HomeMy WebLinkAboutOlin-Library-Terrace-Renewal_Project-Front EndsOLIN LIBRARY
TERRACE RENEWAL
Project Manual & Specifications
April 24, 2019
Owner
Cornell University
Ithaca, NY 14853
Architect
Bell & Spina Architects
215 Wyoming Street
Syracuse, NY 13204
OLIN LIBRARY TERRACE RENEWAL TABLE OF CONTENTS
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 23 00 Alternates
Section 01 25 00 Substitutions and Product Options
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 50 00 Temporary Facilities and Controls
Section 01 51 00 Temporary Utilities
Section 01 51 23 Heat During Construction
Section 01 57 13 Soil Erosion and Sediment Control
Section 01 66 00 Storage and Protection
Section 01 71 23 Field Engineering
Section 01 73 29 Cutting, Patching and Repairing
Section 01 77 00 Project Close Out
Section 01 78 22 Fixed Equipment Inventory
Section 01 78 23 Operating and Maintenance Data
Section 01 78 36 Warranties and Bonds
Section 01 78 39 Record Documents
OLIN LIBRARY TERRACE RENEWAL TABLE OF CONTENTS
Page 2
TECHNICAL SPECIFICATIONS
DIVISION 2 – EXISITNG CONDITIONS
Section 02 31 26 Existing Hazardous Material Info
Section 02 41 19 Selective Demolition
Section 02 82 13 Asbestos Abetment
Section 02 83 13 Lead Remediation
DIVISION 03 – CONCRETE
Section 03 01 00 Maintenance of Concrete
Section 03 01 33 FRP Reinforcing
Section 03 30 00 Cast-in-Place Concrete
DIVISION 04 –MASONRY
Section 04 01 40 Stone Restoration
Section 04 42 00 Dimensioned Exterior Stone
DIVISION 05 - METALS
Section 05 05 13 Shop-Applied Coatings for Metal
Section 05 12 00 Structural Steel
Section 05 73 00 Decorative Metal Railings
DIVISION 06 – WOOD AND COMPOSITES
Section 06 10 00 Rough Carpentry
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
Section 07 01 50.19 Preparation for Re-Roofing
Section 07 52 16 (SBS) Modified Bituminous Membrane Roofing
Section 07 62 00 Sheet Metal Flashing and Trim
Section 07 72 00 Roof Accessories
Section 07 76 16 Pedestal Paver System
Section 07 92 00 Joint Sealants
DIVISION 08 – OPENINGS
Section 08 91 19 Fixed Louvers
DIVISION 23 – HVAC
Section 23 05 00 Common Work Results for HVAC
Section 23 05 12 Submittals and Shop Drawings
Section 23 05 93 Testing, Adjusting, and Balancing
Section 23 09 10 Fans
Section 23 31 13 Ducts and Accessories
DIVISION 26 - ELECTRICAL
Section 26 00 10 General Electrical Requirements
Section 26 05 00 Common Work Results for Electrical
Section 26 09 29 Lighting Control Devices
Section 26 27 26 Wiring Devices
Section 26 41 00 Lightening Protection System
Section 26 50 00 Lighting
OLIN LIBRARY TERRACE RENEWAL TABLE OF CONTENTS
Page 3
DIVISION 31 - EARTHWORKS
Section 31 20 00 Earth Moving
DIVISION 31 – EXTERIOR IMPROVEMENTS
Section 32 12 16 Asphalt Paving
Section 32 91 13 Soil Preparation
Section 32 92 00 Turf and Grasses
Section 32 93 00 Plants
DRAWING LIST
General
G-001 Coversheet
G-101 Site Staging Plan & Notes
G-102 Code Data, Wind Uplift Design Criteria, And General Notes
Landscape
L-101 Paver Layout Plan
L-102 Asphalt Replacement Plan
Structural
S-001 Design Data and General Notes
S-100 Existing Partial Plans
S-101 Sections
Architectural
AD-101 Terrace Roof and Raised Podium Removal Plan & Notes
A-101 Proposed Roof Plan
A-102 Floor and Roof Plan – Additional Information
A-201 Elevations
A-202 Elevations
A-203 Elevations
A-204 Elevations
A-301 Existing Stair Plan & Sections
A-302 Proposed Stair Plan & Elevations
A-303 Typical Stair Section and Steel Support Details
A-304 Existing Raised Podium Plan & Section
A-305 Proposed Raised Podium
A-306 Guardrail and Handrail Plan, Sections And Details
A-307 Stair and Ramp Detail
A-501 Terrace Details
A-502 Terrace Details
A-503 Podium Details
A-504 Mid-Level Roof Details
A-505 Miscellaneous Details
A-506 Terrace Masonry Details
OLIN LIBRARY TERRACE RENEWAL TABLE OF CONTENTS
Page 4
Mechanical
M-011 Mechanical Plan - Demo
M-101 Mechanical Plan – New
Electrical
E-001 Notes, Legend, Schedules
E-011 Electrical Demo Plan
E-101 Terrace Power Plan
E-201 Electrical Details
END OF DOCUMENT
INSTRUCTIONS TO BIDDERS INS-1
INSTRUCTIONS TO BIDDERS
Project: Olin Library Terrace Renewal
Owner: Cornell University
Ithaca, New York 14853
Architect: Bell & Spina Architects
215 Wyoming Street
Syracuse, New York 13204
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: Olin Hall Terrace Renewal
Submitted by:
(Bidder)
b. Proposals shall be delivered to the Owner at the address listed above not later than
2:00PM on May 28, 2019.
INSTRUCTIONS TO BIDDERS INS-2
4. BID OPENING
a. Proposals will be opened publicly by the Owner in Room 102C, 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 $50.00 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 $129.00 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 ten (10) calendar days from the date of issuance
of written authorization to proceed and shall be achieve substantial completion of the project no later
than November 29, 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.
INSTRUCTIONS TO BIDDERS INS-4
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.
12. PRE-BID CONFERENCE
a. A pre-bid conference has been scheduled for 10:00AM, May 9, 2019, in Room 102C 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.
INSTRUCTIONS TO BIDDERS INS-5
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.
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.
INSTRUCTIONS TO BIDDERS INS-6
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.
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) Alternate Proposals and 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
OLIN LIBRARY TERRACE RENEWAL
Cornell University, Ithaca, New York
BID FORM
Submitted by: Date
To: Facilities Contracts
121 Humphreys Service Building
Cornell University
Ithaca, New York 14853
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 April, 24, 2019 prepared by Bell & Spina Architects, 215 Wyoming Street, Syracuse, New York
13204 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
ONE First Floor Window Ledge Roof $ $
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:
x A goal of 18.7% 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.
x A goal of 3.2% 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
ten (10) calendar days after date of issuance of written notice to proceed and to achieve substantial
completion of the project no later than November 29, 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 Architect 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.
ASBESTOS ABATEMENT
CONCRETE
MASONRY
BID FORM BF-4
STRUCTURAL STEEL
METAL RAILINGS
CARPENTRY
ROOFING
HVAC
ELECTRICAL
SITEWORK/LANDSCAPING
_______________
BID FORM BF-5
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-6
9. SCHEDULE OF VALUES
a. The undersigned agrees, prior to the award of a construction contract and upon the
request of the Architect 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
Division 2 Existing Conditions
Division 3 Concrete
Division 4 Masonry
Division 5 Metals
Division 6 Wood, Plastics and Composites
Division 7 Thermal and Moisture Protection
Division 8 Openings
Division 23 HVAC
Division 26 Electrical
Division 31 Earthwork
Division 32 Exterior Improvements
Total Bid $
BID FORM BF-7
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-8
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-9
12. 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:
Rev 03.2018
G E N E R A L C O N D I T I O N S
FOR
OLIN LIBRARY TERRACE RENEWAL
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 2
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
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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 24
Section 12.05 Documents and Conditions Precedent to Final Payment 25
Section 12.06 Final Payment and Release 26
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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.
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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
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 Ownerwith
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 bythe 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.
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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.
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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
(Jason Cragle) 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 as outlined in
the Bid Form for Minority-Owned Business Enterprises (“MBE”) and 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 laborand 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
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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 tothis guarantee will remain in effect
for the period specified in said Contract.
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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:
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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: 18.7% WBE: 3.2% 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
Pu rchase Order
MBE,
WBE, or
N/A
% of Total
Contract
TOTALS 0 0
EXHIBIT "D" - FORM II
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 ELIMINATION: Include meetings held for negotiation, etc.
(Use additional sheet if necessary)
OFFICER OF FIRM:
Name and Title: Date:
Signature:
EXHIBIT "D" - FORM III
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.
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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:
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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
12345
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
12345
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
12345
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
APRIL 24, 2019
GENERAL REQUIREMENTS
FOR
OLIN LIBRARY TERRACE RENEWAL
CORNELL UNIVERSITY
ITHACA, NEW YORK
APRIL 24, 2019
SECTION 01 11 00 SUMMARY OF WORK.....................................................................1
1.0 GENERAL....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1
1.2 TERRACE RENEWAL WORK UNDER OTHER CONTRACTS ..................2
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..........................................................................................................2
1.6 CHANGEOVERS AND CONTINUITY OF SERVICES ................................3
1.7 OBSTACLES, INTERFERENCE AND COORDINATION ............................4
1.8 EQUIPMENT ARRANGEMENTS...................................................................4
1.9 EXISTING EQUIPMENT, MATERIALS, FIXTURES, ETC. ........................5
1.10 EXAMINATION OF PREMISES, DRAWINGS, ETC....................................5
1.11 STAND DOWN DATES...................................................................................6
1.12 WORKING HOURS..........................................................................................7
2.0 PRODUCTS – NOT USED.........................................................................................7
3.0 EXECUTION – NOT USED.......................................................................................7
SECTION 01 23 00 ALTERNATES....................................................................................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 ALTERNATES......................................................................1
APRIL 24, 2019
SECTION 01 25 00 SUBSTITUTIONS AND PRODUCT OPTIONS .............................1
1.0 GENERAL....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1
1.2 DEFINITIONS...................................................................................................1
1.3 ACTION SUBMITTALS..................................................................................2
1.4 PRODUCTS LIST.............................................................................................2
1.5 QUALITY ASSURANCE.................................................................................2
1.6 PROCEDURES..................................................................................................3
1.7 EQUIVALENTS – APPROVED EQUAL........................................................3
1.8 CONTRACTOR'S OPTIONS............................................................................4
1.9 SUBSTITUTIONS.............................................................................................6
1.10 COMPARABLE PRODUCTS..........................................................................7
1.11 CONTRACTOR'S REPRESENTATION..........................................................8
1.12 ARCHITECT'S DUTIES...................................................................................8
2.0 PRODUCTS – NOT USED.........................................................................................8
3.0 EXECUTION – NOT USED.......................................................................................8
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
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......................................................................4
2.0 PRODUCTS – NOT USED.........................................................................................4
3.0 EXECUTION – NOT USED.......................................................................................4
APRIL 24, 2019
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.................................................................................................3
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
2.0 SUBMITTALS.............................................................................................................1
3.0 PRODUCTS – NOT USED.........................................................................................1
4.0 EXECUTION...............................................................................................................1
4.1 EXISTING CONDITION PHOTOGRAPHS....................................................1
4.2 PROGRESS PHOTOGRAPHS.........................................................................1
4.3 FINAL COMPLETION PHOTOGRAPHS.......................................................1
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...........................................................................................3
1.4 PRODUCT DATA.............................................................................................3
1.5 SAMPLES..........................................................................................................4
1.6 QUALITY ASSURANCE AND QUALITY CONTROL SUBMITTALS.......5
1.7 COORDINATION DRAWINGS ......................................................................6
1.8 CONTRACTOR RESPONSIBILITIES ............................................................9
1.9 SUBMITTAL PROCEDURES........................................................................10
1.10 RECORD SUBMITTALS...............................................................................12
1.11 RESUBMISSION REQUIREMENTS............................................................12
1.12 ARCHITECT'S DUTIES.................................................................................12
1.13 DISTRIBUTION..............................................................................................13
2.0 PRODUCTS – NOT USED.......................................................................................13
3.0 EXECUTION – NOT USED.....................................................................................13
APRIL 24, 2019
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 CLEARING, SITE PREPARATION AND SITE USE.....................................2
1.6 SPOIL AND BORROW....................................................................................2
1.7 NOISE AND VIBRATION...............................................................................2
1.8 DUST CONTROL.............................................................................................2
1.9 PROTECTION OF THE ENVIRONMENT .....................................................3
1.10 TEMPORARY RE-ROUTING OF PIPING AND DUCTWORK ....................4
1.11 HAZARDOUS OR TOXIC MATERIALS.......................................................4
1.12 DISPOSAL OF WASTE MATERIAL AND TITLE........................................4
2.0 PRODUCTS – NOT USED.........................................................................................5
3.0 EXECUTION – NOT USED.......................................................................................5
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
APRIL 24, 2019
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........................................................................................17
3.0 EXECUTION - NOT USED......................................................................................17
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 CONTROL OF OFF-SITE OPERATIONS.......................................................2
1.4 TESTING...........................................................................................................3
1.5 OWNER'S REPRESENTATIVE ......................................................................3
2.0 PRODUCTS – NOT USED.........................................................................................3
3.0 EXECUTION – NOT USED.......................................................................................3
SECTION 01 45 29 TESTING LABORATORY SERVICES ..........................................1
4.0 GENERAL....................................................................................................................1
4.1 DESCRIPTION..................................................................................................1
4.2 QUALIFICATIONS OF LABORATORY........................................................1
4.3 LABORATORY DUTIES.................................................................................2
4.4 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY ...............3
4.5 CONTRACTOR'S RESPONSIBILITIES .........................................................3
5.0 PRODUCTS – NOT USED.........................................................................................4
6.0 EXECUTION – NOT USED.......................................................................................4
APRIL 24, 2019
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
2.1 CAST-IN-PLACE CONCRETE........................................................................3
2.2 CONCRETE REPAIRS..................................................................................5
2.3 FRP COMPOSITE REINFORCING ............................................................5
2.4 STRUCTURAL STEEL ..................................................................................7
SCHEDULE OF SPECIAL INSPECTIONS FOR BUILDING STRUCTURES 10
3.0 DOCUMENTATION.................................................................................................19
3.1 RECORDS AND REPORTS...........................................................................19
4.0 DOCUMENTATION.................................................................................................19
4.1 RECORDS AND REPORTS...........................................................................19
4.2 COMMUNICATION.......................................................................................20
4.3 DISTRIBUTION OF REPORTS.....................................................................21
4.4 FINAL REPORT OF SPECIAL INSPECTIONS............................................21
APRIL 24, 2019
SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS ...........................1
1.0 GENERAL....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1
1.2 REQUIREMENTS OF REGULATORY AGENCIES......................................1
2.0 PRODUCTS..................................................................................................................1
2.1 MATERIALS, GENERAL................................................................................1
2.2 TEMPORARY FIRST AID FACILITIES.........................................................1
2.3 TEMPORARY FIRE PROTECTION...............................................................1
2.4 CONSTRUCTION AIDS..................................................................................3
2.5 SUPPORTS........................................................................................................3
2.6 TEMPORARY ENCLOSURES........................................................................4
2.7 TEMPORARY WATER CONTROL................................................................5
2.8 TREE, PLANT AND LAWN PROTECTION..................................................5
2.9 PERSONNEL, PUBLIC AND EMPLOYEE PROTECTION ..........................8
2.10 PROJECT IDENTIFICATION AND SIGNS ...................................................8
2.11 FIELD OFFICES...............................................................................................8
3.0 EXECUTION...............................................................................................................8
3.1 PREPARATION................................................................................................8
3.2 GENERAL.........................................................................................................9
3.3 REMOVAL........................................................................................................9
SECTION 01 51 00 TEMPORARY UTILITIES...............................................................1
1.0 GENERAL....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1
1.2 REQUIREMENTS OF REGULATORY AGENCIES......................................1
2.0 PRODUCTS..................................................................................................................1
2.1 MATERIALS, GENERAL................................................................................1
2.2 TEMPORARY ELECTRICITY, LIGHTING AND WATER ..........................1
2.3 TEMPORARY HEAT AND VENTILATION..................................................2
2.4 TEMPORARY CONTRACTOR TELEPHONE SERVICE .............................2
2.5 TEMPORARY SANITARY FACILITIES .......................................................3
3.0 EXECUTION...............................................................................................................3
3.1 REMOVAL........................................................................................................3
SECTION 01 51 23 HEAT DURING CONSTRUCTION.................................................1
1.0 GENERAL....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1
1.2 RESPONSIBILITY............................................................................................1
2.0 PRODUCTS – NOT USED.........................................................................................1
3.0 EXECUTION – NOT USED.......................................................................................1
APRIL 24, 2019
SECTION 01 57 13 SOIL EROSION AND SEDIMENT CONTROL .............................1
1.0 GENERAL....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1
1.2 SUBMITTALS ..................................................................................................1
1.3 PLAN AND IMPLEMENTATION GENERAL REQUIREMENTS ...............1
1.4 PERFORMANCE STANDARDS.....................................................................1
1.5 EROSION AND SEDIMENT CONTROL PLAN COMPONENTS ................2
1.6 INSPECTIONS..................................................................................................3
2.0 PRODUCTS – NOT USED.........................................................................................3
3.0 EXECUTION – NOT USED.......................................................................................3
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...................................................................................................3
1.6 PROTECTION AFTER INSTALLATION.......................................................4
2.0 PRODUCTS – NOT USED.........................................................................................4
3.0 EXECUTION – NOT USED.......................................................................................4
SECTION 01 71 23 FIELD ENGINEERING.....................................................................1
1.0 GENERAL....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1
1.2 QUALIFICATION OF SURVEYOR................................................................1
1.3 SURVEY REFERENCE POINTS.....................................................................1
1.4 PROJECT SURVEY REQUIREMENTS..........................................................2
1.5 RECORDS.........................................................................................................2
1.6 SUBMITTALS ..................................................................................................2
2.0 PRODUCTS – NOT USED.........................................................................................3
3.0 EXECUTION – NOT USED.......................................................................................3
APRIL 24, 2019
SECTION 01 73 29 CUTTING, PATCHING AND REPAIRING...................................1
1.0 GENERAL....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1
1.2 SUBMITTALS ..................................................................................................2
1.3 QUALITY ASSURANCE.................................................................................2
1.4 WARRANTIES .................................................................................................4
2.0 PRODUCTS..................................................................................................................4
2.1 MATERIALS.....................................................................................................4
3.0 EXECUTION...............................................................................................................4
3.1 INSPECTION....................................................................................................4
3.2 PREPARATION................................................................................................5
3.3 PERFORMANCE..............................................................................................5
3.4 CLEANING.......................................................................................................7
SECTION 01 77 00 PROJECT CLOSEOUT.....................................................................1
1.0 GENERAL....................................................................................................................1
1.1 INSPECTIONS..................................................................................................1
1.2 SUBMITTALS ..................................................................................................2
1.3 FINAL CLEAN UP ...........................................................................................3
1.4 MAINTENANCE STOCK................................................................................3
1.5 ON-SITE CONSTRUCTION TRAILER REMOVAL .....................................4
2.0 PRODUCTS – NOT USED.........................................................................................4
3.0 EXECUTION – NOT USED.......................................................................................4
SECTION 01 78 22 FIXED EQUIPMENT INVENTORY...............................................1
1.0 GENERAL....................................................................................................................1
1.1 FIXED EQUIPMENT INVENTORY...............................................................1
1.2 ROOF SYSTEM INVENTORY........................................................................3
2.0 PRODUCTS – NOT USED.........................................................................................4
3.0 EXECUTION – NOT USED.......................................................................................4
APRIL 24, 2019
SECTION 01 78 23 OPERATING AND MAINTENANCE DATA.................................1
1.0 GENERAL....................................................................................................................1
1.1 DESCRIPTION..................................................................................................1
1.2 FORM OF SUBMITTALS................................................................................1
1.3 CONTENT OF MANUAL................................................................................2
1.4 MANUAL FOR MATERIALS AND FINISHES.............................................3
1.5 MANUAL FOR EQUIPMENT AND SYSTEMS ............................................4
1.6 SUBMITTAL REQUIREMENTS.....................................................................6
1.7 INSTRUCTIONS OF OWNER'S PERSONNEL..............................................6
1.8 OPERATING INSTRUCTIONS.......................................................................7
2.0 PRODUCTS – NOT USED.........................................................................................7
3.0 EXECUTION – NOT USED.......................................................................................7
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
3.3 ROOF WARRANTY PACKAGE.....................................................................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.....................................................................................................6
2.0 PRODUCTS – NOT USED.........................................................................................6
3.0 EXECUTION – NOT USED.......................................................................................6
CORNELL UNIVERSITY SECTION 01 11 00
Ithaca, New York SUMMARY OF THE WORK
OLIN LIBRARY SUMMARY OF WORK 01 11 00-1
TERRACE RENEWAL APRIL 24, 2019
SECTION 01 11 00 SUMMARY OF WORK
1.0 GENERAL
1.1 DESCRIPTION
A. Work to be Done
1. Replacement of the terrace level roof and walkway pavers.
2. Removal of asbestos containing material.
3. Replacement of the stairs and railings leading down to Ho Plaza from terrace level
roof.
4. Installation of new guard rails along the terrace level roof.
5. Masonry wall repairs and replacement.
6. Exhaust fan replacement on terrace level roof.
7. Lighting replacement on terrace level roof.
8. Lightning protection on terrace level roof.
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
OLIN LIBRARY SUMMARY OF WORK 01 11 00-2
TERRACE RENEWAL APRIL 24, 2019
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 TERRACE RENEWAL 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***