HomeMy WebLinkAbout05_GCs_Phase 3A_Network Connectivity_FINAL_NP Rev 08-2012
G E N E R A L C O N D I T I O N S
FOR
NETWORK CONNECTIVITY PROGRAM
PHASE 3A
CORNELL UNIVERSITY
ITHACA, NEW YORK
i Rev 08-2012
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 Form of Change Orders 10
ARTICLE 5 TIME OF COMPLETION
Section 5.01 Time of Completion 10
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TABLE OF CONTENTS
Page
ARTICLE 6 TERMINATION
Section 6.01 Termination for Cause 12
Section 6.02 Termination for Convenience of Owner 12
Section 6.03 Owner's Right to do Work 12
ARTICLE 7 DISPUTES
Section 7.01 Disputes Procedure 12
ARTICLE 8 SUBCONTRACTS
Section 8.01 Subcontracting 13
ARTICLE 9 COORDINATION AND COOPERATION
Section 9.01 Cooperation with Other Contractors 14
ARTICLE 10 PROTECTION OF RIGHTS, PERSONS AND PROPERTY
Section 10.01 Accidents and Accident Prevention 15
Section 10.02 Adjoining Property 16
Section 10.03 Emergencies 16
Section 10.04 Bonds 16
Section 10.05 Risks Assumed by the Contractor 16
Section 10.06 Contractor's Compensation and Liability Insurance 17
Section 10.07 Liability Insurance of the Owner 18
Section 10.08 Owner's and Contractor's Responsibilities for
Fire and Extended Coverage Insurance Hazards 19
Section 10.09 Effect of Procurement of Insurance 20
Section 10.10 No Third Party Rights 20
ARTICLE 11 USE OR OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER
Section 11.01 Substantial Completion 20
Section 11.02 Occupancy Prior to Acceptance 20
ARTICLE 12 PAYMENT
Section 12.01 Provision of Payment 20
Section 12.02 Withholding Payments 23
Section 12.03 Documents and Conditions Precedent to Final Payment 23
Section 12.04 Final Payment and Release 24
ARTICLE 13 TAX EXEMPTION
Section 13.01 Tax Exemption 25
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TABLE OF CONTENTS
Page
ARTICLE 14 GUARANTEE
Section 14.01 Guarantee 25
ARTICLE 15 STANDARD PROVISIONS
Section 15.01 Provisions Required by Law Deemed Inserted 26
Section 15.02 Laws Governing the Contract 26
Section 15.03 Assignments 26
Section 15.04 No Third Party Rights 26
Section 15.05 Waiver of Rights of Owner 26
Section 15.06 Nondiscrimination and Affirmative Action 27
Section 15.07 Limitation on Actions 28
Section 15.08 Owner's Representative 28
ARTICLE 16 ACCOUNTING, INSPECTION AND AUDIT 29
ARTICLE 17 CONTRACTOR PERFORMANCE EVALUATION 29
ARTICLE 18 ROYALTIES AND PATENTS 29
ARTICLE 19 CONFIDENTIALITY AND USE OF OWNER'S NAME
Section 19.01 Release of Information 29
Section 19.02 Confidential Information 29
Section 19.03 Use of Owner's Name 30
ARTICLE 20 CORNELL UNIVERSITY STANDARDS OF
ETHICAL CONDUCT 30
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EXHIBITS
A Change Order
A-1 Change Order Documentation Instructions
Construction Contract Change Order Request
Construction Contract Change Order Summary
B Schedule of Values for Contract Payment
C Final Release
D Application and Certificate for Payment
E Guarantee
F Form I Contractor’s Affirmative Action Plan
Use of MBE and WBE Vendors
Form II Contractor’s Affirmative Action Plan
Summary of Bid Activity with MBE and WBE
Subcontractors and Vendors
Form III Affirmative Action Workforce Report
Form IV Minority-Women Utilization Report
G Labor Rate Breakdown
H Stored Materials Invoicing Documentation
I Contractor Performance Evaluation
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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.
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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 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.
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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.
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.
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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 five (5) sets of
Contracts Documents.
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.
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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 be
submitted via Daily Work Report (DWR) tool on MasterLibrary 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.
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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.
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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.
Changes will be requested by the Owner in the form of a Field Order and will be issued via
MasterLibrary.Com. Should the field order not impact the overall cost or time of the project, the
Contractor shall acknowledge the Field Order on MasterLibrary and complete the work requested
in the field order without delay. Upon completion of the work, the Contractor shall enter
completion notes on the field order form on MasterLibrary and Mark the Field Order as complete
However, should the requested work impact the overall cost or required time, the
Contractor shall submit to the Owner a proposal via MasterLibrary with a detailed breakdown of
the Contractor's estimate, including all subcontractors details, of the value of the Proposed Work
as an attachment in the format detailed in Exhibit A-1.
The Contractor shall enter “PROP-###” from MasterLibrary on the form A-1 where COR
number is required. On MasterLibrary the contractor shall enter the Total Cost from the Exhibit
A-1 in the Price Field. The Contractor shall also enter a Title for the Proposal (COR) on
MasterLibrary, as well as a brief description of the work.
A Proposal (COR) can be submitted via MasterLibrary directly from the Field Order
form or can be entered directly into MasterLibrary as a new Proposal. If a proposal is in response
to a Field Order, the Proposal shall be linked to the Field Order. This can be done by selecting
the related Field Order via the dropdown selector on the Proposal forms.
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.
This method shall be used if the Contract contains applicable unit prices.
(i) To the extent that a 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
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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.
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.
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-ups:
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.
4. No markup shall be paid on the premium portion of overtime pay.
5. No markup shall be paid on insurance, taxes, fringe benefits or bond cost.
Where the Work involves both an increase and a reduction in similar or
related Work, the above percentage override shall be applied only on the
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amount, if any, that the cost of the increase exceeds the cost of the
reduction.
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-1. Each submission shall include an electronic .pdf format of all documentation and shall be
submitted via MasterLibrary as a Proposal in response to the Field Order under which the request
was made.
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.
Section 4.02 - Form of Change Orders
All change orders shall be processed, executed and approved on the Owner's change
order form, which is included herein as Exhibit "A" and made a part of the Contract Documents.
No alteration to this form shall be acceptable to the Owner and no payment for change order
Work shall be due the Contractor unless a change order has been issued and approved on said
form. Copies of all change orders will be logged into and issued to the Contractor via
MasterLibrary in addition to hard copy forms.
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.
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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.
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.
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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.
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.
13 Rev 08-2012
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.
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.
14 Rev 08-2012
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.
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
15 Rev 08-2012
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. The
Contractor shall supply the Owner with all Contractor and Subcontractor written accident
investigation forms and accident reports prepared.
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 as a pdf document in
MasterLibrary. 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.
16 Rev 08-2012
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.
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. To the fullest extent permitted by law, the Contractor
shall indemnify and hold harmless the Owner and its agents and employees from and against all
claims, damages, losses, fines, and expenses, including attorneys' fees, arising out of or resulting
from the performance of the work including, but not limited to, those arising out of bodily or
personal injury, sickness, disease, death, or injury or destruction of tangible property, including
the loss of use resulting therefrom, to which the Owner, its agents or employees may be subjected
by reason of any negligent act or omission, 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, regardless of whether or not
it is caused in part by the Owner, except to the extent caused by Owner's own negligence.
1. In the event that any party is requested but refuses to honor the
indemnity obligations hereunder, then the party indemnifying shall, in addition to
all other obligations, pay the cost of bringing any such action, including
attorneys' fees, to the party requesting indemnity.
17 Rev 08-2012
B. 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.
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
18 Rev 08-2012
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.
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.
19 Rev 08-2012
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 architects 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 incident 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.
20 Rev 08-2012
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.
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
21 Rev 08-2012
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, attached hereto as Exhibit "B" and made a part of the Contract
Documents, when approved by the Owner and Architect 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 “Pencil Copies” of all documents as
attachments to the applicable “Pay App” on MasterLibrary. Values from
the contractors AIA 702 form will be entered on the Pay App in
MasterLibrary and all forms and documentation as required in this
section shall be attached to the Pay App on MasterLibrary. Upon
approval of the Pencil Copy a written statement, including Contract
Number, full name of the project and the name of the Owner's
Representative as set forth in Article 15, Section 15.08, in approved
format to the Architect with five (5) copies, 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 duplicate
copies of 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. 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.
22 Rev 08-2012
(d) If, pursuant to a prior written agreement with the Owner, payments
are requested on account of materials or equipment not incorporated in
the work which have been delivered and suitably stored at the site, or at
some other location, such payments shall be conditioned upon
submission by the Contractor of bills of sale, insurance certificates,
notice of bonded warehousing, in accordance with Exhibit “H”. The
Contractor shall bear the cost of transporting materials stored off-site to
the site.
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.
The Architect shall submit the approved applications for payment to:
Facilities Contracts
121 Humphreys Service Building
Cornell University
Ithaca, New York 14853
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.
After the Architect has issued a Certificate for Payment, the Owner shall
make payment in the manner provided in the Agreement within thirty (30)
calendar days of receipt of the approved Certificate from the Architect.
However, by issuing a Certificate for Payment, the Architect shall not
hereby 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.
5. Any reduction with respect to retention shall be done in accordance with
the Change Order provisions as outlined in Article 4 of these General Conditions.
The Contractor shall submit to the Owner a written request for such reduction
including a Consent of the Surety for such reduction.
23 Rev 08-2012
6. The remaining 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 12.04.
D. "Schedule of Amounts for Contract Payments" and "Schedule Contractors
Monthly Requisitions" (AIA Document G702; Application and Certificate for Payment) must be
submitted, in the form as those contained herein as Exhibit "D", to comply with requirements for
tax exemption.
Section 12.02 - 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 12.03 – 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.
24 Rev 08-2012
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.
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 12.04 - 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.
25 Rev 08-2012
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.
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 will provide the Panduit Certification Plus System Warranty.
Corning Cable Systems' network of LANscape® Extended Warranty Program (EWP) installers
will provide the EWP certification
B. 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
C All Guarantees or Warranties of equipment or materials furnished to the
Contractor or Subcontractors by any Manufacturer or Supplier shall be deemed to run to the
benefit of Cornell University. If any Manufacturer or Supplier of any equipment or material
furnishes a Guarantee or Warranty for a period in excess of one (1) year from the date of
acceptance, the Contractor's Guarantee shall be deemed to extend for a like period as to such
equipment or material.
D. 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".
26 Rev 08-2012
E. Within a reasonable time after receipt of written notice thereof, the Contractor
shall correct any defects in material or workmanship which exist prior to or during the period of
any Guarantee provided herein and any damage to other work or property caused by such defects
or the repairing of such defects.
F. Prior to final acceptance of the work, the Contractor shall deliver to Cornell
University copies of all Guarantees and Warranties on equipment and materials furnished by all
Manufacturers and Suppliers to the Contractor and all Subcontractors, with duly executed
instruments properly assigned said Guarantees and Warranties to Cornell University. The
Contractor shall bind said copies of Guarantees and Warranties together in a single volume,
grouped by trade and properly indexed.
G. The guarantees and warranties herein specified shall not be construed to modify
or limit, in any way, the Contractor's express or implied warranties or any rights or actions which
Cornell University may have against the Contractor by contract, law, statute, or in equity, for
breach of Contract or improper performance or defective Work.
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
shall be deemed to be inserted therein.
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.
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.
27 Rev 08-2012
Section 15.06 - Nondiscrimination and Affirmative Action
A. The Contractor shall submit copies of their Affirmative Action Program and the
Affirmative Action Programs of its proposed subcontractors within thirty (30) days after
execution of a contract. A meeting to review these forms will be scheduled by the Owner after
receipt of the same. Such Affirmative Action Programs must be satisfactory to the Owner. The
Contractor shall designate a Compliance Officer in their organization who shall be responsible for
implementing the Affirmative Action Program 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 and
Minority - Women Utilization Report attached hereto as Exhibit "F".
B. The Contractor agrees, in addition to any other nondiscrimination provisions of
the Contract, that the Contractor shall comply fully with and shall cooperate in the
implementation of any Affirmative Action Requirements for Equal Employment Opportunity and
Minority Business Enterprises (MBE) participation required by the Owner, at no additional cost
to the Owner. Any such requirements shall be incorporated in their entirety in all subcontracts of
any tier.
C. These provisions shall be deemed supplementary to the nondiscrimination
provisions required by applicable federal and state law.
D. The Contractor shall submit for Owner approval, a plan of affirmative action
designed to assure minority group members an equal opportunity in employment and subcontract
work within thirty (30) days of contract award. The Contractor’s Affirmative Action Plan must
be approved by the Owner.
E. The following forms, attached hereto as Exhibit "F" and made a part of the
Contract Documents, are to be used in submitting Affirmative Action Plans and hereby made a
part of the Contract Documents.
1. Use of MBE and WBE Vendors (Form I)
2. Summary of bid Activity with MBE and WBE Subcontractors and
Vendors (Form II)
3. Affirmative Action Workforce Report (Form III)
4. Minority-Women Utilization Report (Form IV)
This Plan is supplementary to all federal and state nondiscrimination
requirements. Cornell University is an Equal Employment Opportunity Employer.
F. The goals for participation (minority and female), expressed in percentage terms
for the Contractor’s aggregate work force in each trade on all construction work, are as follows:
Carpenters 4.8%
Electricians 14.1%
Laborers 7.8%
Masons 2.8%
Painters 25.7%
Plumbers 5.9%
Sheetmetal Workers 4.0%
28 Rev 08-2012
G. The Contractor shall demonstrate compliance with these goals by submission of
the Affirmative Action Workforce Report (Exhibit F – Form III) on a monthly basis. The Prime
Contractor shall provide a single monthly report inclusive of all subcontractor information for the
project labor. On-site office personnel should not be included in the "workforce" totals. Such
forms shall be submitted to:
Facilities Contracts
121 Humphreys Service Building
Cornell University
Ithaca, New York 14853
Section 15.07 - 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 15.08 - Owner's Representative
A. The Owner shall designate a representative authorized to act in its behalf with
respect to the Project. The Owner or its designated representative (ArchiTechnology identified
staff) shall examine documents and shall render approvals and decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of the Contractor's work.
B. Directives affecting cost and/or schedule shall only be recognized by the
Contractor from Cornell University’s designated representative (Tom Theimer).
C. Archi-Technology identified staff shall provide on-site construction
oversight and serve as construction advisors to Owner. Directives not affecting cost or
schedule shall be recognized by the Contractor and executed as if issued by the Owner’s
representative.
ARTICLE 16 -- 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 17 – CONTRACTOR PERFORMANCE EVALUATION
29 Rev 08-2012
Owner shall schedule a meeting at fifty percent (50%) based on project invoicing and at
project completion to review with the Contractor their performance for the project unless
performance warrants additional reviews. 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 18 -- 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.
ARTICLE 19 -- CONFIDENTIALITY AND USE OF OWNER'S NAME
Section 19.01 - Release of Information
The Contractor shall not divulge information concerning the Work (including news
releases, internal house organs, 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 19.02 - 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 19.03 - Use of Owner's Name
30 Rev 08-2012
The Contractor shall not use, in its external, advertising, marketing program, 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.
ARTICLE 20 -- 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 http://finance.fs.cornell.edu/contracts/forms/contractors.cfm. 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.
Distribution to:
EXHIBIT "A-1"
OWNER
ARCHITECT
CONTRACTOR
CCHHAANNGGEE OORRDDEERR FIELD
OTHER
Cornell University
Facilities Contracts
121 Humphreys Service Building
Ithaca, New York 14853
PROJECT: CHANGE ORDER NUMBER:
TO (Contractor): INITIATION DATE:
OWNER'S CONTRACT NO:
CONTRACT DATE:
You are directed to make the following changes in this Contract:
Item No. Description Reference Amount
Not valid until signed by both the Owner and Contractor.
Signature of the Contractor indicates the Contractor’s agreement herewith, including any adjustments in the Contract Price or Contract Time.
The original (Contract Price) was $
Net change by previously authorized Change Orders $
The (Contract Price) prior to this Change Order was $
The (Contract Price) will be (increased) (decreased) (unchanged) by this Change Order $
The new (Contract Price) including this Change Order will be $
The Contract Time will be (increased) (decreased) (unchanged) by ( ) Days.
The Date of Substantial Completion as of the date of this Change Order therefore is
AUTHORIZED SIGNATURES:
CORNELL UNIVERSITY
CONTRACTOR OWNER
BY BY
TITLE TITLE
DATE DATE
EXHIBIT "A-1"
CORNELL UNIVERSITY
Division of Facilities Services
Construction Contract Change Order Forms
Instructions to Change Order Documentation
Facilities Services (“FS”) has created this Standard Change Contract Change Order Request and
Change Order Summary Forms to facilitate preparation of contract change orders in conformity
with construction contract requirements. The forms have been prepared to comply with contract
requirements presented in the General Conditions, dated August 2012.
The Change Order Request form shall be used by the Contractor and by all Subcontractors in
preparing their cost estimates for services associated with the Changed Work. The Contractor
shall submit to the Owner the Change Order Summary Form with all associated back-up
documentation.
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 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-1"
EXHIBIT "A-1"
SCHEDULE OF VALUES FOR CONTRACT PAYMENTS EXHIBIT "B" (Based on Original Estimate) Name of Contractor Project Title Total Cost Item Description Unit of Labor Material Other Cost of Per No. of Item Quantity Measure Cost Cost Costs Item Unit (1) (2) (3) (4) (5) (6) (7) (8) (9) TOTALS $ $ $ $ $ NOTE: Each Allowance must be listed as a Separate Item. Approved: Contractor Date Architect Date Owner Date
FINAL RELEASE EXHIBIT "C"
FINAL WAIVER OF CLAIMS AND LIENS AND RELEASE OF RIGHTS
Sworn to before me this Corporation or Business Name
Day of 20 By:
Title:
Date Contract Date
Project Contract Price
Address Net Extras and Deductions
City Adjusted Contract Price
County Amount Previously Paid
State Balance Due - Final Payment
The undersigned hereby acknowledges that the above Balance Due when paid represents payment in full for all
labor, materials, etc., furnished by the below named Contractor or Supplier in connection with its work on the above
Project in accordance with the Contract.
In consideration of the amounts and sums previously received, and the payment of $
being the full and Final Payment amount due, the below named Contractor or Supplier does hereby waive and release
the Owner from any and all claims and liens and rights of liens upon the premises described above, and upon
improvements now or hereafter thereon, and upon the monies or other considerations due or to become due from the
Owner or from any other person, firm or corporation, said claims, liens and rights of liens being on account of labor,
services, materials, fixtures or apparatus heretofore furnished by the below named Contractor or Supplier to the
Project. The premises as to which said claims and liens are hereby released are identified as follows:
.
The undersigned further represents and warrants that he/she is duly authorized and empowered to sign and execute
this waiver on his/her own behalf and on behalf of the company or business for which he/she is signing; that it has
properly performed all work and furnished all materials of the specified quality per plans and specifications and in a
good and workmanlike manner, fully and completely; that it has paid for all the labor, materials, equipment and
services that it has used or supplied, that it has no other outstanding and unpaid applications, invoices, retentions,
holdbacks, expenses employed in the prosecution of work, chargebacks or unbilled work or materials against the
Owner as of the date of the aforementioned last and final payment application; and that any materials which have been
supplied or incorporated into the above premises were either taken from its fully-paid or open stock or were fully paid
for and supplied on the last and final payment application or invoice.
The undersigned further agrees to defend, indemnify and hold harmless the Owner for any losses or expenses
(including without limitation reasonable attorneys' fees) should any such claim, lien or right of lien be asserted by the
below named Contractor or Supplier or by any of its or their laborers, material persons or subcontractors.
In addition, for and in consideration of the amounts and sums received, the below named Contractor or
Supplier hereby waives, releases and relinquishes any and all claims, rights or causes of action in equity or law
whatsoever arising out of through or under the above mentioned Contract and the performance of work pursuant
thereto.
The below named Contractor or Supplier further guarantees that all portions of the work furnished and
installed are in accordance with the Contract and that the terms of the Contract with respect to this guarantee will
remain in effect for the period specified in said Contract.
EXHIBIT "D"
EXHIBIT "D"
EXHIBIT "E"
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:
EXHIBIT "F"
FORM I
1
CONTRACTOR'S AFFIRMATIVE ACTION PLAN
Use of MBE and WBE Vendors
Please print or type all information,
except where a signature is required.
PROJECT:
Amount of Contract: $
Name of Prime Contract Bidder:
Address (Street, City, State and Zip Code):
Telephone Number (Including Area Code): Trade:
1. List previous Cornell University work done by your firm:
2. Do you intend to subcontract any work on this project? Yes No
A. What is the total dollar value of work you intend to subcontract?
Amount $ AND Range: From $ to $
3. Do you intend to purchase supplies and/or use vendor services?
A. What is the total dollar value of your intended purchase and/or vendor?
Amount $ AND Range: From $ to $
4. List the work you plan to subcontract in area A. below and list the items you propose to purchase
and/or vendor services you propose to use in area B. Use additional sheet(s) if required.
A. Trade Amount of Work to be B. Supplies and/or Vendor Services
Subcontracted
Trade Amount Item Amount
$ $
$ $
$ $
EXHIBIT "F"
FORM I
2
5. Indicate by dollar value and percentage of contract, the total of your goal for minority and female
vendors and subcontractor participation including your goal for purchases and services. (The
percentage given should be a percentage of your total contract amount.
MBE Amount $ AND Percentage %
WBE Amount $ AND Percentage %
6. Indicate your goal for minority participation in the labor force by dollar value and percentage of
total monthly manpower per trade.
MBE Amount $ AND Percentage %
WBE Amount $ AND Percentage %
7. List MBE and WBE vendors utilized by your firm over the past five (5) years:
MBE or WBE Vendor
CONTRACT
(Indicate which) ADDRESS PROJECT TRADE AMOUNT
This space provided for any comments your organization may have regarding the utilization of MBE and
WBE vendors:
OFFICER OF PRIME CONTRACT BIDDER:
Name and Title: Date:
Signature:
EXHIBIT "F"
FORM II
CONTRACTOR'S AFFIRMATIVE ACTION PLAN
Summary of Bid Activity with MBE and WBE
Subcontractors and Vendors
Please print or type all information,
except where a signature is required.
PROJECT:
Name of Prime Contract Bidder:
Address (Street, City, State and Zip Code):
Contact Person (Name, Title and Telephone Number):
MBE and WBE
Subcontractor/Vendor Item/ Bid Submitted: Award Status Date of
(Indicate which) Trade Date Amount Date Amount Elimination
EXPLANATION OF ELMINATION: Include meetings held for negotiation, etc.
(Use additional sheet if necessary)
OFFICER OF FIRM:
Name and Title: Date:
Signature:
EXHIBIT "F" FORM III
EXHIBIT "F" FORM IV CORNELL UNIVERSITY Please print or type all information. PROJECT PRIME CONTRACTOR MINORITY - WOMEN UTILITZATION REPORT DATE Dollar Dollar % of Dollar % of Prime Contractor, Craft Amount Amount Prime Amount Prime Subcontractor and and/or of Minority Firm of Total Women Firm of Total Sub-Subcontractor's Name Trade Subcontract Name - Awards Trade MBE Contract Contract Name - Awards Trade WBE Contract Contract TOTALS $ $ $
EXHIBIT "G"
EXHIBIT "H”
EXHIBIT "I"