasing

program by Change Order to this contact if it is determined to be in the best interest of the University, in accordance with the requirements of the Department of Revenue and in adherence with Attachment Sales Tax Exempt Purchasing Procedures, Fixed Capital Improvement Projects, University of South Florida. If Implemented, The Contractor shall name the Owner as an additional insured on the Contractor’s Builder’s Risk Insurance to continue to cover the direct purchase materials and the Owner shall pay for the cost of such insurance.

Revise paragraph 3.9, Superintendent, Revise sub-paragraph 3.9.1 contained within, and add sub-paragraph 3.9.2 as follows: 3.9 PROJECT STAFF 3.9.1 The Contractor shall employ a competent Field Staff including a Project Manager, a Superintendent, a Secretary/Assistant, and if

necessary due to the needs of the Project, additional assistants, all to be acceptable to the Owner, who shall be in attendance at the Project site during performance of the Work. The Contractor shall provide required resources at the Project site to assist the Field Staff to meet the requirements of the Contract Documents. The Field Staff shall represent the Contractor, and communications given to the Field Staff shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The Field Staff qualifications shall meet or exceed the experience, expertise and ability required for this project.

3.9.2 The Contractor shall employ Home or Branch office employees and provide required resources to support the project and the

Field Staff to meet the requirements or the Contract Documents. Add the following to sub-paragraph 3.10.4 to read as follows: 3.10.4 Add the sentence “The Construction schedule shall be a critical path schedule that identifies, in detail, the start dates, end dates

and critical dates of each subcontract activity and work requirement within the overall project development. The Construction schedule shall include milestone dates, dates to coordinate utility, road, etc. work that impacts the Owner for interruptions, shutdowns, etc. and benchmark dates to assure that the work is being performed to meet Contract Document requirements.

Add sub-paragraph 3.11.2 to read as follows: 3.11.2 The Contractor shall provide a record copy of the drawings that reflect as-built conditions for the Project for use in developing

record drawings to facilitate the University’s Space Management Program, in addition to use for maintenance and future renovation work. The Owner may withhold payments due and/or reject payment requests for failure of the Contractor to submit a record copy of the drawings.

Add sub-paragraph 3.15.3 to read as follows: 3.15.3 Removal and disposal of all debris, waste materials, or rubbish due to demolition and construction, including clean up and trash

removal is required to comply with all applicable ordinances, in the County where the construction site is located, that effect the disposal of solid wastes in the County including use of County franchise collection companies.

Revise sub-paragraph 3.18.1 as follows: (Amended August 10, 2006) 3.18.1. Delete the phrase “regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified

hereunder”.

Page J-2 of J-5 June 10, 2005

Amended August 10, 2006

Add paragraph 4.6 to read as follows: (Amended to include paragraph 4.6 on May 8, 2008))

“Chapter 558, Florida Statutes, contains important requirements you must follow before you may bring any legal action for an alleged construction defect. Sixty days before you bring any legal action, you must deliver to the other party to this contract a written notice, referring to Chapter 558, of any construction conditions you allege are defective and provide such person the opportunity to inspect the alleged construction defects and to consider making an offer to repair or pay for the alleged construction defects. You are not obligated to accept any offer which may be made. There are strict deadlines and procedures under this Florida law which must be met and followed to protect your interests.

Revise sub-paragraph 5.2.2 to read as follows: 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect/Engineer has made a

reasonable objection. The Contractor shall not contract with any subcontractor which does not hold the proper contractor’s license as required by the State of Florida. Inclusion of the Subcontractor’s name in the list provided in accordance with Subparagraph 5.2.1 shall constitute a certification by the Contractor that the Subcontractor is properly licensed. Thereafter, by signing the monthly University of South Florida’s Certificate of Partial Payment, the Contractor will certify that all Subcontractors providing services for the Work are properly licensed. The Contractor shall not be required to contract with anyone to whom the Contractor has made a reasonable objection.

Revise the portion of sub-paragraph 7.2.3 as follows:

7.2.3 Change the term “Board of Regents” to “University of South Florida”. The remainder of the sub-paragraph does not change.

Revise sub-paragraph 7.3.12 to read as follows: 7.3.12 The percentage fee for overhead and profit combined, to be added to the cost of the change in determining the total cost to the

Owner, shall be negotiated based upon the following schedule: 1. For any work performed by the Contractor’s own forces, a maximum of 15% of the cost of the change;

2. For any work performed by a Subcontractor or forces under the Subcontractor including any Sub-subcontractors or other persons not in the direct employ of the Subcontractor, a maximum total of 22½% of the cost of the change, with a maximum of 15% to be assigned to the Subcontractor and any forces under him and a maximum of 7½% to be assigned to the Contractor.

Revise the portion of sub-paragraph 9.3.1 as follows: 9.3.1 Change the term “Board of Regents” to “University of South Florida”. The remainder of the sub-paragraph does not change. Add the following to clause 9.3.1.1 to as follows: 9.3.1.1 Add the sentence “Withholding of the retainage shall be subject to the provisions of the Owner Contractor Agreement, paragraph

6.3 Payments Withheld, clause 6.3.1.2. Revise sub-paragraph 9.6.2 to read as follows: 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the

Contractor on account of such Subcontractor’s portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor’s portion of the Work. When the Contractor receives payment from the Owner for labor, services or materials furnished by subcontractors and suppliers hired by the Contractor for the project, the Contractor shall remit payment due to those subcontractors and suppliers, less the value of any item contested in accordance with the Contract, within ten (10) days after the Contractor’s receipt of payment from the Owner. When the payment due the subcontractor is for final payment, including retainage, the subcontractor must include with the invoice for final payment a conditional release of lien and all appropriate warranties and closeout documentation. When the subcontractor receives payment from the Contractor for labor, services or materials furnished by subcontractors and suppliers hired by the subcontractor, the subcontractor shall remit payment due to those subcontractors and suppliers, less the value of any item contested in accordance with the Contract, within ten (10) days after the subcontractor’s receipt of payment.

Page J-3 of J-5 June 10, 2005

Amended May 8, 2008

Revise the portion of sub-paragraph 9.10.2 as follows: 9.10.2 Delete the portion of the sub-paragraph that reads “evidence that the required percentage of the contract sum has been

expended with MBE’s identified in the approved plan,”. The remainder of the sub-paragraph does not change. Add Clauses 10.1.2.1, 10.1.2.2, and10.1.2.3 read as follows: 10.1.2.1 The Contractor shall be responsible to insure that Asbestos Containing Materials (ACM) are not incorporated in the scope of

work for the project. The Contractor shall provide Material Safety Data Sheets for all products and materials for the project and shall certify that Asbestos Containing Materials have not been incorporated in the scope of work.

10.1.2.2 The Contractor shall be responsible for notification of the proper agencies, and for the cost of the removal, encapsulation,

transportation and disposal of any hazardous material, including, without limitation, any asbestos or asbestos-related products as substitutions per paragraph 3.19 in connection with the Work. Hazardous material, described by Federal guidelines brought by the Contractor or the Subcontractors shall remain their responsibility for proper disposal. Any hazardous material on the site prior to proceeding with the work and not specifically shown on the documents shall be considered a concealed condition.

10.1.2.3 Any hazardous material removal including asbestos abatement Work required in connection with the Work shall only be

performed by an approved Contractor for asbestos, etc., which has been pre-qualified by the Owner. Revise sub-paragraph 11.1.2 to read as follows: (Amended November 9, 2009) 11.1.2 The insurance required by subparagraph 11.1.1 shall be written for not less than limits of $1,000,000 per occurrence and a

minimum of $2,000,000 aggregate. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. The insurance required by Subparagraph 11.1.1 shall include contractual liability insurance applicable to the Contractor’s obligations under Paragraph 3.18 and coverage for the “XCU” exposure. The University of South Florida, Board of Trustees shall be named as an additional insured and a waiver of subrogation in favor of the Owner shall be included in all liability policies.

Revise Clause 11.1.2.2 to read as follows: (Amended November 9, 2009) 11.1.2.2 Automobile Liability: The Contractor shall secure and maintain, during the life of this Agreement, Automobile Liability insurance

on all vehicles against bodily injury and property damage in at least the amounts of $1,000,000 per occurrence and $2,000,000 aggregate. The University of South Florida, Board of Trustees shall be named as an additional insured and a waiver of subrogation in favor of the Owner shall be included in all liability policies.

Revise Paragraph 11.3, Property Insurance, and all sub paragraphs and clauses contained within to read as follows: 11.3 PROPERTY INSURANCE 11.3.1 The Contractor shall purchase and maintain, with an admitted carrier in the State of Florida, property insurance in the amount of

the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis, including, where applicable, the existing structure. Coverage for existing structures shall include all perils described in Clause 11.3.1.1 below. Such property insurance (builder’s risk) 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 Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work.

Page J-4 of J-5 June 10, 2005

Amended November 9, 2009

11.3.1.1 Property insurance shall be written on a Builder’s Risk form or its equivalent and shall include coverage on a replacement value

basis. Property covered by this insurance shall include property of the Owner, Contractor, Subcontractors and Sub-subcontractors, consisting of materials, supplies, machinery, equipment and fixtures which will become a permanent part of the Work at the project site. Property covered by this insurance shall also include temporary building(s) or structure(s) at the site other than office trailer(s). The perils insured under this insurance shall be at least equivalent to the insured perils of the Causes of Loss – Special form as published by the Insurance Services Office, Inc. including reasonable compensation for Architect/Engineer’s services and expenses required as a result of such insured loss.

11.3.1.2 Any special insurance requirements will be addressed in the Special Conditions or in Supplementary General Conditions. 11.3.1.3 If the property insurance provides deductibles, the Contractor shall pay costs not covered because of such deductibles, unless

otherwise provided in the Contract Documents or otherwise agreed in writing by the Owner and the Contractor. 11.3.1.4 Unless otherwise provided in the Contract Documents, this property insurance shall cover portions of the Work stored off the site

after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. 11.3.2 Boiler and Machinery Insurance. When the Work includes the repair, removal, installation and/or testing of live steam boilers,

valves, pipes or lines, then this insurance shall include coverage at least equivalent to the Boiler and Machinery Coverage Form as published by the Insurance Services Office, Inc. This insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insured’s.

11.3.3 Prior to commencement of the Work, the Contractor shall provide the Owner with a Certificate of Insurance which evidences the

property insurance (builder’s risk) provided by the Contractor. This Certificate of Insurance shall include an Additional Named Insured Provision and a Waiver of Subrogation Provision in favor of the Owner to protect the interests of the Owner. Upon receipt of the policy, the Contractor shall file with the Owner a copy of each policy that includes insurance coverage’s required by this Paragraph 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 cancelled or allowed to expire until at least 30 days prior written notice has been given to the Owner.

11.3.4 A loss or losses insured under this insurance shall be adjusted by the Contractor and its insurance company. The Contractor

shall repair or replace the damaged property with the proceeds from the builder’s risk policy. The Contractor shall be responsible for all damages and necessary repairs whether or not the loss is covered by the builder’s risk policy.

11.3.5 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or companies

providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance.

Page J-5 of J-5 June 10, 2005

SUPPLEMENTARY GENERAL CONDITIONS FOR CONSTRUCTION MANAGEMENT CONTRACTS

Sub-paragraph 1.1.1, THE CONTRACT DOCUMENTS, add the following to the end of the Sub-paragraph:

Upon acceptance of a Guaranteed Maximum Price (GMP), an Amendment to the Agreement will be executed which itemizes the Contract Documents and establishes the Owner approved GMP and Substantial Completion date.

Sub-paragraph 1.1.7, revise to read as follows: 1.1.7 THE PROJECT MANUAL

Where used in the Contract, General, Supplemental, and Special Conditions of the Contract, the term “Project Manual” refers to the standard Project Manual. CM-N-08.01 – 01/99 is incorporated as a component of the Project Manual for the Construction Manager’s use and compliance. Paragraph 1.2, DELETE Sub-paragraph 1.2.1, and Clause 1.2.1.1 Sub-paragraph 2.2.1, revise to read as follows: 2.2.1 The Owner shall, at the request of the Construction Manager, prior to execution of the Guaranteed Maximum Price Amendment to the

Agreement, furnish to the Construction Manager reasonable evidence that financial arrangements have been made to fulfill the Owner’s obligations under the Contract.

Sub-paragraph 2.2.5, revise to read as follows: 2.2.5 Unless otherwise provided in the Contract Documents, the Construction Manager will be furnished free of charge, one reproducible copy of Drawings and Specifications for execution of the Work. The cost of document reproduction for issuance to Trade Contractors shall be included in the Guaranteed Maximum Price. Sub-paragraph 3.1.1, add the following sentence to read as follows: 3.1.1 The Term “Contractor” in the Project Manual, Contract Documents, etc, shall be equal to the term “Construction Manager” for the purposes of this contract and project. Sub-paragraph 3.2.1, add the following after the first sentence: 3.2.1 The Construction Manager shall make recommendations to the Architect/Engineer, whenever possible, to facilitate resolutions. Sub-paragraph 3.4.1, add the following to the end of the Sub-paragraph: 3.4.1 The cost for these items shall be included in the GMP.

Clause 3.12.5.6, revise to read as follows: 3.12.5.6 A list of all materials and equipment, together with manufacturers’ drawings and catalog information shall be submitted to the

Architect/Engineer for approval prior to ordering material or equipment but not later than 21 days after execution of the specific trade contract. Information submitted shall show the capacity, operating conditions and all engineering data and descriptive information. The Architect/Engineer’s approval will not relieve the Construction Manager of the responsibility for performance of any terms of the Contract Documents.

Sub-paragraph 3.13.2, add: 3.13.2 Ascertain any restrictive traffic conditions and comply with reasonable requests of local authorities and the Owner in the use and operation of

trucks and equipment on the site. Protect existing curbs, walks or other improvements from damage by heavy equipment.

Sub-paragraph 4.2.4. (This Sub-paragraph shall be effective only during the Construction Phase of the Project.) Sub-paragraph 4.2.11, revise to read as follows: 4.2.11 The Architect/Engineer will interpret and decide matters concerning performance under and requirements of the Contract Documents on written

request of either the Owner or Contractor. The Architect/Engineer’s response to such requests for information will be made within seven calendar days after receipt of the written request.

Sub-paragraph 5.2.1, revise to read as follows: 5.2.1 In accordance with CM.N.08.01-01/99, the Construction Manager shall publicly advertise and receive competitive proposals from each Trade

Contractor bid packages. Trade Contract bids shall be opened and tabulated in front of an Owner’s representative and be awarded after the proposals are reviewed by the Architect/Engineer, Construction Manager, and Owner, and execution is authorized by the Owner in writing.

Page K-1 of K-2 July 7, 2006

Sub-paragraph 5.2.5, revise to read as follows: 5.2.5 The Construction Manager shall require the Trade Contractors to provide the names of all major Sub-subcontractors and/or material and equipment

manufacturers within 45 days of award of the trade contract. The following list is suggested but can be reduced or expanded at the discretion of the Architect/Engineer or as directed by the Owner (Clauses 5.2.5.1 through 5.2.5.16 remain unchanged).

Sub-paragraph 6.1.4, add: 6.1.4 If any part of the Construction Manager’s Work depends upon the work of any separate contractors, the Construction Manager shall carefully inspect

such work and before beginning Work, promptly report to the Architect/Engineer any apparent discrepancies or defects that render the separate contractor’s work unsuitable to receive Construction Manger’s Work. Failure of the Construction Manager to so inspect and report shall constitute an acceptance by the Construction Manager of the other contractor’s work as fit and proper to receive Construction Manager’s Work, except as to defects not reasonably discoverable by inspection.

Sub-paragraph 8.1.2, revise to read as follows: 8.1.2 The date of commencement of the Work is the date established in the notice to proceed accompanying the GMP Amendment to the Agreement.

The date shall not be postponed by the failure to act of the Construction Manager or of persons or entities for whom the Construction Manager is responsible.

Sub-paragraph 8.1.3, revise to read as follows: 8.1.3 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the GMP Amendment to the Agreement, the

Construction Manager confirms that the Contract Time is a reasonable period for performing the Work.

Sub-paragraph 9.1.1, revise to read as follows: 9.1.1 The Contract Sum is established in the GMP Amendment to the Agreement and, including authorized adjustments, is the total amount payable by

the Owner to the Construction Manager for performance of the Work under the Contract Documents.

Sub-paragraph 10.2.8, add: 10.2.8 In the event of accidents involving personal injury or property damage, the Construction Manager shall immediately notify the Owner and furnish as

much data as is available. As soon as practicable, the Construction Manager shall submit a written report to the Owner regarding the extent of damage or injury; the persons involved and their employers; the number of days persons are to be hospitalized; and any other pertinent information required by the Owner. The Construction Manager shall require similar information from the Trade Contractors.

Page K-2 of K-2 July 7, 2006

CONTROLS MODIFICATION ATH BUILDING

TABLE of CONTENTS

DIVISION 15 – MECHANICAL

To be provided USF Special Conditions by USF separately 15000 General Conditions

15774 Ductless Split System 15900 Direct Digital Control

SECTION 15000 - GENERAL CONTROL NOTES The described work shall be in compliance with the requirements of The University of South Florida General Conditions, as well as Mechanical Guideline’s dated 2007, Section 15900, and the requirements of this Specification.

1. Control Contractor shall be considered as the prime contractor and others such as Roofing, Mechanical and Electrical Contractors shall be considered as the subcontractor; who shall hold active license in the State of Florida in their respective field of practice.

2. Coordinate the facility’s daily activity with the scope of the demolition and new work, so

the operation of the system would not be affected or interrupted during facility’s daily use.

3. Contractor shall work during the weekday after 1 PM. Coordinate the working hours with

the facility’s Head Plant Operator. (Under no circumstances shall the building be without heating or cooling at any given time.)

4. Air handling unit #9 (AHU 1-9) and AHU 1-6 are currently controlled by JCI NAE 35-40

Metasys Control System. The remaining HVAC equipment is controlled by American Auto-Matrix. It is the intent of the scope of this project to either expand the JCI Metasys Control and remove all American Auto-Matrix control panel, communication wiring, hardware, software or remove the existing JCI controller along with American Auto-Matrix with other approved control manufacturers. Namely: KMC, Alerton or Trane Summit System. This will allow only one control system to operate all HVAC related equipment at this facility.

5. The successful control manufacturer shall remove all existing controller and turn it over

to the owner.

6. Contractor shall report to the Project Leader if any or actuator dampers (automatic) which, in the opinion of the contractor are non-operable. The Owner will repair or replace actuator/damper or will issue a change order to the contractor.

7. Control Contractor shall obtain services of Mechanical, Electrical and Roofing

Contractors for the installation of Ductless Split System in room 2004 (Data Room).

8. Owner has elected not to have a Test and Balance on this project. Any testing shall be done on separate contract (not part of this project).

9. Refer to the sequence of operation on the HVAC equipment at this building. The

operating schedule and time of day and day of the week shall be coordinated with the facility personnel prior to the completion of the programming.

10. Contractor shall provide list of any mechanical system to the Owner which needs to be

repaired or replaced.

11. Contractors responding to this bid shall refer to Control Specification Section 15900 for additional details and requirements.

DUCTLESS SPLIT SYSTEM 15774- 1

SECTION 15774 – DUCTLESS SPLIT SYSTEM (STRAIGHT COOL) Part 1 – General 1.1 System Description The system shall be a ductless split system with a remote condenser. The system shall consist of a wall mounted indoor section with wall mounted controller and a horizontal discharge with single-phase outdoor unit. 1.2 Quality Assurance

A. The unit shall be tested by a Nationally Recognized Testing Laboratory (NRTL) and shall bear the ETL label.

B. All wiring shall be in accordance with the National Electrical Code (N.E.C.). C. The unit shall be rated in accordance with Air-conditioning Refrigeration

Institute’s (ARI) Standard 210 and bear the ARI Certification label. D. The unit shall be manufactured in a facility registered to ISO 9001 and ISO 14001,

which is a set of standards applying to environmental protection set by the International Standard Organization (ISO).

E. A dry air holding charge shall be provided in the indoor section. F. The outdoor unit shall be pre-charged with R-410a refrigerant for specified length

of refrigerant tubing. G. System efficiency shall meet or exceed 13.0 SEER. H. Low ambient kit provided and installed by the manufacturer.

1.3 Delivery, Storage and Handling A. Unit shall be stored and handled according to the manufacturer’s

recommendations. B. The wireless controller shall be shipped inside the carton with the indoor unit and

able to withstand 105°F storage temperatures and 95% relative humidity without adverse effect.

1.4 Warranty 1.4A The unit shall have a manufacturer’s parts and defects warranty for a period one (1) year from date of installation. The compressor shall have a warranty of 5 years from date of installation. If, during this period, any part should fail to function properly due to defects in workmanship or material, it shall be replaced or repaired at the discretion of the manufacturer. This warranty does not include labor. 1.4B Manufacturer shall have over 10 years of continuous experience in the U.S. market.

DUCTLESS SPLIT SYSTEM 15774- 2

1.5 Performance

Refer to the schedule for the performance of the system. 1.6 Design

1.6A Unit Cabinet The indoor unit cabinet shall be wall mounted by means of a factory supplied mounting plate. The cabinet shall be formed from high strength molded plastic with front panel access for filter. Cabinet color shall be white. The indoor unit shall be factory assembled, wired and tested. Contained within the unit shall be all factory wiring and internal piping, control circuit board and fan motor. The unit in conjunction with the wired, wall mounted controller shall have a self-diagnostic function, 3-minute time delay mechanism, an auto restart function, and a test run switch. Indoor unit and refrigerant pipes shall be purged with dry nitrogen before shipment from the factory.

1.6B Fan The evaporator fan shall be high performance, double inlet, forward curve, direct drive fan with a single or double motor. The fans shall be statically and dynamically balanced and run on a motor with permanently lubricated bearings. The indoor fan shall consist of two (2) speeds: Low, High.

1.6C Vane There shall be a motorized horizontal vane to automatically direct air flow in a horizontal and downward direction for uniform air distribution. The horizontal vane shall significantly decrease downward air resistance for lower noise levels, and shall close the outlet port when operation is stopped. There shall also be a set of vertical vanes to provide horizontal swing airflow movement selected by remote control.

1.6D Filter Return air shall be filtered by means of an easily removable filter. 1.6E Coil The evaporator coil shall be of nonferrous construction with pre-coated aluminum strake fins on copper tubing. The multi-angled heat exchanger shall have a modified fin shape that reduces air resistance for a smoother, quieter airflow. All tube joints shall be brazed with PhosCopper or silver alloy. The coils shall be pressure tested at the factory. A condensate pan and drain shall be provided under the coil. 1.6F Electrical The electrical power of the unit shall be as specified on the drawings. The system shall be capable of satisfactory operation within specified voltage limits.

1.6G Control a. The control system shall consist of two (2) microprocessors, one on indoor and outdoor unit. Field wiring shall run directly from the indoor unit interconnected by a single non-polar two-wire AWG-16 stranded cable to the wall mounted controller with no splices.

DUCTLESS SPLIT SYSTEM 15774- 3

b. The straight cool unit for the data room shall be provided with sensor. c. The microprocessor located in the indoor unit shall have the capability of monitoring return air temperature and indoor coil temperature, receiving and processing commands from the wired controller, providing emergency operation and controlling the outdoor unit. d. The indoor unit shall be connected to a wall mounted wired controller to perform input functions necessary to operate the system. The wired controller shall have a large liquid crystal display (LCD) presenting contents in English.

e. The wired controller shall display operating conditions such as set temperature, room temperature, pipe temperatures (i.e. liquid, discharge, indoor and outdoor), compressor operating conditions (including running current, frequency, input voltage, On/Off status and operating time), LEV opening pulses, sub cooling and discharge super heat. f. Normal operation of the wired controller shall provide individual system control in which one wired controller and one indoor unit are installed in the same room. g. The control voltage from the wired controller to the indoor unit shall be 12 volts, DC. The control signal between the indoor and outdoor unit shall be pulse signal 24 volts DC. Up to two wired controllers shall be able to be used to control one unit. h. Control system shall control the continued operation of the air sweep louvers, as well as provide On/Off and mode switching. The controller shall have the capability to provide sequential starting with up to fifty seconds delay.

Part 2 - Outdoor Unit 2.01 The outdoor unit shall be compatible with the indoor unit. The connected indoor unit must be of the same capacity as the outdoor unit. 2.02 The outdoor unit shall be able to operate with a maximum height difference between indoor and outdoor units. 2.03 Unit shall have a maximum refrigerant tubing length of 165 feet between indoor and

outdoor unit without the need for line size changes, traps or additional oil. 2.04 The outdoor unit shall be completely factory assembled, piped, and wired. Each unit must be test run at the factory. 2.1 Cabinet

The casing shall be constructed from galvanized steel plate, coated with a finished with an electro statically applied, thermally fused acrylic or polyester powder coating for corrosion protection. The fan grille shall be of ABS plastic.

DUCTLESS SPLIT SYSTEM 15774- 4

2.2 Fan The fan motor shall be of aerodynamic design for quiet operation, and the fan motor bearings shall be permanently lubricated. The outdoor unit shall have horizontal discharge airflow. The fan shall be mounted in front of the coil, pulling air across it from the rear and dispelling it through the front. The fan shall be provided with a raised guard to prevent contact with moving parts.

2.3 Coil The condenser coil shall be of copper tubing with flat aluminum fins to reduce debris build up. The coil shall be protected with an integral metal guard. 2.3 Compressor

The compressor shall be driven by inverter circuit to control compressor speed. The compressor speed shall dynamically vary to match the room load for significantly increasing the efficiency of the system which results in vast energy savings. To prevent liquid from accumulating in the compressor during the off cycle, a minimal amount of current shall be intermittently applied to the compressor motor to maintain enough heat. The outdoor unit shall have an accumulator and high pressure safety switch. The compressor shall be mounted to avoid the transmission of vibration.

2.4 Electrical As indicated on the schedule. 2.5 Product Provide any of the following products:

• Mitsubishi (basis of design) • LG Product • Daikin A/C

END OF SECTION 15774

DDC CONTROLS 15774-1

SECTION 15900 – DDC CONTROLS

Part 1 – General

1.01 BASIC REQUIREMENTS

A. Provide all labor, materials, programming, and supervision necessary to install a fully functional and operating Distributed Digital Control system (DDC) utilizing electronic actuation.

1. Minor devices, interlocks, programming, and installation details necessary to make the DDC system fully functional are to be included in this Scope of Work whether or not the specific items are specifically referenced herein.

2. The Project Architect/Engineer (PA/E) shall have the sole authority to determine if items not specifically included within this specification section are minor or significant and/or outside of this intended scope of work.

B. Electrical control and interlock wiring connected to the DDC controls and associated instrumentation systems shall be furnished by the Controls Contractor.

1. Power (110 VAC circuits or higher, low voltage circuits, transformers, wiring, conduits, etc.) to DDC controllers shall be provided by the Controls Contractor.

2. All 110 VAC or greater work shall be completed by a State of Florida licensed electrical contractor.

3. Equipment safety interlocks shall be 110 VAC.

a. Sensing devices shall be provided by the Controls Contractor.

b. 110 VAC wiring shall be by the Controls Contractor.

c. Unless auxiliary contacts are required for interfacing device status to the DDC system, all safety devices shall be independent of the DDC system.

C. The DDC system shall consist of multiple digital controllers distributed throughout the facility; interconnected using new communication network; and programmed to maximize the integrity of the operational sub-systems being controlled.

1. Provide stand-alone distributed controllers selected and deployed to coincide with the operating sub-systems being controlled.

DDC CONTROLS 15900-2

2. All reasonable efforts shall be made to ensure single controller failures shall affect only the sub-system being controlled.

3. Master/Slave or Centralized Controller configurations shall not be accepted.

a. All reasonable efforts shall be made to insure normal sub-system operating parameters reside at the distributed controllers and not at a higher level device to enhance the operating integrity of the DDC sub-systems in the event of a network communications failure.

b. Software shall be provided to allow distributed controllers to operate in a basic default control mode in the event of communication network failure.

1.02 RELATED SECTIONS

A. General Conditions.

B. Section 15000 .....General Mechanical Specifications.

C. This Specification Section and all its Parts, including:

1. PART 1, General.

2. PART 2, Products.

a. Paragraphs 2.01 to 2.04 – Digital Network

b. Paragraph 2.05 – Field Devices

3. PART 3, Execution.

4. PART 4, Sequence of Operations.

5. PART 5, Operator Interfaces, Graphics, and Trending.

1.03 COORDINATION WITH OTHER TRADES AND ENTITIES

A. Provide coordination with others to include, but not be limited to:

1. New wall-mounted sensor to be at the location of the old sensor. The Control Contractor shall be fully responsible for coordination of all sensor locations with furniture cabinets, equipment, copiers, etc.

DDC CONTROLS 15900-3

2. Temporary controls to facilitate construction and/or required dry out support as interior finishes and materials are being installed – it shall be the responsibility of the Controls Contractor to coordinate temporary control requirements to this end;

3. Assist the Engineer to validate compliance with requirements of the plans and specifications;

4. Coordinate and reuse existing conduit layouts and routing at the site.

1.04 SCOPE OF WORK

Refer to the bid documents and the drawings for the scope of controls.

1.05 SHOP DRAWING SUBMITTAL REQUIREMENTS

A. After award of the Controls Construction Contract, and prior to delivering submittals and shop drawings. The Contractor is to attend a pre-construction meeting with the owner and the Engineer. The purpose of the pre-construction conference is to review the proposed control system digital network architecture and to discuss the sequence of construction activities. It shall be the responsibility of the Controls Contractor to coordinate this meeting.

B. Submit five (5) copies of the following data/information for approval (prior to ordering any hardware or software items). Wherein this criteria differs from requirements of Related Sections, the more stringent criteria shall prevail unless otherwise directed in writing by the Project Architect:

1. An overall digital system digital communication network architecture diagram showing (existing and new, as applicable):

a. All digital devices (PC Workstations, Field Panels, and LAN devices). Use unique panel identifiers for each panel submitted.

b. Communication transducers (fiber to copper, copper to fiber, etc.).

c. Identify entry point into the Owner’s intranet.

d. Power/surge protection locations.

e. Uninterrupted Power Supply (UPS).

f. Other pertinent devices residing on the digital communication network.

DDC CONTROLS 15900-4

2. Physical Distributed Panel Locations:

a. Building floor plans.

b. Use unique identifiers for each existing panel submitted cross referenced to the network architecture diagram.

c. Identify the digital panel type.

d. Use a clearly thought out numbering scheme that would assist in identifying panel locations (for example: use 1-2-xx for panels in Building 1, second floor, panel XX).

e. Clarify the numbering scheme or conventions used on the interconnect diagram and the floor plan panel locations.

3. A detailed point-to-point diagram for each DDC panel:

a. Submit on a per distributed panel basis (typicals are acceptable provided all applicable units are listed, exceptions noted, and the units are identified).

b. Include each I/O point, communication connection, and power inputs to the panels.

c. Provide a means to cross reference the I/O points to field device cut sheets.

4. Cut Sheets showing the performance data for all devices. Clearly mark the specific model and options to be provided. Include; but not limited to:

a. Digital Panel data (indicate whether programmable or configurable, show power requirements, A/D conversion resolution, D/A conversion resolution, panel capabilities, etc.).

b. Thermostat and other field sensor data (show accuracy, installation details, dimensions, weight, and other pertinent data relevant to the devices to be used).

5. A detailed Sequence of Operations for each distributed panel.

6. A description of the methodology used to keep graphics files on various PC terminals updated and consistent with one another (remote computer graphics vs. site computer).

DDC CONTROLS 15900-5

C. Provide the Submittal per the following:

1. Provide in a bound formatted 3-ring binder.

2. Provide a Table of Contents and tabs for each section.

D. Wherein this criteria differs from requirements of Related Sections, the more stringent criteria shall prevail unless otherwise directed in writing by the Engineer.

1.06 AS-BUILTS

A. The Controls Contractor shall keep a full sized set of floor plans and submittal documents on-site that shall be updated daily (failure to keep active red-lined documents on-site and up-to-date may result in a delay of pay requests until the documents have been brought current).

B. As-built floor plans are to be provided and shall include, as a minimum the following content:

1. Field Panel, Workstation, Global Network Controllers (GNC), and PIU box device locations along with the associated network addresses shall be shown on a floor plan.

2. Communication device locations (repeaters, transducers, and converters).

3. Annotate via symbols all devices located above ceiling or otherwise in concealed locations.

4. Tier 1 and Tier 2 DDC system communication cable routing (delineate copper from fiber media):

a. Provide actual routing and not homeruns.

b. Provide a legend distinguishing cable type and colors of cables.

5. The location of AHU duct static pressure sensors and hydraulic piping pressure sensors.

6. Exhaust and relief fan locations and the controls associated with each fan.

7. Locate all drives and HOA’s.

C. At the completion of the project, provide as-built drawings in AutoCAD (.dwg AND PDF format) on CD-ROM/DVD disk media. A copy of the As-Built PDF documents shall be stored on the Workstation hard drive.

D. Update the Sequence of Operations to reflect the installed sequences.

DDC CONTROLS 15900-6

E. Field panel to I/O device terminations need not be shown on the as-built floor plan but shall be shown on the field panel record documents.

1.07 SYSTEM WARRANTY

A. All control devices provided by this Contractor shall be warranted to be free of defects in workmanship and material for a period of one year from the project Final Substantial Completion date.

B. Any equipment found to be defective during this period shall be repaired or replaced without expense to the Owner.

C. Warranty work shall be accomplished by the Contractor during normal working hours (8 AM to 5 PM, Monday through Friday, excluding holidays).

D. The Contractor shall respond to all warranty items within one working day from when they are reported.

E. Provide a report to the Owner identifying the problem, the devices affected and the nature of the repair or replacement.

F. The warranty shall cover all costs for parts, labor, shipping, associated travel, any software sequence modifications, and expenses throughout the warranty period.

Part 2 – Products

2.01 ACCEPTABLE MANUFACTURERS

Following control manufacturers are approved on this project:

• Johnson Control Metasys (Basis of Design)

• KMC

• Alteron

• Trane

Manufacturers other than basis of design shall remove existing JCI controller at their expense; BACNET is not allowed at this building. However, BACNET shall be provided for communication from this facility to any other building on this campus.

DDC CONTROLS 15900-7

2.02 COMMUNICATIONS NETWORKING, PC WORKSTATIONS, AND INTEGRATION SUPPORT

A. General

1. The Digital Network shall consist of a minimum of two tiers of communication.

a. The lowest level tier shall be comprised entirely of cabling provided by the Controls Contractor which shall interconnect Controls Contractor provided digital network elements, independent of the Owner’s intranet;

b. The highest level tier shall be at the Ethernet level used for communications with other upper level devices, other Global Network Controllers on-site, or to PC Workstations (either local or remote sites) or Servers residing on the Owner’s intranet.

2. There shall be a single point of interface between the Controls Contractor provided network and the site intranet.

B. Global Network Controller (GNC)

1. Provide an independent stand alone, microprocessor based control panel (Global Network Controller, GNC) for each facility.

a. Each facility shall have a minimum of one GNC as a part of the communication network.

b. The operator shall communicate with the DDC system via the PC Workstation. The PC Workstation shall obtain data from the GNC via the Ethernet trunk.

2. The GNC shall communicate to distributed Field Panels via the Controls Contractor provided cabling.

3. In the event the Digital Network consists of multiple Global Network Controllers, all points available on one GNC shall be accessible to all other GNCs.

4. Provide all hardware and software necessary to allow remote communications to off-site locations connected to the Owner’s intranet. Remote PC Workstations on the Owner’s intranet shall be able to communicate with the local site even if the local PC Workstation is turned off or not functioning. The Controls Contractor shall coordinate communications connectivity requirements with the Owner’s Controls Department.

5. Each GNC panel shall have a clock with battery back-up. Where there are multiple GNC panels, the respective clocks shall be synchronized

DDC CONTROLS 15900-8

by the PC or a designated GNC. Provide a minimum of 30 minute UPS for the GNC to include any attached and/or expanded I/O loads. The GNC shall shutdown or go into a power loss mode prior to the loss of power from the UPS.

6. As many GNC panels as required shall be furnished to provide the monitoring and control functions and capabilities specified. The panel shall be strategically located in areas of the building that are easily accessible for maintenance and repair.

7. The trend log, schedules and alarms shall be located in the GNC or the Field Panels and not the PC. The PC may be used to archive old trend data and/or alarms.

C. PC Workstation

1. Provide one (1) Dell compatible personal computer (PC) to communicate with the Global Network Controller (GNC). It is the intent the PC Workstation communication link would be through the Owner’s Intranet or direct connect from PC to GNC if applicable.

2. The PC shall be located at the site (see location on the control drawing).

3. PC Hardware - Provide the latest model available in Dell PC.

a. Dell High End Optiplex GX745T.

b. GX745T Mini-Tower 2.4 GHz Core 2 Duo processor.

c. 2 GB RAM.

d. ATI 256 Megabytes VGA/DVI/TV-Out Dual Monitor Adapter.

e. 160 GB Hard Drive.

f. Dell Optical Mouse (NO wireless).

g. CD/DVD – 16X DVD+RW.

h. 19" Flat Panel LCD monitor.

i. Laser Jet printer with 3 replacement toner cartridges.

j. 600 KVA UPS minimum – sized to allow a minimum of 15 minutes of backup for the PC, printer and monitor.

k. NIC Card 10/100 (may be integrated into the motherboard).

DDC CONTROLS 15900-9

l. Adobe Acrobat 6.0 Professional or most current.

4. PC Software

The operator interface panel software shall be compatible with Windows XP PRO operating system. All operating system software, control software, and graphics generation software shall be provided, along with required usage licenses. All software shall be provided for the Owner to make any changes to the system without Control Contractor support (i.e., if the Owner needs to change a graphic, provide the graphic software that generated the original).

D. Field Panels

1. The Manufacturer shall have multiple Field Panels (FPs) specifically designed for HVAC applications. Panels shall be programmable and not configurable. The devices shall be stand alone. The Field Panel devices shall be able to interface with an operator and interface/room and/or zone sensor devices (Microset, Net sensor). The operator interface device shall allow the operator to adjust set points, initiate push-button actions, and receive feedback of temperature and/or status.

a. Input/Output (I/O) Interface

(1) To gather sensor data and interface with controlled equipment, the FPs shall use I/O types consistent with the application for which it is designed. This design shall allow different types of points using any of the following input/output options:

(a) Input Options (universal; analog or digital) - monitor the open/closed status of dry contacts, monitor analog values of voltages, current and resistance from temperature, pressure, relative humidity, CO2 sensors, etc.

(b) Digital Outputs Options - control on/off, start/stop, open/close relays.

(c) Analog Output Options - supply voltage or current outputs to controllers.

b. Universal Inputs (UI)

(1) The Field Panel devices shall accept isolated dry contact closures (either normally open or normally closed contacts).

DDC CONTROLS 15900-10

(2) The Field Panel devices shall accept analog inputs (voltage, current, resistance). Minimum 12 bit A/D converters required.

(3) Analog inputs can be linear or non-linear. Points shall include an A/D converter and an analog power supply. All points shall be wired to the FP device using #18 AWG twisted, shielded pair cables (Belden 8760 or equivalent) or larger or as recommended by the Control Manufacturer.

c. Digital Outputs (DO) - The digital outputs shall control on/off, start/stop relays which have low voltage coils. Dry contact or triac outputs are acceptable. Common ground outputs are acceptable. Provide override switches and LED status lamps on relay assembly.

(1) Enclosure Mounted—Use RIB model MUIS or equivalent.

(2) Field Mounted—Use RIB model UIS or equivalent.

d. Analog Outputs (AO) - The analog output supplies voltage or current to the control devices (i.e., damper actuator). All output points to valves and dampers shall read as a percent open. Signal types shall include 4-20 mA (into 1,000 Ohm load), resistance (up to 1,000 Ohms), and voltage (0-10 VDC). Provide a minimum 12-bit D/A converters.

2. Field panels shall include but not be limited to: AHU Control Panels, PIU Controllers, FCU Controllers, VVU Controllers and EF Controllers.

2.03 PACKAGING AND ENVIRONMENT

A. Distributed Field Panel enclosures shall be locking type, metal cabinet, with common keying. The panels shall have a metal print pocket suitable for storing wiring, service and log information. Indoor panels shall be NEMA 1 hinged enclosures. PIU box controllers shall have a safety cover but no enclosure is required.

B. Each GNC panel shall be stand alone, mounted indoors, and in a standard NEMA 1 enclosure. The electrical power requirements shall be provided by the Controls Contractor. 110 VAC power should not be installed in the same raceway channels as 24 VAC. The 24 VAC power and the 110 VAC side of the panel shall be physically isolated and clearly labeled. Fuse all transformers. Control panels shall be clearly identified by labels (1” pop-riveted lettering). Provide and install as-built wiring diagrams to indicate the control points on all equipment. Provide laminated point lists in all GNC panels if provided with I/O.

DDC CONTROLS 15900-11

C. The panel, when required, must functionally operate over a temperature range of 20 degrees F to 150 degrees F, and a humidity range of 0 - 95% non-condensing.

D. DDC panels shall come with a minimum of six pre-existing available knockouts for ease of wiring during installation.

E. The electrical requirements shall be identified and coordinated by the Controls Contractor. Any 110 VAC requirements are to be by the Contractor. 110 VAC power circuits to each panel shall be provided by the Contractor. 110 VAC power should not be installed in the same panel as 24 VAC. However, if 110 VAC power must be installed in the same panel with 24 VAC power due to design and/or system constraints, the 110 VAC side of the panel shall be physically isolated from the 24VAC side and clearly labeled. Fuse all transformers.

F. Control panels shall be clearly identified by permanent labels (one inch lettering), pop-rivet attached to the enclosure.

2.04 FIELD DEVICES

A. CURRENT SWITCHES

1. Provide solid state current switches which when the current level sensed by the internal current transformer exceeds the pre-set trip point. Internal circuits are to be totally powered by induction from the line being monitored. Provide Form C relay contacts, while sensing both AC and DC circuits. Provide an LED that shall show three pieces of information (Rapid Flashing-switch is tripped, Slow Flashing-current is present but below the trip point, and No Flashing-current is either off or below the bottom of the range) and permits setting the trip point adjustment prior to system connection.

2. Current switches shall be split core type and shall be non-adjustable.

B. ELECTRONIC TEMPERATURE SENSORS

1. Temperature sensors shall be thermistor or 100 Ohm platinum RTD. Sensors shall be calibrated to less than or equal to a 1/4 degree F resolution for the specific application. Substitutions must be approved in writing by the PA/E. All sensors to be field verified as correct by the TAB Subcontractor prior to testing.

2. Provide twisted pair lead wires and shield for input circuit or as otherwise required by the manufacturer.

3. Use insertion elements in ducts not affected by temperature stratification or smaller than one square meter. Use averaging elements

DDC CONTROLS 15900-12

where larger or prone to stratification. Sensor length 2.5 m or 5 m as required.

4. Insertion elements for liquids shall be brass separable sockets (i.e., thermowells) with minimum insertion length of 2-1/2 inches (60 mm).

5. Provide outside air sensors with watertight inlet fittings, shielded from direct rays of the sun. Mount on the north side of the facility.

6. Wall mounted sensor shall be mounted at 5'–6" above finished floor in an area where free air current is not constricted or blocked. Final location shall be approved by the Owner and Engineer prior to installation. Wall mounted sensors in common areas (i.e. Corridors, Cafeteria, Auditorium, Gymnasium, etc.) shall be a flush mounted, stainless steel wall sensor.

7. Sensor elements shall be applicable for the medium being sensed (i.e., room elements, well mounted elements, duct mounted elements and outdoor mounted elements). Range shall be from 0 to 150 degrees F.

8. Strap on sensors shall not be used unless specifically required.

9. Provide Supply air Temperature (SAT) sensors on all units with terminal heat, powered fans, or configurations that would result in a temperature difference between the zone’s SAT and the AHU’s SAT.

C. ELECTRONIC STATIC PRESSURE SENSORS

1. Static pressure sensors shall be differential pressure sensors, with the "high" output sensing the duct pressure and the "low" input sensing atmospheric pressure.

2. The range for the static pressure sensor shall be matched to the static pressure of the system being sensed, 0 to .5 inches, 0 to 2 inches, 0 to 5 inches, or 0 to 10 inches.

3. Accuracy shall be plus or minus 2% of the full range being sensed.

4. Duct Static Pressure sensors shall be provided with vinyl tubing from the sensing point to the associated AHU room. The pressure to current transducer shall be located in the AHU room.

D. FILTER STATUS TRANSMITTER

1. Monitor existing.

DDC CONTROLS 15900-13

E. HUMIDITY SENSOR/TRANSMITTER

1. Provide relative humidity sensor/transmitter where shown on the control drawings. Sensor and transmitter shall have:

System Accuracy...±2% RH @ 25°C from 20% to 95% RH.

Output Signal ........Two-wire, 4-20 mA linear (or 0 – 10 VDC) proportional to 5% to 95% RH.

2. The transmitter power shall be compatible with and powered by the low voltage power supplied by this Contractor.

F. CARBON DIOXIDE GAS SENSOR/TRANSMITTER

Provide carbon dioxide gas sensor/transmitter where shown on the control drawings. Sensor/transmitter shall meet the following specifications:

Measurement Range: 0 to 5,000 PPM (software adjustable to 9,999 PPM) Accuracy: ±5% of reading or 100 PPM, whichever is greater Response Time: Less than one (1) minute Output Signal: 4-20 ma linear Output Impedance: 1000 Ohms Repeatability: ±20 PPM Drift: ±100 PPM per year Calibration Adjustments: Offset and span (software adjustable) Sensor Operating Principal: Absorption infrared (non disperse)

Minimum Required Characteristics

Calibration Interval: One (1) year Operating Temp. Range 32°F to 122°F Operating Humidity Range: 5-95% RH non condensing Power Requirement: 16-24 VAC, 60 Hz, 16-30 VDC Current Requirement: 500 ma peak Operating Elec. Environment: Floating or Grounded Dimension (HxWxD): 4 inches x 7.5 inches x 3 inches Unit Enclosure Material: UL Fire Rated Manufacturer: Telaire International Corp. or pre-approved substitute Operator Display: LCD readout required in duct units; no display required for room mounted units. Calibration Requirements: Software, two (2) gas canisters (or two (2) gas canisters for every three (3) units installed, whichever is greater), and interface cabling for RS-232. Ancillary Devices: Provide mounting bases and/or aspiration box as required per manufacturer's recommendation. Warranty: Two (2) year parts, shipping, and labor required.

DDC CONTROLS 15900-14

Contractor to keep sufficient spares locally available so as to minimize downtime due to delays in shipping Acceptable manufacturers - Telaire Vendostat 2001V.

G. OUTSIDE AIR MONITOR AND CONTROL

1. Each VAV air handling unit shall have an airflow control station capable of performing constant volume control of outside air without loss of required outside air at part load.

2. Each airflow monitor and control station shall be complete with velocity pressure transmitter and air volume flow rate control.

a. Pressure transmitter ranges shall be selected such that the velocities across the air monitor sensing element are at mid-range of the manufacturer's velocity range for the sensor.

b. The Controls Contractor shall verify any outside air dampers not used to achieve the velocity requirements are disconnected and permanently secured shut.

c. The Controls Contractor shall notify the Division 15 Contractor of any outside air openings that result in bypassing the air monitor sensor.

3. The major control instruments shall be capable of the following minimum performance:

a. Differential Pressure Transducer: The differential pressure transducer shall be capable of transmitting a linear 4 to 20 ma (or 0 to 10 volts) output signal proportional to the differential (velocity) pressure input signals within the following performance and applications criteria.

(1) Calibrated Spans ......................not greater than 1-1/2 times the maximum design velocity pressure.

(2) Calibrated Overall Accuracy ...±1.0% of span.

(3) Repeatability ............................±0.05% of output.

(4) Operating Range of Sensor ......20°F to 150°F

(5) Operating Range of Transmitter 20°Fto 150°F.

DDC CONTROLS 15900-15

(6) The transmitter output shall be unaffected by direction (or attitude) of mounting or external vibrations, and shall be furnished with a factory calibrated span.

4. Units to comply with minimum manufacturer’s up and downstream configuration, to be coordinated with Division 15 Contractor.

5. All velocity to CFM calculations shall be done in the DDC system.

6. Where called for on the AHU specifications, the AHU manufacturer shall provide the sensing station and matched velocity to signal conversion. Linearization and conversion from velocity to CFM shall be done in the DDC system.

7. When using a duct mounted air monitoring station, the sensing station shall be the responsibility of the Controls Contractor. The velocity signal shall be brought into the DDC system. Linearization and conversion to CFM shall be accomplished in the DDC system.

H. LOW TEMPERATURE LIMIT SENSORS

1. Provide low temperature protection thermostats of manual-reset type with sensing elements 8' or 20' in length. Provide thermostat designed to operate in response to coldest 1' length of sensing element, regardless of temperature at other parts of element. Support element properly to cover entire duct width. Provide separate thermostats for each 25 sq.ft. of coil face area or fraction thereof.

2. Sensors shall be provided by Controls Contractor, if not provided as an integral part of the AHU. Control circuit shall be 110 VAC and shall be provided by the Controls Contractor.

3. If called for on the documents, provide a BI to an auxiliary contact.

I. CONTROL WIRING

1. All conductors shall be of stranded copper wire.

2. All PVC/EMT/rigid steel conduit and outlet boxes shall conform to the requirements specified under Division 16, Electrical.

3. All cabling (routed in conduit or not) shall be plenum smoke rated.

4. All wiring cables shall have 600 volt insulation and shall be provided with a bound stripping string to facilitate preparing wire terminations.

5. Conduit fittings shall be steel compression or set screw type.

DDC CONTROLS 15900-16

J. VARIABLE FREQUENCY DRIVE (VFD) MOTOR SPEED CONTROLLER (Refer to Drawings for Voltage, Size, and Location found on Pump and/or Air Handling Unit Equipment Schedules)

1. Provide the following minimum hard-wired discrete inputs/outputs between the drives and the DDC system:

a. AO to control drive speed;

b. AI reference to monitor actual drive speed;

c. BO to activate the drive;

d. BI for drive failure alarm (drive fault).

3. If specifically called for on the plans, provide a communications integration interface between the drive and DDC system. This requirement shall not replace the requirement for the listed minimum discrete I/O points.

Part 3 – Execution

3.01 INSTALLATION

A. Each control system shall be complete with all necessary thermostats, valves, relays, switches, accessories, etc., and all interconnections and so arranged that they shall provide the proper automatic sequence of operation between the various control devices, as required to maintain the desired temperature, conditions and sequence, to provide a complete operating system. The intent of this specification is for the Controls Contractor to provide all necessary components to achieve the desired operations whether or not interposing devices are specifically shown on the documents.

B. All control equipment shall be fully modulating unless otherwise noted, and relays or accessories not specifically mentioned but required for proper operation shall be included.

C. The system shall be installed by competent personnel, who are well trained and regularly employed by the Control Contractor. Installation by the Mechanical Contractor is not acceptable, unless otherwise noted on the plans.

D. Control and instrument wiring and capillaries are to be secured to the building structure using J hooks (not to ductwork, conduits, or water piping).

E. The exact location of instruments, panel boards, accessories, etc. may be located where the old system used to be.

DDC CONTROLS 15900-17

F. All non-panel and panel mounted instruments shall be clearly labeled as to use and system served by means of engraved laminated name plates permanently attached to the device. Use pop rivets or other permanent fasteners to secure labels. Where no space exists on the device, provide a means to securely attach the name plate (or metal engraved tag) to the device.

G. Where control instruments or accessories are to be installed on covered casings, ductwork etc., they shall be mounted on a permanent surface of the equipment (not on removable covers). Care shall be taken that there are no leaks around the stems where they pass through the metal work. Provide insulation or device extensions to minimize condensate forming.

H. All existing modulating control valves, dampers, etc., shall operate in a slow, gradual manner without any jerking or slamming.

I. This Control Contractor shall furnish any necessary additional controls, relays, or damping devices, as required, to correct cycling or hunting that occurs in any part of the control system after the system is in operation.

J. Install new controller on PIUs and reconnect power on the actuator.

K. Field panel assemblies shall be provided per the following guidelines:

1. Field Panels shall be installed in a neat and orderly manner. Standards of quality and acceptance shall be at the sole discretion of the Engineer.

L. All above ceiling devices shall have a permanently mounted label on the ceiling visible from below. Labels shall be permanent and pop-riveted to the ceiling grid or otherwise secured to hard ceilings.

M. Furnish and install as-built wiring diagrams to indicate the control points on all equipment. Also, provide laminated point lists in all control panels.

N. Provide transient voltage surge suppression on FPs, GNCs, and field devices, as required by the manufacturer.

O. Programming code shall be documented in line using REMARK statements. Any changes after acceptance shall be REMARKED, dated, and initialed by the person changing the code.

3.02 CONTROL WIRING

The following criteria shall be met. Should any deviation be required to comply with manufacturers requirements then the Engineer shall be notified of any deviations prior to installations.

A. Provide over-current protection for all control and interlock wiring.

DDC CONTROLS 15900-18

B. Line voltage and external to enclosures low voltage control wiring shall be run in conduit in mechanical equipment rooms. Do not install low and high voltage in same conduit. J-hooks may be used above ceiling where no conduit is required.

C. No splices shall be allowed.

D. Utilize existing conduit, additional conduit fittings shall be steel compression type. Set screw fittings are not acceptable.

E. Wiring Conventions:

1. Communication Wiring provided by the Controls Contractor shall be 18 gauge, 2 wire, shielded cable - GREEN in color (Belden #8760 or equivalent).

2. Field Panel I/O Wiring provided by the Controls Contractor shall be per the following:

a. Analog Inputs – WHITE.

b. Analog Outputs – YELLOW.

c. Binary Inputs – ORANGE.

d. Binary Outputs – BROWN.

3. Field Panel Power Wiring shall be BLUE with grounded secondaries, unless specifically prohibited by the Manufacturer.

F. Cables shall be properly identified/tagged with matching wire markers on both ends as to the control point. Wire marker ink shall be permanent and shall survive water and/or oil being wiped on the surface. Provide heat shrink labels on both ends of wiring.

G. Wiring installed in concealed locations (i.e., ceilings to wall temperature sensors, above hard ceilings, underground, etc.) shall be run in conduit. EMT conduit fittings shall be steel compression type. Set screw fittings are not acceptable. Conduit shall be no less than 3/4" diameter.

H. Non conduit wires (exposed wires above ceiling) shall be decided by the detail spec (project scope).

I. Any cable or wiring installed in a drywall partition must be run in a minimum of ½" conduit.

DDC CONTROLS 15900-19

3.03 CONTROL MANUFACTURER'S FIELD SERVICES AND INSTRUCTIONAL REQUIREMENTS

A. Start-up and commissioning system: Allow sufficient time for start-up and commissioning prior to placing control systems in permanent operation. On-site training shall not begin until the system has been accepted by the Owner/Engineer and field verifications have been completed.

B. On-site Training: Provide forty (40) hours of training. This training shall be completed in group designed by the Owner at one time in one four-hour session. The training shall focus on the specific installation and shall address both hardware and software. Specific as-built documentation for this project shall be used for reference as a part of this training. Pre-submit course outline to the Owner as stated above.

C. It shall be the Owner's responsibility to provide adequate time for attendance at all training sessions.

3.04 DEMONSTRATION

A. General: Provide field testing and adjustment of the complete DDC and an on-site operational acceptance test of the complete operational DDC. Notify the Owner in advance of all testing activities. The Owner may witness all tests.

3.05 SUBSTANTIAL COMPLETION, ACCEPTANCE, AND WARRANTY

A. After the Engineer’s verification, an acceptance test of the completed system in the presence of the Owner's representative and the Engineer shall be performed. When the system performance is deemed satisfactory by these observers and all record (as-built) drawings have been received by the Owner, that part of the system shall be considered substantially complete.

B. All control hardware, software, and firmware installed by the Controls Manufacturer or the Manufacturer representative shall be warranted by the Controls Manufacturer for a period of one year. Defects arising during this warranty period shall be corrected without cost to the Owner.

C. During substantial completion and final walk-through the Control contractor shall be present.

DDC CONTROLS 15900-20

3.06 TESTING

A. The Control Contractor shall test the entire system and document the point by point operation of all controls and perform all required continuity testing of conductors prior to final connection to control equipment.

B. Substantial Completion inspections shall not be scheduled or performed until a detailed statement has been received from the Control Contractor certifying that the point-to-point checks have been completed. Also, a list of any non-completed or improperly operating devices shall be a part of this certified statement. This list must be submitted a minimum of five days prior to a Substantial Completion inspection.

C. Provide an all points print report log with the substantial completion inspection report.

3.07 CALIBRATION AND ADJUSTMENT

A. After completion of the installation, perform calibration and adjustments of the Automatic Temperature Control system provided under this contract, and supply services incidental to the proper performance of the temperature control system under the warranty below. This includes existing components and newly installed components.

B. Provide a detailed calibration and checkout log detailing the calibration and adjustment activities performed.

3.08 PREVENTATIVE MAINTENANCE INSPECTIONS

A. Preventative Maintenance Inspections shall be included within the scope of the work specified herein and shall consist of the following:

1. Coverage to start at Substantial Completion and extend for one year from that date.

a. The first year shall be coordinated through the Owner’s normal warranty process as defined under the General Conditions.

Part 4 – Sequence of operation

4.01 BASIC REQUIREMENTS

A. The control sequences indicated in the specifications herein show the intended sequence of operation of the various control systems and shall be followed completely, deviations are not acceptable.

B. The Control Contractor is responsible to provide/add the required points to correctly perform the specified sequence of operation.

DDC CONTROLS 15900-21

C. Refer to the drawings for sequence of operation.

Part 5 – Operator Interfaces, Graphics and Trending

5.01 SOFTWARE

A. Basic Interface Description

1. Operator workstation interface software shall minimize operator use and through the use of English language prompting. English language point identification and industry standard PC application software. The software shall provide, as a minimum, the following functionality:

a. Real-time graphical viewing and control of environment

b. Scheduling and override of building operations

c. Collection and analysis of historical data and dynamic data (trend plot)

d. Definition and construction of dynamic color graphic displays

e. Editing, programming, storage and downloading of global network controller databases

f. Alarm reporting, routing, messaging, and acknowledgment

2. Provide a graphical user interface which shall minimize the use of the keyboard by using a mouse or similar pointing device with a "point and click" approach to menu selection.

3. The software shall provide a multi-tasking type environment that allows the user to run several applications simultaneously. Other Windows applications shall run simultaneously with the DDC software. The mouse or Keyboard shall be used to quickly select and switch between multiple applications. The operator shall be able to work in Microsoft Word, Excel, and other Windows based software packages, with concurrent annunciation of on-line DDC alarms and monitoring information.

a. Provide functionality such that any of the following may be performed simultaneously on-line, and in any combination, via user-sized windows:

(1) Dynamic color graphics and graphic control

(2) Alarm management, routing to designated locations, and customized messages

DDC CONTROLS 15900-22

(3) Week at a Glance Time-of-Day scheduling

(4) Trend data definition and presentation

(5) Graphic definition and construction

(6) Program and point database editing on-line

b. Report and alarm printing shall be accomplished via Windows program manager, allowing use of network printers.

4. Provide a security system that prevents unauthorized use. (Owner should define the number of passwords.)

a. The user shall have an individual password, which should be individually assigned which control functions and menu items the user has access to. The password, user name, and access assignments shall be on-line, at the operator’s terminal. The user should also have a set security level that defines access to displays and also defines what individual points the user can control.

5. Operator Activity Tracking—An audit trail report to track system changes, accounting for operator initiated actions, changes made by a particular person or changes made to a specific piece of equipment designated time frame, shall be printable and archived for future use. The operator activity tracking shall be in a tamper-proof buffer file.

6. Reports shall be generated on demand or via pre-defined schedule and directed to either CRT displays, printers, or disk. As a minimum, the system shall allow the user to easily obtain the following types of reports:

a. A general listing of all or selected points in the network

b. List of all points currently in alarm

c. List of all points currently in override status

d. List of all disabled points

e. List of all points currently locked out

f. List of user accounts and access levels

g. List all weekly schedules

h. List of limits and dead-bands

i. Excel reports

DDC CONTROLS 15900-23

j. System diagnostic reports including, list of DDC panels on line and communicating, status of all DDC terminal unit device points

k. List of programs

7. Scheduling and Override

a. Provide a graphical spreadsheet-type format for simplification of time-of-day scheduling and overrides of building operations. Schedules reside in both the PC workstation and DDC Global Network Controller to ensure time equipment scheduling when PC is off-line, PC is not required to execute time scheduling. Provide override access through menu selection or function key. Provide the following spreadsheet graphic types as a minimum:

(1) Display of Weekly schedules shall show all information in easy to read 7 day (week) format for each schedule. This includes all on/off times for each day along with all optimum start information.

(2) Holiday schedules shall show all dates that are to be holidays. Holidays shall be shown on the terminal in a graphical calendar format showing all scheduled days for a given month. User shall be able to easily scroll through the months for each year. Each day assigned as a holiday shall display as "All Off" or show "Scheduled" for that day.

(3) Event schedules shall be shown in the same graphical calendar format and manner as Holiday schedules. Event schedules allow for scheduling of special events. After an event has elapsed, control returns to normal schedule.

b. Operator shall be able to change all information for a given Weekly, Holiday or Event schedule if logged on with the appropriate security access. This includes all information that has to do with optimum start including assignments such as sensors to use and heating/cooling factors.

8. Collection and Analysis of Historical Data

a. Provide trending capabilities that allow the user to easily monitor and preserve records of system activity over an extended period of time. Any system point may be trended automatically at time-based intervals or change of value, both of which shall be user-definable. Trend data may be stored on hard disk for future diagnostics and reporting. Additionally, trend data may be archived to network drives or removable disk media for future retrieval.

DDC CONTROLS 15900-24

b. Trend data reports shall be provided to allow the user to view all trended point data. Reports may be customized to include individual point or predefined groups. Provide additional functionality to allow predefined groups to be easily transferred on-line to Microsoft Excel. DDC contractor shall provide custom designed spreadsheet reports for use by the owner to track energy usage and cost, equipment run times, equipment efficiency, and/or building environmental conditions. DDC contractor shall provide setup of custom reports including creation of data format templates for monthly or weekly reports.

c. Provide additional functionality that allows the user to view real-time trend data on trend graph displays. A minimum of six (6) points may be graphed, regardless of whether they have been predefined for trending. The dynamic graphs shall continuously update point values. At any time the user may redefine sampling times or range scales for any point. In addition, the user may pause the graph and take “snapshots” of screens to be stored on the workstation disk for future recall and analysis. Exact point values may be viewed and the graphs may be printed.

d. System software shall be capable of graphing the trend log point data. Software shall be capable of creating x-y graphs that display multiple points at the same time in different colors. Graphs shall show point value relative to time.

e. Operator shall be able to change trend log setup information as well. This includes information to be trend logged as well as interval at which information is to be logged. All points in the system may be logged. All operations shall be password protected. Setup and viewing may be accessed directly from any and all graphics point is displayed on.

9. Application Software

The application software is the auxiliary software which shall be included in the system as follows.

a. Energy Management Software

(1) Daily use

(2) Monthly use

(3) Daily Hi and Low

(4) Monthly Hi and Low

(5) Demand Limiting and Load Shedding Program

DDC CONTROLS 15900-25

b. Maintenance Software

(1) Schedule Maintenance

(2) Run time accumulation for any specified equipment

c. Occupancy Software

(1) After hour use log

10. Alarm Indication

a. System Terminal shall provide audible, visual and printed means of alarm indication. The Alarm Dialog box shall always become the Top Dialog box regardless of the application(s) being run at the time (such as a word processor). Printout of alarms shall be sent to the assigned terminal and port.

b. Provide log of alarm messages. Alarm log shall be archived to the hard disk of the system terminal. Each entry shall include point descriptor and address, time and date of alarm occurrence, point value at time of alarm, time and date of point return to normal condition, time and date of alarm acknowledge.

c. Alarm messages shall be in plain English (or specified language) and shall be user definable on site or via remote communication. System shall provide a minimum of 20 user definable messages for each zone controlled.

d. Existing life safety equipment/devices shall remain as is and shall remain uninterrupted.

11. Energy Log Information

a. System shall periodically gather energy log data stored in the field equipment and archive the information on the operator terminal's hard disk. Archive files shall be appended with the new data, allowing data to be accumulated over several years. Systems that write over archived data shall not be allowed. System shall automatically open archive files as needed to display archived data when operator scrolls through the data. Display all Energy log information in standard engineering units.

b. System software shall be capable of graphing the Energy log data. Software shall be capable of creating graphs in x-y format that show recorded data relative to time.

c. Operator shall be able to change the Energy log setup information as well. This includes which meters to be logged, meter pulse value and what type of energy units are being logged.

DDC CONTROLS 15900-26

All meters monitored by the system may be logged. All operations shall be password protected.

d. Provide means for operator to export to a comma delimited file format all trend log data for use by other spread sheet programs. Operation of system shall not be affected by this operation. In other words, it shall stay completely on-line.

12. Controller Status

a. Provide means for operator to view communication status of all controllers connected to the system. Display shall include controller, status and error count. Status shall show if controller is communicating or not. Error count shall show actual count of communication errors between system and controllers in the field.

b. Provide means for operator to reset error count for all controllers to zero.

c. Provide capability to select alarm indication for each controller.

13. Configuration/Setup

a. Provide means for operator to display and change system configuration. This shall include but not be limited to system time, day of the week, date of Daylight Savings set forward/setback, printer type and port addresses, modem port and speed, etc. Items shall be modified utilizing easy to understand terminology using simple mouse/cursor key movements.

14. Dynamic Color Graphic Displays

a. Create Site Layout Color graphic including building penetration Icons, building floor plan displays with room temperatures and other building sensors values dynamically displayed. Icon links on the floor plans shall allow penetration to the building’s mechanical equipment. Provide System graphics for each piece of mechanical equipment, including air handling units, exhaust fans, PIU’s, VVU’s, FCU’s and hot water coil systems as applicable, with dispersed dynamic data as indicated in the system point I/O summary of this specification. Points required by the sequence of operations shall also be displayed even if they are not defined by the I/O schedule to optimize system performance analysis and speed alarm recognition. Submit graphics for approval prior to system checkout. Provide as a minimum the following graphics.

(1) Site layout

DDC CONTROLS 15900-27

(2) Building Floor plans

(3) Individual AHU graphics

(4) FCU’s, EF’s and PIU boxes shall be shown on the floor plans, clicking on the device shall display all data associated with the device.

(6) All graphics shall provide, in addition to the system points, the following.

Outside air temperatures

Building CHWS/CHWR temperatures

Building HWS/HWR temperatures

b. The operator interface shall allow users to access the various system schematics and floor plans via a graphical penetration scheme, menu selection or text-based commands. Graphics software shall permit the importing of Auto-cad or Bitmap drawings for use in the system.

c. Dynamic temperature values, humidity values, flow values and status indication shall be shown in their actual respective locations and shall automatically update to represent current conditions without operator intervention and without pre- defined screen refresh rates.

d. Analog bars in 3 sizes, or color conventions shall be available for monitor and control of analog values; high and low alarm limit settings shall be displayed on the analog scale or available and displayed separately. The user shall be able to “click and drag” the pointer to change the set point.

e. Provide the user the ability to display blocks of point data by defined point groups; alarm conditions shall be displayed by flashing point blocks.

f. Equipment state can be changed by clicking on the point block or graphic symbol and selecting the new state (on /off) or set point.

g. Colors shall be used to indicate status and change as the status of the equipment changes. The state colors shall be user definable. (Red-Alarm, Green-OK).

h. The windowing environment of the PC operator workstation shall allow the users to simultaneously view several applications at a time to analyze total building operation or to allow the display of

DDC CONTROLS 15900-28

a graphic associated with an alarm to be viewed without interrupting work in progress.

i. Off the shelf graphic software, Micro-gafx Designer or Coral Draw software shall be provided to allow the user to add, modify or delete system graphic displays.

j. A clipart library of HVAC and automation symbols shall be provided including fans, valves, motors, AHU systems, standard ductwork diagrams and laboratory symbols that pertain to each project specific. The user shall have the ability to add custom symbols to the clipart library.

END OF SECTION 15900