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FY2014-07 North Star Elementary Painting and Siding ReplacementC4h4r-.4 2dlw- o-7 KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT Borough Building and North Star Elementary Exterior Repairs #12001 North Star Elementary Exterior Painting/Siding Replacement PROJECT NAME AND NUMBER This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and Wolverine Supply, Inc. Company Name 5099 E. Lupine Drive, Wasilla, AK 99654 Company Address (Street or PO Box, City, State, Zip) a/an ❑ Individual ❑Partnership ❑Joint Venture [—]Sole Proprietorship ® Corporation incorporated under the laws of the State of Alaska, its successors and assigns, herein called the Contractor, is effective the date of the signature of the Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above -referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials famished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Payment under this Contract shall not exceed One Hundred Ninety Seven Thousand Seven Hundred Thirteen dollars (S_19 7,713.00 ) for all base items and additive items. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before: August 15, 2013 or within n/a calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and Kodiak Island Borough Construction Contract Page 1 of 3 C\Decunnents and Settings\tod\Local Settings\Temporary Internet Files\Content.Outlook\6RWNZ6RZT:xtedor Contract.doc performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover as specified in Article 11, Supplemental General Conditions 2.6 Five Hundred_ dollars ($ 500.00 ) per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $ 197,713.00 Payment Bond, and $ 197,713.00 Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means Charles E. Cassidy, Jr. or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) Construction Drawings dated May 22, 2013 ;(2) Project Manual dated May 22 2013 Kodiak Island Borough Construction Contract Page 2of 3 CADocuments and Settingsltod\toeal Settings\Temporary Internet Files\Content.Outlook\6RWNZ6RZ\Exterior Contractdoc IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Db1m=e 9{p1Y, TM. Company Name Signature of Authorized Company Representative 'Bili Sldm, vice p esiderit Typed Name and Title Date KODIAK ISLAND BOROUGH Charles E. Cassidy, Jr. Typed Name 71r /i3 Date Borough (ATTEST) Kodiak Island Borough Construction Contract Page 3of 3 \! �� 63 9SKA * 19/ G) 2 C1Documents and Settings\todl mal SeWngs\Temporary Internet Files ContentOutlook\6RWNZ6RZ\Exterior Contract.doc SECTION 00100 INVITATION TO BID INVITATION FOR BIDS 1.1 The KODIAK ISLAND BOROUGH will receive sealed bids until 3:00pm (local time), June 19, 2013, for the NORTH STAR ELEMENTARY SCHOOL EXTERIOR RENOVATION, Kodiak, Alaska. A. All work to be done under one Contractor as described in the Scope of Work: The work includes replacement of selected siding, repair of existing siding and painting of existing exterior siding, doors and selected hollow metal frames, wood and plastic trim. B. All work must be substantially complete not later than August 15, 2013 and final completion achieved not later than September 15, 2013. C. Equal employment opportunity requirements prevail. D. The Kodiak Island Borough reserves the right to reject or accept any or all bids, to waive irregularities or informalities in the bid or in the bidding, and to give particular attention to the qualifications of the Bidder. E. The attention of Bidders is directed to the applicable Federal and State requirements and conditions of employment to be observed and minimum wage rates to be paid under the Contract. F. All bids shall be accompanied by a bid bond, certified check, cashier check or money order in the amount of not less than five percent (5%) of the total amount bid. Bid bonds shall be in a form satisfactory to the Kodiak Island Borough. G. There will be a non -mandatory are -bid conference in the KIB Projects Office conference room, 720 Egan Way, Kodiak, Alaska, on June 3, 2013 starting at 11:00 am local time. All potential bidders are encouraged to attend this conference. H. Complete bidding documents for this project are available in electronic form. They may be viewed online and downloaded without charge and without deposit from our e -Builder website. A link to the site will be available at the Kodiak Island Borough Website, www.kodiakak.us . If software/website technical assistance is needed for e -Builder please call toll free 888-288-5717. Bidders must register through the e -Builder web site to download drawings. I. Bidders are responsible for their own printing. Bid documents are not available from the Architect or the Owner. Printed copies may be obtained by downloading the documents and ordered from reprographic companies by contacting a reprographer directly. Downloaded files may also be printed on the plan holder's equipment. Plan holders are responsible for their own reproduction costs. No hard copies will be sent. The Contractor that is awarded the project will be responsible for printing all documents necessary for performing the work. Addenda will be posted only on the e -Builder website. Registered bidders will receive email notification of an Addendum when it has been posted on the e -Builder website. Planholders lists will not be NORTH STAR ELEMENTARY INVITATION TO BID EXTERIOR RENOVATION 00100-1 provided directly to bidders. Planholders lists will be posted on the KIB website and updated periodically. It is the bidders responsibility to obtain the planholders list by downloading it from the KIB website, www.kodiakak.us. CONTACT PERSON: MATT GANDEL, PROJECT MANAGER ENGINEERING/FACILITIES DEPARTMENT KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 PHONE: (907) 486-9349 FAX: (907) 486-9347 mgandel@kodiakak.uS BID PACKAGE AVAILABLE May 28, 2013 SUBMIT BIDS AND REQUIRED DOCUMENTS VIA THE e -BUILDER WEBSITE. BIDS WILL BE RECEIVED ONLY THROUGH THE e -BUILDER WEBSITE UNTIL THE TIME STATED ABOVE, AT WHICH TIME THEY WILL BE PUBLICLY OPENED AND READ ALOUD IN KIB PROJECTS OFFICE CONFERENCE ROOM, 720 EGAN WAY, KODIAK, ALASKA. e -BUILDER WILL NOT ALLOW BIDS TO BE SUBMITTED AFTER THE TIME STATED ABOVE. IsH fall,] 0100 weyllm L11`11111A KODIAK ISLAND BOROUGH MANAGER END OF SECTION INVITATION TO BID NORTH STAR ELEMENTARY INVITATION TO BID EXTERIOR RENOVATION 00100-2 KODIAK ISLAND BOROUGH, ALASKA GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS................................................................................................. 6 ARTICLE 2 - AUTHORITIES & LIMITATIONS............................................................ 10 2.1 Authorities and Limitations.......................................................................................... 10 2.2 Evaluations by Contracting Officer.............................................................................. 11 2.3 Means & Methods......................................................................................................... l I ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .............. 12 3.1 Incomplete Contract Documents................................................................................... 12 3.2 Copies of Contract Documents..................................................................................... 12 3.3 Scope of Work.............................................................................................................. 12 3.4 Intent of Contract Documents....................................................................................... 12 3.5 Discrepancy in Contract Documents............................................................................ 13 3.6 Clarifications and Interpretations (RFIs)...................................................................... 13 3.7 Ownership and Reuse of Documents............................................................................ 15 ARTICLE 4 - LANDS AND PHYSICAL CONDITIONS .................................................. 15 4.1 Availability of Lands....................................................................................................15 4.2 Visit to Site................................................................................................................... 15 4.3 Explorations and Reports.............................................................................................. 15 4.4 Utilities..........................................................................................................................16 4.5 Damaged Utilities......................................................................................................... 16 4.6 Utilities Not Shown or Indicated.................................................................................. 17 4.7 Survey Control.............................................................................................................. 17 ARTICLE 5 - BONDS, INSURANCE, AND INDEMNIFICATION ................................ 18 5.1 Delivery of Bonds......................................................................................................... 18 5.2 Bonds............................................................................................................................ 18 5.3 Replacement of Bond and Surety................................................................................. 18 5.4 Insurance Requirements................................................................................................ 19 5.5 Indemnification............................................................................................................. 21 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES................................................... 21 6.1 Supervision of Work..................................................................................................... 21 6.2 Superintendence by Contractor..................................................................................... 21 6.3 Character of Workers.................................................................................................... 21 6.4 Contractor to Furnish....................................................................................................22 6.5 Materials and Equipment.............................................................................................. 22 6.6 Anticipated Schedules................................................................................................... 22 6.7 Finalizing Schedules.....................................................................................................24 6.8 Adjusting Schedules...................................................................................................... 24 6.9 Substitutes or "Or Equal" Items.................................................................................... 24 6.10 Reserved........................................................................................................................27 6.11 Reserved........................................................................................................................27 6.12 Dividing the Work........................................................................................................27 6.13 Subcontractors...............................................................................................................27 6.14 Use of Premises............................................................................................................. 28 6.15 Structural Loading........................................................................................................ 28 NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-2 6.16 Record Documents........................................................................ 6.17 Safety and Protection.................................................................... 6.18 Safety Representative.................................................................... 6.19 Emergencies.................................................................................. 6.20 Shop Drawings and Samples........................................................ 6.21 Shop Drawing and Sample Review .............................................. 6.22 Maintenance During Construction ................................................ 6.23 Continuing the Work..................................................................... 6.24 Consent to Assignment................................................................. 6.25 Use of Explosives......................................................................... 6.26 Contractor's Records..................................................................... ARTICLE 7 - LAWS AND REGULATIONS ...................................... 7.1 Laws to be Observed..................................................................... 7.2 Permits, Licenses, and Taxes ........................................................ 7.3 Patented Devices, Materials and Processes .................................. 7.4 Compliance of Specifications and Drawings ................................ 7.5 Accident Prevention...................................................................... 7.6 Sanitary Provisions....................................................................... 7.7 Business Registration.................................................................... 7.8 Professional Registration and Certification .................................. 7.9 Local Building Codes................................................................... 7.10 Environmental Quality Control ..................................................... 7.11 Archaeological or Paleontological Discoveries ............................ 7.12 Alaska Agricultural Products........................................................ 7.13 Preferential Employment.............................................................. 7.14 Wages and Hours of Labor........................................................... 7.15 Overtime Work Hours and Compensation .................................... 7.16 Covenant Against Contingent Fees ............................................... 7.17 Officials Not To Benefit............................................................... 7.18 Personal Liability of Public Officials ........................................... ARTICLE 8 - OTHER WORK............................................................. 8.1 Related Work At Site.................................................................... 8.2 Access, Cutting, and Patching...................................................... 8.3 Defective Work By Others............................................................ 8.4 Coordination................................................................................. ARTICLE 9 - CHANGES...................................................................... 9.1 Borough's Right to Change........................................................... 9.2 Authorization of Changes within the General Scope .................... 9.3 Directive........................................................................................ 9.4 Change Order................................................................................ 9.5 Shop Drawing Variations.............................................................. 9.6 Changes Outside the General Scope; Supplemental Agreement.. 9.7 Unauthorized Work....................................................................... 9.8 Notification of Surety................................................................... 9.9 Differing Site Conditions.............................................................. ......... 28 ......... 28 ......... 29 ......... 29 ......... 30 ......... 31 ......... 31 ......... 31 ......... 32 ......... 32 ......... 32 ......... 33 ......... 33 ......... 33 ......... 33 ......... 34 ......... 34 ......... 34 ......... 34 ......... 34 ......... 34 ......... 35 ......... 35 ......... 35 ......... 35 ......... 35 ......... 36 ......... 36 ......... 37 ......... 37 ......... 37 ......... 37 ......... 37 ......... 38 ......... 38 ......... 39 ......... 39 ......... 39 ......... 39 ......... 40 ......... 40 ......... 40 ......... 40 ......... 40 ......... 41 NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-3 ARTICLE 10 - CONTRACT PRICE: COMPUTATION AND CHANGE ...................... 41 10.1 Contract Price................................................................................................................ 41 10.2 Claim For Price Change................................................................................................ 41 10.3 Change Order Price Determination............................................................................... 41 10.4 Cost of the Work...........................................................................................................42 10.5 Excluded Costs.............................................................................................................. 44 10.6 Contractor's Fee............................................................................................................ 44 10.7 Cost Breakdown............................................................................................................ 45 10.8 Cash Allowances........................................................................................................... 45 10.9 Unit Price Work............................................................................................................ 45 10.10 Determinations for Unit Prices..................................................................................... 46 ARTICLE I1 - CONTRACT TIME: COMPUTATION AND CHANGE ........................ 46 11.1 Commencement of Contract Time................................................................................ 46 11.2 Starting the Work.......................................................................................................... 46 11.3 Computation of Contract Time .....................................................................................47 11.4 Time Change................................................................................................................. 47 11.5 Extension Due to Delays............................................................................................... 47 11.6 Essence of Contract....................................................................................................... 47 11.7 Reasonable Completion Time....................................................................................... 47 11.8 Delay Damages.............................................................................................................48 ARTICLE. 12 - QUALITY ASSURANCE............................................................................ 48 12.1 Warranty and Guaranty................................................................................................. 48 12.2 Access to Work............................................................................................................. 48 12.3 Tests and Inspections.................................................................................................... 48 12.4 Uncovering Work.......................................................................................................... 50 12.5 Borough May Stop the Work........................................................................................ 50 12.6 Correction or Removal of Defective Work................................................................... 50 12.7 One Year Correction Period.......................................................................................... 51 12.8 Acceptance of Defective Work..................................................................................... 51 12.9 Borough May Correct Defective Work......................................................................... 51 ARTICLE, 13 - PAYMENTS TO CONTRACTOR AND COMPLETION ...................... 52 13.1 Schedule of Values....................................................................................................... 52 13.2 Preliminary Payments................................................................................................... 52 13.3 Application For Progress Payment............................................................................... 52 13.4 Review of Application for Progress Payment............................................................... 53 13.5 Stored Materials and Equipment................................................................................... 53 13.6 Contractor's Warranty of Title......................................................................................53 13.7 Withholding of Payments............................................................................................. 53 13.8 Retainage.......................................................................................................................54 13.9 Request for Release of Funds....................................................................................... 54 13.10 Substantial Completion................................................................................................. 54 13.11 Access Following Substantial Completion................................................................... 55 13.12 Final Inspection.............................................................................................................55 13.13 Final Completion and Application for Payment........................................................... 55 13.14 Final Payment...............................................................................................................55 13.15 Final Acceptance........................................................................................................... 56 NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-4 13.16 Contractor's Continuing Obligation.............................................................................. 56 13.17 Waiver of Claims by Contractor................................................................................... 56 13.18 No Waiver of Legal Rights........................................................................................... 56 ARTICLE 14 - SUSPENSION OF WORK, DEFAULT AND TERMINATION ............. 57 14.1 Borough May Suspend Work........................................................................................ 57 14.2 Default of Contract....................................................................................................... 57 14.3 Rights or Remedies....................................................................................................... 59 14.4 Convenience Termination............................................................................................. 59 ARTICLE 15 - CLAIMS AND DISPUTES........................................................................... 61 15.1 Notification...................................................................................................................61 15.2 Presenting Claim........................................................................................................... 62 15.3 Claim Validity, Additional Information, and Contracting Officer's Actions ............... 62 15.4 Notice of Appeal........................................................................................................... 62 15.5 Borough Manager's Decision........................................................................................ 62 NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-5 ARTICLE 1 - DEFINITIONS Wherever used in the Contract Documents the following terms, or pronouns in place of them, are used, the intent or meaning, unless a different intent or meaning is clearly indicated, shall be interpreted as set forth below. The titles and headings of the Sections, Subsections and Articles herein are intended for convenience of reference and shall not be considered as having bearing on their interpretation. Whenever used in the Specifications or other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof. Working titles which have a masculine gender are intended to refer to person of either sex. Terms not defined below shall have their ordinary accepted meanings within the context which they are used. "Webster's Third New International Dictionary of the English Language, Unabridged, Copyright 1961," or subsequent revision thereof, shall provide ordinarily accepted meanings. Words which have a well-known technical or trade meaning when used to describe work, materials or equipment shall be interpreted in accordance with such meaning. Words defined in Article I are capitalized throughout these General Conditions. Addenda - All clarifications, corrections, or changes issued graphically or in writing by the Borough after the advertisement but prior to the opening of proposals. Advertisement - The public announcement, as required by law, inviting bids for work to be performed or materials to be furnished. Application for Payment - The form provided by the Borough which is to be used by the Contractor in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Approved or Approval - Written approval by the Contracting Officer or his authorized representative as defined in Article 2.1. Architect - The person or firm retained by the Borough to provide architectural and related services. A.S. - Initials which stand for Alaska Statute. Award -The acceptance, by the Borough, of the successful bid. Bid Bond - A type of Proposal Guaranty. Bidder - Any individual, firm, corporation or any acceptable combination thereof, or joint venture submitting a bid or proposal for the advertised Work. Calendar Day - Every day shown on the calendar, beginning and ending at midnight. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-6 Change Order - A written order by the Borough directing changes to the Contract Documents, within their general scope. Borough - The Kodiak Island Borough. References to "Owner" and "Contracting Agency" mean the Borough. Conditions of the Contract - Those portions of the Contract Documents which define the rights and responsibilities of the contracting parties and of others involved in the Work. The Conditions of the Contract include General Conditions, Supplementary Conditions and other conditions. Consultant - The person, firm, or corporation retained directly by the Borough or its Project Manager to prepare Contract Documents, perform construction administration services, or other Project related services. Contract - The written agreement between the Borough and the Contractor setting forth the obligations of the parties and covering the Work to be performed, all as required by the Contract Documents. Contract Documents - The Construction Contract form, Addenda, the bidding requirements and Contractor's bid (including all appropriate bid tender forms), the bonds, the Conditions of the Contract and all other Contract requirements, the Specifications, and the Drawings furnished by the Borough to the Contractor, together with all Change Orders and documents approved by the Contracting Officer for inclusion, modifications and supplements issued on or after the Effective Date of the Contract. Contracting Officer - The person authorized by the Borough to administer the Contract on behalf of the Borough. The Contracting Officer has authority to make findings, determinations and decisions with respect to the Contract and, when necessary, to modify or terminate the Contract. The Contracting Officer is identified on the Construction Contract form. Contractor - The individual, firm, corporation or any acceptable combination thereof, contracting with the Borough or performance of the Work. Contract Price - The total moneys payable by the Borough to the Contractor under the terms of the Contract Documents. Contract Time - The number of Calendar Days or the day specified in the construction Contract and authorized time extensions which identify how much time the Contractor is allowed to achieve Final Completion. Cutting - Removal of in-place construction necessary to permit installation or performance of other work. Defective - An adjective which refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-7 reference standard, tests or approval referred to in the Contract Documents, or has been damaged prior to the Borough's approval of final payment. Directive - A written communication to the Contractor from the Contracting Officer interpreting or enforcing a Contract requirement or ordering commencement of an item of Work. Drawings - The drawings which show the character and scope of the Work to be performed and which have furnished by the Borough or the Borough's Consultant and are by reference made a part of the Contract Documents. Effective Date of the Contract - The date on which the Contract is fully executed by both Contractor and the Borough. Final Acceptance - The Borough's written acceptance of the Work following Final Completion and the performance of all Contract requirements by the Contractor. Final Completion - The Work (or specified part thereof) has progressed to the point that all work is complete as determined by the Contracting Officer. Holidays - In the Borough, Holidays occur on: 1. New Year's Da - January 1 2. Presidents Da -Third Monday in February 3. Seward's Da - Last Monday in March 4. Memorial Da -Last Monday in May 5. Independence Day- Jul4 6. Labor Da - First Monday in September 7. Alaska Da -October 18 8. Veteran's Da -November I] 9. Thanksgiving Day- Fourth Thursday in November 10. Friday Following Thanksgiving Day - Fourth Friday in November Christmas Eve - December 24 V2Day Off 12. Christmas Da - December 25 -11. 13. Every day designated by public -proclamation by the Borough Assembly. If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both legal Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both legal Holidays. Install - Means to build into the Work, ready to be used in complete and operable condition and in compliance with Contract Documents. Invitation for Bids - A portion of the bidding documents soliciting bids for the Work to be performed. Notice of Intent to Award - The written notice by the Borough to all Bidders identifying the apparent successful Bidder and establishing the Borough's intent to execute the Contract when all conditions required for execution of the Contract are met. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-8 Notice to Proceed - A written notice to the Contractor to begin the Work and establishing the date on which the Contract Time begins. Patching - Fitting and repair work required to restore surfaces to original conditions after installation of other work. Payment Bond - The security furnished by the Contractor and its Surety to guarantee payment of the debts covered by the bond. Performance Bond - The security furnished by the Contractor and its Surety to guarantee performance and completion of the Work in accordance with the Contract. Project - The total construction, of which the Work performed under the Contract Documents is the whole or a part, where such total construction may be performed by more than one Contractor. Project Manager - The authorized representative of the Contracting Officer who is responsible for administration of the Contract. Proposal - The offer of a Bidder, on the prescribed form to perform the Work at the prices quoted. The Proposal may also be referred to as the Bid. Proposal Guaranty - The security furnished with a Proposal to guarantee that the bidder will enter into a Contract if his Proposal is accepted by the Borough. Regulatory Requirements - Laws, rules, regulations, ordinances, codes and/or orders. RFI - Request from the Contractor seeking interpretation or clarification of the Contract Documents. Schedule of Values - The Borough's document, submitted by the Contractor and reviewed by the Contracting Officer allocating portions of the Contract Price to various portions of the work, which shall serve as the basis for computing payment and for establishing the value of separate items of Work of which comprise the Contract Price. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specially prepared by or for the Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by the Contractor to illustrate material, equipment, fabrication, or erection for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems standards and workmanship as applied to the Work and certain administrative and procedural details applicable thereto. Specifications may also be referred to as Project Manuals. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-9 Subcontractor - An individual, firm, or corporation to whom the Contractor or any other Subcontractor sublets part of the Contract. Substantial Completion - Although not fully completed, the Work (or a specified part thereof) has progressed to the point where, in the opinion of Borough as evidenced by the Borough's written notice, it is sufficiently complete, in accordance with the Contract Documents so that the Work (or specified part) can be utilized for the purposes for which it is intended. The terms "Substantially Complete" and "Substantially Completed" as applied to any work refer to Substantial Completion thereof. Supplemental Agreement - A written agreement between the Contractor and the Borough covering work that is not within the general scope of the Contract. Supplementary Conditions - The part of the Contract Documents which amends or supplements these General Conditions. Supplier - A manufacturer, fabricator, distributor, materialman or vendor of materials or equipment. Surety - The corporation, partnership, or individual, other than the Contractor, executing a bond furnished by the Contractor for the benefit of the Borough. Unit Price Work - Work to be paid for on the basis of unit prices Using Agency - The entity who will occupy or use the completed Work. Work - Work is the act of, and the result of, performing services, furnishing labor, furnishing and incorporating materials and equipment into the Project and performing other duties and obligations, all as required by the Contract Documents. Such Work, however incremental, will culminate in the entire completed Project, or the various separately identifiable parts thereof. ARTICLE 2 - AUTHORITIES AND LIMITATIONS 2.1 Authorities and Limitations: 2.1.1 The Contracting Officer alone shall have the power to bind the Borough and to exercise the rights, responsibilities, authorities and functions vested in the Contracting Officer by the Contract Documents, except that the Contracting Officer shall have the right to designate in writing authorized representatives to act for him. Wherever any provision of the Contract Documents specifies an individual or organization, whether governmental or private, to perform any act on behalf of or in the interests of the Borough, that individual or organization shall be deemed to be the Contracting Officer's authorized representative under this Contract but only to the extent so specified. The Contracting Officer may, at any time during the performance of this Contract, vest in any such authorized representatives additional power and authority to act for the Contracting Officer or designate additional representatives, specifying the extent of their authority to act for the Contracting Officer; a copy of each document vesting additional authority NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-10 in or removing that authority from an authorized representative or designating an additional authorized representative shall be furnished to the Contractor. The Borough Manager reserves the right to appoint a new Contracting Officer without affecting any of the Contractor's obligations to the Borough under this Contract. 2.1.2 The Contractor shall perform the Work in accordance with any written order (including but not limited to instruction, direction, interpretation or determination) issued by an authorized representative in accordance with the authorized representative's authority to act for the Contracting Officer. The Contractor assumes all the risk and consequences of performing the Work in accordance with any order (including but not limited to instruction, direction, interpretation or determination) of anyone not authorized to issue such order, and of any order not in writing. 2.1.3 Should the Contracting Officer or his authorized representative designate Consultant(s) to act for the Borough as provided for in Paragraph 2.1.1, the performance or nonperformance of the Consultant under such authority to act, shall not give rise to any contractual obligation or duty of the Consultant to the Contractor, any Subcontractor, any Supplier; or any other organization performing any of the Work or any Surety representing them. 2.2 Evaluations by Contracting Officer: 2.2.1 The Contracting Officer will decide all questions which may arise as to a. Quality and acceptability of materials furnished; b. Quality and acceptability of Work performed; C. Compliance with schedule of progress; d. Interpretation of the schedule of progress; e. Acceptable fulfillment of the Contract on the part of the Contractor. 2.2.2 In order to avoid cumbersome terms and confusing repetition of expressions in the Contract Documents the terms "as required," "as approved" or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used it shall be understood as if the expression were followed by the words "the Contracting Officer." When such terms are used to describe a requirement, direction, review or judgment of the Contracting Officer as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). 2.2.3 The use of any such term or adjective shall not be effective to assign to the Borough any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4. 2.3 Means and Methods: The means, methods, techniques, sequences or procedures of construction, or safety precautions and the program incident thereto, and the failure to perform or NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-11 furnish the Work in accordance with the Contract Documents are the sole responsibility of the Contractor. 2.4 The Contracting Officer may make visits to the site and approved remote storage sites at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Such observations or the lack of such observations shall in no way relieve the Contractor from his duty to perform the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Incomplete Contract Documents: The submission of a bid by the Bidder is considered a representation that the Bidder examined the Contract Documents to make certain that all sheets and pages were provided and that the Bidder is satisfied as to the conditions to be encountered in performing the Work. The Borough expressly denies any responsibility or liability for a bid submitted on the basis of an incomplete set of Contract Documents. 3.2 Copies of Contract Documents The Borough will provide electronic copies of Contract Documents. Contractor is responsible for furnishing all needed hard copies of Contract Documents at its own expense. 3.3 Scope of Work: The Contract Documents comprise the entire Contract between the Borough and the Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the Regulatory Requirements of the place of the Project. It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of the Contract to create in the public or any member thereof a third party benefit, or to authorize anyone not a party to this Contract to maintain a suit pursuant to the terms or provisions of the Contract. 3.4 Intent of Contract Documents 3.4.1 It is the intent of the Contract Documents to describe a fimctionally complete Project to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied, without any adjustment in Contract Price or Contract Time, whether or not specifically called for. 3.4.2 Reference to standard Specifications, manuals or codes of any technical society, organization or association, or to the Regulatory Requirements of any governmental authority, NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-12 whether such reference be specific or by implication, shall mean the edition stated in the Contract Documents or if not stated the latest standard specification, manual, code or Regulatory Requirements in effect at the time of Advertisement for the Project (or, on the Effective Date of the Contract if there was no Advertisement). However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the Borough and the Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be etTective to assign to the Borough or any of the Borough's Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4. 3.5 Discrepancy in Contract Documents: 3.5.1 Before undertaking the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures, and dimensions shown thereon and all applicable field measurements. Work in the area by the Contractor shall imply verification of figures, dimensions and field measurements. If, during the above study or during the performance of the Work, the Contractor finds a conflict, error, discrepancy or omission in the Contract Documents and any standard specification, manual, code, or Regulatory Requirement which affects the Work, the Contractor shall promptly report such discrepancy in writing to the Contracting Officer. The Contractor shall obtain a written interpretation or clarification from the Contracting Officer before proceeding with any Work affected thereby. Any adjustment made by the Contractor without this determination shall be at its own risk and expense. However, the Contractor shall not be liable to the Borough for failure to report any conflict, error or discrepancy in the Contract Documents unless the Contractor had actual knowledge thereof or should reasonably have known thereof. 3.5.2 Discrepancy - Order of Precedence: When conflicts, errors, or discrepancies within the Contract Documents exist, the order precedence from most governing to least governing will be as follows: Supplementary Conditions General Conditions Technical Specifications Drawings (recorded dimensions will govern over scaled dimensions, large scale details over small scale, schedules over plans, structural drawings and mechanical and electrical drawings over architectural drawings) 3.6 Clarifications and Interpretations (RPIs): The Contracting Officer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents as the Contracting Officer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-13 A. RFIs shall originate with Contractor and be submitted simultaneously to the Contracting Officer and the Architect. RFIs submitted by entities other than Contractor will be returned with no response. Contractor shall coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. B. Each RFI is to include a detailed, legible description of item needing interpretation and the following: 1. Project name. 2. Date. 3. Name of Contractor. 4. RFI number, numbered sequentially. 5 10. IL 12. 13. 14. 15. 16. 17 Specification Section number and title and related paragraphs, as appropriate. Drawing number and detail references, as appropriate. Requested response date if other than allowed by this Section. Field dimensions and conditions, as appropriate. Contractor's suggested solution(s). if Contractor's solution(s) impact the Contract Time or the Contract Price, Contractor shall state impact in the RFI. Name of person preparing RFI for Contractor. Space for Architect's response. Space for name of person preparing response for subconsultation. Space for person reviewing response for Architect. Date of Architect's response. Space for listing Architect's response attachments, if any. Contractor Attachments: Include drawings, descriptions, measurements, photos, Product Data, Shop Drawings, and other information necessary to fully describe items needing interpretation. Architect's Attachments: Architect may attach drawings, descriptions, measurements, photos, Product data, Shop Drawings, and other information necessary to fully describe items needing interpretation. C. Architect's Action: Architect will review each RFI, determine action required, and return it to the Contracting Officer. Allow seven working days for Architect's response for each RFL RFIs received after 1:00 p.m. will be considered as received the following working day. Architect may request additional information, in which case Architect's time for response will start again. D. On receipt of Contracting Officer's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Contracting Officer within 72 hours if Contractor disagrees with response. The following RFIs will be returned without action: a. Requests for approval of submittals. b. Requests for approval of substitutions. C. Requests for adjustments in the Contract Time or the Contract Price. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-14 d. Requests for interpretation of Architect's actions on submittals. C. Incomplete RFIs or RFIs with numerous errors. 2. Contracting Officer's action on RFIs that may result in a change to the Contract Time or the Contract Price may be eligible for Contractor to submit a Change Order request. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Price, notify Contracting Officer in writing within 10 days of receipt of the RFI response. E. RPI Log: Prepare, maintain on-site, a hard copy tabular log of RFIs organized by the RFI number. Log shall include identification of related Contract change document and Proposal Request as appropriate. 3.7 Ownership and Reuse of Documents Neither the Contractor nor any Subcontractor, or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the Borough shall have or acquire any title to or ownership rights in any of the Contract Documents on extensions of the Project or any other project without written consent of the Contracting Officer. Contract Documents prepared by the Contractor in connection with the Work shall become the property of the Borough. ARTICLE 4 - LANDS AND PHYSICAL CONDITIONS 4.1 Availability of Lands: The Borough shall furnish as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for use of the Contractor in connection with the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the Borough, unless otherwise provided in the Contract Documents. The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Visit to Site The submission of a bid by the Contractor is considered a representation that the Contractor has visited and carefully examined the site and is satisfied as to the conditions to be encountered in performing the Work and as to the requirements of the Contract Documents. 4.3 Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by the Borough NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710- 15 in preparation of the Contract Documents. The Contractor may for its purposes rely upon the accuracy of the factual data contained in such reports, but not upon interpretations or opinions drawn from such factual data contained therein or for the completeness or sufficiency thereof. Except as indicated in the immediately preceding sentence and in paragraphs 4.4 and 9.9, Contractor shall have full responsibility with respect to surface and subsurface conditions at the site. 4.4 Utilities: 4.4.1 The horizontal and vertical locations of known underground utilities as shown or indicated by the Contract Documents are approximate and are based on information and data furnished to the Borough by the owners of such underground utilities. 4.4.2 The Contractor shall have full responsibility for: a. Reviewing and checking all information and data concerning utilities. b. Locating all underground utilities shown or indicated in the Contract Documents which are affected by the Work. C. Coordination of the Work with the owners of all utilities during construction. d. Safety and protection of all utilities as provided in paragraph 6.17. e. Repair of any damage to utilities resulting from the Work in accordance with 4.4.4 and 4.5. 4.4.3 If Work is to be performed by any utility owner, the Contractor shall cooperate with such owners to facilitate the Work. 4.4.4 In the event of interruption to any utility service as a result of accidental breakage or as result of being exposed or unsupported, the Contractor shall promptly notify the utility owner and the Contracting Officer. If service is interrupted, repair work shall be continuous until the service is restored. No Work shall be undertaken around fire hydrants until provisions for continued service has been approved by the local fire authority. 4.5 Damaged Utilities: When utilities are damaged by the Contractor, the utility owner shall have the choice of repairing the utility or having the Contractor repair the utility. to the following circumstances, the Contractor shall reimburse the utility owner for repair costs or provide at no cost to the utility owner or the Borough, all materials, equipment and labor necessary to complete repair of the damage: a. When the utility is shown or indicated in the Contract Documents. b. When the utility has been located by the utility owner. C. When no locate was requested by the Contractor for utilities shown or indicated in the Contract Documents. d. All visible utilities. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-16 e. When the Contractor could have, otherwise, reasonably been expected to be aware of such utility. 4.6 Utilities Not Shown or Indicated: If, while directly performing the Work, an underground utility is uncovered or revealed at the site which was not shown or indicated in the Contract Documents and which the Contractor could not reasonably have been expected to be aware of, the Contractor shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.19) identify the owner of such underground utility and give written notice thereof to that owner and to the Contracting Officer. The Contracting Officer will promptly review the underground utility to determine the extent to which the Contract Documents and the Work should be modified to reflect the impacts of the discovered utility. The Contract Documents will be amended or supplemented in accordance with paragraph 9.2 and to the extent necessary through the issuance of a change document by the Contracting Officer. During such time, the Contractor shall be responsible for the safety and protection of such underground utility as provided in paragraph 6.17. The Contractor may be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are directly attributable to the existence of any underground utility that was not shown or indicated in the Contract Documents and which they Contractor could not reasonably have been expected to be aware of. 4.7 Survey Control: The Borough will identify sufficient horizontal and vertical control data to enable the Contractor to survey and layout the Work. All survey work shall be performed under the direct supervision of a registered land surveyor who is experienced in providing land -surveying services in Alaska of the kind indicated when required by paragraph 7.8. Copies of all survey notes will be provided the Borough on a weekly basis with variations between the Contract Documents and actual field conditions identified. Survey notes are to be in a format acceptable to the Borough. One Mylar copy of the final survey signed by the surveyor and one electronic CAD copy will be submitted. 4.8 Responsibility for Damages and Repair by Contractor: The Contractor shall be responsible for all damages to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by or that may result from any act, omission, or neglect of the Contractor, its Subcontractors, or its employees in the performance of the Work. It is specifically understood between the parties executing the Contract that the Contract Documents do not make anyone a third -party beneficiary, nor does the Contract authorize anyone not a party to maintain a lawsuit for personal injuries or property damage. All damage and injury to property that is caused by that results from the carrying out/of the Work, or from any act, omission, or neglect of the Contractor, its Subcontractors, or its NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-17 employees, shall promptly be remedied by the Contractor either by the repairing, rebuilding, or replacing of the property damaged or in some other manner satisfactory to the owner of such property. In case of failure on the part of the Contractor to promptly and satisfactorily remedy such damage or injury, within a period of time as stated in written notice by the Borough, the Borough may proceed to repair, rebuild, or replace such property as required and the cost thereof will be deducted from any monies due or which may become due to the Contractor. In applying the above provisions, the repairing, rebuilding, or replacing of damaged property shall be understood to include the providing of any temporary facilities that may be needed to maintain normal service until the required repairing, rebuilding or replacing is accomplished. ARTICLE 5 - BONDS. INSURANCE. AND INDEMNIFICATION 5.1 Delivery of Bonds When the Contractor delivers the executed Contract to the Contracting Officer, the Contractor shall also deliver to the Contracting Officer such bonds as the Contractor may be required to furnish in accordance with paragraph 5.2. 5.2 Bonds: The Contractor shall furnish Performance and Payment Bonds, each in an amount as shown on the Contract as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These bonds shall remain in effect for one year after the date of Final Acceptance and until all obligations under this Contract, except special guarantees as per 12.7, have been met. All bonds shall be furnished on forms provided by the Borough (or copies thereof) and shall be executed by such Sureties as are authorized to do business in the State of Alaska and whose financial rating is acceptable to KIB. The Contracting Officer may at his option copy the Surety with notice of any potential default or liability. At the option of the Contractor, bonds may be provided by individual Surety the adequacy of which shall be determined by the Contracting Officer. Any costs incurred by the Contractor or individual Surety shall be borne by the Contractor. Where individual Sureties are used, two individual Sureties must each provide the Borough with security equal to the amount of each bond by an Escrow account in the name of the Borough for the duration of the Contract. Acceptable securities would include, but not necessarily be limited to: cash; treasury notes; bearer instruments having a specific value, or money market certificates. 5.3 Replacement of Bond and Surety: If the Surety on any bond furnished in connection with this Contract is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.2, or otherwise becomes unacceptable to the Borough, or if any such Surety fails to furnish reports as to its financial condition as requested by the Borough, the Contractor shall within five days thereafter substitute another bond and Surety, both of which must be acceptable to Borough. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-18 An individual Surety may be replaced by a corporate Surety during the course of the Contract period. If the Surety desires to dispose of the collateral posted, the Borough may, at its option, accept substitute collateral. 5.4 Insurance Requirements: 5.4.1 The Contractor shall provide evidence of insurance with an insurance carrier or carriers satisfactory to the Borough covering injury to persons and property suffered by the Borough or by a third party as a result of operations under this Contract by the Contractor or by any subcontractor. The Contractor's insurance shall provide protection against injuries to all employees of the Contractor and the employees of any subcontractor engaged in work under this Contract. All insurance policies shall be issued by insurers that (i) are permitted to transact the business of insurance in the Borough under AS 21 and (ii) have a financial rating acceptable to the Borough. The Contractor shall notify the Borough, in writing, at least 60 days before cancellation of any coverage or reduction in any limits of liability. Additional insurance requirements specific to this contract are contained in the Special Provisions, when applicable. 5.4.2 The Contractor shall maintain the following policies of insurance with the specified minimum coverages and limits in force at all times during the performance of the Contract: Workers' Compensation: As required by AS 23.30.045, for all employees of the Contractor engaged in work under this Contract. The Contractor shall be responsible for Workers' Compensation Insurance for any subcontractor who performs work under this Contract. The coverage shall include: a. Waiver of subrogation against the Borough; b. Employer's Liability Protection at $500,000 each accident/each employee and $500,000 policy limit; C. United States Longshore and Harbor Workers' Act Endorsement, whenever the work involves activity over or about navigable water; and d. Maritime Employer's Liability (Jones Act) Endorsement with a minimum limit of $1,000,000, whenever the work involves activity from or on a vessel on navigable water. 2. Commercial General Liability: on an occurrence policy form covering all operations with combined single limits not less than: a. $1,000,000 Each Occurrence; b. $1,000,000 Personal Injury; C. $2,000,000 General Aggregate; and d. $2,000,000 Products -Completed Operations Aggregate. 3. Automobile Liability: covering all vehicles used in Contract work, with combined single limits not less than $1,000,000 each occurrence. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-19 4. Umbrella Coverage: for Contract amounts over $5,000,000 not less than $5,000,000 umbrella or excess liability. Umbrella or excess policy shall include products liability completed operations coverage and may be subject to $5,000,000 aggregate limits. Further, the umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. The Borough shall be named as an additional insured on policies required by paragraphs 2 thru 4 above. All of the above insurance coverages shall be considered to be primary and noncontributory to any other insurance carried by the Borough, whether through self-insurance or otherwise. In any contract or agreement with subcontractors performing work, the Contractor shall require that all indemnities and waivers of subrogation it obtains, and any stipulation to be named as an additional insured it obtains, shall also be extended to waive rights of subrogation against the Borough and to add the Borough as an additional named indemnitee and as an additional insured. The apparent low bidder shall furnish evidence of insurance to the Borough before award of the Contract. The evidence shall be issued to the Borough and shall be a certificate of insurance the policy declaration page with all required endorsements attached and must: 1. Denote the type, amount, and class of operations covered; 2. Show the effective (and retroactive) dates of the policy; 3. Show the expiration date of the policy; 4. Include all required endorsements; 5. Be executed by the carrier's representative; and 6. If a certificate of insurance, include the following statement: "This is to certify that the policies described herein comply tivith all aspects of the insurance requirements of (project Name and Number). The insurance carrier agrees that it shall notify the Borough, in writing, at least 60 days before cancellation of any coverage or reduction in any limits of liability. " The Borough's acceptance of deficient evidence of insurance does not constitute a waiver of Contract requirements. Failure to maintain the specified insurance or to provide substitute insurance if an insurance carrier becomes insolvent, is placed in receivership, declares bankruptcy, or cancels a policy may be grounds for withholding Contract payments until substitute insurance is obtained, and may, in the Borough's discretion, be sufficient grounds for declaring the Contractor in default. 5.4.3 Evidence, consisting of a certificate of insurance or the policy declaration page with required endorsements attached thereto -- all of which have been executed by the insurer's representative and issued to the Borough, shall denote the type, amount, class of operations covered, effective (and retroactive) dates, and dates of expiration of policies. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-20 Evidence pertaining to Worker's Compensation, General Liability, or Automobile Liability is required for Awards. All other coverages shall be evidenced prior to commencement of Work. Acceptance by the Borough of deficient evidence does not constitute a waiver of Contract requirements as provided for by the Conditions of the Contract. If a certificate is submitted as evidence it shall contain the following statement: "This is to certify that the policies described hereto comply with all aspects of the insurance requirements of (Contract Name and Number and Project Number)." 5.5 Indemnification: The Contractor shall indemnify, save harmless, and defend the Borough and its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from the construction or the Contractor's performance of this Contract; however, this provision has no effect if, but only if, the sole proximate cause of the injury or damage is the Borough's gross negligence. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision of Work: The Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and apply such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. All Work tinder this Contract shall be performed in a skillful and workmanlike manner. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 6.2 Superintendence by Contractor: The Contractor shall keep on the Work at all times during its progress a competent resident superintendent. The Contracting Officer shall be advised in writing of the superintendent's name, local address, and telephone number. This written advice is to be kept current until Final Acceptance by the Borough. The superintendent will be the Contractor's representative at the site and shall have frill authority to act and sign documents on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. The Contractor shall cooperate with the Contracting Officer in every way possible. 6.3 Character of Workers: The Contractor shall provide a sufficient number of competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order at the site. The Contracting Officer may, in writing, require the Contractor to remove from the Work any employee the NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-21 Contracting Officer deems incompetent, careless, or otherwise detrimental to the progress of the Work, but the Contracting Officer shall have no duty to exercise this right. 6.4 Contractor to Furnish: Unless otherwise specified in the General Requirements, the Contractor shall furnish and assume full responsibility for all materials, equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.5 Materials and Equipment: All materials and equipment shall be of specified quality and new, except as otherwise provided in the Contract Documents. If required by the Contracting Officer, the Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents. But no provision of any such instructions will be effective to assign to the Borough or any of the Borough's Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4. 6.6 Anticipated Schedules: 6.6.1 Within 10 working days following the Notice to Proceed the Contractor shall submit to the Contracting Officer for review an anticipated progress schedule indicating the starting and completion dates of the various stages of the Work. 6.6.2 Within 10 working days after the date of the Notice to Proceed, the Contractor shall submit to the Contracting Officer for review anticipated schedule of Shop Drawing submissions and a Schedule of Values. 6.6.3 The Schedule of Values for all of the Work will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by the Contractor at the time of submission. Contractor will use the Technical Specifications table of contents as a guide to establish line items for the Schedule of Values. Provide at least one line item for each Specification Section. Identification: Include the following Project identification on the Schedule of Values: a. Project name and location. b. Name of Contracting Officer. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-22 C. Project number. d. Contractor's name and address. e. Date of submittal. 2. Submit draft of AIA Document G703 Continuation Sheets or document containing such information. 3. Arrange the Schedule of Values in tabular form with separate columns to indicate the following for each item listed: a. Related Specification Section or Division. b. Description of the Work. C. Change Orders (numbers) that affect value. d. Dollar value. I) Percentage of the Contract Price to nearest one-hundredth percent, adjusted to total 100 percent. 4. Provide a breakdown of the Contract Price in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Provide several line items for principal subcontract amounts, where appropriate. Include separate line items under required principal subcontracts for operation and maintenance manuals, punch list activities, Project record documents, and demonstration and training in the amount of 10 percent of the Contract Price. 5. Round amounts to nearest whole dollar; total shall equal the Contract Price. 6. Provide a separate line item in the Schedule of Values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. Differentiate between items stored on- site and items stored off-site. If specified, include evidence of insurance or bonded warehousing. 7. Provide separate line items in the Schedule of Values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 8. Allowances: Provide a separate line item in the Schedule of Values for each allowance. Show line -item value of unit -cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine quantities. 9. Each item in the Schedule of Values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. Temporary facilities and other major cost items that are not direct cost of actual work -in-place may be shown either as separate line items in the Schedule of Values or distributed as general overhead expense, at Contractor's option. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-23 10. Schedule Updating: Update and resubmit the Schedule of Values before the next Applications for Payment when Change Orders result in a change in the Contract Price. 6.7 Finalizing Schedules: Prior to processing the first Application for Payment, the Contracting Officer and the Contractor will finalize schedules required by paragraph 6.6. The finalized progress schedule will be acceptable to the Borough as providing information related to the orderly progression of the Work to completion within the Contract Time; but such acceptance will neither impose on the Borough nor relieve the Contractor from full responsibility for the progress or scheduling of the Work. If accepted, the finalized schedule of Shop Drawings and other required submissions will be acceptable to the Borough as providing a workable arrangement for processing the submissions. If accepted, the finalized Schedule of Values will be acceptable to the Borough as an approximation of anticipated value of Work accomplished over the anticipated Contract Time. Receipt and acceptance of a schedule submitted by the Contractor shall not be construed to assign responsibility for performance or contingencies to the Borough or relieve the Contractor of his responsibility to adjust his forces, equipment, and work schedules as may be necessary to insure completion of the Work within prescribed Contract Time. Should the prosecution of the Work be discontinued for any reason, the Contractor shall notify the Contracting Officer at least 24 hours in advance of resuming operations. 6.8 Adjusting Schedules: Upon substantial change to the schedule or upon request, the Contractor shall submit to the Contracting Officer for acceptance (to the extent indicated in paragraph 6.7 and the General Requirements) adjustments in the schedules to reflect the actual present and anticipated progress of the Work. 6.9 Substitutes or "Or Equal" Items: 6.9.1 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a propriety item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by the Contracting Officer only if sufficient information is submitted by the Contractor which clearly demonstrates to the Contracting Officer that the material or equipment proposed is equivalent or equal in all aspects to that named. The procedure for review by the Contracting Officer will include the following: 6.9.2 Requests for review of substitute items of material and equipment will not be accepted by the Contracting Officer from anyone other than the Contractor. If the Contractor wishes to furnish or use a substitute item of material or equipment, the Contractor shall make written application to the Contracting Officer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-24 design, be similar and of equal substance to that specified and be suited to the same use as the specified. The application will state that the evaluation and acceptance of the proposed substitute will not delay the Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the Borough or Work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. In addition the Contracting Officer will consider whether: 1. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Consultants for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. 2. Requested substitution does not require extensive revisions to the Contract Documents. 3. Requested substitution is consistent with the Contract Documents and will produce indicated results. 4. Substitution request is fully documented and properly submitted. 5. Requested substitution will not adversely affect Contractor's Construction Schedule. 6. Requested substitution has received necessary approvals of authorities having jurisdiction. 7. Requested substitution is compatible with other portions of the Work. 8. Requested substitution has been coordinated with other portions of the Work. 9. Requested substitution provides specified warranty. 6.9.3 The Contractor shall submit three copies of each substitution request for consideration, identifying each product or fabrication or installation method to be replaced and including Specification Section number and title and Contract Drawing numbers and titles. Show compliance with requirements for substitutions and the following as applicable: a. Statement indicating why specified material or product cannot or should not be provided. b. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors, that will be necessary to accommodate proposed substitution. C. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. d. Product data, including drawings and descriptions of products and fabrication and installation procedures. e. Samples, where applicable or requested. f. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-25 g. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. h. Research/evaluation reports evidencing compliance with building code in effect for Project, from a model code organization acceptable to authorities having jurisdiction. i. Detailed comparison of Contractor's Construction Schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating lack of availability or delays in delivery. j. Cost information, including a proposal of change, if any, in the Contract Price. k. Contractor's certification that proposed substitution complies with requirements in the Contract Documents and is appropriate for applications indicated. I. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. 6.9.4 All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Borough in evaluating the proposed substitute. The Borough may require the Contractor to furnish at the Contractor's expense additional data about the proposed substitute. The Contracting Officer may reject any substitution which the Contracting Officer determines is not in the best interest of the Borough. 6.9.5 Substitute Technique and Sequence: If a specific technique, sequence or procedure of construction is indicated in or required by the Contract Documents, the Contractor may furnish or utilize a substitute sequence, technique or procedure of construction acceptable to the Contracting Officer, if the Contractor submits sufficient information to allow the Contracting Officer to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by the Contracting Officer will be similar to that provided in paragraph 6.9 as applied by the Contracting Officer and as may be supplemented in the General Requirements. 6.9.6 Evaluation of Substitution: Contracting Officer may request additional information or documentation for evaluation within seven days of receipt of a request for substitution. Contracting Officer will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or 7 days of receipt of additional information or documentation, whichever is later. Use product specified if Contracting Officer cannot make a decision on use of a proposed substitution within time allocated. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-26 The Contracting Officer will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without the Contracting Officer's prior written acceptance which will be evidenced by either a Change Order or a Shop Drawing approved in accordance with paragraphs 6.20 and 6.21. The Contracting Officer may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other Surety with respect to any substitute. 6.10 Reserved. 6.11 Reserved. 6.12 Dividing the Work: The divisions and section of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.13 Subcontractors: The Contractor may utilize the service of licensed specialty Subcontractors on those parts of the Work which, under normal contracting practices, are performed by licensed specialty Subcontractors, in accordance with the following conditions: 6.13.1 The Contractor shall not award any Work to any Subcontractor without prior written approval of the Contracting Officer. This approval will not be given until the Contractor submits to the Contracting Officer a written statement concerning the proposed award to the Subcontractor which shall contain required Equal Employment Opportunity documents, evidence of insurance whose limits are acceptable to the Contractor, and an executed copy of the subcontract. All subcontracts submitted for approval must contain provisions for payment for Work done by the Subcontractor within seven days of receipt of payment by the Contractor. No acceptance by the Contracting Officer of any such Subcontractor shall constitute a waiver of any right of the Borough to reject Defective Work. 6.13.2 All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate written agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the Borough and contains waiver provisions as required by paragraph 13.17 and termination provisions as required by Article 14. 6.13.4 Nothing in the Contract Documents shall create any contractual relationship between the Borough and any such Subcontractor. Supplier or other person or organization, nor shall it create any obligation on the part of the Borough to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Regulatory Requirements. The Borough will not undertake to settle any differences between or among the Contractor, Subcontractors, or Suppliers. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-27 6.13.5 The Contractor and Subcontractors shall coordinate their work and cooperate with other trades so to facilitate general progress of Work. Each trade shall afford other trades every reasonable opportunity for installation of their work and storage of materials. If cooperative work of one trade must be altered due to lack of proper supervision or failure to make proper provisions in time by another trade, such conditions shall be remedied by the Contractor with no change in Contract Price or Contract Time. 6.13.6 The Contractor shall include on his own payrolls any person or persons working on this Contract who are not covered by written subcontract, and shall ensure that all Subcontractors include on their payrolls all person performing work under the direction of the Subcontractor. 6.14 Use of Premises: The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project limits and approved remote storage sites and lands and areas identified in and permitted by the Contract Drawings, Regulatory Requirements, rights-of- way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The Contractor shall not disturb portions of the Project site beyond areas in which the Work is indicated. The Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the Borough by any such owner or occupant because of the performance of the Work, the Contractor shall hold the Borough harmless. 6.15 Structural Loading: } The Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.16 � Record Documents: The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Directives, Change Orders, Supplemental Agreements, and written interpretations and clarifications (issued pursuant to paragraph 3.6) in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to the Contracting Officer for reference and copying. Upon completion of the Work, the annotated record documents, samples and Shop Drawings shall be delivered to the Contracting Officer. Record documents shall accurately record variations in the Work which vary from requirements shown or indicated in the Contract Documents. 6.1-7 Safety and Protection: The Contractor alone shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-28 precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.17.1 All employees on the Work and other persons and organizations who may be affected thereby; 6.17.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or of the site; 6.17.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable Regulatory Requirements of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor with no change in Contract Price or Contract Time except as stated in paragraph 4.6, except damage or loss attributable to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God, of the public enemy or governmental authorities. The Contractor's duties and responsibilities for the safety and protection of the Work shall continue until Final Acceptance (except as otherwise expressly provided in connection with Substantial Completion). 6.18 Safety Representative: The Contractor shall designate a responsible safety representative at the site. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Contracting Officer. The Contractor shall hold weekly safety meetings and shall provide reports and minutes of each meeting to the Contracting Officer prior to the next meeting. 6.19 Emergencies: In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Borough, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Contracting Officer prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Borough determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a change will be authorized by one of the methods indicated in paragraph 9.2, as determined appropriate by the Contracting Officer. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-29 6.20 Shop Drawings and Samples After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, the Contractor shall submit to the Contracting Officer for review and approval in accordance with the accepted schedule of Shop Drawing submissions the required number of all Shop Drawings, which will bear a stamp or specific written indication that the Contractor has satisfied Contractor's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as the Contracting Officer may require. The data shown on the Shop Drawings will be identified as the Contracting Officer may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Contracting Officer to review the information as required. 6.20.2 The Contractor shall also submit to the Contracting Officer for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that the Contractor has satisfied Contractor's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 6.20.3 Before submission of each Shop Drawing or sample the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar with respect thereto and reviewed or coordinated each Shop Drawing or samples with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.20.4 At the time of each submission the Contractor shall give the Contracting Officer specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Contracting Officer for review and approval of each such variation. All variations of the proposed shop drawing from that specified will be identified in the submission and available maintenance, repair and replacement service will be indicated. The submittal will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such variation, including costs of redesign and claims of other Contractors affected by the resulting change, all of which shall be considered by the Borough in evaluating the proposed variation. If the variation may result in a change of Contract Time or Price, or Contract responsibility, and is not minor in nature; the Contractor must submit a written request for Change Order with the variation to notify the Borough of its intent. The Borough may require the Contractor to furnish at the Contractor's expense additional data about the proposed variation. The Contracting Officer may reject any variation request which the Contracting Officer determines is not in the best interest of the Borough. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-30 6.21 Shop Drawing and Sample Review: 6.21.1 The Contracting Officer will review with reasonable promptness Shop Drawings and samples, but the Contracting Officer's review will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate acceptance of the assembly in which the item functions. The Contractor shall make corrections required by the Contracting Officer and shalt return the required number of corrected copies of Shop Drawings and submit as required new samples for review. The Contractor shall direct specific attention in writing to revisions other than the corrections called for by the Contracting Officer on previous submittals. 6.21.2 The Contracting Officer's review of Shop Drawings or samples shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless the Contractor has in writing advised the Contracting Officer of each such variation at the time of submission as required by paragraph 6.20.4. The Contracting Officer if he so determines, may give written approval of each such variation by Change Order, except that, if the variation is minor and no Change Order has been requested, a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample review comments shall suffice as a modification. No approval by the Contracting Officer will relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.20.3. 6.21.3 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to the Contracting Officer's review of the pertinent submission will be the sole expense and responsibility of the Contractor. 6.22 Maintenance During Construction: The Contractor shall maintain the Work during construction and until Substantial Completion, at which time the responsibility for maintenance shall be established in accordance with paragraph 13.10. 6.23 Continuing the Work: The Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the Borough. No Work shall be delayed or postponed pending resolution of any disputes, disagreements, or claims except as the Contractor and the Contracting Officer may otherwise agree in writing. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-31 6.24 Consent to Assignment: The Contractor shall obtain the prior written consent of the Contracting Officer to any proposed assignment of any interest in, or part of this Contract. The consent to any assignment or transfer shall not operate to relieve the Contractor or his Sureties of any of his or its obligations under this Contract or the Performance Bonds. Nothing herein contained shall be construed to hinder, prevent, or affect an assignment of monies due, or to become due hereunder, made for the benefit of the Contractor's creditors pursuant to law. 6.25 Use of Explosives 6.25.1 When the use of explosives is necessary for the prosecution of the Work, the Contractor shall exercise the utmost care not to endanger life or property, including new Work and shall follow all Regulatory Requirements applicable to the use of explosives. The Contractor shall be responsible for all damage resulting from the use of explosives. 6.25.2 All explosives shall be stored in a secure manner in compliance with all Regulatory Requirements, and all such storage places shall be clearly marked. Where no Regulatory Requirements apply, safe storage shall be provided no closer than 1,000 feet from any building, camping area, or place of human occupancy. 6.25.3 The Contractor shall notify each public utility owner having structures in proximity to the site of his intention to use explosives. Such notice shall be given sufficiently in advance to enable utility owners to take such steps as they may deem necessary to protect their property from injury. However, the Contractor shall be responsible for all damage resulting from the use of the explosives, whether or not utility owners act to protect their property. 6.26 Contractor's Records 6.26.1 Records of the Contractor and Subcontractors relating to personnel, payrolls, invoices of materials, and any and all other data relevant to the performance of this Contract must be kept on a generally recognized accounting system. Such records must be available during normal work hours to the Contracting Officer for purposes of investigation to ascertain compliance with Regulatory Requirements and provisions of the Contract Documents. 6.26.2 Payroll records must contain the name and address of each employee, his correct classification, rate of pay, daily and weekly number of hours of work, deductions made, and actual wages paid. The Contractor and Subcontractor shall make employment records available for inspection by the Contracting Officer and representatives of the U.S. and/or Alaska Department of Labor and Workforce Development and will permit such representatives to interview employees during working hours on the Project. 6.26.3 Records of all communications between the Borough and the Contractor and other parties, where such communications affected performance of this Contract, must be kept by the Contractor and maintained for a period of three years from Final Acceptance. The Borough or NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-32 its assigned representative may perform an audit of these records during normal work hours after written notice to the Contractor. ARTICLE 7 - LAWS AND REGULATIONS 7.1 Laws to be Observed: The Contractor shall keep fully informed of all Federal and State Regulatory Requirements and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner after those engaged or employed on the Work, or which in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with all such Regulatory Requirements, orders and decrees and shall protect and indemnify the Borough and its representatives against claim or liability arising from or based on the violation of any such Regulatory Requirement, order, or decree whether by the Contractor, Subcontractor, or any employee of either. Except where otherwise expressly required by applicable Regulatory Requirements, the Borough shall not be responsible for monitoring Contractor's compliance with any Regulatory Requirements. 7.2 Permits, Licenses and Taxes: 7.2.1 The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the Work. As a condition of performance of this Contract, the Contractor shall pay all Federal, State and local taxes incurred by the Contractor, in the performance of this Contract. Proof of payment of these taxes is a condition precedent to final payment by the Borough under this Contract. 7.2.2 The Contractor's certification that taxes have been paid (as contained in the Release of Contract) will be verified with the Alaska Department of Revenue and Department of Labor and Workforce Development, prior to final payment. 7.2.3 If any Federal, State or local tax is imposed, charged, or repealed after the date of bid opening and is made applicable to and paid by the Contractor on the articles or supplies herein contracted for, then the Contract shall be increased or decreased accordingly by a Change Order. 7.3 Patented Devices, Materials and Processes: If the Contractor employs any design, device, material, or process covered by letters of patent, trademark or copyright, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the Surety shall indemnify and save harmless the Borough, any affected third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device material or process, or any trademark or copyright, and shall indemnify the Borough for any costs, expenses, and damages which it may be obligated to pay by reason of any infringement, at any time during the prosecution or after the completion of the Work. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-33 7.4 Compliance of Specifications and Drawings: If the Contractor observes that the Specifications and Drawings supplied by the Borough are at variance with any Regulatory Requirements, Contractor shall give the Contracting Officer prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 9.2 as determined appropriate by the Contracting Officer. If the Contractor performs any Work knowing or having reason to know that it is contrary to such Regulatory Requirements, and without such notice to the Contracting Officer, the Contractor shall bear all costs arising therefrom; however, it shall not be the Contractor's primary responsibility to make certain that the Specifications and Drawings supplied by the Borough are in accordance with such Regulatory Requirements. 7.5 Accident Prevention: The Contractor shall comply with AS 18.60.75 and all pertinent provisions of the Construction Code Occupational Safety and Health Standards issued by the Alaska Department of Labor and Workforce Development. 7.6 Sanitary Provisions: The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of its employees and Borough representatives as may be necessary to comply with the requirements of the State and local Boards of Health, or of other bodies or tribunals having jurisdiction. 7.7 Business Registration The Contractor shall comply with all applicable provisions of AS 18.18.011. It is unlawful for a person to submit a bid or work as a contractor until he has been issued a certificate of registration by the Department of Commerce, Community and Economic Development. A partnership or joint venture shall be considered registered if one of the general partners or venturers whose name appears in the name under which the partnership or venture does business is registered. 7.8 Professional Registration and Certification: All craft trades, architects, engineers and land surveyors, electrical administrators, and explosive handlers employed under the Contract shall specifically comply with applicable provisions of AS 08.18, 08.48, 08.40 and 08.52. Provide copies of individual licenses within seven days following a request from the Contracting Officer. 7.9 Local Building Codes: The Contractor shall comply with AS 35.10.025 which requires construction in accordance with applicable local building codes including the obtaining of required permits. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-34 7.10 Environmental Quality Control: The Contractor shall comply with all applicable provisions of federal environmental laws, AS Title 46 and regulations adopted thereunder, as they pertain to Water, Air, Energy and Environmental Conservation. 7.11 Archaeological or Paleontological Discoveries: When the Contractor's operation encounters prehistoric artifact, burials, remains of dwelling sites, or paleontological remains, such as shell heaps, land or seal mammal bones or tusks, the Contractor shall cease operations immediately and notify the Contracting Officer. No artifacts or specimens shall be further disturbed or removed from the ground and no further operations shall be performed at the site until so directed. Should the Contracting Officer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra Work, such shall be covered by an appropriate Contract change document. 7.12 Alaska Agricultural Products: Pursuant to AS 36.15, forestry and agricultural products harvested in Alaska shall be used in State funded projects when competitively priced, available and of like quality compared with agricultural projects harvested outside the State. 7.13 Preferential Employment: The Contractor shall comply with all applicable and valid laws and regulations regarding the hiring of Alaska residents now in effect or that might subsequently take effect during the term of this Contract. In order to ensure that Contractor's subcontractors will comply with all applicable laws and regulations regarding the hiring of Alaska residents now in effect or that might subsequently take effect, the Contractor shall include in its contracts with subcontractors under this Contract language that is substantially the same as the first sentence of this provision. 7.14 Wages and Hours of Labor: 7.14.1 One certified copy of all payrolls shall be submitted bi-weekly to the Alaska Department of Labor and Workforce Development and to K1B to assure compliance with AS 36.05.040, Filing Schedule of Employees Wages Paid and Other Information. The Contractor shall be responsible for the submission of certified copies of payrolls of all Subcontractors. The certification shall affirm that the payrolls are current and complete, that the wage rates contained therein arc not less than the applicable rate referenced in these Contract Documents, and that the classification set forth for each laborer or mechanic conforms with the Work he performed. The Contractor and its Subcontractors shall attend all hearings and conferences and produce such books, papers and documents all as requested by the Department of Labor and Workforce Development. Should Federal funds be involved, the appropriate Federal Agency shall also receive a copy of the Contractor's certified payrolls. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-35 7.14.2 The following Labor provisions shall also apply to this Contract: a. The Contractor and its Subcontractors shall pay all employees unconditionally in a timely manner; b. wages may not be less than those stated in the advertised Specifications, regardless of the contractual relationship between the Contractor or Subcontractors and laborers, mechanics, or field surveyors; C. the scale of wages to be paid shall be posted by the Contractor in a prominent and easily accessible place at the site of the Work; LL the Borough shall withhold so much of the accrued payments as is necessary to pay to laborers, mechanics, or field surveyors employed by the Contractor or Subcontractors the difference between I. the rate of wages required by the Contract to be paid laborers, mechanics, or field surveyors on the Work, and 2. the rates of wages in fact received by laborers, mechanics or field - surveyors. 7.15 Overtime Work Hours and Compensation: Pursuant to AS 23.10.060, the Contractor shall not require nor permit any laborer or mechanic employed on any Work under this Contract to work in excess of eight hours in any Calendar Day or in excess of forty hours in any workweek on Work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer or mechanic receives compensation at a rate not less than one and one half times the basic rate of pay for all such hours worked in excess of eight hours in any Calendar Day or in excess of forty hours in such workweek, whichever is the greater number of overtime hours. In the event of any violation of this provision, the Contractor shall be liable to any affected employee for any amounts due and penalties and to the Borough for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of this provision in the sum of $10.00 for each Calendar Day on which such employee was required or permitted to be employed on such Work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by this paragraph. 7.16 Covenant Against Contingent Fees: The Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warrant, the Borough shall have the right to annul this Contract without liability or, in its discretion, to deduct price of consideration from the Contract or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-36 7.17 Officials Not To Benefit No member of or delegate to the U.S. Congress, the State Legislature, the Borough Assembly or other elected official shall be admitted to any share or part of this Contract, nor to any benefit that may arise therefrom. However, this provision shall not be construed to extend to this Contract if made with a corporation or limited liability company for its general benefit. 7.18 Personal Liability of Public Officials: In carrying out any of the provisions thereof, or in exercising any power or authority granted to the Contracting Officer by the Contract, there will be no liability upon the Contracting Officer nor upon Borough employees authorized as the Contracting Officer's representatives, either personally or as officials of the Borough, it being always understood that in such matters they act as agents and representatives of the Borough. ARTICLE 8 - OTHER WORK 8.1 Related Work At Site: 8.1.1 The Borough reserves the right at any time to contract for and perform other additional work on or near the Work covered by this Contract. 8.1.2 When separate contracts are let within the limits of the Project, the Contractor shall conduct its Work so as not to interfere with or hinder the work being performed by other contractors. The Contractor when working on the same Project with other contractors shall cooperate with such other contractors. The Contractor shall join its work with that of the others in an acceptable manner and shall perform it in proper sequence to that of others. 8.1.3 If the fact that other such work is to be performed is identified or shown in the Contract Documents the Contractor shall assume all liability, financial or otherwise, in connection with this Contract and indemnify and save harmless the Borough from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by the Contractor because of the presence and operations of other contractors. 8.1.4 If the fact that such other work is to be performed was not identified or shown in the Contract Documents, written notice thereof will be given to the Contractor prior to starting any such other work. If the Contractor believes that such performance will require a change in Contract Price or Contract Time, the Contractor shall notify the Contracting Officer of such required increase within 15 calendar days following receipt of the Contracting Officer's notice. Should the Contracting Officer find such increase(s) to be justified, a Change Order will be executed. 8.2 Access, Cutting, and Patching: The Contractor shall afford each utility owner and any other contractor who is a party to such a direct contract with the Borough (or the Borough, if the Borough is performing the additional NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-37 work with the Borough's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with the work of others. The Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work, the Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter such other work with the written consent of the Contracting Officer. Contractor will submit a Cutting and Patching proposal describing procedures at least 10 days before the time Cutting and Patching will be performed, requesting the approval to proceed. Where Cutting and Patching involve adding reinforcement to structural elements, submit details and engineering calculations showing integration of reinforcement with original structure. Approval does not waive right to later require removal and replacement of unsatisfactory work. The Contractor will not Cut and Patch in a manner that could change load -carrying capacity or load -deflection ratio, or that results in reducing the capacity of operating elements and related components to perform as intended or that results in increased maintenance or decreased operational life or safety. Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch construction exposed on the exterior or in occupied spaces in a manner that would, in Owner's opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner. Remove, replace, patch, and repair materials and surfaces cut or damaged during cutting and patching operations, by methods and with materials so as not to void existing warranties. Use materials identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible. If identical materials are unavailable or cannot be used, use materials that, when installed, will match the visual and functional performance of in-place materials. Clean areas and spaces where Cutting and Patching are performed. Completely remove paint, mortar, oils, putty, and similar materials. The duties and responsibilities of the Contractor under this paragraph are for the benefit of other contractors to the extent that there are comparable provisions for the benefit of the Contractor in said direct contracts between the Borough and other contractors. 8.3 Defective Work By Others: If any part of the Contractor's Work depends for proper execution or results upon the work of any such other contractor, utility owner, or the Borough, the Contractor shall inspect and promptly report to the Contracting Officer in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The Contractor's failure to so report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work except for latent or non -apparent defects and deficiencies in the other work. 8.4 Coordination: If the Borough contracts with others for the performance of other work at the site, the Contracting Officer will have authority and responsibility for coordination of the activities among the various prime contractors. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-38 ARTICLE 9 - CHANGES 9.1 Borough's Right to Change: Without invalidating the Contract and without notice to any Surety, the Borough may, at any time or from time to time, order additions, deletions or revisions in the Work within the general scope of the Contract, including but not limited to changes: 9.1.1 In the Contract Documents; 9.1.2 In the method or manner of performance of the Work; 9.1.3 In Borough -furnished facilities, equipment, materials, services, or site; 9. L4 Directing acceleration in the performance of the Work. 9.2 Authorization of Changes within the General Scope: Additions, deletions, or revisions in the Work within the general scope of the Contract as specified in paragraph 9.1 shall be authorized by one or more of the following ways: 9.2.1 Directive (pursuant to paragraph 9.3). 9.2.2 A Change Order (pursuant to paragraph 9.4). 9.2.3 Borough's acceptance of Shop Drawing variations from the Contract Documents as specifically identified by the Contractor as required by paragraph 6.20.4. 9.3 Directive: 9.3.1 The Contracting Officer shall provide written clarification or interpretation of the Contract Documents (pursuant to paragraph 3.6). 9.3.2 The Contracting Officer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. 9.3.3 The Contracting Officer may order the Contractor to correct Defective Work or methods which are not in conformance with the Contract Documents. 9.3.4 The Contracting Officer may direct the commencement or suspension of Work or emergency related Work (as provided in paragraph 6.19). 9.3.5 Upon the issuance of a Directive to the Contractor by the Contracting Officer, the Contractor shall proceed with the performance of the Work as prescribed by such Directive. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-39 9.3.6 If the Contractor believes that the changes noted in a Directive may cause an increase in the Contract Price or an extension of Contract Time, the Contractor shall immediately provide written notice to the Contracting Officer depicting such increases before proceeding with the Directive, except in the case of an emergency. If the Contracting Officer finds the increase in Contract Price or the extension of Contract Time justified, a Change Order will be issued. If, however, the Contracting Officer does not find that a Change Order is justified, the Contracting Officer may direct the Contractor to proceed with the Work. The Contractor shall cooperate with the Contracting Officer in keeping complete daily records of the cost of such Work. If a Change Order is ultimately determined to be justified, in the absence of agreed prices and unit prices, payment for such Work will be made on a cost of the work basis as provided in paragraph 10.4. 9.4 Change Order: A change in Contract Time, Contract Price, or responsibility may be made for changes within the scope of the Work only by Change Order. Upon receipt of an executed Change Order, the Contractor shall promptly proceed with the work involved which will be performed under the applicable conditions of the Contract Documents except as otherwise specifically provided. Changes in Contract Price and Contract Time shall be made in accordance with Article 10 and It. 9.5 Shop Drawing Variations Shop drawing variations shall only be eligible for consideration under 9.4 when the conditions affecting the price, time, or responsibility are identified by the Contractor in writing and a request for a Change Order is submitted as per paragraph 6.20.4. 9.6 Changes Outside the General Scope; Supplemental Agreement: Any change which is outside the general scope of the Contract, as determined by the Contracting Officer, must be authorized by a Supplemental Agreement signed by the appropriate representatives of the Borough and the Contractor. Prior approval by the Borough Manager or the Borough Assembly may be required. 9.7 Unauthorized Work The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in this Article 9, except in the case of an emergency as provided in paragraph 6.19 and except in the case of uncovering Work as provided in paragraph 12.4.2. 9.8 Notification of Surety: If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-40 provisions of any Bond to be given to a Surety, the giving of any such notice will be the Contractor's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 9.9 Differing Site Conditions 9.9.1 The Contractor shall promptly, and before such conditions are disturbed (except in an emergency as permitted by paragraph 6.19), notify the Contracting Officer in writing of (1) subsurface or latent physical conditions at the site differing materially from those indicated in the Contract, and which could not have been discovered by a careful examination of the site, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. The Contracting Officer shall promptly investigate the conditions, and if the Contracting Officer finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of or time required for, performance of this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. 9.9.2 Any claim for additional compensation by the Contractor under this clause shall be made in accordance with Article 15 and shall not be allowed unless the Contractor has first given the notice required by this Contract. In the event that the Contracting Officer and the Contractor are unable to reach an agreement concerning an alleged differing site condition, the Contractor will be required to keep an accurate and detailed record which will indicate the actual cost of the work done under the alleged differing site condition. Failure to keep such a record shall be a bar to any recovery by reason of such alleged differing site conditions. The Contracting Officer shall be given the opportunity to supervise and check the keeping of such records. ARTICLE 10 - CONTRACT PRICE: COMPUTATION AND CHANGE 10.1 Contract Price: The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to the Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at its expense without change in the Contract Price. The Contract Price may only be changed by a Change Order or Supplemental Agreement. 10.2 Claim For Price Change: Any claim for an increase or decrease in the Contract Price shall be submitted in accordance with the terms of Article 15, and shall not be allowed unless notice requirements of this Contract have been met. 10.3 Change Order Price Determination: The value of any Work covered by a Change Order for an increase or decrease in the Contract Price shall be determined in one of the following ways: NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-41 10.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 10.9.1 through 10.9.3, inclusive). 10.3.2 By mutual acceptance of a lump sum price which includes overhead and profit 10.3.3 When 10.3.1 and 10.3.2 are inapplicable, on the basis of the "cost of the work" (determined as provided in paragraphs 10.4 and 10.5) plus a Contractor's fee for overhead and profit (determined as provided in paragraph 10.6). 10.3.4 Before a Change Order or Supplemental Agreement is approved, the Contractor shall submit pricing data regarding the changed or extra work. The Contractor shall certify that the data submitted is, to its best knowledge and belief accurate, complete and current as of a mutually determined specified data and that such data will continue to be accurate and complete during the performance of the changed or extra work. 10.4 "Cost of the Work" The term "cost of the work" means the sum of all costs necessarily incurred and paid by the Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by the Borough, such costs shall be in amount no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 10.5: 10.4.1 Payroll costs for employees in the direct employ of the Contractor in the performance of the Work under schedules of job classifications agreed upon by the Borough and the Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by the Borough. 10.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof and Suppliers' field services required in connection therewith. All cash discounts shall accrue to the Contractor unless the Borough deposits funds with the Contractor with which to make payments, in which case the cash discounts shall accrue to the Borough. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to the Borough, and the Contractor shall make provisions so that they may be obtained. 10.4.3 Payments made by the Contractor to Subcontractors for Work performed by Subcontractors or Suppliers acceptable to the Contractor. Contractor shall deliver such quotes to the Borough who will then determine which quotes will be accepted. If a subcontract provides NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-42 that the Subcontractor is to be paid on the basis of "cost of the work" plus a fee, the Subcontractor's "cost of the work" shall be determined in the same manner as the Contractor's "cost of work" as described in paragraphs 10.4 and 10.5; and the Subcontractor's fee shall be established as provided for under subparagraph 10.6.2 clause b. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 10.4.4 Costs of special consultants (including but not limited to engineers, architects, testing laboratories, and surveyors) employed for services necessary for the completion of the Work. 10.4.5 Supplemental costs including the following: a. The proportion of necessary transportation, travel and subsistence expenses of the Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of the Contractor. C. Rentals of all construction equipment and machinery and the parts thereof whether rented from the Contractor or others in accordance with rental agreements approved by the Borough and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use or similar taxes related to the Work, and for which the Contractor is liable, imposed by Regulatory Requirements. C. Deposits lost for causes other than negligence of the Contractor, and Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by the Contractor in connection with the performance and furnishing of the Work provided they have resulted from causes other than the negligence of the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of the Borough. No such losses, damages and expenses shall be included in the "cost of the work" for the purpose of determining the Contractor's fee. If, however, any such loss or damage requires reconstruction and the Contractor is placed in charge thereof, the Contractor shall be paid for services a fee proportionate to that stated in paragraphs 10.6.2.a and 10.6.2.b. g. The cost of utilities, fuel and sanitary facilities at the site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-43 i. Cost of premiums for Payment and Performance Bonds and insurance, each as described in Article 5, and additional bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by the Borough in accordance with Article 5. 10.5 Excluded Costs: The term "cost of the work" shall not include any of the following: 10.5.1 Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agency, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in Contractor's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 10.4.1 or specifically covered by paragraph 10.4.4 - all of which are to be considered administrative costs covered by the Contractor's fee. 10.5.2 Expenses of Contractor's principal and branch offices other than Contractor's office at the site. 10.5.3 Any part of Contractor's capital expenses including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 10.5.4 Cost of premiums for all bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 10.4.5.1 above. 10.5.5 Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of Defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 10.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 10.4. 10.6 Contractor's Fee: The Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 10.6.1 A mutually acceptable fixed fee; or: NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-44 10.6.2 A fee based on the following percentages of the various portions of the "cost of the work:" a. For costs incurred under paragraphs 10.4.1 and 10.4.2, the Contractor's fee shall not exceed fifteen percent; b. For costs incurred under paragraph 10.4.3, the Contractor's fee shall not exceed eight percent; and if a subcontract is on the basis of "cost of the work" plus a fee, the maximum allowable to Contractor on account of overhead and profit of all Subcontractors and multiple tiers thereof shall not exceed eight percent; C. No fee shall be payable on the basis of costs itemized under paragraphs 10.4.4, 10.4.5 and 10.5; d. The amount of credit to be allowed by the Contractor to the Borough for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in Contractor's fee by an amount equal to ten percent of the net decrease; and e. When both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with paragraphs 10.6.2.a through 10.6.2.d, inclusive. 10.7 Cost Breakdown: Whenever the cost of any Work is to be determined pursuant to paragraphs 10.4 and 10.5, the Contractor will submit in form acceptable to the Borough an itemized cost breakdown together with supporting data. 10.8 Cash Allowances: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to the Contracting Officer. Contractor agrees that: 10.8.1 The allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 10.8.2 Contractor's cost for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. 10.9 Unit Price Work: 10.9.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-45 Work times the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by the Contractor will be made by the Borough in accordance with paragraph 10.10. 10.9.2 Each unit price will be deemed to include an amount considered by the Contractor to be adequate to cover the Contractor's overhead and profit for each separately identified item. If the "Basis of Payment" clauses in the Contract Documents relating to any unit price in the bid schedule requires that the said unit price cover and be considered compensation for certain work or material essential to the item, this same work or material will not also be measured or paid for under any other pay item which may appear elsewhere in the Contract Documents. 10.9.3 Payment to the Contractor shall be made only for the actual quantities of Work performed and accepted or materials furnished, in conformance with the Contract Documents. When the Contractor approaches 90 percent of the estimated quantity of a unit price item, Contractor shall notify the Contracting Officer. Such notification is required prior to any request for an increase in the estimated quantities of Work or materials stated in the bid schedule, or change documents. 10.10 Determinations for Unit Prices The Contracting Officer will determine the actual quantities and classifications of Unit Price Work performed by the Contractor. The Contracting Officer will review with the Contractor preliminary determinations on such matters before finalizing the costs and quantities on the Schedule of Values. The Contracting Officer's acknowledgment thereof will be final and binding on the Contractor, unless, within 10 days after the date of any such decisions, the Contractor delivers to the Contracting Officer written notice of intention to appeal from such a decision. ARTICLE 11 - CONTRACT TIME: COMPUTATION AND CHANGE 11.1 Commencement of Contract Time: The Contract Time will commence to run on the day indicated in the Notice to Proceed. 11.2 Starting the Work: No Work on Contract items shall be performed before the effective date of the Notice to Proceed. The Contractor shall notify the Contracting Officer at least 24 hours in advance of the time actual construction operations will begin. The Contractor may request a limited Notice to Proceed after Award has been made, to permit it to order long lead materials which could cause delays in project completion. However, granting is within the sole discretion of the Contracting Officer, and refusal or failure to grant a limited Notice To Proceed shall not be a basis for claiming for delay, extension of time, or alteration of price. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-46 1 1.3 Computation of Contract Time: 11.3.1 When the Contract Time is specified on a Calendar Days basis, all Work under the Contract shall be completed within the number of Calendar Days specified. The count of Contract Time begins on the day following receipt of the Notice to Proceed by the Contractor, if no starting day is stipulated therein. Calendar Days shall continue to be counted against Contract Time until and including the date of Final Completion of the Work. 11.3.2 When the Contract completion time is specified as a fixed calendar date, it shall be the date of Final Completion. 11.4 Time Change: The Contract Time may only be changed by a Change Order or Supplemental Agreement. 11.5 Extension Due to Delays: The right of the Contractor to proceed shall not be terminated nor the Contractor charged with liquidated or actual damages because of any delays to the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to the following: acts of God or of the public enemy, acts of the Borough in contractual capacity, acts of another contractor in the performance of a Contract with the Borough, floods, fires, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and delays of Subcontractors or Suppliers due to such causes. Any delay in receipt of materials on the site, caused by other than one of the specifically mentioned occurrences above, does not of itself justify a time extension, provided that the Contractor shall within 24 hours from the beginning of any such delay (unless the Contracting Officer shall grant a further period of the time prior to the date of final settlement of the Contract) notify the Contracting Officer in writing of the cause of delay. The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time for completing the Work when the findings of fact justify such an extension. 11.5.1 Delays or disruptions resulting from weight restrictions imposed on roadways, excessive traffic on roadways or road construction and/or repairs shall not be considered unforeseeable causes beyond the control of the Contractor. 11.6 Essence of Contract: All time limits stated in the Contract Documents are of the essence of the Contract. 11.7 Reasonable Completion Time: It is expressly understood and agreed by and between the Contractor and the Borough that the date of beginning and the time for Final Completion of the Work described herein are reasonable times for the completion of the Work. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-47 11.8 Delay Damages Whether or not the Contractor's right to proceed with the Work is terminated, the Contractor and its Sureties shall be liable for damages resulting from the Contractor's refusal or failure to complete the Work within the specified time. Liquidated damages for delay shall be paid by the Contractor or his Surety to the Borough in the amount as specified in the Supplementary Conditions for each Calendar Day the completion of the Work or any part thereof is delayed beyond the Contract Time required by the Contract, or any extension thereof. If such amount of liquidated damages is not established by the Contract Documents, then the Contractor and his Surety shall be liable to the Borough for any actual damages occasioned by such delay. The Contractor acknowledges that the liquidated damages established herein are not a penalty but rather constitute an estimate of damages that the Borough will sustain by reason of delayed completion. These liquidated damages are intended as compensation for losses difficult to estimate, and include those items enumerated in the Supplementary Conditions. These damages will continue to run both before and after termination in the event of default termination. These liquidated damages do not cover excess costs of completion or Borough costs, fees, and charges related to reprocurement. If a default termination occurs, the Contractor or his Surety shall pay in addition to these damages, all excess costs and expenses related to completion as provided by paragraph 14.2.5. ARTICLE 12 - QUALITY ASSURANCE 12.1 Warranty and Guaranty: The Contractor warrants and guarantees to the Borough that all Work will be in accordance with the Contract Documents and will not be Defective. Prompt notice of all defects shall be given to the Contractor. All Defective Work, whether or not in place, may be rejected, corrected or accepted as provided for in this Article. 12.2 Access to Work: The Borough and its Project Management representatives, testing agencies and governmental agencies with jurisdiction interests will have access to the Work at reasonable times for their observation, inspecting and testing. The Contractor shall provide proper and safe conditions for such access. 12.3 Tests and Inspections: 12.3.1 The Contractor shall give the Contracting Officer timely notice of readiness of the Work for all required inspections, tests or approvals. 12.3.2 If Regulatory Requirements of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, the Contractor shall schedule such NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-48 inspection, test or approval. Testing and Inspections shall be scheduled in a manner such as to reduce travel expenses of inspector whenever reasonable and without adversely affecting the schedule of work. The Borough shall select the inspector and pay all costs in connection therewith. The Contracting Officer shall be provided with the required certificates of inspection, testing or approval. If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, the Contractor shall comply with the most stringent requirement. The Contractor will refer uncertainties and requirements that are different, but apparently equal, to Owner for a decision before proceeding. The Borough may perform additional tests and inspections which it deems necessary to insure quality control. All such failed tests or inspections shall be at the Contractor's expense. 12.3.3 If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of the Contracting Officer, it must, if requested by the Contracting Officer, be uncovered for observation. Such uncovering shall be at the Contractor's expense unless the Contractor has given the Contracting Officer timely notice of Contractor's intention to cover the same and the Contracting Officer has not acted with reasonable promptness in response to such notice. 12.3.4 Neither observations nor inspections, tests or approvals by the Borough or others shall relieve the Contractor from the Contractor's obligations to perform the Work in accordance with the Contract Documents. 12.3.5 Within 30 days from the Notice to Proceed, the Contractor shall provide to the Contracting Officer a Schedule of Tests and Inspections, prepared in tabular form and including the following: I. Specification Section number and title. 2. Description of test and inspection. 3. Identification of applicable standards. 4. Identification of test and inspection methods. 5. Number of tests and inspections required. 6. "rime schedule or time span for tests and inspections. 7. Entity responsible for performing tests and inspections. 8. Requirements for obtaining samples. 9. Unique characteristics of each quality -control service. 12.3.6 The Contractor shall maintain a test and inspection log at the Project site, allowing access to the Contracting Officer and Project Manager during working hours. The Contractor shall prepare and submit to the Contracting Officer certified written reports that include the following: 1. Date of issue. 2. Project title and number. 3. Name, address, and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. 5. Names of individuals making tests and inspections. 6. Description of the Work and test and inspection method. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-49 7. Identification of product and Specification Section. 8. Complete test or inspection data. 9. Test and inspection results and an interpretation of test results. 10. Record of temperature and weather conditions at time of sample taking and testing and inspecting. 11. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting and reinspecting. 12.4 Uncovering Work: 12.4.1 If any Work is covered contrary to the written request of the Contracting Officer, it must, if requested by the Contracting Officer, be uncovered for the Contracting Officer's observation and replaced at the Contractor's expense. 12.4.2 If the Contracting Officer considers it necessary or advisable that covered Work be observed inspected or tested, the Contractor, at the Contracting Officer's request shall uncover, expose or otherwise make available for observation, inspection or testing as the Contracting Officer may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, the Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) and the Borough shall be entitled to an appropriate decrease in the Contract Price. If, however, such Work is not found to be Defective, the Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both directly attribute to such uncovering, exposure, observation, inspection, testing and reconstruction. 12.5 Borough May Stop the Work: If the Work is Defective, or the Contractor fails to supply suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the Contracting Officer may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. 12.6 Correction or Removal of Defective Work: If required by the Contracting Officer, the Contractor shall promptly, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by the Contracting Officer, remove it from the site and replace it with Work which conforms to the requirements of the Contract Documents. The Contractor shall bear all direct, indirect and consequential costs of such correction removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-50 12.7 One Year Correction Period: If within one year after the date of Final Completion or such longer period of time as may be prescribed by Regulatory Requirements or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be Defective, the Contractor shall promptly, without cost to the Borough and in accordance with the Contracting Officer's written instructions, either correct such Defective Work, or, if it has been rejected by the Contracting Officer, remove it from the site and replace it with conforming Work. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the Borough may have the Defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. In special circumstances where a particular item of equipment is placed in continuous service for the benefit of the Borough before Final Completion of all the Work, the correction period for that item may begin on an earlier date if so provided in the Specifications or by Change Order. Provisions of this paragraph are not intended to shorten the statute of limitations for bringing an action. 12.8 Acceptance of Defective Work: Instead of requiring correction or removal and replacement of Defective Work, the Contracting Officer may accept Defective Work. The Contractor shall bear all direct, indirect and consequential costs attributable to the Contracting Officer's evaluation of and determination to accept such Defective Work (costs to include but not limited to fees charges of engineers, architects, attorneys, and other professionals). If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the Borough shall be entitled to an appropriate decrease in the Contract Price. If the Borough has already made final payment to the Contractor, an appropriate amount shall be paid by the Contractor or its Surety to the Borough. 12.9 Borough May Correct Defective Work: If the Contractor fails within a reasonable time after written notice from the Contracting Officer to proceed to correct Defective Work or to remove and replace rejected Work as required by the Contracting Officer in accordance with paragraph 12.6, or if the Contractor fails to perform the Work in accordance with the Contract Documents, or if the Contractor fails to comply with any other provision of the Contract Documents, the Borough may, after seven days' written notice to the Contractor, correct and remedy any Such deficiency. In exercising the rights and remedies under this paragraph the Borough shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the Contracting Officer may exclude the Contractor from all or part of the site, take possession of all or part of the Work, and suspend the Contractor's services related thereto, take possession of the Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or approved remote storage sites or for which the Borough has paid the Contractor but which are stored elsewhere. The Contractor shall allow the Contracting Officer and his authorized representatives such access to the site as may be necessary to enable NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-51 the Contracting Officer to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the Borough in exercising such rights and remedies will be charged against the Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the Borough shall be entitled to an appropriate decrease in the Contract Price. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's Detective Work. The Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the Contracting Officer of the Borough's rights and remedies hereunder. ARTICLE 13 - PAYMENTS TO CONTRACTOR AND COMPLETION 13.1 Schedule of Values: The Schedule of Values established as provided in paragraph 6.6 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the Contracting Officer. Progress payments on account of Unit Price Work will be based on the number of units completed. 13.2 Preliminary Payments: Upon approval of the Schedule of Values the Contractor may be paid for direct costs substantiated by paid invoices and other prerequisite documents required by the General Requirements. Direct costs shall include the cost of bonds, insurance, approved materials stored on the site or at approved remote storage sites, deposits required by a Supplier prior to fabricating materials, and other approved direct mobilization costs substantiated as indicated above. These payments shall be included as a part of the total Contract Price as stated in the Contract. 13.3 Application for Progress Payment: The Contractor shall submit to the Contracting Officer (or Project Manager if designated by the Borough) at least 30 days before the date established for each progress payment (but not more than once a month) for review three signed and notarized original copies of each completed Application for Payment covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents, which shall include the quantity, location and completion date of the invoiced work. Entries shall match data on the Schedule of Values and Contractor's Construction Schedule. Updated Schedules and Change Orders issued before the last day of the construction period covered by the Application for Payment will be used. Progress payments will be made as the Work progresses on a monthly basis. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-52 13.4 Review of Application for Progress Payment Contracting Officer (or Project Manager) will either indicate in writing a recommendation of payment or return the Application for Payment to the Contractor indicating in writing the Contracting Officer's reasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application for Payment. 13.5 Stored Materials and Equipment: If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, paid invoice or other documentation warranting that the Borough has received the materials and equipment free and clear of all charges, security interests and encumbrances and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the Borough's interest therein, all of which will be satisfactory to the Contracting Officer. No payment will be made for perishable materials that could be rendered useless because of long storage periods. No progress payment will be made for living plant materials until planted. 13.6 Contractor's Warranty of Title: The Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the Borough no later than the time of payment free and clear of any claims, liens, security interest and further obligations. 13.7 Withholding of Payments: The Borough may withhold or refuse payment for any of the reasons listed below provided it gives written notice of its intent to withhold and of the basis for withholding: 13.7.1 The Work is Defective, or completed Work has been damaged requiring correction or replacement, or has been installed without approval of Shop Drawings, or by an unapproved Subcontractor, or for unsuitable storage of materials and equipment. 13.7.2 The Contract Price has been reduced by Change Order. 13.7.3 The Borough has been required to correct Defective Work or complete Work in accordance with paragraph 12.9. 13.7.4 The Borough's actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.2. La through 14.2.I.k inclusive. 13.7.5 Claims have been made against the Borough or against the finds held by the Borough on account of the Contractor's actions or inactions in performing this Contract, or there are other items entitling the Borough to a set off. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-53 13.7.6 Subsequently discovered evidence or the results of subsequent inspections or test, nullify any previous payments for reasons stated in subparagraphs 13.7.1 through 13.7.5. 13.7.7 The Contractor has failed to fulfill or is in violation of any of his obligations under any provision of this Contract. 13.8 Retainage: At any time the Borough finds that satisfactory progress is not being made it may in addition to the amount withheld under paragraph 13.7 retain a maximum amount equal to 10 percent of the total amount earned on all subsequent progress payments. This retainage may be released at such time as the Contracting Officer finds that satisfactory progress is being made. 13.9 Request for Release of Funds: If the Contractor believes the basis for withholding is invalid or no longer exists, immediate written notice of the facts and Contract provisions on which the Contractor relies, shall be given to the Borough, together with a request for release of funds and adequate documentary evidence proving that the problem has been cured. In the case of withholding which has occurred at the request of the Alaska Department of Labor and Workforce Development, the Contractor shall provide a letter from the Alaska Department of Labor and Workforce Development stating that withholding is no longer requested. Following such a submittal by the Contractor, the Borough shall have a reasonable time to investigate and verify the facts and seek additional assurances before determining whether release of withheld payments is justified. 13.10 Substantial Completion: When the Contractor considers the Work ready for its intended use the Contractor shall notify the Contracting Officer in writing that the Work or a portion of Work which has been specifically identified in the Contract Documents is substantially complete (except for items specifically listed by the Contractor as incomplete) and request that the Borough issue a certificate of Substantial Completion. Within a reasonable time thereafter, the Contracting Officer, the Contractor and appropriate Consultant(s) shall make an inspection of the Work to determine the status of completion. If the Contracting Officer does not consider the Work substantially complete, the Contracting Officer will within 14 days deliver to the Contractor a list of items to be completed or corrected. At the time of delivery of the certificate of Substantial Completion the Contracting Officer will deliver to the Contractor a written division of responsibilities pending Final Completion with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties which shall be consistent with the terms of the Contract Documents. The Borough shall be responsible for all Borough costs resulting from the initial inspection and the first re -inspection. The Contractor shall pay all costs incurred by the Borough resulting from any re -inspections, thereafter. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-54 The Borough shall have the right to take possession of and use any completed or partially completed portions of the Work, prior to the date specified for the date of Substantial Completion, and such action and use shall not be considered an acceptance of that Work. If such use by the Borough causes additional expense to the Contractor and/or delay in the Work, the Contractor may be entitled to additional compensation and/or an extension of time. The Borough shall be responsible for routine maintenance or damages caused by its use of such portions of the Work. 13.11 Access Following Substantial Completion: The Borough shall have the right to exclude the Contractor from the Work after the date of Substantial Completion, but the Borough shall allow Contractor reasonable access to complete or correct items on the tentative list. 13.12 Final Inspection Upon written notice from the Contractor that the entire Work or an agreed portion thereof is complete, the Contracting Officer will make a final inspection with the Contractor and appropriate Consultants and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or Defective. The Contractor shall immediately take such measures as are necessary to remedy such deficiencies. The Contractor shall pay for all costs incurred by the Borough resulting from re -inspections after final inspection. 13.13 Final Completion and Application for Payment: After the Contractor has completed all such corrections to the satisfaction of the Contracting Officer and delivered all training, maintenance and operating instructions, schedules, guarantees, bonds, certificates of payment to all laborers, Subcontractors and Suppliers, certificates of inspection, marked -up record documents and other documents all as required by the Contract Documents, and after the Contracting Officer has indicated in writing that the Work has met the requirements for Final Completion, and subject to the provisions of paragraph 13.17, the Contractor may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all certificates, warranties, guarantees, releases, affidavits, and other documentation required by the Contract Documents, including evidence of completion of Project closeout requirements and evidence that claims have been resolved. 13.14 Final Payment: 13.14.1 If on the basis of the Contracting Officer's observation of the Work during construction and final inspection, and the Contracting Officer's review of the final Application for Payment and accompanying documentation all as required by the Contract Documents; and the Contracting Officer is satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the Borough will process final Application for Payment. Otherwise, the Contracting Officer will return the Application for Payment to the Contractor, indicating in writing the reasons for refusing to process final NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-55 payment, in which case Contractor shall make the necessary corrections and resubmit the final Application for Payment. 13.14.2 If, through no fault of the Contractor, Final Completion of the Work is significantly delayed, the Contracting Officer shall, upon receipt of the Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the Borough for Work not fully completed or corrected is less than the retainage provided for in paragraph 13.8, and if bonds have been furnished as required in paragraph 5.1, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Borough with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 13.15 Final Acceptance: Following certification of payment, of payroll and revenue taxes, and final payment to the Contractor, the Borough will issue a letter of Final Acceptance, releasing the Contractor from further obligations under the Contract, except as provided in paragraph 13.16. 13.16 Contractor's Continuing Obligation: The Contractor's obligation to perform and complete the Work and pay all laborers, Subcontractors, and materialmen in accordance with the Contract Documents shall be absolute. Neither any progress or final payment by the Borough, nor the issuance of a certificate of Substantial Completion, nor any use or occupancy of the Work or any part thereof by the Borough or Using Agency, nor any act of acceptance by the Borough nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor any correction of Defective Work by the Borough will constitute an acceptance of Work not in accordance with the Contract Documents or a release of the Contractor's obligation to perform the Work in accordance with the Contract Documents. 13.17 Waiver of Claims by Contractor The making and acceptance of final payment will constitute a waiver of all claims by the Contractor against the Borough other than those previously made in writing and still unsettled. 13.18 No Waiver of Legal Rights: The Borough shall not be precluded or be estopped by any payment, measurement, estimate, or certificate made either before or after the completion and acceptance of the Work and payment therefor, from showing the true amount and character of the Work performed and materials furnished by the Contractor, nor from showing that any payment, measurement, estimate or certificate and payment in accordance therewith, from recovering from the Contractor or his Sureties, or both, such damages as it may sustain by reason of his failure to comply with requirements of the Contract Documents. Neither the acceptance by the Borough, or any NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-56 representative of the Borough, nor any payment for or acceptance of the whole or any part of the Work, nor any extension of the Contract Time, nor any possession taken by the Borough, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or of any right to damages. A waiver by the Borough of any breach of the Contract shall not be held to be a waiver of any other subsequent breach. ARTICLE 14 - SUSPENSION OF WORK, DEFAULT AND TERMINATION 14.1 Borough May Suspend Work: 14. 1.1 The Borough may, at any time, suspend the Work or any portion thereof by notice in writing to the Contractor. If the Work is suspended without cause the Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension, if the Contractor makes an approved claim therefor as provided in Article 15. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that suspension is due to the fault or negligence of the Contractor, or that suspension is necessary for Contract compliance, or that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. 14.1.2 In case of suspension of Work, the Contractor shall be responsible for preventing damage to or loss of any of the Work already performed and of all materials whether stored on or off the site or approved remote storage sites. 14.2 Default of Contract: 14.2. l If the Contractor: a. Fails to begin the Work under the Contract within the time specified in the Proposal, or b. Fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workmen or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 6.6 as revised from time to time), or C. Performs the Work unsuitably or neglects or refuses to remove materials or to correct Defective Work. d. Discontinues the prosecution of the Work, or e. Fails to resume Work which has been discontinued within a reasonable time after notice to do so, or f Becomes insolvent, except that if the Contractor declares bankruptcy termination shall be in accordance with all l l U.S.C. 362 and/or I I U.S.C. 365. In the event the Contractor declares bankruptcy the Contractor agrees that the Contract will be assumed or rejected in a timely manner so that Contract will be completed by the date specified in the Contract. g. Allows any final judgment to stand against it unsatisfied for period of 60 days, or NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-57 h. Makes an assignment for the benefit of creditors without the consent of the Contracting Officer, or i. Disregards Regulatory Requirements of any public body having jurisdiction, or j. Otherwise violates in any substantial way any provisions of the Contact Documents, or k. For any cause whatsoever, fails to carry on the Work in an acceptable manner, the Contracting Officer may give notice in writing to the Contractor and his Surety of such delay, neglect, or default. 14.2.2 If the Contractor or Surety, within the time specified in the above notice of default, shall not proceed in accordance therewith, then the Borough may, upon written notification from the Contracting Officer of the fact of such delay, neglect or default and the Contractor's failure to comply with such notice, have full power and authority without violating the Contract, to take the prosecution of the Work out of the hands of the Contractor. The Borough may terminate the services of the Contractor, exclude the Contractor from the site and take possession of the Work and of all the Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the Borough has paid the Contractor but which are stored elsewhere, and finish the Work as the Borough may deem expedient. The Borough may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods that in the opinion of the Contracting Officer are required for the completion of said Contract in an acceptable manner. 14.2.3 The Contracting Officer may, by written notice to the Contractor and its Surety or its representative, transfer the employment of the Work from the Contractor to the Surety, or if the Contractor abandons the Work undertaken under the Contract, the Contracting Officer may, at his option with written notice to the Surety and without any written notice to the Contractor, transfer the employment for said Work directly to the Surety. The Surety shall submit its plan for completion, to the Borough for approval prior to beginning completion of the Work. Approval of such contracts shall be in accordance with all applicable requirements and procedures for approval of subcontracts as stated in the Contract Documents. 14.2.4 Upon receipt of the notice terminating the services of the Contractor, the Surety shall enter upon the premises and take possession of all materials, tools, and appliances thereon for the purpose of completing the Work included under the Contract and employ by contract or otherwise any person or persons to finish the Work and provide the materials therefor, without termination of the continuing full force and effect of this Contract. In case of such transfer of employment to the Surety, the Surety shall be paid in its own name on estimates covering Work subsequently performed under the terms of the Contract and according to the terms thereof without any right of the Contractor to make any claim for the same or any part thereof. 14.2.5 If the Contract is terminated for default, the Contractor and the Surety shall be jointly and severally liable for damages for delay as provided by paragraph 1 1.8, and for the excess cost of completion, and all costs and expenses incurred by the Borough in completing the Work or arranging for completion of the Work, including but not limited to costs of assessing the Work to NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-58 be done, costs associated with advertising, soliciting or negotiating for bids or proposals for completion, and other reprocurement costs. Following termination the Contractor shall not be entitled to receive any further balance of the amount to be paid under the Contract until the Work is fully finished and accepted, at which time if the unpaid balance exceeds the amount due the Borough and any amounts due to persons for whose benefit the Borough has withheld funds, such excess shall be paid by the Borough to the Contractor. If the damages, costs, and expenses due the Borough exceed the unpaid balance, the Contractor and its Surety shall pay the difference. 14.2.6 If after notice of termination of the Contractor's right to proceed under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that the delay was excusable under the provisions of this clause, or that termination was wrongful, the rights and obligations of the parties shall be determined in accordance with the clause providing for convenience termination. 14.3 Rights or Remedies: Where the Contractor's services have been so terminated by the Borough, the termination will not affect any rights or remedies of the Borough against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the Borough will not release the Contractor from liability. 14.4 Convenience Termination: 14.4.1 The performance of the Work may be terminated by the Borough in accordance with this section in whole or in part whenever for any reason the Contracting Officer shall determine that such termination is in the best interest of the Borough. Any such termination shall be effected by delivery to the Contractor of a "Notice of Termination," specifying termination is for the convenience of the Borough the extent to which performance of Work is terminated, and the date upon which such termination becomes effective. Immediately upon receipt of a "Notice of Termination" and except as otherwise directed by the Contracting Officer, the Contractor shall: a. Stop Work on the date and to the extent specified in the "Notice of Termination.;" b. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the Work as is not terminated; C. Terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the "Notice of Termination;" d. With the written approval of the Contracting Officer, to the extent he may require, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the costs which would be reimbursed, in whole, or in part in accordance with the provisions of the Contract; NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-59 e. Submit to the Contracting Officer a list, certified as to quantity and quality, of any or all items of termination inventory exclusive of items the disposition of which had been directed or authorized by the Contracting Officer; f Transfer to the Contracting Officer the completed or partially completed record drawings, Shop Drawings, information, and other property which, if the Contract had been completed, would be required to be furnished to the Borough; and g. Take such action as may be necessary, or as the Contracting Officer may direct, for the protection and preservation of the property related to the Contract which is in the possession of the Contractor and in which the Borough has or may acquire any interest. The Contractor shall proceed immediately with the performance of the above obligations. 14.4.2 When the Borough orders termination of the Work effective on a certain date, all Work in place as of that date will be paid for in accordance with Article 13 of the Contract Materials required for completion and on hand but not incorporated in the Work will be paid for at invoice cost plus 15 percent with materials becoming the property of the Borough - or the Contractor may retain title to the materials and be paid an agreed upon lump sum not defined, on order shall be canceled, and the Borough shall pay reasonable factory cancellation charges with the option of taking delivery of the materials in lieu of payment of cancellation charges. The Contractor shall be paid 10 percent of the cost, freight not included, of materials canceled, and direct expenses only for Contractor chartered freight transport which cannot be canceled without charges, to the extent that the Contractor can establish them. The extra costs due to cancellation of bonds and insurances and that part of job start -tip and phase-out costs not amortized by the amount of Work accomplished shall be paid by the Borough. Charges for loss of profit or consequential damages shall not be recoverable except as provided above. 14.4.3 The termination claim shall be submitted promptly, but in no event later than 90 days from the effective date of termination, unless one or more extensions in writing are granted by the Contracting Officer upon request of the Contractor made in writing within the 90 day period. Upon failure of the Contractor to submit its termination claim within the time allowed, the Contracting Officer may determine, on the basis of information available to him, the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contractor by reason of the termination and shall pay to the Contractor the amount determined as follows: a. All costs and expenses reimbursable in accordance with the Contract not previously paid to the Contractor for the performance of the Work prior to the effective date of the "Notice of Termination;" b. So far as not included under "a" above, the cost of settling and paying claims arising out of the termination of the Work under subcontracts or orders which are properly chargeable to the terminated portions of the Contract; C. The reasonable costs of settlement with respect to the terminated portion of the Contract heretofore, to the extent that these costs have not been covered under the payment provisions of the Contract. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-60 14.4.5 The Contractor shall have the right of appeal under the Borough's claim procedures, as defined in Article 15, for any determinations made by the Contracting Officer, except if the Contractor has failed to submit his claim within the time provided and has failed to request extension of such time, Contractor shall have no such right of appeal. In arriving at the amount due the Contractor under this section, there shall be deducted: 1. All previous payments made to the Contractor for the performance of Work under the Contract prior to termination; 2. Any claim for which the Borough may have against the Contractor; 3. The agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the Contractor or sold pursuant to the provisions of this section and not otherwise recovered by or credited to the Borough; and 4. All progress payments made to the Contractor under the provisions of this section. 14.4.6 Where the Work has been terminated by the Borough said termination shall not affect or terminate any of the rights of the Borough against the Contractor or his Surety then existing or which may thereafter accrue because of such default. Any retention or payment of monies by the Borough due to the Contractor under the terms of the Contract shall not release the Contractor or his Surety from liability. Unless otherwise provided for in the Contract Documents, or by applicable statute, the Contractor, from the effective date or termination and for a period of three years after final settlement under this Contract, shall preserve and make available to the Borough at all reasonable times at the office of the Contractor, all its books, records, documents, and other evidence bearing on the cost and expenses of the Contractor under his Contract and relating to the Work terminated hereunder. ARTICLE 15 - CLAIMS AND DISPUTES 15.1 Notification: In addition to the notice requirements set out elsewhere in this Contract, if the Contractor becomes aware of any act or occurrence which may form the basis of a claim by the Contractor for additional compensation or an extension of time for performance, or if any dispute arises regarding a question of fact or interpretation of the Contract, the Contractor shall immediately inform the Project Manager and Contracting Officer. If the matter cannot be resolved by agreement within seven days, the Contractor shall, within the next 14 days, submit an "Intent to Claim" in writing to the Project Manager and Contracting Officer. The claim, if not resolved, shall be presented to the Contracting Officer, in writing, within 60 days following receipt of the "Intent to Claim." Receipt of the claim will be acknowledged in writing by the Contracting Officer. The Contractor agrees that unless these written notices are provided, the Contractor will have no entitlement to additional time or compensation for such act, event or condition. The Contractor shall in any case continue diligent performance of the Contract. NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-61 15.2 Presenting Claim: The claim shall specifically include the following: 15.2.1 The act, event or condition giving rise to the claim. 15.2.2 The Contract provisions which apply to the claim and under which relief is provided. 15.2.3 The item or items of Contract Work affected and how they are affected. 15.2.4 The specific relief requested, including contract time if applicable, and the basis upon which it was calculated. 15.3 Claim Validity, Additional Information, and Contracting Officer's Actions: The claim, in order to be valid, must not only show that the Contractor suffered damages or delay but that those conditions were actually a result of the act, event or condition complained of and that the Contract provides entitlement to relief to the Contractor for such act, event, or condition. The Contracting Officer reserves the right to make written request to the Contractor at any time for additional information which the Contractor may possess relative to the claim. The Contractor agrees to provide the Contracting Officer such additional information within 30 days of receipt of such a request. Failure to furnish such additional information may be regarded as a waiver of the claim. The claim, if not resolved by agreement within 90 days of its receipt, Contractor may submit a "Notice of Appeal" pursuant to Section 15.4. 15.4 Notice of Appeal: Within 30 days of receipt of the decision the Contractor may deliver a "Notice of Appeal" to the Borough Manager. The notice shall include specific exceptions to the Contracting Officer's decision, including specific provisions of the Contract, which the Contractor intends to rely upon in the appeal General assertions that the Contracting Officer's decision is contrary to law or to fact are not sufficient. 15.5 Borough Manager's Decision: The decision of the Borough Manager will be rendered within 120 days of "Notice of Appeal." This decision constitutes the exhaustion of contractual and administrative remedies. The time limits given above may only be extended by mutual consent. The decision of the Borough Manager shall be final and conclusive unless the Contractor commences action in the Alaska court system, Third Judicial District in Anchorage, Alaska, within 120 days from receipt thereof. END OF GENERAL CONDITIONS NORTH STAR ELEMENTARY GENERAL CONDITIONS EXTERIOR RENOVATION 00710-62 SECTION 00800 SUPPLEMENTARY CONDITIONS INTENT 1.1 These Supplementary Conditions amend and supplement the General Conditions defined in Document 00700 and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. 1.2 The terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions. 2.1 ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE A. Delete Section 3.2 and substitute the following: I. 3.2: The Contractor will be responsible for obtaining their own digital copies of the drawings and project manual through the project e -Builder site, and for the cost of reproduction, postage and handling thereof. 2.2 ARTICLE 5 — BONDS, INSURANCE AND INDEMNIFICATION A. Add the following subparagraph: 1. 5.2.1: The bond value requirements are as follows: a. Provide a 100 percent Performance Bond. b. Provide a 100 percent Payment Bond. c. Deliver bonds within 3 days after execution of the Contract. 2.3 ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES A. Amend Section 6.1: Add the following subparagraph: 1. 6.1.1: The Contractor shall provide a copy of construction progress reports to the Owner on a daily basis. B. Add Section 6.14.1: 1. The Contractor shall provide 72 hour advance notice for all activities affecting access by the public and staff to the school. The Owner will utilize the school on a daily basis and any encumbrance on the area must be coordinated with the Owner. C. Add Section 6.17.4: 1. When use or storage of explosives, or other hazardous materials, substances or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall give the Owner reasonable advance notice. D. Add Section 6.20.1: NORTH STAR ELEMENTARY SUPPLEMENTARY CONDITIONS EXTERIOR RENOVATION 00800-1 The Architect's review of Contractor's submittals will be limited to examination of an initial submittal and one (1) resubmittal. The Architect's review of additional submittals will be made only with the consent of the Owner after notification by the Architect. The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for evaluation of such additional resubmittals. 2.4 ARTICLE 7 - LAWS AND REGULATIONS: A. Paragraph 7.12.1: The Alaska Products Preference will not be applied to this project. B. Add the following subparagraphs to Section 7.14.2: 7.14.2.e: The Contractor shall pay prevailing laborers' and mechanics' rates of pay and other requirements as defined in the State of Alaska Statutes Title 36. Public Contracts AS 36.05 and AS36.10. f: All Contractors and Subcontractors will abide by the latest determination of the minimum wage rates as scheduled and published for this region by U.S. Department of Labor and the Alaska Department of Labor and will abide by all amendments, decisions and related regulations of these agencies. In the case of conflict between the two agencies with respect to hourly wage rates for any labor category, the higher published rate shall prevail. In accordance with provisions of AS 36.05.070 these minimum rates of pay shall be prominently posted at job site by Contractor. g. All Contractors and Subcontractors will abide by all applicable labor -standards provisions of the U.S. Department of Labor and the Alaska Department of Labor and other Federal and State agencies having jurisdiction over this project with respect to requirements concerning maximum hours of work, minimum rates of pay, overtime compensation, categories and classifications of employees, methods and timeliness (not less than once a week) of payment of ways, the preparation and preservation of weekly payroll records, and all other pertinent requirements. h. The Contractor shall comply with all applicable requirements of'fitle 36, Chapter 10 of the Alaska Statutes that have not been found unconstitutional by a court of competent jurisdiction. i. Contractor shall comply with all applicable reporting requirements of the Alaska Department of Licensing and Department of Labor. C. Add the Section 7.19 Equal Employment Opportunity: 1. The Contractor will not discriminate against any employee, or any applicant for employment, for unlawful reasons. 2. The Contractor will make all necessary efforts to insure, with respect to both his organization and his subcontractors, that the non-discrimination provisions of Paragraph SC2a shall be included in, but not limited to, the following actions: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. 3. The Contractor shall furnish all information and reports which may be or become required by Federal or State agencies and will permit access to his books, records, and accounts by such agencies for purposes of investigation to ascertain compliance with applicable rules, regulations NORTH STAR ELEMENTARY SUPPLEMENTARY CONDITIONS EXTERIOR RENOVATION 00800-2 and orders. 2.5 ARTICLE 10 —CONTRACT PRICE: COMPUTATION AND CHANGE A. Delete Section 10.6.2 and replace with the following: When the value of change order work is determined by the lump sum method or by the time and materials method, the following definitions and percentages shall apply. Direct costs are defined as the net cost to Contractor to accomplish a given change. Costs of bonds and insurance associated with the change shall be applied after addition of indirect costs. Indirect costs are defined as general operational charges related to the accomplishment of a given change, including but not limited to small tools, incidental job burdens and general office expense. B. Overhead and Profit Allowances for all indirect costs shall be identified as combined overhead and profit and shall not exceed the percentages in the following schedule: C. Additive work: 1. Prime Contractor: a. 15% of the direct costs of own work. b. 8% of the direct costs of work performed by subcontractors not including subcontractor's overhead and profit. c. 8% of the direct costs of equipment that requires furnishing and delivery only. 2. Subcontractor: a. 15% of the direct costs of own work. b. 8% of the direct costs of work performed by subcontractors not including subcontractor's overhead and profit. c. 8% of the direct costs of equipment that requires furnishing and delivery only. D. Deductive work: 1. Prime Contractor: 4% of the direct cost of own deleted work. B. No fee shall be payable on the basis of costs itemized under paragraph 10.5. F. When both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with paragraphs C through D, inclusive. G. Cost Breakdowns: for each response to Request for Proposal contractor shall provide the following information for Prime Contractor and all subcontractors: a. Number of man hours and cost per hour. b. Number of equipment hours and cost per hour. c. Materials quantity and unit prices. 2.6 ARTICLE 11 —CONTRACT TIME: COMPUTATION AND CHANGE A. Amend the following subparagraphs: 1. 11.1: Contract Time is identified in 00100 - Invitation to Bid. 2. 11.8: This project is an important public facility and is critical to operation of the school. Thus, any extension of the completion date of the project will have far reaching consequences. For this reason, the Owner and Contractor will and do agree by contract to NORTH STAR ELEMENTARY SUPPLEMENTARY CONDITIONS EXTERIOR RENOVATION 00800-3 measure damages for delayed construction by a liquidated fixed sum calculated as set forth below. If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Owner shall collect from the Contractor, liquidated damages in the sum of $500 per day until substantial completion is attained. If the Owner terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work, together with any increased costs occasioned the Owner in completing the work. If the Owner does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted. ADDITIONAL ARTICLE 1- DEFINITIONS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work, but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Furnish or Supply: To supply and deliver, unload, inspect for damage C. Install: To unpack, assemble, erect, apply, place, finish, cure, protect, clean, and ready for use. D. Provide: To furnish or supply, plus install. E. Project Manual: The Project Manual is the volume usually assembled for the Work which includes the Bid Documents, Contract Documents, and Specifications. END OF SUPPLEMENTARY CONDITIONS NORTH STAR ELEMENTARY SUPPLEMENTARY CONDITIONS EXTERIOR RENOVATION 00800-4