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HomeMy WebLinkAboutCornell - Hoy Parking Garage Repairs - CD Set - 20181212No.RevisionsDateSeal:Project Name:Scale:Date:Job Number:Drawing Title:Drawn:Checked:Approved:Drawing Number:Drawing Set:E2017016B12.12.2018As NotedVANKSCMLPCONSTRUCTION DOCUMENTSCORNELL UNIVERSITYHOY PARKING GARAGEPLANNED MAINTENANCE20191002 West 9th Avenue, King of Prussia, PA 19406610-989-3800 - www.cvmprofessional.comDavid A. VanOcker P.E. - Lic. #074389-1COVERSHEETCSCORNELL UNIVERSITYHoy GaragePlanned Maintenance 2019167 Hoy Road Ithaca, NY 14853LIST OF DRAWINGSCS - COVERSHEETGN - GENERAL NOTES & SPECIALINSPECTIONSSL - SITE LOGISTICSS1 - PLANS & PARTIAL ELEVATIONSS2 - DETAILSS3 - DETAILSS4 - DETAILSS5 - TYPICAL DETAILS No.RevisionsDateSeal:Project Name:Scale:Date:Job Number:Drawing Title:Drawn:Checked:Approved:Drawing Number:Drawing Set:E2017016B12.12.2018As NotedVANKSCMLPCONSTRUCTION DOCUMENTSCORNELL UNIVERSITYHOY PARKING GARAGEPLANNED MAINTENANCE20191002 West 9th Avenue, King of Prussia, PA 19406610-989-3800 - www.cvmprofessional.comDavid A. VanOcker P.E. - Lic. #074389-1GENERAL NOTES &SPECIAL INSPECTIONSGN¾”“”¾”“”“”“”“”“”“”“” No.RevisionsDateSeal:Project Name:Scale:Date:Job Number:Drawing Title:Drawn:Checked:Approved:Drawing Number:Drawing Set:E2017016B12.12.2018As NotedVANKSCMLPCONSTRUCTION DOCUMENTSCORNELL UNIVERSITYHOY PARKING GARAGEPLANNED MAINTENANCE20191002 West 9th Avenue, King of Prussia, PA 19406610-989-3800 - www.cvmprofessional.comDavid A. VanOcker P.E. - Lic. #074389-1SITE LOGISTICSSLNO WORK No.RevisionsDateSeal:Project Name:Scale:Date:Job Number:Drawing Title:Drawn:Checked:Approved:Drawing Number:Drawing Set:E2017016B12.12.2018As NotedVANKSCMLPCONSTRUCTION DOCUMENTSCORNELL UNIVERSITYHOY PARKING GARAGEPLANNED MAINTENANCE20191002 West 9th Avenue, King of Prussia, PA 19406610-989-3800 - www.cvmprofessional.comDavid A. VanOcker P.E. - Lic. #074389-1No.RevisionsDateSeal:Project Name:Scale:Date:Job Number:Drawing Title:Drawn:Checked:Approved:Drawing Number:Drawing Set:E2017016B12.12.2018As NotedVANKSCMLPCONSTRUCTION DOCUMENTSCORNELL UNIVERSITYHOY PARKING GARAGEPLANNED MAINTENANCE20191002 West 9th Avenue, King of Prussia, PA 19406610-989-3800 - www.cvmprofessional.comDavid A. VanOcker P.E. - Lic. #074389-1PLANS & PARTIALELEVATIONSS1NO WORK No.RevisionsDateSeal:Project Name:Scale:Date:Job Number:Drawing Title:Drawn:Checked:Approved:Drawing Number:Drawing Set:E2017016B12.12.2018As NotedVANKSCMLPCONSTRUCTION DOCUMENTSCORNELL UNIVERSITYHOY PARKING GARAGEPLANNED MAINTENANCE20191002 West 9th Avenue, King of Prussia, PA 19406610-989-3800 - www.cvmprofessional.comDavid A. VanOcker P.E. - Lic. #074389-1DETAILSS2 No.RevisionsDateSeal:Project Name:Scale:Date:Job Number:Drawing Title:Drawn:Checked:Approved:Drawing Number:Drawing Set:E2017016B12.12.2018As NotedVANKSCMLPCONSTRUCTION DOCUMENTSCORNELL UNIVERSITYHOY PARKING GARAGEPLANNED MAINTENANCE20191002 West 9th Avenue, King of Prussia, PA 19406610-989-3800 - www.cvmprofessional.comDavid A. VanOcker P.E. - Lic. #074389-1DETAILSS3 No.RevisionsDateSeal:Project Name:Scale:Date:Job Number:Drawing Title:Drawn:Checked:Approved:Drawing Number:Drawing Set:E2017016B12.12.2018As NotedVANKSCMLPCONSTRUCTION DOCUMENTSCORNELL UNIVERSITYHOY PARKING GARAGEPLANNED MAINTENANCE20191002 West 9th Avenue, King of Prussia, PA 19406610-989-3800 - www.cvmprofessional.comDavid A. VanOcker P.E. - Lic. #074389-1DETAILSS4 t/2 FOR WALLSt/4 FOR COLUMNS MAX.tat/2 FOR WALLSt/4 FOR COLUMNS MAX.tHBCFA8" TYP.BOTH SIDESG BCFD.ABCDEFANo.RevisionsDateSeal:Project Name:Scale:Date:Job Number:Drawing Title:Drawn:Checked:Approved:Drawing Number:Drawing Set:E2017016B12.12.2018As NotedVANKSCMLPCONSTRUCTION DOCUMENTSCORNELL UNIVERSITYHOY PARKING GARAGEPLANNED MAINTENANCE20191002 West 9th Avenue, King of Prussia, PA 19406610-989-3800 - www.cvmprofessional.comDavid A. VanOcker P.E. - Lic. #074389-1TYPICAL DETAILSS5 HOY PARKING GARAGE PLANNED MAINTENANCE 2019 Project Manual & Specifications December 12, 2018 Owner Cornell University Ithaca, NY 14853 Engineer CVM Engineers 1002 West 9th Avenue King of Prussia, PA 19406 HOY PARKING GARAGE TABLE OF CONTENTS PLANNED MAINTENANCE 2019 Page 1 Instructions to Bidders Bid Form General Conditions and Exhibits DIVISION 1 - GENERAL REQUIREMENTS Section 01 11 00 Summary of the Work Section 01 14 00 Work Restrictions Section 01 22 00 Unit Pricing Section 01 31 19 Project Meetings Section 01 31 50 Electronic Project Management Section 01 32 16 Construction Schedules Section 01 32 33 Photographic Documentation Section 01 33 00 Submittal Procedures Section 01 35 29 General Health & Safety Section 01 35 43 General Environmental Requirements Section 01 35 44 Spill Control Section 01 41 00 Regulatory Requirements Section 01 42 00 References Section 01 45 00 Quality Control Section 01 45 29 Testing Laboratory Services Section 01 45 33 Code Required Special Inspections and Procedures Section 01 66 00 Storage and Protection Section 01 77 00 Project Close Out Section 01 78 36 Warranties and Bonds Section 01 78 39 Record Documents DRAWING LIST CS Coversheet GN General Notes & Special Inspections SL Site Logistics S1 Plans & Partial Elevations S2 Details S3 Details S4 Details S5 Typical Details END OF DOCUMENT INSTRUCTIONS TO BIDDERS INS-1 INSTRUCTIONS TO BIDDERS Project: Hoy Parking Garage Planned Maintenance 2019 Owner: Cornell University Ithaca, New York 14853 Engineer: CVM Engineers 1002 West 9th Avenue King of Prussia, Pennsylvania 19406 1. PROPOSAL FORMS a. Proposals shall be made only on the forms provided and all blank and underlined spaces in the forms shall be fully filled in, in ink or typed; amount shall be fully stated both in writing and in figures. Proposals shall be signed by Principals or Officers duly authorized to execute such documents on behalf of their respective firms or organizations, and the Certificate included in the Bid Form shall be completed accordingly. Bidder's legal name must be fully stated. Completed form shall be without interlineation, alterations, or erasures unless initialed and dated by the signer. 2. RECAPITULATION OR PROPOSAL a. Proposals shall not contain any recapitulation of the work to be done. No oral, telegraphic or telephonic proposals or modifications will be considered. 3. METHOD OF SUBMISSION a. Proposals shall be prepared and enclosed in a sealed envelope. Envelope shall be addressed to: Facilities Contracts 121 Humphreys Service Building Cornell University Ithaca, New York 14853 Proposal for: Hoy Parking Garage Planned Maintenance 2019 Submitted by: (Bidder) b. Proposals shall be delivered to the Owner at the address listed above not later than 2:00PM on February 4, 2019. INSTRUCTIONS TO BIDDERS INS-2 4. BID OPENING a. Proposals will be opened publicly by the Owner in Room 133, Humphreys Service Building, Cornell University Campus, Ithaca, New York, at the hour and date listed in 3b. The Owner reserves the right to postpone the date and time of opening of proposals at any time prior to the date and time announced in this Instruction to Bidders or amendments thereto. 5. BIDDING DOCUMENTS a. The Bidding Documents will consist of the following: (1) Instructions to Bidders. (2) Bid Form. (3) General Conditions of the Contract and Division 1 - "General Requirements". (4) Drawings and Specifications. (5) Addenda and/or bulletins issued prior to date of opening of Proposals. 6. DRAWINGS AND SPECIFICATIONS FURNISHED a. Contract Documents may be obtained from the Facilities Contracts website (http://finance.fs.cornell.edu/contracts/pob/projects.cfm ). For assistance, call 607-255-5343. b. Printed sets of bid documents will be available at $30.00 per set without refund. No partial sets will be issued. Electronic access to the bid documents including addendums may be obtained for a non-refundable fee of $49.00 at the requestor’s option. All Contract Documents remain the property of the Owner. c. At the request of the successful bidder, Cornell will provide up to five (5) printed sets of drawings and specifications. 7. START OF WORK a. Work at the site shall be started within thirty (30) calendar days from the date of issuance of written authorization to proceed and shall be achieve substantial completion of the project no later than August 16, 2019. b. The construction schedule is critical. The Contractor shall provide adequate labor and equipment in the Bid to ensure that no slippage of the schedule will occur. 8. BONDS a. Performance and Payment Bonds. The successful Bidder shall furnish the Owner with "Performance" and “Labor and Material Payment Bonds", each in the amount of 100% of the Contract Price. The cost of such bonds shall be included in the Bidders Proposal. Each of these Bonds are to be in a form with such sureties as the Owner may approve. INSTRUCTIONS TO BIDDERS INS-3 b. Bid Bond. Each Bidder will be required to furnish a Bid Bond in the amount of 10% of the Bid Amount. Such Bid Bond shall guarantee that the Bidder will execute the Contract if it is awarded to him in conformity with his Proposal. Such Proposal Guarantee Bond shall include a statement that the Insurer shall be willing to provide to the Bidder the Contract Bonds as described in 8a above. 9. AWARD OF CONTRACT a. It is the intent of the Owner to enter into a Contract with one General Contractor for the entire project. All labor, services, materials, supplies, etc. shall be provided in accordance with the Contract. b. Award of the Contract shall be made to the bidder submitting the lowest responsive and responsible bid who, in the opinion of the Owner, is qualified to perform the work. The competence and responsibility of the Bidders' proposed principal subcontractors will be considered in making the Award. c. The Owner reserves the right to reject any or all Proposals, and to waive any informalities in Bidding. Contract award shall be subject to approval of Cornell University’s Contractors Qualification Statement. d. All Proposals shall be irrevocable until contract award, unless the bid is withdrawn. e. The Owner reserves the right to accept any of the Alternate Proposals listed within sixty (60) calendar days following the award of a construction contract or such other time as may be agreed to by the Owner and Contractor 10. EXAMINATION OF SITE AND CONTRACT DOCUMENTS a. Each Bidder shall visit the Site of the proposed work, fully acquaint and familiarize himself with the conditions as they exist and the character of the operations to be carried on under the proposed Contract, and make such investigation as he may see fit so that he shall fully understand the facilities, physical conditions and restrictions attending the work under the Contract. b. Each Bidder shall also thoroughly examine and become familiar with the Drawings, Specifications and associated Bid Documents. c. By submitting a Proposal, the Bidder covenants and affirms that he has carefully examined the Drawings, Specifications, associated Bid Documents, the Addenda and Bulletins, if any, and the Site, that he relies on no representation by the Owner, and that from his own investigation he has satisfied himself as to the nature and location of the work, the general and local conditions, and all matters which may in any way affect the work or its performance, and that as a result of such examination and investigation, he fully understands the conditions of bidding and that he will not make any claim for, and waives any right to damage because of misinterpretation or misunderstanding of the Bid Documents and the conditions of bidding. 11. DISCREPANCIES a. Should a Bidder find discrepancies in or omissions from the Drawings, Specifications and associated Bid Documents, or should he be in doubt as to their meaning, he shall at once notify the Architect, who will send written instructions to all bidders. Neither the Owner nor the Architect will be responsible for oral instructions. Every request for such interpretation should be in writing, addressed to the Architect. Inquiries received by the deadline established at the pre-bid conference will be given consideration. INSTRUCTIONS TO BIDDERS INS-4 12. PRE-BID CONFERENCE a. A pre-bid conference has been scheduled for 9:00AM, January 14, 2019, in Room 101 of the Humphreys Service Building. The purpose of the conference will be to clarify the intent of the Contract Documents if necessary. Results will be published in an Addendum. 13. TRADE SUBCONTRACTORS, MATERIAL SUPPLIERS a. Each portion of the work shall be performed by an organization equipped and experienced to do work in that particular field, and no portion of the work shall be reserved by the Bidder to himself unless he is so equipped and experienced. Subcontracts shall be awarded only to parties satisfactory to the Owner and the Architect. Each subcontractor and materials supplier shall be approved individually. b. In the spaces provided in the Bid Form, the Bidder shall list all portions of the work he proposes to perform directly with his own forces. c. A list of names from which the Bidder proposes to select subcontractors, materials suppliers, and/or manufacturers for the principal trades or subdivisions of the work is required as part of the Proposal. d. In the Bid Form, there has been listed the principal trades or subdivisions of the work for which such a listing is required, together with the provisions which govern the listing, selection and approval of principal subcontractors. 14. ALTERNATE PROPOSALS a. Certain Alternate Proposals may be requested. They will be listed in the Bid Form and all Bidders are required to bid on all Alternates without exception, in the spaces provided. b. Alternate Proposals shall include all overhead, profit and other expenses in connection therewith. 15. UNIT PRICES a. Certain Unit Prices may be requested. They will be listed in the Bid Form and all Bidders are required to bid on all Unit Prices without exception, in the spaces provided. b. Unit Prices shall include all overhead, profit and other expenses in connection therewith. 16. SCHEDULE OF VALUES a. An abbreviated "Schedule of Values" for certain trades and/or subdivisions of the work is required as part of the Bidder's Proposal in the Bid Form. b. The successful Bidder shall submit a complete "Schedule of Values" showing the amounts allocated to the various trades, suppliers, subcontractors, installers and General Contractor's work, aggregating the total sum of the Contract. The complete "Schedule of Values" shall be submitted prior to award of Contract. INSTRUCTIONS TO BIDDERS INS-5 17. ADDENDA AND BULLETINS a. Addenda and/or bulletins issued during the bidding period shall be acknowledged in the space provided in the Bid Form. 18. SUBSTITUTIONS a. Proposals shall conform to the requirements of the Bid Documents. b. The Bidder may offer substitutions for any item of material or equipment, element of work, or method of construction set forth in the Bid Documents, with the exception of Form of Contract, General Conditions and General Requirements - Division 1, by listing the proposed substitutions and the amounts to be deducted from the Base Bid corresponding to each such proposed substitution in the spaces provided in the Bid Form. However, the Bidder is cautioned to make his base proposal on the materials and items specified by name or other particular reference. 19. SUB-SURFACE CONDITIONS a. Boring information, water levels, indications of sub-surface conditions and similar information given on the Drawings or in the Specifications are furnished only for the convenience of the Bidders. The Owner, Architect and Consulting Engineer make no representation regarding the character and extent of the soil data or other sub-surface conditions to be encountered during the work and no guarantee as to the accuracy or validity of interpretation of such data or conditions is made or intended. b. Each Bidder shall, by careful examination, inform himself as to the nature and location of the work, the conformation of the ground, subsoil and ground water conditions, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all other matters which can in any way affect the work under this Contract. The Bidder may, at his option, conduct tests at his expense, including borings, by prior notification to the Owner. Each Bidder shall make his own deductions of sub- surface conditions which may affect methods or cost of construction of the work hereunder and he agrees that, if awarded the construction contract, he will make no claim for damages or other compensation, except such as are provided for in the Contract Documents, should he encounter conditions during the progress of the work different from those as calculated and/or anticipated by him. 20. SALES AND USE TAX EXEMPTION a. The Owner, Cornell University, a non-profit educational institution, is exempt from payment of certain Sales and Use Taxes. 21. FEDERAL EXCISE TAX a. The Owner, Cornell University, a non-profit educational institution, is exempt from payment of certain Federal Excise Taxes. 22. TAX EXEMPT STATUS a. Bidders shall inform all prospective subcontractors and suppliers from whom they expect to obtain proposals or quotations of the tax-exempt status of the Owner as set forth above and request that they reflect anticipated tax credits in their proposals or quotations. INSTRUCTIONS TO BIDDERS INS-6 23. EXEMPTION CERTIFICATES a. At the Contractor's request, following the award of a Contract, Contractor exempt purchase certificates will be furnished by the Owner to the Contractor with respect to such tax exempt articles or transactions as may be applicable under the Contract. 24. REQUIRED SUBMISSIONS a. Provide with Bid Proposal: (1) Acknowledgement of Addenda and/or Bulletins issued prior to bid opening (2) Certificate as to Corporate Bidder (3) List of Proposed Subcontractors (4) Abbreviated Schedule of Values (5) Unit Prices (6) Completion of Milestone Schedule, if applicable (7) Bid Security b. Within fourteen days after bid opening: (1) MWBE Utilization Plan (2) Contractor’s Affirmative Action Plan (3) Contractor’s Qualification Statement, if requested c. Execution of Contract: (1) Insurance Certificate (2) Performance Bond (3) Labor and Material Payment Bond (4) Schedule of Work (bar chart) (5) Federal Tax Identification Number END OF SECTION BID FORM BF-1 HOY PARKING GARAGE PLANNED MAINTENANCE 2019 Cornell University, Ithaca, New York BID FORM Submitted by: Date To: Facilities Contracts 121 Humphreys Service Building Cornell University Ithaca, New York 14853 Dear Gentlemen: The undersigned, (Name of Bidder) a (Type of Firm, State of Incorporation, if applicable) of (Address) having carefully examined the Instructions to Bidders, the "Conditions of the Contract" (General, Division 1 - "General Requirements"), and the Drawings, Specifications and associated Bid Documents dated December 12th, 2018 prepared by CVM Engineers, 1002 West 9th Avenue, King of Prussia, Pennsylvania 19406 as well as the premises and conditions affecting the work, proposes to furnish all material, equipment, labor, plant, machinery, tools, supplies, services, applicable taxes and specified insurance necessary to perform the entire work, as set forth in, and in accordance with the said documents for the following considerations: 1. BASE BID a. All work complete, for the sum of ($ ) for MATERIALS, SUPPLIES, LABOR, and SERVICES AND ALL OTHER COSTS. BID FORM BF-2 2. ALTERNATE PROPOSAL a. The undersigned, if awarded the Contract, proposes to perform work in addition to or in place of the scope of the work shown and specified herein as associated with the Base Bid in accordance with the following Alternate Proposals, which amounts are to be added or deducted to the amount of the Base Bid as indicated for the Alternates specified in Division 1 of the Specifications. b. If the Bidder desires to indicate that the acceptance of any Alternate or Alternates will result in neither an addition to nor a deduction from the value of the work, he shall enter the phrase "No Change" in response to such Alternate or Alternates. c. It is understood that the Owner reserves the right to accept or reject any or the Owner and Contractor may agree to all of the following Alternate Proposals within sixty (60) calendar days following the award of a construction contract or such other time as. Alternate No. Description ADD DEDUCT NONE $ $ 3. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (M/WBEs) a. The undersigned shall, if awarded the Contract, endeavor to include both Minority and Women Owned Business Enterprises participation and to demonstrate a “good faith effort” with respect to these requirements. Goals shall be as follows: • A goal of 1.8% for Minority-Owned Business Enterprise participation shall be applied as follows: a maximum of one-third (1/3) of the goal may be applied to purchases of materials, supplies, and equipment from MBEs. • A goal of 0.9% for Women-Owned Business Enterprise participation shall be applied as follows: a maximum of one-third (1/3) of the goal may be applied to purchases of materials, supplies, and equipment from WBEs. BID FORM BF-3 4. START OF WORK AND TIME FOR COMPLETION a. The undersigned agrees, if awarded the Contract, to commence work at the site within thirty (30) calendar days after date of issuance of written notice to proceed and to achieve substantial completion of the project no later than August 16, 2019. b. The construction schedule is critical. The Contractor shall provide adequate labor and equipment in the Bid to ensure that no slippage of the schedule will occur. 5. LIST OF PROPOSED PRINCIPAL SUBCONTRACTORS a. The undersigned agrees, if awarded the Contract, to employ subcontractors from the following list for the Sections or Subdivisions of work stated below subject to the following provisions: (1) The Owner and Engineer reserve the right to review the list of "Proposed Principal Subcontractors" prior to the award of the Contract, and to delete from it the name or names of any to whom they may have a reasonable objection. The Contractor may make the final selection of principal subcontractors at his option from the resulting list after the award of the Contract. b. Bidder shall list the names of at least one subcontractor for each Section or Subdivision of the work listed below and shall limit the listing for each such Section or Subdivision to THREE (3) names. c. If Bidder does not propose to employ a Subcontractor for any Section or Subdivision of the work listed below, he shall enter the name of his firm for each such Section or Subdivision. CONCRETE REPAIRS EXPANSION JOINT INSTALLATION MASONRY REPAIRS BID FORM BF-4 6. PRINCIPAL SUBDIVISIONS OR ELEMENTS OF THE WORK TO BE PERFORMED BY GENERAL CONTRACTOR'S FORCES a. If awarded a Contract, we will perform the following portions of the Work with forces directly employed by the undersigned: b. If awarded a Contract, the Contractor’s main Project Manager will be: (include resume with bid) The Owner reserves the right to reject the names of any to whom they have a reasonable objection. c. If awarded a Contract, the Contractor’s main Superintendent will be: (include resume with bid) The Owner reserves the right to reject the names of any to whom they have a reasonable objection. 7. TIME PROGRESS SCHEDULE a. The undersigned agrees, if awarded the Contract, to furnish a "Construction Progress Schedule" showing the starting and completion dates for all principal trades and subdivisions of the Work, together with such additional information related thereto as may reasonably be required. Such schedule shall be in conformance with General Requirements, Section 01 32 15, 1.3, A. 8. BONDS a. Performance and Payment Bonds. The undersigned agrees, if awarded the Contract to execute and deliver to the Owner "Performance" and "Labor and Material Payment Bonds" in such form as acceptable to the Owner and in an amount equal to 100% of the Contract Sum. Such bonds will be furnished by (Name of Surety) b. Bonding Rate for Change Orders. % c. Bid Bond. A Bid Bond in the amount of $______________________ (10% of Bid Amount) is attached to this Bid. BID FORM BF-5 9. SCHEDULE OF VALUES a. The undersigned agrees, prior to the award of a construction contract and upon the request of the Engineer or Owner, to submit a complete, itemized and detailed "Schedule of Values" including Alternates elected, if any, showing the amount allocated to the various trades and subdivisions of the work, aggregating the total Contract Sum. b. To facilitate the evaluation of Bids, the undersigned has included in each part of his Bid the following values for the trades and/or subdivisions of the work as listed below. Values for work included under Alternate Proposals and to General Contractor's costs for General Conditions shall be excluded. Spec Section Trades and/or Subdivision Value Included in Base Bid Division 1 General Requirements Sheet S2 Precast Connection Repairs Sheet S4 Concourse Expansion Joint Replacement Detail 6/S2 Column Repair Detail 6/S3 Façade Masonry Repair Detail 9/S4 Expansion Joint Cover Repair Detail 3/S3 Full-Depth & Expansion Joint Repair Total Bid $ BID FORM BF-6 10. SUBSTITUTIONS a. The Base Bid is predicated on compliance with the Drawings and Specifications without substitutions. b. The Bidder may offer substitutions for any item noted in the Specifications, with the exception of Form of Contract, General Conditions and General Requirements - Division 1, by listing in the space below the proposed substitution, together with the amount to be deducted from the Base Bid if the substitution is accepted. c. The Owner reserves the right to accept or reject any proposed substitution. d. The sum stated includes any modifications of work or additional work that may be required by reason of acceptance of substitution. Substitute materials must be approved and accepted by the Owner in writing before same may be used in lieu of those named in the Specifications. Item and Specification Description of Reference Deduction from Base Bid Substitution Section & Page No. Labor Material BID FORM BF-7 11. ACCEPTANCE a. The undersigned agrees that this Proposal shall be irrevocable until contract award, unless the bid is withdrawn. It is understood and agreed that the Owner reserves the right to reject any or all proposals, to waive any informalities in bidding process. b. If written notice of acceptance of this Proposal is mailed, telegraphed or delivered to the undersigned within sixty (60) calendar days after the date of opening of Bids, or any time thereafter before this Proposal is withdrawn, the undersigned will within ten (10) calendar days after the date of such mailing, telegraphing or delivery of such notice, execute an Agreement between Contractor and Owner, amended and/or supplemented, if required, in accordance with the Proposal as accepted. c. The undersigned further agrees to furnish Performance and Payment Bonds pursuant to Section 7 herein upon execution of Agreement in e-Builder. d. It is understood and agreed that the Owner reserves the right to accept any of the Alternate Proposals listed within sixty (60) calendar days following the award of a construction contract or such other time as may be agreed to by the Owner and Contractor. e. It is understood and agreed that award of the Contract shall be made to the bidder submitting the lowest responsive and responsible bid who, in the opinion of the Owner, is qualified to perform the work. BID FORM BF-8 12. UNIT PRICE SCHEDULE a. The undersigned agrees, if awarded the Contract, to perform work "In addition to" or "deducted from" the scope of the Contract Documents as directed by the Owner and/or Engineer, computed in accordance with the unit prices hereinafter listed, which prices include all overhead, profit and other expense items in connection therewith, subject to the terms of the Contract Documents. b. All unit prices include the installation or omission, complete for each item, together with all work in connection therewith and shall include all shoring, bracing, dewatering and other incidental work. c. Unit prices shall be the total compensation for the item and includes all overhead, profit and any other charges of the Contractor and/or subcontractor in connection therewith. d. Adjustments will be computed on net variation of total quantities of like items. e. The Owner reserves the right to accept or reject any or all of the unit prices listed below prior to the execution of the Contract. UNIT PRICE UNIT ADD DEDUCT UP-1 Precast concrete connection repair (Type 1) according to Detail 5/S2 Each $ $ UP-2 Concrete vertical repair according to Detail E/S5 Per square foot $ $ UP-3 Concrete vertical repair with new reinforcement according to Detail F/S5 Per square foot $ $ UP-4 Concrete partial depth repair according to Detail G/S5 Per square foot $ $ BID FORM BF-9 13. ADDENDUM RECEIPT a. Receipt of the following addenda to the Terms and Conditions, Drawings or Specifications is acknowledged: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: (Bidder) By: Title: Business Address: Dated: BID FORM BF-10 CERTIFICATE OF NON-COLLUSION By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: a. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. b. Unless required by law, the prices that have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or with any competitor. c. No attempt has been made or will be made by the bidder to induce any other persons, partnership, or corporation to submit or not submit a bid for the purpose of restricting competition. (Bidder) By: Title: Dated: BID FORM BF-11 CERTIFICATE AS TO CORPORATE BIDDER I, _____________________________________________________, certify that I am the _____________________________ of the Corporation named as Bidder within this Bid Form for General Contractors; that __________________________________, who signed said Bid Form on behalf of the bidder was then _______________________________ of said Corporation; that I know his signature; that his signature thereto is genuine and that said Bid Form and attachments thereto were duly signed, sealed and executed for and in behalf of said Corporation by authority of its governing body. (Secretary-Clerk) (CORPORATE SEAL) Dated: BID FORM BF-12 MILESTONE SCHEDULE CORNELL UNIVERSITY HOY PARKING GARAGE PLANNED MAINTENANCE 2019 OWNER'S EARLIEST START CONTRACTOR'S SCHEDULED START OWNER'S LATEST FINISH CONTRACTOR'S SCHEDULED FINISH Contract Award February 4, 2019 ----- ----- ----- ----- ----- Start Construction March 11, 2019 (Weather Permitting) ----- ----- Construction Complete ----- ----- August 16, 2019 Notes: 1. The Contractor shall complete this schedule and submit with the bid. Rev 03.2018 G E N E R A L C O N D I T I O N S FOR HOY PARKING GARAGE PLANNED MAINTENANCE 2019 CORNELL UNIVERSITY ITHACA, NEW YORK i Rev 03.2018 GENERAL CONDITIONS TABLE OF CONTENTS Page ARTICLE 1 INTERPRETATION OF CONTRACT DOCUMENTS Section 1.01 Owner 1 Section 1.02 Meaning and Intent of Specifications, Plans and Drawings 1 Section 1.03 Order of Precedence 1 ARTICLE 2 CONTRACTOR Section 2.01 Contractor's Obligations 2 Section 2.02 Contractor's Title to Materials 2 Section 2.03 "Or Equal" Clause 3 Section 2.04 Quality, Quantity and Labeling 3 Section 2.05 Superintendence by Contractor 3 Section 2.06 Subsurface or Site Conditions 4 Section 2.07 Representations of Contractor 4 Section 2.08 Verifying Dimensions and Site Conditions 4 Section 2.09 Copies of Contract Documents for Contractors 5 Section 2.10 Meetings 5 Section 2.11 Related Work 5 Section 2.12 Surveys and Layout 5 Section 2.13 Errors, Omissions or Discrepancies 5 Section 2.14 Project Labor Rates 6 Section 2.15 Daily Reports 6 ARTICLE 3 INSPECTION AND ACCEPTANCE Section 3.01 Access to the Work 6 Section 3.02 Notice for Testing 6 Section 3.03 Inspection of Work 7 Section 3.04 Inspection and Testing 7 Section 3.05 Defective or Damaged Work 7 Section 3.06 Acceptance 7 ARTICLE 4 CHANGES IN WORK Section 4.01 Changes 8 Section 4.02 Claims for Extra Work 11 Section 4.03 Form of Change Orders 12 ARTICLE 5 TIME OF COMPLETION Section 5.01 Time of Completion 12 ii Rev 03.2018 TABLE OF CONTENTS Page ARTICLE 6 TERMINATION Section 6.01 Termination for Cause 13 Section 6.02 Termination for Convenience of Owner 13 Section 6.03 Owner's Right to do Work 13 ARTICLE 7 DISPUTES Section 7.01 Disputes Procedure 14 ARTICLE 8 SUBCONTRACTS Section 8.01 Subcontracting 15 ARTICLE 9 COORDINATION AND COOPERATION Section 9.01 Cooperation with Other Contractors 15 ARTICLE 10 PROTECTION OF RIGHTS, PERSONS AND PROPERTY Section 10.01 Accidents and Accident Prevention 16 Section 10.02 Adjoining Property 17 Section 10.03 Emergencies 17 Section 10.04 Bonds 17 Section 10.05 Risks Assumed by the Contractor 18 Section 10.06 Contractor's Compensation and Liability Insurance 18 Section 10.07 Liability Insurance of the Owner 20 Section 10.08 Owner's and Contractor's Responsibilities for Fire and Extended Coverage Insurance Hazards 20 Section 10.09 Effect of Procurement of Insurance 21 Section 10.10 No Third Party Rights 21 ARTICLE 11 USE OR OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER Section 11.01 Substantial Completion 21 Section 11.02 Occupancy Prior to Acceptance 21 ARTICLE 12 PAYMENT Section 12.01 Provision of Payment 22 Section 12.02 Stored Materials & Equipment 23 Section 12.03 Retention 24 Section 12.04 Withholding Payments 25 Section 12.05 Documents and Conditions Precedent to Final Payment 25 Section 12.06 Final Payment and Release 26 iii Rev 03.2018 TABLE OF CONTENTS Page ARTICLE 13 TAX EXEMPTION Section 13.01 Tax Exemption 26 ARTICLE 14 GUARANTEE Section 14.01 Guarantee 27 ARTICLE 15 STANDARD PROVISIONS Section 15.01 Provisions Required by Law Deemed Inserted 27 Section 15.02 Laws Governing the Contract 27 Section 15.03 Assignments 27 Section 15.04 No Third Party Rights 28 Section 15.05 Waiver of Rights of Owner 28 Section 15.06 Limitation on Actions 28 Section 15.07 Owner's Representative 28 ARTICLE 16 MINORITY AND WOMEN BUSINESS ENTERPRISES Section 16.01 Definitions 28 Section 16.02 Participation by Minority and Women Business Enterprises 28 Section 16.03 MWBE Utilization Plan 29 Section 16.04 Reports and Records 29 ARTICLE 17 ACCOUNTING, INSPECTION AND AUDIT 30 ARTICLE 18 CONTRACTOR PERFORMANCE EVALUATION 30 ARTICLE 19 ROYALTIES AND PATENTS 30 ARTICLE 20 CONFIDENTIALITY AND USE OF OWNER'S NAME Section 20.01 Release of Information 31 Section 20.02 Confidential Information 31 Section 20.03 Use of Owner's Name 31 ARTICLE 21 CORNELL UNIVERSITY STANDARDS OF ETHICAL CONDUCT 32 iv Rev 03.2018 EXHIBITS A Change Order Documentation Instructions Construction Contract Change Order Request Construction Contract Change Order Summary B Final Release C Guarantee D Form I MWBE Utilization Plan Form II Contractor’s Affirmative Action Plan Form III Affirmative Action Workforce Report E Labor Rate Breakdown F Stored Materials Invoicing Documentation G Contractor Performance Evaluation 1 Rev 03.2018 ARTICLE 1 -- INTERPRETATION OF CONTRACT DOCUMENTS Section 1.01 - Owner A. The Owner is Cornell University as identified in the Agreement and referred to throughout the Contract Documents as the "Owner" or "Cornell University". B. Ownership of Documents: All drawings, specifications, computations, sketches, test data, survey results, photographs, renderings and other material relating to the Work, whether furnished to or prepared by the Contractor, are the property of Cornell University. The Contractor shall use such materials or information therefrom only in connection with the Work of this Contract. When requested, the Contractor shall deliver such materials to Cornell University. C. The Owner shall give all orders and directions contemplated under the Contract relative to the execution of the Work. The Owner shall determine the amount, quality, acceptability, and fitness of the Work and shall decide all questions which may arise in relation to said Work. The Owner's estimates and decisions shall be final except as otherwise expressly provided. D. Any differences or conflicts concerning performance which may arise between the Contractor and other Contractors performing Work for the Owner shall be adjusted and determined by the Owner. E. The table of contents, titles, captions, headings, running headlines, and marginal notes contained herein and in said documents is intended to facilitate reference to various provisions of the Contract Documents and in no way affect the interpretation of the provisions to which they refer. Section 1.02 - Meaning and Intent of Specifications, Plans and Drawings The meaning and intent of all specifications, plans and drawings shall be determined in a manner approved by the Owner. Section 1.03 - Order of Precedence A. Should a conflict occur in or between or among any parts of the Contract Documents that are entitled to equal preference, the more expensive way of doing the Work, the better quality or greater quantity of material shall govern, unless the Owner otherwise so directs in writing. B. Drawings and specifications are reciprocal. Anything shown on the plans and not mentioned in the specifications, or mentioned in the specifications and not shown on the plans, shall have the same effect as if shown or mentioned in both. C. Requirements of reference standards form a part of these specifications to the extent indicated by the reference thereto. When provisions of reference standards conflict with provisions in these specifications, the specifications shall govern. 2 Rev 03.2018 ARTICLE 2 -- CONTRACTOR Section 2.01 - Contractor's Obligations A. The Contractor shall, in good workmanlike manner, perform all the Work required by the Contract within the time specified in the Contract. The Contractor shall comply with all terms of the Contract, and shall do, carry on, and complete the entire Work to the satisfaction of the Owner. 1. All labor for this project which is normally under the jurisdiction of one of the local unions as covered in the contract between the Tompkins-Cortland Building Trades Council, Maintenance Division and Cornell University shall be performed by Union labor. B. The Contractor shall furnish, erect, maintain, and remove such construction plant and such temporary Work as may be required. C. The Contractor shall provide and pay for all labor, material, tools, equipment, machinery, as well as utility connections, transportation, and all other facilities and services necessary for the proper execution and completion of the Work, except as otherwise specified elsewhere in the Contract Documents. D. Whenever a provision of the Specifications conflicts with agreements or regulations in force among members of trade associations, unions, or councils which regulate or distinguish what work shall or shall not be included in the work of a particular trade, the Contractor shall make all necessary arrangements to reconcile such conflict without delay, damage, or cost to the Owner and without recourse to the Architect or the Owner. In case progress of the Work is affected by undue delay in furnishing or installing items of material or equipment required under the Contract because of a conflict involving such agreement or regulations, the Owner or the Architect may require that other material or equipment of equal kind and quality be provided at no additional cost to the Owner. Section 2.02 - Contractor's Title to Materials A. The Contractor warrants that the Contractor has full, good and clear title to all materials and supplies used by the Contractor in the Work, free from all liens, claims or encumbrances. B. All materials, equipment and articles which become the property of the Owner shall be new unless specifically stated otherwise. Section 2.03 - "Or Equal" Clause A. Whenever a material, article or piece of equipment or method is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade name, catalogue number, or make, no others may be substituted. Any and all other "Or Equal" considerations will be handled under this Section in accordance with General Requirements, Section 01 25 00. 3 Rev 03.2018 B. Where the Architect approves a product proposed by the Contractor and said proposed product requires a revision or redesign of any part of the Work covered by this Contract, or the Work covered by other contracts, all said revision or redesign, and all new drawings and details required therefor shall be provided by the Contractor and shall be approved by the Architect. All time spent by the Architect or its agents to evaluate the proposed substitution and or necessary engineering cost to accommodate the requested change shall be reimbursed to the Owner by the Contractor via the Change Order procedure. Section 2.04 - Quality, Quantity and Labeling A. The Contractor shall furnish materials and equipment of the quality and quantity specified in the Contract. Unless otherwise provided, all materials and articles incorporated into the work shall be new and of the most suitable grade of their respective kinds for the purpose. When required by the Contract Documents or when directed by the Owner, the Contractor shall supply the Owner's Representative, for their acceptance, full information concerning any material which the Contractor contemplates incorporating into the work. Materials and articles installed or used without such acceptance shall be at the risk of subsequent rejection. B. When materials are specified to conform to any standard, the Owner may require that the materials delivered to the Site shall bear manufacturer's labels stating that the materials meet said standards. C. The above requirements shall not restrict or affect the Owner's right to test materials as provided in the Contract. D. Whenever several alternative materials or items are specified by name or other particular reference for one use, the Owner's Representative may require the Contractor to submit in writing a list of the particular materials or items the Contractor intends to use before the Contract is executed. Section 2.05 - Superintendence by Contractor A. The Contractor shall employ a full-time effective, responsive and competent construction superintendent and necessary staff; the construction superintendent shall devote full time to the Work and shall have full authority to act for the Contractor at all times. The Contractor shall provide the Owner with the names and authority of such personnel in writing. B. If at any time the superintendent is not satisfactory to the Owner, the Contractor shall, if requested by the Owner, replace said superintendent with another superintendent satisfactory to the Owner. There shall be no change in superintendent without the Owner's approval. C. The Contractor shall remove from the Work any employee of the Contractor or of any Subcontractor when so directed by the Owner. 4 Rev 03.2018 Section 2.06 - Subsurface or Site Conditions A. The Contractor acknowledges that it has assumed the risk and that the contract consideration includes such provision as the Contractor deems proper for all subsurface conditions as the Contractor could reasonably anticipate encountering from the provisions of the Contract Documents, borings, rock cores, topographical maps and such other information as the Owner made available to the Contractor or from their own inspection and examination of the site prior to the Owner's receipt of bids. B. In the event that the Contractor encounters subsurface physical conditions at the site differing substantially from those shown on or described or indicated in the Contract Documents and which could not have been reasonably anticipated from the aforesaid information made available by the Owner or from the Contractor's aforesaid inspection and examination of the site, the Contractor shall give immediate notice to the Owner of such conditions before they are disturbed. Such notice shall include probable cost and/or any impact to the schedule. The Owner will thereupon promptly investigate the conditions and if Owner finds that they do substantially differ from that which should have been reasonably anticipated by the Contractor, the Owner shall make such changes in the drawings and specifications as may be necessary and a change order shall be issued. Section 2.07 - Representations of Contractor The Contractor represents and warrants: A. That the Contractor is financially solvent and is experienced in and competent to perform the Work; B. That the Contractor is familiar with all Federal, State, or other laws, ordinances, orders, building codes, rules and regulations, which may in any way affect the Work; C. That any temporary and permanent Work required by the Contract can be safely and satisfactorily constructed. D. That the Contractor has carefully examined the Contract and the Site of the Work and that, from the Contractor's own investigations is satisfied as to the nature and location of the Work, the character, quality and quantity of surface and subsurface materials likely to be encountered, the character of equipment and other facilities needed for the performance of the Work, the general and local conditions, and all other materials or items which may affect the Work. The Contractor has correlated those observations with the requirements of the Contract Documents and has made all other investigations essential to a full understanding of the Work and the difficulties which may be encountered in performing the Work. Section 2.08 - Verifying Dimensions and Site Conditions A. The Contractor shall take all measurements at the Site and shall verify all dimensions and site conditions at the Site before proceeding with the Work. If said dimensions or conditions are found to be in conflict with the Contract, the Contractor immediately shall refer said conflict to the Owner. 5 Rev 03.2018 B. During the progress of Work, the Contractor shall verify all field measurements prior to fabrication of building components and equipment, and proceed with the fabrication to meet field conditions. C. The Contractor shall consult all Contract Documents to determine exact location of all Work and verify spatial relationships of all Work. Any question concerning said location or spatial relationships shall be submitted in a manner approved by the Owner. D. Specific locations for equipment, pipelines, ductwork and other such items of Work, where not dimensioned on plans, shall be determined in consultation with the Owner and other affected Contractors and Subcontractors. E. The Contractor shall be responsible for the proper fitting of the Work in place. F. Should failure of the Contractor to perform services under this section result in additional costs to the Owner, the Contractor shall be responsible for such additional costs. Section 2.09 - Copies of Contract Documents for Contractors A. The Owner shall furnish to the Contractor, without charge, up to ten (10) sets of Contracts Documents and one (1) set of reproducible sepias. B. Any sets in excess of the number mentioned above may be furnished to the Contractor at the cost of reproduction and mailing. C. All drawings, specifications, and copies thereof furnished by the Owner are the property of the Owner. They are not to be used on other work, and with the exception of the signed Contract Set, are to be returned to the Owner on request at the completion of the work. Section 2.10 - Meetings The Contractor and all subcontractors as requested shall attend all meetings as directed by the Owner or the Owner's Representative. Section 2.11 - Related Work The Contractor shall examine the Contract for related work to ascertain the relationship of said work to the Work under the Contract. Section 2.12 - Surveys and Layout Unless otherwise expressly provided in the Contract, the Owner shall furnish the Contractor all surveys of the property necessary for the Work, but the Contractor shall lay out the Work. Section 2.13 - Errors, Omissions or Discrepancies The Contractor shall examine the Contract thoroughly before commencing the Work and report in writing any errors or discrepancies to the Owner or the Owner's Representative. 6 Rev 03.2018 Section 2.14 - Project Labor Rates A. The Contractor shall submit to the Owner, for review and approval, within thirty (30) days after Contract is awarded all trade labor rates inclusive of fringe benefits, taxes, insurance for the duration of the individual craft agreement in accordance with Exhibit G. Revised rates shall be provided within thirty (30) days of signing any new agreements with the individual crafts during this project. Section 2.15 – Daily Reports The Contractor's Construction Superintendent shall submit a Daily Report to the Cornell University Project Manager or the Resident Field Engineer at the job site. Such reports shall, at a minimum, contain the following information: Name of Project Project Number Date of Report Weather Conditions Equipment on the site Contractors on site including name and number of employees on site for each contractor Work/area and activity for each contractor Overtime worked and planned work progress Environmental problems and corrections Other information, such as special events, occurrences, materials delivered, accidents or injuries, recommendations, suggestions, visitors, inspections, equipment start-up and check out, occupancy, etc. ARTICLE 3 -- INSPECTION AND ACCEPTANCE Section 3.01 - Access to the Work The Owner and Architect, or their duly authorized representatives, assistants, or inspectors shall at all times and for any purpose have access to the work and the premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefor. In addition, the Contractor shall, whenever so requested, give the Owner and Architect or their duly authorized representatives access to the proper invoices, bills of lading, specifications, etc., which may be required in determining the adequacy and/or quantity of materials used in completion of the work. Section 3.02 - Notice for Testing If the Contract Documents, laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction require any work to be inspected, tested, accepted, or approved, the Contractor shall give the Owner timely notice of its readiness and of the date arranged so the Owner may observe such inspection, testing, or approval. The Contractor shall bear all costs of such inspection, tests, and approvals unless otherwise provided. 7 Rev 03.2018 Section 3.03 - Inspection of Work A. The Contractor will cooperate in all ways to facilitate the inspection and examination of the work. The inspections and examinations will be carried out in such a manner that the work will not be delayed. B. All Work, all materials whether or not incorporated in the Work, all processes of manufacturer, and all methods of construction shall be, at all times and places, subject to the inspection of the Owner and the Owner shall be the final judge of the quality and suitability of the Work. Any Work not approved by the Owner shall immediately be reconstructed, made good, replaced or corrected by the Contractor including all Work of other Contractors destroyed or damaged by said removal or replacement. C. Required certificates of inspection, testing, acceptance, or approval shall be secured by the Contractor and promptly delivered to the Owner. Section 3.04 - Inspection and Testing All materials and equipment used in the Work shall be subject to inspection and testing in accordance with accepted standards to establish conformance with specifications and suitability for uses intended, unless otherwise specified in the Contract. If any Work shall be covered or concealed without the approval or consent of the Owner, said Work shall, if required by the Owner, be uncovered for examination. If any test results are below specified minimums, the Owner may order additional testing. The cost of said additional testing, any additional professional services required, and any other expenses incurred by the Owner as a result of said additional testing shall be paid by the Contractor. Reexamination of any part of the Work may be ordered by the Owner, and if so ordered the Work must be uncovered by the Contractor. If said Work is found to be in accordance with the Contract, the Owner shall pay the cost of reexamination and replacement. If said Work is found not to be in accordance with the Contract, the Contractor shall pay the cost of reexamination and replacement. Section 3.05 - Defective or Damaged Work If, in the opinion of the Owner, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the Work injured or not performed in accordance with the Contract, the compensation to be paid to the Contractor shall be reduced by an amount which, in the judgment of the Owner, shall be deemed to be equitable. Section 3.06 - Acceptance No previous inspection shall relieve the Contractor of the obligation to perform the Work in accordance with the Contract. No payment, either partial or full, by the Owner to the Contractor shall excuse any failure by the Contractor to comply fully with the Contract Documents. The Contractor shall remedy all defects, paying the cost of any damage to other Work resulting therefrom. 8 Rev 03.2018 ARTICLE 4 -- CHANGES IN WORK Section 4.01 - Changes A. The Owner, without invalidating the Contract, may order changes within the general scope of the Contract and the Contractor shall promptly comply with such change orders. B. A change order is a written direction to the Contractor signed by the Owner, issued after execution of the Contract, authorizing a change in the Work, extra work, or an adjustment in the Contract price or time of performance. C. No claims for changes, extra work or additional time to complete the Contract or an adjustment in the Contract price shall be allowed unless such change is ordered in writing by the Owner. D. The Owner shall determine the amount by which the Contract consideration is to be increased or decreased by a change order by one (1) or more of the following methods: 1. By agreement with the Contractor. 2. By applying the applicable price or prices previously bid and approved. (i) To the extent that Unit Prices are applicable, as determined by the Owner, work shall be priced and paid for or credited in accordance with such Unit Prices; except that a Unit Price shall not apply to any portion of work which is either reduced or increased by more than 25%. Said Unit Prices shall be valid for the duration of the project as applicable, unless stipulated elsewhere in the Contract Documents. (ii) For Unit Price items, additions and deletion of like items shall be algebraically summed and then multiplied by the applicable Unit Prices. For Direct Labor and Material items, all additions and deletions shall be algebraically summed for each subcontractor and then multiplied by the applicable markup. (iii) Unit Prices are for work complete, measured in place and cover profit and all other costs and expenses. Unit Prices include, without limit, all conditions of the contract and all general requirements such as layout, reproduction of Drawings and Specifications, testing and inspection, shop drawing and sample coordination, supervision (field and home office), small tools and expendable items, insurance, taxes, temporary facilities and services, including access and safety, "as- built" drawings, and general and administrative overhead and profit. 9 Rev 03.2018 3. By estimating the fair and reasonable cost of: (i) Labor, including all wages, required wage supplements and insurance required by law paid to employees below the rank of superintendent directly employed at the Site. (ii) Materials (iii) Equipment, excluding hand tools, which in the judgment of the Owner, would have been or will be employed exclusively and directly on the Work. When submitting change orders, equipment which is common to the project scope at hand is expected to be previously paid for as overhead / general conditions to the project. Special rental equipment or tools not common to the project that are required to perform the change order will be accepted as additional costs. 4. By determining the actual cost of the extra work in the same manner as in Subsection 3 except the actual costs of the Contractor shall be used in lieu of estimated costs. E. Mark-up Percentages 1. Work performed by the Contractor: Where the Work is performed directly by the Contractor by adding to the total of such estimated costs a sum equal to fifteen percent (15%) thereof. 2. Work performed by a Subcontractor: Where the change order work is performed by a Subcontractor under contract with the Contractor, by adding a sum equal to fifteen (15%) of said costs for the benefit of said Subcontractor, and by adding for the benefit of the Contractor an additional sum equal to ten percent (10%) of said costs. 3. Work performed by a Sub-Subcontractor: Where work is performed by a Sub-Subcontractor, by adding the sum equal to fifteen percent (15%) of said costs for the benefit of said Sub-Subcontractor, by adding for the benefit of the Subcontractor an additional sum equal to five percent (5%) of said cost and by adding for the benefit of the Contractor an additional sum equal to five percent (5%) of said cost. The maximum aggregate of all mark-up percentages may not exceed twenty five percent (25%). 4. No Markup on Bonds and Insurance Costs: Change Order cost adjustments due to increases or decreases in bond or insurance costs (if applicable) shall not be subject to any Markup Percentage. 5. Overtime Pay: No mark-up shall be paid on the premium portion of overtime pay. 10 Rev 03.2018 6. Direct and Indirect Costs Covered by Markup Percentages: As a further clarification, the agreed upon Markup Percentage is intended to cover the Contractor's profit and all indirect costs and expenses associated with the change order work. Items intended to be covered by the Markup Percentage include, without limit: home office expenses, branch office and field office overhead expense of any kind; project management; superintendents, general foremen; estimating, engineering; coordinating; expediting; purchasing; detailing; legal, accounting, data processing or other administrative expenses; reproduction of drawings and specifications; shop drawings and sample coordination; “as-built” drawings; permits; auto insurance and umbrella insurance; pick-up truck costs; parking permits; cellular phones; testing and inspection; temporary facilities; access and safety provisions; and warranty expense costs. The cost for the use of small tools and/or tools already in use on site are also to be considered covered by the Markup Percentage. Small tools shall be defined as tools and equipment (power or non-power) with an individual purchase cost of less than $750 7. Deduct Change Orders and Net Deduct Changes: The application of the markup percentage will apply to both additive and deductive change orders. In the case of a deductive change order, the credit will be computed by applying the percentage so that a deductive change order would be computed in the same manner as an additive change order. In those instances where a change involves both additive and deductive work, the additions and deductions will be netted and the markup percentage adjustments will be applied to the net amount F. Regardless of the method used by the Owner in determining the value of a change order, the Contractor, within thirty (30) calendar days after a request for the estimate of value shall submit to the Owner a detailed breakdown of the Contractor's estimate, including all subcontractors details, of the value of the Change Order Work, in the format detailed in Exhibit A. Each submission shall include an electronic .pdf format of all documentation. G. Unless otherwise specifically provided for in a change order, the compensation specified therein includes a full payment for both the Work covered by the order and for any damage or expense incurred by the Contractor by any delays, including any delays to other Work to be done under the Contract resulting from said change order. The Contractor waives all rights to any other compensation for said damage or expense. H. The Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner shall give the Owner access to accounts and records relating thereto. 11 Rev 03.2018 Section 4.02 – Claims for Extra Work If the Contractor claims (i) that any work it has been ordered to do is extra work or (ii) that it has performed or is going to perform extra work or (iii) that any action or omission of the Owner or the Architect is contrary to the terms and provisions of the Contract, the Contractor shall: A. Promptly comply with such order; B. Notwithstanding the provisions of this Agreement, Article 4 of these General Condition and any other provisions of the Contract documents to the contrary, file with the Owner, within fourteen (14) calendar days after being ordered to perform the work claimed by it to be extra work or within fourteen (14) calendar days after commencing performance of the extra work, whichever date shall be the earlier, or within fourteen (14) calendar days after the said action or omission on the part of the Owner or the Architect occurred, a written notice of the basis of its claim and request a determination thereof; C. Notwithstanding the provisions of this Agreement and any other provisions of the Contract documents to the contrary, file with the Owner, within thirty (30) calendar days after said alleged extra work was required to be performed or said alleged extra work was commenced, whichever date shall be the earlier, or said alleged action or omission by the Owner or the Architect occurred, a verified detailed statement, with documentary evidence, of the items and basis of its claim; D. Produce for the Owner’s examination, upon notice from the Owner, all its books of account, bills, invoices, payrolls, subcontracts, time books, progress records, daily reports, bank deposit books, bank statements, checkbooks and cancelled checks, showing all of its actions and transactions in connection with or relating to or arising by reason of its claim, and submit persons in its employment and in its subcontractors' employment for examination under oath by any person designated by the Owner to investigate any claims made against the Owner under the Contract, such examination to be made at the offices of the Contractor; and E. Proceed diligently, pending and subsequent to the determination of the Owner with respect to any such disputed matter, with the performance of the Contract and in accordance with all instructions of the Owner and the Architect. F. The Contractor's failure to comply with any or all parts of Section 4.02 shall be deemed to be: (i) a conclusive and binding determination on its part that said order, work, action or omission does not involve extra work and is not contrary to the terms and provisions of the Contract; and (ii) a waiver by the Contractor of all claims for additional compensation or damages as a result of said order, work, action or omission. The provisions of Section 4.02 is to promptly afford the Owner opportunity to cancel or revise any order, change its plans, mitigate or remedy the effects or circumstances giving rise to a claim or take such other action as may seem desirable and to verify any claimed expenses or circumstances as they occur. Compliance with such provisions is essential whether or not the Owner is aware of the circumstances of any order or other circumstances which might constitute a basis for a claim and whether or not the Owner has indicated it will consider a claim in connection therewith. G. No person has power to waive or modify any of the foregoing provisions and, in any action against the Owner to recover any sum in excess of the sum certified by the Owner to be due under or by reason of the Contract, the Contractor must allege in its complaint and prove compliance with the provisions of this Section. 12 Rev 03.2018 Section 4.03 - Form of Change Orders All change orders shall be processed, executed and approved via the Owner's E-Builder Change Order Process. No payment for change order Work shall be due the Contractor unless a change order has been issued and approved as noted above. ARTICLE 5 -- TIME OF COMPLETION Section 5.01 - Time of Completion A. The Work shall be commenced at the time stated in the written order of the Owner and shall be completed no later than the date of completion specified in the Contract. All required overtime to maintain progress schedule is included in the Base Bid. B. The date of beginning and the time for completion of the Work, as specified in the Contract, are essential conditions of the Contract. C. The Work shall be prosecuted diligently at such rate of progress as shall insure full completion within the time specified. It is expressly understood and agreed, that the time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic range and usual business and labor conditions prevailing in the locality of the Site. D. Time is of the essence on each and every portion of the Work. In any instance in which additional time is allowed for the completion of any Work, the new time of completion established by said extension shall be of the essence. If in the Architect’s or Owner's judgment, it becomes necessary at any time during construction to accelerate and/or complete certain areas of the project, the Contractor shall concentrate efforts and manpower on designated areas. E. Where Work occurs within occupied areas, perform same only on approved schedule, so as not to interfere with normal operation of occupied areas. F. The Contractor shall not be charged with damages or any excess cost if the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner. The Contractor shall not be charged with damages or any excess cost for delay in completion of the work if the Owner determines that the delay is due to: 1. any preference, priority or allocation order duly issued by the Government of the United States or the State of New York; 2. unforeseeable cause beyond the control and without the fault or negligence of the Contractor, and approved by the Owner, including, but not limited to, acts of God or of public enemy, acts of the Owner, fires, epidemics, quarantine, restrictions, strikes, freight embargoes and unusually severe weather. 13 Rev 03.2018 G. The time for completion can only be extended by change order and may be extended for: 1. all of the Work, or 2. only that portion of the Work altered by the change order. H. Any claim for extension of time shall be made in writing to the Owner not more than ten (10) days after the commencement of the delay; otherwise it shall be waived. ARTICLE 6 -- TERMINATION Section 6.01 - Termination for Cause In the event that any provision of this Contract is violated by the Contractor or by any Subcontractor of the Contractor, the Owner may serve written notice upon the Contractor, and upon the Contractor's surety, if any, of the Owner's intention to terminate the Contract. The notice shall briefly state the reasons for the termination and shall specify a termination date. If arrangements satisfactory to the Owner are not made to remove and remedy the violation, the Contract shall terminate upon the date specified by the Owner in the notice. In the event of termination, the Owner may take over and complete the Work at the expense of the Contractor. The Contractor and Contractor's surety shall be liable to the Owner for all costs thereby incurred by the Owner. In the event of such termination the Owner may take possession of and may utilize such materials, appliances, and plant as may be located on the Site and which may be necessary or useful in completing the Work. Section 6.02 - Termination for Convenience of Owner The Owner, at any time, may terminate the Contract in whole or in part. Any said termination shall be effected by delivering to the Contractor a notice of termination specifying the extent to which performance of Work under the Contract is terminated and the date upon which said termination becomes effective. Upon receipt of the notice of termination, the Contractor shall act promptly to minimize the expenses resulting from said termination. The Owner shall pay the Contractor for costs actually incurred by the Contractor up to the effective date of said termination, but in no event shall the Contractor be entitled to compensation in excess of the total consideration of the Contract. In the event of said termination the Owner may take over the Work and prosecute same to completion. Section 6.03 - Owner's Right to do Work The Owner may, after notice to the Contractor, without terminating the Contract and without prejudice to any other right or remedy the Owner may have, perform or have performed by others all of the Work or any part thereof and may deduct the cost thereof from any monies due or to become due the Contractor. 14 Rev 03.2018 ARTICLE 7 -- DISPUTES Section 7.01 - Disputes Procedure A. If the Contractor claims that any Work which the Contractor has been ordered to perform will be Work which should have been authorized or directed by change order, or that any action or omission of the Owner is contrary to the terms of the Contract, the Contractor shall: 1. File a notice with the Owner which sets forth the basis of the Contractor's claim and requests a resolution of the dispute. Such notice shall be filed within fifteen (15) working days after being ordered to perform the disputed work or within fifteen (15) working days after commencing performance of the disputed work, whichever is earlier, or within fifteen (15) working days after the act or omission of the Owner which the Contractor claims is contrary to the terms of the Contract. 2. Proceed diligently with the performance of the work in accordance with the instructions of the Owner pending the resolution of the dispute by the Owner. 3. Promptly comply with the order of the Owner regarding the disputed matter. 4. Any such decision, or any other decision of the Owner in respect to a dispute, shall be final unless the Contractor, within ten (10) working days after such decision, shall deliver to the Owner a verified written statement which sets forth the Contractor's contention that the decision is contrary to a provision of the contract. Pending the decision of the Owner, the Contractor shall proceed in accordance with the original decision. The Owner shall determine the validity of the Contractor's claim and such determination shall be final. The Contractor may file a notice with the Owner reserving its rights in connection with the dispute but shall comply with the Owner's decision and complete the work as directed. B. No claim for additional costs regarding changed or extra work shall be allowed unless the work was done pursuant to a written order of the Owner. C. The value of claims for extra work, if allowed, shall be determined by the methods described in the Contract. Refer to Article 4 of these General Conditions. D. The Contractor's failure to comply with any or all parts of Article 7 shall be deemed to be: 1. a conclusive and binding determination on the part of the Contractor that the order, work, action or omission is not contrary to the terms and provisions of the Contract; 2. a waiver by the Contractor of all claims for additional compensation, time extension, or damages as a result of said order, work, action or omission. 15 Rev 03.2018 ARTICLE 8 -- SUBCONTRACTS Section 8.01 - Subcontracting A. The Contractor may utilize the services of Subcontractors. B. The Contractor shall submit to the Owner, in writing, the name of each proposed Subcontractor and Sub-Subcontractor, as required by the Contract. The Contractor shall not award any Work to any Subcontractor or Sub-Subcontractor without the prior written approval of the Owner. C. The Contractor shall be fully responsible for the Work, acts and omissions of Subcontractors, and of persons either directly or indirectly employed by Subcontractors. D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the Contractor by the terms of the Contract insofar as applicable to the Work of Subcontractors, indemnification and to give the Contractor the same power to terminate any subcontract that the Owner may exercise over the Contractor. E. The Contractor's use of Subcontractors shall not diminish the Contractor's obligation to complete the Work in accordance with the Contract. The Contractor shall control and coordinate the Work of Subcontractors. F. Nothing contained in the Contract shall create any contractual relationship between Subcontractors and the Owner. ARTICLE 9 -- COORDINATION AND COOPERATION Section 9.01 - Cooperation with Other Contractors A. Normally, the Work will be performed by a single Contractor. However, the Owner reserves the right to perform work related to the Work with its own forces or award separate contracts. In that event, the Contractor shall coordinate its operations with the Owner's forces or separate Contractors. B. The Owner cannot guarantee the responsibility, efficiency, unimpeded operations or performance of any contractor. The Contractor acknowledges these conditions and shall bear the risk of all delays including, but not limited to, delays caused by the presence or operations of other contractors. C. The Contractor shall keep informed of the progress and workmanship of other contractors and shall notify the Owner immediately of lack of progress or defective workmanship on the part of other contractors where said delay or defective workmanship may interfere with the Contractor's operations. D. Failure of a Contractor to keep so informed and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by the Contractor of said progress and workmanship as being satisfactory for proper coordination with the Work. 16 Rev 03.2018 E. If the Contractor notifies the Owner, in writing, that another contractor on the Site is failing to coordinate the work of said contractor with the Work, the Owner shall investigate the charge. If the Owner finds it to be true, the Owner shall promptly issue such directions to the other contractor with respect thereto as the situation may require. The Owner shall not be liable for any damages suffered by the Contractor by reason of the other contractor's failure to promptly comply with the directions so issued by the Owner, or by reason of another contractor's default in performance. F. If the Owner shall determine that the Contractor is failing to coordinate the Work with the work of other contractors as the Owner has directed: 1. the Owner shall have the right to withhold any payments due under the Contract until the Owner's directions are complied with by the Contractor; and 2. the Contractor shall indemnify and hold the Owner harmless from any and all claims or judgments for damages and from any costs or damages to which the Owner may be subjected or which the Owner may suffer or incur by reason of the Contractor's failure promptly to comply with the Owner's directions. G. Should the Contractor sustain any damage through any act or omission of any other contractor having a contract with the Owner or through any act or omission of any Subcontractor of said other contractor, the Contractor shall have no claim against the Owner for said damage. H. Should any other contractor having a Contract with the Owner sustain damage through any act or omission of the Contractor or its Subcontractor, the Contractor shall reimburse said other contractor for all said damages and shall indemnify and hold the Owner harmless from all said claims. ARTICLE 10 -- PROTECTION OF RIGHTS, PERSONS AND PROPERTY Section 10.01 - Accidents and Accident Prevention A. The Contractor shall at all times take reasonable precautions for the safety of persons engaged in the performance of the work. The Contractor shall comply fully with all applicable provisions of federal, state, and local law. The Contractor alone shall be responsible for the safety, efficiency and adequacy of the Contractor's Work, plant, appliances and methods, and for any damage which may result from the failure or the improper construction, maintenance, or operation of said Work, plant, appliances and methods. B. The Contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of or in the course of employment on Work under the Contract, and shall immediately notify the Owner in writing of any injury which results in hospitalization or death, or significant near miss incidents that had the potential to result in serious injury or death. The Contractor shall upload all completed Contractor and Subcontractor incident investigation forms and reports within five (5) working days of the incident. The report shall include the extent of damage or injury, the persons involved and their employers, the number of days persons are hospitalized, and any other pertinent information required by Cornell University. Such reporting shall be submitted on the e-Builder Accident Form. 17 Rev 03.2018 C. The Contractor shall provide to the Project Manager, Material Safety Data Sheets (OSHA Form 20 or the equivalent) for all chemicals to be used on site. All chemicals requiring any precautionary measures (eg. special storage or disposal requirements, personal protective equipment, or additional ventilation), shall be brought to the attention of Cornell University for review and approval, prior to their use on site. 1. All chemicals brought on site by the Contractor shall be clearly labeled. The label shall state the identity of the chemical, any associated hazards, and the Contractor's name. 2. All Contractor employees who are using chemicals shall be made aware of the hazards associated with their use. Safe chemical handling procedures in accordance with OSHA or other governmental agencies, and manufacturer's recommendations shall be used at all times. 3. The Contractor shall dispose of all chemicals in accordance with EPA and Cornell University requirements, regardless of the size of the container or the quantity of waste, and must receive prior approval of Cornell University. 4. A Contractor’s Waste Material Disposal Plan form is required (with or without waste) to be submitted with submission of the first payment. The form can be found at: https://sp.ehs.cornell.edu/env/solid-waste/construction-demolition- waste/Pages/default.aspx D. The Contractor shall be responsible for the initiation, maintenance and supervision of safety precautions and programs in connection with the Work. E. The Contractor shall, at all times, guard the Owner's property from injury or loss in connection with the Work. The Contractor shall, at all times, guard and protect the Contractor's Work. The Contractor shall replace or make good any said loss or injury unless said loss or injury is caused directly by the Owner. F. The Contractor shall have full responsibility to install, protect and maintain all materials and supplies in proper condition and forthwith repair, replace and make good any damage thereto until Final Acceptance. Section 10.02 - Adjoining Property A. The Contractor shall be required to protect all the adjoining property and to repair or replace any such properties damaged or destroyed by the Contractor, its employees or subcontractors thereof, by reason of, or as a result of activities under, for or related to the Contract. Section 10.03 - Emergencies A. In case of an emergency which threatens loss or injury to persons or property, the Contractor will be allowed to act, without previous instructions from the Owner, in a diligent manner, to the extent required to avoid or limit such loss or injury, and the Contractor shall notify the Owner immediately thereafter of the action taken. 18 Rev 03.2018 Section 10.04 - Bonds A. Before commencing the performance of any work covered by the Contract, the Contractor shall furnish to the Owner any required Bonds. The failure of the Contractor to supply the required Bonds within ten (10) days after the Contract signing shall constitute a default. Section 10.05 - Risks Assumed by the Contractor A. Indemnification. The Contractor shall defend, indemnify and hold harmless the Owner and its trustees, officers, agents and employees from and against all claims, damages, losses, fines, and expenses, including reasonable attorneys' fees, arising out of or resulting from the performance of the work including, but not limited to, bodily or personal injury, sickness, disease, death, or injury or damage to tangible property, to the extent they arise out of or result from: 1. any negligent act or omission, or intentional or willful misconduct, violation of law, or breach of this Contract by the Contractor, or any of its subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, or 2. any injury to an employee of the Contractor, its subcontractors, anyone directly or indirectly employed by them. The indemnification obligation under this section shall not be limited by the amount or type of damages, compensation or benefits payable by or for the Contractor under workers’ compensation, disability benefit or other employee benefit laws. B. In the event that Contractor is requested but refuses to honor its indemnification obligations hereunder, then the Contractor shall, in addition to all other obligations, pay the cost, including reasonable attorneys' fees, of bringing an action to enforce such indemnification obligations. C. Neither the Owner's final acceptance of the work to be performed hereunder nor the making of any payment shall release the Contractor from its obligations under this Section. The enumeration elsewhere in the Contract of particular risks assumed by the Contractor or of particular claims for which the Contractor is responsible shall not be deemed to limit the effect of the provisions of this Section or to imply that the Contractor assumes or is only responsible for risk or claims of the type enumerated. Section 10.06 - Contractor's Compensation and Liability Insurance A. The Contractor shall procure and maintain, at its own cost and expense, until final acceptance by the Owner of all the work covered by this Contract, the following kinds of insurance: 1. Worker's Compensation Insurance. A policy complying with the requirements of the laws of the State of New York and any other laws that may be applicable thereto, including Coverage B - Employer's Liability with a limit of not less than $1,000,000. 19 Rev 03.2018 2. Contractor's Comprehensive General Liability Insurance. A standard comprehensive general liability insurance policy, with contractual, completed operations, explosion, collapse and underground property damage coverage’s issued to and covering the liability of the Contractor for all work and operations under this Contract, all obligations assumed by the Contractor under this Contract and all damage to work performed by subcontractors on your behalf. The Contractor shall provide Broad Form Comprehensive General Liability Insurance, and the Owner shall be an additional insured in the policy. The policy shall include cross liability coverage and shall be endorsed to indicate that it is primary coverage. The completed operations coverage’s shall be maintained for not less than two years after acceptance of the work. The coverage under such policy shall be not less than a combined single limit for Bodily Injury and Property Damage as follows, or such limits carried by the Contractor, whichever is greater: BODILY INJURY AND PROPERTY DAMAGE LIABILITY (BROAD FORM) $ 5,000,000 Each Occurrence $ 5,000,000 Aggregate 3. Automobile Liability Insurance. A policy covering the use in connection with the work covered by the Contract Documents of all owned, non-owned and hired vehicles bearing, or, under the circumstances under which they are being used, required by the Motor Vehicle Laws of the State of New York to bear license plates. The coverage under such policy shall be not less than a combined single limit for Bodily Injury and Property Damage of: BODILY INJURY AND PROPERTY DAMAGE LIABILITY $ 1,000,000 Each Person $ 1,000,000 Each Accident B. In addition to maintaining all of the above insurances, the Contractor shall indemnify and hold harmless the Owner and its agents and employees from and against liability, including additional premium due because of the Contractor's failure to maintain coverage limits as required under this section. C. Insurance similar to that required of the Contractor shall be provided by or on behalf of all subcontractors to cover their own operations performed under this Contract. The Contractor shall be held responsible for any modifications in these insurance requirements as they apply to subcontractors. 20 Rev 03.2018 D. Before commencing the performance of any work covered by the Contract, the Contractor shall furnish to the Owner a current certificate or certificates, in duplicate, of the insurance required under the foregoing provisions including copies of subcontractor’s certificates. Such certificates shall be on a form prescribed by the Owner, shall list the various coverage’s and shall contain, in addition to any provisions hereinbefore required, a provision that the policy shall not be changed or cancelled and that it will be automatically renewed upon expiration and continued in force until final acceptance by the Owner of all the work covered by the Contract, unless the Owner is given thirty (30) days written notice to the contrary. Upon renewal of each of the Contractor's insurance coverage’s, the Owner shall be provided with a new certificate of insurance showing such renewal. Certificates and written notices shall be directed to the Office of Facilities Contracts. The Contractor shall furnish the Owner with a certified copy of each policy including any and all exclusions to such policy. E. If at any time any of the above required insurance policies should be cancelled, terminated or modified so that insurance is not in effect as above required, then, if the Owner shall so direct, the Contractor shall suspend performance of the work covered in the Contract. If the said work is so suspended, no extension of time shall be due on account thereof. The Owner may, at its option, obtain insurance affording coverage equal to that above required, at the Contractor's expense. Section 10.07 - Liability Insurance of the Owner A. The Owner, at its own cost and expense, shall procure and maintain such liability insurance as will, in its opinion, protect the Owner from its contingent liability to others for damages because of bodily injury, including death, and property damage which may arise from operations under this Contract. 21 Rev 03.2018 Section 10.08 - Owner's and Contractor's Responsibilities for Fire and Extended Coverage Insurance Hazards A. The Contractor shall purchase and maintain in force a builders risk insurance policy on the entire work. Such insurance shall be written on a completed value form and in an amount equal to the initial contract sum and modified by any subsequent modifications to the contract sum. The insurance shall name Cornell University and the State of New York, all subcontractors and sub- subcontractors. The insurance policy shall contain a provision that the insurance will not be cancelled or allowed to expire until the Contractor has given at least thirty (30) days prior written notice to Cornell University. The insurance shall cover the entire work at the site, including reasonable compensation for Architect’s services and expenses made necessary by an insured loss. Insured property shall include portions of the work located away from the site and in transit to the site. The policy shall cover the cost of removing debris and demolition as may be legally necessary. The policy shall cover any boiler or machinery loss which may be suffered during installation and until final acceptance. The insurance required shall be written to cover “all risk” of physical loss including a loss due to collapse. Any deductible shall be the responsibility of the Contractor but in no case shall the deductible be more than $10,000 unless Cornell University has agreed to a higher deductible. The Contractor shall provide to Cornell University a certificate of insurance and a summary of coverage’s including all endorsements and exclusions prior to commencement of the work. Once the policy is received, the Contractor shall provide a copy of such policy to Cornell University. There shall be a mutual waiver of recovery between Cornell University, the Contractor and all other parties to the extent such losses are covered by the builders risk policy. If Cornell University wishes to occupy the building prior to final acceptance and if the policy contains a provision which limits coverage for such partial occupancy, the parties agree work together to obtain consent of the insurance company for such partial occupancy or use under mutually acceptable terms. B. Losses, if any, under such insurance shall be payable to the Owner. C. The Contractor shall be responsible for any and all loss of materials connected with the construction due to unexplainable disappearance, theft or misappropriation of any kind or nature. D. The foregoing provisions shall not operate to relieve the Contractor and subcontractors of responsibility for any loss or damage to their own or rented property or property of their employees, of whatever kind or nature, or on account of labor performed under the Contract incidental to the repair, replacement, salvage, or restoration of such items, including but not limited to tools, equipment, forms, scaffolding, and temporary structures, including their contents, regardless of ownership of such contents, except for such contents as are to be included in and remain a part of the permanent construction. The Owner shall in no event be liable for any loss or damage to any of the aforementioned items, or any other property of the Contractor, subcontractors and the Architect, or employees, agents, or servants of same, which is not to be included in and remain a part of the permanent construction. The Contractor and subcontractors severally waive any rights of recovery they may have against the Owner and the Architect for damage or destruction of their own or rented property, or property of their employees of whatever kind or nature. 22 Rev 03.2018 Section 10.09 - Effect of Procurement of Insurance A. Neither the procurement nor the maintenance of any type of insurance by the Owner or the Contractor shall in any way be construed or be deemed to limit, discharge, waive or release the Contractor from any of the obligations and risks imposed upon the Contractor by the Contract or to be a limitation on the nature or extent of such obligations and risks. Section 10.10 - No Third Party Rights A. Nothing in the Contract shall create or give to third parties; any claim or right of action against the Contractor, the Architect, and the Owner beyond such as may legally exist irrespective of the Contract. ARTICLE 11 -- USE OR OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER Section 11.01 – Substantial Completion A. The term "substantial completion" means the completion of the Work to the extent that Cornell University may have uninterrupted occupancy or use of the facility or specified portion thereof for the purpose for which intended. The Contractor shall obtain all certificates of occupancy required prior to occupancy, and any electrical, mechanical and plumbing certificates, or other certificates or required approvals and acceptances by City, County, and State governments or other authority having jurisdiction. Section 11.02 - Occupancy Prior to Acceptance A. If, before Final Acceptance, the Owner desires Beneficial Occupancy of the Work, or any part thereof, which is completed or partly completed, or to place or install therein equipment and furnishings, the Owner shall have the right to do so, and the Contractor shall in no way interfere with or object to said Beneficial Occupancy by the Owner. B. Said Beneficial Occupancy (1) shall not constitute acceptance of space, systems, materials or elements of the Work, nor shall said Beneficial Occupancy affect the start of any guarantee period, and (2) shall not affect the obligations of the Contractor for Work which is not in accordance with the requirements of the Contract or other obligations of the Contractor under the Contract. C. The Contractor shall continue the performance of the Work in a manner which shall not unreasonably interfere with said use, occupancy and operation by the Owner. ARTICLE 12 -- PAYMENT Section 12.01 - Provision for Payment A. The Owner agrees to pay the Contract Price to the Contractor for the performance of this Contract and the fulfillment of all the Contractor's obligations. The Contract Price means all costs reimbursable under the Contract Documents. 23 Rev 03.2018 B. The final certificate of the Architect shall certify that the Contract has been completed within the stipulated time, and shall not be issued until all drawings and specifications have been returned to the Owner. The issuance of said certificates, however, or any payments made thereon shall not lessen the total responsibility of the Contractor to complete the work to the satisfaction of the Owner in accordance with the Contract. C. Payments on the Contract Price shall be made each month as the work progresses in accord with the following procedure: 1. The Contractor's schedule of values, including quantities, aggregating the total Contract Price, divided so as to facilitate payments to subcontractors as specified herein, shall be the basis for monthly progress payments. This schedule, as shown in the E-Builder Schedule of Values Process, when approved by the Owner shall be used as a basis for progress payments. In applying for payments, the Contractor shall submit a statement based upon this approved schedule. 2. (a) On a date agreed upon by the Owner, Architect, and Contractor, a meeting shall be held by the Owner to review the work completed and materials on hand. This meeting shall review each item to be submitted by the Contractor in the requisition for payment. (b) On the first day of each month, or as soon thereafter as practicable, the Contractor shall submit via the E-Builder Payment Application Process, a statement and all applicable documentation setting forth in detail the cost of the work done and materials delivered to the job site up to and including the last day of the previous month and shall make application for payment of ninety percent (90%) of the amount of said statement, less the aggregate of all previous payments made by the Owner against the Contract Price. (c) Each statement and application shall be accompanied by an affidavit, executed by the Contractor, certifying that the statement is true and correct, and that all bills for labor, and materials incorporated in or delivered to the job, due and payable at the time of the preceding progress payment, have been paid. The Contractor shall attach a single .pdf file of certified payrolls for all employees on the project as indicated in the E- Builder Payment Application Process. Before final payment is made, the Contractor shall submit evidence that all payrolls, material bills and other indebtedness incurred in connection with the Contract have been paid, including final waivers of any liens. 3. Each such application for payment shall be subject to the review and approval of the Architect. If the Architect finds that the affidavit and application for payment are acceptable and that all the above requirements in connection therewith have been complied with, the Architect shall, within seven (7) calendar days after receiving such application for payment, certify to the Owner that the payment applied for is due and payable to the Contractor. 24 Rev 03.2018 4. The issuance of a Certificate for Payment constitutes a representation by the Architect to the Owner, based on the date of the Application for Payment, that the work has progressed to the point indicated, that, to the best of their knowledge, information, and belief, the quality of the work is in accordance with the Contract Documents and that the Contractor is entitled to payment in the amount certified. The Owner shall make payment in the manner provided in the Agreement within thirty (30) calendar days of receipt of the approved Certificate in E-Builder. Approval of the Payment Application by the Architect shall not be deemed to represent that the Architect has made exhaustive or continuous on-site inspections to check the quality or quantity of the work or that the Architect has reviewed the construction means, methods, techniques, sequences, or proceedings or that the Architect has made any examination to ascertain how or for what purpose the Contractor has used the monies previously paid on account of the Contract Sum. Section 12.02 – Stored Materials & Equipment A. The Contractor may submit, no more than thirty (30) calendar days after contract approval and prior to the first application for payment, a written request to Cornell University for permission to invoice for critical materials and equipment ready, but not yet incorporated into the work. For the purpose of this paragraph, "critical materials and equipment" eligible for payment are defined as those items affecting project schedule or budget as determined by Cornell University's evaluation of the project schedule. This includes finished goods normally shipped to the job site in a condition ready for incorporation into the work that require significant time for delivery. Raw materials or work-in-process at a manufacturer's plant location shall not be eligible for such consideration unless the Contractor can demonstrate that Cornell University can save money by purchasing material in bulk quantities at the beginning of the project. B. Cornell University will be under no obligation to accept such requests. C. Payment authorized by Cornell University for such "long-lead" critical materials and equipment not yet incorporated in the work will be made provided the Contractor submits Exhibit H and complies with the following: 1. Items shall be listed in the “Total Materials Presently Stored” column on the Application for Payment. 2. Transfer of Title shall be executed and included in the Application for Payment. 3. The method used to store off-site items shall be described in the Contractor's request to invoice for such materials and equipment. Cornell University shall give prior approval of the location of off-site storage. Items requiring special environmental conditions to protect their integrity (temperature, humidity, etc.) shall be continuously stored in such an environment. 25 Rev 03.2018 4. Items in storage shall be identified as property of Cornell University, and a description of the identification method used shall be submitted in the Application for Payment. Contractor shall maintain all necessary insurance on items in storage. 5. A written and photographic inventory of items and method used to verify such inventory, including Contractor's certification that all quantities have been received in good condition at the job site or other location acceptable to Cornell University shall be submitted with the Application for Payment. 6. A copy of the vendor's invoice is included with the Contractor's invoice. Packing lists will not be accepted. D. Cornell University retains the right to verify storage by physical inspection prior to payment approval and at any time thereafter. Such payment shall not relieve the Contractor of the responsibility for protecting, safeguarding, and properly installing the equipment or materials. The Warranty and Guarantee period shall not commence until installation and final acceptance of the completed work by Cornell University. The Contractor shall bear the cost of transporting materials stored off-site to the site E. Each subsequent invoice will restate the prior months' materials and equipment not incorporated in the Work and current month additions and deletions for materials and equipment incorporated into the Work. F. Upon the making of partial payment by Cornell University, all work, materials, and equipment covered thereby shall become the sole property of Cornell University. Partial payments, however, shall not constitute acceptance of the Contractor's work by Cornell University, nor be construed as a waiver of any right or claim by Cornell University. Section 12.03 – Retention A. Retention in the amount of ten percent (10%) of the value of the work done and materials furnished and installed under this Agreement shall be retained by the Owner as part security for the faithful performance of the Contractor’s work within the time specified, and shall be paid as indicated in Section 12.06. B. Cornell University in its sole discretion may, upon the Contractor's application thereof, release retention applicable to a subcontractor, provided that there are no outstanding claims associated with the subcontractor's work and the subcontractor and Contractor submit an acceptable partial or final release when submitting the payment application process. If the project is bonded, a Consent of Surety to the reduction must be attached as well. 26 Rev 03.2018 Section 12.04 - Withholding Payments A. The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or a part of any Certificate to such extent as may be necessary to protect the Owner from loss on account of: 1. Defective work not remedied. 2. To assure payment of just claims of any persons supplying labor or materials for the work and to discharge any lien filed against the Owner's property. 3. A reasonable doubt that the Contract can be completed for the balance of the Contract Price then unpaid. 4. Damage to another Contractor. 5. Unsatisfactory prosecution of the work by the Contractor. 6. Failure to provide and maintain an acceptable Critical Path Method Network Schedule. Section 12.05 – Documents and Conditions Precedent to Final Payment A. As-Built Documentation 1. Prior to acceptance by the Owner of all work covered by the Contract, the Contractor shall furnish to the Owner through the Architect one (1) set of current reproducible full-size Contract Drawings on which the Contractor has recorded in a neat and workmanlike manner all instances where actual field construction differs from work as indicated on the Contract Drawings. B. Final Documentation: 1. Prior to final payment, and before the issuance of a final certificate for payment in accordance with the provisions of these General Conditions, file the following documents with the Owner. a. Warranties, Bonds, Service & Maintenance Contracts and any other extended guarantees stated in the technical sections of the Specifications. b. Release or Waiver of Lien for the Contractor and Sub-Contractors in accordance with Exhibit C, attached hereto. c. Project Record Documents as defined in General Requirements Section 01 78 39. d. Notification that Final Punch List work has been completed. e. Manufacturers Instruction and Maintenance Manuals as defined in General Requirements Section 01 78 23. 27 Rev 03.2018 f. Fixed Equipment Inventory as defined in General Requirements Section 01 78 22. 2. The Contractor shall also provide a CD containing scanned .pdf format and/or Word Documents of all documentation. Section 12.06 - Final Payment and Release A. When the Contractor determines that the work or a designated portion thereof is substantially complete, the Contractor shall prepare for submission to the Owner a list of items to be completed or corrected. This list, prepared by the Contractor, shall constitute a complete detailed list of defects and deficiencies which, when remedied, will complete all Contract requirements. The submittal shall be accompanied by a statement to that effect. B. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all work in accordance with the Contract Documents. When the Architect, on the basis of an inspection, determines that the work is substantially complete, the Architect will then prepare a Certificate of Substantial Completion. C. Upon receipt of written notice that the work is ready for final inspection and acceptance, the Architect will promptly make such inspection and, when the Architect finds the work acceptable under the provisions of the Contract Documents, and the Contract fully performed, and if bonds have been required, the written Consent of the Surety to the payment of the balance due, and a satisfactory Release of Lien, attached hereto as Exhibit "C" and made a part of the Contract Documents, has been submitted by the Contractor, each subcontractor and sub- subcontractor, the Contractor will promptly issue a final Certificate for Payment, stating that to the best of their knowledge, information, and belief, and on the basis of their observations and inspections the work has been completed in accordance with the terms and conditions of the Contract Documents, and that the entire balance is due and payable. D. All prior certificates upon which progress payments may have been made, being estimates, shall be subject to correction to the final certificate. E. The acceptance by the Contractor of the final payment aforesaid shall constitute a general release of the Owner and its agents or representatives from all claims and liability to the Contractor. ARTICLE 13 -- TAX EXEMPTION Section 13.01 - Tax Exemption A. The Owner is exempt from payment of Federal, State and local taxes, including sales and compensating use taxes on all materials and supplies incorporated into the completed Work. These taxes are not to be included in bids. This exemption does not apply to tools, machinery, equipment or other property leased by or to the Contractor or a Subcontractor, or to supplies and materials which, even though they are consumed, are not incorporated into the completed Work, and the Contractor and Subcontractors shall be responsible for and pay any and all applicable taxes, including sales and compensating use taxes, on said leased tools, machinery, equipment or other property and upon all said unincorporated supplies and materials. 28 Rev 03.2018 B. The Contractor and Subcontractor shall obtain any and all necessary certificates or other documentation from the appropriate governmental agency or agencies, and use said certificates or other documentation as required by law, rule or regulation. ARTICLE 14 -- GUARANTEE Section 14.01 - Guarantee A. The Contractor, at the convenience of the Owner, shall remove, replace and/or repair at their own costs and expense any defects in workmanship, materials, ratings, capacities or characteristics occurring in or to the work covered by Contract for the period of one (1) year or within such longer period as may otherwise be provided in the Contract, the period of such guarantee to commence with the Owner's final acceptance of all work covered under the Contract, and the Contractor, upon demand, shall pay for all damage to all other work resulting from such defects and all expenses necessary to remove, replace and/or repair such work which may be damaged in removing, replacing or repairing the said defects. Acceptance means final acceptance of the entire work, early partial occupancy notwithstanding B. In some instances the nature of the work may require the Owner to accept various components, equipment, spaces or phase of the project. In such cases the Contractor shall submit a separate guarantee for the Owner's acceptance on the form attached hereto as Exhibit "E". Upon completion of the project, the Contractor shall submit to the Owner a guarantee for the project on the form attached hereto as Exhibit "E". ARTICLE 15 -- STANDARD PROVISIONS Section 15.01 - Provisions Required by Law Deemed Inserted Each and every provision of law or clause required by law to be inserted in the Contract and made a part hereof, shall be deemed to be inserted herein and, in the event any such provision is not inserted or is not correctly inserted, then upon the application of either party, this Contract shall forthwith be physically amended to make such insertion or correction. Section 15.02 - Laws Governing the Contract The Contract shall be governed by the laws of the State of New York, without reference to conflict of law principles. Any and all proceedings relating to the subject matter hereof shall be maintained in New York State Supreme Court, Tompkins County or the federal district court for the Northern District of New York, which courts shall have exclusive jurisdiction for such purposes. Section 15.03 - Assignments The Contractor shall not assign the Contract in whole or in part without prior written consent of the Owner. 29 Rev 03.2018 Section 15.04 - No Third Party Rights Nothing in the Contract shall create or shall give to third parties any claim or right of action against the Owner, beyond such rights as may legally exist irrespective of the Contract. Section 15.05 - Waiver of Rights of Owner A. None of the provisions of the Contract will be considered waived by the Owner except when such waiver is given in writing. Section 15.06 - Limitation on Actions No action or proceeding shall be filed or shall be maintained by the Contractor against the Owner unless said action shall be commenced within six (6) months after receipt by the Owner of the Contractor's final requisition or, if the Contract is terminated by the Owner, unless said action is commenced within six (6) months after the date of said termination. Section 15.07 - Owner's Representative The Owner shall designate a representative authorized to act in its behalf with respect to the Project. The Owner or its representative shall examine documents and shall render approvals and decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Contractor's work. Only directives from Cornell University’s designated representative (Robert Murray) shall be recognized by the Contractor. ARTICLE 16 – MINORITY AND WOMEN BUSINESS ENTERPRISES Section 16.01 – Definitions The terms "Minority-owned business enterprise" ("MBE") or “Women-owned business enterprise” (“WBE”) or “minority group member” shall have the same meaning as under Section 310 of the New York State Executive Law, as the same may be from time to time amended. Section 16.02 – Participation by Minority and Women Business Enterprises A. The Contractor shall, in addition to any other nondiscrimination provision of the Contract and at no additional cost to Owner, fully comply and cooperate with the Owner in the implementation of MBE and WBE goals. These requirements include equal employment opportunities for minority group members and women (“EEO”) and contracting opportunities for certified minority and women-owned business enterprises (“MWBEs”). The Contractor’s demonstration of “good faith efforts” shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State or other applicable federal, state or local laws. B. The Contractor shall include the provisions of this Article in each and every Agreement and/or Contract in such a manner that the provisions of this Article will be binding upon each subcontractor and supplier as to work in connection with and related to this Agreement. 30 Rev 03.2018 C. For purposes of this procurement, the Owner has established goals of XX% for Minority-Owned Business Enterprises (“MBE”) participation and XX% for Women-Owned Business Enterprises (“WBE”) participation. 1. The goal for Minority-Owned Business Enterprise participation shall be applied as follows: a maximum of one third (1/3) of the goal may be applied to purchases of materials, supplies, and equipment from MBEs. 2. The goal for Women-Owned Business Enterprise participation shall be applied as follows: a maximum of one third (1/3) of the goal may be applied to purchases of materials, supplies, and equipment from WBEs. D. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the Contract Goals established in paragraph C above, the Contractor should reference the Directory of New York State Certified MWBEs found at the following internet address: http://www.esd.ny.gov/mwbe.html. E. Where MWBE goals have been established herein, the Contractor must document “good faith efforts” to provide meaningful participation by MWBEs as sub-contractors or suppliers in the performance of the Contract. F. Where it appears that a Contractor is unable to comply with the MWBE participation requirements, Contractor may submit in writing for the Owner’s consideration, the reasons for Contractor’s inability to meet any or all of the participation requirements together with an explanation of the efforts taken by the Contractor to obtain the stated MWBE participation. Section 16.03 MWBE Utilization Plan A. The Contractor shall submit a MBE/WBE Utilization Plan for the Owner’s review prior within fifteen (15) calendar days after receipt of a Letter of Intent or Notice to Proceed. B. The Contractor shall use such Owner approved MBE/WBE Utilization Plan for the performance of MWBEs on the Contract pursuant to the prescribed MWBE goals established in Article 16 hereof. The Contractor shall designate a Compliance Officer in their organization who shall be responsible for implementing the MBE/WBE Utilization Plan of the Contractor and its subcontractors. Said Compliance Officer shall make such periodic, but not less than monthly, reports on the Plans' progress and on the number of women and minority workers employed. These reports shall be submitted to the Owner Representative on the Affirmative Action Workforce Report attached hereto as Exhibit "D". Section 16.04 Reports and Records A. The following forms, attached hereto as Exhibit "D" and made a part of the Contract Documents, are to be used in submitting MBE/WBE Utilization Plans. Electronic versions are available in the E-Builder Resources Project or at https://fcs.cornell.edu/project- contractors-and-consultants. 1. MWBE Utilization Plan 2. Affirmative Action Workforce Report 31 Rev 03.2018 B. The Contractor shall demonstrate compliance with these goals by submission of the Affirmative Action Workforce Report on a monthly basis, or as requested by Owner. The Contractor shall provide a single monthly report inclusive of all subcontractor information for the project labor and such report must document the progress made towards achievement of the MWBE goals of the Contract. Such forms shall be uploaded monthly to E-Builder. C. The Contractor shall permit access to its books, records and accounts by the Owner for purposes of investigation to ascertain compliance with the provisions of this Article. The Contractor shall include this provision in every subcontract so that such provision will be binding upon each subcontractor. ARTICLE 17 -- ACCOUNTINGS, INSPECTION AND AUDIT The Contractor agrees to keep books and records showing the actual costs incurred for the Work. Such books and records (including, without limitation, any electronic data processing files used by the Contractor in analyzing and recording the Work) shall be open for inspection and audit by the Owner and its authorized representatives at reasonable hours at the Contractor's local office or at the Owner's office, if necessary, and shall be retained by the Contractor for a period of seven years after the Work has been completed, except that if any litigation, claim or audit is started before the expiration date of the seven year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved.. Each Sub-Contractor shall be similarly obligated to maintain, for inspection and audit by the Owner, books and records respecting the Work. If requested by the Owner, the Contractor shall furnish copies of any and all subcontracts, purchase orders and/or requisitions of any nature associated with the project. ARTICLE 18 – CONTRACTOR PERFORMANCE EVALUATION At project completion the Owner shall schedule a meeting to review with the Contractor their performance for the project unless performance warrants additional reviews. The Owner may schedule a meeting at fifty percent (50% completion) based on project complexity and/or duration. The Owner shall present its review based on the attached “Contractor Performance Evaluation”, Exhibit I. The Contractor shall be given the opportunity to provide input as to the findings of the evaluation after completion by the Owner. ARTICLE 19 -- ROYALTIES AND PATENTS The Contractor shall pay all royalties and license fees and shall defend all suits or claims for infringement of any patents, and shall save Cornell University harmless from loss on account thereof; except that Cornell University shall be responsible for all such loss when a particular process or product is specified by Cornell University unless the Contractor shall have reason to believe that the particular process or product infringes a patent, in which event it shall be responsible for loss on account thereof unless it promptly provides such information to Cornell University. 32 Rev 03.2018 ARTICLE 20 -- CONFIDENTIALITY AND USE OF OWNER'S NAME Section 20.01 - Release of Information The Contractor shall not divulge information concerning the Work (including news releases, social media, internal house organizations, applications for permits, etc.) to anyone without Cornell University's prior written approval, except to subcontractors and suppliers to the extent that they need such information to perform their work. The Contractor shall require a similar agreement from each such subcontractor and supplier, requiring their compliance with the foregoing. Cornell University reserves the right to release all information, as well as to time its release and specify its form and content. The Contractor may obtain Cornell University's approval to release information by submitting such request to the Cornell University Project Manager. Section 20.02 - Confidential Information The term "Confidential Information" means all unpublished information obtained or received from Cornell University during the term of this Contract which relates to Cornell University's research, development, manufacturing and business affairs. The Contractor shall not disclose confidential information to any person, except to its employees and subcontractors to the extent that they require it in the performance of their Work, during the term of this Contract and until authorized by Cornell University in writing. The Contractor and its subcontractors shall hold all confidential information in trust and confidence for Cornell University, and shall use confidential information only for the purpose of this Contract. The Contractor and its subcontractors shall require all of their employees to whom confidential information is revealed to comply with these provisions. The Contractor shall have an agreement with each subcontractor, requiring their compliance with the foregoing. If it becomes necessary for the Contractor to defend in case of litigation related to its services rendered, permission shall be sought from Cornell University, who shall not unreasonably withhold such permission, before any disclosures are made. This Section does not apply to information which (1) is or becomes known in public domain or (2) is learned by the Contractor from third parties. Section 20.03 - Use of Owner's Name The Contractor shall not use, in its external, advertising, marketing program, social media, or other promotional efforts, any date, pictures, or other representation of the Owner except on the specific written authorization in advance of the Owner's Representative. 33 Rev 03.2018 ARTICLE 21 -- CORNELL UNIVERSITY STANDARDS OF ETHICAL CONDUCT Cornell University expects all executive officers, trustees, faculty, staff, student employees, and others, when acting on behalf of the university, to maintain the highest standard of ethical conduct as per Cornell University's Policy 4.6 - Standards of Ethical Conduct, a copy of which is available at https://fcs.cornell.edu/project-contractors-and-consultants This includes treating equally all persons and firms currently doing business with or seeking to do business with or for Cornell University, whether as contractors, subcontractors, or suppliers. Such persons and firms are respectfully reminded that Cornell University employees and their families may not personally benefit from Cornell University's business relationships by the acceptance of gifts or gratuities, defined as a gift in excess of $75.00 given to a Cornell employee for personal use. Items not considered gifts/gratuities include occasional business meals, items of an advertising nature, and items that are generally distributed to all potential customers. In addition, it is expected that the Contractor's officers and employees shall conduct all business related to this Contract within the highest ethical standards, observing applicable policies, practices, regulations, law, and professional standards. All parties are expected to report violations of this policy to appropriate university personnel. You may file a report to on the web https://secure.ethicspoint.com/domain/en/report_custom.asp?clientid=6357 or contact Cornell University through EthicsPoint by dialing toll-free 1-866-293-3077. EXHIBIT "A" CORNELL UNIVERSITY Construction Contract Change Order Forms Instructions to Change Order Documentation Cornell University has several standard forms related to Changes in the Work. These forms have been prepared to comply with contract requirements related to Changes in the Work. The standard Construction Contract Change Order Request and Change Order Summary Forms shall be used to facilitate preparation of change order requests in conformity with construction contract requirements. These forms shall be used by the Contractor and by all Subcontractors in preparing their respective cost estimates for services associated with the Changed Work for the Owner’s consideration and shall include all associated back-up documentation supporting the request. Direct Cost of the Work: 1. Direct Labor – Include the “wages paid” hourly direct labor and/or foreman necessary to perform the required change. “Wages paid” is the burdened labor rate documented in accordance with Section 2.14 – Project Labor Rates of the General Conditions. “Assigned Personnel or Work Crews” should be stated by trade or type of work performed not by name of person or company title. For example carpenter, mason, backhoe operator, etc. Supervisory personnel in district or home office shall not be included. Supervisory personnel on the job-site, but with broad supervisory responsibility and paid as salaried personnel, shall not be included as Direct Labor 2. Direct Material – Include the acquisition cost of all materials directly required to perform the required change. Examples of “Unit of Measure” include square feet, cubic yards, linear feet, days, gallons, etc. 3. Equipment – Include the rental cost of equipment items necessary to perform the change. For company-owned equipment items, include documentation of internal rental rates. Charges for small tools, and craft specific tools are not allowed. Bond Premiums The Contractor’s actual documented bond premium rate as stated on their Bid Form at time of bid shall be added to all direct and indirect costs of the proposed change. Overhead & Profit The Contractor’s overhead & profit rate shall be added to all direct and indirect costs of the proposed change in accordance with the Contract. EXHIBIT "A" EXHIBIT "A" CONSTRUCTION CONTRACT CHANGE ORDER SUMMARY DATE: PCO # PROJECT TITLE:CONTRACT NO. CONTRACTOR: DETAILED DESCRIPTION OF WORK: 1 DIRECT COST OF WORK: NAME OF CONTRACTOR/SUBCONTRACTORS TO TAL PERFORMING WORK COST TOTAL COST OF PROPOSED CHANGE ORDER ITEM $0 TOTAL CONTRACT DAYS ADDED/DELETED FROM PROJECT SCHEDULE THIS PAGE INTENTIONALLY LEFT BLANK FINAL RELEASE EXHIBIT "B" FINAL WAIVER OF CLAIMS AND LIENS AND RELEASE OF RIGHTS Sworn to before me this Corporation or Business Name Day of 20 By: Title: Date Contract Date Project Contract Price Address Net Extras and Deductions City Adjusted Contract Price County Amount Previously Paid State Balance Due - Final Payment The undersigned hereby acknowledges that the above Balance Due when paid represents payment in full for all labor, materials, etc., furnished by the below named Contractor or Supplier in connection with its work on the above Project in accordance with the Contract. In consideration of the amounts and sums previously received, and the payment of $ being the full and Final Payment amount due, the below named Contractor or Supplier does hereby waive and release the Owner from any and all claims and liens and rights of liens upon the premises described above, and upon improvements now or hereafter thereon, and upon the monies or other considerations due or to become due from the Owner or from any other person, firm or corporation, said claims, liens and rights of liens being on account of labor, services, materials, fixtures or apparatus heretofore furnished by the below named Contractor or Supplier to the Project. The premises as to which said claims and liens are hereby released are identified as follows: . The undersigned further represents and warrants that he/she is duly authorized and empowered to sign and execute this waiver on his/her own behalf and on behalf of the company or business for which he/she is signing; that it has properly performed all work and furnished all materials of the specified quality per plans and specifications and in a good and workmanlike manner, fully and completely; that it has paid for all the labor, materials, equipment and services that it has used or supplied, that it has no other outstanding and unpaid applications, invoices, retentions, holdbacks, expenses employed in the prosecution of work, chargebacks or unbilled work or materials against the Owner as of the date of the aforementioned last and final payment application; and that any materials which have been supplied or incorporated into the above premises were either taken from its fully-paid or open stock or were fully paid for and supplied on the last and final payment application or invoice. The undersigned further agrees to defend, indemnify and hold harmless the Owner for any losses or expenses (including without limitation reasonable attorneys' fees) should any such claim, lien or right of lien be asserted by the below named Contractor or Supplier or by any of its or their laborers, material persons or subcontractors. In addition, for and in consideration of the amounts and sums received, the below named Contractor or Supplier hereby waives, releases and relinquishes any and all claims, rights or causes of action in equity or law whatsoever arising out of through or under the above mentioned Contract and the performance of work pursuant thereto. The below named Contractor or Supplier further guarantees that all portions of the work furnished and installed are in accordance with the Contract and that the terms of the Contract with respect to this guarantee will remain in effect for the period specified in said Contract. THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT "C" GUARANTEE Date: In accordance with plans and specifications and the terms and conditions of our contract with Cornell University dated , we hereby guarantee the as found in the specifications for , Ithaca, New York to be free (Project Title) from defects in materials and workmanship for the period of year(s) from , the date of acceptance by the Owner. (Date) (COMPANY) By: Title: THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT "D" – FORM I 1 MWBE Utilization Plan – Submit Part I and Part II within 15 days after Letter of Intent or Notice to Proceed – – Submit Part III Quarterly and at end of project – PART I – PROJECT INFORMATION e-Builder Project No. Project Name: Contract Value: Contractor Name and Address: Primary Contact Name, Phone Number, Email: Bid Date: % Goals MBE: 1.8% WBE: 0.9% Contractor’s MWBE Contact Name, Phone Number, Email: PART II – MWBE LIST (Update as MWBE firms come under contract, sign and date, resubmit) Subcontractor Name, Address, Contact, Email, MBE or WBE (List your firm if also MBE or WBE) Federal ID Number Dollar Value of Contract or Purchase Order Description of Work or Supplies Subcontractor or Supplier Start and End Dates (Update totals as MWBE firms are added/subtracted to above list) Print Name of Principal or Officer: Title: Signature: Date: MWBE Contract Percentages Summary % MBE Totals WBE Totals EXHIBIT "D" – FORM I 2 MWBE Utilization Plan – Submit Part I and Part II within 15 days after Letter of Intent or Notice to Proceed – – Submit Part III Quarterly and at end of project – PART III – Quarterly Utilization Report (Subcontractors & Sub-subcontractors fill this out and submit to General Contractor to compile into a single form.) Double click on table to edit. Month/Year: General Contractor, Subcontractor, Sub- Subcontractor, or Vendor Trade Dollar Value of SubContract or Purchase Order MBE, WBE, or N/A % of Total Contract TOTALS 0 0 EXHIBIT "D" - FORM II CONTRACTOR'S AFFIRMATIVE ACTION PLAN Summary of Bid Activity with MBE and WBE Subcontractors and Vendors Please print or type all information, except where a signature is required. PROJECT: Name of Prime Contract Bidder: Address (Street, City, State and Zip Code): Contact Person (Name, Title and Telephone Number): MBE and WBE Subcontractor/Vendor Item/ Bid Submitted: Award Status Date of (Indicate which) Trade Date Amount Date Amount Elimination EXPLANATION OF ELMINATION: Include meetings held for negotiation, etc. (Use additional sheet if necessary) OFFICER OF FIRM: Name and Title: Date: Signature: EXHIBIT "D" - FORM III Project Name: Contract No.For the period (Mo/Yr) Hours Male Hours Female Hours Male Hours Female Hours Male Hours Female Hours Male Hours Female Hours Male Hours Female Male Female Male Female 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0%0 0 0 0MONTHLY PROJECT TOTALS American Indian / Alaskan Native Total Number of Employees Total Number of Minority Employees Black HispanicTotal of All Employee Hours By Trade Asian / Pacific Islander Non-Hispanic / Caucasian Minority Employee Hours as a Percentage of Total Employee Hours Local Union # Craft and/or Trade Prime Contractor, Subcontractor and Sub- Subcontractor's Name AFFIRMATIVE ACTION WORKFORCE REPORT - MONTHLY Prime Contractor: EXHIBIT "E" LABOR RATE BREAKDOWN PROJECT TITLE:CONTRACT NO. CONTRACTOR:TRADE: EFFECTIVE DATE: EXPIRATION DATE: Base Hourly Rate:$ Payroll Taxes and Insurance % per Hour F.I.C.A. Federal Unemployment (Base on 1500 hours of work) State Unemployment (Base on 1500 hours of work) *Worker's Compensation *Bodity Injury & Property Damage Disability TOTAL % Payroll Taxes and Insurance Rates: Base Rate (x) Total % =$ * Supplemental Benefits $ per Hour Vacation Health & Welfare Pension Annuity Education / Training Industry Total Hourly Fringe Benefits $ Hourly Labor Rate: Base Rate, Taxes/Insurance and Fringe Benefits $ Adjustment for a composite rate which includes apprentices:$ CONTRACTOR'S CERTIFICATION Signature of Authorized Representative: Print Name: Print Title: I certify that the labor rates, insurance enumerations, labor fringe enumerations and expenses are correct and in accordance with actual and true cost incurred. Rates are net Contractor cost after premium discounts and experience modifications have been applied against manual rate. THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT "F” STORED MATERIALS INVOICING DOCUMENTATION PROJECT TITLE: CONTRACT NO. CONTRACTOR:SUBCONTRACTOR: REASON FOR REQUEST: APPLICATION FOR PAYMENT NO. __________DATE: 1 Material Identification Description: Quantity: Provide Specific Location of Materials Stored: 2 Material Value Attach an Invoice or Quantified Statement of Value.$ 3 Certificate of Insurance Attach a Certificate of Insurance for the above specified materials. Certificate shall name "Cornell University" as a loss payee with respect to the specified materials. 4 Transfer of Title The Contractor hereby agrees to transfer complete ownership of all listed materials to Cornell University at the time payment is made to Contractor for the above referenced Application for Payment. The Contractor remains responsible for all contractual requirements for the above listed materials including complete installation and providing of all warranties. Signed: Date: THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT "G" Contractor Performance Evaluation Project Information Project Name:____________________________________________Date Of Evaluation___________________ Project Number___________________________Evaluators; Project Team_____________________________ Campus_________________________________ Project Start Date_________________________Substantial Completion________________ Contractor______________________________________________Prequalification Status_________________ Original Contract Amount__________________________________Total Change Order Amount_____________ Contractor Project Manager___________________________________________Initial Evaluation_____ Contractor Superintendent____________________________________________Final Evaluation_____ Type Of Contract Prime Contractor___Subcontractor___Construction Manager___ Project Comments/Description Performance Evaluation Please give one rating for each category. Add comments as required to justify your rating. Fails to Achieve Needs Fully Achieve Freq Exceeds Cons Exceed Expectation Improvement Expectation Expectation Expectation 1 2 3 4 5 1 Quality of Workmanship Rate this contractor's performance in regards to quality of work a. Compliance with project drawings and specifications b. Workmanship quality and accuracy c. Tools- quality and sufficient quantity d. Equipment - sufficient quantity and operating condition e. Quality of jobsite craft personnel Comments: 2 Scheduling/Productivity Rate this contractor's performance with regard to producing and meeting contract schedules and milestones a. Project schedule quality and completeness b. Controlling of project schedule c. Manpower allocation for maintaining schedule d. Material deliveries to support project schedule e. Ability to meet substantial completion date and project milestones f. Productivity of work force g. Ability to deal with added work and unforeseen issues. Comments: 3 Subcontractor Management Rate this contractor's ability, effort and success in managing and coordinating subcontractors (if no subcontractors rate overall management performance) Comments: 3A Major subcontractor performance(score not added in final Contractor Evaluation For contractor information only a. Plumbing Contractor overall Performance Comments: b. HVAC Contractor overall Performance Comments: c. Electrical Contractor overall Performance Comments: Fails to Achieve Needs Fully Achieve Freq Exceeds Cons Exceed Expectation Improvement Expectation Expectation Expectation 1 2 3 4 5 4 MBE/WBE Participation Rate this contractor's MBE/WBE solicitation effort and participation for this project for, Project Team, Subcontractors, Material Vendors Comments: 5 Safety Rate this contractor's performance in regards to project safety a. Timely submission of site specific safety program b. Knowledge of OSHA standards c. Implementation of safety rules and regulations d. Promotion and creation of safety awareness e. Daily overall housekeeping f. Safety record g. Response to safety concerns h. Awareness of public safety Comments: 6 Contract Administration Rate this contractor's performance in regards to contract administration as per criteria below a. Timely submission of complet and correct documentation required for insurance and bond b. Change order processing c. Timely submission of RFI's, Shop Drawings, and change orders d. Subcontractor payments made promptly e. Timely submission of complete and correct payment applications f. Quality of paperwork Comments: 7 Working Relationships Rate this contractor's working relationships with other parties (Cornell, Design Team, subcontractors,ect.) Comments: Fails to Achieve Needs Fully Achieve Freq Exceeds Cons Exceed Expectation Improvement Expectation Expectation Expectation 1 2 3 4 5 8 Supervisory Personnel Rating Rate the overall performance of this contractor's on site supervisory personnel and project management staff Comments: 9 Contract Close-Out Rate this contractor's overall ability to efficiently close out the project a. Timely completion of all punchlist items b. Timely resolution of all outstanding change orders c. Timely submission of all close out documents(O&M's, As-Builts, warranties, final releases and consent of surety) d. Quality of close out documentation and timely completion of any outstanding audit questions Comments: Summary Sheet Project:___________________________________________ Contractor:________________________________________ Rating Per Weight Performance Categories Category %Scoring 1 Quality of Workmanship 0 15.00%0 2 Scheduling 0 10.00%0 3 Subcontractor Management 0 10.00%0 4 MBE/WBE Participation 0 10.00%0 5 Safety 0 10.00%0 6 Contract Administration 0 10.00%0 7 Working Relationships 0 10.00%0 8 On Site Supervisory Personnel Rating 0 18.00%0 9 Contract Close Out 0 7.00%0 Over All Rating 0 Rating Reference Fails to achieve expectation 1 Needs improvement 2 Fully achieves expectation 3 Frequently exceeds expectation 4 Consistently exceeds expectatio 5 OWNER COMMENTS: OWNER COMMENTS on 3A Ratings: CONTRACTOR COMMENTS: (To be completed by Contractor prior to Owner/Contractor discussion meeting) THIS PAGE INTENTIONALLY LEFT BLANK December 12, 2018 GENERAL REQUIREMENTS FOR HOY PARKING GARAGE PLANNED MAINTENANCE 2019 CORNELL UNIVERSITY ITHACA, NEW YORK December 12, 2018 SECTION 01 11 00 SUMMARY OF WORK .....................................................................1 1.0 GENERAL ....................................................................................................................1 1.1 DESCRIPTION..................................................................................................1 2.0 PRODUCTS – NOT USED .........................................................................................2 3.0 EXECUTION – NOT USED .......................................................................................2 SECTION 01 14 00 WORK RESTRICTIONS ..................................................................1 1.0 GENERAL ....................................................................................................................1 1.1 RELATED DOCUMENTS ...............................................................................1 1.2 CONTRACTOR USE OF PREMISES ..............................................................1 1.3 UNIVERSITY CLOSURES ..............................................................................2 1.4 WATER USE RESTRICTION ..........................................................................2 1.5 PARKING ..........................................................................................................3 1.6 CHANGEOVERS AND CONTINUITY OF SERVICES ................................3 1.7 OBSTACLES, INTERFERENCE AND COORDINATION ............................4 1.8 EXAMINATION OF PREMISES, DRAWINGS, ETC. ...................................5 1.9 STAND DOWN DATES ...................................................................................6 1.10 WORKING HOURS ..........................................................................................7 2.0 PRODUCTS – NOT USED .........................................................................................7 3.0 EXECUTION – NOT USED .......................................................................................7 SECTION 01 22 00 UNIT PRICING...................................................................................1 1.0 GENERAL ....................................................................................................................1 1.1 RELATED DOCUMENTS ...............................................................................1 1.2 DESCRIPTION OF REQUIREMENTS............................................................1 2.0 PRODUCTS – NOT USED .........................................................................................1 3.0 EXECUTION ...............................................................................................................1 3.1 SCHEDULE OF UNIT PRICES .......................................................................1 SECTION 01 31 19 PROJECT MEETINGS ......................................................................1 1.0 GENERAL ....................................................................................................................1 1.1 DESCRIPTION..................................................................................................1 1.2 PRE-CONSTRUCTION MEETING .................................................................1 1.3 PROGRESS MEETINGS ..................................................................................3 1.4 PRE-INSTALLATION CONFERENCE(S) ......................................................4 2.0 PRODUCTS – NOT USED .........................................................................................4 3.0 EXECUTION – NOT USED .......................................................................................4 December 12, 2018 SECTION 01 31 50 ELECTRONIC PROJECT MANAGEMENT .................................1 1.0 GENERAL ....................................................................................................................1 1.1 SUMMARY .......................................................................................................1 1.2 RELATED SECTIONS .....................................................................................1 1.3 DEFINITIONS ...................................................................................................1 1.4 PROCEDURES..................................................................................................1 1.5 PROCESS OVERVIEW ....................................................................................2 1.6 ADDITIONAL INFORMATION ......................................................................3 2.0 PRODUCTS – NOT USED .........................................................................................4 3.0 EXECUTION – NOT USED .......................................................................................4 SECTION 01 32 16 CONSTRUCTION SCHEDULE .......................................................1 1.0 GENERAL ....................................................................................................................1 1.1 SUMMARY .......................................................................................................1 1.2 FORM OF SCHEDULES ..................................................................................1 1.3 CONTENT OF SCHEDULES ...........................................................................1 1.4 PROGRESS REVISIONS .................................................................................2 1.5 SUBMISSIONS .................................................................................................2 2.0 PRODUCTS - NOT USED ..........................................................................................3 3.0 EXECUTION ...............................................................................................................3 3.1 DISTRIBUTION................................................................................................3 SECTION 01 32 33 PHOTOGRAPHIC DOCUMENTATION ........................................1 1.0 GENERAL ....................................................................................................................1 1.1 DESCRIPTION..................................................................................................1 1.2 SUBMITTALS ..................................................................................................1 2.0 PRODUCTS – NOT USED .........................................................................................1 3.0 EXECUTION ...............................................................................................................1 3.1 EXISTING CONDITION PHOTOGRAPHS ....................................................1 3.2 PROGRESS PHOTOGRAPHS .........................................................................1 3.3 FINAL COMPLETION PHOTOGRAPHS .......................................................1 December 12, 2018 SECTION 01 33 00 SUBMITTAL PROCEDURES ..........................................................1 1.0 GENERAL ....................................................................................................................1 1.1 DESCRIPTION..................................................................................................1 1.2 SUBMITTAL REGISTRY AND SCHEDULE.................................................1 1.3 SHOP DRAWINGS ...........................................................................................2 1.4 PRODUCT DATA .............................................................................................3 1.5 SAMPLES..........................................................................................................4 1.6 QUALITY ASSURANCE AND QUALITY CONTROL SUBMITTALS.......5 1.7 CONTRACTOR RESPONSIBILITIES ............................................................5 1.8 SUBMITTAL PROCEDURES ..........................................................................7 1.9 RESUBMISSION REQUIREMENTS ..............................................................8 1.10 ENGINEER’S DUTIES .....................................................................................9 1.11 DISTRIBUTION..............................................................................................10 2.0 PRODUCTS – NOT USED .......................................................................................10 3.0 EXECUTION – NOT USED .....................................................................................10 SECTION 01 35 29 GENERAL HEALTH & SAFETY ....................................................1 1.0 GENERAL ....................................................................................................................1 1.1 DESCRIPTION..................................................................................................1 1.2 CONTRACTOR’S PROJECT SITE SPECIFIC PLAN ....................................1 1.3 AERIAL WORK PLATFORMS .......................................................................2 1.4 ASBESTOS........................................................................................................3 1.5 LEAD .................................................................................................................3 1.6 SITE VISITS ......................................................................................................3 1.7 CONFINED SPACE ..........................................................................................3 2.0 PRODUCTS – NOT USED .........................................................................................3 3.0 EXECUTION – NOT USED .......................................................................................3 SECTION 01 35 43 GENERAL ENVIRONMENTAL REQUIREMENTS ....................1 1.0 GENERAL ....................................................................................................................1 1.1 DESCRIPTION..................................................................................................1 1.2 RELATED SECTIONS .....................................................................................1 1.3 SUBMITTALS ..................................................................................................1 1.4 JOB SITE ADMINISTRATION .......................................................................1 1.5 NOISE AND VIBRATION ...............................................................................2 1.6 DUST CONTROL .............................................................................................2 1.7 PROTECTION OF THE ENVIRONMENT .....................................................2 1.8 HAZARDOUS OR TOXIC MATERIALS .......................................................3 1.9 DISPOSAL OF WASTE MATERIAL AND TITLE ........................................3 2.0 PRODUCTS – NOT USED .........................................................................................4 3.0 EXECUTION – NOT USED .......................................................................................4 December 12, 2018 SECTION 01 35 44 SPILL CONTROL ..............................................................................1 1.0 GENERAL ....................................................................................................................1 1.1 SPILL PREVENTION .......................................................................................1 1.2 SPILL CONTROL PROCEDURES ..................................................................1 1.3 SPILL REPORTING AND DOCUMENTATION ............................................4 2.0 PRODUCTS – NOT USED .........................................................................................5 3.0 EXECUTION – NOT USED .......................................................................................5 SECTION 01 41 00 REGULATORY REQUIREMENTS ................................................1 1.0 GENERAL ....................................................................................................................1 1.1 PERMITS AND LICENSES .............................................................................1 1.2 INSPECTIONS ..................................................................................................1 1.3 COMPLIANCE..................................................................................................1 1.4 OWNER’S REQUIREMENTS .........................................................................2 2.0 PRODUCTS – NOT USED .........................................................................................2 3.0 EXECUTION – NOT USED .......................................................................................2 SECTION 01 42 00 REFERENCES ....................................................................................1 1.0 GENERAL ....................................................................................................................1 1.1 INTENT OF CONTRACT DOCUMENTS.......................................................1 1.2 RELATED DOCUMENTS ...............................................................................2 1.3 DEFINITIONS ...................................................................................................2 1.4 OWNER AGREEMENTS .................................................................................4 1.5 INDUSTRY STANDARDS ..............................................................................4 1.6 ABBREVIATIONS AND ACRONYMS ..........................................................5 2.0 PRODUCTS - NOT USED ..........................................................................................7 3.0 EXECUTION - NOT USED ........................................................................................7 SECTION 01 45 00 QUALITY CONTROL .......................................................................1 1.0 GENERAL ....................................................................................................................1 1.1 DESCRIPTION..................................................................................................1 1.2 CONTROL OF ON-SITE CONSTRUCTION ..................................................1 1.3 TESTING ...........................................................................................................2 1.4 OWNER'S REPRESENTATIVE ......................................................................2 2.0 PRODUCTS – NOT USED .........................................................................................3 3.0 EXECUTION – NOT USED .......................................................................................3 December 12, 2018 SECTION 01 45 29 TESTING LABORATORY SERVICES ..........................................1 1.0 GENERAL ....................................................................................................................1 1.1 DESCRIPTION..................................................................................................1 1.2 QUALIFICATIONS OF LABORATORY ........................................................1 1.3 LABORATORY DUTIES .................................................................................2 1.4 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY ...............3 1.5 CONTRACTOR'S RESPONSIBILITIES .........................................................3 2.0 PRODUCTS – NOT USED .........................................................................................4 3.0 EXECUTION – NOT USED .......................................................................................4 SECTION 01 45 33 CODE REQUIRED SPECIAL INSPECTIONS AND PROCEDURES ............................................................................................................1 1.0 GENERAL ....................................................................................................................1 1.1 REQUIREMENTS .............................................................................................1 1.2 DEFINITIONS ...................................................................................................1 1.3 QUALIFICATIONS ..........................................................................................2 1.4 SUBMITTALS ..................................................................................................2 1.5 PAYMENT ........................................................................................................2 1.6 OWNER RESPONSIBILITIES .........................................................................2 1.7 CONTRACTOR RESPONSIBILITIES ............................................................2 1.8 LIMITS ON AUTHORITY ...............................................................................3 2.0 INSPECTIONS AND TESTING ................................................................................3 3.0 DOCUMENTATION ...................................................................................................3 3.1 RECORDS AND REPORTS .............................................................................3 3.2 COMMUNICATION .........................................................................................4 3.3 DISTRIBUTION OF REPORTS .......................................................................5 3.4 FINAL REPORT OF SPECIAL INSPECTIONS..............................................5 SECTION 01 66 00 STORAGE AND PROTECTION ......................................................1 1.0 GENERAL ....................................................................................................................1 1.1 DESCRIPTION..................................................................................................1 1.2 TRANSPORTATION AND HANDLING ........................................................1 1.3 ON-SITE STORAGE.........................................................................................1 1.4 PALM ROAD STORAGE .................................................................................2 1.5 PROTECTION ...................................................................................................2 1.6 PROTECTION AFTER INSTALLATION .......................................................3 2.0 PRODUCTS – NOT USED .........................................................................................4 3.0 EXECUTION – NOT USED .......................................................................................4 December 12, 2018 SECTION 01 77 00 PROJECT CLOSEOUT .....................................................................1 1.0 GENERAL ....................................................................................................................1 1.1 INSPECTIONS ..................................................................................................1 1.2 SUBMITTALS ..................................................................................................2 1.3 FINAL CLEAN UP ...........................................................................................2 2.0 PRODUCTS – NOT USED .........................................................................................3 3.0 EXECUTION – NOT USED .......................................................................................3 SECTION 01 78 36 WARRANTIES AND BONDS ...........................................................1 1.0 GENERAL ....................................................................................................................1 1.1 DESCRIPTION..................................................................................................1 1.2 SUMMARY .......................................................................................................1 1.3 DEFINITIONS ...................................................................................................1 1.4 QUALITY ASSURANCE .................................................................................2 1.5 WARRANTY REQUIREMENTS.....................................................................2 1.6 SUBMITTAL REQUIREMENTS .....................................................................3 1.7 SUBMITTALS REQUIRED .............................................................................4 2.0 PRODUCTS – NOT USED .........................................................................................4 3.0 EXECUTION ...............................................................................................................4 3.1 FORM OF SUBMITTALS ................................................................................4 3.2 TIME OF SUBMITTALS .................................................................................5 SECTION 01 78 39 RECORD DOCUMENTS...................................................................1 1.0 GENERAL ....................................................................................................................1 1.1 DESCRIPTION..................................................................................................1 1.2 MAINTENANCE OF DOCUMENTS AND SAMPLES..................................1 1.3 RECORDING ....................................................................................................1 1.4 SUBMITTAL .....................................................................................................2 2.0 PRODUCTS – NOT USED .........................................................................................3 3.0 EXECUTION – NOT USED .......................................................................................3 CORNELL UNIVERSITY SECTION 01 11 00 Ithaca, New York SUMMARY OF THE WORK HOY PARKING GARAGE SUMMARY OF WORK 01 11 00-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 11 00 SUMMARY OF WORK 1.0 GENERAL 1.1 DESCRIPTION A. Work to be Done 1. Perform repair to existing/damaged spandrel connections consisting of removing of the present connection hardware, installation of new engineered connections, and patching of concrete. 2. Perform partial depth concrete repairs at existing column inclusive of all shoring/bracing. 3. Remove the existing expansion joint seal at the plaza-to-spandrel panel interface and installation of a new seal. 4. Installation of the missing segment of the expansion joint cover. 5. Perform full-depth concrete repairs at isolated areas in conjunction with replacement of expansion joint seals in the repair areas. 6. Perform localized repairs to cracked/displaced brick masonry veneer elements consisting of a combination of crack stitching, pointing, and the installation of supplementary masonry wall ties. B. The Scope of the Work 1. The scope of the WORK in all SECTIONS of this Specification shall consist of the furnishing of all labor, materials, equipment and appliances and the performance of the Work required by the Contract Documents and/or by the conditions at the site, joining all parts of this Work with itself and the Work of others to form a complete, functioning entity. 2. Items not specifically mentioned in the Specifications or shown on the drawings, but which are inherently necessary to make a complete working installation, shall be included. CORNELL UNIVERSITY SECTION 01 11 00 Ithaca, New York SUMMARY OF THE WORK HOY PARKING GARAGE SUMMARY OF WORK 01 11 00-2 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 3. It is the intent and purpose of the Contract Documents to cover and include under each item all materials, machinery, apparatus, and labor necessary to properly install materials and equipment, adjust and put into perfect operation the respective portions of the installation specified and to so interconnect the various items or sections of the work as to form a complete and operating whole. Any equipment, apparatus, machinery, material and small items not mentioned in detail, and labor not hereinafter specifically mentioned, which may be found necessary to complete or perfect any portion of the installation in a substantial manner, and in compliance with the requirements stated, implied, or intended in the Contract Documents, shall be furnished without extra cost to the Owner. The Contractor shall provide the greatest quantity, highest quality, highest degree of safety, and most stringent material, equipment or Work. Should the Drawings or the Specifications disagree in themselves or with each other, the Contractor shall provide the better quality or greater quantity of work and/or materials unless otherwise directed by written addendum to the Contract. 1.2 WORK UNDER OTHER CONTRACTS A. The Contractor shall cooperate with other contracts performing related work, including providing labor, materials and other costs necessary to satisfactorily coordinate the Contract work with work performed under others contracts. 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ***END OF SECTION 01 11 00*** CORNELL UNIVERSITY SECTION 01 14 00 Ithaca, New York WORK RESTRICTIONS HOY PARKING GARAGE WORK RESTRICTIONS 01 14 00-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 14 00 WORK RESTRICTIONS 1.0 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this Section. 1.2 CONTRACTOR USE OF PREMISES A. All traffic and pedestrian control measures shall be compliant with the National Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and 17 NYCRR Chapter V (New York Supplement), (https://www.dot.ny.gov/mutcd) and all other local laws and regulations. B. The Contractor shall carry on the Work in the manner which will cause the least interruption to pedestrian and vehicular traffic and permit access of emergency vehicles at all times. C. The Work shall be scheduled and performed in such a manner that at least one lane of traffic will be maintained on all public streets. Two flag persons, equipped with radio communication devices, must be provided for any activity blocking a traffic lane. One lane of traffic must be maintained at all times. Where traffic must cross open trenches, the Contractor shall provide suitable bridges and railings; including pedestrian bridges. D. The Contractor shall maintain 20’ minimum fire lane access to all facilities in the area. E. The Contractor shall post and maintain flag persons and suitable signs indicating that construction operations are under way and other warning signs as may be required. F. The Contractor shall safeguard the use by the public and Owner of all adjacent highways, roadways and footpaths, outside the Contract Limit Lines (work area), and shall conform to all laws and regulations concerning the use thereof, especially limitations on traffic and the movement of heavy equipment. Access to the site for delivery of construction materials and/or equipment shall be made only at the locations shown in the Contract Documents or approved by the Owner’s Representative. G. The Contractor shall make every effort to keep dirt and debris from making its way to roadways. The Contractor shall immediately remove dirt and debris which may collect on permanent roadways due to the Work. H. The Contractor shall limit the extent of its activities to that area of the site defined on the Contract Drawings as being within the Contract Limit Lines. CORNELL UNIVERSITY SECTION 01 14 00 Ithaca, New York WORK RESTRICTIONS HOY PARKING GARAGE WORK RESTRICTIONS 01 14 00-2 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 I. For that portion of the Work required under this Contract which must be performed in other than the defined areas both on-site and off, including operations involving delivery and removal of materials, the Contractor shall schedule and coordinate its activities through the Owner's Representative, to meet the approval of the Owner and minimize disruption of the normal scheduled activities of the occupants of adjacent spaces. J. It is the Owner’s expectation that the Contractor will take protective measures to minimize damage caused by construction activities including, but not limited to, the use of personnel lifts, material handling equipment, on-site material storage, etc. All portions of the site, including the staging area and those areas affected by the work, shall be returned to their original condition after completion of Work. Such repair work shall include lawn restoration and reseeding, if required, and shall be included in the Contractor's Guarantee of Work. K. Routes to and from the location of the Work shall be as indicated in the Contract or as directed by the Owner's Representative. Temporary roadways shall be closed only with prior approval of the Owner's Representative. L. Parking may be made available for staging at Palm Road or other pre-determined area for the duration of the project. The Contractor will be responsible for fencing, securing and maintaining the designated area. All vehicles at Palm Road must be registered with Transportation Services. 1.3 UNIVERSITY CLOSURES A. In the event of University closure, the Contractor should use their judgement, follow their internal guidance on continuity of operations, and the direction of law enforcement, as to whether or not they will maintain operations on construction sites on campus. They should make this decision with the awareness that Cornell response to any project needs (shutdowns, emergencies) will not possible and the maintenance of roads and walks will not be to normal operating standards. B. With your safety as a top priority, the Cornell University Police allows you the ability to take advantage of our Emergency Mass Notification System that enables your cellphone to become a personal safety device for you. Contractor’s wishing to participate may text the following: CornellAlert to 67283 and you will be set up to receive alert messages. Be advised that you may stop receiving messages at any time by sending “stop” to CornellAlert. There will also be a system generated “stop” every year on August 1st at which point you will need to send the text CornellAlert to re-enlist. 1.4 WATER USE RESTRICTION A. The Contractor shall adhere to any University issued Water Use Restrictions in place at the time of construction. CORNELL UNIVERSITY SECTION 01 14 00 Ithaca, New York WORK RESTRICTIONS HOY PARKING GARAGE WORK RESTRICTIONS 01 14 00-3 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 1.5 PARKING A. The Contractor may park work and personal vehicles within Hoy Garage for the project. A “G Permit” is required for each vehicle and is available at Transportation Services for $151 per month. Personal vehicles may be parked at Palm Road for free. All vehicles at Palm Road must be registered with Transportation Services. B. The Contractor shall make all arrangements, and bear the cost, for transportation of all trade persons from Palm Road parking area to the construction site. C. It should be noted that there is a fee for all parking on the Cornell University campus. The Contractor is responsible for the payment for all parking costs imposed by the Owner. The Contractor should contact the Project Manager (Robert Murray) for additional information. The Contractor will be required to complete a “New Construction Employee Form” for each permit requested. This form may be found at http://finance.fs.cornell.edu/contracts/forms/contractors.cfm. D. Contractor shall cooperate with Transportation Services and/or other authorities having jurisdiction, as follows: 1. Ensure parking by all employees of the Contractor, subcontractors, material suppliers, and others connected with this project only within construction fence or the designated parking area. 2. Prohibit employees from parking in any other areas, roads, streets, grounds, etc. 3. Discharge any employee refusing to comply with these requirements. 4. Ensure proper transportation of personnel between the designated parking area and the construction site. E. The Contractor shall remove from the parking area and staging area all temporary trailers, rubbish, unused materials, and other materials belonging to the Contractor or used under the Contractor’s direction during construction or impairing the use or appearance of the property and shall restore such areas affected by the work to their original condition, and, in the event of its failure to do so, the same shall be removed by the Owner at the expense of the Contractor, and the Contractor shall be liable therefore. 1.6 CHANGEOVERS AND CONTINUITY OF SERVICES A. Make all changeovers, tie-ins and removals, etc., of any part of the Work that would affect the continuity of operation of the adjacent services at approved times that will not interfere with the Owner's operations. Secure approval of Owner before proceeding. B. Make all necessary temporary connections required to permit operation of the building services and/or equipment. Remove the connections after need has ceased. C. The Contractor may be permitted to make changeovers during normal working hours at the Owner’s discretion. Should the Contractor perform this Work outside of normal working hours, no extra payment will be made for resulting overtime expenses. CORNELL UNIVERSITY SECTION 01 14 00 Ithaca, New York WORK RESTRICTIONS HOY PARKING GARAGE WORK RESTRICTIONS 01 14 00-4 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 D. When connecting new facilities do not shut off any existing Mechanical/Electrical facilities or services without prior written approval of Owner's Representative. E. The Contractor shall not, except in an emergency condition, shutdown any utility without the express permission of the Owner's Representative. Major, affecting life safety or outside contract limit lines, shutdowns of utilities will be performed by Cornell University to enable Contractor to perform required work. Major shutdowns shall be defined as those affecting life safety or which are outside the project site limits. F. Maintain domestic water and firewater in service at all times. No service may be out for more than twenty-four (24) hours. Maintain firewater flow capability (hose, if necessary) to all buildings and coordinate with Cornell Utilities, Cornell Environmental Health and Safety (EH&S), and City of Ithaca Fire Department. G. All shutdowns to be scheduled a minimum of seven (7) calendar days in advance and requests shall be submitted via ePM system to the Owner’s Representative. H. IN THE EVENT OF AN EMERGENCY WHERE THE OWNER'S REPRESENTATIVE IS NOT AVAILABLE, THE CONTRACTOR SHALL DIAL 911 IMMEDIATELY. 1.7 OBSTACLES, INTERFERENCE AND COORDINATION A. General 1. Plans show general design arrangement. Install work substantially as indicated and verify exact location and elevations; DO NOT SCALE PLANS. 2. Due to small scale of Drawings, it is not possible to indicate all offsets, fittings, changes in elevations, interferences, etc. Make necessary changes in the Work, equipment locations, etc., after notification to the Owner's Representative and Engineer. Obtain approval from same, as part of Contract, to accommodate work to obstacles and interferences encountered. 3. Obtain written approval for all major changes before installing. If requested, submit drawings, detailing all such deviations or changes. 4. Exposed to view mechanical units, ductwork, conduit, pipes or other building equipment are essential parts of the artistic effect of the building design and shall be installed in locations as shown on the drawings. Conformance to given dimensions and alignments with the structural system, walls, openings, indicated centerlines are a requirement of the Contract and the Contractor shall familiarize himself with the critical nature of proper placement of these items. The Contractor shall notify the Engineer of conflicts which would cause such equipment to be installed in locations other than as indicated on the Drawings. The Contractor shall not proceed with the installation of exposed to view mechanical units, ductwork, conduit, pipes, etc. until all conflicts have been identified by the Contractor and resolutions to conflicts approved by the Engineer. CORNELL UNIVERSITY SECTION 01 14 00 Ithaca, New York WORK RESTRICTIONS HOY PARKING GARAGE WORK RESTRICTIONS 01 14 00-5 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 B. Interference 1. Install work so that all items are operable and serviceable and avoid interfering with removal of rails, filters, belt guards and/or operation of doors, etc. Provide easy and safe access to valves, controllers, motor starters and other equipment requiring frequent attention. 1.8 EQUIPMENT ARRANGEMENTS A. Since all equipment of equal capacity is not necessarily of same arrangement, size of construction, these Plans are prepared on basis of one manufacturer as "basis-of-design equipment", even though other manufacturers' names are mentioned. B. If Contractor elects to use specified equipment other than "design equipment" which differs in arrangement, size, etc., the Contractor does so subject to following conditions: 1. Submit detailed drawings indicating proposed installations of equipment and showing maintenance and service space required. 2. If revised arrangement meets approval, make all required changes in the work of all trades, including but not limited to louvers, panels, structural supports, pads, etc. at no increase in Contract. Provide larger motors and any additional control devices, valves, fittings and other miscellaneous equipment required for proper operation of revised layout, and assumes responsibility for proper location of roughing in and connections by other trades. 3. If revised arrangement does not meet approval because of increase in pressure loss, possibility of increase in noise, lack of space or headroom, insufficient clearance for removal of parts, or for any other reason, provide equipment which conforms to Contract Drawings and Specifications. 1.9 EXISTING EQUIPMENT, MATERIALS, FIXTURES, ETC. A. Where existing equipment, piping, fittings, etc. are to be removed, Contractor shall submit complete list to Owner. All items that Owner wishes to retain shall be carefully removed and salvaged and delivered to building storage where directed by Owner. Items that Owner does not wish to retain shall be removed from the site and legally disposed. 1.10 EXAMINATION OF PREMISES, DRAWINGS, ETC. A. Before Submitting Proposal 1. Examine all Drawings and Specifications relating to Work of all trades to determine scope and relation to other work. 2. Examine all existing conditions affecting compliance with Plans and Specifications, by visiting site and/or building. 3. Ascertain access to site, available storage and delivery facilities. B. Before Commencing Work on Any Phase or in any Area CORNELL UNIVERSITY SECTION 01 14 00 Ithaca, New York WORK RESTRICTIONS HOY PARKING GARAGE WORK RESTRICTIONS 01 14 00-6 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 1. Verify all governing dimensions at site and/or building. 2. Inspect all adjacent work. C. Tender of Proposal Confirms Agreement 1. All items and conditions referred to herein and/or indicated on accompanying Drawings. 2. No consideration, additional monies or time extensions will be granted for alleged misunderstanding. D. Existing or Archived Drawings 1. Existing or Archived drawings of impacted buildings are appended in electronic format only for reference and informational purposes. These historic drawings are not to be considered contract drawings and are provided “FOR INFORMATION ONLY”. The Owner makes no representation as to the accuracy of the drawings as representing current conditions. 1.11 STAND DOWN DATES A. Strict and effective enforcement by Contractor’s management and supervision of the following dates and hours is required. 1. Stand-Down Dates (No construction work and no deliveries on site): a. Commencement Weekend  Saturday, May 25, 2019  Sunday, May 26, 2019 b. Reunion Weekend  Saturday, June 8, 2019  Sunday, June 9, 2019 2. Restricted Work Dates (delivery & demolition restrictions but otherwise work as usual): Friday, May 24, 2019 Commencement weekend- deliveries and work outside fence stop at noon Thursday, Friday June 6 - 7, 2019 Reunion guest arrivals- no work outside fence; no demo or utility work inside fence Friday, June 7, 2019 Reunion weekend- deliveries and work outside fence stop at noon CORNELL UNIVERSITY SECTION 01 14 00 Ithaca, New York WORK RESTRICTIONS HOY PARKING GARAGE WORK RESTRICTIONS 01 14 00-7 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 1.12 WORKING HOURS A. Normal work hours are 7AM-dusk Monday-Saturday except during above noted restrictions. This means that Contractor shall not permit any noise generating activities that could disturb campus occupants or residents to take place outside of these hours. Should any conditions necessitate work to extend beyond these hours – Contractor may submit a detailed request with reasonable advance notice to Cornell. Cornell (at its sole discretion) may issue a written relaxation of the above but Contractor is advised never to assume that it will be granted. 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ***END OF SECTION 01 14 00*** CORNELL UNIVERSITY SECTION 01 22 00 Ithaca, New York UNIT PRICING HOY PARKING GARAGE UNIT PRICING 01 22 00-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 22 00 UNIT PRICING 1.0 GENERAL 1.1 RELATED DOCUMENTS A. This Section describes Unit Pricing requested by the Owner. B. The Specification Section containing the pertinent requirements of materials and methods to achieve the Work described herein. 1.2 DESCRIPTION OF REQUIREMENTS A. Definition: Unit price is an amount proposed by bidders, stated on the Bid Form, as a price per unit of measurement for materials or services added to or deducted from the Contract Sum by appropriate modification, if estimated quantities of Work required by the Contract Documents are increased or decreased. B. Procedures. Unit Prices are for work complete, measured in place and cover profit and all other costs and expenses of the subcontractor. Unit Prices include, without limit, all conditions of the contract and all general requirements such as layout, reproduction of Drawings and Specifications, testing and inspection, shop drawing and sample coordination, supervision (field and home office), small tools and expendable items, insurance, taxes, temporary facilities and services, including access and safety, "as-built" drawings, and general and administrative overhead and profit of the subcontractor. C. To the extent that a subcontractor's Unit Prices are applicable, as determined by the Engineer and Cornell University, work shall be priced and paid for or credited in accordance with such Unit Prices. Said Unit Prices shall be valid for the duration of the subcontractor's activity on the project as applicable, unless stipulated elsewhere in the Contract Documents. 2.0 PRODUCTS – NOT USED 3.0 EXECUTION 3.1 SCHEDULE OF UNIT PRICES A. Unit Price 1 (UP-1) Precast concrete connection repair (Type 1) according to Detail 5/S2, per each location. B. Unit Price 2 (UP-2) Concrete partial depth repair according to Detail E/S5, per square foot. CORNELL UNIVERSITY SECTION 01 22 00 Ithaca, New York UNIT PRICING HOY PARKING GARAGE UNIT PRICING 01 22 00-2 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 C. Unit Price 3 (UP-3) Concrete partial depth repair with new reinforcement according to Detail F/S5 per square foot. D. Unit Price 4 (UP-4) Concrete partial depth repair according to detail G/S5, per square foot. ***END OF SECTION 01 22 00*** CORNELL UNIVERSITY SECTION 01 25 00 Ithaca, New York SUBSTITUTIONS AND PRODUCT OPTIONS HOY PARKING GARAGE SUBSTITUTIONS AND 01 25 00-1 PLANNED MAINTENANCE 2019 PRODUCT OPTIONS DECEMBER 12, 2018 SECTION 01 25 00 SUBSTITUTIONS AND PRODUCT OPTIONS 1.0 GENERAL 1.1 DESCRIPTION A. The Contractor shall furnish and install the products specified, under the options and conditions for substitutions stated in this Section. 1.2 DEFINITIONS A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. 1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions that are beyond the Contractor’s control, such as unavailability of product, or regulatory changes. a. Products that are not available from Contractor’s preferred suppliers does not constitute unavailability of product. 2. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required in order to meet other Project requirements but may offer advantage to Contractor or Owner. B. Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. 1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature that is current as of date of the Contract Documents. 2. New Products: Items that have not previously been incorporated into another project or facility. Items salvaged from other projects are not considered new products. Items that are manufactured or fabricated to include recycled content materials are considered new products, unless indicated otherwise. 3. Comparable Product: Product that is demonstrated and approved through submittal process to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product. CORNELL UNIVERSITY SECTION 01 25 00 Ithaca, New York SUBSTITUTIONS AND PRODUCT OPTIONS HOY PARKING GARAGE SUBSTITUTIONS AND 01 25 00-2 PLANNED MAINTENANCE 2019 PRODUCT OPTIONS DECEMBER 12, 2018 C. Basis-of-Design Product Specification: A specification in which a specific manufacturer's product is named and accompanied by the words "basis-of-design product," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of additional manufacturers named in the specification. 1.3 ACTION SUBMITTALS A. Substitution Requests: Submit indicated number of copies of each Substitution Request Form, attached hereto, for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. In addition to submission of Substitution Request Form, substitutions shall be listed on the Bid Form with description, specification references, and corresponding change in base bid 1.4 PRODUCTS LIST A. Within thirty (30) days after the award of Contract, submit to the Engineer five copies of a complete list of products which are proposed for installation. B. Tabulate the products by listing under each specification section title and number. C. For products specified only by reference standards, list for each such product: 1. Name and address of the manufacturer. 2. Trade name. 3. Model or catalog designation. 4. Manufacturer's data: a. Reference standards. b. Performance test data. 1.5 QUALITY ASSURANCE A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency to perform compatibility tests recommended by manufacturers. B. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options. 1. Contractor is responsible for providing products and construction methods compatible with other products and construction methods. CORNELL UNIVERSITY SECTION 01 25 00 Ithaca, New York SUBSTITUTIONS AND PRODUCT OPTIONS HOY PARKING GARAGE SUBSTITUTIONS AND 01 25 00-3 PLANNED MAINTENANCE 2019 PRODUCT OPTIONS DECEMBER 12, 2018 2. If a dispute or compatibility issue arises over concurrently selectable but incompatible products, Engineer will determine which products shall be used. 1.6 PROCEDURES A. Coordination: Modify or adjust affected work as necessary to integrate work of accepted substitutions and approved comparable products. 1.7 EQUIVALENTS – APPROVED EQUAL A. Equivalents or Approvals - General 1. The words “similar and equal to”, or “or equal”, “equivalent” and such other words of similar content and meaning shall for the purposes of this Contract be deemed to mean similar or equivalent to one of the named products. For the purposes of Paragraph A and B of this Section 1.4 and for the purposes of Bidding Documents, the word “products” shall be deemed to include the words “articles”, “materials”, “items”, “equipment” and “methods”. Whenever in the Contract documents one or more products are specified, the words “similar and equal to” shall be deemed inserted. 2. Whenever any product is specified in the Contract documents by a reference to the name, trade name, make or catalog number of any manufacturer or supplier, the intent is not to limit competition, but to establish a standard of quality which the Engineer has determined is necessary for the Project. The Contractor may at its option use any product other than that specified in the Contract Documents provided the same is approved by the Engineer in accordance with the procedures set forth in Paragraph B of this Section 1.4. In all cases the Engineer shall be the sole judge as to whether a proposed product is to be approved and the Contractor shall have the burden of proving, at its own cost and expense, to the satisfaction of the Engineer, that the proposed product is similar and equal to the named product. In making such determination the Engineer may establish such objective and appearance criteria as it may deem proper that the proposed product must meet in order for it to be approved. 3. Nothing in the Contract Documents shall be construed as representing, expressly or implied, that the named product is available or that there is or there is not a product similar and equal to any of the named products and the Contractor shall have and make no claim by reason of the availability or lack of availability of the named product or of a product similar and equal to any named product. 4. The Contractor shall have and make no claim for an extension of time or for damages by reason of the time taken by the Engineer or by reason of the failure of the Engineer to approve a product proposed by the Contractor. 5. Request for approval of proposed equivalents will be received by the Engineer only from the Contractor. CORNELL UNIVERSITY SECTION 01 25 00 Ithaca, New York SUBSTITUTIONS AND PRODUCT OPTIONS HOY PARKING GARAGE SUBSTITUTIONS AND 01 25 00-4 PLANNED MAINTENANCE 2019 PRODUCT OPTIONS DECEMBER 12, 2018 B. Equivalents or Approvals After Bidding 1. Request for approval of proposed equivalents will be considered by the Engineer after bidding only in the following cases: (a) the named product cannot be obtained by the Contractor because of strikes, lockouts, bankruptcies or discontinuance of manufacturer and the Contractor makes a written request to the Engineer for consideration of the proposed equivalent within ten (10) calendar days of the date it ascertains it cannot obtain the named product; or (b) the proposed equivalent is superior, in the opinion of the Engineer, to the named product; or (c) the proposed equivalent, in the opinion of the Engineer, is equal to the named product and its use is to the advantage of the Owner, e.g., the Owner receives an equitable credit, acceptable to it, as a result of the estimated cost savings to the Contractor from the use of the proposed equivalent or the Owner determines that the Contractor has not failed to act diligently in placing the necessary purchase orders and a savings in the time required for the completion of the construction of the Project should result from the use of the proposed equivalent; or (d) the proposed equivalent, in the opinion of the Engineer, is equal to the named product and less than ninety (90) calendar days have elapsed since the Notice of Award of the Contract. 2. Where the Engineer pursuant to the provisions of this Section 1.4 approves a product proposed by the Contractor and such proposed product requires a revision or redesign of any part of the work covered by this Contract, all such revision and redesign and all new Drawings and details required therefore shall be subject to approval of the Engineer and shall be provided by the Contractor at its own cost and expense. 3. Where the Engineer pursuant to the provisions of this Section approves a product proposed by the Contractor and such proposed product requires a different quantity and/or arrangement of duct work, piping, wiring, conduit or any other part of the work from that specified, detailed or indicated in the Contract Documents, the contractor shall provide the same at its own cost and expense. 1.8 CONTRACTOR'S OPTIONS A. For products specified only by reference standard, select any product meeting that standard, by any manufacturer. B. For products specified by naming several products or manufacturers, select any one of products and manufacturers named. 1. Products: a. Restricted List (Products): Where Specifications include paragraphs or subparagraphs titled “Products” or that include the phrase “provide one of the following”, and include a list of names of both manufacturers and products, provide one of the products listed that complies with requirements. Comparable products for Contractor's convenience will not be considered. - Substitutions may be considered, unless otherwise indicated. CORNELL UNIVERSITY SECTION 01 25 00 Ithaca, New York SUBSTITUTIONS AND PRODUCT OPTIONS HOY PARKING GARAGE SUBSTITUTIONS AND 01 25 00-5 PLANNED MAINTENANCE 2019 PRODUCT OPTIONS DECEMBER 12, 2018 b. Non-restricted List (Available Products): Where Specifications include paragraphs or subparagraphs titled “Available Products” or that include the phrase “include, but are not limited to, the following”, and include a list of names of both available manufacturers and products, provide one of the products listed, or an unnamed product, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product. 2. Manufacturers: a. Restricted List (Manufacturers): Where Specifications include paragraphs or subparagraphs titled “Manufacturers” or that include the phrase “provide products by one of the following”, and include a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with requirements. Comparable products for Contractor's convenience will not be considered. - Substitutions may be considered, unless otherwise indicated. b. Non-restricted List (Available Manufacturers): Where Specifications include paragraphs or subparagraphs titled “Available Manufacturers” or that include the phrase “include, but are not limited to, the following”, and include a list of available manufacturers, provide a product by one of the manufacturers listed, or a product by an unnamed manufacturer, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed manufacturer's product. 3. Basis-of-Design Product: Where Specifications name a product, or refer to a product indicated on Drawings, and include a list of manufacturers, provide the specified or indicated product or a comparable product by one of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. a. Restricted List (List of Manufacturers): Where Specifications include paragraphs or subparagraphs titled “Basis-of-Design Product”, and include a list of other manufacturers' names, provide the specified or indicated product or a comparable product by one of the other named manufacturers that complies with requirements. - Comply with requirements in "Comparable Products" Article for consideration of an unnamed product by one of the other named manufacturers. - Substitutions may be considered, unless otherwise indicated. b. Non-restricted List (No List of Manufacturers): Where Specifications include paragraphs or subparagraphs titled “Basis-of-Design Product”, and do not include a list of other manufacturers’ names, provide the specified or indicated product or a comparable product by another manufacturer that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed manufacturer's product. CORNELL UNIVERSITY SECTION 01 25 00 Ithaca, New York SUBSTITUTIONS AND PRODUCT OPTIONS HOY PARKING GARAGE SUBSTITUTIONS AND 01 25 00-6 PLANNED MAINTENANCE 2019 PRODUCT OPTIONS DECEMBER 12, 2018 C. For products specified by naming one or more products or manufacturers and stating "or equal", the Contractor shall submit a request as for substitutions, for any product or manufacturer not specifically named. Such substitution shall have been listed on Bid Form as required in Instructions to Bidders. If not so listed, no substitution will be allowed. D. For products specified by naming only one product and manufacturer, no option and no substitution will be considered unless listed on the Bid Form as provided in the Instructions to Bidders. Base Bid must include the specified product or manufacturer. Substitutions will be at the sole discretion of the Owner. 1.9 SUBSTITUTIONS A. Substitutions for Cause: Submit requests for substitution immediately on discovery of need for change, but not later than 21 days prior to time required for preparation and review of related submittals. B. Substitutions for Convenience: Submit requests for substitution within thirty (30) days of contract award. C. Submit a separate request for each substitution. Support each request with: 1. Completed "Request for Substitution" form in eBuilder. A request for substitution of a product, material, or process for that specified in the Contract Documents must be formally submitted as such accompanied by evidence that the proposed substitution ﴾1﴿ is equal in quality and serviceability to the specified item; ﴾2﴿ will not entail changes in detail and construction of Other Work; ﴾3﴿ will be acceptable to the Engineer and Owner's Design Consultant's in achieving design and artistic intent; and ﴾4﴿ will not result in a cost and/or schedule disadvantage. 2. Complete data substantiating compliance of the proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature; identify: - Product description. - Reference standards. - Performance and test data. c. Samples, as applicable. d. Name and address of similar projects on which product has been used, and the date of each installation. 3. An itemized comparison of the proposed substitution with the product specified listing any variations. 4. Data relating to any changes in the construction schedule. CORNELL UNIVERSITY SECTION 01 25 00 Ithaca, New York SUBSTITUTIONS AND PRODUCT OPTIONS HOY PARKING GARAGE SUBSTITUTIONS AND 01 25 00-7 PLANNED MAINTENANCE 2019 PRODUCT OPTIONS DECEMBER 12, 2018 5. The effect of the substitution on each separate contract of the Project. 6. List any changes required in other work or projects. 7. Designate any required license fees or royalties. 8. Designate availability of maintenance services, and source of replacement materials. D. Substitutions shall not result in additions to the Contract Sum. E. Substitutions will not be considered as having been accepted when: 1. They are indicated or implied on shop drawings or product data submittals without a formal request from the Contractor. 2. They are requested by a subcontractor or supplier. 3. The acceptance will require substantial revision of Contract Documents. F. Substitute products shall not be ordered or installed without written acceptance of the Owner. G. The Owner and the Engineer shall be the sole judges of the acceptability of a proposed substitution. 1.10 COMPARABLE PRODUCTS A. Conditions for Consideration: Contractor's request for approval of comparable product will be considered when the following conditions are satisfied. If the following conditions are not satisfied, Engineer may reject or return requests without action, except to record noncompliance with these requirements. Where products or manufacturers are specified by name, submit the following, in addition to other required submittals, to obtain approval of an unnamed product or manufacturer: 1. Evidence that the proposed product does not require revisions to the Contract Documents that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work. 2. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the product specified. 3. Evidence that proposed product provides specified warranty. 4. List of similar installations for completed projects with project names and addresses and names and addresses of engineers and owners, if requested. 5. Samples, if requested. CORNELL UNIVERSITY SECTION 01 25 00 Ithaca, New York SUBSTITUTIONS AND PRODUCT OPTIONS HOY PARKING GARAGE SUBSTITUTIONS AND 01 25 00-8 PLANNED MAINTENANCE 2019 PRODUCT OPTIONS DECEMBER 12, 2018 1.11 CONTRACTOR'S REPRESENTATION A. In making a formal request for a substitution the Contractor represents that: 1. By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor thereby represents that he has determined and verified all dimensions, quantities, field dimensions, relations to existing work, coordination with work to be installed later, coordination with information on previous Shop Drawings, Product Data, or Samples and compliance with all the requirements of the Contract Documents. The accuracy of all such information is the responsibility of the Contractor. 2. The Contractor has personally investigated the proposed product and has determined that it is equal to or superior in all respects to that specified. 3. The Contractor will provide the same warranties or bonds for the substitution as for the product specified. 4. The Contractor will coordinate the installation of an accepted substitution into the Work, and will make such changes as may be required for the Work to be complete in all respects. 5. The Contractor waives all claims for additional costs related to the substitution which may subsequently become apparent. 1.12 ENGINEER'S DUTIES A. Review Contractor's requests for substitutions with reasonable promptness. B. Transmit evaluations and recommendations to the Owner, so that the Owner can notify the Contractor of the decision for acceptance or rejection of the request for substitution. 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ***END OF SECTION 01 25 00*** CORNELL UNIVERSITY SECTION 01 31 19 Ithaca, New York PROJECT MEETINGS HOY PARKING GARAGE PROJECT MEETINGS 01 31 19-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 31 19 PROJECT MEETINGS 1.0 GENERAL 1.1 DESCRIPTION A. The Owner will schedule and administer pre-construction meeting, periodic progress meetings, and specially called meetings throughout the progress of the work. 1. Prepare agenda for meetings. 2. Distribute written notice of each meeting four days in advance of meeting date. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record the minutes; include all significant proceedings and decisions. 6. Duplicate and distribute copies of minutes after each meeting. a. To all participants in the meeting. b. To all parties affected by decisions made at the meeting. c. To the Engineer. B. Representatives of Contractor, subcontractors and suppliers attending the meetings shall be qualified and authorized to act on behalf of the entity each represents. 1.2 PRE-CONSTRUCTION MEETING A. Schedule at least fifteen (15) days after date of Notice to Proceed. B. Location: A central site, convenient for all parties. C. Attendance: 1. Owner's Representative(s) 2. Contractor(s) 3. Engineer and its professional consultants 4. Major Subcontractors 5. Major suppliers 6. Safety Representatives for the Owner and Contractor CORNELL UNIVERSITY SECTION 01 31 19 Ithaca, New York PROJECT MEETINGS HOY PARKING GARAGE PROJECT MEETINGS 01 31 19-2 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 D. Minimum Agendum: 1. Distribution and discussion of: a. List of major subcontractors and suppliers b. Projected Construction Schedules 2. Critical work sequencing a. Identification of major shut downs and approximate schedule 3. Major equipment deliveries and priorities 4. Project Coordination a. Designation of responsible personnel 5. Procedures and processing of: a. Field decisions b. Proposal requests c. Submittals d. Change Orders e. Applications for Payment f. Requests for Information g. Daily Reports 6. Adequacy of distribution of Contract Documents 7. Procedures for maintaining Record Documents 8. Use of premises: a. Office, work and storage areas b. Owner's requirements c. Job site personnel conduct d. Building access and security 9. Temporary utilities 10. Safety and first-aid procedures a. Contractor’s Project Site Specific Plan CORNELL UNIVERSITY SECTION 01 31 19 Ithaca, New York PROJECT MEETINGS HOY PARKING GARAGE PROJECT MEETINGS 01 31 19-3 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 11. Security procedures 12. Housekeeping procedures 13. Affirmative Action Plan and Reporting requirements 1.3 PROGRESS MEETINGS A. Schedule regular periodic meetings on the site, not less than once every two weeks throughout the Construction period. B. Attendance: 1. Engineer 2. General Contractor, including Site Superintendent 3. Owner's Representatives 4. Subcontractors as appropriate to the agenda 5. Suppliers as appropriate to the agenda 6. Safety Representative C. Minimum Agenda: 1. Review, approval of minutes of previous meeting 2. Review percentage of work to be in place by next meeting by individual trades 3. Review of work progress since previous meeting 4. Field observations, problems, and conflicts 5. Problems which impede Construction Schedule 6. Review of off-site fabrication, delivery schedules 7. Corrective measures and procedures to regain projected schedule 8. Revisions to Construction Schedule 9. Planned progress and schedule, during succeeding work period 10. Coordination of schedules 11. Review submittal schedules; expedite as required 12. Maintenance of quality standards 13. Review status of all issued proposal requests and change orders CORNELL UNIVERSITY SECTION 01 31 19 Ithaca, New York PROJECT MEETINGS HOY PARKING GARAGE PROJECT MEETINGS 01 31 19-4 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 14. Review proposed changes for: a. Effect on Construction Schedule and on completion date b. Effect on other contracts of the Project 15. Other business D. All decisions, instructions, and interpretations given by the Engineer/Engineer or its representative at these meetings shall be binding and conclusive on the Contractor. 1.4 PRE-INSTALLATION CONFERENCE(S) A. The Contractor to hold pre-installation conferences where required by individual specification sections or others at the discretion of the Owner. Minimum attendees would be Engineer and/or their specific sub-consultant, Owner, Contractor, Subcontractor, key Suppliers, testing & inspection firm, Facilities Engineering subject matter expert, etc. Minimum agenda would include review of key submittals, RFI’s, safety, logistics, material procurement, quality control, etc. Contractor to assemble and distribute the Agenda minimum 48 hours prior to meeting as well as distribute meeting minutes a minimum of seven (7) calendar days after the meeting. B. Submit a list of pre-installation meetings with preliminary dates within fifteen (15) days of issuance of the Notice to Proceed. 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ****END OF SECTION 01 31 19*** CORNELL UNIVERSITY SECTION 01 31 50 Ithaca, New York ELECTRONIC PROJECT MANAGEMENT HOY PARKING GARAGE ELECTRONIC PROJECT MANAGEMENT 01 31 50-1 PLANNED MAINTENANCE 2019 (ePM) SYSTEM DECEMBER 12, 2018 SECTION 01 31 50 ELECTRONIC PROJECT MANAGEMENT 1.0 GENERAL 1.1 SUMMARY A. Owner Provided System: The Contractor will utilize the Owner’s electronic Project Management (e-PM) system eBuilder on this project. 1. The Owner shall manage the day to day use of the Owner provided ePM system and organize the training, support and maintenance of the ePM Website System for the entire project team for the period of its use on the Project. B. There are no fees to utilize this system. 1.2 RELATED SECTIONS A. General Conditions Article 9 – Coordination and Cooperation. B. Section 01 33 00 – Submittal Procedures 1.3 DEFINITIONS A. ePM: defined as an internet-based information and project communication system that allows the entire project team to collaborate in a centralized and secured repository. All project-specific correspondence, workflow processes, and documentation will be stored and routed within the ePM system. 1.4 PROCEDURES A. Users will be provided a username and password. The Contractor shall log into the e-PM system to enter the Project Documentation listed in section 2.0. All correspondence should be communicated through the e-PM system. B. Training 1. The Owner will hold training sessions to familiarize team members with the system, and all Contractor staff are expected to attend one of these sessions or otherwise receive proper training on the system’s use. All cost for personnel time and travel to attend the training as needed shall be included in the Contractor’s proposal C. The Contractor shall provide on-site personnel with personal computer(s) and personal computer equipment that will allow the Contractor’s personnel to access and use the ePM Website System in a timely and efficient manner. At a minimum the Contractor is to provide the following equipment and software: 1. Web Browser: with high-speed connection, up/down loading capability CORNELL UNIVERSITY SECTION 01 31 50 Ithaca, New York ELECTRONIC PROJECT MANAGEMENT HOY PARKING GARAGE ELECTRONIC PROJECT MANAGEMENT 01 31 50-2 PLANNED MAINTENANCE 2019 (ePM) SYSTEM DECEMBER 12, 2018 2. Color printer and plotter capable of full-size document production 3. Scanner: capable of scanning a high volume of project documents clearly and quickly 4. Digital Camera: (1) single lens reflex (SLR) type camera 5. Portable Document Format (PDF) Reader/writer software D. Contractor shall log on to the ePM Website System on a daily basis, and as necessary to be kept fully appraised of the project developments, correspondence, assigned tasks and other matters that occur on the site. These may include but are not limited to RFI’s, action items, meeting minutes, discussion threads, schedule updates, submittals, submittal log, punch list items, daily reports, site photos and/or videos and pre- construction surveys. 1.5 PROCESS OVERVIEW A. The Contractor is required to timely and accurately post, review, respond, and collaborate with other team members using the following features and/or workflow processes within the ePM system. B. Project Team Directory – Contractor shall provide an updated directory of contact information for all companies, subcontractors and project team members who are engaged on this project. C. Request for Information (RFI): All project RFI’s will be submitted using the ePM Website System. The submission of a Request for Information (RFI) is the Contractor’s exclusive means of requesting information from the Owner and/or Engineer. Attachments to RFI’s (which may include sketches, photographs, documentation, and the like, will be uploaded to the ePM Website System and attached to the RFI electronically. D. Meeting Minutes: Contractor shall enter meeting agendas, records and minutes in the system for all applicable meetings as designated by the Owner. E. General Communications, memorandums and Letters (Project Correspondence): Shall be created in or posted to the ePM Website System in PDF format electronically linked to action items. These action items shall include names of party (ies) required to respond, time frame within which action is to be taken and any solutions the Contractor recommends. F. Drawings and Specifications: The Contract Documents will be posted to the ePM Website System as directed by the Owner. The Owner shall retain the right to assign download rights to active CAD or model files. CAD or model files, in any format, posted to the ePM Website System are for viewing and printing only and cannot be edited. G. Submittals: All submittals shall be fully electronic. Reference Section 01 33 00. H. Submittal Schedule and Log: Contractor shall post and/or update on a daily basis. CORNELL UNIVERSITY SECTION 01 31 50 Ithaca, New York ELECTRONIC PROJECT MANAGEMENT HOY PARKING GARAGE ELECTRONIC PROJECT MANAGEMENT 01 31 50-3 PLANNED MAINTENANCE 2019 (ePM) SYSTEM DECEMBER 12, 2018 I. Field Reporting: The Contractor shall post and/or update on a daily basis all reports required by other specification sections. These reports include, but are not limited to, daily construction reports, material location reports, unusual event reports, safety and accident reports. J. Project Photographs: Contractor shall upload project photographs to the ePM system, field by date and type including but not limited to: 1. General Progress Photographs 2. RFI Issues 3. Non-Conforming Work 4. Special Events 5. As required by individual Specification Sections K. Project Schedule: The contractor shall post, distribute, review, and/or respond to the project schedule, monthly updates, and any other schedule submittals onto the ePM in both native and PDF formats. L. Permits & Approvals: Contractor shall upload and maintain current copies of all permits and agency approvals that relate to the project. M. Issue Tracking: Contractor to log and respond to issues that are related and affect other stakeholders within the project team. N. Quality Assurance: The Owner and/or Engineer will issue reports on conforming items in the ePM system. The Contractor is required to review and respond with corrective actions in the system. O. Change Management – Cost Events and Change Orders will be managed by the e-PM system and the Contractor shall be responsible for reporting potential changes and logging Requests for Change Orders in the system. The Contractor shall also upload and manage all documentation supporting Requested Change Orders. P. Pay Applications Requests (Invoices) – The Contractor shall create and submit invoices for review by the Owner. Once the invoices are agreed to by the Owner then the invoices should be submitted electronically per the instructions for the ePM system. Q. Budget and Cost Management – Contractor to provide estimates and work breakdown structure (WBS) to provide Owner with accurate budget/cost analysis. 1.6 ADDITIONAL INFORMATION A. The Owner may change the standards for distribution and process prescribed above as required to suit the project. B. The Owner shall retain ownership of all data entered into either system and shall administrate and distribute all information contained therein. CORNELL UNIVERSITY SECTION 01 31 50 Ithaca, New York ELECTRONIC PROJECT MANAGEMENT HOY PARKING GARAGE ELECTRONIC PROJECT MANAGEMENT 01 31 50-4 PLANNED MAINTENANCE 2019 (ePM) SYSTEM DECEMBER 12, 2018 C. The Contractor shall make certain that all subcontractors performing significant work on the project shall actively participate in the e-PM system. Requirements for participation in the e-PM system shall be made part of each bid document and final contract. 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ****END OF SECTION 01 31 50*** CORNELL UNIVERSITY SECTION 01 32 16 Ithaca, New York CONSTRUCTION SCHEDULE HOY PARKING GARAGE CONSTRUCTION SCHEDULE 01 32 16-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 32 16 CONSTRUCTION SCHEDULE 1.0 GENERAL 1.1 SUMMARY A. The Contractor shall, within fourteen (14) calendar days of Notice to Proceed, prepare and submit to the Owner estimated construction progress schedules for the entire Work, with sub-schedules of related activities which are essential to the progress of the Work. B. Conferences will be held with the Engineer, Owner and Contractor at the start of the project to agree mutually on a progress schedule which must be diligently followed. C. Submit revised progress schedules periodically and when requested to do so by Owner. D. Submit to Owner and Engineer a cash flow projection in accordance with Schedule of Values. E. Submit electronic versions of all schedules, including updates, as well as all back-up to the submitted schedules. 1.2 FORM OF SCHEDULES A. Prepare Network Analysis system, or prepare schedules in the form of a horizontal bar chart. 1. Provide separate horizontal bar for each trade or operation. 2. Horizontal time scale: Identify the first work day of each week. 3. Scale and spacing: To allow space for notations and future revisions. B. Format of listings: The chronological order of the start of each item of work. C. Identification of listings: By specification section numbers. 1.3 CONTENT OF SCHEDULES A. Construction Progress Schedule: 1. Show the complete sequence of construction by activity. 2. Show the dates for the beginning, and completion of, each major element of construction. 3. Show projected percentages of completion for each item, as of the first day of each month. CORNELL UNIVERSITY SECTION 01 32 16 Ithaca, New York CONSTRUCTION SCHEDULE HOY PARKING GARAGE CONSTRUCTION SCHEDULE 01 32 16-2 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 4. Show estimated dates for the beginning and completion of work which must be completed by or coordinated with the Owner such as hazardous materials abatement, moving, training and other such items as they are identified. B. Submittals Schedule for Shop Drawings, Product Data and Samples: Confer with the Engineer and agree on all elements of the Submittals Schedule. The schedule will be based on the understanding that minimum turn-around time in the Engineer’s office is ten (10) working days. Some submittals or groups of submittals may take longer to review. Submittals which do not conform to the agreed schedule may be subject to delays in processing. Show: 1. The dates for Contractor's submittals. 2. The dates reviewed submittals will be required from the Engineer. 3. Confirmed lead time for manufacturing, production, fabrication and shipment to the project site of all materials which have an impact on the critical path of the Project's construction schedule. 1.4 PROGRESS REVISIONS A. Indicate progress of each activity to date of submission. B. Show changes occurring since previous submission of schedule: 1. Major changes in scope 2. Activities modified since previous submission 3. Revised projections of progress and completion 4. Other identifiable changes C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended, and its effect. 3. The effect of changes on schedules of other prime contractors. 1.5 SUBMISSIONS A. Submit initial Construction Progress Schedules within fifteen (15) calendar days after award of Contract. 1. Owner will review schedules and return review copy within ten (10) days after receipt. 2. If required, resubmit within seven (7) days after return of review copy. B. Submit progress revision schedules to accompany each application for payment. CORNELL UNIVERSITY SECTION 01 32 16 Ithaca, New York CONSTRUCTION SCHEDULE HOY PARKING GARAGE CONSTRUCTION SCHEDULE 01 32 16-3 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 C. Submit Submittals Schedule within thirty (30) calendar days after date of commencement of work. D. Submit one reproducible transparency and one opaque reproduction. 2.0 PRODUCTS - NOT USED 3.0 EXECUTION 3.1 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Owner Job Site personnel 2. Subcontractors 3. Other concerned parties B. Instruct recipients to report to the Contractor, in writing, any problems anticipated by the projections of the schedule. ***END OF SECTION 01 32 16*** CORNELL UNIVERSITY SECTION 01 32 33 Ithaca, New York PHOTOGRAPHIC DOCUMENTATION HOY PARKING GARAGE PHOTOGRAPHIC DOCUMENTATION 01 32 33-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 32 33 PHOTOGRAPHIC DOCUMENTATION 1.0 GENERAL 1.1 DESCRIPTION A. The Contractor shall provide existing condition photographs taken before commencement of Work, progress photographs taken periodically during progress of the Work, and final photographs upon completion and full occupancy of the building. 1.2 SUBMITTALS A. Progress Submittals 1. Submit digital photograph electronic files, organizationally filed by week, to E-Builder within five (5) days of taking photographs. 2.0 PRODUCTS – NOT USED 3.0 EXECUTION 3.1 EXISTING CONDITION PHOTOGRAPHS A. Before commencement of selective demolition, take photographs of Project area and surrounding areas, including existing items to remain during construction. 3.2 PROGRESS PHOTOGRAPHS A. Photographs shall be taken weekly in a manner which completely documents the work. B. The photographs shall be submitted to the Owner at the end of the first week for review. 3.3 FINAL COMPLETION PHOTOGRAPHS A. Photographs shall be taken in a manner which completely documents the completed work, for submission as project record documents. ***END OF SECTION 01 32 33*** CORNELL UNIVERSITY SECTION 01 33 00 Ithaca, New York SUBMITTAL PROCEDURES HOY PARKING GARAGE SUBMITTAL PROCEDURE 01 33 00-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 33 00 SUBMITTAL PROCEDURES 1.0 GENERAL 1.1 DESCRIPTION A. Section includes administrative and procedural requirements for submittals, including the following: 1. Shop Drawings 2. Product Data 3. Samples 4. Quality Assurance and Quality Control Submittals 5. Certification of Asbestos free products B. Designate in the construction schedule, and/or in a separate Submittals Schedule, the dates for submission and the dates reviewed Shop Drawings, Product Data and Samples will be needed. C. With the exception of physical samples and color charts, or as otherwise approved by the Owner, all submittals shall be electronic images in PDF format created electronically (saved with commenting allowed) which shall be submitted for review and approval via the electronic project management web site. PDFs shall be created directly from the native file format electronically. Scanning of paper to PDF shall be used minimally. Any non- electronic submittals shall be approved on a case by case basis and logged into the electronic management system as directed by a Cornell representative. 1.2 SUBMITTAL REGISTRY AND SCHEDULE A. The Engineer shall provide a draft submittal registry in the template needed for eBuilder importation. It will be part of the contract documents and turned over to the Contractor in native format for their use. The Contractor shall be responsible for review and completion of the registry including addition of dates identified below and other information as deemed necessary by the Owner. B. The submittal registry and schedule shall list all submittals required by the specifications, listed in order by the specification section in which they are required. Coordinate the Submittal Schedule with the Contractor's Critical Path Method Construction Schedule and other related documents. C. The Submittal Registry shall include the following information: 1. Title (by Engineer for Contractor review) CORNELL UNIVERSITY SECTION 01 33 00 Ithaca, New York SUBMITTAL PROCEDURES HOY PARKING GARAGE SUBMITTAL PROCEDURE 01 33 00-2 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 2. Related specification section and paragraph numbers (by Engineer for Contractor review) 3. Subsection (by Engineer for Contractor review) 4. Category of Submittal (Certification, Mock-Up, Operations/Maintenance Manual, Product Data, Sample, Shop Drawing, Test Report, As Built, etc.) (by Engineer for Contractor review) 5. Submittal Description including description of the part of the Work covered by the submittal (by Engineer for Contractor review) 6. Name of Subcontractor, if applicable (Contractor provided, optional) 7. Date due from Subcontractor (Contractor provided, optional) 8. Date due to be submitted for review (Contractor provided, required) 9. Date due for submittal review to be completed (Contractor provided, required) 10. Date for transmittal to Subcontractor (Contractor provided, optional) 11. Date for material or product delivery to project (Contractor provided, required) 12. Priority. Low, normal or high (Contractor provided, required) D. Schedule a resubmittal for each major submittal. Except where specified otherwise in the contract documents, provide review times for submittals in accordance with Submittal Procedures and Engineer’s Duties below. E. Distribution: Initially submit the Submittal Schedule to the Owner for review via the electronic Project Management system. A submittal schedule compliant with the requirements of this section showing all submittals for the preliminary schedule submission duration shall be submitted with the Contractor’s preliminary schedule submittal described in Section 01 32 16. The schedule shall also enumerate all submittals to be processed after the initial preliminary schedule submission duration period, although the date for these submittals does not have to be indicated. A final baseline submittal schedule showing all submittals for the entire project shall be included in the baseline schedule submittal described in section 01 32 16. F. Updating: The Submittal Schedule shall be kept up-to-date by the Contractor until all submittals are approved. Failure to provide the requested information, or delay in submitting required submittals may result in the payment request being returned to the Contractor until the required schedule or submittals are received. 1.3 SHOP DRAWINGS A. Drawings shall be newly prepared information drawn accurately to scale by skilled draftsperson and presented in a clear and thorough manner. 1. Highlight, encircle, or otherwise indicate deviations from Contract Documents. CORNELL UNIVERSITY SECTION 01 33 00 Ithaca, New York SUBMITTAL PROCEDURES HOY PARKING GARAGE SUBMITTAL PROCEDURE 01 33 00-3 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 2. Do not reproduce Contract Documents or copy standard information as basis of Shop Drawings. 3. Standard information prepared without specific reference to Project is not Shop Drawing. B. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns, templates and similar Drawings. Include the following information: 1. Dimensions. 2. Identification of products and materials included by sheet and detail number. 3. Compliance with specified standards. 4. Notation of coordination requirements. 5. Notation of dimensions established by field measurements. 6. Submittal: a. For electronic transmittal, submittals shall be distributed electronically via the electronic project management system and will be reviewed and returned electronically marked with action taken. b. Maintain returned document as a “Record Document”. 1.4 PRODUCT DATA A. Product Data includes brochures, diagrams, standard schedules, performance charts, and instructions that illustrate physical size, appearance and other characteristics of materials and equipment. All submittals shall identify all products as being asbestos free, see Section 01 35 29. B. Collect Product Data into a single submittal for each element of construction or system. 1. Clearly mark each copy to show applicable choices and options. Failure to do so will result in rejection of the submission. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. 4. Show wiring or piping diagrams and controls. 5. Where Product Data includes information on products that are not required, eliminate or mark through information that does not apply. 6. Supplement standard information to provide information specifically applicable to the Work. 7. Preliminary Submittal: Submit single copy of Product Data where selection of options by Engineer is required. CORNELL UNIVERSITY SECTION 01 33 00 Ithaca, New York SUBMITTAL PROCEDURES HOY PARKING GARAGE SUBMITTAL PROCEDURE 01 33 00-4 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 8. Submittals: a. For electronic transmittal, submittals shall be distributed electronically via the electronic project management system and will be reviewed and returned electronically marked with action taken. b. Maintain one (1) copy as a “Record Document”. 1.5 SAMPLES A. Samples include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture, and pattern. B. Office samples shall be of sufficient size and quantity to clearly illustrate: 1. Functional characteristics of the product, with integrally related parts and attachment devices. 2. Full range of color, texture and pattern. C. Field samples and mock-ups: 1. Contractor shall erect, at the Project site, at a location acceptable to the Engineer. 2. Size or area: that specified in the respective specification section. 3. Fabricate each sample and mock-up complete and finished. 4. Remove mock-ups when directed by the Engineer. 5. Perform necessary work to bring any area disturbed by mock-ups to the areas original condition. D. Submit fully fabricated Samples cured and finished as specified and physically identical with material or product proposed. 1. Mount or display Samples in manner to facilitate review of qualities indicated. 2. Identify Samples with generic description, product name, and name of manufacturer. 3. Submit Samples for review and verification of size, kind, color, pattern, and texture. 4. Where variation in color, pattern, texture, or similar characteristics is inherent in material or product represented, submit at least three (3) multiple units that show approximate limits of variations. 5. Preliminary Submittals: Submit one (1) full set of choices where Samples are submitted for Engineer’s selection of color, pattern, texture, or similar characteristics from a range of standard choices. CORNELL UNIVERSITY SECTION 01 33 00 Ithaca, New York SUBMITTAL PROCEDURES HOY PARKING GARAGE SUBMITTAL PROCEDURE 01 33 00-5 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 6. Submittals: a. Submit four (4) sets for Engineer’s review. Engineer will return at least one (1) set marked with action taken. Maintain sets of Samples, as returned, at Project Site, for quality comparisons throughout course of construction. Additionally, for electronic transmittal, photograph sample and its label and attached to the submittal item electronically via the electronic project management. 1.6 QUALITY ASSURANCE AND QUALITY CONTROL SUBMITTALS A. Quality assurance and quality control submittals include design data, test reports, certifications, manufacturer’s instructions, and manufacturer’s field reports. B. Professional design services or certifications: Where Contract Documents require professional design services or certifications by a design professional, Contractor shall cause such services or certifications to be provided by a qualified design professional, whose registration seal shall appear on drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Engineer shall be entitled to rely upon adequacy, accuracy, and completeness of services, certifications, or approvals performed by such design professionals. C. Inspection and Test Reports: Requirements for submittal of inspection and test reports from independent testing agencies as specified in the Contract Documents. D. Manufacturer’s instruction: Preprinted instructions concerning proper application or installation of system or product. E. Manufacturer’s field reports: Reports documenting testing and verification by manufacturer’s field representative to verify compliance with manufacturer’s standards or instructions. F. Submittals: 1. For electronic transmittal, submittals shall be distributed electronically via the electronic project management system and will be reviewed and returned electronically marked with action taken. 2. Maintain one (1) additional copy as “Record Document”. 1.7 CONTRACTOR RESPONSIBILITIES A. Review submittals for compliance with Contract Documents and approve submittals prior to transmitting to the Engineer. B. Specifically record deviations from Contract Document requirements, including minor variations and limitation. Comply with requirements of Section 01 25 00 Substitutions and Product Options. CORNELL UNIVERSITY SECTION 01 33 00 Ithaca, New York SUBMITTAL PROCEDURES HOY PARKING GARAGE SUBMITTAL PROCEDURE 01 33 00-6 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 C. Contractor’s approval of submittals shall indicate that the Contractor has determined and verified materials, field measurements and field construction criteria, and has checked and coordinated information within each submittal with requirement of the Work and Contact Documents. Field conflicts which arise from the contractor’s failure to fully review and approve submittals before ordering equipment, will result in the contractor being burdened with all costs to remediate the situation. D. Contractor shall be responsible for: 1. Compliance with the Contract Documents 2. Confirming and correlating quantities and dimensions 3. Selecting fabrication processes and techniques of construction. 4. Coordination of the work represented by each submittal with other trades. 5. Performing the work in a safe and satisfactory manner. 6. Compliance with the approved Construction Schedule. 7. All other provisions of the agreements. E. It is understood that the Engineer’s notation on the submittals is not to be construed as an authorization for additional work or additional cost. F. If any notations represent a change to the Contract Sum, submit a cost proposal for the change in accordance with procedures specified before proceeding with the work. G. It is understood that the Engineer’s notation on the submittal is not to be construed as approval of colors. Make all color-related submittals at one time. H. Notify the Engineer by letter of any notations made by the Engineer which the Contractor finds unacceptable. Resolve such issues prior to proceeding with the Work. I. Begin no fabrication of work until all specified submittal procedures have been fulfilled. J. Do not submit shop drawings, product data or samples representing work for which such submittals are not specified. The Engineer shall not be responsible for consequences of inadvertent review of unspecified submittals. K. The review of shop drawings shall not relieve the Contractor of the responsibility for proper construction and the furnishing of materials and labor required even though the same may not be indicated on the review shop drawings. L. Certify that only asbestos free material is used in the execution of all work. Reference Section 01 35 39 CORNELL UNIVERSITY SECTION 01 33 00 Ithaca, New York SUBMITTAL PROCEDURES HOY PARKING GARAGE SUBMITTAL PROCEDURE 01 33 00-7 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 1.8 SUBMITTAL PROCEDURES A. Coordination 1. Coordinate submittals with performance of construction activities in accordance with the Submittal Schedule approved by the Engineer and Owner. 2. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals and related activities that require sequential activity. 3. Prepare and transmit each submittal in accordance with the Submittals Schedule, agreed to by all entities involved. 4. Prepare, review, approve and transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. 5. Engineer’s Review: Allow ten (10) working days for Engineer’s initial processing of each submittal requiring the Engineer’s review and response, except for longer periods required as noted below, and where processing must be delayed for coordination with subsequent submittals. The Engineer will advise the Contractor promptly when it is determined that a submittal being processed must be delayed for coordination. Allow ten (10) working days for Engineer’s reprocessing of each submittal. Notify the Engineer when processing time for a submittal is critical to the progress of the work, and the work would be expedited if its processing time could be shortened. An additional five (5) working days will be required for items specified in Divisions 2, 3, 5, 23 and 26, and for Architectural Woodwork, Hollow Metal Work and Hardware Schedules. 6. Allow time for delivery in addition to review. 7. Allow time for reprocessing each submittal. 8. No extension of Contract Time will be authorized because of failure to prepare submittals sufficiently in advance of Work to permit processing. 9. Submittals made which do not conform to the schedule are subject to delays in processing by the Engineer. 10. Refer to Section 01 32 16 Construction Schedules for requirements of the Submittals Schedule. 11. Failure of the Contractor to obtain approval of Shop Drawings shall render all work thereafter performed to be at Contractor’s sole risk, cost and expense. B. Submittal Preparation 1. Place permanent label or title block on each submittal for identification. 2. Indicate name of entity that prepared each submittal on label or title block. CORNELL UNIVERSITY SECTION 01 33 00 Ithaca, New York SUBMITTAL PROCEDURES HOY PARKING GARAGE SUBMITTAL PROCEDURE 01 33 00-8 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 3. Provide space on label or beside title block on Shop Drawings to record Contractor's stamp, initialed or signed, certifying to review of submittal, action taken, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and of Contract Documents. 4. Complete all fields on submittal item details in ePM system including meaningful description. 5. Include the following information on submittal documentation: a. Drawing, detail or specification references, including section number, as appropriate to clearly identify intended use of product. b. Field dimensions, clearly identified as such. c. Relation to adjacent or critical features of the work or materials. d. Applicable standards, such as ASTM or Federal Specification numbers. e. Provide a blank space for the Engineer’s stamps f. On transmittal, record relevant information including deviations from Contract Document requirements, including minor variations and limitations. 6. Identification of revisions on re-submittals, other than those noted by the Engineer on previous submittals. 7. Shop drawings with the comment "by others" are not acceptable. All such work must specifically identify the related responsible subcontractor. C. Submittal Transmittal: 1. Transmit submittals via the electronic project management system to Engineer unless otherwise noted or directed. 2. Prepare and generate transmittal in ePM system for submission of samples. Package sample and other each submittal appropriately for transmittal and handling. 1.9 RESUBMISSION REQUIREMENTS A. Make any corrections or changes noted on previous submittals. B. Shop Drawings and Product Data: 1. Revise initial drawings or data, and resubmit as specified for the initial submittal. 2. Indicate any changes which have been made other than those noted by the Engineer. C. Samples: Submit new samples as required for initial submittal. CORNELL UNIVERSITY SECTION 01 33 00 Ithaca, New York SUBMITTAL PROCEDURES HOY PARKING GARAGE SUBMITTAL PROCEDURE 01 33 00-9 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 1.10 ENGINEER’S DUTIES A. Review submittals with reasonable promptness as identified in 1.8, paragraph 5 of this Section. B. Notations on the Submittal Review Stamp or eBuilder file mean the following: 1. "Approved (APP)" indicates that no deviations from the design concept have been found and Work may proceed. 2. "Approved as Noted (AAN)" indicates that deviations from the design concept which have been found are noted, and the Contractor may proceed accordingly. 3. "Revise and Resubmit (RAR)" indicates that Work covered by submittal, including purchasing, fabrication, delivery, or other activity may not proceed. Revise or prepare new submittal according to Engineer’s notations; resubmit without delay. Repeat if necessary to obtain different action mark. 4. “Rejected (REJ)” indicates that Work covered by submittal, including purchasing, fabrication, delivery, or other activity may not proceed. Revise or prepare new submittal according to Engineer’s notations; resubmit without delay. Repeat if necessary to obtain different action mark. 5. “On Hold (ONH)” is used in a very limited capacity and means that the Contractor should not take action until the reason for hold has been cleared and may be required to revise and resubmit. 6. “Not Reviewed (NRV)” is used for submittals that were submitted in error, duplicate, or other reason that does not require review by the Engineer but need to be closed by the Contractor upon return to them 7. “For Record Only (FRO)”: Submittals for information or record purposes, including Quality Assurance and Quality Control Submittals, and Material Safety Data Sheets (MSDS), will not require responsive action by the Engineer. a. Engineer will forward informational submittals without action. b. Engineer will reject and return informational submittals not in compliance with Contract Documents. C. Incomplete Submittals: Engineer will return incomplete submittals without action. D. Unsolicited Submittals: Engineer will return unsolicited submittals to sender without action. E. Return submittals to Contractor for distribution, or for resubmission. CORNELL UNIVERSITY SECTION 01 33 00 Ithaca, New York SUBMITTAL PROCEDURES HOY PARKING GARAGE SUBMITTAL PROCEDURE 01 33 00-10 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 1.11 DISTRIBUTION A. Distribute reviewed Shop Drawings and copies of Product Data when possible via the electronic project management system to: 1. Job site file 2. Record Documents file 3. Subcontractors 4. Installers 5. Suppliers 6. Manufacturers 7. Fabricators 8. Engineer 9. Owner B. Do not permit use of unmarked copies or rejected copies of submittals in connection with construction at Project Site or elsewhere where Work is in progress. 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ***END OF SECTION 01 33 00*** CORNELL UNIVERSITY SECTION 01 35 29 Ithaca, New York GENERAL HEALTH & SAFETY HOY PARKING GARAGE GENERAL HEALTH & SAFETY 01 35 29-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 35 29 GENERAL HEALTH & SAFETY 1.0 GENERAL 1.1 DESCRIPTION A. This Section provides requirements for general health and safety during the project. The requirements of this Section shall apply to both Contractor and all tiers of sub-contractors involved in the project. B. In addition to the requirements of this Section, all laws and regulations by applicable local, state, and federal agencies shall apply to the work of this contract. In some cases the requirements of these Specifications may by intention exceed such legal requirements, but in no case shall this Specification be interpreted or understood to reduce or eliminate such requirements. 1.2 CONTRACTOR’S PROJECT SITE SPECIFIC PLAN A. Contractors are required to submit a Project Site Specific Plan (PSSP) for review by Cornell University representatives before commencement of work on the site. The PSSP should address site specific information, controls and or requirements as it relates to the entire scope of work for the project. All contractors shall use the Project Site Specific Plan Template below to develop their Project’s PSSP. The template may be downloaded at: https://sp.ehs.cornell.edu/osh/occupational-safety/contractor-safety/Pages/default.aspx 1. Within the PSSP Template are example(s) to use as reference. The provided examples demonstrate Cornell University’s expectations for providing detailed site specific information, controls and requirements. 2. Project Site Specific Plan’s that inadequately address site specific operations will be returned with comments for resubmission. Failure to submit a PSSP may result in delay of project and/or denial of the payment. 3. All projects must have the PSSP submitted via e-Builder for review and comment. B. PSSP submittal should be submitted a minimum of ten (10) days prior to the commencement of work on site. The Contractor may opt to submit their PSSP in phases. The Contractor must submit a phase submission plan using the PSSP Submission table included in the PSSP template for approval by Owner’s Representative with initial submission. Submit remaining phases no later than ten (10) days prior to the start of a new, predetermined project phase or milestone. 1. Projects having less than a ten (10) day turn-around shall coordinate their submittal with the Owner’s Representative, who should coordinate with Occupational Health, Safety and Injury Prevention (OHSIP), the University Fire Marshall’s Office and Contract College’s Codes Enforcement Official, if applicable. CORNELL UNIVERSITY SECTION 01 35 29 Ithaca, New York GENERAL HEALTH & SAFETY HOY PARKING GARAGE GENERAL HEALTH & SAFETY 01 35 29-2 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 C. The Contractor is responsible for its employees and its subcontractors. Subcontractors are required to submit their PSSP to the General Contractor. The General Contractor is responsible to ensure all subcontractor(s) PSSP’s are adequate per their scope of work. D. The General Contractor is required to ensure their project’s PSSP is accurately maintained throughout the duration of the contract. Resubmission is required for any new scope elements not previously addressed by the Contractor’s original PSSP. E. Definitions: 1. Project Site Specific Plan (PSSP): A structured document that details the scope of the contract work and related site specific controls, requirements and information for University and Contractor personnel. This document is not intended to be all inclusive of all applicable local, state and federal laws and regulations for which the General Contractor and its Subcontractor(s) are expected to comply. 2. Authority Having Jurisdiction (AHJ): • The organization, office or individual responsible for approving equipment, an installation or a procedure (NYS Fire Code). • The local government, county government or state agency responsible for the administration and enforcement of an applicable regulation or law (NYS Building Code-§202.2). 3. Occupational Health, Safety and Injury Prevention (OHSIP): A division of Cornell University’s Environmental Safety and Health Department. The OHSIP division can be contacted at (607)-255-8200 or by email at askEHS@cornell.edu 4. SME: The University’s subject matter expert. 1.3 AERIAL WORK PLATFORMS A. The preferred method for Aerial Work Platforms (AWPs) boom storage is fully retracted and fully lowered to the ground. B. In some circumstances booms may need to be stored in the air because of vandalism concerns, minimal size of storage location, etc. 1. If this is case, the area under the elevated boom must be blocked or arranged such that prevents people from walking, standing, working or parking vehicles underneath. 2. When booms are stored in the air consult the extended weather forecast. Booms should not be stored in the air during predicted high winds, or severe storms. AWPs become unstable at winds or gusts greater than 25 mph and must be fully lowered to prevent a tip-over. CORNELL UNIVERSITY SECTION 01 35 29 Ithaca, New York GENERAL HEALTH & SAFETY HOY PARKING GARAGE GENERAL HEALTH & SAFETY 01 35 29-3 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 1.4 ASBESTOS A. All products provided for use in construction at Cornell University are to be free of asbestos. At Substantial Completion, prior to beneficial service, the Contractor shall provide a signed certification form “Exhibit AC” stating that all Contractor supplied & installed products are 100% asbestos free. The Contractor has to attach applicable Safety Data Sheets/ Material Safety Data Sheets for each product documenting a 100% asbestos free status. The University may provide random testing of products for asbestos content. Any Contractor installed product found to contain asbestos shall be classified as defective work. Defective work shall be corrected by the Contractor as specified in the General Conditions. B. Attached for the Contractor’s information are asbestos reports which represent samples taken within the building. C. Based on the above, disposal of asbestos containing material is not anticipated. 1.5 LEAD A. Building may contain lead based paint. The Contractor shall protect workers in accordance with OSHA regulations. The Contractor selects the means and/or methods to address the presence of lead based paint, and must concurrently protect its workers based on the Contractor’s means and/or methods. The Contractor is required to submit a lead plan that is site specific, indicating that the protective measures the Contractor proposes meet the OSHA standard 1926.62 “Lead in Construction Standards”. This site specific plan should address the particular methods the Contractor intends to protect its workers, the building occupants and the building structure based on its selection of addressing the presence of lead based paint. 1.6 SITE VISITS A. The undertaking of periodic Site Visits by Engineers, Engineers or the Owner shall not be construed as supervision of actual construction, or make them responsible for the safety of any persons; or make them responsible for means, methods, techniques, sequences or procedures of construction selected by the Contractor or its Subcontractors; or make them responsible for safety programs and precautions incident to the Work, or for the safe access, visit, use, Work, travel or occupancy of any person. 1.7 CONFINED SPACE A. The Contractor shall be responsible for the identification of confined space in accordance with OSHA requirements. 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ***END OF SECTION 01 35 29*** CORNELL UNIVERSITY SECTION 01 35 29 Ithaca, New York GENERAL HEALTH & SAFETY 860 Hooper Road Endwell, NY 13760 Tel: 607.231.6600 Fax: 607.231.6650 Website: www.delta-eas.com AN ISO 9001:2015 CERTIFIED COMPANY “We are a seamless extension of our clients’ organizations” December 7, 2018 Mr. Dale Houseknecht, Facilities Coordinator Projects II Cornell University IPP – Facilities Management FM Administration 116 Humphreys Service Building Ithaca, New York 14853-3701 Re: Hoy Parking Garage (Bldg. 2776) 2019 Repair Program Pre-Renovation Asbestos and Lead Paint Inspection Letter Cornell Task Authorization No. TA-216, Work Order No. 11333774 Delta Project No.: 2018.003.177 Dear Mr. Houseknecht: The following information is associated with the upcoming Hoy Parking Garage 2019 Repair Program Project. On Wednesday, December 5th, 2018 Delta Inspector Thomas Ferro was onsite to perform a Pre-Renovation Asbestos Survey and Lead Paint Sampling for the Project. This included a visual inspection of the affected areas along with identifying the associated suspect materials and painted surfaces/components present within the areas with the potential to be impacted by the Project. The areas inspected, along with the identification of specific materials / painted items, were based on a review of the Project Drawing Set (dated 11/02/18) and an onsite review of the project scope and areas with Cornell Representatives Rob Murray and Emily Mix. For asbestos, based on a visual inspection of the affected areas & associated suspect materials with the potential to be impacted by the Project (as referenced above), and a review of existing asbestos bulk sample information for the Parking Garage, no asbestos bulk sampling was performed as a part of this Pre-Renovation Inspection/ Survey. This is based on the fact that all suspect materials with the potential to be impacted by the Project were either previously sampled as a part of earlier surveys performed at the structure and reported as “No Asbestos Detected” or considered non-suspect by the Inspector. These materials included various caulks, packings, sealants and masonry patches. For lead paint, based on a visual inspection of the affected areas & associated painted surfaces/components with the potential to be impacted by the Project (as referenced above), and a review of existing XRF lead paint sampling results for the Parking Garage, no additional sampling was performed as a part of this Pre-Renovation Inspection. This is based on the fact that all painted surfaces/components with the potential to be impacted by the Proj ect were previously sampled as a part of earlier surveys performed at the structure and none were reported as reported as being lead-based or lead-containing. Based on the visual inspection and existing data review as referenced above, No Asbestos Containing Materials or Lead-Based / Lead-Containing Paints are anticipated to be impacted by the Hoy Parking Garage 2019 Repair Program Work. “We are a seamless extension of our clients’ organizations” DELTA ENGINEERS, ARCHITECTS, & LAND SURVEYORS, P.C. Page 2 of 2 AN ISO 9001:2008 CERTIFIED COMPANY The Reports for the previous Asbestos and Lead Paint Sampling performed at the building are on file at Cornell and can be provided by Delta upon request. I have attached Delta Company and Personnel Licenses/ Certifications. If you have any questions, or require any other information, please feel free to contact me at your convenience. Respectfully, DELTA ENGINEERS, ARCHITECTS, & LAND SURVEYORS, P.C. Stephen Prislupsky Director of Environmental Services New York State – Department of Labor Division of Safety and Health License and Certificate Unit State Campus, Building 12 Albany, NY 12240 ASBESTOS HANDLING LICENSE Delta Engineers & Architects & Land Surveyors, P.C. 860 Hooper Road Endwell, NY 13760 FILE NUMBER: 05-0851 LICENSE NUMBER: 29322 LICENSE CLASS: RESTRICTED DATE OF ISSUE: 09/12/2018 EXPIRATION DATE: 09/30/2019 Duly Authorized Representative – Stephen Prislupsky: This license has been issued in accordance with applicable provisions of Article 30 of the Labor Law of New York State and of the New York State Codes, Rules and Regulations (12 NYCRR Part 56). It is subject to suspension or revocation for a (1) serious violation of state, federal or local laws with regard to the conduct of an asbestos project, or (2) demonstrated lack of responsibility in the conduct of any job involving asbestos or asbestos material. This license is valid only for the contractor named above and this license or a photocopy must be prominently displayed at the asbestos project worksite. This license verifies that all persons employed by the licensee on an asbestos project in New Yor k State have been issued an Asbestos Certificate, appropriate for the type of work they perform, by the New York State Department of Labor. Eileen M. Franko, Director SH 432 (8/12) For the Commissioner of Labor Delta Engineers, Architects & Land Surveyors, P.C.has fulfilled the requirements of the Toxic Substances Control Act (TSCA) Section 402, and hasreceived certification to conduct lead-based paint renovation, repair, and painting activities pursuantto 40 CFR Part 745.89All EPA Administered States, Tribes, and TerritoriesThis certification is valid from the date of issuance and expiresJune 20, 2023Certification #NAT-68796-2Issued OnAugust 02, 2016Michelle Price, ChiefLead, Heavy Metals, and Inorganics Branch Delta Engineers, Architects & Land Surveyors, P.C.has fulfilled the requirements of the Toxic Substances Control Act (TSCA) Section 402, and hasreceived certification to conduct lead-based paint activities pursuant to 40 CFR Part 745.226All EPA Administered Lead-based Paint Activities Program States, Tribes and TerritoriesThis certification is valid from the date of issuance and expiresAugust 10, 2019Certification #LBP-68796-1Issued OnAugust 02, 2016Michelle Price, ChiefLead, Heavy Metals, and Inorganics Branch CORNELL UNIVERSITY SECTION 01 35 43 Ithaca, New York GENERAL ENVIRONMENTAL REQUIREMENTS HOY PARKING GARAGE GENERAL ENVIRONMENTAL 01 35 43-1 PLANNED MAINTENANCE 2019 REQUIREMENTS DECEMBER 12, 2018 SECTION 01 35 43 GENERAL ENVIRONMENTAL REQUIREMENTS 1.0 GENERAL 1.1 DESCRIPTION A. This Section and the listed Related Sections provides minimum requirements for the protection of the environment during the project. The requirements of this Section shall apply to both Contractor and all tiers of sub-contractors involved in the project. B. In addition to the requirements of this Section and the listed Related Sections, all laws and regulations by applicable local, state, and federal agencies shall apply to the work of this contract. In some cases the requirements of these Specifications may by intention exceed such legal requirements, but in no case shall this Specification be interpreted or understood to reduce or eliminate such requirements. C. Prior to bidding, review the entire Bidding Documents and report in writing to the Owner’s Representative any error, inconsistency, or omission that may have environmental impacts. 1.2 RELATED SECTIONS A. Section 01 35 44 – Spill Control 1.3 SUBMITTALS A. Submit the following in accordance with Section 01 33 00 – Submittals: 1. Contractor’s Waste Material Disposal Plan. 1.4 JOB SITE ADMINISTRATION A. In accordance with Article 2 of the General Conditions, provide a competent supervisory representative with full authority to act for the Contractor at the site. B. If at any time operations under the representative’s supervision do not comply with this Section, or the representative is otherwise unsatisfactory to the Owner, replace, if requested by the Owner, said representative with another representative satisfactory to the Owner. There shall be no change in superintendent without the Owner's approval. C. Remove from the Work any employee of the Contractor or any Subcontractor when so directed by the Owner. The Owner may request the removal of any employee who does not comply with these specifications. CORNELL UNIVERSITY SECTION 01 35 43 Ithaca, New York GENERAL ENVIRONMENTAL REQUIREMENTS HOY PARKING GARAGE GENERAL ENVIRONMENTAL 01 35 43-2 PLANNED MAINTENANCE 2019 REQUIREMENTS DECEMBER 12, 2018 1.5 NOISE AND VIBRATION A. Limit and control the nature and extent of activities at all times to minimize the effects of noise and vibrations. Take adequate measures for keeping noise levels, as produced by construction related equipment, to safe and tolerable limits as set forth by the Occupational Safety and Health Administration (OSHA), the New York State Industrial Code Guidelines and Ordinances and all City, Town and Local ordinances. Equip all construction equipment presenting a potential noise nuisance with noise-muffling devices adequate to meet these requirements 1.6 DUST CONTROL A. Take adequate measures for controlling dust produced by drilling, excavation, backfilling, loading, saw cutting or other means. The use of calcium chloride or petroleum-based materials for dust control is prohibited. Dust control measures are required throughout the duration of construction. B. If, in the opinion of the Owner’s Representative, the Contractor is not adequately controlling dust, the Owner will first notify the Contractor. If the Contractor does not take adequate actions necessary, the Owner may, at the Contractor’s expense, employ alternative means to control dust. C. Erect, maintain, and remove when appropriate barriers or other devices, including mechanical ventilation systems, as required by the conditions of the work for the protection of users of the project area, the protection of the work being done, or the containment of dust and debris. All such barriers or devices shall be provided in conformance with all applicable codes, laws, and regulations including OSHA. 1.7 PROTECTION OF THE ENVIRONMENT A. Construction procedures observed by the Contractor, its subcontractors and other employees shall include protection of the environment, in accordance with all pertinent Cornell standards, policies, local laws, executive orders, ordinances, and federal and state regulations. Construction procedures that are prohibited in the undertaking of work associated with this Contract include, but are not limited to: 1. Dumping of spoil material or any liquid or solid pollutant into any storm or sanitary sewer, drainage way, stream sewer, any wetlands (as defined by federal and state regulations), any surface waters, or at unspecified locations. 2. Indiscriminate, arbitrary, or capricious operation of equipment in any stream corridors, any wetlands, or any surface waters. 3. Pumping of any silt-laden water from trenches or other excavations into any storm sewers, sanitary sewers, drainage ways, wetlands, or surface waters. 4. Damaging vegetation beyond the extent necessary for construction of the facilities. 5. Disposal of trees, brush, and other debris in any location on University property, unless such areas are specifically identified on the drawing or in the specifications or specifically approved by the Owner’s site representative. CORNELL UNIVERSITY SECTION 01 35 43 Ithaca, New York GENERAL ENVIRONMENTAL REQUIREMENTS HOY PARKING GARAGE GENERAL ENVIRONMENTAL 01 35 43-3 PLANNED MAINTENANCE 2019 REQUIREMENTS DECEMBER 12, 2018 6. Permanent or unspecified alteration of the flow line of a stream. 7. Burning trash, project debris, or waste materials. B. Take all necessary precautions to prevent silt or waste of any kind from entering any drainage or waterways or downstream properties as a result of the Work. C. Runoff of potable water used for concrete curing or concrete truck or chute cleaning operations shall not be allowed to reach the storm water system or open water due to the levels of residual chlorine (New York State water quality standards, 6 NYCRR Part 703.5) and other potential contaminants. If necessary, obtain permission from the local sewer authority and collect and pump the runoff to the sanitary sewer. D. Limit the nature and extent of any activities that could result in the release or discharge of pollutants. Report any such release or discharge immediately to the Owner’s Representative and clean up spills immediately, as detailed in Section 01 35 44 – Spill Control Procedures. 1.8 HAZARDOUS OR TOXIC MATERIALS A. Inform officers, employees, agents, contractors, subcontractors at every tier, and any other party which may come into contact with any hazardous or toxic materials as a result of its performance hereunder of the nature of such materials, and any health and safety or environmental risks associated therewith. B. Do not use hazardous or toxic materials in a manner that will violate Cornell University Policies or any state, federal, or municipal environmental health and safety regulations. In situations where the risks are unclear consult with Environmental Health and Safety (EH&S) for guidance. C. Provide complete care and treatment for any injury sustained by any parties coming into contact with any hazardous or toxic materials as a result of Contractor’s performance or failure to perform hereunder. D. At the completion of project Contractor shall remove all unused chemical products and hazardous materials from campus. Transportation of these materials shall be in accordance with all federal, state, and local regulations. Request and receive written approval from EH&S prior to disposal of any on-site disposal. 1.9 DISPOSAL OF WASTE MATERIAL AND TITLE A. Prior to start of work and first payment, Contractor shall prepare and submit “Contractor Waste Material Disposal Plan” to the Owner’s Representative. The plan shall identify the waste transportation and treatment, storage or disposal (TSD) companies which will manage all waste material and any site(s) for disposal of the waste material. Contractor must use this form to document waste disposal methods and locations. B. The “Contractor Waste Material Disposal Plan” form, together with definitions associated with the form waste descriptions. Forms may be downloaded at: https://sp.ehs.cornell.edu/env/solid-waste/construction-demolition-waste/Pages/default.aspx CORNELL UNIVERSITY SECTION 01 35 43 Ithaca, New York GENERAL ENVIRONMENTAL REQUIREMENTS HOY PARKING GARAGE GENERAL ENVIRONMENTAL 01 35 43-4 PLANNED MAINTENANCE 2019 REQUIREMENTS DECEMBER 12, 2018 C. Contractor shall be responsible for the proper cleanup, containment, storage and disposal of any hazardous material/chemical spill occurring during its work. For Cornell University owned hazardous waste EH&S will oversee, approve or effect the proper disposal. Title, risk of loss, and all other incidents of ownership to the Waste Material, shall vest in Contractor at the time Contractor or any transporter acting on its behalf takes physical possession of Waste Material. Complete and maintain full records of the chain of custody and control, including certificates of disposal or destruction, of all Waste Materials loaded, transported and/or disposed of. Deliver all such records to the Owner in accordance with applicable laws and regulations and any instructions from the Owner in a timely manner and in any event prior to final payment(s) under this Contract. 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ***END OF SECTION 01 35 43*** CORNELL UNIVERSITY SECTION 01 35 44 Ithaca, New York SPILL CONTROL HOY PARKING GARAGE SPILL CONTROL 01 35 44-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 35 44 SPILL CONTROL 1.0 GENERAL 1.1 SPILL PREVENTION A. In order to minimize the potential for discharge to the environment of oil, petroleum, or hazardous substances on site, the following requirements shall apply to all projects: 1. All oil, petroleum, or hazardous materials stored or relocated temporarily on site during the construction process shall be stored in such a manner as to provide protection from vehicular damage and to provide containment of leaks or spills. Horizontal diked oil storage tanks, temporary berms or barriers, or similar methods shall be employed as appropriate at each site. 2. Any on-site filling or dispensing activities shall occur within an area in which a temporary berm, boom, or similar containment barrier has been placed to prevent the inadvertent discharge to the environment of harmful quantities of any products. 3. All oil, petroleum, or hazardous materials stored on site shall be located in such a manner as to minimize the potential of damage from construction operations or vehicles, away from drainage ways and environmentally sensitive areas, and in accordance with all fire and safety codes. B. Remove immediately from the site any storage, dispensing, or operating equipment that is leaking oil or hazardous substances or is in anyway unsuitable for the safe storage of such materials. 1.2 SPILL CONTROL PROCEDURES All Contractor personnel working at the project site shall be knowledgeable of the potential health and safety concerns associated with petroleum and other hazardous substances that could potentially be released at the project site. Following are a list of activities that should be conducted by the Contractor in the event of an oil/petroleum spill or the release of any other hazardous substance. In the event of a large quantity spill that would require cleanup procedures that are beyond the means of the Contractor, an emergency spill cleanup contractor shall be hired by the Contractor. In the event the Contractor has the personnel necessary to clean up the spill, the following procedures shall be followed: A. Personnel discovering/responding to a spill shall: 1. Identify and locate the source of the spill. If unsafe conditions exist, leave the area, inform nearby personnel, notify the site supervisor, and initiate spill reporting (Section 1. 3). CORNELL UNIVERSITY SECTION 01 35 44 Ithaca, New York SPILL CONTROL HOY PARKING GARAGE SPILL CONTROL 01 35 44-2 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 2. Limit the discharge of product, if safely possible, by: (1) diverting discharge to a containment area; (2) creating temporary dikes with soils or other available materials; and (3) utilizing sorbent materials. If secondary containment is present, verify that valves and drains are closed prior to diverting the product to this area. 3. The individual discovering a spill shall initiate containment procedures to prevent material from reaching a potential migratory route, through implementation of the following actions, or any other methods necessary. Methods employed shall not compromise worker safety. a. Stop the spill at once (if possible). b. Extinguish sources of ignition (e.g., flames, sparks, hot surfaces, cigarettes, etc.). c. Clear personnel from the spill location and rope off the area. d. Utilize available spill control equipment in an effort to ensure that fires, explosions, and releases do not occur, recur, or spread. e. Use sorbent materials to control the spill at the source. f. Construct a temporary containment dike of sorbent materials, cinder blocks, bricks, or other suitable materials to help contain the spill. g. Attempt to identify the character, exact source, amount, and area of the released materials. Identification of the spilled material should be made as soon as possible so that the appropriate cleanup procedure can be identified. h. Assess possible hazards to human health or the environment as a result of the release, fire, or explosion. i. If spill response measures involve the temporary cessation of any operations, the Contractor shall monitor the affected equipment for: (1) leaks; (2) pressure buildup; (3) gas generation; or (4) ruptures in valves, pipes, or other equipment. B. Spill Cleanup: 1. Following containment of the spill, the following spill cleanup procedures shall be initiated. a. Use proper waste containers. b. Remove bulk liquid by using vacuum, pump, sorbents, or shovel and place material in properly labeled waste container. Be sure not to collect incompatible or reactive substances in the same container. c. Cleanup materials not reclaimed on-site shall be disposed of in accordance with all applicable state and federal regulations. CORNELL UNIVERSITY SECTION 01 35 44 Ithaca, New York SPILL CONTROL HOY PARKING GARAGE SPILL CONTROL 01 35 44-3 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 d. Apply sorbent materials to pick up remaining liquid after bulk liquid has been removed. The Contractor shall not walk over spilled material. Absorbed material shall be picked up with a shovel and placed in a separate waste container, and shall not be mixed with bulk liquid. e. Clean spill control equipment and containers. Replace equipment in its proper location. Restock or reorder any sorbents used to clean up the spill. f. Carefully wash spilled product from skin and clothing using soap. Change clothes, if necessary, to avoid further contact with product. g. Disposal of all spilled product shall be made off-site, and shall be arranged through the Contractor. h. A Spill Report shall be completed, including a description of the event. A sample Spill Documentation Form is provided in Appendix B. C. Fire or Explosion: 1. In the event of a fire or explosion at the site, the Contractor shall: a. Verify that the local fire department and the appropriate response personnel (e.g., ambulance, police) have been notified. b. Report to the scene, if safe to do so, and evaluate the situation (e.g., spill character, source, etc.). Coordinate, as necessary, with other appropriate site and emergency personnel. c. Ensure that people are cleared from the area. d. Ensure that fires are safely extinguished (if possible), valves closed, and other immediate actions necessary to mitigate the emergency, if safe to do so. e. Initiate responsible measures necessary to prevent subsequent fires, explosions, or releases from occurring or spreading to other areas of the site. These measures include stopping processes or operations, collecting and containing released oil, or removing and isolating containers. f. Take appropriate action to monitor for: (1) leaks; (2) pressure build-ups; (3) gas generation; or (4) ruptures in pipes, valves, or other equipment. CORNELL UNIVERSITY SECTION 01 35 44 Ithaca, New York SPILL CONTROL HOY PARKING GARAGE SPILL CONTROL 01 35 44-4 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 1.3 SPILL REPORTING AND DOCUMENTATION In the event of a spill CALL CORNELL POLICE AT 255-1111 who will notify the appropriate departments within the university and coordinate with the contractor for external reporting, if required. The contractor shall be responsible for the initiation of spill reporting and documentation procedures. All petroleum spills must be reported to NYSDEC Spill Hotline at 1-800- 457-7362, less than two hours following discovery. Notification must be made to Cornell Environmental Health and Safety (EH&S), 607.255.8200, within 24 hours of reporting the release. The Contractor will be expected to provide EH&S with the DEC issued spill number. Any petroleum spill must be reported to NYSDEC unless ALL of the following criteria apply: TABLE 1 CRITERIA TO EXEMPT SPILL REPORTING CRITERIA DESCRIPTION Quantity The spill must be known to be less than 5 gallons. Containment The spill must be contained on an impervious surface or within an impervious structure, such that it cannot enter the environment. Control The spill must be under control and not reach a drain or leave the impervious surface. Cleanup The spill must be cleaned-up within two hours of occurrence. Environment The spill must not have already entered into the soil or groundwater or onto surface water. A release of a “reportable quantity”1 or unknown amount of a hazardous substance must also be immediately reported to NYSDEC Spill Hotline. Spills of reportable quantities of chemicals or “harmful quantities”2 of oil to navigable waters must be reported to the federal National Response Center, 1-800-424-8802. Spill Reporting Information: When making a telephone report, the caller should be prepared to provide the following information, if possible: 1. The date and time of the spill or release. 2. The identity or chemical name of the material released or spilled, including an indication of whether the material is defined as an extremely hazardous substance. 3. An estimate of the quantity of material released or spilled into the environment and the approximate duration of the event. 4. The exact location of the spill, including the name(s) of the waters involved or threatened, and/or other medium or media affected by the release or spill. 5. The source of the release or spill. 6. The name, address, and telephone number of the party in charge of, or responsible for, the facility or activity associated with the release or spill. 7. The extent of the actual and potential water pollution. CORNELL UNIVERSITY SECTION 01 35 44 Ithaca, New York SPILL CONTROL HOY PARKING GARAGE SPILL CONTROL 01 35 44-5 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 8. The name and telephone number of the person in charge of operations at the spill site. 9. The steps being taken or proposed to contain and cleanup the released or spilled material and any precautions taken to minimize impacts, including evacuation. 10. The extent of injuries, if any. 11. Any known or anticipated acute or chronic health risks associated with the emergency, and information regarding necessary medical attention for exposed individuals. 12. Assistance required, if any. If the release of a hazardous substance or oil occurs in an amount which exceeds a reportable quantity (RQ) as defined in 40 CFR Part 110, 40 CFR Part 117, 40 CFR Part 302, or 6 NYCRR Part 597, then the Contractor shall do the following: 1. Call to the National Response Center shall be made by the person in charge of the site. The applicable phone numbers are 1-800-424-8802 or 1-202-426-2675. 2. Within 14 days of the release, submit a written description of the release. The description should include: (1) a description of the release, (2) the type of material released, (3) estimated amount of the spill; (4) the date of the release, (5) an explanation of why the release occurred; and (6) a description of the measures to be implemented to prevent and control future releases. (1)Reportable Quantity: A Reportable Quantity is the quantity of a hazardous substance or oil that triggers reporting requirements under the Comprehensive Emergency Response, Compensation, and Liability Act (CERCLA) (USEPA, September 1992). While the Contractor is legally responsible for knowing the risks of materials that are part of construction, members of the owner’s spill response team have access to information that may help identify these quantities with you. (2)Harmful Quantity: A Harmful Quantity of oil includes discharges that violate applicable water quality standards; cause a film, sheen, or discoloration on a water surface or adjoining shoreline; or cause a sludge or emulsion to be deposited beneath the water surface or shoreline (40 CFR 110.3). 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ***END OF SECTION 01 35 44*** CORNELL UNIVERSITY SECTION 01 41 00 Ithaca, New York REGULATORY REQUIREMENTS HOY PARKING GARAGE REGULATORY 01 41 00-1 PLANNED MAINTENANCE 2019 REQUIREMENTS DECEMBER 12, 2018 SECTION 01 41 00 REGULATORY REQUIREMENTS 1.0 GENERAL 1.1 PERMITS AND LICENSES A. The Contractor shall obtain, maintain and pay for all permits and licenses necessary for the execution of the Work and for the use of such Work when completed. Such permits shall include but are not limited to building, electrical, plumbing, backflow prevention, dig safe, fill, street use and building demolition. 1. City of Ithaca building permit applications shall be presented for review at the regularly scheduled Owner’s meeting with the Authority Having Jurisdiction (AHJ). B. For any projects which include demolition of a structure or load-bearing elements of a structure, the Contractor is required to complete a “Notification of Demolition and Renovation” and provide this notification to the United State Environmental Protection Agency (EPA) in advance of the work as specified in 40 CFR 61.145. The Contractor shall also provide a copy of this notification to the Owner’s Representative prior to any demolition. C. All Construction / Building / Hot Work and Occupancy permits shall be issued and maintained through the City of Ithaca. D. Ithaca Fire Department Permitting: 1. A permit is required from the Ithaca Fire Department to install or substantially repair a fire suppression, fire detection, or fire alarm system as such as defined under the Uniform Code of New York State. 2. If the scope of work is classified under the Existing Building Code of NYS as Alteration –Level 1; Alteration – Level 2; Alteration – Level 3; or Addition; a permit from the Ithaca Fire Department is required for all work affecting the fire suppression, fire detection, or fire alarm system for that building. A building permit is also required for this type of work. 3. Work classified as a ‘Repair’ under the Existing Building Code of NYS does not require a permit from the Ithaca Fire Department. 1.2 INSPECTIONS A. Apply for and obtain all required inspections, pay all fees and charges for same, include all service charges, pavement cuts and repairs. 1.3 COMPLIANCE A. The Contractor shall give all notices, pay all fees and comply with all laws, rules and regulations applicable to the Work. CORNELL UNIVERSITY SECTION 01 41 00 Ithaca, New York REGULATORY REQUIREMENTS HOY PARKING GARAGE REGULATORY 01 41 00-2 PLANNED MAINTENANCE 2019 REQUIREMENTS DECEMBER 12, 2018 1.4 OWNER’S REQUIREMENTS A. The Contractor, Subcontractors, and employees of the Contractor and Subcontractors shall comply with all regulations governing conduct, access to the premises, operation of equipment and systems, and conduct while in or near the premises and shall perform the Work in such a manner as not to unreasonably interrupt or interfere with the conduct of business of the Owner. B. Upon completion of the project, the Contractor agrees to provide the Owner with a summary of municipal permit fees paid. This shall include the name of the permits secured, the permit fees paid by the Contractor and a copy of the permit. If not permit fees were required, the Contractor shall so state, in writing, upon completion of the project. 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ***END OF SECTION 01 41 00*** CORNELL UNIVERSITY SECTION 01 42 00 Ithaca, New York REFERENCES HOY PARKING GARAGE REFERENCES 01 42 00-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 42 00 REFERENCES 1.0 GENERAL 1.1 INTENT OF CONTRACT DOCUMENTS A. Notes or instructions shown on any one Drawing, apply where applicable, to all other Drawings. B. All references to codes, specifications and standards referred to in the Specification Sections and on the Drawings shall mean, and are intended to be, the latest edition, amendment and/or revision of such reference standard in effect as of the date of these Contract Documents. C. Install All Work in Compliance with: 1. NYS Uniform Code a. International Building Code b. International Residential Code c. International Existing Building Code d. International Fire Code e. International Plumbing Code f. International Mechanical Code g. International Fuel Gas Code h. International Property Maintenance Code i. Uniform Code Supplement 2. NYS Energy Code a. International Energy Conservation Code b. ASHRAE 90.1 c. Energy Code Supplement 3. National Electric Code 4. Occupational Safety and Health Administration (OSHA). 5. Life Safety Code NFPA 101. 6. All local ordinances CORNELL UNIVERSITY SECTION 01 42 00 Ithaca, New York REFERENCES HOY PARKING GARAGE REFERENCES 01 42 00-2 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 7. Plans and Specifications in excess of code requirements and not contrary to same. 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and other Division 1 Specification Sections, apply to this Section. 1.3 DEFINITIONS A. “General”: Basic Contract definitions are included in the Conditions of the Contract. B. “Contract Documents”: The Contract Documents consist of the Agreement between Owner and Contractor, General Conditions, General Requirements, Drawings, Specifications, addenda issued before execution of the Agreement, other documents listed in the Agreement, and modifications issued after execution of the Agreement. C. “The Contract”: The Contract Documents form the Contract for construction and represent the entire integrated Agreement between the Owner and Contractor. D. “The Work”: The work comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction and all materials and equipment incorporated in such construction. E. “Owner”: Cornell University a New York corporation. F. “Architect/Engineer”: The Architect or Engineer is the person lawfully licensed to practice architecture and/or engineering in the state of New York, identified as such in the Owner Contractor Agreement, and is referred to throughout the Contract Documents as if singular in number. The terms Engineer and/or Engineer mean the Engineer and/or his authorized representative. G. “Contractor”: The Contractor, person, firm, or corporation with whom the Construction Agreement contract is made by Owner. H. “Subcontractor”: A person, firm, or corporation, supplying labor and/or materials for work at site of the project for and under separate contract or agreement with Contractor. I. “As Approved” or “Approved”: Engineer’s or Owner’s approval. J. “As Directed”: Owner’s direction or instruction. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed." K. “Indicated”: Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as “indicated.” L. “Regulations”: Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. M. “Furnish”: Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations. CORNELL UNIVERSITY SECTION 01 42 00 Ithaca, New York REFERENCES HOY PARKING GARAGE REFERENCES 01 42 00-3 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 N. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. O. “Reinstall”. To place back into a former position. P. “Replace”. Provide a substitute for. Q. “Provide”: Furnish and install, complete and ready for the intended use. R. “Concealed’: Work installed in pipe shafts, chases or recesses, behind furred walls, above ceilings, either permanent or removable. S. “Exposed”: All capital Work not identified as concealed. T. “Project Site”: Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built. U. “As-Built Documents”: Drawings and other records that are maintained by the Contractor to record all conditions which exist when the building construction is completed. This includes both the elements of the project itself and existing elements that are encountered during the course of project construction. V. “Record Drawings”: Shows construction changes in the project and the final location of all services, lines, outlets, and connections including underground and concealed items. The “record” drawings shall be compiled by the Engineer based on the working as-built drawings and revised in accordance with the marked up drawings submitted by the Contractor. W. “Shop Drawings”: Drawings, diagrams, illustrations, charts, brochures, and other data that are prepared by Contractor or any Subcontractor, manufacturer, supplier or distributor, for some portion of the work. X. “Samples”: Physical examples furnished to illustrate materials, equipment or workmanship, and to establish standards by which the work will be judged. Y. “General Conditions”: The standardized contractual provisions describing the responsibilities, rights and relationships of the Owner and Contractor under the construction contract. Z. “Contract Limit Lines”: A limit line or perimeter line established on the drawings or elsewhere in the contract documents defining the boundaries of the site available to the contractor for construction purposes. AA. "to do", "provide", "furnish", "install", etc., in these Specifications or on Drawings are directions given to the Contractor; CORNELL UNIVERSITY SECTION 01 42 00 Ithaca, New York REFERENCES HOY PARKING GARAGE REFERENCES 01 42 00-4 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 1.4 OWNER AGREEMENTS A. Cornell University and the Tompkins-Cortland Counties Building Trades Council, Maintenance Division have entered into an agreement. The local unions which are members of the Tompkins-Cortland Counties Building Trades Council, Maintenance Division are as follows: Local #241 - International Brotherhood of Electrical Workers Local #267 - United Association of Plumbers and Steamfitters Local #281 - United Brotherhood of Carpenters Local #3NY - International Union of Bricklayers and Allied Craftworkers Local #178 - International Union of Painters and Allied Trades Local #112 - International Brotherhood of Sheetmetal Workers Local #785 - Laborers International Union of North America The definition of craft maintenance as applied to this agreement shall be as follows: All work associated with the demolition, repair, replacement, improvement to or construction of equipment, buildings, structures, utilities, and/or system or components thereof. Craft maintenance for trades assistants shall be limited to work assigned to individuals employed as building trade laborers and which directly assists the craft work performed by other employees covered by this agreement; the Employer is free to assign such work; provided, however, such assignment does not fall within the craft performed by other employees covered by this agreement. 1.5 INDUSTRY STANDARDS A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated. C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source. D. Abbreviations and Acronyms for Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the organizations responsible for the standards and regulations in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. CORNELL UNIVERSITY SECTION 01 42 00 Ithaca, New York REFERENCES HOY PARKING GARAGE REFERENCES 01 42 00-5 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 ADAAG Americans with Disabilities Act (ADA) (800) 872-2253 Architectural Barriers Act (ABA) (202) 272-0080 Accessibility Guidelines for Buildings and Facilities Available from Access Board www.access-board.gov CFR Code of Federal Regulations (866) 512-1800 Available from Government Printing Office (202) 512-1800 www.gpoaccess.gov/cfr/index.html FS Federal Specification (215) 697-6257 Available from Department of Defense Single Stock Point http://dodssp.daps.dla.mil Available from Defense Standardization Program www.dps.dla.mil Available from General Services Administration (202) 619-8925 www.gsa.gov Available from National Institute of Building Sciences (202) 289-7800 www.nibs.org UFAS Uniform Federal Accessibility Standards (800) 872-2253 Available from Access Board (202) 272-0080 www.access-board.gov 1.6 ABBREVIATIONS AND ACRONYMS A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. AIA American Institute of Engineers (The) (800) 242-3837 www.aia.org (202) 626-7300 AISC American Institute of Steel Construction (800) 644-2400 www.aisc.org (312) 670-2400 AISI American Iron and Steel Institute (202) 452-7100 www.steel.org ANSI American National Standards Institute (202) 293-8020 www.ansi.org APA APA - The Engineered Wood Association (253) 565-6600 www.apawood.org CORNELL UNIVERSITY SECTION 01 42 00 Ithaca, New York REFERENCES HOY PARKING GARAGE REFERENCES 01 42 00-6 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 APA Architectural Precast Association (239) 454-6989 www.archprecast.org ASCE American Society of Civil Engineers (800) 548-2723 www.asce.org (703) 295-6300 ASTM ASTM International (610) 832-9585 BIA Brick Industry Association (The) (703) 620-0010 www.bia.org CRSI Concrete Reinforcing Steel Institute (847) 517-1200 www.crsi.org CSI Construction Specifications Institute (The) (800) 689-2900 www.csinet.org (703) 684-0300 EJMA Expansion Joint Manufacturers Association, Inc. (914) 332-0040 www.ejma.org FMG FM Global (401) 275-3000 www.fmglobal.com ICRI International Concrete Repair Institute, Inc. (847) 827-0830 www.icri.org ISO International Organization for Standardization 41 22 749 01 11 NRMCA National Ready Mixed Concrete Association (888) 846-7622 www.nrmca.org (301) 587-1400 PCI Precast/Prestressed Concrete Institute (312) 786-0300 www.pci.org SWRI Sealant, Waterproofing, & Restoration Institute (816) 472-7974 www.swrionline.org TMS The Masonry Society (303) 939-9700 www.masonrysociety.org B. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. IAPMO International Association of Plumbing and Mechanical Officials (909) 472-4100 www.iapmo.org ICC International Code Council (888) 422-7233 www.iccsafe.org (703) 931-4533 CORNELL UNIVERSITY SECTION 01 42 00 Ithaca, New York REFERENCES HOY PARKING GARAGE REFERENCES 01 42 00-7 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 ICC-ES ICC Evaluation Service, Inc. (800) 423-6587 www.icc-es.org (562) 699-0543 NEC National Electric Code C. Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. CE Army Corps of Engineers www.usace.army.mil DOD Department of Defense (215) 697-6257 http://.dodssp.daps.dla.mil 2.0 PRODUCTS - NOT USED 3.0 EXECUTION - NOT USED ***END OF SECTION 01 42 00*** CORNELL UNIVERSITY SECTION 01 45 00 Ithaca, New York QUALITY CONTROL HOY PARKING GARAGE QUALITY CONTROL 01 45 00-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 45 00 QUALITY CONTROL 1.0 GENERAL 1.1 DESCRIPTION A. The Contractor shall provide and maintain an effective Contractor Quality Control (CQC) program and perform sufficient inspections and tests of all items of work, including those of Subcontractors, to ensure compliance with Contract Documents. Include surveillance and tests specified in the technical sections of the Specifications. Furnish appropriate facilities, instruments, and testing devices required for performance of the quality control function. Controls must be adequate to cover construction operations and be keyed to the construction sequence. Construction shall not begin until the Owner has approved the CQC program. 1.2 CONTROL OF ON-SITE CONSTRUCTION A. Include a control system for the following phases of inspection: 1. Pre-Installation Meeting. For all sections where pre-installations are defined, the Contractor shall arrange for a pre-installation meeting. When practical, pre-installation meetings shall be scheduled to take place on the same day as regularly schedule progress meetings. The Contractor shall make available, during this meeting, all approved submittals and products. a. Agenda to include the following: i. Appointment of official representatives of participants in the Project. ii. Review of existing conditions and affected work, and testing thereof as required. iii. Review of installation procedures and requirements. iv. Review of environmental and site condition requirements. v. Schedule of the applicable portions of the Work. vi. Schedule of submission of samples, color chips, and items for Owners consideration. vii. Requirements for notification for reviews. Allow a minimum of 48 hour notice to Engineer for review of the Work. viii. Requirements for inspections and tests, as applicable. Schedule and undertake inspections and tests in accordance with Section 01410. ix. Delivery schedule of specified equipment. x. Special safety requirements and procedures. CORNELL UNIVERSITY SECTION 01 45 00 Ithaca, New York QUALITY CONTROL HOY PARKING GARAGE QUALITY CONTROL 01 45 00-2 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 b. The following minimum personnel shall be at the meeting: i. Project Manager. ii. Project Field Supervisor iii. Subcontractor iv. Engineer’s Representative v. Owner’s Representative vi. Testing Agency, when applicable 2. Preparatory Inspection. Perform this inspection prior to beginning work on any definable feature of work. Include a review of contract requirements with the supervisors directly responsible for the performance of the work; check to assure that materials, products, and equipment have been tested, submitted, and approved; check to assure that provisions have been made for required control testing; examine the work area to ascertain that preliminary work has been completed; physically examine materials and equipment to assure that they conform to shop drawings and data and that the materials and equipment are on hand. 3. Initial Inspection. Perform this inspection as soon as work commences on a representative portion of a particular feature of workmanship review control testing for compliance with contract requirements. 4. Follow-up Inspections. Perform these inspections on a regular basis to assure continuing compliance with contract requirements until completion of that particular work. 1.3 TESTING A. The Owner may engage the services of an independent testing laboratory to confirm that an installed item or element of work conforms to the Specification and workmanship requirements. 1.4 OWNER'S REPRESENTATIVE A. The Owner shall designate a Representative to monitor the progress and execution of the work. The Representative shall have the authority to call for test samples, to approve or to reject work performed and to stop work in progress, if, in its opinion, the work is not in conformance with the Contract Documents. The Representative shall not be authorized to make changes or interpretations of the Contract Documents. 1. The Contractor shall maintain a project Deficiency/Issues Log in e-Builder to track non- conforming materials or sub-standard workmanship identified by Owner’s Representative. CORNELL UNIVERSITY SECTION 01 45 00 Ithaca, New York QUALITY CONTROL HOY PARKING GARAGE QUALITY CONTROL 01 45 00-3 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ***END OF SECTION 01 45 00*** CORNELL UNIVERSITY SECTION 01 45 29 Ithaca, New York TESTING LABORATORY SERVICES HOY PARKING GARAGE TESTING LABORATORY 01 45 29-1 PLANNED MAINTENANCE 2019 SERVICES DECEMBER 12, 2018 SECTION 01 45 29 TESTING LABORATORY SERVICES 1.0 GENERAL 1.1 DESCRIPTION A. The Owner will employ and pay for the services of an Independent Testing Laboratory to perform specified services. 1. Contractor shall cooperate with the laboratory to facilitate the execution of its required services. 2. Employment of the laboratory shall in no way relieve Contractor's obligations to perform the Work of the Contract. B. Testing Laboratory services are specified in connection with work including but not limited to the following: 1. New York State Building Code, Chapter 17, Special Inspections 1.2 QUALIFICATIONS OF LABORATORY A. Meet "Recommended Requirements for Independent Laboratory Qualification", latest edition, published by American Council of Independent Laboratories. B. Meet basic requirements of ASTM E329-05b, "Standard Specification for Agencies Engaged in Construction Inspection and/or Testing ". C. Authorized to operate in the State of New York. D. Testing and inspections shall be performed under the direction of Licensed Professional Engineer registered in the State of New York who shall be responsible for administering all testing and inspections and shall certify any local agency requirements. E. Submit copy of report of inspection of facilities made by Materials Reference Laboratory of National Bureau of Standards during the most recent tour of inspection, with memorandum of remedies of any deficiencies reported by the inspection. F. Testing Equipment: 1. Calibrated at maximum 12 month intervals by devices of accuracy traceable to either: a. National Bureau of Standards b. Accepted values of natural physical constants. 2. Submit copy of certificate of calibration made by accredited calibration agency. CORNELL UNIVERSITY SECTION 01 45 29 Ithaca, New York TESTING LABORATORY SERVICES HOY PARKING GARAGE TESTING LABORATORY 01 45 29-2 PLANNED MAINTENANCE 2019 SERVICES DECEMBER 12, 2018 1.3 LABORATORY DUTIES A. Cooperate with Owner, Engineer and Contractor; provide qualified personnel promptly on notice. B. Perform specified inspections, sampling and testing of materials and methods of construction. 1. Comply with specified standards, ASTM, other recognized authorities, and as specified. 2. Ascertain compliance of materials with requirements of Contract Documents. C. Promptly notify Owner, Engineer and Contractor of observed irregularities or deficiencies of work or products. D. Should Laboratory tests of material performed at specified intervals of time indicate that strengths do not meet Specification requirements, the Inspection Agency and Geotechnical Engineer shall IMMEDIATELY notify the Owner, Contractor, and Engineer. The Engineer shall determine whether remedial action is necessary. E. Promptly submit written report of each test and inspection; one copy each to Engineer, Owner, Contractor, and one copy to Record Documents File. Each report shall include: 1. Date issued. 2. Project title and number. 3. Testing laboratory name, address and telephone number. 4. Name and signature of laboratory inspector. 5. Date and time of sampling or inspection. 6. Record of temperature and weather conditions. 7. Date of test. 8. Identification of product and specification section. 9. Location of sample or test in the Project. 10. Type of inspection or test. 11. Observations on compliance with Contract Documents. F. Prepare a summary report for each category of inspection certifying that the work has been inspected and meets the Contract Documents. Specifically list all discrepancies found which have not yet been repaired or resolved. G. Perform additional tests as required by Engineer or the Owner. CORNELL UNIVERSITY SECTION 01 45 29 Ithaca, New York TESTING LABORATORY SERVICES HOY PARKING GARAGE TESTING LABORATORY 01 45 29-3 PLANNED MAINTENANCE 2019 SERVICES DECEMBER 12, 2018 1.4 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY A. Laboratory is not authorized to: 1. Release, revoke, alter or enlarge on requirements of Contract Documents. 2. Approve or accept any portion of the Work. 3. Perform any duties of the Contractor. 1.5 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with laboratory personnel. Provide access to Work, and Manufacturer's operations. B. Secure and deliver to the laboratory adequate quantities of representative samples of materials proposed to be used and for which testing is specified. C. Provide to the laboratory the approved design mixes proposed to be used for concrete, and other material mixes which require control by the testing laboratory. D. Furnish copies of Products test reports as required. E. Furnish incidental labor and facilities: 1. To provide access to Work to be tested. 2. To obtain and handle samples at the Project site or at the source of the product to be tested. 3. To facilitate inspections and tests. 4. For Laboratory's exclusive use for storage and curing of test samples. F. Notify laboratory a minimum of 24 hours in advance of operations to allow for laboratory assignment of personnel and scheduling of tests. 1. When tests or inspections cannot be performed after such notice, reimburse laboratory for personnel and travel expenses incurred due to Contractor's responsibility. G. Make arrangements with laboratory and pay for additional samples and tests required for Contractor's convenience. H. Employ and pay for the services of a separate, equally qualified independent testing laboratory to perform additional inspections, sampling and testing required when initial tests indicate Work does not comply with Contract Documents. CORNELL UNIVERSITY SECTION 01 45 29 Ithaca, New York TESTING LABORATORY SERVICES HOY PARKING GARAGE TESTING LABORATORY 01 45 29-4 PLANNED MAINTENANCE 2019 SERVICES DECEMBER 12, 2018 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ***END OF SECTION 01 45 29*** CORNELL UNIVERSITY SECTION 01 45 33 Ithaca, New York CODE-REQUIRED SPECIAL INSPECTIONS AND PROCEDURES HOY PARKING GARAGE CODE-REQUIRED SPECIAL 01 45 33-1 PLANNED MAINTENANCE 2019 INSPECTIONS AND PROCEDURES DECEMBER 12, 2018 SECTION 01 45 33 CODE REQUIRED SPECIAL INSPECTIONS AND PROCEDURES 1.0 GENERAL 1.1 REQUIREMENTS A. Special Inspections and Structural Testing shall be in accordance with Chapter 17 of the Building Code of New York State (BCNYS). B. Hold a Special Inspections preconstruction meeting at least seven (7) days prior to the initial planned date for start of construction. 1. Discussion shall include the following: a. Review of specifications and Schedule of Special Inspections for work requiring Special Inspections. b. Responsibilities of Contractor, Owner, Testing Agency, Special Inspector, and Registered Design Professional. c. Notification and reporting procedures. 2. Attendees shall include the Contractor, Owner’s representative, Testing Agency, Special Inspector, and Registered Design Professionals for Structural Engineering and for Architecture. 1.2 DEFINITIONS A. Registered Design Professional: The licensed Professional Engineer or Registered Engineer whose seal appears on the Construction Drawings. B. Code Enforcement Official: The Officer or other designated authority charged with administration and enforcement of the BCNYS. C. Testing/Inspecting Agency: An agent retained by the Special Inspector or by the Owner and coordinated by the Special Inspector, to perform some of the inspection services on behalf of the Special Inspector. (An example of an Inspecting Agent is a Geotechnical Engineer.) D. Statement of Special Inspections: A document prepared by the Registered Design Professional and filed with and approved by the Code Enforcement Official that includes the Schedule of Special Inspections listing the materials and work requiring Special Inspections. This document includes the inspections and verifications required for the project and the individuals, agencies, and/or firms who will be retained to perform these services. E. Continuous Special Inspection: The full-time observation of work by the Special Inspector or Testing Agency while the work is being performed. CORNELL UNIVERSITY SECTION 01 45 33 Ithaca, New York CODE-REQUIRED SPECIAL INSPECTIONS AND PROCEDURES HOY PARKING GARAGE CODE-REQUIRED SPECIAL 01 45 33-2 PLANNED MAINTENANCE 2019 INSPECTIONS AND PROCEDURES DECEMBER 12, 2018 F. Periodic Special Inspections: The part-time or intermittent observation of work by the Special Inspector or Testing Agency for work that has been or is being performed and at the completion of the work. 1.3 QUALIFICATIONS A. The Special Inspector and Testing/Inspecting Agency shall be accepted by the Owner. B. Special Inspections shall be performed by agents who have relevant experience for each category of inspections indicated on the drawings. C. Minimum qualifications of inspection agents are indicated on the drawings. 1.4 SUBMITTALS A. The Special Inspector and Testing/Inspecting Agency shall submit to the Registered Design Professional and Code Enforcement Official for review, a copy of their qualifications including the names and qualifications of each of the individual inspectors and technicians who will be performing inspections or tests. B. The Special Inspector and Testing/Inspecting Agency shall disclose any past or present business relationship or potential conflict of interest with the Contractor or any of the Subcontractors whose work will be inspected or tested. 1.5 PAYMENT A. The Owner will engage and pay for the services of the Special Inspector and Testing/Inspecting Agency. B. The Contractor shall be responsible for the cost of any retesting or re-inspection of work failing to comply with the requirements of the Contract Documents. 1.6 OWNER RESPONSIBILITIES A. The Owner will provide the Special Inspector with a complete set of Contract Documents sealed by the Registered Design Professional and approved by the Code Enforcement Official. 1.7 CONTRACTOR RESPONSIBILITIES A. The Contractor shall cooperate with the Special Inspector and his agents so that Special Inspections and testing may be performed without hindrance. B. As indicated in the Schedule of Special Inspections, the Contractor shall notify the Special Inspector and/or Testing/Inspecting Agency at least 48 hours in advance of a required inspection or test. C. The Contractor shall provide incidental labor and facilities to provide access to the work to be inspected or tested, to obtain and handle samples at the site or at source of products to be tested, to facilitate tests and inspections, and for storage and curing of test samples. CORNELL UNIVERSITY SECTION 01 45 33 Ithaca, New York CODE-REQUIRED SPECIAL INSPECTIONS AND PROCEDURES HOY PARKING GARAGE CODE-REQUIRED SPECIAL 01 45 33-3 PLANNED MAINTENANCE 2019 INSPECTIONS AND PROCEDURES DECEMBER 12, 2018 D. If Special Inspections or testing require the use of the Contractor’s scaffolding to access work areas, the Contractor shall provide a competent person to perform the daily evaluation of the scaffolding to verify that it is safe to use. The Contractor shall notify the Special Inspector and Testing Agent of this review before each use. The Contractor is responsible for the safe assembly and stability of the scaffolding. E. The Contractor shall keep the latest set of Construction Drawings, field sketches, accepted shop drawings, and specifications at the project site for field use by the Inspectors and Testing Technicians. F. The Contractor shall perform remedial work (if required) and sign non-conformance reports stating that remedial work has been completed. The Contractor shall submit signed reports to the Special Inspector as work proceeds. G. The Special Inspection program shall in no way relieve the Contractor of his obligation to perform work in accordance with the requirements of the Contract Documents or from implementing an effective Quality Control program. H. The Contractor shall be solely responsible for construction site safety. 1.8 LIMITS ON AUTHORITY A. The Special Inspector or Testing/Inspecting Agency shall not release, revoke, alter, or enlarge on the requirements of the Contract Documents. B. The Special Inspector or Testing/Inspecting Agency shall not have control over the Contractor’s means and methods of construction. C. The Special Inspector or Testing/Inspecting Agency shall not be responsible for construction site safety. D. The Special Inspector or Testing/Inspecting Agency shall not have the authority to stop the work. 2.0 INSPECTIONS AND TESTING A. The Contractor shall follow the Special Inspection requirements developed by the Engineer/Engineer of Record. 3.0 DOCUMENTATION 3.1 RECORDS AND REPORTS A. Detailed reports shall be prepared of each test or inspection. The reports shall include the following general information: 1. Project name and number. 2. Date of test or inspection. CORNELL UNIVERSITY SECTION 01 45 33 Ithaca, New York CODE-REQUIRED SPECIAL INSPECTIONS AND PROCEDURES HOY PARKING GARAGE CODE-REQUIRED SPECIAL 01 45 33-4 PLANNED MAINTENANCE 2019 INSPECTIONS AND PROCEDURES DECEMBER 12, 2018 3. Name of Testing Agency or Inspecting Agency. 4. Name of technician or inspector. 5. Weather conditions. 6. Locations and elevations of specific areas tested or inspected referenced to gridlines. 7. Description of test or inspection. 8. Reference to applicable ASTM standard. 9. Summary of observations, results, and recommendations. 10. Description of any areas or materials requiring retesting or re-inspection. B. Concrete compressive strength test reports shall contain the following information: 1. Name of Contractor and concrete supplier. 2. Name of concrete testing service. 3. Name of technician making and testing specimens. 4. Truck number and delivery ticket number. 5. Date and location within the structure of concrete placement. 6. Concrete type, class, mix proportions of materials, and design compressive strength at 28 days. 7. Slump, air content, unit weight, and concrete temperature. 8. Total time period between batching and completion of placement for each truck. 9. Compressive strength and type of break for all tests. C. Field reports for concrete inspection shall contain the general information noted above, plus ambient temperature and cylinder numbers. D. Test reports for masonry materials shall include proportions, composition, and compressive strength. 3.2 COMMUNICATION A. The Testing/Inspecting Agency shall immediately notify the Owner, Contractor, Special Inspector, and Registered Design Professional by telephone, fax, or email of any test results failing to comply with the requirements of the Contract Documents. CORNELL UNIVERSITY SECTION 01 45 33 Ithaca, New York CODE-REQUIRED SPECIAL INSPECTIONS AND PROCEDURES HOY PARKING GARAGE CODE-REQUIRED SPECIAL 01 45 33-5 PLANNED MAINTENANCE 2019 INSPECTIONS AND PROCEDURES DECEMBER 12, 2018 B. The Special Inspector shall immediately notify the Contractor of any work found to be in nonconformance with the Contract Documents during inspections. If the nonconforming work is not corrected while the Special Inspector is on-site, the Special Inspector shall notify the Owner and Registered Design Professional within 24 hours (one business day) and issue a nonconformance report. The Special Inspector may use the Special Inspection Non- Conformance Report form at the end of this section or other similar form. C. If the nonconforming work is not corrected at the time of substantial completion of the structure or other appropriate time, the Special Inspector shall notify the Owner. 3.3 DISTRIBUTION OF REPORTS A. The Testing/Inspecting Agency shall submit reports to the Owner, Special Inspector and the Registered Design Professional within seven (7) days of the inspection or test. Legible handwritten reports may be submitted if final typed copies are not available. B. The Special Inspector shall submit reports to the Owner and Registered Design Professional within seven (7) days of the inspections. Legible handwritten reports may be submitted if final typed copies are not available. C. If requested by the Code Enforcement Official, the Special Inspector shall submit interim reports which include all inspections and tests performed since the beginning of construction or since the previous interim report. Interim reports shall be addressed to the Code Enforcement Official with copies sent to the Registered Design Professionals (Structural Engineer and Architect) and Contractor. Interim reports shall be signed by the agent performing inspections. 3.4 FINAL REPORT OF SPECIAL INSPECTIONS A. At the completion of work, each Testing/Inspecting Agency shall submit an Agent’s Final Report of Special Inspections to the Special Inspector stating that work was completed in substantial conformance with the Contract Documents and that appropriate inspections and tests were performed. The Testing/Inspecting Agency may use the Agent’s Final Report of Special Inspections form provided at the end of this section or other similar form. B. At the completion of work, the Special Inspector shall compile all inspection and test reports generated by each Agent into a Final Report of Special Inspections. The Final Report of Special Inspections shall state that required inspections have been performed and shall itemize any nonconforming work not corrected or resolved. C. The Special Inspector may use the Final Report of Special Inspections form provided at the end of this section or other similar form based on CASE Form 102-2001. D. The Special Inspector shall submit The Final Report of Special Inspections to the Owner, Registered Design Professional and Code Enforcement Official prior to issuance of a Certificate of Use and Occupancy. HOY PARKING GARAGE CODE-REQUIRED SPECIAL 01 45 33-6 PLANNED MAINTENANCE 2019 INSPECTIONS AND PROCEDURES DECEMBER 12, 2018 SPECIAL INSPECTION NON-CONFORMANCE REPORT NO. DATE: ___________________________ TO: CC: Contractor: FROM: ___________________________, Special Inspector PROJECT: PART I: REFERENCE SPECIAL INSPECTION REPORT NO. (Attach copy of report) DESCRIPTION OF NON-CONFORMANCE: RDP RESPONSE: (PROVIDE ATTACHMENTS IF NECESSARY) RDP SIGNATURE ____________________________________ DATE__________________ IS RE-INSPECTION BY SPECIAL INSPECTOR REQUIRED □ YES □ NO PART II: CONTRACTOR VERIFICATION (To be completed by either the [General Contractor or Construction Manager] or Subcontractor and returned to the Special Inspector and the RDP.) I verify that as of the date listed, the non-conforming item noted above has been corrected as required. Date Completed By (Contractor’s Site Representative) HOY PARKING GARAGE CODE-REQUIRED SPECIAL 01 45 33-7 PLANNED MAINTENANCE 2019 INSPECTIONS AND PROCEDURES DECEMBER 12, 2018 AGENT’S FINAL REPORT OF SPECIAL INSPECTIONS Project Name: Special Inspector: Location: Agent: Special Inspector’s Project: Agent’s Project: To the best of my information, knowledge, and belief, the Special Inspections or testing required for this project and designated for this Agent in the Statement of Special Inspections (which includes the Schedule of Special Inspections) submitted for permit have been performed and discovered discrepancies have been reported and resolved other than the following: Comments: [Attach continuation sheets if required to complete description of uncorrected discrepancies.] Respectfully submitted, Agent of the Special Inspector ______________________________________________ (Type or print name) ______________________________________________ Signature Date ______________________________________________ Address ______________________________________________ City, State, Zip Design Professional Seal or Certification HOY PARKING GARAGE CODE-REQUIRED SPECIAL 01 45 33-8 PLANNED MAINTENANCE 2019 INSPECTIONS AND PROCEDURES DECEMBER 12, 2018 FINAL REPORT OF SPECIAL INSPECTIONS AND STRUCTURAL OBSERVATIONS Project Name: Registered Design Professionals Location: Architecture: Name Address Owner: CORNELL UNIVERSITY Owner’s Address: Structural Engineering: Name Address Special Inspector: Name Address To the best of my information, knowledge, and belief, the Special Inspections required for this project and itemized in the Statement of Special Inspections (which includes the Schedule of Special Inspections) submitted for permit have been performed and discovered discrepancies have been reported and resolved other than the following: Comments: [Attach continuation sheets if required to complete description of uncorrected discrepancies.] Interim reports submitted prior to this final report form a basis for and are to be considered an integral part of this final report. Agent’s Final Reports of Special Inspections are attached and are also a part of this Final Report. Respectfully submitted, Special Inspector ______________________________________________ (Type or print name) ______________________________________________ Signature Date ***END OF SECTION 01 45 33*** Professional Seal CORNELL UNIVERSITY SECTION 01 66 00 Ithaca, New York STORAGE AND PROTECTION HOY PARKING GARAGE STORAGE AND PROTECTION 01 66 00-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 66 00 STORAGE AND PROTECTION 1.0 GENERAL 1.1 DESCRIPTION A. Receive, pile, store and handle all materials, equipment and other items incorporated or to be incorporated in the Work, including items furnished by the Owner in a careful and prudent manner and shall protect them against loss or damage from every source. B. Obscure from public view, in a manner acceptable to the Owner, staging and storage areas. 1.2 TRANSPORTATION AND HANDLING A. Transport and handle products in accordance with manufacturer's instructions; using means and methods that will prevent damage, deterioration, and loss, including theft. B. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction space. C. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. D. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installation. E. Promptly inspect shipments to assure that products comply with requirements, quantities are correct and products are undamaged. F. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement or damage. 1.3 ON-SITE STORAGE A. Materials stored on the Site shall be neatly piled and protected, and shall be stored in a neat and orderly manner in locations that shall not interfere with the progress of the Work or with the daily functioning of the Institution. B. Materials subject to weather damage shall be protected against the weather by floored weatherproof temporary storage sheds. C. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage. D. Storage piles and sheds shall be located within the area designated as the Staging Area. The Contractor shall work to insure that the condition of the staging area has no negative impact on the Campus, visually or otherwise; and that outside of that area. The Contractor has no impact at all on the Campus. CORNELL UNIVERSITY SECTION 01 66 00 Ithaca, New York STORAGE AND PROTECTION HOY PARKING GARAGE STORAGE AND PROTECTION 01 66 00-2 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 E. Materials stored within the building shall be distributed in such a manner as to avoid overloading of the structural frame, and never shall be concentrated in such a manner as to exceed the equivalent of 50 pounds per square foot uniformly distributed loading. Stored materials shall be moved if they interfere with the progress of the work. F. Should it become necessary during the course of the Work to move stored materials or equipment, the Contractor, at the direction of the Owner or the Owner's Representative, shall move such materials or equipment. 1.4 PALM ROAD STORAGE A. All property including construction materials and equipment stored at the Palm Road location shall be stored at the Contractor’s sole risk. The Contractor is solely responsible for repair or replacement of property due to any cause of loss. B. The Contractor agrees to hold Cornell harmless from any accident or injury occurring at Palm Road storage site associated with the Contractor’s storage. C. The Contractor understands that Cornell makes “no” warranty regarding any security at the Palm Road site. D. The Contractor agrees that it is solely responsible for any cleanup of any site contamination caused by the Contractor’s storage or storage operations and the Contractor agrees to pay for cleanup of any contamination and restore the site back to the same condition it was found. E. It shall be assumed that the Contractor is responsible for site contamination unless the Contractor has reported condition prior to moving storage materials and equipment onto the site. Each Contractor shall be responsible for their own general area whether defined formally or not but in cases where pollutants have traveled or are found in the public areas used by all contractors, the Contractor agrees as follows: 1. If it cannot be determined who is responsible for site contamination after an investigation, all contractors who could be responsible based upon location of the incident agree to share the expense of cleanup equally. F. No storage of hazardous materials or environmental contaminants is permitted at the Palm Road site. All barrels must have labels affixed identifying contents. G. Unoccupied storage containers not within the project fence shall be labeled in the Cornell standard. Signs customized for the project shall be ordered from Ithaca Plastics, Inc., 305 West Green Street, Ithaca, New York 14850, Phone - 607.272.8232, Fax - 607.277.2579, Email – db@ithacaplastics.com. 1.5 PROTECTION A. The Contractor shall provide security personnel and adopt other security measures as may be necessary to adequately protect materials and equipment stored at the site. The Contractor shall be obligated to replace or pay for all materials and equipment including items furnished by the Owner which have been damaged or stolen prior to completion of the Work. CORNELL UNIVERSITY SECTION 01 66 00 Ithaca, New York STORAGE AND PROTECTION HOY PARKING GARAGE STORAGE AND PROTECTION 01 66 00-3 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 B. Protection of Utilities 1. If during the course of the Project, it is necessary to work adjacent to existing utilities, pipelines, structures and equipment, the Contractor shall take all necessary precautions to protect existing facilities from damage. 2. Locations of utilities as shown on the Contract Documents are approximate only. The Contractor shall excavate or otherwise locate to verify existing utilities in advance of its operation. C. Protective Covering 1. All finished surfaces shall be protected by the Contractor as follows: a. Door and the jambs and soffits of openings used as passageways or through which material is handled, shall be cased and protected adequately against possible damage resulting from the conduct of the work of all trades. b. All surfaces shall be clean and not marred upon delivery of the building to the Owner. The Contractor shall, without extra compensation, replace all blocks, gypsum board, plaster, paint, fire proofing, tile, and all other surfaces, whether or not protected, which are damaged, and shall refinish (including painting as specified) to satisfaction of Owner. c. Tight wood sheathing shall be laid under any materials that are stored on finished concrete surfaces and planking must be laid before moving any materials over these finished areas. Wheelbarrows used over such areas shall have rubber tires on wheels. d. Contractor has the responsibility for protection of carpeting and all finish flooring during all phases of the work including after installation. e. All floors exposed to view as a floor finish shall be protected by overlaying with plywood in all areas subject to construction traffic within and without the building, special care shall be taken to protect all stair finish surfaces including but not limited to flooring, wood in-fill stairs, cabinetry, counters, equipment, etc. 1.6 PROTECTION AFTER INSTALLATION A. Protect installed products, including Owner-provided products, and control traffic in immediate area to prevent damage from subsequent operations. B. Provide protective coverings at walls, projections, corners, and jambs, sills, and soffits of openings in and adjacent to traffic areas. C. Protect waterproofed surfaces: 1. Restrict use of surfaces for traffic of any kind, and for storage of products. 2. When an activity is mandatory, obtain recommendations for protection of surfaces from manufacturer. Install protection and remove on completion of activity. Restrict use of adjacent unprotected areas. CORNELL UNIVERSITY SECTION 01 66 00 Ithaca, New York STORAGE AND PROTECTION HOY PARKING GARAGE STORAGE AND PROTECTION 01 66 00-4 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ***END OF SECTION 01 66 00*** CORNELL UNIVERSITY SECTION 01 77 00 Ithaca, New York PROJECT CLOSEOUT HOY PARKING GARAGE PROJECT CLOSEOUT 01 77 00-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 77 00 PROJECT CLOSEOUT 1.0 GENERAL 1.1 INSPECTIONS A. Substantial Completion: 1. Within a minimum of five (5) days prior to substantial completion, when the Work has reached such a point of completion that the building or buildings, equipment and apparatus can be occupied and used for the purpose intended, the Contractor shall conduct a detailed inspection of the Work to ensure that all requirements of the Contract have been met and that the Work is complete and is acceptable. Contractor shall prepare and submit a list of items to be completed and corrected (Contractor's punch list), indicating the value of each item on the list and reasons why the Work is incomplete. 2. After receipt of the Contractor’s initial punch list, the Engineer will make an inspection of the Work to determine that the Work is substantially complete and that requirements of the Contract have been met and that the Work is sufficiently complete and is acceptable for use. The Engineer will submit a marked-up list of items to be completed and/or corrected, inclusive of the Contractor’s punch list. The Engineer shall prepare a Certificate of Substantial Completion, on the basis of an inspection, when the Engineer has determined that the work is substantially complete. 3. A copy of the report of the inspection will be furnished to the Contractor as the inspection progresses so that the Contractor may proceed without delay with any part of the Work found to be incomplete or defective. B. Final Acceptance: 1. When the items appearing on the report of inspection have been completed or corrected, the Contractor shall so advise the Engineer. After receipt of this notification and Contractor’s certified list of completed items, the Owner's Representative will inform the Contractor of the date and time of final inspection. A copy of the report of the final inspection containing all remaining contract exceptions, omissions and incomplete work will be furnished to the Contractor. 2. After receipt of notification of completion and all remaining contract exceptions, omissions and incomplete work from the Contractor, the Engineer will make an inspection to verify completion of the exception items appearing on the report of final inspection. CORNELL UNIVERSITY SECTION 01 77 00 Ithaca, New York PROJECT CLOSEOUT HOY PARKING GARAGE PROJECT CLOSEOUT 01 77 00-2 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 1.2 SUBMITTALS A. Contractor's List of Incomplete Items: Initial punch list submittal at Substantial Completion. 1. Organize list of spaces in sequential order, starting with exterior areas first and proceeding from lowest floor to highest floor, listing by room or space number. Organize items applying to each space by major element, including categories for individual exterior face elevations, ceilings, individual walls, floors, doors, roof levels, casework, equipment, and building systems. B. Contractor's Certified List of Completed Items: Final signed punch list submittal at Final Completion. C. Certificates of Release: Occupancy permits from authorities having jurisdiction. 1.3 FINAL CLEAN UP A. Upon completion of the work covered by the Contract the Contractor shall leave the completed Project ready for use and occupancy without the need of further cleaning of any kind and with all Work in new condition and in perfect order. In addition, upon completion of all Work the Contractor shall remove from the vicinity of the Work all plant, buildings, rubbish, unused materials, concrete forms and other materials belonging to him or used under its direction during construction or impairing the use or appearance of the property and shall restore such areas affected by the work to their original condition, and, in the event of its failure to do so, the same shall be removed by the Owner at the expense of the Contractor, and the Contractor and/or its surety shall be liable therefore. Final clean-up shall include but not be limited to the following: 1. All finished surfaces shall be swept, dusted, washed and polished. This includes cleaning of the Work of all finishing trades where needed, whether or not cleaning by such trades is included in their respective sections of the specifications. 2. Where the finish of floors has been marred or damaged in any space or area, the entire floor of that space or area shall be refinished as recommended by the manufacturers of the flooring. 3. All equipment shall be in an undamaged, bright, clean, polished and new appearing condition. 4. All new glass shall be washed and polished, both sides. The Contractor shall be responsible for all breakage of glass in the area of the Work from the commencement of its activities until the building is turned over to Owner. The Contractor shall replace all broken glass and deliver the entire building with all glazing intact and clean. 5. Refer to exterior clean up. Remove paint and glazing compound from surfaces. B. Clean adjacent structures and improvements of dust, dirt, and debris caused by construction operations. Return adjacent areas to condition existing before construction operations began. CORNELL UNIVERSITY SECTION 01 77 00 Ithaca, New York PROJECT CLOSEOUT HOY PARKING GARAGE PROJECT CLOSEOUT 01 77 00-3 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ***END OF SECTION 01 77 00*** CORNELL UNIVERSITY SECTION 01 78 36 Ithaca, New York WARRANTIES AND BONDS HOY PARKING GARAGE WARRANTIES AND BONDS 01 78 36-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 78 36 WARRANTIES AND BONDS 1.0 GENERAL 1.1 DESCRIPTION The Contractor shall: A. Compile specified warranties and bonds. B. Compile specified service and maintenance contracts. C. Co-execute submittals when so specified. D. Review submittals to verify compliance with Contract Documents. E. Submit to Engineer for transmittal to Owner. 1.2 SUMMARY A. This Section specifies general administrative and procedural requirements for warranties and bonds required by the Contract Documents, including manufacturer’s standard warranties on products and special warranties. 1. Refer to the General Conditions for terms of the Contractor's special warranty of workmanship and materials. 2. General closeout requirements are included in Section 01 77 00 - "Project Closeout." 3. Specific requirements for warranties for the Work and products and installations that are specified to be warranted, are included in the individual Sections of Divisions 2 through 40. 4. Certifications and other commitments and agreements for continuing services to Owner are specified elsewhere in the Contract Documents. B. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Contractor of the warranty on the Work that incorporates the products, nor does it relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor. 1.3 DEFINITIONS A. Standard Product Warranties are pre-printed written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to the Owner. CORNELL UNIVERSITY SECTION 01 78 36 Ithaca, New York WARRANTIES AND BONDS HOY PARKING GARAGE WARRANTIES AND BONDS 01 78 36-2 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 B. Special Warranties are written warranties required by or incorporated in the Contract Documents, either to extend time limits provided by standard warranties or to provide greater rights for the Owner 1.4 QUALITY ASSURANCE A. Use adequate care and diligence to review Contract Documents to identify detailed requirements relating to warranties and bonds. B. Verify that each item required for this submittal conforms with specified requirements. 1.5 WARRANTY REQUIREMENTS A. In addition to standard and special warranties described in Divisions 2 through 40, Contractor shall warrant Work included in this project, for a minimum period of one (1) year following acceptance of a Certificate of Substantial Completion by Owner, to cover performance, materials, workmanship and compliance with Contract Documents. B. Corrective Work: Provide service within thirty (30) calendar days when requested by Owner. Perform services during normal working hours, unless specifically directed otherwise by Owner. Coordinate with Owner’s representative to schedule performance of corrective work. Where designated service providers cannot perform corrective work within the Owner’s required time frame, engage another qualified service provider. Submit a written statement to Owner upon completion of corrective work; document work performed and list outstanding items, if any. 1. When a completed breakdown of a piece of equipment occurs of the malfunction of a system affects the environment or program involving 50 or more persons at a time (employees and students combined), or creates a safety or security risk to the Owner, an EMERGENCY may be declared by the Owner. The Owner may declare an emergency as defined above at which time the service response must be within 4 hours and may require action during non-normal working hours. 2. When an emergency condition occurs, the Owner may take immediate corrective action to relieve the problem by making, a minimum as possible, temporary adjustments and/or repairs when necessary to decrease the problem until the designated Contractor’s representative can respond. These temporary adjustments and repairs will in no way jeopardize the existing warranty. 3. The Owner’s service staff will advise the Contractor’s Representative of all temporary adjustments and repairs done in relation to the malfunctioning equipment or facility. 4. If the Contractor fails to respond with actual service within four (4) hours, and/or the necessary repairs or adjustments are not satisfactorily complete twenty-four (24) hours, the Owner will have the authority to make the necessary repairs or adjustments and charge the Contractor for parts and labor. 5. If all adjustments and repairs done by the Owner in relation to the above conditions are done by authorized district personnel, there will be no negative effect of future warranty claims. CORNELL UNIVERSITY SECTION 01 78 36 Ithaca, New York WARRANTIES AND BONDS HOY PARKING GARAGE WARRANTIES AND BONDS 01 78 36-3 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 C. Related Damages and Losses: When correcting failed or damaged warranted Work, remove and replace other Work that has been damaged as a result of such failure or that must be removed and replaced to provide access for correction of warranted Work. D. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. E. Replacement Cost: Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective Work regardless of whether the Owner has benefited from use of the Work through a portion of its anticipated useful service life. F. Owner's Recourse: Expressed warranties made to the Owner are in addition to implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law. Expressed warranty periods shall not be interpreted as limitations on time in which the Owner can enforce such other duties, obligations, rights, or remedies. G. Contractor's Procurement Obligations: Do not purchase, subcontract for, or allow others to purchase or subcontract for materials or units of Work for Project where a special project guaranty, specified product warranty, certification, or similar commitment is required until it has been determined that entities required to sign or countersign such commitments are willing to do so. H. Specific Warranty. Where a special warranty, certification, or similar commitment is required on such Work or part of the Work, the Owner reserves the right to refuse to accept the Work until the Contractor presents evidence that entities required to countersign such commitments are willing to do so. 1.6 SUBMITTAL REQUIREMENTS A. Submit written warranties to the Engineer prior to the date certified for Substantial Completion. If the Engineer’s Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the Work, or a designated portion of the Work, submit written warranties upon request of the Engineer or Owner. 1. When a designated portion of the Work is completed and occupied or used by the Owner, by separate agreement with the Contractor during the construction period, submit properly executed warranties to the Engineer and Owner within fifteen (15) days of completion of that designated portion of the Work. B. When a special warranty is required to be executed by the Contractor, or the Contractor and a subcontractor, supplier or manufacturer, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner through the Engineer for acceptance prior to final execution. CORNELL UNIVERSITY SECTION 01 78 36 Ithaca, New York WARRANTIES AND BONDS HOY PARKING GARAGE WARRANTIES AND BONDS 01 78 36-4 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 1.7 SUBMITTALS REQUIRED A. Submit warranties, bonds, and service and maintenance contracts as specified in the respective sections of Specifications. Submit a schedule listing all required warranties. 2.0 PRODUCTS – NOT USED 3.0 EXECUTION 3.1 FORM OF SUBMITTALS A. The Warranties and Bonds shall be in electronic pdf format. Each submission shall include the title of the Project and the name of the Contractor. B. Provide a series of files organized in subdirectories with a summary index with hyperlinks to the various documents and or references. C. Assemble warranties, bonds and service and maintenance contracts, executed by each of the respective manufacturers, suppliers and subcontractors. D. Table of Contents: Neatly typed, in orderly sequence. Provide complete information for each item. 1. Product or work item. 2. Item description. 3. Notation of what the equipment serves (e.g. – Provides perimeter heat) 4. Warranty Provider. Is the warranty provided by a manufacturer or installer? 5. Firm, with name of principal and responsible party, address and telephone number. 6. Scope. 7. Duration. a. Date of beginning of warranty, bond or service and maintenance contract b. End date of warranty, bond or service and maintenance contract. 8. Provide information for Owner's personnel: a. Proper procedure in case of failure. b. Instances which might affect the validity of warranty or bond. 9. Contractor, name of responsible principal, address and telephone number. CORNELL UNIVERSITY SECTION 01 78 36 Ithaca, New York WARRANTIES AND BONDS HOY PARKING GARAGE WARRANTIES AND BONDS 01 78 36-5 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 3.2 TIME OF SUBMITTALS A. Make final submittals within ten (10) days after Date of Substantial Completion, prior to final request for payment. B. For items of work when acceptance is delayed materially beyond the Date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing the date of acceptance as the start of the warranty period. ***END OF SECTION 01 78 36*** CORNELL UNIVERSITY SECTION 01 78 39 Ithaca, New York RECORD DOCUMENTS HOY PARKING GARAGE RECORD DOCUMENTS 01 78 39-1 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 SECTION 01 78 39 RECORD DOCUMENTS 1.0 GENERAL 1.1 DESCRIPTION A. The Contractor shall maintain at the site, during construction, one record copy of: 1. Drawings 2. Specifications 3. Addenda 4. Change Orders and other Modifications to the Contract 5. Engineer’s Field Orders or written instructions. 6. Final Shop Drawings, Product Data and Samples 7. Field Test records 8. Construction photographs 1.2 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store documents and samples in Contractor's field office apart from documents used for construction. B. File documents and samples in accordance with Data Filing Format of the Uniform Construction Index. C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for review by the Owner’s Representative and the Engineer. 1.3 RECORDING A. Label each document "AS BUILT" in neat large printed letters. B. Record information concurrently with construction progress. 1. Do not conceal any work until required information is recorded. CORNELL UNIVERSITY SECTION 01 78 39 Ithaca, New York RECORD DOCUMENTS HOY PARKING GARAGE RECORD DOCUMENTS 01 78 39-2 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 C. Drawings As built drawings shall consist of making any changes neatly and clearly on the Contract Drawings using colored ink or pencil, shall be kept current by the contractor on a day-to-day basis in concert with the progress of the work. Where applicable, the change marked on a drawing is to carry the notation “per Change Order No. X”, or similar reference which cites the reason for the change. As an alternative approach the Contractor can submit a plan for producing the “As-Built” drawings via electronic mark-up in Bluebeam, Adobe Professional, or other similar program as an alternative to colored pencil or ink mark-ups. Such plan shall be subject to approval of the Owner. The day-to-day construction as built drawings shall be made available to the Engineer or Owner’s Representative for review upon request. The "As built" drawings shall show all changes to the following areas of construction: 1. Architectural/Structural: a. Modifications to components dictated by the building code b. Material and products where submittals are requested c. Dimensions for load carrying elements, both horizontal and vertical d. Load carrying elements and foundation systems e. All significant changes in foundations, columns, beams, openings, concrete reinforcing, lintels, concealed anchorages and "knock-out" panels made during construction. f. Items that will require future maintenance g. Life safety critical items D. Specifications and Addenda Legibly mark each section to record: 1. Manufacturer, trade name, catalog number, and Supplier of each product and item of equipment actually installed. 2. Changes made by Field Order or by Change Order. 1.4 SUBMITTAL A. At Contract close-out, deliver copies of all record documents to the Owner’s Representative. B. Accompany submittal with transmittal letter in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address CORNELL UNIVERSITY SECTION 01 78 39 Ithaca, New York RECORD DOCUMENTS HOY PARKING GARAGE RECORD DOCUMENTS 01 78 39-3 PLANNED MAINTENANCE 2019 DECEMBER 12, 2018 4. Title and number of each record document 5. Certification that each document is complete and accurate 6. Signature of Contractor or its authorized representative. 2.0 PRODUCTS – NOT USED 3.0 EXECUTION – NOT USED ***END OF SECTION 01 78 39**